This document sets out the terms on which Healthwiser Limited Limited trading as yovada.com ('Yovada') provides you with access to www.yovada.com ('Website'). Please read these terms carefully before using the website. You acknowledge that by using the website (wholly or partly) in any way, you agree to be bound by these terms. If you do not accept these terms, you will not be able to use the website and/or place your order for any of the events made available for purchase ('Products') using the website.
1. INFORMATION ABOUT YOVADA.COM LIMITED AND THE WEBSITE
1.1 The Website is owned and managed by Healthwiser Limited, a company registered in Hong Kong with the company registration number 2158737
1.2 Yovada provides you with the facility to view, browse and make purchase of the Products from the event organisers using the Website. You understand and agree that the Products are not supplied by Yovada nor does Yovada participate in any part of the sale and purchase transaction between you and the event organisers. Yovada acts as a venue to allow users who comply with Yovada's policies to offer, sell, and buy the Products. Yovada is not directly involved in the transaction between you and event organisers. Consequently, you further acknowledge and agree that any contracts for the purchase of the Products shall be strictly between you and the Seller of that Product, the event organiser.
1.3 Yovada shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.
1.4 Yovada reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Products or features of the Website therefor without notice.
2. PRELIMINARY INFORMATION
2.1 In order to use to the Website, you warrant that:
2.2 you are legally capable of entering into any binding contracts;
2.3 you are at least 18 years old and above; and
2.4 you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms.
. PERSONAL INFORMATION PROVIDED
3.1 To make an enquiry, reservation or booking you will need to provide certain basic details such as full name and email
3.2 You hereby warrant that the information provided to Yovada is true, accurate and correct. You further warrant that you shall promptly notify Yovada in the event of any changes to such information.
3.3 Upon the completion and submission of any online forms by you to Yovada, Yovada shall send you a confirmation email to your email address provided. Without prejudice to the other rights and remedies of Yovada, Yovada reserves the right to promptly suspend your access to the Website or your ability to browse the Website and/or use any of the features and functionalities of the Website if Yovada has any reason to believe that you have breached any of the provisions set out herein.
3.4 Subject to the provisions herein, you may access all functionalities available on the Website, including without limitation, browsing the Website and the Products advertised, contacting the event organisers and purchasing the Products.
4. FORMATION OF CONTRACT
4.1 The date of commencement of your Contract with Yovada shall be determined as follows upon your first use of the Website, and such Contract shall be effective and in force until terminated by either party in accordance with clause 5 of these Terms.
4.2 Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for whatever reason to refuse you access to the Website (partly or wholly)
5. TERM AND TERMINATION
5.1 Unless otherwise expressly set out to the contrary herein, Yovada's Contract with you shall remain in force for the duration in which you access the Website, having use of certain features and functionalities therein
5.2 Yovada may suspend or terminate your access to the features and functionalities of the Website in the event that:
5.3 third party services and network providers cease to make the third party service or network available to Yovada;
5.4 Yovada believes that you have failed to comply with one or more of these Terms;
5.5 Yovada believes that there has been fraudulent use, misuse or abuse of features and functionalities of the Website (in whole or in part);
5.6 Yovada believes that you have provided it with any false, inaccurate or misleading information; or
5.7 Yovada believes that you are in the business of re-selling, promoting the Products or any aspect of the Website for resale or if you are otherwise engaged in all other similar activities.
.8 Upon termination of your Contract with Yovada, your access to the features and functionalities of the Website (in whole or in part) shall cease.
6. YOUR OBLIGATIONS
6.1 You agree that you are solely responsible and liable for all activities on the Website
6.2 You agree you shall not submit to appear on the Website, any review, comment, link or other material whatsoever ('User Submissions') that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
6.2.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.2.2 harass or advocate harassment of another person;
6.2.3 display pornographic or sexually explicit material;
6.2.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
6.2.5 promote any illegal activities;
6.2.6 provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
6.2.7 promote or contain information that you know or believe to be inaccurate, false or misleading;
6.2.8 engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Yovada; or
6.2.9 infringe any rights of any third party.
6.3 You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website, but agree that Yovada may, at its sole discretion, choose to display any User Submission or any part of a User Submission that you make on the Website and hereby grant to Yovada a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
6.4 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any User Submissions that you make to the Website.
6.5 You hereby grant to Yovada a non-exclusive, irrevocable licence to make your User Submissions available to the event organiser and other users of the Website and to edit your User Submissions in the event that Yovada deems it necessary or desirable to do so for any reason.
6.6 If you feel that any User Submission made by the event organisers and/or other users is objectionable, you are encouraged to contact Yovada using the contact details set out. Yovada shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.
6.7 You further agree that at all times, you shall:
6.7.1 not impersonate another person on our website;
6.7.2 not allow any other person to communicate on your behalf;
6.7.3 not use the information presented on the Website for any purposes other than those expressly set out in these Terms;
6.7.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
6.7.5 not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
6.7.6 not use any information obtained using the Website otherwise than in accordance with these Terms;
6.7.7 comply with all instructions and policies from Yovada from time to time in respect of the Website;
6.7.8 co-operate with any reasonable security or other checks or requests for information made by Yovada from time to time; and
v6.7.9 use the information made available to you on the Website at your own risk.
6.8 In the event that Yovada, in its sole and absolute discretion, considers that you have breached any of the terms set out, Yovada shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
6.9 Without prejudice to any of Yovada's other rights and remedies, Yovada reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of any of these terms.
7. YOUR CONTRACT WITH THE SELLER
7.1 If you wish to purchase the Product advertised on the Website, you may contact the eventv organiser and finalise the purchase of the Product using the features and functionalities available to you on the Website.
7.2 You acknowledge and agree that Yovada only provides you with the facility to browse the content of the Website, make User Submissions and to purchase the Products from the Seller using the Website. Consequently, you understand that Yovada is not a participant in any way, in the sale and purchase process between you and the event organiser.
7.3 You further acknowledge and agree that your purchase of the Product shall be governed by a contract between you and the event organiser and Yovada shall not be liable in any way and for any reason whatsoever in respect of the contract between you and the event organiser for the purchase of the Product.
7.4 If you are unsure about the terms of the contract between you and the event organiser for the purchase of the Product, Yovada recommends that you seek legal advice prior to your purchase and/or use of the Product.
8. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
8.1 All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral in respect of the Website and the Product, are hereby expressly excluded to the fullest extent permissible by law.
8.2 All information made available to or accessible by you using the Website or in respect of the Product including any User Submission or editorial materials provided by Yovada or any third party are provided 'As Is' without any conditions, warranties, guarantees or terms of any kind and are intended as information only. Such information shall not in any way and for any reason at any time constitute advice of any nature. Consequently, any such information must not be relied on to assist in making or refraining from making a decision or to assist in deciding on a course of action.
8.3 You acknowledge that Yovada shall have no control over the quality, price, or legality of the Products offered including without limitation any of the information provided by the event organisers in respect of the transaction for the sale and purchase of the Product.Accordingly, Yovada shall not be liable to you for any inaccuracies in respect of the information relating to a Product, the price of the Product or your transaction with an event organiser.
8.4.Yovada shall not be liable for any indirect or consequential losses, expectations of a specific nature or anticipated outcome, anticipated savings, loss of management time, loss of profit, loss of data, loss of business and contract, loss of goodwill and reputation or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Website and the contents therein.
8.5 Links to third party websites may appear on the Website. Such third party websites are not the responsibility of Yovada and Yovada accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not endorse the views expressed therein.
8.6 In the event you have a dispute with one or more of the event organisers, you hereby release Yovada from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such disputes.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Yovada and its licensors own all rights in the intellectual property rights relating to the Website.
9.2 You are expressly prohibited from:
9.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images in any format of the Products and submissions in the form of articles and write-ups made available on the Website; and
9.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Yovada and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Yovada or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Yovada.
11.1 If Yovada fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 A waiver by Yovada of any default shall not constitute a waiver of any subsequent default.
11.3 No waiver by Yovada of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.4 All notification and communication to Yovada should be sent to the contact details set out on the Website.
11.5 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
11.6 These Terms represent the entire agreement between you and Yovada in respect of your use of the Website and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
11.7 You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between us except as expressly set out in these Terms.
11.8 These Terms are governed by and construed in accordance with the law of Hong kong.