We are Yolustu, Inc. (“Yolustu,” “Us,” “We,” or “Our”), and we are a platform that helps to define, create and connect a global community of friends and colleagues who not only want to celebrate shared interests, but who also want to minimize cultural, geographic and social divisions between them through online and offline communications and interactions. Our friends and our community are bound together by many things, including a desire to share items, goods, products or services (which we call “Yolustu’s Items”) between those who may seek to obtain them globally (whom we call “Shoppers”) and those willing to help bring them to their friends, whom we call “Travelers”). We do this through our website, located at https://yolustu.ae, and through our applications, which may be available from third party sites for various mobile and computing devices, and through our products, services and information, all of which we collectively refer to as the “Yolustu Platform.”
IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY, THEY CONSTITUTE A CONTRACT AND CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES AS DETAILED IN THE SECTION TITLED ARBITRATION AND CLASS ACTION WAIVER BELOW. PLEASE READ CAREFULLY.
We are continually changing and improving the Yolustu Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or all of the Yolustu Platform with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Yolustu Platform, Fees (defined below) or any other aspect of the relationship between Yolustu and You. You should look at the Terms regularly.
Prohibited Yolustu’d Items
Yolustu Shoppers expressly agree not to use the Yolustu Platform or to request that a Traveler obtain or bring any item that is prohibited under the laws of the subdivisions, or of any international laws or laws of any local jurisdiction applicable to Members, goods, transit or destination. It is the responsibility of both the Shopper (and not Yolustu) to refrain from requesting or bringing any Item that is prohibited either by the jurisdiction of disembarkation, transit or embarkation. Prohibited items include, but are not limited, to:
• Counterfeit goods
• Stolen property
• Live animals
• Firearms, ammunition, explosives or chemicals
• Human remains
• Pornography or obscene materials
• Illegal drugs or regulated drugs (prescription) in violation of law
• Any product or item related to illegal activities, such as the production of illegal drugs
• Any item that is prohibited by law in the place of origin, destination or any jurisdiction of transit through between origin and destination
• Aerosols or any flammable materials
• Knives, batons or other weapons
• Certain agricultural products
• Yolustu’d Items imported into any country without a customs declaration where one was required.
Yolustu recommends that Shoppers and Travelers consult their respective government agencies which regulate items that may and may not be brought into or out of a country of origin.
When the Shopper creates a Shopper’s Request, the Yolustu Platform may auto-calculate a suggested, optimal Traveler Fee, for illustrative purposes in planning the Shopper's transaction. As explained below in the section «Fees,» the actual Traveler Fee on any given transaction is set entirely by the Traveler and may be more than, or less than the suggested Traveler Fee.
To assist Members to locate and communicate with each other, including potentially dates upon which Members can meet in person, The Yolustu Platform allows Travelers to enter the details of upcoming travel dates, and to browse published Shopper's Requests made by their Yolustu friends. Travelers can indicate their preference to be notified of upcoming Shoppers' Requests that may correspond to their planned trips, or trips that they may be willing to take.
Upon finding a suitable Shopper’s Request, Traveler must submit a «Traveler's Offer». The Traveler's Offer must contain and describe each component of the Total Fees
It is the sole responsibility of the Travelers to be familiar with, to specify, and to include in the Traveler's Offer, any and all applicable customs duties, tariffs, and charges applicable to Yolustu'd Items.
When the Shopper and Traveler have agreed to all aspects, including applicable timing and Total Fees, the Shopper must agree to the Traveler's Offer, in what we call the «Shopper's Acceptance.» The Shopper's Acceptance is a agreement on all material terms between a Shopper and Traveler, under which they agree to be bound to each other to in the manner agreed.
Members acknowledge and agree that except where prohibited by applicable law or otherwise agreed to by Members, it is the Travelers, and not Shoppers, who own Yolustu'd Items and must maintain for presentment all original receipts evidencing such ownership. Members also acknowledge and agree that to the maximum extent allowed by law, the risk of loss remains with the Traveler unless and until the Traveler has completed all of the obligations under his or her agreement with the Shopper, which includes bringing the items as agreed.
Yolustu recommends that Shoppers and Travelers procure their own insurance to cover the cost and expenses relating to a Yolustu. Yolustu may, but is not obligated to recommend or to offer links where Shoppers and/or Traveler's may procure insurance relating to their Yolustus.
The Shopper and Travelers must agree at the time the Shopper's Request is accepted by the Traveler on a specific time period for acceptance of the Yolustu'd items. Travelers shall bear the responsibility to identify an acceptable safe and public place to meet with their Shoppers for the purpose of inspection and exchange of goods. The time for delivery can be extended only by written agreement between the Shooper and Traveler on the Yolustu Platform, or by Yolustu. Unless the parties otherwise agree in writing, it is the Shopper's obligation to inspect and accept the Yolustu'd items at the time of delivery, and the agreement between the parties is deemed complete at the time of acceptance regardless of whether the Shopper shows up to inspect and accept Yolustu'd items. Unless the Traveler and Shopper have agreed otherwise in writing, if the goods are not made available for delivery and acceptance within five (5) days of the delivery date, and the Shopper has not inspected and accepted the Yolustu'd Items, the Shopper's Payment Method will be charged and the amounts released to the Traveler. The only permissible method to extend the delivery, inspection and acceptance periods agreed to by the Shopper and Traveler is written communication between the parties on the Yolustu Platform or through notification by Yolustu through the Yolustu Platform.
Shoppers may refuse to accept the Yolustu'd items only if the Traveler has brought incorrect goods (for example, specifications which differ from the agreement between the parties, in terms of brand, color, style, size, etc.) or the condition of the Yolustu's items is other than that agreed to between the parties (for example, damaged or used items or otherwise not in the condition represented). Shoppers may not refuse acceptance of Yolustu'd items because they changed their mind about the transaction, or through an attempt to renegotiate the price of the items or because they have found the items elsewhere. Shoppers agree that Yolustu, in its sole discretion, may determine whether the reason for rejection is acceptable under applicable policies and if Yolustu determines the rejection is impermissible or unauthorized, Shoppers agree that their Payment Method may be charge and the transaction completed as agreed to by the parties. Except as set forth above, in instances where the Shopper fails to appear for inspection and acceptance within five (5) days of the delivery date, Shoppers are required to confirm inspection and acceptance of Yolustu'd items in the Yolustu messaging on the Platform in order to release funds to Travelers.
In Yolustu's sole discretion, it may offer Shoppers and Travelers the option to request, pay for and perform an «Instant Yolustu» where Members can agree to all relevant terms up front without negotiation. With Instant Yolustu, when enabled, the Shopper Requests Yolustu'd Items, and agrees that his or her chosen payment method will be charged for the full amount of Total Fees upon the Traveler's Acceptance. With Instant Yolustu, the Shopper, and not the Traveler, establishes or confirms all components of the Total Fees at the time of the Shopper's Offer, including the Item Cost, the Service Fee, the Traveler's Fee, the Acceleration Fee (if applicable), the Applicable Taxes. All Total Fees are established when the Shopper makes the offer and the Shopper’s payment method is charged at the time of the Traveler’s acceptance.
Travelers who wish to perform an Instant Yolustu can select one or more Instant Yolustu that correspond to their chosen or preferred travel, and agree that they will receive only the amounts specified in the Shopper's Instant Yolustu Offer. For example, a Traveler accepting an Instant Yolustu will not be able to adjust the Item Cost or the suggested Traveler Fees when an Instant Yolustu is accepted by the Traveler. Shoppers remain responsible at all times for paying the Total Fees, including the non-refundable Service Fee, as specified in the Instant Yolustu.
Yolustu may offer alternative options for the timing and manner of payment for Yolustu'd Items, in its sole discretion.
If Yolustu is unable to collect any amounts due from Shoppers under these Terms via the chosen payment method, Shopper authorize Yolustu to charge any other payment method on file with Yolustu (unless any have been previously removed or the authorization to charge them has been previously rescinded). Shopper's also expressly authorize Yolustu to recover any costs and expenses it incurs in collecting any Total Fees not paid or collected via your chosen payment method that remain due and owing. Yolustu is not responsible for any fees or charges that a third party payment processor may impose when payment methods are charged or disputed, and disclaims all such liability.
All information and material on our Platform, other than User Content, is either owned by Yolustu or is licensed by the respective owners. You are not allowed to use these materials except as we permit You to do so in writing. The trademarks and service marks Yolustu and the associated logo and graphics are owned by Yolustu protected by copyright, trademark and other laws of the UAE, foreign countries and international conventions. Any other marks are the property of their respective owners. You agree that You recognize our rights and the rights of third parties in their respective marks and that You may not copy, use or other exploit them except as permitted in writing. We retain ownership of all of our intellectual property rights and You have no rights to our intellectual property or rights in intellectual property.
Subject to Your continued compliance with these Terms, and in Our sole discretion, Yolustu grants You a limited, non-exclusive, revocable, royalty-fee, fully paid up, nontransferable, and non-sublicensable license to reproduce and display content from the Yolustu Platform (excluding any software source code) only in connection with Your access to and participation in the Yolustu Platform for Your personal and non-commercial use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, sell, perform or display content, except as expressly permitted in the Terms. No other licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Yolustu or its licensors.
We hope You enjoy using the Yolustu Platform and find it invaluable. There are certain things that we do not and cannot promise.
YOUR USE OF THE YOLUSTU PLATFORM SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT YOLUSTU DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON TO (A) MONITOR OR REVIEW OR EDIT USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER OR OTHER PERSON BOUND BY THESE TERMS
THE Yolustu PLATFORM IS PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOLUSTU AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOLUSTU AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE Yolustu PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE Yolustu PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE YOLUSTU PLATFORM WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FACILITATED THROUGH THE YOLUSTU PLATFORM WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE, APPLICATIONS OR CODE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE YOLUSTU PLATFORM IS 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 COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE YOLUSTU PLATFORM AND WITH THIRD PARTIES WITH WHOM YOU INTERACT WITH OR COMMUNICATE WITH AS A RESULT OF YOUR USE OR ACCESS OF THE Yolustu PLATFORM. YOU UNDERSTAND THAT YOLUSTU DOES NOT UNDERTAKE TO VERIFY THE ACCURACY OF OR STATEMENTS OF MEMBERS OR THIRD PARTY USERS OF THE Yolustu PLATFORM OR TO VERIFY ANY ITEMS THAT MAY BE THE SUBJECT OF A RELATIONSHIP FACILITATED BY THE YOLUSTU PLATFORM.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ACTING UPON THE ADVICE OR DIRECTION OF YOLUSTU OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS, NONE OF WHOM ADVISE OR DIRECT YOU OR YOUR COMMUNICATIONS OR YOUR TRANSACTIONS WITH MEMBERS OR THIRD PARTIES, INCLUDING BUT NOT LIMITED TO LEGALITY OF YOUR TRANSACTIONS. ITEMS, COMMUNICATIONS, TAXES, DUTIES, FEES OR OTHER CHARGES, OR GOVERNMENT OR CUSTOMS OFFICIALS OF ANY COUNTRY RELEVANT TO ANY TRANSACTION ATTEMPTED, CONTEMPLATED OR COMPLETED BY YOU OR BETWEEN MEMBERS FACILITATED BY THE YOLUSTU PLATFORM. YOU ALONE ARE RESPONSIBLE FOR ANY STATEMENT MADE TO ANY GOVERNMENT OFFICIAL REGARDING ANY TRANSACTION ATTEMPTED, CONTEMPLATED OR COMPLETED BY YOU OR BETWEEN MEMBERS THAT IS FACILITATED BY THE YOLUSTU PLATFORM, INCLUDING BUT NOT LIMITED TO, THAT YOUR TRANSACTION IS IN FULL COMPLIANCE WITH LOCAL LAWS THAT MAY APPLY TO SUCH TRANSACTION AND REMAIN AT ALL TIMES SOLELY RESPONSIBLE FOR ANY TAXES, FEES, DUTIES, IMPORT OR EXPORT CHARGES, FINES, PENALTIES, INTEREST OF PAYMENTS OF ANY KIND RELATING TO YOUR TRANSACTIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOLUSTU OR THROUGH OR FROM THE Yolustu PLATFORM, SOFTWARE OR CODE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
WHERE PERMITTED, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE YOLUSTU PLATFORM, OR TO THE RELATIONSHIP BETWEEN YOU AND YOLUSTU OR BETWEEN YOU AND OTHER MEMBERS, REMAINS WITH YOU AND NEITHER YOLUSTU NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS, AGENTS, AND LICENSORS WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA OR FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY OR EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, CLAIM FOR RELIEF OR ALLEGED THEORY OF RECOVERY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
TO THE MAXIMUM EXTENT OF THE LAW, THE TOTAL LIABILITY OF Yolustu, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS AND AUTHORIZED AGENTS FOR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP BETWEEN US, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE ACCESS OR USER OF THE YOLUSTU PLATFORM IN THE SIX MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM OR IF NO SUM WAS CHARGED, THEN THE SUM OF ONE HUNDRED FIFTY DOLLARS ($150).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS CONTAINED IN THE WARRANTIES OR LIMITATIONS OF LIABILITY PARAGRAPHS IMMEDIATELY ABOVE MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Yolustu and its affiliates and subsidiaries, and their respective officers, directors, investors, employees and agents, harmless from and against any claims, liabilities, damages, losses, injuries, and expenses, including without limitation reasonable legal and professional fees, arising out of or in any way connected with (a) Your access to or use of the Yolustu Platform or Your violation of these Terms; (b) Your User Content; © Your interaction with any other Member, Shopper, Traveler or Third Party or other user of the Yolustu Platform or (iv) any Request, Offer, Acceptance or any other transaction (including but not limited to any injuries, losses, damages (direct, indirect, consequential or otherwise) of any kind between You and Members.
Please Read this Section Carefully. It Affects Your Legal Rights, Including Your Right to File a Lawsuit In Court.
You and Yolustu agree that these Terms affect interstate commerce and that the Federal Arbitration Act, governs the interpretation and enforcement of these arbitration provisions.
The term «Dispute» means any dispute, claim or controversy between us that arises out of this agreement, or the use of the Yolustu platform, or the relationship between us, regardless of legal theory and includes claims that accrued before the date You entered into this agreement as well as claims relating to the interpretation, validity, enforcement or scope of the agreement to arbitrate disputes contained in this Section. The term «Dispute» is to be interpreted in the broadest sense allowed by law. The only disputes excluded from this broad provision are claims that can be resolved in Small Claims Court and certain intellectual property claims, as provided below.
By agreeing to these Terms, You agree to resolve any and all disputes with Yolustu as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to arbitration or litigation. You can reach Yolustu's support department by sending request here. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to resolve all disputes in good faith negotiations between them, which both agree is a precondition to either initiating an arbitration or lawsuit.
ng or permitted class or representative actions). The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all such disputes and has the power to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Location of Arbitration. We both agree that arbitration between Yolustu and Providers shall take place in the City and County of UAE Dubai.
Class Action Waiver: Providers and Yolustu each agrees that any and all arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis or any other representative basis. YOU AND Yolustu AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding Your and Yolustu's decision to resolve all disputes through mandatory arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the UAE t and Trademark Office to protect its intellectual property rights («intellectual property rights» means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Survival. This Arbitration and Class Action Waiver section will not be affected by any termination of Your Account or the Yolustu Platform and will survive termination of the relationship between You and Yolustu.
We respect and expect Providers and Parents to respect copyright law. Where warranted, we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders.
The Yolustu Platform may contain links or connections to third party websites or services that we do not control. You accept the risk of accessing such sites and agree that we are not responsible for any associated risks. We are not responsible for and assume no risk associated with any third party sites or content.
Entire Agreement. These Terms constitute the entire agreement between You and Yolustu and governs your use of the Yolustu Platform, superseding any prior version of these Terms between you and Yolustu with respect to the Yolustu Platform. Additional Terms. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Yolustu rendered services. Choice of Law and Forum. You and Yolustu each agree that the Terms and the relationship between You and Yolustu or between You and any Member or third party shall be exclusively governed by the substantive laws of the UAE without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between You and Yolustu, to the extent not required to be filed in arbitration as provided in these Terms, shall be brought exclusively in the courts located in UAE Dubai. You and Yolustu agree to submit to the personal jurisdiction of the courts located within UAE Dubai or the UAE Dubai, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts, to venue in such courts and waive all claims of inconvenient forum. Waiver and Severability of Terms. The failure of Yolustu to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Severability. 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 endeavor 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. No Right of Survivorship and Non-Transferability. You agree that Your Yolustu Account is non-transferable and any rights to Your Yolustu Account or contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Yolustu Platform or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect. Yolustu Assignment. Yolustu may freely assign the Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.