These Terms of Use contain right and duties which you undertake by registering your user’s profile. Registration of your profile implies that you have read and understood them.

Scope of Application

1.1. These Terms of Use apply to all registered legal or natural person registered as buyer or supplier (according to the definition of the “buyer” and “supplier” provided hereinafter) at YVOO platform. These Terms of Use apply to all YVOO’s registered buyers and suppliers notwithstanding the intensity of their activities during the registration term.

1.2. In a cases where one user with registered account is active as both, Buyer and Supplier, both Terms of Use for Buyers and Terms of Use for the Suppliers are applied to the relationship between YVOO and such user, depending on the role which user takes in each specific situation.

1.3. These Terms of Use do not apply to unregistered visitors of YVOO, except Art 7 (Intellectual Property rights which is applicable to all visitors of YVOO’s web page)

Definitions

1.3. For the purposes of interpretation of these terms of use, the following definitions will have the following meaning:

“YVOO”                     means platform/search engine on web domain yvoo.io

“Terms of Use”                        means this legal act representing the obligatory contractual agreement between YVOO and Supplier. 

“Supplier”                                means user having the registered profile at YVOO as a supplier with the purpose of upleveling its visibility on the market and presenting itself to the potential buyers according to these Terms and Conditions

“Buyer”                                    means user having the registered profile at YVOO as a buyer with the purpose of searching potential providers/sellers of goods or/and services (Suppliers) with possibilities to check the features and quality of Suppliers’ goods and/or services via YVOO according to these Terms of Use and Terms of Use for the Buyers

“YVOO Service

Partner”                       means the person trained by YVOO and acting on behalf of YVOO who will make necessary checks at Supplier’s business activity in order to make a proper verification of Supplier’s goods and services which will be visible to interested Buyer

“Service”                                 means service provided by YVOO to Supplier according to the specifications defined here app.yvoo.io, representing the integral part of these Terms of Use, among which the Supplier freely chooses which of offered services will be contracted for and consumed

2.1. All Services and related Compensations offered by YVOO to the Suppliers are available here app.yvoo.io.

2.2. YVOO will inform the Supplier on possibility to extend the registration term at least 1 month before the expiry of pending registration term with the offer of extension. In case that the Supplier does not make payment for the extension of registration term, the Supplier’s profile at YVOO will be revoked upon the expiry of pending registration term.

3.1. YVOO will provide the Service only to the Supplier’s with validly registered account.

3.2. In order to register, the Supplier will issue a user name and password whereas the password will be known only to the Supplier. The registration is completed by a proof of the existence of the Supplier which is usually done by email confirmation.

3.3. Non-registered Suppliers will have limited approach to the YVOO’s content to the extent necessary to get the general impression on content and features of the Service.

3.4. Registered Supplier has a right to create the company profile which will be visible to all other registered users of YVOO. The company profile can contain hyperlink to Supplier’s web page and other details connected to the Supplier’s business.

3.5. Supplier undertakes the full liability for accuracy and lawfulness of all data published on Supplier’s profile at YVOO. YVOO has developed and implemented the Privacy Policy which the registered users need to read and accept before the registration and which are available here app.yvoo.io. Privacy Policy defines in more details the rights and obligations of the users' data contained in users' profile.

3.6. The Supplier has a right to deactivate the profile at any moment. In case the Supplier deactivates the profile before the expiry of the subscription, it does not give the right to the Supplier to any refund of any part of the Compensation.

4.1. YVOO is liable for:

-         permanently training and educating the employees and YVOO Service Partners for providing high-level Service in accordance to these Terms of Use and professional standards

-         providing the Service according to the specification of Service and within defined deadlines

-         equally treating all visitors and/or registered users (Buyers and Suppliers) within the same category

4.2. YVOO is liable only for those misconducts among those listed hereinabove if they are committed by intent or by gross negligence. YVOO will not be held liable for misconducts resulting from ordinary negligence.

4.3. YVOO is not liable for:

-         finding the matching Buyer for the Supplier

-         any inaccurate data published on Supplier’s and/or Buyer’s company profile

-         any potential obligation to make the profit via YVOO platform neither for the Buyer, nor for the Supplier and/or to make any potential business advantages and/or saving the potential costs as a consequence of using YVOO’s Service

-         legal representation of the Buyers and/or Suppliers in course of legal transaction and/or any other legal relation which might result between them as a consequence of the activities undertaken and/or Service consumed on YVOO platform

-         invalid and unlawful performance of obligations that might be result between the Buyer and/or Supplier as a consequence of the activities undertaken and/or Service consumed on YVOO platform, such as payment obligation and/or delivery of conforming services and/of goods

-         any kind of unethical and/or unprofessional behavior of the Buyer and/or Supplier connected with YVOO platform in any manner

-         Supplier’s and/or Buyer’s misrepresentation of the facts and/or circumstances that might lead to inaccurate verification results for which YVOO did not have a prior knowledge

-         Supplier’s and/or Buyer’s non-compliance with any kind of regulatory requirements

-         temporary unavailability of the Service due to technical maintenance, installation(s)/modification work on YVOO platform as well as continuous operation of technical equipment (e.g. for the Supplier's Internet access) or third-party applications (e.g. the availability of a third-party App Store)

4.4. The Supplier in any case undertake full liability for entering into any kind of contractual or other legal relation with other Suppliers and/or Buyers and/or performing any of the rights and/or obligations motivated by activities on YVOO platform. Under no circumstances does YVOO undertake any liability for the behavior and/or performance of rights and obligations in contractual relations and/or negotiations between the registered users.

4.5. Notwithstanding the fact that the Buyer and the Supplier will be exclusively held liable for their own activities connected anyhow with the YVOO, all other users are encouraged to report to YVOO any bad experience with any of the Buyers and/or Suppliers and/or suspicion on any irregular and/or unethical activity and on any activity that might be contrary to the commonly accepted standards of prudent businessmen. YVOO reserves the right to further examine such reports and to bring independent decision whether to suspend the account of the reported Buyer and/or Supplier, taking into account how reported occasions might affect the quality of the Service and/or reputation of YVOO.

5.1. YVOO has a right to unilaterally suspend the Supplier’s account with the immediate effect in following cases:

-         the Supplier fake, misrepresent or hide the fact that are relevant or might be relevant for the results of the verification procedures within the Service

-         the Supplier has provided the false information for registration or false information in course of verification procedures

-         the Supplier has repeatedly or seriously violated these Terms of Use

-         the Supplier breaches applicable laws using YVOO (eg. consumers’ rights, competition rules etc.)

-         the Supplier and/or it’s employees are convicted for crime/misdemeanor

-         the Supplier uses YVOO’s intellectual property rights contrary to these Terms of Use

-         the Supplier commit any other misconduct that affected or might affect the reputation of YVOO and/or credibility of the Service

5.2. YVOO has a right, but is not obliged, to suspend the Supplier’s account without sending the prior warning to the Supplier ordering the compliance with the terms and conditions of these Terms of Use. In case where the YVOO would decide to send the such prior warning, it will leave 15 additional days to the Supplier to comply with these Terms and Conditions.

5.3. In case where YVOO would suspend the Supplier’s account according to this clause, YVOO will finish all verification procedures/Service ordered by the Buyers (and related to the suspended Supplier) which are commenced but not finished at the time of the verification. With the results of the verification/completion of Service, YVOO will inform the Buyer that the Supplier in the meantime has been suspended. Besides finishing already commenced verification procedures, the Supplier will lose all other rights from the account (including the rights that Supplier might have as a Buyer) and it will be erased from YVOO’s portfolio. Would any other registered user of YVOO’s platform seek for the Supplier with suspended account, it will be shown that the profile is not active any more.

5.4. In case where YVOO would suspend the Supplier’s account according to this clause, YVOO is entitled to keep the compensation for the registration paid for entire registration period, notwithstanding the account is suspended before expiry of the registration period. YVOO will be entitled to all other damages incurred thereof, including but not limited to all material damages, reputation and goodwill loss, as well as compensation for third party claims initiated against YVOO due to Supplier’s activities and/or omittances that lead to the suspension of the account.

5.5. As of the moment when the Supplier’s account would be suspended, the Supplier is not authorized to use the cooperation with YVOO as a professional reference in any kind of presentation and/or communication.

6.1. One of the main principles of YVOO’s work and the Service is transparency and possibility to make informed decision on buying of products and/or services on long distance. Therefore, by using YVOO platform, the Supplier accepts to reveal to YVOO potential Buyers all business relevant data related to the type, quality and features of the Supplier’s product and/or service. With respect to those categories of data, there is no confidentiality obligation.

6.2. Confidentiality obligations regarding the Service will relate to the following occasions:

-         personal data related to private life of Buyers, Suppliers, members of their management or shareholders’ board, their employees or business partners that might be exposed to YVOO and/or YVOO Service Partners during the verification procedures

-         specific know-how implementation procedures that might be exposed to YVOO and/or YVOO Service Partners will not be further disclosed if the type, quality and features of the Supplier’s product and/or service can be transparently presented to the Buyer without those data.

7.1. All intellectual property in and on the YVOO search engine is and remains with YVOO. The Supplier will respect the rights of YVOO. The Supplier has a right to use YVOO’s intellectual property in a manner as it follows:

-         to use YVOO’s logo or elements of visual identity for the purpose of presenting the cooperation with YVOO as a business reference at Supplier’s web page or promotional materials

-         to use YVOO’s logo or elements of visual identity in the signature of Supplier’s business emails or visit cards for the purpose of presenting the Supplier’s presence in YVOO’s network

whereas YVOO reserves the right to, without limitations, prohibit with immediate effect one or all aspects of the Supplier’s usage of YVOO’s intellectual property if YVOO would find such usage unlawful, inappropriate or unwanted for any reason.

7.3. YVOO grants the buyer the worldwide, simple, non-exclusive, non-sublicensable and non-transferable right, limited in time to the registered term to use the YVOO platform and the ordered scope of services to the extent agreed in previous paragraph of this Article and to the extent agreed in these Terms of Use.

7.4. Apart from the right of use expressly granted herein, the Supplier is not granted any further rights of any kind whatsoever, in particular to the company name, to industrial property rights such as patents, utility models, trademarks or other intellectual property, nor does YVOO have a corresponding obligation to grant such rights. The YVOO is a web service. There is no claim to the publication of search engine algorithms and other software, especially source codes.

7.5. The Supplier is prohibited from:

-         granting third parties access to the YVOO platform, unless this is expressly permitted by these Terms of Use or expressly permitted by YVOO for specific case,

-         copying, displaying or mirroring components or contents of the YVOO platform with the exception of the purposes listed in this article,

-         carrying out reverse engineering of the YVOO platform, e.g. in order to (a) create a competing product or service, or (b) copying features, functions or graphics of the YVOO platform. The information obtained from the YVOO platform may not be sold, rented or otherwise made available to third parties by the purchaser at any time. Information, brand names and other content from the YVOO platform may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise exploited without prior written permission from YVOO.

7.6. The Supplier is responsible for monitoring the use of the YVOO platform by its users (e.g. employees) and immediately notifies YVOO in writing of any use which goes beyond the contractual agreements.

7.7. YVOO is granted the simple, free of charge, irrevocable and locally, temporally and materially unlimited as well as transferable and sub-licensable right to use, exploit, process, aggregate, analyze, reproduce, modify and further develop any data on the usage behavior, feedback and suggestions of the Supplier with regard to the YVOO platform, e.g. to improve the YVOO platform or to develop further products and services

8.1. YVOO is available to Suppliers on the following contact data:

8.2. YVOO is due to provide the answer to the request within 15 days as of the day of receipt.

8.3. All communication, information, updates etc. will be sent to contact data that Supplier had delivered in it’s registration form. All contact data are available to the Supplier on user’s profile. In case of change of any contact data, the Supplier is due to make necessary amendments in user’s profile without delays.

Mediation

5.1. All disputes arising out or in connection with these Terms of Use and/or performance of rights and duties arising out or in connection with the Service and/or arising out or in connection of using YVOO platform, including but not limited to (in)validity, breach or termination or any legal consequences arising thereof will be firstly resolved in front of Mediation Protocol of Croatian Chamber of Commerce.

5.2. The attempt will be deemed unsuccessful and the parties will be authorized to commence arbitration proceedings in following occasions:

-         if YVOO and the Supplier do not reach agreement within 30 days as of the day when another party received the request for mediation

-         if one of the parties or both parties mutually declare after the first mediation meeting that they are not willing to proceed with the dispute resolution in mediation proceedings

5.3. The parties are willing to be present in mediation meeting either online, or in person, upon decision of each party for itself.

5.4. If one of the parties would not attend the first mediation meeting without justification or would obstruct the meeting in any other manner, the second mediation meeting will be convened within 15 days. If the second meeting would be unsuccessful due to same reason, the mediation proceedings will be deemed finished and another party will be authorized to commence arbitration.

5.5. In such case, the obstructing party will be due to compensate all the costs incurred by the mediation proceedings, notwithstanding the outcome in further proceedings. In all other cases, each party will be bear its own costs of the proceedings, unless agreed otherwise.

Arbitration

5.6. Would the parties not succeed to resolve the dispute in mediation proceedings, the dispute will finally be resolved in front of arbitration proceedings of Croatian Chamber of Commerce according to the Protocol on Arbitration Proceedings.

Number of arbitrators will be three.

Place of arbitration will be Zagreb, Croatia.

Applicable Law

5.7. Law applicable to will be substantive law of the Republic of Croatia, excluding the collision rules of private international law.

Language

5.8. The language of this Terms of Use is English. All potential disputes arising out or in connection to these Terms of Use will be resolved in English language.