YOWO Member T&C's
"YOWO" is a subscription service offered by Lion NZ Limited ("we", "us", "our") in conjunction with our participating venue partners (each a "YOWO Venue Partner") to provide users with access to flexible working spaces and membership benefits.
In order to enjoy YOWO, you must register for and maintain a YOWO Member Account ("YOWO Account") and abide by these YOWO Customer T&C's ("these T&C's"). You acknowledge that the provision of flexible working spaces and membership benefits is subject to availability and any further limitations that are communicated to you (by us or the YOWO Venue Partner as the case may be) from time to time. We reserve the right to alter and amend membership benefits as we see fit.
These T&C's describe your rights and obligations in connection with YOWO.
References to "YOWO App" refer to our mobile application for YOWO.
2 Additional policies, terms and services
3 What YOWO is not
YOWO does not include, and we are not involved in or liable for, the provision of products or services by third parties that you may encounter through the use of the YOWO App ("Third Party Services")
Third Party Services are provided solely by the applicable third party (“Third Party Service Providers”) and pursuant to separate arrangements between you and the applicable Third Party Service Providers.
4 How we might change YOWO or these T&C's
The availability and features of YOWO and the content and services you access or use through the YOWO App are subject to change from time to time in our sole discretion, and we may change, suspend, or discontinue all or part of YOWO at any time in our sole discretion.
From time to time, we may also make modifications, deletions or additions to these T&C's. We may also impose limits on or restrict your access to YOWO or the YOWO App without notice or liability. We will provide you with notice of changes to these T&C's or to the services we provide that apply via email to the email address linked to your YOWO Account. Most changes will be effective immediately upon notice. It is also your responsibility to check these T&C's periodically for changes. If you do not agree to the changes, you may terminate your YOWO Account and cease use of the YOWO App.
Your continued use of YOWO and the YOWO App following notification of any changes to these T&C's constitutes acceptance of those changes, which will apply to your continued use of YOWO and the YOWO App going forward. Your use of YOWO and the YOWO App is subject to the T&C's in effect at the time of such use.
Registration for a YOWO Account is available to individuals who are at least 18 years old (the “Eligibility Age”). No one under the Eligibility Age may access or register for a YOWO Account or provide any personal information through the YOWO App (e.g. name, address, telephone number or email address). You agree to provide us with accurate and complete information about yourself when you register for a YOWO Account and as you use the YOWO App.
6 YOWO Use and Security
You are responsible for maintaining the confidentiality of your password and security of your YOWO Account. If you believe someone may have used your YOWO Account without your authorization, please change your password and contact us at firstname.lastname@example.org.
You are responsible for all actions in connection with your YOWO Account, regardless of whether you authorized such actions.
You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the YOWO App.
The information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the YOWO App (collectively, “Content”) are contributed by us and our YOWO Venue Partners.
(a) Use of YOWO Content
Subject to these T&C's, we grant each user of the YOWO App a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e. to download and display locally) Content solely for purposes of using the YOWO App.
(b) Restrictions on use of YOWO Content
Use, download, display, reproduction, modification, distribution or storage of any Content for purposes other than interaction with other YOWO Users and/or YOWO Venue Partners on the YOWO App, in accordance with these T&C's is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any of our rights.
(c) User Content
"User Content" refers to contributing, posting, submitting, or otherwise making any Content available to or through the YOWO App. We do not endorse, support or verify the facts, opinions or recommendations of our Users.
(d) Public Content
If you post User Content to public portions of the YOWO App, or portions of the YOWO App that are viewable by all other users, you acknowledge and agree that such User Content (“Public User Content”) will be accessible by other individuals. You grant each YOWO App user a non-exclusive, perpetual license to access your Public User Content and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Public User Content solely in connection with their use of the YOWO App in accordance with these T&C's.
(e) Availability of Content
We do not guarantee that any Content will be made available on the YOWO App. We reserve the right, but do not have any obligation to, (a) monitor, remove, edit or modify any Content, including User Content, in our sole discretion, at any time, without notice to you and for any reason or for no reason at all; (b) remove or block any Content, including User Content, from the YOWO App.
(f) We may remove Content
We have no obligation to pre-screen or monitor any User Content. We also cannot guarantee that any User Content will be accurate or otherwise in compliance with these T&C's. We may, in our discretion and without notice, edit, delete or move any information transmitted to or from your YOWO Account. We may do this at any time and for any reason. If we provide a notice indicating we have reviewed any User Content, it does not mean that we have verified the information in the User Content.
(g) Informational purposes only
All Content is for general informational purposes only. We do not endorse any opinions expressed via the YOWO App, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any Content. You may encounter material that you find erroneous, misleading, mislabelled, offensive or otherwise objectionable. Please use common sense and proper judgment when using the YOWO App or any Content or information found on or through the YOWO App.
(h) Acceptable Use
All User Content (including Public User Content) must also comply with our Acceptable Use Policy.
8 Intellectual Property of YOWO
The Content is protected by New Zealand Copyright Laws. We retain all proprietary rights in the YOWO App and the Content made available on or through the YOWO App (except that our users own their submitted User Content) except as expressly set forth in these T&C's, no rights are granted to any Content.
(b) Ownership of Intellectual Property
You do not acquire any ownership rights in or to any of our intellectual property by accessing or using the YOWO App. You may not take, copy or use for any purpose (a) the name “YOWO” or any of our other business names, trademarks, logos, or other intellectual property; (b) any modified, altered or similar versions of the same.
If you download the YOWO App then, subject to your compliance with these T&C's, we grant you a limited, nonexclusive, non-transferable, revocable license to install and use the YOWO App on a compatible mobile device that you own or control for your use, in each case in the manner enabled by us, for so long as you remain in good standing with your applicable YOWO Account.
Except as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make any unauthorized use of any of the foregoing. In addition, you agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas, algorithms of the YOWO App or any other software or technology of ours, except to the extent expressly required by applicable law.
In using the YOWO App, you may encounter advertisements from Third Party Service Providers which may be targeted to you based on certain information you provide to us or that we collect based on your use of the YOWO App. The types and extent of advertising are subject to change. In consideration for us granting you access to and use of the YOWO App, you agree that we, such Third Party Service Providers may provide you with such advertising from time to time.
We are not responsible for the content of these advertisements or any links, products, services or other materials relating to any products, services, advertisements or other materials provided by Third Party Service Providers.
From time to time, we may also publish testimonials by users related to their experiences with various YOWO services or Third Party Services. These testimonials are the subjective opinions of the individuals providing such testimonials, represent individual results and are not verified by us. We do not claim that they are typical results that others will generally achieve. Names, locations, dates and other information may have been changed to protect the privacy of the individuals or entities involved. Any testimonials of any type, format or nature posted by Users may be unverified, and we make no warranty or representation as to their accuracy.
11 Termination by You
In the event that you do want to terminate your YOWO Account, you acknowledge and agree that you are giving up your ability to access and use any YOWO services (including Third Party Services) requiring a YOWO Account. You can terminate your YOWO Account by deactivating your YOWO Account via the website, www.yowo.co.nz, or by contacting us at email@example.com.
12 Termination by Us
If you fail, or if we suspect that you have failed, to comply with any of these T&C's or at any other time when we in our discretion see ﬁt to do so, we may, at our sole discretion, restrict your access to YOWO and the YOWO App and/or terminate your YOWO Account with immediate effect and possibly without prior notice to you.
YOWO and the YOWO App is provided “as is”. To the extent permitted by law, we and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “YOWO Parties”) (a) disclaim all warranties and terms, express or implied, with respect to YOWO and the YOWO App, including warranties, terms or representations as to the availability, operation, performance and/or use of the YOWO App, or any other YOWO services, Content or materials on or accessed via the YOWO App, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing, course of performance or usage in trade and (b) will not be liable for any indirect, special, incidental, exemplary, punitive or consequential damages, business interruption or loss of profits, or damages for lost time, goodwill or data, even if advised of the possibility of such damages and regardless of the form of action, whether in contract, tort, strict liability or otherwise.
To the extent permitted by law, you (i) waive any and all claims, liabilities, costs, damages, expenses and rights, including reasonable legal fees (“Claims”) against the YOWO Parties resulting from use of YOWO services and the YOWO App and (ii) release the YOWO Parties from any such Claims.
(b) Third Party Product and Services
In no event will we be liable, directly or indirectly, to anyone for any damage or loss relating to any use of or reliance on any advertisement on the YOWO App or any products, services or other materials relating to any advertisement. You agree that our making available access to or discounts for any Third Party Services does not constitute provision of such Third Party Services by us, and you will look solely to the applicable Third Party Service Provider for provision of the applicable Third Party Service and for compensation for any claims, damages, liabilities or losses you may incur in connection with such Third Party Service.
(c) You agree to hold us harmless
To the extent permitted by law, you will indemnify and hold harmless the YOWO Parties from and against any and all Claims resulting from any breach of these T&C's by you or any of your actions or omissions, and we will have sole control over the defense of any such Claims. You shall not make any settlement that requires a material act or admission by any of the YOWO Parties, imposes any obligation upon any of the YOWO Parties or does not contain a full and unconditional release of the YOWO Parties, without our written consent. None of the YOWO Parties shall be liable for any settlement made without its prior written consent.
14 You agree to cooperate with us
From time to time, we may investigate any actual, alleged or potential violations of these T&C's. You agree to cooperate fully in any of these inquiries. You waive any and all rights against the YOWO Parties, and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.
15 Governing Laws
These T&C's and any matters directly and exclusively related to YOWO and the YOWO App shall be governed by and construed under the laws of New Zealand.
16 Entire Agreement
The section and paragraph headings in these T&C's are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in these T&C's shall be read as being followed by “without limitation” where appropriate.
If you have any questions with respect to YOWO or the YOWO App, you may contact us at firstname.lastname@example.org.