fbpx
stores

Terms and Conditions

1. Overview
  1. (a) Thank you for using Yo Life. We provide a service that provides an online marketplace for health and wellness products and services. (Service).

  2. (b) Our online platform consists of our website located at www.yolife.com.au (the Website), which is owned and operated by Yo Life (ABN 68 583 659 389) (we, us, our). Please read these terms and conditions (Terms) carefully as they form a contract between you and us (Agreement). By using the Website, you agree with and accept the Terms in this Agreement.

  3. (c) This Agreement, our Privacy Policy and all policies and guidelines related to the Service, together with the Australian Consumer Law contained within Schedule 2 to the Competition and Consumer Act 2010 (Australian Consumer Law), form the entire agreement between you and us. If you do not accept any Terms of the Agreement, you must cease to use the Website and Services immediately.

  4. (d) We reserve the right to amend the Terms at any time, and by continuing to use the Services, you accept the Terms as they apply from time to time.

 
2. Scope of our Services
  1. (a) Our Website is a digital marketplace that allows businesses (Providers) looking to sell health and wellness products and services to sell directly to people seeking to purchase these items (Customers) (together, Users).

  2. (b) We act as an intermediary between Users and our role includes facilitating access to the Website and products or services offered by Providers (Provider Products) on the Website as well as assisting in managing any disputes that may arise between Customers and Providers.

  3. (c) We do not own, create, sell, resell, provide, control, manage, deliver or supply any Provider Goods on the Website. When the Customer makes a purchase to buy a Provider Product on the Website (Purchase), the Customer is directly entering into a binding contract with the Provider. We do not become a party to or participant in any contractual relationship between Users. We are not acting as an agent in any capacity for any User, except to the extent outlined in this Agreement.

 
3. Registration and Access to Service
  1. (a) To obtain access to our Service, you must register for an account with us (Account) and accept these Terms and our Privacy Policy which forms a contractual relationship between you and us.

  2. (b) To use our Service, you must provide us with current, complete and accurate identification, and other information (some of which is not mandatory) including, but not limited to, your name, phone number, a valid email address, ABN and password (Registration Information). If your Registration Information changes, you must promptly update your Account to reflect those changes.

  3. (c) By accessing the Website and using our Service as a User, you represent and warrant that:

    1. (i) you have the right, authority and capacity to agree to and abide by the Terms;

    2. (ii) we have no control of the conduct of our Users and your interactions with other Users (whether in person or online) and your obtaining of any Provider Product as a Customer is at your own risk. You should always verify Provider’s details and exercise due diligence and care when making a booking or purchase;

    3. (iii) we are not obliged to confirm the identity of Users or Providers but may, at our discretion, take reasonable steps to ensure Customer and Provider details are accurate;

    4. (iv) we do not guarantee the existence, availability, suitability, legality or safety of any Provider Product;

    5. (v) you are responsible for maintaining the confidentiality of your Registration Information at all times;

    6. (vi) your access to and use of the Website is non-transferable;

    7. (vii) we may deny anyone access to an Account, our Service or the Website at any time where you have breached any provision of this Agreement or our Privacy Policy; and

    8. (viii) we reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by Signuped Users through the Application (“User Content”) and we do not control the accuracy of User Content;

    9. (ix) if you are registering with Yo Life or using the Website on behalf of a company, that company is taken to have accepted the Terms and you are taken to have been duly authorised to bind the company; and

    10. (x) you will use the Website in a manner consistent with any and all applicable laws, regulations and all other Yo Life policies.

  4. (d) Yo Life reserves the right to suspend or remove accounts when acceptable community standards are not met. This may include, but is not limited to, sexually explicit content, unacceptable language to other Users or to Yo Life, bigoted content, content or claims that cannot be substantiated and may present a community risk, or unsolicited spam. A decision to suspend or delete accounts that breach this clause will be exercised at Yo Life’s sole discretion.

  5. (e) By registering for an Account, you agree that we may from time-to-time send you text (SMS) messages as part of the normal business operation of your use of the Service. You may opt-out of receiving SMS messages from us by contacting us and you acknowledge that opting out of receiving SMS messages may impact your use of our Service.

  6. (f) Yo Life uses a combination of Dokan and WooCommerce to facilitate the delivery of the Services. By registering for an Account and using our Service as a User, you agree and acknowledge that you will abide by the Dokan and WooCommerce Terms of Use at all times

 

4. Use of Website
  1. By accessing the Website, you will:

  2. (a) use the Website for lawful purposes only;

  3. (b) not commit any act or engage in any practice that:

    1. (i) is harmful to our systems, brand, reputation or goodwill; or

    2. (ii) interferes with the integrity of the Website, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;

  4. (c) not create Accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;

  5. (d) not restrict, or attempt to restrict, another user from using the Website;

  6. (e) not encourage or facilitate violations of the Terms;

  7. (f) not distribute or send communications that contain spam, chain letters, or pyramid schemes;

  8. (g) not harvest or otherwise collect information about others, including Registration Information, without their consent;

  9. (h) not bypass measures used to prevent or restrict access to our Service;

  10. (i) not interfere with the privacy of, harass, intimidate, act violently or inappropriate towards or be discriminatory against another User; and

  11. (j) not infringe any intellectual property rights or any other contractual or proprietary rights of another User or third party.

    1.  
 
5. User Content
  1. (a) You are solely responsible for User Content:

    1. (i) you post, publish or otherwise transmit through the Website; and

    2. (ii) you obtain through accessing or using the Website.

  2. (b) You grant us a royalty free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable license to use, reproduce, modify, copy, store, share and re-market your User Content for our business or commercial purposes.

  3. (c) The views expressed in any User Content are the views of users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to report problems, offensive content or comments and malicious use of the Website.

  4. (d) Providers are responsible for providing up to date and accurate information, including stock availability, postage costs, deleted products and up to date digital assets to ensure the information disseminated to users is a true representation of the products they may purchase.

 
6. Payment Terms

In this clause 6, Payment Method means a financial instrument that Users have added to their Account, such as a credit card, debit card, Stripe or PayPal account.

 
6.1 Provider fees
  1. (a) The fee to be paid for the Provider Product (Provider Fee) is determined solely by the Provider and we have no control over those fees, or any increase or decrease in them.
  2. (b) The Customer agrees to pay the Provider Fee when purchasing a Provider Service.
 
6.2 Subscription fees
  1. (a) We may charge fees to Providers in consideration for the use of our Service (Subscription Fees). All Subscription Fees are in Australian Dollars (AUD). Subscription Fees may be converted to your local currency at the time of payment. We will be entitled to add on GST for any supply in Australia.

  2. (b) We will inform you of any applicable Subscription Fees (including any applicable GST) when you are establishing your account with us. A guide to our Subscription Fee rates can be found on the subscription page on our www.yolife.com.au.

  3. (c) We reserve the right to change the Subscription Fees at any time and we will provide Providers with adequate notice of any fee changes before they become effective.

  4. (d) You as a Provider are responsible for paying any Subscription Fees that you owe to us. Except as otherwise provided on the Site, Subscription Fees are non-refundable.

  5.  
6.3 Transaction fees
  1. (a) When a Provider makes a sale through the Website, the Provider will be charged a fee for the transaction (Transaction Fee). Transaction Fees vary based on volume and range from 8.5% to 10% of the price you display for the Provider Service, inclusive of GST.

  2. (b) Transaction Fees will be calculated on each sale and deducted from the Provider Fee. The balance of the Provider Fee will then be handled in accordance with 6.3(c).

  3. (c) Generally speaking, we will collect the total fees from the Customer at the time a booking is made and hold it for a period of up to 7 days before transmitting it to the Provider. This allows us to expedite any eligible refunds to the Customer where a booking is cancelled or a product is returned within 7 days in accordance with the relevant Provider’s cancellation policy.

  4. (d) We reserve the right to change the Transaction Fees at any time and we will provide Providers with adequate notice of any fee changes before they become effective.

  5. (e) In instances where foundation or subscriptions with a free trial period ends, subscription fees will automatically rollover to the relevant subscription type and fees will commence immediately as per the current subscription model at the time of rollover.

 
6.4 Payment method
  1. (a) Fees payable by Users under this Agreement must be paid for using payment processing services provided by:

    1. (i) Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the “Stripe Terms of Service”); or

    2. (ii) PayPal and are subject to the PayPal User Agreement, which includes the Acceptable Use Policy (collectively, the PayPal Agreement).

  2.  Please review these terms and conditions before using your Payment Method.

  3. (b) By agreeing to these Terms or continuing to operate an Account with Yo Life, you agree to be bound by the Stripe Terms of Service or the PayPal Agreement (as applicable) and the same may be modified by Stripe or PayPal from time to time.

  4. (c) We reserve the right to delay or cancel any payment for purposes of preventing unlawful activity, fraud, risk assessment, security or investigation.

  5. (d) We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you end up receiving or paying the correct amount.

  6. (e) The User is responsible for:

    1. (i) ensuring that their nominated Payment Method has sufficient funds to pay the Subscription Fee;

    2. (ii) paying all bank fees, including fees charged by your bank for an overdraw of your account as a result of payment of the Subscription Fee; and

    3. (iii) if any payment fails, any reasonable administration fees.

 
7. Cancellations and Refunds
  1. (a) By accepting a Provider Product on the Website, you accept and agree to the relevant cancellation and refunds policy of that Provider and to any additional terms and conditions of the Provider Product that may apply to you.

  2. (b) Please check the terms and conditions of a Provider Product thoroughly for any such conditions prior to making a purchase or booking. If you would like to change or cancel a Provider Product, please review and keep a record of any correspondence regarding that change or cancellation.

  3. (c) Where we have been notified by the User to process a “Refund Request”, the relevant Customer will receive the refund within 5 to 10 working days.

  4. (d) You agree that we have no control of any Provider’s cancellation and refunds policy and that you will not hold us responsible for any result or consequence of your request of cancellation or refund from a Provider.

  5. (e) All Providers must abide by and adhere to their cancellation and refund policies. Where there is a dispute in relation to the application of a cancellation or refund policy, we will intervene and assist in resolving any such dispute upon being notified by the relevant Member or Provider, in accordance with clause 15.

  6. (f) In the event a Customer disputes the receipt of a Provider Product, the Provider must provide a receipt, tracking history or a signed proof of delivery to demonstrate that the Provider Product has been delivered. If this cannot be provided to the customer, the Provider must provide the Customer with a refund or replacement Provider Product.

  7. (g) We handle and process refunds of our own fees in accordance with the Australian Consumer Law:

    1. (i) should you wish to obtain a refund, you may contact us within 14 calendar days of receival of the goods, or completion of the Service to report any discrepancies or faults to make a claim otherwise you will be deemed to have accepted the Provider Product or Service;

    2. (ii) returns or refunds are made at our discretion and are subject to any guarantees that cannot be excluded under the Australian Consumer Law; and

    3. (iii) except as required by the Australian Consumer Law, we will only facilitate a refund if we are unable to facilitate the receival of good or completion of the Service or, if we determine, in our absolute discretion, it is reasonable to do so.

  8. (h) We may, at our discretion, implement a cancellation and refund policy and Users agree to be bound by it. In the event of any inconsistency between our policy and the providers policy, our policy will prevail.

 
8. Intellectual Property Rights
  1. (a) In these Terms, Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.

  2. (b) We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Website or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on the Website (collectively, Website Content). Your use of and access to the Website does not grant or transfer any rights, title or interest to you in relation to the Website Content.

  3. (c) You may access the Website using a web browser or mobile device, and electronically copy and print hardcopy the Website Content solely for your personal, non-commercial use.

  4. (d) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Website Content or any other material in whatever form contained within the Website unless expressly stated otherwise in these Terms.

 
9. Third Party Links
  1. (a) The Website may contain links and other pointers to Internet websites or applications operated by third parties.  We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to the third-party products and services.

  2. (b) The Provider will not install links within the Website in an attempt to re-direct customers, avoid referral share fees, offer deals or move business away from Yo Life unless provided with written permission by Yo Life to do so. The Website provides a channel to access new customers and any attempt to canvas Customers directly is against the spirit of the service provided. Yo Life reserves the right to suspend or remove the account of any Provider that breaches this clause at its sole discretion.

 
10. Disclaimer
  1. To the fullest extent permitted by law, you agree and acknowledge that:

  2. (a) our Service is provided “as is” and “as available” and the entire risk arising out of your use of our Service remains solely with you;

  3. (b) we do not control, endorse and are not responsible for any User Content;

  4. (c) we retain complete control over the Website and may alter, amend or cease the operation of the Website in our sole discretion;

  5. (d) we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Website;  we make no warranty or representation that the Website will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times;

  6. (e) we are not liable for loss of sales if the Website is down for due to third-party actions, including but not limited to the maintenance services; internet service providers, Third Party servers, nefarious hacks or distributed denial of service attacks; and

  7. (f) we may remove any content, material and/or information, including any User Content, without giving any explanation or justification for removing the material and/or information.

 

11. Exclusion and Limitation of Liability
  1. (a) To the fullest extent permitted by law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with:

    1. (i) your use or inability to use the Website or Services;

    2. (ii) if you are a User, your use of Provider Services;

    3. (iii) if you are a Provider, your provision of Provider Products;

    4. (iv) the User Content;

    5. (v) any interactions between Users;

    6. (vi) the conduct of other Users;

    7. (vii) any User breaching or failing to comply with any applicable laws;

    8. (viii) any Provider providing Provider Products which are not fit for purpose or consumption, that could or does result in loss, injury or death;

    9. (ix) any User breaching or failing to comply with any applicable terms and conditions; and

    10. (x) unauthorised creation, access or use of your personal information, User Account or your User Content, even if we have been advised of the possibility of such loss.

  2. (b) To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.

  3. (c) Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 10(f)(c) applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:

    1. (i) the re-supply of the services or products; or

    2. (ii) the payment of the direct cost of having the services or products resupplied.

 

12. Privacy
  1. We will collect, use and disclose any personal information you provide us when accessing or using the Website in accordance with our Privacy Policy. For more information on our information collection and handling practices, please view our Privacy Policy.

 

13. Indemnity
      1. (a) You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Website, User Content, your breach of the Terms or any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.

      2. (b) We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

 

14. Termination
  1. (a) Both we and our Users have a right to terminate this Agreement at any time.
  2. (b) Users may terminate this Agreement by providing written notice to us by email or by using the close account facility in settings. Termination will be effective upon our receipt of the written notice, following which, we will disable the User’s profile as soon as practicable.
  3. (c) We reserve the right to:
  4. (i) cease operating the Website, without notice and for any reason; and/or
    1. (ii) terminate our relationship with you without notice and with immediate effect if you, in any way, breach the Terms.
  5. (d) If one of the events described in clause 14(c) occurs, then:
  6. (i) you will not have any access to the Website, your Account or User Content; and 
    1. (ii) we will not be liable for any costs, losses or damages arising as a result of terminating your access to the Website.
  7.  
15. Dispute Resolution

 

15.1 Disputes between Customers and Providers
  1. (a) We reserve the right, but have no obligation, to monitor disputes between Customers and Providers.
  2. (b) Where a dispute has arisen between a Customer and a Provider in relation to the application of a cancellation or refund, the Customer and Provider should first attempt to resolve the issue between them. We may intervene and assist in resolving any such dispute upon being notified by the relevant Customer or Provider.
  3. (c) Upon receiving notification of a dispute from the relevant Customer or Provider, we will liaise with each of the parties and attempt to facilitate a resolution. Each party to the dispute must cooperate and take all reasonable steps necessary to resolve the dispute.
  4. (d) We will ensure that all Providers reasonably uphold their cancellation and refund policies and we will take all reasonable steps to facilitate the resolution of any disputes that may arise between Customers and Providers.
  5. (e) In circumstances where we reasonably believe that a dispute has not been or will not be resolved by the Customer and Provider despite any intervention or facilitation by us, we may make a ruling on the dispute.  That dispute will be binding on the Customer and Provider, and by agreeing to these terms each Customer and Provider agrees that it will accept any ruling by us as final resolution of the dispute. Any failure to comply with a ruling made by us under this clause 15 will constitute a breach of these terms and is cause for termination of the Agreement.
  6. (f) For the long-term benefit of the Customer and to retain the Customer for future business, Yo Life strongly suggests working with the Customer to achieve a positive outcome wherever it is reasonable.

 

15.2 Disputes between Users and Us
  1. (a) If a dispute arises out of or relates to these Terms as between us and a User, either party may not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause 15.2. A party claiming that a Dispute has arisen must notify the other party to the Dispute giving details of the Dispute.
  2. (b) During the 15-business day period after notice is given (or any longer period agreed in writing by the parties to the Dispute) (Initial Period) each party to the Dispute (Disputant) must cooperate and take all reasonable steps necessary to resolve the Dispute.
  3. (c) Mediation
    1. (i) If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute must be referred for mediation to a mediator agreed on by the Disputant.
    2. (ii) If the Disputants are unable to agree on a mediator within 7 days after the end of the Initial Period, then the parties must submit the dispute for mediation through the Law Society of Victoria and have the President of that Law Society appoint a Mediator and set the matter for mediation.
    3. (iii) The role of the mediator is to assist in negotiating a resolution of the Dispute.  A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
    4. (iv) Each Disputant must pay its own costs of complying with this clause 15.2(c). The Disputants must pay equally the costs of any mediator engaged.
    5. (v) The mediation will be held in Victoria, Australia.
  4. (d) After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to a Dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within 30 business days after commencement of dispute resolution.
  5. (e) All communications concerning negotiations made by the Disputants in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.

 

16. No Waiver
  1. No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

 

17. Severability
  1. If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.

 

18. Law and Jurisdiction
  1. These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal from them for determining any dispute concerning these Terms.

 

19. Feedback and Contact
  1. Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Website and our Service (Feedback). You may submit Feedback by contacting us at hello@yolife,com.au

 

 

© 2019 Yo Life. ALL RIGHTS RESERVED.

Shopping cart