TERMS & CONDITIONS
Last Updated: Octber 25, 2021
CONTENTS
1.GENERAL
1.1 Scope. Welcome to Yohogood.com. This Terms & Conditions
(“Agreement” or “Terms”) is Limited (collectively,
“Yohogood,” “we”, “us” or “our”), governing your use of our website at Yohogood.com (the “Site”), any mobile applications (“Apps”) that hyperlink to
this Agreement, or any other websites, pages, features, or content owned and operated by us that hyperlink to this
Agreement (collectively, including the Site and Apps, the “Services”).
By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site,
downloading the mobile applications, registering an account, or contributing content or other materials to the Site
or on or via the Apps, you expressly understand, acknowledge and agree to be bound by the Terms of Use. You are only
authorized to use the Services if you agree to abide by all applicable laws and to these Terms.
In addition, you may read our Privacy & Cookie Policy at any time for more information about how Yohogood
collects, stores, and protects your information when you use the Services.
Our Privacy & Cookie Policy is hereby incorporated by reference into these Terms & Conditions as though fully set forth herein.
1.2 Updates to the Terms. We reserve the right to modify the Terms of Use, including the Privacy
& Cookie Policy, at any time, in our sole discretion. If we modify material terms to this Agreement, such
modification will be effective after we send you notice of the amended agreement. Such notice will be in our sole
discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or
Apps, or other manner.
Your failure to cease use of the Services after receiving notification of the modification will constitute your
acceptance of the modified terms.
1.3 Acceptance of Terms. To shop with us, you need to be at least 16 years old. Any accessing,
browsing, or otherwise using the Services indicates your agreement to all the terms and conditions in this
Agreement. If you disagree with any part of the Terms then you should immediately discontinue access or use of the
Services. Please read this Agreement carefully before proceeding.
If you have any questions regarding these Terms & Conditions or our Privacy & Cookie Policy, you may contact
us anytime at support@yoho.team
2.USE OF OUR SERVICES
2.1 Representations. When you use our Services, you agree to the processing of the information and
details and you state that all information and details provided are true and correspond to reality. You represent
and warrant that you are at least 16 years old or visiting the Services under the supervision of a parent or
guardian. Subject to the terms and conditions of this Agreement, Yohogood hereby grants you a limited, revocable,
non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser,
for our Site, or on your mobile devices, for our Apps, only for the purpose of shopping for personal items sold on
the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted
by Yohogood in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted
in this paragraph without notice to you.
2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce,
distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer,
disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by
Yohogood in writing. You may not make any commercial use of any of the information provided on the Services or make
any use of the Services for the benefit of another business unless explicitly permitted by Yohogood in advance.
Yohogood reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion,
including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our
interests.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other
material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other
proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or
could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic
bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or
technologically harmful. Yohogood may assign you a password and account identification to enable you to access and
use certain portions of the Services.
Additionally, you agree not to:
- Use the Services for any unlawful purposes, or that could violate any applicable federal, state, local, or
international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as
determined by us, may harm us or other persons using the Services or expose them to liability;
- Use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other
party’s use of the Services;
- Use any robot, spider or other automated device, process, or means to access the Service for any purpose;
- Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the
Services for commercial purposes;
- Otherwise attempt to interfere with the proper working of the Service.
2.3 Account Creation and Termination. In order to access some features available on the Services,
you will have to create an account. You may not use another person’s account. Each time you use a password or
identification, you will be deemed to be authorized to access and use the Site or Apps in a manner consistent with
the terms and conditions of this Agreement, and Yohogood has no obligation to investigate the authorization or
source of any such access or use of the Services.
You will be solely responsible for all access to and use of the Services by anyone using the password and
identification originally assigned to you whether or not such access to and use of this site is actually authorized
by you, including without limitation, all communications and transmissions and all obligations (including, without
limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting
the security and confidentiality of the password and identification assigned to you. You shall immediately notify
Yohogood of any unauthorized use of your password or identification or any other breach or threatened breach of the
Site or App's security.
From time to time, we may restrict access to some or all parts of the Services, including the ability to upload
documents, make payments, or send messages
From time to time, we may restrict access to some or all parts of the Services, including the ability to upload
documents, make payments, or send messages
We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if we
believe you have breached these Terms. You may terminate your account at any time, for any reason, by following any
such instructions within the Site or App, or by contacting us as described in the “Contact Us” section below.
2.4 Customs. In accordance with Customs regulations customers must provide valid and accurate data.
All consignee names, address and payers name should be valid. Certain countries request that the consignee submit
their ID or passport to clear the package or for payment verification purposes. It is the customer’s sole
responsibility for the accuracy of data that they provide to us. Should any information be incorrect and prevent any
shipment or deliveries or customs clearance, we will not be held responsible and will not offer any compensation in
such cases. As the importer, customers are responsible for complying with all laws and regulations in their own
countries. Please refer to our Privacy & Cookie Policy for more information.
3.PRIVACY & COOKIE POLICY
When you use our Services and place orders through them, you agree to provide us with your email address, postal
address and/or other contact details truthfully and exactly. You also agree that we may use this information to
contact you in the context of your order if necessary
We respect your right to privacy. To see how we collect and use your personal information, including how to
unsubscribe from non-transactional communications from us, please see our Privacy & Cookie Policy .
4.ERRORS
In case you detect that an error occurred when entering your personal data during your registration as a user of our
Services, you can modify them in the section "My Account". In any case, you will be able to correct errors related
to the personal data provided during the purchase process by contacting us, as well as exercising the right of
rectification contemplated in our Privacy & Cookie Policy through our Site and Apps. The Services display
confirmation boxes in various sections of the purchase process that do not allow the order to continue if the
information in these sections has not been correctly provided. Also, the Services offer details of all the items you
have added to your shopping cart during the purchase process, so that before making the payment, you can modify the
details of your order.
If you detect an error in your order after the completion of the payment process, you should immediately contact our
customer service or email address above to correct the error.
While Yohogood strives to provide accurate product and pricing information, pricing or typographical errors may
occur. Yohogood cannot confirm the price of an item until after you order. In the event that an item is listed at an
incorrect price or with incorrect information due to an error in pricing or product information, Yohogood shall have
the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is
mis-priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of
such cancellation.
5.TRADE RULES
5.1 Price and Payment. All prices are exclusive of Sales & Use Tax and other taxes (where
applicable) which will be charged to you separately at the applicable rate. All prices are correct at the time of
entering the information on to the system. If for some reason we are unable to ship your goods, the value of the
items that are not shipped will be refunded to your wallet in your Yohogood Account or to the original method of
payment.
All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered and
the delivery charge plus Sales & Use Tax and other applicable taxes.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we
have sent an Order Confirmation.
Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to
process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating
or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment,
you can modify the details of your order. You are provided with a detailed description of the purchase process in
the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in "My
Account" area. You may use, as payment method, the following cards: Visa, Mastercard, American Express, Union Pay,
Paypal and online banking etc.
To minimize the risk of non-authorised access, your credit card details will be encrypted. Once we receive your
order, we request a pre-authorisation on your card to ensure that there are sufficient funds to complete the
transaction. The charge on your card will be made at the time your order leaves our warehouse.
When you click "Authorise Payment", you are confirming that the credit card is yours. Credit cards are subject to
verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall
not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.
5.2 Colors. We have made every effort to display, as accurately as possible, the colors of our
products that appear on the Services. However, as the actual colors you see will depend on your monitor, we cannot
guarantee that your monitor's display of any color will be accurate.
5.3 Packing. Unless otherwise provided, we will comply only with its minimum packing standards for
the method of transportation selected. The cost of all special packing, loading or bracing requested by you will be
paid for by you.
5.4 Shipping & Delivery. Yohogood ships from different warehouses in different countries. For
orders with more than one item, we may split your order into several packages according to stock levels at our own
discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries
may take longer. If you have not received your delivery within 180 business days, please contact our Customer
Services Platform .
5.5 Title and risk of loss. Delivery to carrier shall constitute delivery to Buyer, and thereafter
risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should
be made directly to the carrier. Any claims by Buyer against Yohogood for shortage or damage occurring prior to such
delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by original
transportation bill signed by carrier noting that carrier received the goods from Yohogood in the condition claimed.
Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder
shall remain with Yohogood until all payments hereunder, including deterred payments evidenced by notes or
otherwise, Interest, carrying charges, shall have been made in cash, and Buyer agrees to do all acts necessary to
perfect and maintain such right and title in Yohogood .
5.6 Return of product. Goods can be returned in designated period. The exact return period and
return policy differs from country to country. Please contact our customer service for the detailed information.
Customers returning goods are responsible for freight charges.
Wrong size items and quality problem items can be exchanged. For defective products, if a defect or damage is
confirmed on the returned products, we will give you a complete refund including the charges you have accrued of
delivery and return. The refund will be paid either to your wallet of Yohogood account or to the original method of
payment.
The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear, jewelry, and
accessories (except scarves, bags, and mermaid blankets).
5.7 Reviews, Comments and Submissions. Except as otherwise provided elsewhere in this Agreement or
on the Services, anything that you submit or post to the Services and/or provide to Yohogood.com, including, without limitation, picture, video, ideas, know-how,
techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as
non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and
all IP rights related thereto (excluding the moral rights such as authorship right) to Yohogood without charge and
Yohogood shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy,
distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions
by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such
Submissions. All Submissions shall automatically become the sole and exclusive property of Yohogood and shall not be
returned to you and you agree not to raise any dispute in connection with any use of the entry by Yohogood in the
future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or
third party claims. Yohogood assumes no liability for any misuse of copyright or any other rights of third parties
by you. You undertake to defense for and indemnify Yohogood against any losses caused due to the use of the entries
for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site or Apps, you
also grant Yohogood the right to use the name that you submit with any review, comment, or other content, if any, in
connection with such review, comment, or other content. You represent and warrant that you own or otherwise control
all of the rights to the reviews, comments, and other content that you post on this site and that use of your
reviews, comments, or other content by Yohogood will not infringe upon or violate the rights of any third party. You
shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Yohogood or
third parties as to the origin of any Submissions or content. Yohogood may but shall not be obligated to remove or
edit any Submissions (including comments or reviews) for any reason.
Please note that individuals under the age of 18 are prohibited from posting images to our Services of themselves or
others who are under the age of 18.
6.INTELLECTUAL PROPERTY AND OWNERSHIP
6.1 Content. The Site and Apps, including all of its information and content, such as the text,
software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, “Content”)
provided as part of the Services belong at all times to Yohogood or to those who grant us the license for their use.
You may use the Content only to the extent that we or the usage licensers authorize expressly.
6.2 Yohogood Marks. In addition, the “Yohogood” trademarks, service marks, icons,
graphics, wordmarks, designs and logos contained therein (“Marks”), are owned by Yohogood are trademarks in the European Union, UK and other countries for which
applications are pending or registrations have issued. You do not have, and will not acquire, any right, title, or
interest in or to any of the Marks. The Yohogood Marks, whether on any product offered for sale on the Site or the
Apps, or appearing as a logo or text on any portion of the Site, is not a representation that yohogood of any copyright or other intellectual property rights in the products offered for sale on the
Site or the Apps. Yohogood. sources some of its products from third party manufacturers and
wholesalers.
6.3 Rights Reserved. Content on the Services is provided to you as is for your information only and
may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any other purposes whatsoever without the prior written consent of Yohogood or the
respective owners or licensors. We reserve all rights not expressly granted in and to the Content. You acknowledge
and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services,
provided by you to us are non-confidential and shall become the sole property of Yohogood.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted
herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or
features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the
Content therein.
7.THIRD PARTY LINKS AND RESOURCES
Our Site and Apps may contain links to third-party sites that are not owned or controlled by us.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or
practices of any third-party sites or services. We make no warranties or representations about the accuracy,
completeness, or timeliness of any content posted on the Site or our Apps by anyone other than us. We strongly
advise you to read all third-party terms and conditions and privacy policies.
8.TEXT MESSAGING PROGRAM
8.1 Enrollment. If you enroll in our text messaging (SMS) program, you will be asked to consent
expressly -- evidenced by provision of your mobile telephone number, specified prompted key word(s), or SMS/MMS or
other text message affirmative response, as your signature to agree to receive recurring automated marketing
messages where such messages may be sent by us or our vendors to the mobile number you provided at opt-in. Such
consent is not a condition of making any purchase.
General Terms & Disputes. Without limitation our text messaging program is subject to these complete Terms of Service, which contain provisions that govern how claims you and
have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the Arbitration Section below.
8.2 Opting Out. You can opt out from receiving SMS/MMS text messages by responding STOP to any
message you receive in our text messaging program, or just texting STOP to the number from which you currently are
receiving our text messages. In either case, you will receive one additional message confirming that your request
has been processed.
8.3 Your Own Wireless Plan. As always, message and data rates may apply for any messages sent to and
by you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
8.4 Your Duties for Your Own Phone Number. You represent that you are the account holder or
customary user for the mobile telephone number that you provide when enrolling in our text messaging program. If you
change or deactivate that number, you are responsible for notifying us at data@yoho.team immediately. Neither we, our vendors, and/or any mobile carrier
is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and
damages related to or caused in whole or in part by your failure to notify us if you change your telephone number,
including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer
Protection Act.
8.5 Participation Subject to Termination or Change. We may suspend or terminate your receipt of
automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages
is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the
right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without
notice to you.
9.EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the
Terms or other contracts when caused by events that are beyond our reasonable control ("Force Majeure"). Force
Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable
control, including, among others, the following:
- Strike, lockout or other forms of protest.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or
preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the
period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil
these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide
all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our
obligations by virtue of the Terms or other contracts despite the situation of Force Majeure.
10.LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS
10.1 Yohogood Liability. Unless otherwise indicated expressly in these Conditions,
our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of
said product. Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
- in case of death or personal harm caused by our negligence;
- in case of fraud or fraudulent deceit; or
- in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
10.2 Waiver of Liability. Notwithstanding the paragraph above, and to the extent legally allowed,
and unless these Terms indicate otherwise, we shall not accept any liability for the following losses, regardless of
their origin:
- loss of income or sales;
- operating loss;
- loss of profits or contracts;
- loss of forecast savings;
- loss of data; and
- loss of business or management time.
10.3 Warranties. Due to the open nature of the Services and the possibility of errors in storage and
transmission of digital information, we do not warrant the accuracy and security of the information transmitted or
obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions,
information and materials shown on the Services are provided "as is", with no express or implied warranties or
conditions of the same, except those legally established. In this sense, if you are contracting as a consumer or
user, we are obliged to deliver goods that are in conformity with the mutually intended transaction, in accordance
with commercial reasonable expectations, being liable to you for any lack of conformity which exists at the time of
delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i)
comply with the description given by us and possess the qualities that we have presented in this website; (ii) are
fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which
are normal in goods of the same type and which can reasonably be expected To the extent permitted by law, we exclude
all warranties and conditions (whether express or implied), except those that may not be excluded legitimately.
11.LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Yohogood
TO YOU.
- **(1)**BY USING THE SERVICES PROVIDED BY Yohogood , YOU HEREBY ACKNOWLEDGE THAT WE ARE PROVIDING THE SERVICES,
INCLUDING THE SITE AND MOBILE APPS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Yohogood EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR
TRADE USAGE.
- **(2)**WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES,
INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE
SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE
SERVICES.
- **(3)**YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, Yohogood WILL NOT BE LIABLE TO YOU UNDER ANY
THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
Yohogood ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES,
LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF
OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
- **(4)**YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF
DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
12.LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES
Please Read the Following Clauses Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
12.1 Initial Dispute Resolution. We are available by email at legal@yoho.team to address any concerns you may have regarding your use of the
Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to
settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which
shall be a precondition to either party initiating a lawsuit or arbitration.
12.2 Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of
thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding
paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms
& Conditions (including their formation, performance and breach), your and our relationship and/or your use of
the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS
Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class
actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You
and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and
Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to
resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of
the Terms of Use, including, but not limited to, any claim that all or any part of the Terms & Conditions is
void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law
or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and
conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction.
The interpretation and enforcement of the Terms & Conditions shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you
initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars
($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you
should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will
make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other
arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel,
travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be
required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to
reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file
suit in a court of law.
You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have
a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in
court.
12.3 Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration
shall be conducted in our respective individual capacities only and not as a class action, and you and we each
expressly waive our respective right to file a class action or seek relief on a class basis. If any court or
arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any
reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be
deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes.
12.4 Exception - Small Claims Court Claims. Notwithstanding your and our agreement to resolve all
disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within
the scope of that court's jurisdiction.
13.LEGAL TERMS
13.1 Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations
under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the
foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and
is binding upon the parties and their respective legal representatives, successors, and assigns.
13.2 Entire Agreement; No Waiver. These Terms, together with our Privacy & Cookie Policy, and
any other legal notices published on the Site or Apps, shall constitute the entire agreement between you and us
concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the
Services. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the
validity of the remaining provisions of the Terms, which shall remain in full force and effect.
No waiver of any term of the Terms & Conditions shall be deemed a further or continuing waiver of such term or
any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such
right or provision.s
13.3 Indemnification. You agree to release, indemnify, and defend Yohogood and any subsidiaries,
affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and
representatives of each from all third-party claims and costs (including reasonable attorneys' fees) arising out of
or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3)
your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense)
with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not
settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the
exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further
obligation to defend us in that matter.
13.4 Interpretation. In construing or interpreting the Terms & Conditions, headings are for
convenience only, and not to be considered.
13.5 Applicable Legislation. The use of our website and the product purchase contracts through said
website shall be governed by the law of UK.
14.CONTACT US
We welcome your questions and comments about our privacy practices or these terms. You may contact us anytime through
Customer Service Platform .