Below we've listed some of the key points of Terms of Use policy.
Please be certain to read the whole document to fully understand our Terms of Use
in detail.
- We respect your privacy and do not sell or disclose your contact information unless
required by law and as set forth in our Privacy Policy
- Information you upload or post to YePP may be seen by others
- We want your feedback on YePP but if you give it to us you don't own it if we use
it
- No warranties are made by YePP and YePP is not liable for your activities connected
with the site
- YePP can cancel your account if you misbehave
- There are easy ways to reach YePP support if you have questions or need help
terms of use
This site and the firmware and software applications and services available in connection
with this site (the ‘Site’) are made available to you by YePP Rowing
Pty Ltd (‘YePP’) subject to these terms and conditions, including those
set forth in the YePP Privacy Policy (the ‘Terms’). By accessing, using
or downloading any materials from the Site, you agree to follow and be bound by
the Terms, which may be updated by YePP from time to time without notice to you.
You can review the most current version of the Terms at any time at Terms of Use.
YePP and its third party providers may make improvements and/or changes in the products,
services, mobile applications, features, programs, and prices described in this
Site at any time without notice. Certain provisions of the Terms may be supplemented
or superseded by expressly designated legal notices or terms located on particular
pages at this Site.
The Site is not intended for and is not designed to attract children less than 13
years of age. If you do not agree with the Terms, please do not use this Site. BY
CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL
REVISIONS THEREOF.
YePP reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Site or any portion thereof with or without notice.
You agree that YePP shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Site or any portion thereof.
registration
To use the services available on the Site, you must complete the membership registration
form. You agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Site's registration form (‘User Data’)
and (b) maintain and promptly update the User Data to keep it accurate and current.
You agree that YePP may use your User Data to provide services on the Site for which
you have expressed interest. If you provide any information that is inaccurate or
not current, or YePP has reasonable grounds to suspect that such information is
inaccurate or not current, YePP has the right to suspend or terminate your account
and refuse any and all current or future use of the Site. In consideration of your
use of the Site, you represent that you are of legal age to form a binding contract
and are not a person barred from receiving services under the laws of any applicable
jurisdiction.
payments
If you choose to become a Premium member of YePP, you must designate and provide
information about your preferred payment method (e.g. credit card, online payment
service or any other payment method made available by YePP) (‘Payment Method’).
You may switch to a different Payment Method or update your information by visiting
the ‘Account’ page or by contacting us by email at support@yepp.com.au.
You will immediately be charged for your membership fees after you click ‘Submit’
on the confirmation page and your account will be activated to ‘YePP Premium
License’ status for the services you have selected. You agree to pay all membership
fees and other charges incurred in connection with your username and password for
your YePP account.
fees and renewals
You may elect to pay membership fees on a monthly or annual basis. All membership
fees are payable in advance. Membership fees will be billed automatically to the
Payment Method at the start of the monthly or annual period, as applicable, and
will auto-renew until your membership is terminated. The renewal membership fees
will be the same as the initial charges unless you are otherwise notified in advance.
You authorize YePP to charge your Payment Method for the appropriate membership
charges and fees and for any other purchases you elect to make via the Site. YePP
reserves the right to increase membership fees or to institute new fees at any time
upon reasonable notice posted in advance on this Site. Members changing from monthly
to annual memberships will have the annual rates take effect at the beginning of
the next billing date. If you upgrade your membership or add new categories of service
to your account, such changes may result in a new billing date effective upon the
date you elect such upgrade or addition. ALL PURCHASES ARE FINAL AND NO REFUND WILL
BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY RENEWAL MEMBERSHIP PERIOD.
cancellation
You may cancel your Premium membership by visiting your ‘Account’ page
and selecting ‘Downgrade’ or by contacting us by email at support@yepp.com.au.
The cancellation of a membership will go into effect at the end of your current
billing cycle, and you will have the same level of access to the Site through the
remainder of such billing cycle. When your Premium membership ends, your account
will enter ‘YePP Basic’ mode. No refunds or credits will be provided
by YePP upon cancellation. You can renew your subscription at any time without opening
a new account, provided that additional fees may apply if you decide to upgrade
to Premium membership at a later date.
user conduct
You are solely responsible for maintaining the confidentiality of the password associated
with your account and for restricting access to your password and to your computer
while logged into the Site. You accept responsibility for all activities that occur
under your account or from your computer. We endeavour to use reasonable security
measures to protect against unauthorized access to your account. We cannot, however,
guarantee absolute security of your account, your Content or the personal information
you provide, and we cannot promise that our security measures will prevent third-party
‘hackers’ from illegally accessing the Site or its contents. You agree
to immediately notify YePP of any unauthorized use or your account or password,
or any other breach of security, and to accept all risks of unauthorized access
to the User Data and any other information you provide to YePP.
You understand that all information, data, text, software, sound, photographs, graphics,
video, messages, tags, or other materials (‘Content’), whether publicly
posted or privately transmitted, available in connection with the Site are the sole
responsibility of the person from whom such Content originated. This means that
you, and not YePP, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Site. YePP does not control
or monitor the Content posted to the Site by others and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by using
the Site, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will YePP be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available on the Site.
You agree to not use the Site to: (a) upload, post, email, transmit or otherwise
make available any Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in
any way; (c) impersonate any person or entity, including, but not limited to, a
YePP official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise
make available any Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships; (e) upload, post, email,
transmit or otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party; (f) upload, post,
email, transmit or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, ‘junk mail,’ ‘spam,’ ‘chain
letters,’ ‘pyramid schemes,’ or any other form of solicitation;
(g) upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment; (h) interfere with or disrupt the Site or servers
or networks connected to the Site, or disobey any requirements, procedures, policies
or regulations of networks connected to the Site; and/or (i) intentionally or unintentionally
violate any applicable local, state, national or international law.
You specifically agree not to access (or attempt to access) the Site or the Content
through any automated means (including the use of any script, web crawler, robot,
spider, or scraper), and that you will not forge or manipulate identifiers in order
to disguise the origin of any access (or attempted access) to the Site. You acknowledge
that YePP may or may not pre-screen or monitor Content, but that YePP and its designees
shall have the right (but not the obligation) in their sole discretion to pre-screen,
monitor, refuse or remove any Content that is available via the Site. Without limiting
the foregoing, YePP and its designees shall have the right to remove any Content
that violates the Terms or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content available in connection
with the Site, including any reliance on the accuracy, completeness, or usefulness
of such Content.
You acknowledge, consent and agree that YePP may access, preserve and disclose your
User Data, Payment Method information and other Content if required to do so by
law or in a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond
to claims that any Content violates the rights of third parties; (d) respond to
your requests for customer service; or (e) protect the rights, property or personal
safety of YePP, its users and the public. Subject to the foregoing, YePP will use
reasonable efforts to maintain the confidentiality of your User Data and Payment
Method information.
The Site is for your personal and non-commercial use. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer or sell for any commercial purposes any portion of the Site,
use of the Site or access to the Site. You understand that use of certain features
of the Site may require you to purchase third party equipment or materials. While
YePP may recommend the equipment or materials of certain third party suppliers,
YePP shall have no responsibility for your acquisition or use of any third party
equipment or materials and does not guarantee that third party equipment or materials
will function with the Site or will be error-free.
content submitted to the site
YePP does not claim ownership of Content you may submit or make available for inclusion
on the Site. However, with respect to Content you submit or make available for inclusion
on the Site (other than User Data or Payment Method information), you grant YePP
a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as
applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display and otherwise exploit such Content on the Site for the purposes of providing
and promoting the Site and the features and services available on the Site, and
for analysis and construction of algorithms which may be used by YePP.
The Site may provide you with the option of marking certain Content that you submit
to the Site as private or available only to select users of the Site. If, upon submission
of Content to the Site, you initially elect to mark such Content as private or available
for a limited group of users, YePP will maintain the privacy of such Content in
accordance with your election. However, if you do not elect to mark your Content
as private or available for a limited group of users, or later change such designation
to allow such Content to be made generally available, YePP cannot and does not guarantee
the privacy of such Content.
dealings with third party service providers and advertisers
Third party product and service offerings made available for purchase by you on
the Site are made and offered directly by the applicable third party service provider
or advertiser. When you purchase any such product or service offering through the
Site, you acknowledge that you are contracting directly with the applicable third
party service provider or advertiser and not with YePP. Your correspondence or business
dealings with, or participation in promotions of, third party service providers
or advertisers found on or through the Site, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such third party service
provider or advertiser. Although we are interested in receiving feedback regarding
our third party service providers and advertisers and their products and services,
and may from time to time assist you in your dealings with such third party service
providers and advertisers, YePP is not responsible for the performance or non-performance
of any third party service provider or advertiser. You are in no way obligated to
use or transact business with any particular third party service provider or advertiser
that appears on the Site. YOU AGREE THAT YePP SHALL NOT BE LIABLE FOR ANY LOSS OR
DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD
PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE ON THE SITE.
links
The Site may provide, or third parties may provide, links to other Internet sites
or resources. Because YePP has no control over such sites and resources, you acknowledge
and agree that YePP is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for any Content,
advertising, products or other materials on or available from such sites or resources.
You are granted a limited, non-exclusive right to create a text hyperlink to the
Site, provided such link does not portray YePP or any of its products or services
in a false, misleading, derogatory or otherwise defamatory manner, and provided
further that the linking site does not contain any pornographic, illegal, offensive,
harassing or otherwise objectionable material. You are further granted a right to
implement any RSS feeds located on the Site for your personal, non-commercial use,
solely as described on the Site. We reserve the right to revoke these licenses generally,
or your right to use specific links or RSS feeds, at any time, with or without cause.
interactions with site users
The Site functions as a venue to connect members in a virtual information place.
As a neutral facilitator, YePP is not directly involved in the actual transactions
between members of the Site. As a result, YePP has no control over the truth, accuracy,
quality, legality, or safety of postings made by users of the Site. YePP shall have
no responsibility to confirm the identity of members. YePP shall also have no responsibility
to confirm or verify the qualifications, background, or abilities of users of the
Site. You shall at all times exercise common sense and good judgment when dealing
with any user of the Site.
If you elect to use any of our Site features for informing a friend about our Site
or for emailing a Session or other information to a friend, YePP will require you
to provide your friend's contact information and/or email address. YePP will automatically
send that friend a one-time email. YePP may store the information you provide for
a period of time, provided that YePP will use such information only to identify
if your friend is or later becomes a member of YePP. You represent that you are
authorized to provide any third party email address or other information that you
provide to YePP.
electronic communications
The Site may provide you with the ability to send emails, post messages to user
forums, enter chat rooms, speak via Internet voice connections or send similar messages
and communications to third party service providers, advertisers, other users and/or
YePP. You agree to use communication methods available on the Site only to send
communications and materials related to the subject matter for which YePP provided
the communication method, and you further agree that all such communications by
you shall be deemed your Content and shall be subject to and governed by the Terms.
By using any of the communications methods available on the Site, you acknowledge
and agree that (a) all communications methods constitute public, and not private,
means of communication between you and the other party or parties, (b) communications
sent to or received from third party service providers, advertisers or other third
parties are not be endorsed, sponsored or approved by YePP (unless expressly stated
otherwise by YePP) and (c) communications are not pre-reviewed, post-reviewed, screened,
archived or otherwise monitored by YePP in any manner, though YePP reserves the
right to do so at any time at its sole discretion in accordance with the Terms.
You agree that all notices, disclosures and other communications that we provide
to you electronically shall satisfy any legal requirement that such communications
be in writing.
proprietary rights
You acknowledge and agree that the Site, any necessary software or firmware used
in connection with the Site (if any) and any Content available on the Site contain
proprietary and confidential information that is protected by applicable intellectual
property and other laws. Except as expressly permitted by applicable law or authorized
by YePP or applicable third party service providers or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative works based
on the Site, the software or Content available on the Site (other than Content that
you may submit), in whole or in part.
YePP grants you a personal, non-transferable and non-exclusive right and license
to access and use the Site; provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work from, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Site. You agree
not to access the Site by any means other than through the interface that is provided
by YePP for use in accessing the Site.
The terms ‘YePP’ and ‘sibi’, the YePP and sibi logos and
other YePP or sibi logos and product and service names are the exclusive trademarks
of, and are owned by, YePP Australia Pty Ltd and you may not use or display such
trademarks in any manner without YePP 's prior written permission. Any third party
trademarks or service marks displayed on the Site are the property of their respective
owners. YePP reserves all rights not expressly granted hereunder.
claims of copyright infringement
If you have reason to believe any part of the Content of the Site infringes the
copyrights of others, please notify our Copyright Agent immediately using the contact
information provided below. It is our policy to investigate any allegations of copyright
infringement brought to our attention. We reserve the right in our sole discretion
to immediately suspend and/or terminate access to any Site by any user who is alleged
to have posted infringing materials or a link to infringing materials on the Site
and to immediately remove or disable the allegedly infringing Content or link.
If you are the copyright owner (or are authorized to act on behalf of the copyright
owner), please notify our Copyright Agent immediately if you believe that (a) any
Content displayed on the Site infringes your copyright or (b) any link posted on
the Site links to materials that infringe your copyright. As soon as we receive
your notice of claimed infringement, in the form described below, we will promptly
remove or disable access to the materials that are claimed to be infringing (or
the subject of infringing activity) and then begin investigating and validating
your information and claim. Your notice must be in writing and must include the
following: a description of the copyrighted work you believe has been infringed
(or if you believe multiple copyrighted works have been infringed, a representative
list); a description of the material you believe is infringing or the subject of
infringing activity, together with enough information to permit us to locate the
material on the applicable Site; enough information to permit us to contact you,
such as, your name, address, telephone number and, if available, email address;
a statement that you have a good faith belief that the allegedly infringing use
of the material was not authorized by the owner of the exclusive right that is allegedly
infringed (the ‘copyright owner’), an agent for the copyright owner,
or by law; a statement that all of the information you have provided is accurate;
and a statement, made under penalty of perjury, that you are the copyright owner
or are authorized to act on behalf of the copyright owner.
Your notice must be signed (physically or electronically) and must be addressed
as follows:
Copyright Agent
c/o YePP Rowing Pty Ltd
PO Box 2098
PRAHRAN, Victoria 3181
AUSTRALIA
email: support@yepp.com.au
your feedback
We welcome your comments, feedback, suggestions, and other communications regarding
the Site and the information and services we make available through the Site (collectively,
‘Feedback’). While you are not obligated to provide Feedback, in the
event that you provide Feedback, you hereby grant to YePP a worldwide, non-exclusive,
transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free
license to copy, distribute, create derivative works of, publicly display and perform
and otherwise exploit such Feedback and to use, make, have made, sell, offer for
sale, import and export products and services based on such Feedback. For this reason,
we ask that you not send YePP any Feedback that you do not wish to license to us
as set forth above.
disclaimer of warranties and liability
THE INFORMATION, SOFTWARE, FIRMWARE, APPLICATIONS, PRODUCTS, SERVICES AND CONTENT
AVAILABLE ON THE SITE ARE PROVIDED TO YOU ‘AS IS’ AND WITHOUT WARRANTY.
YePP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE,
FIRMWARE, APPLICATIONS, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION,
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT. YePP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE
WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS; AND(e) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT YePP IS NOT PROVIDING MEDICAL ADVICE VIA THE SITE. THE
CONTENT PROVIDED THROUGH THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS,
GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED
BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD
NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS,
(b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS,
OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU
HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE
PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR YOUR LOCAL
EMERGENCY NUMBER - eg 000, 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE
OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE,
AND YOU SHOULD NOT USE THE SITE OR ANY CONTENT ON THE SITE FOR DIAGNOSING OR TREATING
A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART,
OR COMMUNICATION VIA THE INTERNET, EMAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE
A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP
BETWEEN YOU AND YePP.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE CONTENT YOU
POST OR SEEK TO POST ON THE SITE (INCLUDING BUT NOT LIMITED TO ROWING) CARRY CERTAIN
INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT
YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES
EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF YePP OR
BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT YePP
DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR
CONDUCT OF ANY RACE, CONTEST, GROUP ROW OR EVENT, THAT UTILISES YePP’s SITE.
YOU EXPRESSLY AGREE TO RELEASE YePP, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS,
REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE ‘RELEASED PARTIES’)
FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE
NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES
ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL
THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SITE, (b) YOUR USE OR MISUSE OF
EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY YePP WHILE ENGAGED IN ATHLETIC ACTIVITIES,
(c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH
THE SITE, (d) ANY DELAY OR INABILITY TO USE THE SITE EXPERIENCED BY YOU, (e) ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SITE,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF YePP HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
indemnity
You agree to indemnify and hold YePP and its subsidiaries, affiliates, officers,
agents, representatives, employees, partners and licensors harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of Content you submit, post, transmit or otherwise seek to make available
through the Site, your use of the Site, your athletic activities which generate
the Content you post or seek to post on the Site (including, but not limited to,
athletic activities in connection with any contests, races, group rides, or other
events which YePP sponsors, organizes, participates in, or whose Site is used in
connection with), your connection to the Site, your violation of the Terms, or your
violation of any rights of another person or entity.
termination
You agree that YePP may, under certain circumstances and without prior notice, immediately
terminate your account and/or access to the Site. Cause for such termination shall
include, but not be limited to, (a) breaches or violations of the Terms or other
incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Site (or any portion thereof), (e)
unexpected technical or security issues or problems, (f) extended periods of inactivity,
and/or (g) non-payment of any fees owed by you in connection with the Site.
Termination of your account may include (x) removal of access to all offerings within
the Site, (y) deletion of your information, files and Content associated with or
inside your account, and (z) barring of further use of the Site. Further, you agree
that all terminations for cause shall be made in YePP's sole discretion and that
YePP shall not be liable to you or any third party for any termination of your account
or access to the Site.
applicable laws
This Site is controlled by YePP from its offices within Victoria, Australia. YePP
makes no representation that the Content in the Site, or the Site are appropriate
or available for use in other locations, and access to them from territories where
their content or use is illegal is prohibited. Those who choose to access this Site
from locations outside of Australia do so on their own initiative and are responsible
for compliance with applicable local laws.
You may not use or export the Content in violation of Australia’s export laws
and regulations. Any action related to the Site, the Content or the Terms shall
be governed by Victorian law and controlling Australian federal law, without regard
to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction
and venue in the state and federal courts located in Victoria, Australia for any
legal proceedings related to the Site or the Terms.
If any party hereto brings any suit or action against another for relief, declaratory
or otherwise, arising out of these Terms, the prevailing party will have and recover
against the other party, in addition to all court costs and disbursements, such
sum as the court may adjudge to be reasonable attorneys' fees. Except to the extent
prohibited by applicable law, the parties agree that any claim or cause of action
arising out of or related to use of the Site or the Terms must be filed within one
(1) year after such claim or cause of action arose or be forever barred. Your obligations
to YePP as set forth in the agreed Terms and Conditions shall survive termination
of your account and/or the Terms.
general
You agree that no joint venture, partnership, employment or agency relationship
exists between you and YePP as a result of the Terms or your use of the Site. The
Terms constitute the entire agreement between you and YePP with respect to your
use of the Site. The failure of YePP to exercise or enforce any right or provision
of the Terms shall not constitute a waiver of such right or provision. If any provision
of the Terms is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavour to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Terms
remain in full force and effect. You may not assign, delegate or otherwise transfer
your account or your obligations under these Terms without the prior written consent
of YePP. YePP has the right, in its sole discretion, to transfer or assign all or
any part of its rights under these Terms and will have the right to delegate or
use third party contractors to fulfil its duties and obligations under these Terms
and in connection with the Site. YePP's notice to you via email, regular mail or
notices or links on the Site shall constitute acceptable notice to you under the
Terms. A printed version of the Terms and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or relating
to the Terms to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. Section
titles and headings in the Terms are for convenience only and have no legal or contractual
effect. Any rights not expressly granted herein are reserved.
support and questions
We will provide support to you related to the Site via the following methods:
- website : http://www.yepp.com.au
- email : support@yepp.com.au
We strive to respond to support requests within 48 hours after the request is placed.
If you have any questions regarding these Terms, please contact us by email at support@yepp.com.au
sibi - see it believe it