TERMS OF USE AGREEMENT – YOUTOO
-
These Terms of Use are between You (“the User”) and YouToo (Pty Ltd) Registration Number (2025/513806/07) (“Youtoo”)
-
YouToo is a platform for organisers to promote their events and for you, the User to find events worldwide based on your interests and proximity.
-
Your acceptance of the Terms of Use agreement creating an YouToo account, whether through the website and software application (“the Service”) or your use of the Service, you agree to be bound by these Terms of Use, our privacy policy, website terms and conditions, (and any other policy and terms which may be incorporated in this agreement from time to time), each of which is incorporated by reference into this agreement.
-
You are to read through this agreement and other policies and terms which are incorporated by reference into this agreement carefully before accessing or using the Service. If you do not agree to the terms and conditions contained in this agreement or others incorporated by reference, please immediately desist from using the Service.
-
YouToo reserves the right to at any time modify, amend, vary, substitute, replace or delete any of the terms and conditions contained in this agreement or policies relating to the Service at any time which will become effective upon an updated version of this agreement being posted on YouToo’s website. Furthermore, there may be changes to our pricing or pricing policies (which includes changes from free services to paid services) which will be published on our website from time to time.
-
You acknowledge that you are responsible for reviewing this agreement or any changes which may appear thereto from time to time. Your continued use of the Service after any changes taking effect, shall constitute your acceptance of such changes. If you require any more information or have any questions about this agreement, please contact us by email at info@youtoo.co.za.
-
In order to use the Service, you may create an account through the software application or website by entering the information which we require from you. For more information regarding the information we collect from you and how we use it, please refer to our privacy policy.
-
You are responsible for maintaining the integrity of your account and that all information provided is up-to-date, accurate and correct. If you have any reason to believe that a third party has gained access to your account, please immediately contact us.
-
YouToo does not provide any of the services which are provided by Users as service providers (“Organisers“) registered as such upon opening an account. The Service offered by YouToo, inter alia, offers information and a platform to obtain the services offered by Organisers (the Service/s) and YouToo does not provide any such services or in any way act as a service provider. YouToo does not organise or host events and are not responsible for:
- the accuracy of the event descriptions;
- the conduct or performance of Organisers or Users; and
- cancellations, charges or refunds.
-
Service provider’s (a User and/or Organiser) whom offer their services through the Service, are independent contractors. The service provider (qua independent contractor) only markets their services through the Service and does not in any way create, establish or set up any agency, partnership and employment relationship between YouToo and such service provider.
-
Users are encouraged to have regard to the rating criteria as well as references of any of the Users or Organisers prior to the User engaging or attending events. Users are encouraged to conduct their own independent background checks of any User or Organisers who offers their services or promote their events through the Service. All event related queries or enquiries are to be addressed directly with the Organisers.
-
YouToo grants you a limited, non-exclusive, non-transferable and revocable license to use our Service which at all times is subject to the terms and conditions contained in this agreement.
-
The license is intended for the sole purpose of allowing the User to use and benefit from the Service as intended by YouToo and permitted in terms of this agreement.
-
YouToo may in its sole and unfettered discretion revoke the license and/or the use and/or access to the Service in any of the following instances:
- use the Service in any way that could interfere with, obstruct, negatively affect the Service;
- upload viruses or other malicious code or otherwise compromise the security of the Service;
- forge or manipulate any information transmitted to or through the Service, not to violate any laws of any local, state, federal and international laws in connection with your use of the Service;
- not to crawl, scrape or spider any page of the Service or to reverse, engineer or attempt to obtain the source code of the Service;
- use or develop any third party applications that interact with the Service or other Users’ content or information without YouToo’s written consent;
- encourage or promote any activity that violates this agreement;
- complaints by Users involving gross negligence, abuse, damage to property, injury;
- breach of any of the terms and conditions of this agreement and/or the House Rules referred to in clause 21 below;
- consistently poor ratings by Users;
- any conduct which in the opinion of YouToo is in any manner offensive, reckless, dangerous, harmful and disrespectful, brings the integrity of the Service into disrepute and in any form affects the reputation and dignity of YouToo and/or its Users;
- If the User attempts to bypass or disintermediate YouToo and transacts directly or indirectly with any Users introduced to one another through the Service.
-
YouToo reserves the right to investigate and take any legal action which it may be advised to take against Users for the illegal or unauthorised use of the Service which includes, but is not limited to, the immediate termination or suspension of the User’s account.
-
Upon creating an account with YouToo , you grant YouToo a transferable sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information (“the content”) you authorise to as well as any information you post, upload, display or otherwise make available (“posts”) on the Service or transmit to other Users.
-
YouToo’s license to your content shall be non-exclusive except that YouToo’s license shall be exclusive with respect to derivative works created through the use of the Service. YouToo’s license to your content is at all times subject to your rights under applicable laws and is for the limited purpose of operating, developing, providing and improving the Service and for the research and development of the Service nor new aspects of the Service. The User agrees that any contact you place or that you authorise YouToo to place on the Service may be viewed by other Users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared content from other Users).
-
The User agrees that all information submitted upon creation of an account with YouToo including information submitted from any other source and uploaded to your account, is accurate, truthful and up-to-date and there is no restriction nor impediment to posting the content and thereby granting YouToo the right and license to post the content on the Service or transmit to other Users.
-
Users agree and understand that YouToo may monitor or review any content that Users may post as part of the Service. We may delete content or parts thereof, that we believe, in our sole and absolute discretion, may be harmful to or bring the integrity of the Service into disrepute or in any manner or form affect the reputation and dignity of YouToo and/or its Users.
-
By using the Service, you agree that you will not:
- use the Service for any purpose which is illegal, unlawful, wrongful and or prohibited in terms of this agreement;
- use the Service for any harmful or nefarious purpose;
- use the Service for any other reason other than which the Services are intended;
- impersonate any person or entity or post any images of another person without prior written consent or permission being obtained;
- post any content which is untruthful, misleading or inaccurate;
- post any content that is hate speech, threatening, sexually explicit or pornographic;
- post any content that incites violence or contains nudity or graphic violence;
- post any content that promotes racism, hatred or which may cause harm of any kind against any group, religion, race or individual;
- create another account in the event that your account has already been terminated or suspended.
-
YouToo reserves the right to investigate and/or terminate your account without a refund of any services which have been paid for in the event that the User has violated any terms and conditions of this agreement, misused the Service or conducted himself/herself in a way that YouToo regards as inappropriate or unlawful whilst using the Service or outside of the Service.
-
The User agrees that in the event that there is any violation, transgression or unauthorised use of these rules or any other terms and conditions of this agreement, your authorisation to use the Service may automatically at the sole discretion of YouToo, be revoked or suspended.
-
Although YouToo may from time to time review and remove content of any User which violates this agreement, the content is the sole responsibility of the User and/or Organiser and YouToo cannot guarantee that all content will comply with the terms of this agreement. If any User is of the opinion that any content on the Service violates any terms of this agreement, the User is encouraged to report it to YouToo on info@youtoo.co.za.
-
All Charges are due immediately and payment will be facilitated by YouToo using its preferred payment method designated in your account after which YouToo will send you a receipt by email.
-
YouToo may from time to time provide certain User’s with promotional offers and discounts that may result in different amounts being charged for the same or similar services or goods obtained through the use of the Service, and you agree that such promotional offers and discounts, unless also made available to the User, shall have no bearing on your use of the Service or the Charges applied to you.
-
YouToo provides a Service on an as-is and as-available basis and to the extent permitted by applicable laws, grants no warranties of any kind whether express, implied, statutory or otherwise with respect to the Service (including all content contained therein) including without limitation any implied warranties or satisfactory quality, merchantability fitness for a particular purpose or non-infringement. YouToo does not represent or warrant that:
- the Service will not be interrupted, is secure or error free;
- any defects or errors in the Service will be corrected;
- that any content or information you obtained on or through the Service will be accurate;
- event cancellations, non-performance or dissatisfaction with the event; or
- issues arising from User to User or Organiser to User interactions.
-
YouToo takes no responsibility for any content that Users, Organisers or other third party posts, sends or receives through the Service. Any material downloaded or otherwise obtained through the use of the Services are accessed at your own discretion and risk.
-
The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. YouToo is not responsible for the availability of such external websites or resources and is not in any manner responsible or liable for such third party.
-
To the fullest extent permitted by applicable laws, in no event will YouToo, its affiliates, employees, licensors or service providers be liable for any direct, consequential, exemplary, incidental, special, punitive or enhanced damages including without limitation, loss of profits whether incurred directly or indirectly or any loss of data, use, goodwill or other intangible losses resulting from:
- your access to or use of or inability to access or use the Service;
- the conduct or content of any of other Users or Organisers on or through or following the use of the Service; or
- unauthorised access, use or alteration of your content even if YouToo has been advised of a possibility of such damages. In no event will YouToo aggregate liability to any Users for all claims relating to the Service exceed the greater of the amount paid by the User, if any to YouToo for the Service.
-
This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. You agree that any dispute arising out of this Agreement or the interpretation thereof, both while in force and after its termination, or any claim for payment howsoever arising shall be submitted to and determined by a court of law in the Republic of South Africa having jurisdiction.
-
This agreement contains the entire agreement between the User and YouToo regarding the use of the Service. If any provision of this agreement is declared to be invalid, the remainder of this agreement shall continue in full force and effect. The failure of YouToo to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. The User agrees that his or her YouToo account is non-transferable and all of your rights to your account and its content terminates upon the User’s death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this agreement and will not make any representations on behalf of or bind YouToo in any manner.
-
YouToo choose the address recorded below as its address to which all notices and other communications must be delivered for the purposes of these terms and conditions and its domicilium citandi et executandi (Domicilium) at which all documents in legal proceedings in connection with these terms and conditions must be served. Any notice or communication required or permitted to be given to pursuant to the provisions of these terms and conditions shall be valid and effective only if in writing and sent to a party’s chosen address in accordance with the provisions of this clause, provided that documents in legal proceedings in connection with these terms and conditions may only be served at a party’s Domicilium.
COMPANY’S RIGHT TO CHANGE TERMS AND CONDITIONS
YOUR ACCOUNT
NATURE OF THE SERVICE
SAFETY AND INTERACTIONS WITH OTHER USERS AND THIRD PARTY PROVIDERS
LICENSE TO USE YOUTOO’s SERVICE
RIGHTS YOU GRANT YOUTOO BY CREATING ACCOUNT
YOUTOO’S HOUSE RULES
USERS CONTENT
PAYMENT FOR THE SERVICES
DISCLAIMERS
THIRD PARTY SERVICES
LIMITATION OF LIABILITY
APPLICABLE LAW AND JURISDICTION
ENTIRE AGREEMENT
DOMICILIUM
YouToo:
registration number: 2025/513806/07
Physical address: Block B, Carlswald Close, 137 Seventh Rd, Midrand, 1682
Telephone number: 010 010 0423
Office bearer: Gianluca Schiavini, Magodla Siphesihle Masemola
Email address: info@youtoo.co.za,
gianlucaschiavini@gmail.com,
sihle@YouToo.co.za
Website address: YouToo.co.za