TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
BY ACCESSING, USING ANY PART OF OUR MARKETPLACE PLATFORM OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS DOCUMENT.
THIS AGREEMENT IS IN FORCE BETWEEN YUTYBAZAR AND YOU (HEREAFTER REFERRED TO AS “SUPPLIER”) AND IS EFFECTIVE AS OF THE DATE AGREEMENT OF SERVICES DEFINED BELOW.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO USE OUR PLATFORM OR THE SERVICES RELATED TO IT.
The website www.yutybazar.com (the "website") is managed by YUTYBAZAR Limited, a limited company existing under the laws of the United Kingdom, with its head office located at:
71-75 Shelton Street,
Company Registration number 12636941
Throughout the present document, the terms “we”, “us”, “YUTYBAZAR” and “our” refer to YUTYBAZAR Limited, including all information and services available from this website to you, the user, conditioned upon your acceptance of all Terms, Conditions, Policies and any other Notices stated here.
YUTYBAZAR is an AI driven inclusive beauty marketplace providing its users access to global beauty brands (haircare, skincare, cosmetics and tools). The function of YUTYBAZAR is to provide personalised beauty recommendations of brand partner products.
Any new features or services which will be added to the current website shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The parties and their legal representatives guarantee that they have the authority and capacity to enter into this agreement.
This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.
To the maximum extent permitted by applicable law, nothing in this document will:
- limit or exclude your liability or misinterpretation of the information presented on the website;
- limit any of your liabilities in any way that is not permitted under applicable law;
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph;
(b) will govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer.
“Visitor” means any person who visits the website but does not create an account with us.
“End Customer” means the Visitor who registered for a buyer’s account.
“Brand Partner” means the legal entity that registered for a brand partner account in order to sell its products.
"Registration" or "Register" means the procedure of creating a Brand Partner account on our website;
"Purchase" means the contract under which the End Customer acquires and pays for a product provided by the Brand Partner;
YUTYBAZAR Limited, a limited company existing under the laws of the United Kingdom, with its head office located at
71-75 Shelton Street,
Company Registration number 12636941
"Brand Partner" - any legal entity which registers for a Brand Partner account at www.yutybazar.com, and implicitly uses our marketplace services.
These Terms & Conditions are to be interpreted in connection with the Brand Partner Agreement signed by the parties.
The marketplace services are provided based on a commission fee negotiated by the parties in the Brand Partner Agreement. Upon ordering access to the Services, and confirming acceptance of the Terms and Conditions in this document, a legally binding agreement (“Agreement”) is entered into between YUTYBAZAR and the Brand Partner. All Services, as they are available at any time through the marketplace www.yutybazar.com, are subject to the terms of this Agreement.
YUTYBAZAR offers services available exclusively to its Brand Partners on the www.yutybazar.com website, which is a marketplace e-commerce platform. Only Brand Partners are able to benefit from our services, so creation of an account is compulsory.
YUTYBAZAR will accept no responsibility whatsoever for any damage resulting from inaccessibility to website services or from damage caused by corrupt files, viruses, omissions, errors, service interruptions, unauthorised access, data alteration, content deletion, failure and/or malfunction of the Brand Partner's electronic equipment, problems with the network, with providers or telephone and/or data transmission connections.
The Brand Partner is responsible for maintaining the confidentiality and the proper use of their private information, including the credentials for accessing restricted services.
Before creating the Brand Partner account, we ask that you carefully read the General Terms and Conditions. YUTYBAZAR reserves the right to add or remove any feature, at any time.
In case of any abuse of the service, in any way, YUTYBAZAR will have the right to cancel the account or ban the Brand Partner from using the marketplace.
Upon signing of the Brand Partner Agreement, you can initiate the registration process of the Partner account through the "Registration" form, which can be found on the website. In order to create the account, you are required to provide a set of information, including, without limitation: complete company and contact information, payment information, and digital identification. The account opening will be validated after a preliminary verification of the contact data. You also undertake that during the validity of the contract you will keep the account information updated, accurate and true. You are responsible for keeping the username, account number, password and/or security information safe and secure. You must not disclose these details to any person who is not authorised to access the Account.
You receive a limited, terminable, non-exclusive and non-transferable right of access and use of the Services, in accordance with the terms of this Agreement, exclusively for the purposes for which the services are construed.
Use of services
The Brand Partner is able upload the products they are interested to sell, together with their full details, as requested by us. Once the products have been uploaded, YUTYBAZAR will act as an agent of payment between the End Customer and Brand Partner. The contractual mechanism, taxes, commissions, etc., are set out in the Brand Partner Agreement signed by the parties. YUTYBAZAR takes its obligations to prevent fraud and money laundering seriously and reserves the right to delay payments to Brand Partners if fraud or money laundering is suspected. All payments for the products must go via YUTYBAZAR. Attempts to request or accept payments outside of YUTYBAZAR will lead to sanctions not limited to immediate account suspension. Brand Partners must immediately report to YUTYBAZAR any offers to pay outside of YUTYBAZAR made by the End Customers.
Brand Partner instructs and empowers YUTYBAZAR to receive, on its behalf, payment in full of the purchase price of any product(s) purchased by the End Customer.
Payment for the products to the Brand Partner (the purchase price minus the agreed commission as per the Brand Partner Agreement) will be made by any means contractually agreed by the parties. All orders sent by YUTYBAZAR to the Brand Partner must include name of End Customer, phone number, full address, date of purchase, item purchased, total cost of purchase.
The Brand Partner will ensure the sending of the product(s) within 72 hours from the order or. In case of delays in delivery over this term, the Brand Partner will notify YUTYBAZAR about such delay together with a clear estimation of the delivery term. Failure to comply with the sending term obligation gives the YUTYBAZAR the right to cancel the transaction. The End Customer also may cancel the transaction after 24 hours from the due sending date.
After that, YUTYBAZAR will issue the payment to the End Customer, and then it will recover the payment from the Brand Partner by compensating it with the next future Orders until fulfilment.
The services on the YUTYBAZAR website are provided “as is”. YUTYBAZAR provides no warranties whatsoever, of any kind, be they expressed or implied. Furthermore, YUTYBAZAR does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the services.
We reserve the right but are not obligated to limit access to our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of services and investments are subject to change at any time without notice, at our sole discretion.
Unless otherwise stated, the Brand Partners hereby acknowledge and agree that YUTYBAZAR owns the intellectual property rights for all materials and services, including, but without limitation to, copyrights, patents, trademarks, and trade secrets, works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material published on www.yutybazar.com, including menus, web pages, graphics, colours, schemes, tools, the website's fonts and design, diagrams, layouts, methods, processes, functions and software which are part of www.yutybazar.com, and are protected by copyright and by all other intellectual property rights of YUTYBAZAR. The Brand Partner's possession, access, and use of our services do not transfer to the Brand Partner, or to any third party, any rights, title, or interest in or to such intellectual property rights.
Brand Partners must not, without prior written consent from YUTYBAZAR:
- Republish material from www.yutybazar.com
- Sell, rent or sub-license material from www.yutybazar.com
- Reproduce, duplicate or copy material from www.yutybazar.com
- Redistribute content from www.yutybazar.com
The individual authors of works published on www.yutybazar.com are entitled at any time to claim the authorship of their work and to object to any distortion or any other modification of the works, including any damage to the works which may harm their honour or reputation.
YUTYBAZAR does not claim ownership of any materials the Brand Partner makes available through the website. At YUTYBAZAR's sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials the Brand Partner submits or makes available for inclusion on the website, they grant YUTYBAZAR a non-perpetual, terminable upon end of contractual relationship, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). The Brand Partner hereby represents, warrants and covenants that any materials provided does not include anything (including, but not limited to, text, images, music or video) to which they do not have the full right to grant the license. We take no responsibility and assume no liability for any submitted content posted or submitted by the Brand Partner. If the Brand Partner does not agree to these terms and conditions, they will not provide us with any submitted content, and will not be able to use our services. The Brand Partner agrees that they are fully responsible for the content submitted. The Brand Partner is prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services that are unlawful, illegal or outside the scope of the services provided by YUTYBAZAR); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. The Brand Partner shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this website.
We are not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
The Brand Partner undertakes to keep updated at any time all the payment information regarding the desired bank account where the payments should be sent by YUTYBAZAR, or any desired payment procedure.
We may provide the Brand Partner with access to third-party tools over which we neither monitor nor have any control nor input.
The Brand Partner acknowledges and agrees that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to the use of optional third-party tools.
Any use of optional tools offered is entirely at the Brand Partner’s risk and discretion and they should ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features for the marketplace (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
Certain content, services available via our service may include materials from third-parties. The www.yutybazar.com website may contain hyperlinks ("links") to other websites which are in no way connected or affiliated to us.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials or services of third-parties.
YUTYBAZAR neither controls nor performs monitoring operations of these websites and their content, and thus we may not be held liable for the content of these sites and the rules adopted by them, including as concerns your privacy and the processing of your personal data during your navigation. We ask that you pay attention when you connect to these websites through the links provided. We are also not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
In accordance with worldwide Regulation on personal data privacy and security, and more specifically in accordance with the General Data Protection Regulation (GDPR), this Data Processing Covenant enters into force if and when the Services entail processing of the End Customer’s Personal Data. Under this Covenant, YUTYBAZAR is the Controller and the Brand Partner is the Processor of Personal Data.
In accordance with the present Terms & Conditions, the YUTYBAZAR Platform is provided as marketplace, and the Controller has clearly defined the purposes of collection of Personal data, and has ensured that the processing of the Personal Data is lawful before it is transferred to the Processor.
Types of Personal Data
The Processor will have access to the contact information of Controller’s End Customers, the extent of which is determined and controlled by the End Customer in its sole discretion, and other Personal Data such as inquiries, email data, and other eventual electronic data submitted, stored, sent, or received by the Controller via the Platform.
Within the scope of this Data Processing Covenant, and in its use of the services, the Processor shall be solely responsible for complying with the statutory requirements relating to data protection and privacy, in particular regarding the disclosure of Personal Data to other entities except the Controller, and the Processing of Personal Data. Processors must process personal data only in accordance with present arrangements and the instructions of the Controller, unless required to otherwise process the data by investigations, by law enforcement or national security agencies.
Processors may not use the personal data provided for processing for any other purpose, particularly for its own purposes. Copies or duplicates of the personal data must not be created without the Controller's knowledge.
If the Processor believes that an Instruction of the Controller infringes the Data Protection Law, it shall immediately inform the Controller without delay. If Processor cannot process Personal Data in accordance with the Instructions due to a legal requirement under any applicable European Union or United States law, the Processor will (i) promptly notify the Controller of that legal requirement before the relevant Processing to the extent permitted by the Data Protection Law; and (ii) cease all Processing (other than merely storing and maintaining the security of the affected Personal Data) until such time as the Controller issues new instructions with which Processor is able to comply. If this provision is invoked, Processor will not be liable to the Controller under this Data Processing Covenant for any failure to perform the applicable services until such time as the Controller issues new instructions in regard to the Processing.
Processors shall take the appropriate technical and organisational measures to adequately protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data. Such measures include, but are not be limited to:
- the prevention of unauthorised persons from gaining access to Personal Data Processing systems (physical access control),
- the prevention of Personal Data Processing systems from being used without authorisation (logical access control),
- ensuring that persons entitled to use a Personal Data Processing system gain access only to such Personal Data as they are entitled to accessing in accordance with their access rights, and that, in the course of Processing or use and after storage, Personal Data cannot be read, copied, modified or deleted without authorization (data access control),
- ensuring that Personal Data cannot be read, copied, modified or deleted without authorisation during electronic transmission, transport or storage on storage media, and that the target entities for any transfer of Personal Data by means of data transmission facilities can be established and verified (data transfer control),
- ensuring the establishment of an audit trail to document whether and by whom Personal Data have been entered into, modified in, or removed from Personal Data Processing systems (entry control),
- ensuring that Personal Data is Processed solely in accordance with the Instructions (control of instructions),
- ensuring that Personal Data is protected against accidental destruction or loss (availability control).
You may not use our services for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of our Services.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
Brand Partner shall not use the Services to:
a. post, publish or transmit any Content which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, hateful, or racially or ethnically or otherwise objectionable, such as images or content that is obscene, sexually explicit or contains nudity, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction;
b. encourage conduct that is criminal, would give rise to civil liability or would otherwise violate any law;
c. harm children in any way;
d. impersonate a person or entity or falsely state their affiliation with a person or entity;
e. upload, post, transmit or otherwise make available any Content that infringes the rights of another party including but not limited to trademark, copyright and other intellectual property rights; or
f. transmit or otherwise make available any material that contains software viruses or any other computer code, files designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any purpose that is unlawful, illegal or forbidden by law or to promote or advocate any illegal activity including but not limited to copyright infringement or computer misuse;
g. use copyrighted and other proprietary notices contained in any content on the Website;
h. conduct any activity that is harmful or detrimental to the website, as solely determined by YUTYBAZAR;
i. upload any material that is harmful to any End Customer’s computers or objectionable to our community as a whole;
j. falsely represent the Brand Partner’s products;
k. use any intellectual property of YUTYBAZAR without prior written permission of YUTYBAZAR or to infringe any copyright, trademark or database right, any other proprietary rights of any other Brand Partner;
l. use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site;
m. engage in denial of service attacks upon the servers that publish this Site;
n. harass or Cyber stalk any End Customer, threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
o. promote or incite any violence;
p. promote or provoke any discrimination (including but not limited to that which is based on race, sex, religion, nationality, disability, sexual orientation or age);
q. breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
r. engage in any activity that in our opinion could be harmful to the health or wellbeing of any End Customer;
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall YUTYBAZAR, our directors, officers, employees, affiliates, agents, contractors, interns, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless YUTYBAZAR, its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and the Brand Partner Agreement constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the United Kingdom and the European Union.
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Questions about the Terms and Conditions should be sent to us at: firstname.lastname@example.org.