(a) Thank you for using Yo Life. We provide a service that provides an online marketplace for health and wellness products and services. (Service).
(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.
(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.
(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).
(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.
(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.
(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.
(c) By accessing the Website and using our Service as a User, you represent and warrant that:
(i) you have the right, authority and capacity to agree to and abide by the Terms;
(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;
(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;
(iv) we do not guarantee the existence, availability, suitability, legality or safety of any Provider Product;
(v) you are responsible for maintaining the confidentiality of your Registration Information at all times;
(vi) your access to and use of the Website is non-transferable;
(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;
(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
(x) you will use the Website in a manner consistent with any and all applicable laws, regulations and all other Yo Life policies.
(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.
(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.
By accessing the Website, you will:
(a) use the Website for lawful purposes only;
(b) not commit any act or engage in any practice that:
(i) is harmful to our systems, brand, reputation or goodwill; or
(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;
(c) not create Accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
(d) not restrict, or attempt to restrict, another user from using the Website;
(e) not encourage or facilitate violations of the Terms;
(f) not distribute or send communications that contain spam, chain letters, or pyramid schemes;
(g) not harvest or otherwise collect information about others, including Registration Information, without their consent;
(h) not bypass measures used to prevent or restrict access to our Service;
(i) not interfere with the privacy of, harass, intimidate, act violently or inappropriate towards or be discriminatory against another User; and
(j) not infringe any intellectual property rights or any other contractual or proprietary rights of another User or third party.
(a) You are solely responsible for User Content:
(i) you post, publish or otherwise transmit through the Website; and
(ii) you obtain through accessing or using the Website.
(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.
(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.
(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.
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.
(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.
(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.
(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.
(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.
(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.
(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).
(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.
(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.
(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.
(a) Fees payable by Users under this Agreement must be paid for using payment processing services provided by:
Please review these terms and conditions before using your Payment Method.
(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.
(c) We reserve the right to delay or cancel any payment for purposes of preventing unlawful activity, fraud, risk assessment, security or investigation.
(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.
(e) The User is responsible for:
(i) ensuring that their nominated Payment Method has sufficient funds to pay the Subscription Fee;
(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
(iii) if any payment fails, any reasonable administration fees.
(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.
(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.
(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.
(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.
(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.
(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.
(g) We handle and process refunds of our own fees in accordance with the Australian Consumer Law:
(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;
(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
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
To the fullest extent permitted by law, you agree and acknowledge that:
(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;
(b) we do not control, endorse and are not responsible for any User Content;
(c) we retain complete control over the Website and may alter, amend or cease the operation of the Website in our sole discretion;
(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;
(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
(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.
(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:
(i) your use or inability to use the Website or Services;
(ii) if you are a User, your use of Provider Services;
(iii) if you are a Provider, your provision of Provider Products;
(iv) the User Content;
(v) any interactions between Users;
(vi) the conduct of other Users;
(vii) any User breaching or failing to comply with any applicable laws;
(viii) any Provider providing Provider Products which are not fit for purpose or consumption, that could or does result in loss, injury or death;
(ix) any User breaching or failing to comply with any applicable terms and conditions; and
(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.
(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.
(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:
(i) the re-supply of the services or products; or
(ii) the payment of the direct cost of having the services or products resupplied.
(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.
(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.
© 2019 Yo Life. ALL RIGHTS RESERVED.