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Last update on: 04 May 2018
Yakki (”Yakki”), a project administrated by Giorgi Nicola, a master student having its address at Str. Skasa 26, 39047 St. Cristina, Italy, provides an online ’yakki.net’ platform that connects hosts who wish to share their knowledge and experience of specific outdoor activities with travellers seeking to receive hosts’ services related to such activities at their destination.
These terms and conditions (as amended from time to time, the “Terms”) govern the use of ’yakki.net’ platform services (the “Services”) provided by Yakki and access of such Services through the website yakki.net (the “Site”) or application for mobile devices (the “Application”).
Please read these Terms carefully as by using the Site or Application, irrespective of whether you become a registered user of the Services or not, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use the Site, Application or Services.
KEY DEFINITIONS AND INTERPRETATION
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Activity” means services that a Host may provide to a Traveler in relation to a specific travel destination. The services must comply with local and international legal regulations.
“Activity Fee” means an amount due and payable by a Traveler for the Activity.
“Host” means a User - a natural person who creates the Profile via the Site, Application and provides activities.
“User” means an individual who completes the yakki.net account registration process, including but not limited to the Hosts and Travelers.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Traveler” means a User who requests from a Host a booking of an activity via the Site, Application or Services.
“you”, “your” and “yours” means you a User of the Site or Application.
“we”, “us” and “our” are references to Yakki.
Interpretation of Yakki host
On Yakki, a ‘host’ is a broad definition of a person who resides in a certain location and wishes to share his unique outdoor experiences with travelers he meets on Yakki so that they could become acquainted with the activity from the perspective of a certified guide, a passionate professional and a local expert. Yakki hosts must meet all legal requirements to give activities in their area. In some cases, and in some locations, this means that a specific license has to be obtained from an appropriate authority. However if a Yakki host is simply accompanying travelers, offers practical advice or shares his experience about ‘best hiking trails’, ‘non-touristic spots’, ‘flora and fauna’ etc. he may just be a passionate local person without any formal training in outdoor activities.
Description of the Services
Yakki makes available an online platform for the Hosts and Travelers to meet online and arrange activities directly with each other.
By using the Site or Application, the Hosts may create profiles (the “Profiles”) that provide information about their knowledge of and experience with a specific outdoor activity, and may make themselves available to offer activities to the Travelers. Based on the Profiles and Activity descriptions, the Travelers may select the Hosts to provide the activity.
Role and responsibilities of Yakki
Yakki is not a tour operator nor it is a travel agent. Yakki does not provide the activity or any other travel or similar services. Its role and responsibilities are strictly limited to (i) facilitating the connections between the Hosts and Travelers in arranging for the Activity and (ii) processing payment transactions between the Hosts and Travelers, when the latters book the Activity. With reference to above, you understand and agree that Yakki is not a party to any agreement between the Host and Traveler in relation to the Activity.
All Intellectual Property to the Content (except for the User Content) featured or displayed on the Site or Application or via the Services, is the property of Yakki and is protected by copyright laws, patent and trademark laws and other legislation. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Services.
Subject to your compliance with these Terms, Yakki grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to (i) access and use the Site and Application solely in connection with your use of the Services, and (ii) access and use any content, information and related materials that may be made available through the Services.
You are responsible for obtaining the data network access necessary to use the Services. You understand that such access may involve third-party fees (such as Internet service provider).
YOUR USE OF THE SERVICES
You are responsible for any actions that take place while using your yakki.net account. Keep your username and password secure and do not allow anyone else to use them to access the Services. Yakki is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
Requirements for the Hosts, Profiles and Activities
If you are a Traveler, you understand and agree that a Host may not be an individual involved in professional outdoor activities. A Host is not always a licensed and/or qualified guide. He or she is a person, who has knowledge of a certain outdoor activity and wishes to share it with the Travelers so that they become acquainted with it.
As a Host, you may create a Profile where you can showcase a range of original outdoor Activities as well as personal information you wish to share with Travelers about you. The Profile will be made publicly available via the Services, and Travelers will be able to book Activities via the Site, Application and Services based upon the information provided in your Profile. Travelers will also be able to provide feedback on your Activities and rate you as a Host. We will monitor all feedback obtained from Travelers prior to publishing any reviews on your Profile, however we cannot be held liable for any derogatory or negative feedback received from Travelers.
If you are a Host, you represent and warrant that your Profile and Activities (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply, and (iii) will not conflict with the rights of third parties.
Please also note that any Activity offered by a Host must comply with the following requirements: (i) the Activity has to be delivered personally by the Host who confirmed the booking, (ii) the Traveler may not be joined to the Activity booked by or delivered to other Travelers.
User Interaction and Conduct
You are solely responsible for your interactions with other Users, whether online or in person. Yakki assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services. You agree to take reasonable precautions in all interactions with other Users, and conduct any necessary investigation before meeting another person. Yakki is under no obligation to become involved in any disputes between Users, but may do so at its own discretion.
For communications about bookings all Users will be offered a private messaging facility. Such facility must be used in a professional, courteous manner and only in relation to Activities. We reserve the right to monitor and suspend any User accounts we suspect of abusing the private messaging facility.
Sharing your contact details, such as your phone numbers, emails, links to other sites and social networks, is not allowed before a booking is confirmed and paid. Communication before booking is for discussing your activity details only. In case you bypass the yakki.net platform, you isolate yourself from safe payments, customer support in case of dispute, refund policies and trustful reputation through our review system. Any attempts to exchange contacts before booking or execute transactions outside of the website can also be a reason for limiting you from using our services. If necessary, your internal communication on yakki.net can be reviewed by Yakki staff. This is to provide you a better support should a conflict arise that requires escalation between you and another user.
You agree not to use the Services (i) to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libellous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction, (ii) to sell, promote, or advertise any product or service other than Activities, (iii) to advertise sexual services, (iv) to advertise or promote any illegal product or service, and (v) to promote any political, ethnic, racial or religious organisation or belief.
When using the Site, Application and our Services you shall not (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, (ii) interfere with or disrupt the integrity or performance of the Site or Application or the data contained therein, or our servers or networks, (iii) attempt to gain unauthorised access to the Site or Application or its related systems or networks or to any other computer system or website, or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
You are solely responsible for all User Content that you upload, post, publish or display or email or otherwise use via the Services.
All User Content submitted by you on the Site or Application or via the Services will be considered non-confidential and non-exclusive. You grant to Yakki a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner in all formats and distribution channels.
We reserve the right to monitor all User Content uploaded to the Site or Application at any time. We may decide, without notice to you, to remove, edit or delete any User Content where we consider at our sole discretion that such User Content is either bogus or in breach of these Terms. If Yakki chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.
Membership Payments and Fees
You agree that Yakki, in its sole discretion, may suspend or terminate your User’s account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.
We reserve the right to terminate your access to the site for any reason or no reason.
In some instances, your bank or credit card issuer may charge you a fee for foreign transactions. Before purchasing any service, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction fees.
In case of any violation of legal acts, committed during the process of payments concerning services of the Site, the User will be immediately restricted from using the Site and all relevant useful data about User's personal identification information will be shared with legal authorities in cooperation for investigation.
If you are a Traveler and wish to book an Activity, you may do so either through the Site or Application. In case information provided in a Profile of a particular Host or an Activity Description is not sufficient for you to decide on the Activity or you have any special requests relating to the Activity, you will be able to discuss this with the Host via our private messaging facility. The Activity Fee payable in connection with the Activity and booking will be displayed to you before sending a booking request to a Host. As a Traveler, you agree to pay the Activity Fee for any booking requested in connection with your account if such requested bookings are confirmed by the applicable Host.
If you are a Host and a booking is requested for your Activity through the Site or Application, you will be required to either confirm or reject the booking within 3 days from when the booking is requested. Otherwise the booking request will be automatically canceled.
A Host individually determines the Activity Fee.
Before setting the Activity Fee the Host must evaluate the fees and any local taxes applied for providing Activities. The Activity Fee has to include any such fees and taxes that the Host determines that he/she has to collect. The Activity Fee displayed in the advertisement of a Activity or Profile includes all fees and taxes and is final for the Traveler.
As a Host you understand and agree that 100% of the amount paid for the Activity, less our service fee, will be considered as your personal income and taxes will be accounted for the entire amount.
As a Host upon signing up for an account you will be liable to pay the service fee of 20% to Yakki for using the yakki.net platform.
The transfers are made to your account using our payment provider to the account you have provided.
The service fee will be paid on the day when payment is initiated to you for the Activity. We will upon the date of such payment consider our services fully rendered and upon the request of the Host will issue VAT invoice for the services of using the yakki.net platform.
A Traveler can make a payment once a Host accepts his booking. At the time of payment the Traveler, who made the booking, is debited the full amount of the Activity Fee. The funds are held up by our payment provider and will be transfered (less our service fee) on the Host’s account balance will be available after the Activity is completed. The service fee will be deducted from the Activity Fee and Yakki will issue a relevant invoice to the Host.
Cancellations and Refunds
At the moment, we do not offer any refunds for cancellations. However, you can negotiate the details with the host, reschedule your booking or pass it to a friend.
LIMITATION OF LIABILITY
We disclaim any and all liability to you for the supply of the Services we provide to you to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount of any service fee that we may have received in respect of which a claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of Site, Application and Services or for any services we may provide to you.
Your use of the Site, Application and Services is without any warranty or guarantee and is entirely at your own risk.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Site and Application.
You agree to indemnify, defend, and hold harmless us from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of the Services and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.
MODIFICATION OF THE SERVICES
Yakki reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that Yakki will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
These Terms constitute the entire and exclusive understanding and agreement between Yakki and you regarding the Site, Application and Services.
Yakki may assign its rights and obligations under these Terms to any party at any time without notice to you.
Yakki may use subcontractors to perform the Services. Such subcontracting parties shall comply with these Terms.
The use of the Services shall not create any joint venture, partnership, employment or similar relations between you and Yakki.
Yakki reserves the right to revise these Terms at any time. Yakki will inform you about any modification or change of these Terms by mail, on the Site or Application, via the Services or by other means deemed appropriate and adequate by Yakki. We will also indicate at the top of this page the date the Terms were last revised. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
The failure of Yakki to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Services are rendered to you under and in accordance with Italian law. Any dispute between you and Yakki is governed in all respects by Italian law.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Yakki (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.