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Terms and Conditions of Use of Yazz.app
These terms and conditions are an agreement between users and the online platform Yazz, which has full legal force and regulates the usage of the Yazz.me website, business.yazz.me website, the Yazz mobile application, or other digital services operating under the administration of the Yazz service.
Yazz is solely a digital platform whose purpose is to provide providers the ability to publish their services, and customers to search, book, and pay for these services. Yazz is not a party to any contractual relationships, agreements, or other arrangements between platform users.
In its operation, the platform uses the Yazz.me website and the Yazz mobile application for client orders, and the business.yazz.me website for order administration and business process management by providers.
About the Yazz.app Product
1. Who we are.
1.1. About the product.
The Yazz.me website and the Yazz mobile application are a versatile, multifunctional marketplace that allows operators in the fishing tourism market to publish their services. Customers can quickly find, book, and pay for these services with just one click. The marketplace system is built on the principles of service selection and offering, taking into account recommendations from other clients and the specific preferences of each client.
1.2. Where we are located.
The founding and development team of the project is located in the heart of Ukraine, in Kyiv. This is the team of ideologists who continued to develop and create the product even during armed conflicts, from trenches and bomb shelters.
2. Our mission.
The main goal of our product is to unite all operators in the fishing tourism industry into a global network. This includes fishing bases, fishing guides, commercial water bodies, boat stations, and retailers of fishing gear. The aim is to realize the principle of 'Fishing in one click' so that every customer can organize fishing anywhere, anytime, and with anyone. Travelers can find the right offer or item they need in just a few seconds.
Definition of Terms
3. Terms applicable
3.1. Platform – The Yazz.me website, business.yazz.me website, and Yazz mobile application constitute an online service (marketplace) where services and goods are published, found, and booked, and access to which is provided by the company Yazz Services OÜ.
3.2. User – Any natural or legal person who can publish, search, and book services on the online platform (providers, clients).
3.3. Provider – Any natural or legal person who provides services to clients by publishing them on the online platform. The user manages the placement and administration of their services through the Yazz CRM system.
3.4. Client – Any natural or legal person who, through the online platform, searches for and pays for services published by a provider.
3.5. Service Location – The rental object where services are provided.
3.6. Services – Any services related to fishing (fishing trips, fishing tickets, rental of water transport, etc.) published by the provider on the online platform.
3.7. Goods – Any fishing goods published and sold by providers through the online platform.
Rules and Conditions for Clients on the Platform
4. Search, Booking, and Payment
4.1. Search
Using the platform, anglers can easily find any fishing services posted by operators using a simple search system based on key points: where we fish, when we fish, and with whom we fish. Additionally, clients can use quick filters to sort services by service types, distance from the client, or price. There is an option to filter services by the types of fish that can be caught using a specific service. This search algorithm is based on evaluations provided for these services, feedback from previous clients, service cost, availability of free dates or hours. If the client is using the platform for the first time, the search system also analyzes previous orders and preferences.
4.2. Booking and Payment
When using the application, as clients find and book orders, they commit to making full payment for the service, including the payment for the service itself, Yazz service fees, and any other taxes or fees that make up the final price. Additionally, the client agrees that the UaPay payment system may freeze funds equivalent to the service payment amount to ensure reservation fulfillment or payment for the storage of property or fishing equipment. Booking a service confirms the agreement between the Provider and the Client for the provision of services. The service conditions described by the Provider in the service card, including reservation cancellation, stay norms, and other rules and policies, are part of the agreement between the Provider and the Client. In some cases, Providers involve other Providers to provide a specific service or provide services in collaboration with other Providers.
4.3. Booking a Fishing Guide
Booking a guide service gives you the right to participate in fishing under the guidance of a guide from a boat or from the shore, depending on the service conditions. Depending on the service conditions, you may be provided with fishing gear, fishing tackle, or other equipment necessary for the full enjoyment of the service. The client is personally responsible for meeting the age, professional, and physical requirements necessary to receive the service. The client must inform the Provider of any possible medical or physical obstacles that may hinder the full provision of the specified service. The client is not allowed to allow third parties not specified when ordering the service to participate in the service unless the Provider allows it in the service conditions.
4.4. Booking Fishing on a Commercial Water Body
Booking a fishing service or additional service on a Commercial Water Body gives you the right to participate in fishing on that Commercial Water Body or receive other services provided by the provider on that Commercial Water Body under the conditions and rules specified by the Provider in the service description. Depending on the service conditions, the Client may be provided with a designated place on the Commercial Water Body according to the service provision conditions or without it. The client is personally responsible for meeting the age, professional, and physical requirements necessary to receive the service. The client must inform the Provider of any possible medical or physical obstacles that may hinder the full provision of the specified service. The client is not allowed to allow third parties not specified when ordering the service to participate in the service unless the Provider allows it in the service conditions.
4.5. Booking at a Fishing Base
Booking accommodation services at a fishing base or additional services provided by the provider at that fishing base gives you the right to temporary residence at that Fishing Base and temporary use of the accommodations located at the specified Fishing Base under the conditions and rules specified by the Provider in the service description. The Provider reserves the right to visit the specified accommodation during the client's temporary residence if this need is justified and provided for in the agreement between the Provider and the Client and does not contradict the applicable law. The Provider reserves the right to forcibly evict the Client for violating the residence terms, using penalty sanctions not prohibited by current legislation. The client is not allowed to allow third parties not specified when ordering the service to participate in the service unless the Provider allows it in the service conditions.
4.6. Booking at a Boat Station
Booking a watercraft or additional service at a Boat Station gives the client the right to temporary use of a specific watercraft selected in the service offer or receiving other services provided by the provider at that boat station under the conditions and rules specified by the Provider in the service description. Depending on the service conditions, the client may need to bring and provide certain permit documents to the Provider for review, necessary for the opportunity to operate a specific watercraft according to the service provision conditions or without it. The client is personally responsible for meeting the age, professional, and physical requirements necessary to receive the service. The client or clients must inform the Provider of any possible medical or physical obstacles that may hinder the full provision of the specified service. The client is not allowed to allow third parties not specified when ordering the service to participate in the service unless the Provider allows it in the service conditions.
5. Order Management
5.1. Order Cancellation
The client has the right to cancel the reservation of a service under the conditions and rules specified by the Provider in the description of the service in various cases. Cancellation of a service reservation can occur both before booking/payment and after. The Provider independently determines the conditions for canceling a service reservation both before booking/payment and after, taking into account the complexity of organizing and providing the service, the schedule of a particular service, the time remaining before the start of the service, and others.
Exceptional conditions are cancellation of a service reservation for valid reasons (health condition, force majeure circumstances, and other conditions determined by the provider).
5.2. Refund
The client has the right to a refund when canceling a service reservation made no later than 24 hours before the start of the service (except in cases provided by additional conditions). In the event of unilateral cancellation of a service reservation by the Provider, the Client receives a refund of the entire paid amount, regardless of when the service reservation was canceled.
Exceptional conditions for a refund when canceling a service reservation for valid reasons (health condition, force majeure circumstances, and other conditions determined by the provider).
5.3. Order Modification
In case of changes in the reservation of a service by the Client or the Provider of the service using the Platform, they are personally responsible for such changes and undertake to pay any additional costs incurred for any changes in the service reservation.
6. Duties and Risks
6.1. Client's Duties
The client is personally responsible for actions or inactions and is responsible for the actions or inactions of third parties they involve in services provided by Providers related to fishing with a Fishing Guide, fishing on a commercial water body, relaxation and fishing at a fishing base, or boating, rented at a boat station. The client must adhere to the norms of behavior and rules provided by the Provider during the provision of services and the norms of behavior provided by applicable law. The client must ensure the safety of items and objects they use during the provision of services and compensate for damage in case of damage to such items or objects.
6.2. Assumption of Risks
The client agrees that they are aware that receiving services may be associated with various risks, and in accordance with applicable law, they assume responsibility for these risks. The client assumes responsibility for searching and ordering specific services through the Platform, staying in the locations of the reserved service, and using the service. The client fully understands and agrees that the services provided by providers carry an increased risk of injury, illness, or death, and by using the services of the Provider, the Client knowingly agrees to these risks.
Rules and Conditions for Providers on the Platform
7. Working with the Platform
Providers have the opportunity to post and implement their services on the Platform, which, in turn, brings together anglers and active people who are looking for the best and most relevant offers for them. Providers, when using the Platform, have the opportunity to significantly increase their income from the implementation of their services. The Platform provides Providers with the ability to create, post, and administer posted services. The Provider can easily customize each service individually by specifying the price (or changing it with a discount), available dates (using the loading calendar), service description, and rules and requirements for the Client or Clients regarding the items and objects of the service. The Provider is personally responsible for the relevance of the information contained in the Service Offer (available dates, price, photos/videos, and others). The Provider is personally responsible for the number of posted services at the service location and their availability.
7.1. Service Publication
Providers, through the Platform, have access to a personal account that contains a wide range of tools for placing and administering the location of services, publishing and administering services themselves, and tools for general business management of the Provider as a whole. The published service must contain complete information regarding the Provider, the location of the service, the prices and other service fees, the conditions for providing the service, and the rules and requirements for the Client or Clients in relation to the items and objects of the service. The Provider is personally responsible for the relevance of the information contained in the Service Offer (available dates, price, photos/videos, and others). The Provider is personally responsible for the number of posted services at the service location and their availability.
8. Working with the Client
8.1. Agreement between Provider and Client
When receiving a service reservation through the Platform, the Provider enters into an agreement with the Client based on the price and dates under the conditions specified in the description of the service. After receiving payment for the service, the Provider is obliged to pay the commission for Yazz.me services and pay other necessary taxes and fees determined by applicable law. The commission is collected through the UAPay payment system after receiving payment for the service from the Client. If the provider intends to make changes or additions to the agreement with the Client, these changes should not contradict the Platform's terms of use, correspond to the description and information available in the Service, and not contradict applicable law.
8.2. Provider Status
Each Provider is an independent entity in its relationship with the Platform and is not an employee or representative of the Platform. A Provider who publishes services on the Platform agrees that they independently decide to place the Service on the Platform and establish the terms of providing the Service and the price of the Service.
8.3. Responsibility towards Clients
Each Provider, receiving a service reservation from the Client and accordingly entering into an agreement, acknowledges and agrees that only the Provider bears full responsibility to the Client for non-provision or improper provision of the Service according to the agreement. The Platform is not responsible for any actions of the Provider.
9. Service Administration
9.1. Legal Aspects of Provider Activities
Providers are obliged to organize their service provision to the Client exclusively based on applicable legislation and according to rules and norms that may be additionally established by representatives of municipal authorities or local administrations regulating the types of services provided by Providers. When providing a service, Providers must ensure the legal stay of the Client in the specified territory, pay all possible tourist or other fees, or obtain licenses for fishing, arrange insurance policies, or other permits related to service provision. The Provider must collect, process, and use the Client's personal information in accordance with applicable data protection laws, the platform's terms of use, and Yazz's personal data processing notice.
9.2. Provider's Responsibilities
Providers undertake to take responsibility for their activities related to providing services to the Client and for the actions of third parties or other Providers who provide additional services during the main service. The Provider personally sets the price for providing the Service, also establishes the conditions for providing this service and requirements for the Client/Clients to whom the Service may be provided. The Provider is not allowed to charge additional fees for receiving the Service that are not provided for in the conditions of providing this Service outside the Platform, except in cases where the Client chooses on-site payment. The Provider is prohibited from distributing personal contacts on the Platform, as well as using third-party user accounts. The Provider is prohibited from encouraging the Client who makes or intends to make a Reservation outside the terms of Platform usage.
9.3. Positioning in Search
The positioning of a Provider or the service provided by the Provider in the search on the Platform depends on a combination of specific indicators, conditions of service provision, and other qualitative indicators of the Provider. The main ones include: Client's specified search parameters, conditions of service provision, the Provider's history of providing services to Clients and its reliability, the Client's/Client's history of previous services, their preferences, or actual location. The display of search results on the Yazz.me website and the Yazz mobile application is the same. Providers have the opportunity to advertise their services using the Yazz.me website and the Yazz mobile application on a paid basis.
9.4. Partnership Services
When providing a service by the Provider using another Provider, employing workers, or other individuals or legal entities necessary for the provision of the Service, the Provider agrees to the responsibility of these individuals according to these Terms. By agreeing to these Terms and entering into an agreement with the Client, the Provider guarantees that they have all the rights to manage the specified hired employees or third parties and distribute their responsibilities to them in accordance with the service agreement with the Client. The Provider takes responsibility and guarantees that third parties involved in providing the service to the Client comply with the legal aspects provided in these Terms of Use.
9.5. Consent to Risks
At their own discretion, the Provider agrees that their activity associated with providing services to the Client may be associated with various risks and takes personal responsibility for using the Platform, providing services to the Client through the Platform. The Provider agrees that they have familiarized themselves with the current norms of the Terms of Use of the Platform, its activities, and the content and is aware of the responsibility that may apply to the Services published by the Provider.
9.6. Insurance
Each provider has the right to insure objects and items used to provide services. The Provider also has the right to require the Client to take out life and health insurance policies before starting the service for a period not less than the service period.
10. Order management
10.1. Order Cancellation
The Provider does not have the right to cancel a reservation made by the Client without valid reasons, as provided for by current legislation or the Provider's conditions for service provision.
10.2. Refund
After the Client cancels a reservation, the Provider refunds the funds to the Client's account in the amount specified in the order cancellation terms, as indicated by the Provider in the service provision conditions, within a period not exceeding 14 calendar days from the moment of canceling the service reservation. In case of the Provider's cancellation of the service reservation, they are obliged to refund the full amount paid by the Client for the service to the Client's respective account within a period not exceeding 5 calendar days from the moment of canceling the service reservation.
10.3. Order Modification
When making changes to the Order, the Provider or the Client bear personal responsibility for such changes made through the Platform. After making changes that could affect the cost of the order, they are obliged to pay additional fees, taxes, and charges.
11. Taxes
Providers are obliged to conduct their activities in accordance with the current Tax legislation of the country in which they provide their services. The Provider bears personal responsibility for paying taxes on the funds they receive from the implementation of their services through the Platform. The Provider is obliged to pay any taxes and fees directly related to the provision of the service, if possible, including them in the service cost and reflecting such cost in the service provision conditions. The Platform reserves the right to refuse the provision of services by the Provider due to the lack of relevant documents confirming the legality of the Provider's economic activity.
General Rules and Conditions
12. Rating System
12.1. Reviews and Feedback
After completing the receipt of the service, the Client has the opportunity to leave feedback about the Provider, and vice versa, the Provider can leave feedback about the Client and evaluate the service provided by the Provider or the behavior of the Client during the service. Reviews and ratings left on the Platform must be objective and not contain information that may discredit, degrade, and/or offend Platform users. Platform administrators reserve the right to delete such comments and ratings. The Platform has a censorship system that will automatically block messages containing offensive language. The Platform is not responsible for the placement of false comments but reserves the right to delete such comments from the Platform.
12.2. Service Rating
Using an algorithm that combines the quantity and quality of ratings, the quantity and quality of comments, the quantity of orders for a specific service, and other auxiliary factors, the Platform rates Providers and the services they provide, distributing them in a certain sequence in specific sections on the Platform. The position in the Platform's rating also affects the position in the search list.
13. Use of Information and Media Files
When placing any textual, graphic, photo, or video information on the platform, regardless of the section, description, or service conditions, the Provider grants the Platform full, unlimited, and perpetual rights to use this information with the right to alienate this information for copying, modifying, preparing advertising, and other materials for its further distribution without any restrictions. All information created by or with the resources of the Platform exclusively belongs to the Platform. The Provider is personally responsible for placing any textual, graphic, photo, or video information on the platform, regardless of the section, description, or service conditions, and guarantees that they have full rights to the specified information and have the authority to transfer the specified information for the purposes provided in these Terms. The Provider is personally responsible for violating the copyrights of third parties by publishing the above-mentioned information.
14. Commission
The Platform, in accordance with its activities, charges a commission or may impose certain taxes and fees on Providers or Clients for using the Platform. Information on payment terms and commission rates, as well as possible taxes and fees, is provided in the appendix to the Terms in a separate document titled 'Commission and Fees'.
15. Agreement with the Platform
15.1. Validity of the Agreement
The agreement between Users and the Platform comes into effect upon registration and access to the platform, under the conditions outlined in these Rules. This agreement is indefinite and remains in force until unilaterally or mutually terminated.
15.2. Termination of the Agreement
The User has the right to terminate the agreement with the Platform at any time. Termination of the Agreement with the platform can be done by deleting the user account and sending an official letter to the Platform's support service notifying of the termination of the existing Agreement. The Platform also reserves the right to terminate the agreement with the User by deleting the account for violations of any conditions specified in these Rules, notifying the User through any available communication channel as indicated during account registration.
15.3. Suspension of the Agreement or Imposition of Sanctions
In case of violation of the conditions specified in these rules, applicable legal acts, or the rights of third parties by the User, the platform reserves the right to inform the User of possible consequences and propose to correct certain actions or posted information that violates the specified rules. Without such notification, the platform may apply the following sanctions:
- Suspend the operation of the specified Agreement by restricting access to the account or limiting the actions available to the specified account.
- Suspend the operation of the posted advertisement, comment, or other information.
- Cancel the posted reservation.
The User has the right to appeal such sanctions by contacting the platform's support service.
15.4. Exclusive Rights of the Platform
The Platform reserves the right to take any actions to protect itself, users, the rights of third parties, and ensure compliance with current legal acts, including sanctions and other possible actions specified in these Rules.
15.5. Consequences of Agreement Cancellation
Upon deletion of any user account, all service reservations are canceled, and funds paid for such reservations are refunded according to the conditions governing the refund of funds for the cancellation of service reservations. After canceling the Agreement with the platform, the user has no right to restore the operation of their account or the information they posted using their account. If access to the account or the account's operation is restricted by the platform, or the Agreement is terminated by the Platform, the user has no right to register a new account or conduct activities on the platform using another user's account.
16. Platform Rules Yazz.app
16.1. Rules
Users must adhere to the rules specified in these Terms and agree not to take actions to assist third parties or other users in violating or bypassing these rules or inciting such actions.
- Rules of Good Conduct:
- Users must be honest with other users or third parties, must not use false information, and must not use someone else's personal data for their benefit.
- Users must adhere to the rules of generally accepted behavior, be polite, and treat other users with respect.
- Users must adhere to non-discrimination rules, refrain from actions of persecution or degradation of the interests of other users or third parties.
- It is prohibited to carry out illegal interference in the operation of the Platform, namely to take actions of hacking, copying, and disclosing its operational technologies.
- It is prohibited to use any automated digital systems for data collection, information, or media files, as well as access to such data on the Platform.
- It is prohibited to avoid or bypass the Platform's protection system or other elements that ensure its security in any way.
- It is prohibited to use any technologies that may copy or reproduce the Platform's operational technology.
- It is prohibited to take any actions that may affect the speed or quality of the platform's operation.
- Use of the Platform exclusively within the current Terms and Conditions of Use.
- It is allowed to use personal data only within the current rules to ensure the functionality of the Platform.
- It is prohibited to distribute personal data or advertising materials using the Platform.
- It is allowed to use information and media files published on the Platform solely for the purpose of obtaining or providing services.
- It is prohibited to use information or media files if the user does not have the rights to use such information.
- It is prohibited to take any actions that may manipulate the rating system.
- It is prohibited to copy or reproduce any information related to the operation of the Platform without the consent of the owners.
16.2. Notification of Violations of Current Legislation, Current Terms, and Rules of Use
When potential, potential violations are detected among the information, media files, or any other data posted on the platform that may cause harm to the health or property of third parties, the person who detected such violations must report it to the relevant supervisory authorities. After that, provide information to the Platform's support service with a copy of the document on the establishment or fixation of such a fact.
If such actions violate the current terms and rules of using the Platform, it is necessary to immediately inform the Platform's support service.
16.3. Notification of Copyright Violations
When possible facts are identified that information and media files posted on the Platform may violate the copyrights of the user or third parties, the person who identified such possible facts must inform the platform's support service about such violations.
17. Handling Complaints
Users undertake to cooperate with each other and the Platform on the principles of honesty and fairness, provide information upon the Platform's request related to the terms of using the Platform, assist in resolving disputes, and regulate issues related to complaints or damage caused.
18. Role of Yazz.app
The Yazz platform is created for interaction between Clients and Providers through the search, booking, and payment for Services placed on the Platform. Relationships related to the agreement between the Client and the Provider are carried out without the involvement of the Platform. Users consent to possible control of the information posted by Clients on the Platform. The Platform reserves the right to edit, delete, or restrict access to information or media files published on the Platform within the conditions provided by these rules or applicable law.
19. User Profiles
To access the use of the Platform, registration of a personal profile is required. Registration is allowed for Legal entities, individual entrepreneurs, or for individuals who have reached the age of 18. During registration, the User guarantees that they are not a person prohibited from using the Platform according to applicable law. During registration, the User undertakes to provide complete and truthful information about themselves. It is prohibited to register multiple personal profiles or transfer access to a personal profile to third parties. The User is personally responsible for keeping the personal data of the profile and cannot provide them to a third party. The User is personally responsible for any actions taken from their personal profile and undertakes to promptly inform the Platform of the possible loss of access to the personal profile.
20. Disclaimer
The Platform is available to Users in its initial form and does not provide any warranties or confirmations regarding the information posted on it, both from the Provider and the Client. The platform also does not provide guarantees for its autonomous or uninterrupted operation.
21. Limitation of Liability
Neither Yazz nor other third parties involved in ensuring the operation of the Platform bear any responsibility for accidental damages, damages defined as special conditions of the case, as well as damages defined during the establishment of punishment, or indirect damages, including loss of profit, data loss, or damage to business reputation, service disruptions, damage to computer equipment, any other damage or losses that may arise in connection with the operation of these Rules or the use of the Platform.
The above limitations of liability are fundamental conditions in the Agreement between the Platform and the User of this Platform.
22. Damage Compensation
Users agree personally to compensate for any damage that has been caused by:
- 1. violation of the terms of use specified in this agreement;
- 2. interaction between users on the Platform and beyond;
- 3. interaction of users with third parties related to the use of the Platform.
Users agree not to make any claims during the compensation of damage to Yazz or third parties that ensure the operation of the Platform.
23. Dispute Resolution, Jurisdiction, and Venue for Disputes
Relations between the Platform and the User are governed and interpreted in accordance with the General terms, interpretation, validity, and enforceability of which are governed by Ukrainian law. All disputes are submitted for consideration in the courts of Kyiv, unless the User submits a request to transfer the dispute for consideration to the courts of the jurisdiction of their place of residence.
24. Party to the Agreement
The Party to the Agreement between the User and the Platform is the company Yazz services OÜ, which owns the Yazz.me website, the business.yazz.me website, and the Yazz mobile application.
25. Other Conditions
All other documents, terms, agreements, or policies published or referred to in these Rules regulate the use of this Platform by Users and are part of the agreement between the User and the Platform.
25.1. Inability to Waive Rights
The Platform's waiver of the performance of any provisions of these Rules does not preclude their performance in the future unless other conditions are agreed between the Platform and the User in writing.
25.2. Transfer of Rights and Obligations
The User has no right to transfer their rights and obligations according to these Rules to a third party without the written consent of the Platform.
On its part, the platform has the full right to delegate or transfer its rights and obligations to any third party without restrictions.
25.3. Notifications
The company Yazz has the right to use any permitted means of notifying Platform Users necessary for the operation of the Platform.
25.4. Third-Party Services
Links to third-party resources providing services that are regulated by other Rules and other Personal Data Processing Notices may be posted on the Platform. The Platform is not responsible for the posted third-party services.
25.5. Force Majeure
Yazz is not responsible and has no obligations for any legal acts related to force majeure circumstances that objectively make it impossible to fulfill the obligations specified in the Agreement or these Rules in accordance with legislative and other regulatory acts.
25.6. Support Service
If the User has any questions regarding the operation of the Platform, these Rules, or questions regarding the protection of personal data, you can contact us through [email protected].
Appendix 1: Legal Entity with which the Agreement is concluded