Terms and Conditions of YOSO Service

Terms and Conditions of YOSO Service

 §1 Definitions

  1. Service Provider – YOSO lifestyle OÜ Riia tn 181a, Tartu linn, Tartu maakond, 51014, Estonian register code 14129973 – a legal entity liable for the provision of Services.
  2. Application – a mobile application administered by the Service Provider and available for mobile devices with iOS.
  3. User – a person who has completed the User Account Registration.
  4. Registration – a procedure for creating the User Account. It gives the User the access to certain functionalities of the Service that is the use of Rolls in particular.
  5. Roll – a 12 or 24- or 36- exposure roll either black and white or colour which is available at User’s disposal.
  6. Order – an Order for printing photos from User’s Roll. By placing an Order, the User agrees to pay both for printing Photos and the Shipment.
  7. Shipment– a package of 12 or 24 or 36 Photos taken by the User after s/he had chosen a preferred Roll, which is sent to the address given in the Order placement.
  8. User Account – a registration in the Application database, by means of which the User gains the access to certain Services when s/he enters a login and a password.
  9. Service/YOSO – a service that the Service Provider provides to the Users by electronic means, without the physical presence of the parties.
  10. Agreement – a Service Agreement.
  11. Photo – a photography taken by the registered User after s/he had chosen a preferred Roll.
  12. Terms and Conditions of the Service – the present Terms and Conditions of YOSO Service.

 

  • §2 User Account Registration and the conclusion of the Agreement
  1. The User of the Application must either be a person of full age with the capacity to perform legal acts or be a person who has attained thirteen years of age and has not been completely incapacitated.
  2. The Registration is free of charge. User Account Registration may be submitted by filling in an electronic form available in the Application.
  1. In order to submit the Registration, the User must enter the following data: name and surname, date of birth, e-mail address, login, password and accept the Terms and Conditions of the Service. By entering the aforementioned data, the User confirms that it is true, complete, and reliable.
  2. Within 14 days of the Registration, the User shall receive an e-mail message, sent to the address given in the registration form, with the confirmation of the Registration of a new User Account and an attached confirmation link to be accepted by the User. The User must accept the confirmation link at latest before s/he places an Order.
  3. Once the User confirms the Registration, s/he enters into the Agreement with the Service Provider. The Agreement is concluded for an unspecified period of time.
  4. The User has the right to withdraw from the Agreement without giving any cause within 14 days of the execution of the Agreement. The withdrawal from the Agreement shall be effective if the User makes a declaration of withdrawal from the Agreement. The declaration of withdrawal from the Agreement shall be sent in writing (by post) to the address given in §1 item 1 of the Terms and Conditions of the Service. The declaration of withdrawal form the Agreement must be postmarked before the 14-day period expires. The User loses the right to withdraw from the Agreement if with User’s consent the Service Provider has provided the Service before the expiry of the withdrawal period.
  5. The Agreement may be terminated by the deletion of the User Account. The Service Provider makes the functionality to delete the User Account available to the User.
  6. The Service Provider reserves the right to introduce some charges for the access to certain functionalities of the Application.

 

 

  • §3 Order
  1. To place the Order, the User shall indicate a shipping address and choose a method of payment. By placing the Order, the User agrees to pay the costs of both the Order and the Shipment.
  2. By placing the Order, the User agrees that s/he will not be able to withdraw from the Agreement. Every shipped package is made to a customer order.

 

 

  • §4 Rights and obligations of the Service Provider
  1. The Service Provider provides the Service with all due diligence within the scope and in accordance with the Terms and Conditions of the Service.
  2. The Service Provider may terminate the Agreement with an immediate effect if:
  1. the User insults other Users; violates personal rights of the Service Provider, other Users or third parties; adds photos the content of which is vulgar or in breach of good practices; violates the Terms and Conditions of the Service or the applicable law;
  2. the Service Provider has decided to discontinue the Service – in this case the Service Provider shall inform the User using the procedure adequate for changes to the Terms and Conditions of the Service.

In the aforementioned cases, the Service Provider shall block the User Account and either send an e-mail message to the address given in the Registration informing the User about the reasons for the termination of the Agreement or display the information about the termination of the Agreement in the Application.

  1. The Service Provider guarantees that YOSO will be available for no less than 600 hours per month. Temporary denial of access to the Application may occur due to technical and maintenance works. In the event of temporary denial of access to the Application caused by some failures, the Service Provider shall make effort to solve the problem as soon as possible.
  2. The Service Provider makes the following services available to the User:
    1. creation of the User Account;
    2. edition of the User Account;
    3. taking and adding Photos;
    4. placing an order for printing Photos (Order) to be sent to the address given in the Registration.
  1. The Service Provider reserves the right to introduce new Services (functionalities of the Application) and to discontinue the provision of selected Services.
  2. The Service Provider reserves the right to modify features of some functionalities and to increase the requirements for the use of selected functionalities.
  3. The Service Provider reserves the right to introduce some charges for the access to certain functionalities of the Application.
  4. The Service Provider may display advertisements in the Application.

 

 

  • §5 Rights and obligations of the User
  1. One User is allowed to have only one User Account. The User must not disclose the password to his/her User Account to anyone.
  2. The User is not allowed to upload any materials, including Photos, the content of which is vulgar, pornographic, violates good practices, the Terms and Conditions of the Service or the applicable law. The User is not allowed to upload any erotic Photos of minor persons who have not attained 18 years of age or of adult persons who have not given their consent for the publication.
  3. When the User uploads some contents/takes a Photo, s/he grants the Service Provider a non-exclusive, irrevocable, unlimited in time and territory licence to use contents/a Photo in the following fields of exploitation: analogue and digital copying, computer data storage, computer or multimedia network publication, marketing, lease, making them available to the public in place and time chosen by the Service Provider, displaying, transmission, reemission, reproduction, storing the contents in databases, using the contents to promote the Service Provider. The deletion of the User Account does not affect the effectiveness of the aforementioned licence.
  4. When the User takes the Photo s/he gives the Service Provider consent for an unlimited in time, territory and purpose use of the image of a person in the Photo.
  5. By submitting the Registration, the User does not acquire any rights to the Application, which particularly applies to the rights to the source code, graphics, functionalities and the contents uploaded by other Users.

 

  • §6 Provisions on liability
  1. The Service Provider is not liable for any data provided by the User, especially as far as their completeness, reliability, genuineness, and accuracy is concerned.
  2. With the exception of the adequate provisions of the Act on Providing Services by Electronic Means, the Service Provider is not liable for the contents uploaded by the Users and the Photos they take.
  3. The User may be liable for uploading the contents that violate personal rights of other Users and third parties or infringe their rights in any other way. The Service Provider does not monitor or verify the contents, including the Photos uploaded to the Application. Nevertheless, if the Service Provider discovers any uploaded contents or Photos that violate the provisions of §4 item 2, he has the right to inform the competent public authorities about the violation.
  4. In the event of receiving a legal notice or a reliable information about an illegal character of the stored data, including the Photos, which the User has provided, and an immediate denial of the access to these data, the Service Provider shall not be liable for the damages caused by the denial of access to these data.
  5. The Service Provider is liable for a failure to provide or an improper provision of Services to the extent specified by the Terms and Conditions of the Service as well as the applicable law.
  6. The failure to provide or improper provision of Services does not cause:
  1. any damages to the electronic device that belongs the User,
  2. limited or disrupted access to the Internet,
  3. other disruptions in the use of the Service which result from the User’s actions in violation of the provisions of the Agreement or the Terms and Conditions of the Service or arisen from User’s omission.

 

 

  • 7 Payment and delivery of Photos
  1. The User is obliged to make the payment within 3 days of placing the Order for a Roll.
  2. The Service Provider accepts the following methods of payment: by a credit card (a debit card), via PayPal service.
  3. The prices for the Rolls are specified in the Application, but they will be finally confirmed in the Order.
  4. The price for a Roll includes all fees and taxes. The total cost includes the price for the Roll and the shipping costs specified in the Order.
  5. The Service Provider is obliged to send Photos within 7 days of the date when the User made the payment.
  6. The time of delivery depends on the choice of a shipping method.

 

 

  • §8 Personal data
  1. As a personal data controller, the Service Provider is responsible for data security, especially for protecting and securing the data against the unauthorised access. The personal database administered by the Service Provider may be notified to registration by the Inspector General for the Protection of Personal Data if so required by law.
  2. Users are identified by the data given in the Registration or the IP number of the mobile device used to connect with the Application. The Service Provider offers the User possibility to verify, edit and delete his/her personal data.
  3. Using teleinformation systems the Service Provider may send commercial information as defined in the provisions of art. 2 item 2 of the Act on Providing Services by Electronic Means of 18 July 2002 – with the User’s consent.
  4. The User may withdraw his/her consent to receive commercial information at any time. The Service Provider recommends the User to withdraw his/her consent in writing.

 

  • §9 Technical requirements
  1. To use the Application the User needs to have the mobile device with iOS operating system and the access to the Internet. In addition, the Application needs to be saved to memory of a mobile device.
  2. The Service Provider informs that the failure to fulfil the technical requirements may result in wrong operation of the Application, for which the Service Provider is not responsible.
  3. The Service Provider guarantees that the Application will be available for no less than 360 hours per month. Temporary denial of access to the Application may occur due to technical and maintenance works. In the event of temporary denial of access to the Application caused by some failures, the Service Provider shall make effort to solve the problem as soon as possible.

 

  • §10 Complaints
  1. Every User has the right to make a complaint on the Service. The Service Provider shall consider the complaints.
  2. The complaints shall be made in writing and sent (by post) to the address of the registered office of the Service Provider or by e-mail to the following address: reklamacje@yosoapp.com. The complaints shall be made without undue delay.
  3. A statement of complaint shall include User’s contact data (e.g. correspondence address, telephone number or e-mail address) as well as an object and justifying circumstances of the complaint. The complaint shall also indicate a preferable manner and a form of contact with the person who has made the complaint.
  4. The Service Provider is obliged to consider a complaint within 21 working days and immediately inform about the outcome of a complaint procedure.
  5. Complaints with vulgar or insulting contents shall not be considered.

 

  • §11 Final provisions
  1. Polish law shall apply to all the issues not regulated by the Terms and Conditions of the Service. Particularly applicable shall be the provisions of the Civil Code, the Act on Copyright and Related Rights, the Act on Telecommunications Law, the Act on Personal Data Protection, the Act on Consumer Rights, and the Act on Providing Services by Electronic Means.
  2. Any disputes arisen in relation to the Service between the Users who are not consumers and the Service Provider shall be settled by a relevant court which has jurisdiction over the registered office of the Service Provider. If the disputes arise between the Service Provider and the User who is a consumer, the relevant court to settle the disputes shall be determined by the provisions of the Code of civil procedure.
  3. The updated version of the Terms and Conditions of the Service is available in the Application in the section “Terms and Conditions of the Service” as well as in the registered office of the Service Provider. The User shall have free access to the content of the Terms and Conditions of the Service before conducting the Agreement and on his/her every request. The Terms and Conditions of the Service shall be available to the User in such a form in which it may be downloaded, saved, and printed.
  4. The Service Provider reserves the right to modify the Terms and Conditions of the Service. The Service Provider shall inform Users about any planned changes in the Terms and Conditions of the Service by sending an e-mail message to the address given in the Registration or by displaying the relevant information in the Application within 14 days of the date when the modified version of the Terms and Conditions of the Service becomes effective.