Last updated: October 14, 2023
Please read these terms and conditions carefully before using Our Service.
1. Introduction
This document sets forth the Terms and Conditions (the “Terms”) for the use of the Vayabo App and the Website (collectively, the “Service”), operated by EVORA VENTURES LTD (the “Company”), located at Chase Road, A Block, Unit 361, 2nd Floor, London, United Kingdom, N14 6HF, and registered with the Companies House under the registration number 15038540. These Terms apply to all Users of the Services and govern the relationship between Company and its Users.
2. Acknowledgment
These are the Terms and Conditions governing the use of Services that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all Users regarding the use of the Services.
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, Users and others who access or use the Services.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you should refrain from using the Services.
3. Definitions
For the purposes of this Terms and Conditions:
Account means a unique account created for you to access Vayabo App, Vayabo.com and Services.
Applicable Law refers to the legal requirements relating to the operation of the Service and the Company, including but not limited to local, state, national, and international laws, regulations, rules, and ordinances that govern these Terms and Conditions, the use of the Service, and all related activities.
Application refers to Vayabo App, the software program provided by the Company.
Business refers to the Company as the legal entity that collect your personal information and determines the purposes and means of the processing, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing.
Company refers to EVORA VENTURES LTD, located at Chase Road, A Block, Unit 361, 2nd Floor, London, United Kingdom, N14 6HF, and registered with the Companies House under the registration number 15038540.
Cookies refers to the small files that are placed on your computer or device when you visit Our Application or Website. Those are used to make our Application and Website work or to work more efficiently, as well as to provide reporting information and to help personalize your experience and remembering your preferences. On the other hand, with your explicit consent to the processing of cookies for marketing purposes, We may use cookies for analytical or marketing purposes.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by you, regardless of the form of that content.
Country refers to United Kingdom.
Data Subject, for the purposes of the Law, refers to an individual whose Personal Data is being collected, processed, or stored by a Data Controller or Data Processor.
Data Protection Laws refers to 2018 UK Data Protection Act, UK GDPR, EU General Data Protection Regulation and any other applicable data protection legislation.
Personal Data is any information that relates to an identified or identifiable individual.
Services refers to the services provided by Vayabo through the Vayabo App or Vayabo.com or both.
Service Provider refers to third-party companies or individuals employed by the Company, to provide the services to the Company.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Services.
Third-party API Services refers to any website or any social network website which a User can access through Vayabo App or Vayabo.com for various purposes, including but not limited to booking accommodations, flights, tours, or accessing additional functionalities not directly provided by Vayabo App or Vayabo.com. These third-party services are operated independently and are not under Our control. When you choose to utilize these services through Vayabo App or Vayabo.com, you may be directed to the respective third-party platforms.
Website refers to Vayabo.com, accessible from www.vayabo.com
You or User refers the individual accessing or using the Vayabo App or Vayabo.com.
4. Privacy and Cookie Policy
Your access to and use of the Services is also conditioned on your acceptance of and compliance with the Privacy and Cookie Policy of the Company. Our Privacy and Cookie Policy describes Our policies and procedures on the collection, use and disclosure of your personal information when you use the Vayabo App or the Website and tells you about your privacy rights as a Data Subject and your rights under the Data Protection Laws
Please read Vayabo Privacy and Cookie Policy carefully before using Our Services.
5. User Eligibility and Registration
The Services are intended for Users who are at least 16 years of age. People under the age of 16 may only use the Services with the consent of a parent or guardian.
Users must register for an Account to access certain features of the Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on Our Services.
6. User Responsibilities on Account Security
You are responsible for safeguarding and maintaining the confidentiality of your Account password and for all activities that occur under your Account. You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your Account. The Company will not be liable for any loss or damage arising from your failure to comply with this obligation.
7. Content and Conduct Guidelines
Our Service allows you to post Content. You are responsible for the Content that you post on Vayabo App or Website, including its legality, reliability, and appropriateness.
You represent and warrant that: (i) the Content is yours or you have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You are prohibited from posting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any Applicable Law.
The Content or activities listed below will be considered as unlawful activity, inter alia,
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Services
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if you post such Content violates the Terms herein. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Services at your own risk.
The Company is not responsible for the Content of the Service’s Users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your Account, whether done so by you or any third person using your Account. You understand and agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of the Services.
8. Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent from the Services.
9. Intellectual Property Rights
The Service and its original content (excluding Content provided by you or other Users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Services are protected by copyright, trademark, and other Applicable Laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
All intellectual property rights in the Service and its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
In terms of the Content provided by you or other Users, by posting Content on Vayabo App or Website, you grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. We do not claim ownership of your Content. You retain any and all of your rights to any Content you submit, post or display on or through the Vayabo App or Website. However, we need certain legal permissions from you (known as a “licence”) to provide the Service. You agree that this license includes the right for Us to make your Content available to other Users of the Services, who may also use your Content subject to these Terms.
10. Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on Vayabo App or Website, infringes a copyright or other intellectual property infringement of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Vayabo App or Website, you must submit a notice in writing via email at info@vayabo.com, including a detailed description of the copyrighted work that you claim has been infringed and the URL (i.e., web page address) of the location where the copyrighted work exists. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
11. Third-Party Links and Services
The Service may contain links to third-party websites or resources that are not owned or controlled by the Company. The Company provides a platform for third-party vendors to list accommodations, restaurants, events, tours, and other travel-related services. The Company does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any of these listings. Vendors are solely responsible for their listings and services.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.
Your use of third-party services accessed through the Vayabo App or Website is at your own risk and subject to the terms and conditions of use for such services.
You acknowledge and agree that the Company is not responsible or liable for the availability or accuracy of such websites or resources and the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
12. Disclaimers and Limitations of Liability
The Service and its content are provided on an “as is” and “as available” basis, with all faults and defects without warranty of any kind. To the maximum extent permitted under Applicable Law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
To the fullest extent permitted by Applicable Law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, any websites linked to it, any content on the Services or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if the Company or any supplier has been advised of the possibility of such damages and foreseeable.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under Applicable Law.
13. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, any use of the Content or Services other than as expressly authorized in these Terms or your use of any information obtained from the Services.
14. Amendments to Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is considered material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the Services available on Vayabo App or Website.
15. Termination of Use
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Services will cease immediately.
If you wish to terminate Your Account, you may simply delete your Account and discontinue using the Service. Upon receiving your request to terminate your Account, We will initiate the account deletion procedure within 30 days. The process of erasing your Content may require up to 90 days from the start of the deletion process. During this period, your Content will be inaccessible to other Users, but it will still be governed by these Terms of Use and our Privacy and Cookie Policy.
16. Governing Law, Disputes Resolution and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting the Company.
All disputes and claims arising from or in connection with this Agreement shall be governed by and construed under the laws of the United Kingdom and shall be settled by London Courts.
17. Other Provisions
The Company may assign its rights under these Terms without condition. You may not assign your rights under these Terms without Our prior written consent.
If any provision of these Terms is held to be unenforceable or invalid, for any reason, whether in whole or in part; such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under Applicable Law and the remaining provisions will continue in full force and effect.
Except as provided herein, Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
These Terms constitute the entire agreement between you and the Company regarding the Services and supersede and replace any prior agreements.
If you have any questions about these Terms, please contact Us at info@vayabo.com.
