Thank you for choosing Ylore to help explore the world around you.
AGREEMENT TO OUR LEGAL TERMS
We are AEGIS 24-7, INC., doing business as AEGIS 24/7 (“Company,” “we,” “us,” “our”), a company registered in Delaware, United States at 254 Chapman Rd, Ste 208 #9494, Newark, DE 19702. Ylore and Ylore Travel are trademarks operated by Us.
We operate the website www.yloretravel.com (the “Website”) and the Ylore mobile application (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”). The App and Website can operate as an integrated platform (the “Platform”) or be accessed and/or used independently of each of each other.
You can contact us by email at hello@yloretravel.com, or by mail to 254 Chapman Rd, Ste 208 #9494, Newark, DE 19702, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and AEGIS 24-7, INC., concerning your access to and use of the App and/or Website.
Use of the Services
You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
8 ACCOUNT
7. MODIFICATIONS AND INTERRUPTIONS
8. USER GENERATED CONTRIBUTIONS
11. INTELLECTUAL PROPERTY RIGHTS
15. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION
19. ACTIVITY RELATED LIABILITIES
23. CALIFORNIA USERS AND RESIDENTS 22
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. AGREEMENT TO TERMS
Please read these Terms of Service (“Terms”) carefully. By accessing the App and/or Website by AEGIS 24/7 and any related services, constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and AEGIS 24/7 (“Company,” “we,” “us,” or “our”), concerning your access to and use of the App, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.
These Terms will govern the relationship between you and AEGIS 24/7 regarding your installation and use of the App and Website. These Terms include by reference the AEGIS 24/7 Privacy Policy (“Privacy Policy”). If there is any inconsistency between these Terms and the Privacy Policy, these Terms will prevail, to the extent of the inconsistency only.
If you are obtaining a license on behalf of an organization, you confirm that you have the authority to bind the organization and that the organization will be bound by these Terms, and the term “you” shall then refer to you and your organization. If you do not agree to all of these Terms, do not use this App or services and immediately uninstall the application.
These Terms apply exclusively to your access to, and use of, the App and Website and the information and other services provided therein, and to your use of the App and Website accessed through your mobile device or web browser. Ylore is owned and operated by Aegis 24-7 Inc., trading as AEGIS 24/7, located at 254 Chapman Rd, Ste 208 #9494, Newark, DE 19702, United States of America.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with AEGIS 24/7, or its subsidiaries or affiliates, for products, services or otherwise.
The information provided on the App and/or Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App and/or Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The App and Website has not been structured to comply with industry-specific regulations, so if your interactions would be subjected to such laws, you may not use the App or Website.
You agree that by accessing the App and Website, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY AND DELETE THE APP OR WEBSITE.
AEGIS 24/7 reserves the right to change or modify any of the Terms contained in this agreement, or any policy or guideline, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting to the App, website or email services. If you have submitted a valid and accessible email address, as part of the App account creation, you will be notified by email of any updates to our Terms. Your continued use of the App and/or Website following the posting of its changes or modifications, will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and applicable policies from time-to-time to understand the terms that apply to your use of the App and/or Website. If you do not agree to the amended terms, you must stop using and delete the App and/or Website.
3. THE YLORE PLATFORM
The Platform, inclusive of cloud services, technology, data, information, programs, material and other content, AEGIS 24/7 makes accessible to you in the App and/or Website. Features and access may differ between platforms. The app is available through the Apple Store or Google Play, on cell phone and internet connected devices owned or controlled by you. The Site is available on a web browser connected to the World Wide Web.
AEGIS 24/7 reserves the right to make changes to the App and Website in its sole discretion from time to time, including the functionality, performance, user interface, usability, resolve bug issues which impede functionality or performance, and the service description published on the Apple Store or Google Play store or that AEGIS 24/7 provides to you (Services Description), and you agree that these Terms will apply to any changes or updates to the App. It is at your discretion to update the App, however we recommend that you update the App to ensure access to the latest features, functionality and resolve any identified bug issues. AEGIS 24/7 will notify you of any change to the App (other than No-Charge Services) that reduces its functionality or features in any material respect or if it limits or discontinues any feature that is not replaced by a substantially equivalent function or feature. If AEGIS 24/7 has notified you under this section and you disagree with the changes made, you may terminate the App upon providing notice to AEGIS 24/7 within 30 days after the date of such notice and AEGIS 24/7 will refund any prepaid, unused Fees, exclusive of applicable taxes, in respect of any terminated In App Purchases. Nothing in this section limits AEGIS 24/7’s ability to discontinue any feature or function or to make changes, as required to comply with applicable law, address a material security risk, or avoid a substantial economic or technical burden on the App or Website..
4. LICENSE
USE LICENSE
If you access the App and/or Website we grant you a revocable, non-exclusive, non-transferable, limited right to install the APP and use the App and/or Website on electronic devices owned or controlled by you, and to access and use the App and/or Website on such devices strictly in accordance with the terms and conditions of the mobile application license contained in these Terms.
APPLE AND ANDROID DEVICES
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the App:
- The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
- We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application
- In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund any IAP purchases, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties
- You must comply with applicable third-party terms of agreement when using the mobile application,
- You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.
5. PROHIBITED ACTIVITIES
You may not access or use the App and/or Website for any purpose other than that for which we make the App and Website available. Access and use of is limited, non-transferable and allows for the sole use of the application and website by you. The App and/or Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing. Unless permitted by law or as otherwise expressly permitted in these Terms, you must not (nor may you authorise any third party to):
- Rent, lease, distribute, license, sublicense, sell, transfer, assign, distribute or otherwise provide access to the App, Website and Services to a third party
- You will not use the Service in a manner that violates third party service agreements including cloud-based services, which are used by AEGIS 24/7, to provide the Services to you.
- Reproduce, modify, adapt, or create derivative works or remove or tamper with any disclaimers or other legal notices in the App or Website
- Make the App or Website available over a network or other environment permitting access or use by multiple devices or users at the same time
- Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App or Website
- Incorporate the App or Website into any service that you provide to a third party
- Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App or Website
- Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App or Website.
- Use the App and/or Website to provide services, or to create a service that competes with the Platform.
- Use the App or Website for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended or endorsed by AEGIS 24/7 in writing.
- Systematically retrieve data or other content from the App and/or Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the App or Website at the sole discretion of AEGIS 24/7 without notice and may result in suspension or termination of your account. Appropriate legal action may be taken by AEGIS 24/7 for any illegal or unauthorised use of the App and/or Website.
- You agree that the creation of tours solely for the purpose of signposting people to other competitor Apps or Websites or electronic platforms, is prohibited and it is at the sole discretion of AEGIS 24/7 without notice and may result in suspension or termination of your account. Appropriate legal action may be taken by AEGIS 24/7 for any illegal or unauthorised use of the App and/or Website.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the App and/or Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or Website or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App and/or Website.
- Use the App and/or Website to “stalk”, harm or otherwise harass anyone as applicable to the definition in your jurisdiction.
- Use the App and/or Website to collect personal data about others for unlawful purposes.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the App and/or Website in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the App and/or Website.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App and/or Website, or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App and/or Website.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Use the App and/or Website to impersonate a third party, load or integrate the App and/or Website into a third party’s mobile device or website, without their permission.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
- Interfere with, disrupt, or create an undue burden on the App and/or Website or the networks or services connected to the App and/or Website.
- Harass, annoy, intimidate, or threaten any of our employees, agents or organizations we hold commercial agreements with, in providing any portion of the App and/or Website to you.
- Attempt to bypass any measures of the App and/or Website, designed to prevent or restrict access, or any portion of the Platform..
- Copy or adapt the App’s and/or Websites software or code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App and/or Website, or otherwise seek to obtain or derive the source code or API.
- Use a buying agent or purchasing agent to make purchases on the App and/or Website
- Make any unauthorized use of the App and/or Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the App and/or website as part of any effort to compete with us or otherwise use the App and/or Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the App and/or Website to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
You must promptly notify AEGIS 24/7 in writing of any breach of the above conditions of use at support@yloretravel.com.
You are solely responsible for ensuring that your mobile devices and systems are compatible with the App and Services and they meet any minimum technical requirements specified on the Apple store or Google Play, and your web browser.
6. ACCOUNT
In order to access Ylore content, you can access the Apple Store or Google Play, download the app and then create an account through the App (the ‘Account’) or create an account on the Website.
MINORS
If you are under the age of 13 years, you may not create an account. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
- Exercise supervision over the Minor’s use of their Ylore account;
- Assume all risks associated with the Minor’s use of their Ylore account, including the transmission and submission of content or information to and from third parties;
- Assume liabilities resulting from the Minor’s use of their Ylore account;
- Ensure the accuracy and truthfulness of all information submitted by the Minor; and
- Provide the consents contained in these Terms on behalf of the Minor.
ACCOUNT
USER REPRESENTATIONS
By using the App and/or Website, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete
- You will maintain the accuracy of such information and promptly update such registration information as necessary
- You are the owner of any content that you post or share content on the App and/or Website, or you have the owner’s permission to contribute.
- You have the legal capacity and you agree to comply with these Terms
If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right and at our discretion to suspend or terminate your account and refuse any and all current or future use of the App and/or Website.
ACCOUNT CREATION
As part of the account creation process, or as part of your continued use of the App and/or Website, you may be required to provide personal information about yourself (such as identification or contact details), which is accurate and up to date, including but not limited to:
- Full name
- Cell phone number
- Email address
- Password
This also includes information provided through Social Logins including Apple and Google. Once you have completed the account creation process, you will be a registered member (‘Member’) of the App and/or Website and agree to be bound by the Terms.
You may not use the App and/or Website and may not accept the Terms if:
- You are not of legal age to form a binding contract with AEGIS 24/7.
- If you are 13 years of age or older but under the age of 18, you have NOT reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms.
- You are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.
Your obligations as a Member. As a member, you agree to comply with the following:
- You will use the App and/or Website only for purposes that are permitted by:
- Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in immediate cancellation of the App, Website and Services;
- Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify AEGIS 24/7 at support@yloretravel.com of any unauthorized use of your password or email address of any breach of security of which you are aware.
NO CHARGE SERVICES
AEGIS 24/7 may offer to you in the App, Website or via email, offers at no charge, for features including but not limited to In App Purchases, upgrades or trial use of features. Your use of these No-Charge Services is subject to any additional terms that AEGIS 24/7 specifies and is only permitted for the period designated by AEGIS 24/7, or if no such period is designated, 30 days. AEGIS 24/7 may terminate your right to use No-Charge Services at any time and for any reason at AEGIS 24/7’s sole discretion, without liability to you.
IN APP PURCHASES
- On purchase of an In App Purchase (“IAP”), you will be granted a limited, non-sublicensable license to access and use features or service. The IAP includes:
- Selecting the IAP and making payment via the Stripe (“Stripe” payment gateway (www.stripe.com), making payment by debit or credit card which you are authorised to use.
- Selecting the Monthly IAP, in which case you will be billed the applicable Fees monthly in advance on a recurring basis until you elect to cancel the IAP subscription.
- All payments made in the course of your use of the App and/or Website are made using a debit or credit card to which you are authorised to use. In using the App and/or Website or when making any payment in relation to your use of them, you warrant that you have read, understood and agree to be bound by the terms and conditions applicable to Stripe.
- Payment is made in United States Dollars when using the payment gateway, at the rate and currency as specified by Stripe.
- If you dispute any invoice or charge that AEGIS 24/7 has billed you (acting reasonably and in good faith) you must notify AEGIS 24/7 of the dispute without unreasonable delay.
- You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fee and charges, associated with the Services Fee.
- You are responsible for any duties, customs fees, or taxes (other than AEGIS 24/7’s income tax) associated with the supply of the App by AEGIS 24/7 to you, including any VAT, GST or other applicable sales tax, and any related penalties or interest (Taxes), and you will pay AEGIS 24/7 for the Services without any withholding for Taxes. If AEGIS 24/7 is required to collect or pay Taxes, the Taxes will be invoiced to you. You must provide AEGIS 24/7 with any information AEGIS 24/7 reasonably requests to determine whether AEGIS 24/7 is obliged to collect Taxes from you, including your relevant Tax identification number.
- You agree and acknowledge that AEGIS 24/7 can vary the IAP subscription fees at any time, applicable to new monthly subscription billing plans.
- You agree that your mobile cell phone provider may charge you to access the App and/or Website. Liaise with your cell phone provider to learn more about such charges.
RENEWAL OF IAP SUBSCRIPTION
The IAP subscription term commences on the Commencement Date and expires on the Expiry Date. An IAP subscription term will automatically renew for a period equal to the initial subscription term, at the current rate, unless either party elects not to renew the subscription term. IAP subscription charges will automatically recur monthly until canceled.
CANCELING AN IAP
For Apple store and Google Play customers, if you want to cancel your IAP, you must cancel it at least 24 hours before the end of the subscription term. When you cancel an IAP subscription part way through a subscription term, you will still be able to use your IAP subscription for the time period you have already paid.
SUSPENSION OF SUBSCRIPTION
AEGIS 24/7 may suspend the App and/or Website, including any of your Accounts immediately, or terminate your subscription in whole or part, if:
- You are in material breach of these Terms, notwithstanding any cure of such breaches;
- You have failed to pay any IAP subscription fees within sixty (60) days after the relevant due date;
- You infringe AEGIS 24/7’s Intellectual Property Rights; or
- Your use of the Services breaches any applicable law or any of the AEGIS 24/7’s Policies.
AEGIS 24/7 will notify you of any suspension where you have submitted a valid and accessible email address as part of your account creation, to the App. If AEGIS 24/7 suspends your use of the App pursuant to its rights under this Agreement: AEGIS 24/7 will continue to charge you Fees during the suspension period and you must pay any outstanding Fees prior to AEGIS 24/7 resuming the provision of the App; and AEGIS 24/7 will only resume provision once you have cured (to AEGIS 24/7’s reasonable satisfaction) the matter that caused the suspension.
TERMINATION
The Terms will continue to apply when you use the App and/or Website, or until terminated by either you or by AEGIS 24/7 as set out below.
- AEGIS 24/7 may at any time, terminate the Terms with you if:
- You have breached any provision of the Terms or intend to breach any provision
- AEGIS 24/7 is required to do so by law
- The provision of the app to you by AEGIS 24/7 is, in the opinion of AEGIS 24/7, no longer commercially viable.
- Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App (including blocking certain phone unique handset identifiers), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the App or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.
- If we terminate your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
REFUND OF IAP SUBSCRIPTION
Please contact us at support@yloretravel.com.
STRIPE PAYMENT GATEWAY
You are able to make purchases of premium tours through the Stripe (“Stripe”) payment gateway. Premium tours can only be purchased on the Website. To receive a commission for tours sold in the App and/or Website, you must have a Stripe account linked to your Ylore account. Approval for and maintenance of a Stripe account is at the sole discretion of Stripe. All financial transactions involving Stripe are subject to their Terms and Conditions. AEGIS 24/7 makes no guarantee Stripe will be available at all times, including the need to perform maintenance, interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the payment gateway at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use Stripe. Nothing in these Terms will be construed to obligate us to maintain and support Stripe or to supply any corrections, updates, or releases in connection therewith. For more information see Stripe at www.stripe.com.
7. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the App and/or Website at any time or for any reason at our sole discretion and without notice. However, we have no obligation to update any information on our App and/or Website. We also reserve the right to modify or discontinue all or part of the App and/or Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance on the App and/or Website.
We cannot guarantee the App and/or Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App and/or Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App and/or Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App and/or Website during any downtime or discontinuance of the App and/or Website. Nothing in these Terms will be construed to obligate us to maintain and support the App and/or Website or to supply any corrections, updates, or releases in connection therewith.
8. USER GENERATED CONTRIBUTIONS
The App and/or Website enables members to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us and other users of the App and/or Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively known as, “Contributions“). The App and/or Website also allows you to contribute to, or participate in reviews and other functionality. Contributions may be viewable by other users of the App and/or Website. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, and other users of the App and/or Website to use your Contributions in any manner contemplated by the App and these Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the App and/or Website and these Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable. It is at the sole discretion of AEGIS 24/7 what is defined as objectionable.
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those Terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.
- Any use of the App and/or Website in violation of the foregoing, violates these Terms and may result in, among other things, termination or suspension of your access to use the App and/or Website.
Minimum standards for tours listed for a fee apply. We want people who pay for and undertake tours, to have a great experience. By listing a tour for a fee on the App and/or Website, you agree to minimum standards including but not limited to: (1) The locations detailed in the tour have been attended in the real world by you or your agent (2) Points of Interest and Pop Up locations are accurately detailed on the online map (3) The content you provide for Points of Interest and Pop Ups is accurate (4) Content is not plagiarised. Copyright and intellectual property rights apply. If minimum standards are not adhered to this may result in your suspension or termination/blocking from the App and/or Website. It is at the sole discretion of AEGIS 24/7 what constitutes the standards that apply to each point.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the App and/or Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the App. You are solely responsible for your Contributions to the App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us, regarding your Contributions. We have the right, in our sole and absolute discretion:
1. To edit, redact, or otherwise change any Contributions
2. To re-categorize any Contributions to place them in more appropriate locations on the App and/or Website
3. Pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
AEGIS 24/7 uses content filtering algorithms to screen content that may violate our Terms. If your Contribution is deemed inappropriate incorrectly, please contact us at support@aegis-247.com so we can conduct a review.
10. REVIEWS
We may provide you areas in the App and/or Website to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have firsthand experience with the content or tour being reviewed;
- Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language
- Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability
- Your reviews should not contain references to illegal activity
- You should not be affiliated with competitors if posting negative reviews
- You may not post any false or misleading statements
- You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
11. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the App and/or Wesbite is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App and/or Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the App and/or Websiye and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
AEGIS 24/7, Ylore, the App and/or Website, the logo and any other product or service name or slogan contained on the App and/or Website are trademarks of AEGIS 24/7, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AEGIS 24/7. The material on the App and/or Website is protected by copyright under the laws of the United States and through international treaties. You may not use any metatags or any other “hidden text” utilizing “AEGIS 24/7” or any other name, trademark or product or service name of AEGIS 24/7 without our prior written permission. In addition, the look and feel of the App and/or Website and graphical user interface of the App and/or Website, including, but not limited to, all page style, custom graphics, videos, code, button icons and scripts, is the service mark, trademark and/or trade dress of AEGIS 24/7 and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All trademarks, service marks and trade names are owned, registered and/or licensed by AEGIS 24/7, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a member to:
- Use the App and/or Website pursuant to the Terms
- Download and store the App and/or Website and material contained in the App and/or Website on your mobile phone device.
AEGIS 24/7 retains all rights, title and interest in and to the App and/or Website and all related Services. Nothing you do on or in relation to the App and/or Website will transfer any:
- Business name, trading name, domain name, trademark, industrial design patent, registered design or copyright, or
- A right to use or exploit a business name, trading name, domain name, trademark or industrial design, or;
- A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without written permission of AEGIS 24/7 and the permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way content contained in the App and/or Website for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to those materials freely available or in the public domain.
Provided that you are eligible to use the App and/or Website, you are granted a limited license to access and use the App and/or Website and to download any portion of the Content to which you have properly gained access for.
12. CORRECTIONS
There may be information on the App and/or Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App and/or Website at any time, without prior notice.
13. SUBMISSIONS TO US
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App and/or Website (“Submissions“) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
14. PRIVACY POLICY
AEGIS 24/7 takes your privacy seriously and any information provided through your use of the App are subject to our Privacy Policy, which is available at www.yloretravel.com/privacypolicy. By using the App and/or Website you agree to be bound by our Privacy Policy. Please be advised the App and/or Website is hosted in the United States. If you access the App and/or Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the App adn/or Website, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
15. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
NOTIFICATIONS
We respect the intellectual property rights of others. If you believe that any material available on the App and/or Website infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted the material addressed in the Notification. Please be advised that pursuant to United States federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the App and/or Website infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the App are covered by the Notification, a representative list of such works on the App.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
COUNTER NOTIFICATION
If you believe your own copyrighted material has been removed from the App and/or Website as a result of a mistake, misidentification, or automated content filtering you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located
- A statement that you will accept service of process from the party that filed the Notification or the party’s agent
- Your name, address, and telephone number
- A statement under penalty of perjury applicable to your jurisdiction, that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Brett Williams
Attn: Copyright Agent
254 Chapman Rd
Ste 208 #9494
Newark
DE 19702
United States of America.
support@yloretravel.com
16. DISPUTE RESOLUTION
These Terms and your use of the App and/or Website shall be governed by and construed in accordance with the laws of the United States of America and the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware (even if your use is outside of the State of Delaware), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the App and/or Website or these Terms shall be filed only in the state and federal courts located in New Castle, Delaware and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. The requirements in this paragraph shall not apply where and to the extent they are prohibited by the local law in the country where you live.
INFORMAL NEGOTIATIONS
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
BINDING ARBITRATION
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Miami-Dade, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New Castle County, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms.
In no event shall any Dispute brought by either Party related in any way to the App and/or Website be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
RESTRICTIONS
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
- Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party
- Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
- Any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
17. DISCLAIMER
THE APP AND/OR WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP ND/OR WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’s CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APP ND/OR WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP ND/OR WEBSITE.
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP.
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP ND/OR WEBSITE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP ND/OR WEBSITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP ND/OR WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. ACTIVITY RELATED LIABILITIES
You (and any other person for whom you made a booking for a tour or activity (a “Co-Traveller”)) agree and understand that tours and activities are created by Suppliers, not by Ylore. Suppliers are independent third parties that are not under the control of Ylore. In the event that you or a Co-Traveller is injured, killed, or suffers a loss during or in connection with a tour or activity (an “Injury Incident”), you agree to seek compensation directly from the creator that provided the tour or activity, not from Ylore or its affiliates, subsidiaries, distribution partners, or their respective officers, directors, employees and agents (the “Ylore Parties”).
Navigation, time estimates and distances in the App are for informational purposes only and should not be construed as accurate. You should not rely on this information solely. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of incidents that result in a loss.
YOU, ON BEHALF OF YOURSELF AND ANY CO-TRAVELLERS , HEREBY RELEASE THE YLORE PARTIES TO AND FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES, AND LIABILITIES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES), WHETHER OR NOT NOW KNOWN, SUSPECTED, OR CLAIMED, RELATING TO ANY INJURY INCIDENT, WHICH YOU EVER HAD, NOW HAVE, OR MAY IN THE FUTURE HAVE.
California Civil Code section 1542 provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You agree that you have read and understand this language. You specifically and expressly WAIVE any and all rights you may have under California Civil Code section 1542 (or any similar statute) as they relate to the release in this section. You acknowledge and agree that this waiver is an essential and material term of these Terms.
You covenant and agree never to commence, prosecute, or cause, permit, or advise to be commenced or prosecuted against any Ylore Party, any action at law or equity, or other proceedings (including arbitration), based upon any Injury Incident. If any such prohibited action or proceeding is instituted, these Terms may be pleaded as a full and complete defense thereto.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- Your Contributions
- Use of the App and/or Website
- Breach of these Terms
- Any breach of your representations and warranties set forth in these Terms
- Your violation of the rights of a third party, including but not limited to intellectual property rights;
- Any overt harmful act toward any other user of the App and/or Website with whom you connected with via the App and/or Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the App, and/or Website and Services;
- Any direct or indirect consequences of you accessing, using or transacting on the Application, and/or Website or attempts to do so.
21. USER DATA
We will maintain certain data that you transmit to the App and/or Website for the purpose of managing the performance of the App and/or Website, as well as data relating to your use of the App and/or Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App and/or Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS
Visiting the App and/or Website, sending us emails, and completing online forms constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and via the App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Terms and any policies posted by us on the App and/or Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the App and/or Website. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
25. INDEPENDENT LEGAL ADVICE
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
26. SEVERANCE
If any of these Terms are found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
27. CONTACT
If you have any questions, please contact AEGIS 24/7 at hello@yloretravel.com or 254 Chapman Rd, Ste 208 #9494, Newark, DE 19702, United States of America.
Effective
1 September 2024