PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APP
The term "Yapp", "us",” "we" or "our", refers to KNDY’S Ltd. [internal note: the use of "LTD." can be made only after the registration of the company. As already stated, please note that there already exists an application under the name of "Yapp". There is also a company registered in Israel under that name – "Yapp Furniture Ltd."], the owner of the App (as defined below). The term " you" refers to the User (as defined below), whether by way of, viewing, selling or buying.
License to Use
The App and Services are designated to private persons only. The use of the App and Services by businesses through the App is prohibited.
Yapp prohibits the direct or indirect use of automated software in order to post Content on the App.
From time to time, an upgrade to the latest version of the App may be required in order to make use of the Services or to take advantage of new features of the Services.
For the purposes hereof:
How does the App work?
The App is intended to allow you to make offers to buy (for the intent of buying) Goods from a particular Seller and to offer Goods for sale (for the intent of selling), and interact while using the Chat for such purpose only.
Unless otherwise determined by Yapp, the Yapp User Account is created via your Facebook account, Phone, Google Account.
One you post a photograph of the goods you wish to sell, the App will automatically identify the goods and will create a description thereof ("App Description"). You may correct any inconsistencies or otherwise modify the App Description. In addition, you may replace the App Description by posting your own description of the Goods ("User Description").
The identification of the Goods is done by Yapp through the use of technology provided by third party suppliers. Yapp may from time to time replace such suppliers at its sole discretion and without notice.
2.1 Your Yapp User Account: Our Services require you to open a user account (" User Account"). In order to do that you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.
You are solely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Yapp immediately of any unauthorized use of your account or any other breach of security. Yapp will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Yapp or another party due to someone else using your account or password. You may not use anyone else's User Account without the permission of the User Account holder.
Your User Account will include a section in which we will offer you products and/or services we believe you may be interested in, based on your use of the App.
Please see also Section 6 below with respect to goods which are prohibited from being offered for sale thorough the App and/or Services.
2.5 Chat: A Buyer may choose to chat with any Seller through the Chat.
You are solely responsible for the interaction you establish with other Users of the App and Services.
You acknowledge and agree that Yapp will not, under any circumstances, be held liable for your conduct and/or for the conduct of other Users.
You hereby agree (i) to use the Chat for the sole purpose of negotiating, purchasing, and/or selling the price of Goods, and (ii) to adhere to and comply with the provisions of Sections 7 and 8 below while using the Chat, App and/or Services.
2.6 Price and Payment: In consideration for the Goods, the Buyer shall pay the Seller the Price, in accordance with the form and means of payment as determined between the specific Seller and Buyer. Payment cannot be performed through the App as the App and Services does not support any means of payment, and thus shall be performed in a manner exterior to the App and Services.
2.7 Tax: It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Yapp is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
2.8 Dispute between Users: Any dispute and/or claim that may arise between Users shall be settled by and between such Users.
Yapp shall not be responsible or liable, either directly or indirectly, for any dispute and/or claim between Buyers and Sellers with respect to the Goods, the buying and selling thereof, or otherwise.
You may opt-out of the Services at any time, by hitting the "uninstall" button after accessing the App on "My apps".
Yapp prohibits the sale of any goods that are illegal and/or illegal for sale under any law, statue, regulation or ordinance which may be applicable locally and/or worldwide.
Without derogating from the generality of the above, the following types of goods are strictly prohibited from being offered for sale through the App and/or Services:
The above list is not a closed list. Yapp may amend such list at any time and/or choose to remove any offer to sale Goods if any such offer is considered by Yapp as inappropriate or unfit for posting and/or sale through the App and Services, whether based on input from other Users and/or based on our own discretion.
8.1 You may not do any of the following while accessing or using the App and the Services:
You may, however, print a copy of individual screens appearing as part of the App solely for your personal, internal, non-commercial, or non-profit use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens;
8.3 WE RESERVE THE RIGHT AT ALL TIMES (BUT WILL NOT HAVE AN OBLIGATION) TO REMOVE OR REFUSE TO DISTRIBUTE ANY CONTENT ON THE APP AND/OR TO TERMINATE YOUR YAPP ACCOUNT, AT ANY TIME, WITHOUT NOTICE AND AT OUR SOLE DISCRETION.
The App may enable access to certain third party web sites ("External Sites").
Use of External Sites may require Internet access and additional terms of service, which you accept.
You understand that by using any of the External Sites, you may encounter content that may be deemed offensive, indecent, or objectionable, and which may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to such offensive, indecent or objectionable material.
By using the External Sites, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of the External Sites, and that we shall not have any liability or responsibility to you or any other person with regard to any content in the External Sites, including (but not limited to) content that may be found to be offensive, indecent, or objectionable.
We do not warrant or endorse any advertising, products or other materials on or available from such External Sites and are not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such External Sites.
In addition, External Sites that may be accessed from the App are not available in all languages or in all countries.
We make no representation that such External Sites are appropriate or available for use in any particular location. To the extent you chose to access such External Sites, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
We reserve the right, at any time and from time to time, without liability to us or notice, to change, suspend, remove, or disable your access to any External Services, and/or to impose limits on your use of, or access to, certain External Services.
Special caution relating to location data
Location data provided, whether by any External Sites or as integral part of the App, is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. Location data may not be accurate. Neither we, nor any of our licensors', guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any External Site or as integral part of the App.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND YAPP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND/OR THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY, RELIABILITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE.
Yapp does not warrant against interference with your enjoyment of the App and/or Services, that the App and/or Services will meet your requirements, that the operation of the App and/or Services will be uninterrupted or error-free, that defects in the App and/or Services will be corrected, that the App and/or Services will be free from corruption, attack, viruses, interference, hacking, or other security intrusion.
Any material accessed, downloaded or otherwise obtained through the use of the App and/or Services, are accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your Internet access or loss of data that results from the download of any such material.
Yapp makes no guaranty of confidentiality or privacy of any communication or information transmitted through the use of the App and/or Services.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL YAPP, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND/OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (B) LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION; OR ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (I) YOUR ACCESS TO OR USE, INABILITY TO USE, OR RELIANCE ON THE APP THE SERVICES, THE GOODS, AND/OR ANY EXTERNAL SITE, (II) ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE GOODS, AND/OR IN ANY CONTENT INCLUDED IN THE APP WHICH IS FALSE OR WHICH CONSTITUTES PASSING-OFF, (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP AND/OR ON THE CHAT, (IV) OR ANY OTHER MATTER RELATING TO THE APP, SERVICES AND/OR CHAT, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF YAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, AND/OR (C) FOR ANY THIRD PARTY CLAIMS AGAINST YOU.
IN ADDITION, ALL RESPONSIBILITY OR LIABILITY OF YAPP, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND/OR AGENTS FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS IS HEREBY DISCLAIMED.
IN NO EVENT SHALL THE TOTAL LIABILITY OF YAPP, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, TO YOU AND/OR TO ANY THIRD PARTY, FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS (U.S. $50.00).
Any cause of action by you with respect to the App and/or Services, must be instituted within one (1) year after the cause of action arose.
Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so the limitations above may not apply to you.
You hereby acknowledge that the App as a whole constitutes an original work of authorship of Yapp, and that all rights, ownership, title and interest in and to the App (excluding Content and Advertisements), including, but not limited to, the compilation, collection, selection, assembling, organization, coordination and arrangement of the Content (whether or not such Content is protected by copyright, or by any other intellectual property rights) within the App, and the related instructions, databases and technology embedded therein or upon which it is based, and the related patent rights, copyrights, trade secrets, trademarks and all other related intellectual property rights - are and shall remain the sole and exclusive property of Yapp.
The App and the Services contain proprietary information and material and trade secrets that are owned by Yapp, and are protected by applicable intellectual property and other laws, including but not limited to copyright.
All copyrights in and to the App and App Descriptions posted by Yapp, are owned solely and exclusively by Yapp (and/or by its licensors), who reserve all their rights in law.
15.1 Facebook™ and any logos, artwork and trademarks associated therewith is/are the property of Facebook Inc. and any logos, artwork and trademarks associated therewith is/are the property of Google Play™, Android™ and any logos, artwork and trademarks associated therewith is/are the property of Google Inc. (" Google"). Apple™, App Store™, iPhone™ and any logos, artwork and trademarks associated therewith is/are the property of Apple Inc.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your post has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) 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; (iii) your contact information, including your address, telephone number, and an email address; (iv) your statement that you have 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 (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner, and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion.
If you believe that any Content infringes upon your intellectual property rights, you should notify us as set out in Section 22 below.
You agree that any remarks, ideas, feedback, comments, suggestions or any other information that you may provide to Yapp (collectively, a "Submission"), is entirely voluntary, and that Yapp will be free to use any such feedback, comments or suggestions as Yapp will see fit, without any obligation or compensation to you or any other person sending the Submission. Yapp will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, and you hereby irrevocably assign to Yapp all rights therein. Yapp will טare responsible for whatever material you submit, and will have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
By using the App, you represent and warrant that (i) you are not located in any 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 that (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
Yapp's corporate offices are located at Rotschild BLV Tel Aviv Israel
Any questions, complaints, claims or other communication to Yapp concerning the Services should be directed to: firstname.lastname@example.org.
We may send you notices with respect to the App by email, regular mail, or postings on the App, or by any other means reasonably designed to give you such notice.
All communications between Yapp and you shall be in the English language only.
* * *
Last updated: June 6, 2017