Legal Information

Our Agreement with you

When you use the Yocova Platform you agree to these Terms. Your use of the Platform is also subject to our Privacy Policy, Cancellation Policy and Membership Code of Conduct and any additional terms notified to and agreed by you.

These Terms relate to your membership and use of the Yocova digital platform and all associated services, communications, functionality, programs and other digital products and solutions we make available through it whether this is via our website www.yocova.com or any Yocova-branded application providing access to, and usage of, the digital platform (the “Platform”). Do not access or otherwise use the Platform if you do not agree to these Terms. By agreeing to these Terms you are entering into a legally binding agreement with Yocova Private Ltd, Kings Place, 90 York Way, London, United Kingdom, N1 9FX, Company registration number 14355942 (“Yocova” or “we” or “us”) relating to your membership of the Yocova Platform (“Agreement”).

In agreeing to these Terms, you agree that your use of the Platform is also subject to:

• our Privacy Policy (which includes our Cookie Policy and other documents referenced in the Privacy Policy) and updates. The most recent version of our Privacy Policy can be found at www.yocova.com/s/privacy-policy. These documents govern the collection, use, storage and sharing of your personal data;
• the Yocova Membership Code of Conduct, which members are required to comply with at all times. This can be found at www.yocova.com/s/membership-code;
• our Cancellation Policy. The most recent version of our Cancellation Policy can be found at www.yocova.com/s/cancellation-policy; and
• where relevant, additional terms notified and agreed with you when you make a relevant purchase of:
  • an Individual Premium Membership – the most recent available version of our additional Individual Premium Membership terms can be found at www.yocova.com; and
  • any Platform “paid for” content, digital services, products, online solutions and other functionality we provide and which state that they are being offered under the Agreement,together, (“Additional Terms”)

These documents (together with any additional terms, rules and polices incorporated into our Agreement in accordance with the section titled “Changes to our Agreement and the Platform” below) will also form part of our Agreement with you. No provision in the Agreement shall prevail over the application of any mandatory laws which apply to our supply or your use of the Platform.

The Platform

The Platform allows members to come together, providing an open and neutral online platform for the aviation industry.

The Platform allows members to come together to exchange information and ideas to improve outcomes for the whole aviation industry. What you are able to access on the Platform will be dependent on your membership tier, any “paid for” content, digital services, products, online solutions and other functionality you have purchased from us, and any arrangements you have entered into with third parties (please see further details below).

Yocova’s responsibility under the Agreement is strictly limited to providing access to and allowing use of the Platform (to include, where relevant, allowing access to and use of services provided by third parties (including other members of the Platform)). Yocova will use all reasonable care and skill to provide access to and allow use of the Platform in accordance with the terms of the Agreement.

We are not responsible for third party links.

Yocova facilitates the purchase of content, digital services, products, online solutions, other functionality through its marketplace by the provision of access to an independent payment facility that allows a user to pay the seller (e.g. Third Party Partners (as defined below)) directly, generating an order confirmation when the transaction is complete. Yocova is not party to any separate agreements entered into between you and any independent payment facility provider under which the payment of fees (or refunds) is arranged.

At all times, you agree to comply with all applicable laws in relation to your membership and use of the Platform, to include all relevant international and domestic anti- bribery, export, re-export and sanction laws, (this is in addition to complying with the Yocova Membership Code of Conduct).

These Terms apply irrespective of the type of membership signed up to.

Third party services

The Platform allows members to buy digital and service related solutions and products from third parties via an online directory and marketplace (these may be sold by members of the Platform or other third party sellers).

The Platform also allows Enterprise members to distribute their own products and services for use by their own linked individual members and other Enterprise members (and their linked members). To do this, Enterprise members will also need to become Distributor Members and enter into a further agreement with Yocova. There will be no additional charges imposed by Yocova on any individual or Enterprise member accessing and using content distributed on the Platform in this way (albeit Yocova may charge the Enterprise member to distribute their content and an Enterprise member distributing content to other members will be doing so under the terms of a separate commercial agreement between themselves (which Yocova will not be party to)).

In relation to arrangements between you and third parties, as part of the Platform capability the Platform provides:

• an online directory and marketplace where third party traders (“Third Party Partners”) are able to offer for sale web-based, on-demand applications, collaboration and data solutions, APIs and downloadable software applications and other digital and service related solutions and products (“Third Party Partner Services”);
• an ability for Enterprise members to become a “distributor” to offer and supply their own products and services via the Platform both for use by their own linked individual members and/or externally to other Enterprise members for use by that Enterprise member and their linked individual members. In these Terms, Enterprise members distributing content as described above are referred to as “Distributor Members” delivering “Distributor Services”;
• an ability for Platform members to access and use Third Party Partner Services and Distributor Services, when these are: (i) delivered using the functionality available on the Platform; and/or (ii) made accessible though third party access points hosted on the Platform. In some circumstances, Yocova will provide authentication services for such access; and
• an ability for an Enterprise Member to control their linked individual members’ access to and use of Third Party Partner Services and Distributor Services which they supply or have purchased or have been given access to from a third party (as applicable). This may also apply to products, services and solutions we offer on the Platform, which we discuss further below.

Whilst Yocova as a service provider helps facilitate transactions, supply, trial and/or access to the third party services and products mentioned above using the Platform, Yocova is not the supplier or seller of any Third Party Partner Services and/or Distributor Services. Save for supplying the Platform in accordance with these Terms, Yocova does not therefore assume any wider responsibility or liability for the actions, performance, product, ratings or content supplied or made available by any Third Party Partner and/or Distributor Member in relation to Distributor Services and/or Third Party Partner Services, and makes no representations or warranties regarding the same.

Your trial, purchase, download, access, use and/or supply of Third Party Partner Services and Distributor Services will also be governed by a separate legal agreement between you (and/or the Enterprise Member you are linked with) and the applicable Third Party Partner or Distributor Member (which Yocova is not a party to). Please note that separate system and compatibility requirements may also apply to Third Party Partner Services and/or Distributor Services.

In addition, Yocova is not responsible for any loss or damage you may suffer as a direct or indirect consequence of: any delays impacting the availability of Third Party Partner Services and/or Distributor Services caused by reasons outside of our reasonable control (e.g. delays caused by a third party).

Software you may need to install in order to access and use the Platform (“Software”)

In order to access and use the Platform, you may need to download additional software.

To use the Platform you will need a device that meets the system and compatibility requirements for the Platform and working internet access (details of compatibility requirements and software can be found at www.yocova.com/s/system-requirements).

Yocova is not a party to any agreements entered into between you and a third party Software provider, nor do we assume any responsibility arising out of or in connection with such agreements. Please note that for mobile applications supplied for the purposes of accessing and using the Platform, additional terms (for example, terms of sale imposed by a third party app store) may also apply (and these will be notified to you before you download the mobile application), however in the case of any conflict the Agreement will take precedence.

You are responsible for obtaining, maintaining and paying for all hardware and telecommunications and other products and/or services needed to access and use the Platform.

How to become a Yocova member

You will need to register as a member to access and use the Platform. You will need to make sure the information you provide us with is accurate and up to date.

To access and use the Platform you will need to successfully register as a member. Members are only permitted to set up one Yocova account, and you will not be permitted to register as a member if you have been previously restricted from using the Platform.

The Platform is not available to anyone under the age of 18 years old. If you are under 18 years old then please do not use the Platform and by using the Platform you confirm you are 18 years old or above.

You are responsible for ensuring that the details you provide Yocova with are true and accurate. You are also responsible for informing Yocova of any changes to the information that you have provided.

Incomplete information or information that cannot be verified may be rejected by Yocova. Yocova may also reject login credentials where we have reasonable grounds to do so (for example, in circumstances where Yocova has reasonable suspicions that an account and/or password may have been compromised).

You must keep your account details secure and must not share them with anyone else. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device(s). You are required to inform Yocova immediately (by emailing us at support@yocova.com) if you have any reason to believe that your password has become known to someone else or if the password is being, or is likely to be, used in an unauthorised manner.

By agreeing to these Terms, you consent to the receipt of notices and messages related to your membership and use of the Platform within the Platform and/or by email (this being the email address you provide us with when becoming a member of the Platform, as updated by you from time to time).

Linking your account with an Enterprise Member account

Subject to the conditions in this section, you will be able to “link” your account with an Enterprise Member account.

Corporate Platform members (“Enterprise Members”) may request to link your account with their Enterprise Member account. On receipt of this request, Yocova will ask you to confirm whether you agree that your account be linked with the Enterprise Member.

In circumstances where your account is successfully linked with an Enterprise Member account, to the extent permitted by the Enterprise Member, you will be able to:

1. access and use the content, digital services, products, online solutions and other functionality the Enterprise Member supplies, has purchased or has been given access to for the benefit of its linked members (collectively known as “Enterprise Features”). These may ultimately be supplied by us, or may relate to Third Party Partner Services and/or Distributor Services; and/or
2. act as an “authorised administrator” of the Enterprise Member account.

The Platform will include a means of enabling you to understand when you are accessing Enterprise Features (for example, your profile catalogue may set out the functionality you have bought personally, and in turn the functionality therefore provided by third parties as a consequence of your linked status with an Enterprise Member).

You agree that Yocova may share data or other information with any Enterprise Member you are linked with so far as it relates to your access to and use of Enterprise Features. No other data or information relating to your use of the Platform shall be shared with any Enterprise Member you are linked with. Please see our Privacy Policy for more information on how we collect, use and share your personal data.

At any time, either you or the linked Enterprise Member can request for your respective accounts to be “un-linked”, which will be actioned without consultation with the other party (this may take up to 24 hours to action). In such circumstances, all Enterprise Features made available to you on the Platform will no longer be accessible.

When you are responsible for activity on the Platform

When:

1. acting as an “authorised administrator”; and
2. using the Platform to access and use Enterprise Features,

you will be acting on behalf of the relevant Enterprise Member (not in your own personal capacity) and your actions and omissions will not therefore fall within the scope of our Agreement and as such you will not be subject to these Terms. Instead you will need to ensure compliance with the terms of use agreed to by the Enterprise Member (which include the Membership Code of Conduct) which relate to their use of the Platform (which may include certain commercial restrictions) and the Enterprise Features, as applicable.

In all other circumstances, you are responsible for all activities that occur under your account under the terms of our Agreement (unless the compromising of your account details is attributable to the actions of Yocova). This includes ensuring compliance with these Terms.

Notwithstanding the above, please ensure that at all times when accessing and using the Platform, you comply with any relevant social media usage policy (or similar) imposed on you.

Using the Platform

We may need to make Updates to the Platform. The Platform may also be occasionally suspended or restricted in limited circumstances.

The Platform may need to be updated, for example, for bug fixes, enhanced functions, missing plug-ins and new versions (collectively “Updates”). You agree to receive such Updates automatically.

Access to the Platform may be occasionally restricted (proactively by us or otherwise) or disturbed for such reasonable time to allow for Updates, repairs, maintenance, checks, upgrades, system updates or as a result of other valid reasons (including, for example, legal and/or regulatory reasons or to complete necessary testing or security reviews). Yocova is not responsible for nor is liable for any claims or losses resulting from any such disturbance or restriction. Wherever possible, we will provide you with reasonable written notice in advance of such circumstances.

You acknowledge that the Platform may be subject to limitations, delays and other problems that arise due to the nature of internet communications. Yocova is not responsible for any delays, data loss, bandwidth charges, or any other costs or damages that result from such problems or for any unavailability of the Platform caused by network problems or any other third party technology needed to use the Platform.

Please note that Yocova performs automated regular backups of all data held on the Platform, including consumption, usage, and configuration data. If an incident occurs where Platform data is compromised, data will be reloaded to restore the Platform to its last backup state.

Technical support

We provide technical support in relation to your use of the Platform.

Should you have any issues with your access and/or use of the Platform, please contact Yocova’s customer services at support@yocova.com for assistance.

If you are unable to complete a download or access any Third Party Partner Services or Distributor Services, please contact Yocova’s customer services at support@yocova.com for assistance. In all other circumstances, please contact the Third Party Partner or Distributor Member directly.

Temporarily discontinuing or suspending your use of the Platform because of something you have done

In some circumstances, we may need to discontinue or suspend certain parts of the Platform.

Where, acting reasonably and proportionately, we have good reason to do so due to something you have done, Yocova reserves the right to temporarily interrupt, suspend or discontinue making available, or to refuse to provide you with access to any part of the Platform (this may include denying access to any Third Party Partner Services and/or Distributor Services). It is anticipated that this may be necessary, for example, in the following circumstances: (i) where we are investigating a potential material breach of our Agreement with you (or a breach of an Enterprise Member account you are linked to); (ii) where we suspect your activity on the Platform (or the activity of an Enterprise Member account you are linked to) may seriously undermine the security, integrity or availability of the Platform; or (iii) when we are required to do so further to the instructions of a Third Party Partner and/or Distributor Member. Wherever possible, we will provide you with reasonable notice in advance of such circumstances.

Ownership rights in the Platform and your rights to use the Platform and Yocova Marks

You can access and make personal and non-commercial use of the Platform subject to the limitations in this section.

Ownership rights of Yocova and its affiliates

Yocova and its affiliates (including technology partners) own all rights, title and interest in and to the Platform and the technology enabling the provision of the Platform, including all related intellectual property rights. Yocova and its affiliates (including technology partners) each reserve all rights and you are provided solely with the limited licence set out below.

Your licence to access and use the Platform

Subject to your compliance with our Agreement (including payment of any applicable fees), Yocova grants you a worldwide, non-transferable, non-exclusive right and licence to access and use the Platform, during the term of the Agreement, solely for engaging with the Yocova community as envisaged under these Terms for personal and non-commercial use (or as otherwise permitted and agreed by us).

No rights are granted under these Terms with respect to any Third Party Partner Services, Distributor Services or other member Submissions (as defined below) (save to the extent required to enable you to access such Third Party Partner Services, Distributor Services or other member Submissions in accordance with these Terms).

Yocova Marks

Please note that you may only use a trade name, trademark, service mark or logo owned by Yocova (“Yocova Mark”) in accordance with our Branding Guidelines (which can be found here Yocova-Branding-Guidelines-issue1).

Third party rights in trade names, trademarks etc.

All trade names, trademarks, service marks or logos made available in or available through the Platform that are not owned by Yocova are the property of their respective owners. Nothing in these Terms and nothing in or available through the Platform should be construed as granting any right to use any trade name, trademark, service mark or logo of any third party without the express prior written consent of its owner.

Information about you

Yocova is committed to delivering a great user experience and to continually developing the Platform for our members. Yocova achieves this through working with our trusted partners.

We will only share personal information with third parties directly involved in providing the Platform and related services.

In accordance with our Privacy Policy we share personal data to support the following: product development, management support, on-boarding status, customer experience, product development, service delivery quality, platform performance and confirmation of purchases you may make on the Platform.

We do not and will not share personal data with any third parties other than for the purposes stated.

Your submission of information, including any information provided during the membership registration process is governed by the terms of the Agreement (including our Privacy Policy). Yocova’s Privacy Policy explains how we treat your personal data and protect your privacy when using the Platform.

Yocova may need to provide your personal information, such as your name, email address and details relating to your access to and use of the Platform to third parties directly involved in providing the Platform and related services, which may include, by way of example, Third Party Partners, Distributor Members and third party payment processors. We will only disclose personal data to third parties directly involved in providing the Platform and related services for purposes such as product development, management support, on-boarding status, customer experience, product development, service delivery quality, platform performance and confirmation of purchases you may make on the Platform. We may also need to share your personal information with third parties if we are legally required to do so. For further information on why we use your information, what information is collected, the lawful basis of processing and where the information is collected from and transferred to, please see our Privacy Policy.

Any information you submit to Yocova may be collected in, transferred to and stored in countries where Yocova, its affiliates or its data processors operate including the United Kingdom, United States of America and Singapore.

By registering for a Platform account you consent to the processing and storage of your personal data by Yocova, its affiliates, data processors and sub-processors, for the purposes of your membership to and use of the Platform, providing you with Third Party Partner Services and Distributor Services, and as further detailed in our Privacy Policy. The terms “data processors” and “sub-processors” refer to third party processors of “personal data” as defined in the EU General Data Privacy Regulations.

To the extent that you manage any privacy setting through your account with Yocova, notifications and other preferences will apply only with respect to a particular service and may not affect your privacy settings, notifications or other preferences with respect to any other service or any other aspect of your account. It is your responsibility to review and manage any applicable privacy settings.

Submissions

All Submissions must be truthful and made in good faith, and must not breach any other parties’ rights.

We have a right to remove any Submissions if we consider necessary. You can notify us if you believe that any content contains a defamatory statement or your intellectual property rights are being infringed.

Making Submissions on the Platform

You and other members of the Platform may have the ability to make certain information, data, content, contributions or other materials including testimonials, reviews, posts, comments and other user-generated content, pictures and documents available in connection with your membership to the Platform (each a “Submission”).

Our right to host Submissions you put on the Platform

You agree that we have a right to host Submissions on the Platform. You may delete such content you make available on the Platform at any time during the term of our Agreement.

Your obligations regarding Submissions

You acknowledge and agree that unless expressly stated otherwise, any groups, communities, forums, libraries and pages on the Platform are public spaces and you have no expectation of privacy when using these. You acknowledge that any of your Submissions made in public forums may be seen by Yocova and/or other users.

All Submissions must comply with the Yocova Membership Code of Conduct at all times. This can be found www.yocova.com/s/membership-code.

By making a Submission, you are required to ensure that you own or are otherwise entitled: (a) to make available and to authorise others to use and distribute your Submissions; and (b) to grant all assignments and licences with respect to such Submissions granted under these Terms. You will be fully responsible for all claims brought by a third party against Yocova arising out of or in connection with your Submissions.

Our responsibilities for Submissions

Submissions contain the views and opinions of Platform members and not those of Yocova. Yocova has no control over nor is responsible for any Submissions nor any use, misuse or any unauthorised distribution of your Submission by any third party.

Yocova is under no obligation to publish any Submission on the Platform. Yocova may monitor, evaluate, or remove Submissions made in public forums on the Platform, including those made in the community, for any reason including for ensuring compliance with the applicable laws and regulations, rules applicable to a member’s conduct or for the purposes of promoting the reputation and/or security of Yocova. For the avoidance of doubt, Yocova reserves the right but is not under any obligation to remove Submissions. However, Yocova will use reasonable endeavours to remove a Submission promptly upon your request (albeit we cannot guarantee that this will always be possible), in particular where you believe that any content contains a defamatory statement or your intellectual property rights are being infringed. If you would like to request the removal of a Submission, please send notification by emailing us at support@yocova.com. This does not affect any other legal rights you may have.

Our rights to use your User Content

Whilst you own all User Content, you grant us a licence to use User Content in accordance with this section.

For all Submissions which are testimonials, reviews, posts and comments (but excluding any standalone materials, pictures or documents not prepared for the sole purposes of sharing on the Platform)] made by you and which are visible in any public forum on the Platform (“User Content”), you hereby grant to Yocova a worldwide, royalty-free, fully paid-up, non-exclusive, sub-licensable and revocable licence (without additional consideration to you or any third party), to copy, distribute and display (publicly or otherwise), modify and otherwise use, in any format or media, for the limited purposes of (i) making improvements to the functionality of the Platform for the benefit of members, and (ii) for promotion of the Platform to other potential members.

We shall only be entitled to grant sub-licences to User Content to our employees, agents, contractors and professional advisors acting on our behalf (these will include, for example, third party technology providers and marketing agencies).

Our licence to User Content along with any sub-licences we may have granted in respect of such User Content will continue to apply as follows:

• in relation to our licence to use User Content for the purposes of making improvements to the functionality of the Platform for the benefit of members, our licence will continue to apply both during and after termination of the Agreement (unless we receive your written request for the licence to terminate, in which case our licence will come to an end, along with any sub-licences we may have granted in respect of such User Content). For the avoidance of doubt, termination of our licence in these circumstances will not impact the extent to which Yocova can continue to reflect and/or benefit from any improvements already embedded in the Platform which are a direct or indirect result of Yocova relying on its licence to use User Content under this section prior to the termination of the licence taking place; and
• in relation to our licence to User Content for the purposes of promotion of the Platform to other potential members, our licence will come to an end automatically on termination of the Agreement. Yocova will not therefore use any User Content in relation to any future promotional activity in these circumstances.

For the avoidance of doubt, please note that Yocova takes the confidentiality of its members very seriously, and as such, Yocova will not at any time rely on the licence set out above in such a way as to breach the confidentiality of its members. Yocova is however permitted to assume that any Submission made in any public forum on the Platform via your account, as well as any engagement in the same, will not amount to confidential information, unless you otherwise expressly inform us to the contrary in a transparent and prominent manner, or if this would be clearly evident to an average user of the Platform based on the context of the Submission or engagement (as applicable).

Copyright and trademark infringement claims

We respond promptly to notifications of claimed copyright and trademark infringement.

It is Yocova’s policy to respond promptly to notifications of claimed copyright and trademark infringement and where appropriate, remove or disable access to any material that is claimed to be infringing or to be the subject of infringing activity and in appropriate circumstances to exclude infringing users from the Platform. This does not affect any other legal rights you may have in these circumstances.

If you believe that any material available on or through the Platform infringes your copyrights please email us at support@yocova.com.

Feedback

Any feedback you provide us with is not confidential and you agree that such feedback is free of charge, unsolicited and without restriction.

You hereby acknowledge and agree that feedback is not confidential and that your provision of such feedback (whether direct to Yocova or by way of Submission) is free of charge, unsolicited and without restriction. In no circumstances will we be under any obligation to respond to and/or act on any feedback you provide. The terms and licences set out above applicable to Submissions and User Content will also apply to such feedback to the extent that such feedback is made directly on the Platform.

Recommendations and marketing

We may share information about your account search criteria, as well as account data about your access or use of the Platform, including which Third Party Partner Services and Distributor Services you have trialled, accessed and purchased.

Yocova may use a third party service provider to power Yocova’s search and recommendation functionalities. Your search criteria, as well as data about your access and use of the Platform, including which Third Party Partner Services and Distributor Services you have trialled, accessed and purchased, may be sent to such third party service provider who will analyse the information and return search results based on your search criteria and make relevant recommendations to you and improve the third party service provider’s search and recommendation functionalities for Yocova.

Yocova does not endorse nor make any representations or provide any assurances regarding any search results or recommendations generated by Yocova’s search and recommendation functionality.

Yocova may aggregate anonymous data, that does not identify any individual person, from members of the Platform and Yocova may use or disclose such anonymous data for any purpose.

Liability

Our liability under our Agreement is limited to foreseeable losses only. We are also not liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Our liability to you.

Whilst Yocova uses all reasonable skill and care to supply the Platform and maintain the timeliness, integrity and security of it, we cannot guarantee that the Platform is or will remain updated, complete, correct or secure or that access will be uninterrupted.

If we do not comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you entered into the Agreement.

Your access and use of the Platform is for personal and non-commercial use. You agree not to use the Platform for any commercial or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity suffered.

If any defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We do not in any way exclude or limit our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; or
• any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.

All limitations of liability of any kind contained in these Terms are made for the benefit of Yocova and its affiliates and respective successors and assigns. Nothing in these Terms will affect any other rights you may have in law. You can obtain further information about your legal rights from your local trading standards office or citizen’s advice bureau.

Your liability to Yocova

Save where you are acting as an “authorised administrator” on behalf of an Enterprise Member or using the Platform to access and use Enterprise Features, you will be responsible for any foreseeable loss or damage suffered or incurred by us which is directly or indirectly resulting from any failure by you to abide by the terms of our Agreement.

Changes to our Agreement and the Platform

In some cases, we may need to make changes to our Agreement with you and/or the Platform.

We may need to change, add or remove functionality or features of the Platform as we consider necessary from time to time and/or make changes to the Agreement. By way of example, changes may be needed for the following reasons (please note that this is a non-exhaustive list):

1. to reflect changes in relevant laws and/or regulatory requirements;
2. to provide for terms relating to new services, communications, functionality, programs and other digital products and solutions we make available through the Platform (or remove any terms which are no longer relevant further to changes made to the Platform);
3. to ensure we are not in breach of any contractual obligations we owe to third party technology providers or other suppliers we work with in order to ensure the ongoing availability and functionally of the Platform to all users; and
4. any other commercial, operational, regulatory and/or legal reasons impacting our supply and/or the availability of the Platform.

Wherever possible, we will provide reasonable notice of any proposed changes we intend to make to the Agreement, or any material detrimental changes to the services or functionality provided as part of the Platform prior to them coming into effect. We will notify you of these proposed changes when you next access the Platform or by emailing you direct.

If you do not accept any changes we make to the Agreement, or services or functionality provided as part of the Platform, where these are material and detrimental to you, you may terminate our Agreement subject to you notifying us of your intention prior to the changes coming into effect or within any time period specified in the notice giving you notice of the changes (unless of course you are a freemium member, in which case you can request to cancel your membership at any time). In these circumstances you may be entitled to receive a pro rata refund for any access to the Platform that you have paid for but will not receive (where applicable under any Additional Terms we agree with you).

To notify us of your intention to terminate our Agreement you are required to email us at support@yocova.com.

Any new terms or notice of other changes may be displayed on-screen and you may be required to read and expressly accept them in order to continue accessing and using the Platform. In circumstances where your express consent is not required, unless you exercise your right to terminate our Agreement in accordance with the above, your continued use of the Platform shall indicate your acceptance of the modifications.

Termination

Both Yocova and you have rights to terminate the Agreement.

The Agreement and your access to the Platform will continue until terminated as set out in the Agreement.

Yocova’s right to terminate the Agreement when you are at fault

Yocova is entitled to terminate the Agreement if you are in material breach of our Agreement. In these circumstances, we may immediately terminate the Agreement and revoke your access to the Platform without notice or refund of any fees paid by you (where applicable).

Yocova’s right to terminate the Agreement in all other circumstances

Unless Yocova discontinue all or part of the Platform for all or any group of member for any operational or business reason, Yocova will not be permitted to terminate our Agreement without reason at any time in circumstances where you are linked to an Enterprise Member for the purposes of receiving or administering Distributor Services on the Platform.

Subject to restriction set out above, and any other restriction or stipulation under any Additional Terms, Yocova may terminate your Agreement at any time without reason by providing at least 30 days’ written notice to you. In these circumstances, you may be entitled to receive a pro rata refund for any access to the Platform you have paid for but will not receive (where applicable under any Additional Terms we agree with you).

Your right to terminate the Agreement

You are entitled to terminate the Agreement immediately without notice if we are in material breach of our Agreement. In these circumstances, you may be entitled to receive a pro rata refund for any access to the Platform you have paid for but will not receive (where applicable under any Additional Terms we agree with you).

You are also entitled to cancel your Platform membership altogether (meaning your Agreement with us will be terminated) in accordance with the terms set out in our Cancellation Policy. Please note that the downgrading of a premium account to a freemium account will not terminate your Agreement.

For information relating to your right to cancel any Platform “paid for” content, digital services, products, online solutions and other functionality we provide, please see the separate terms notified and agreed with you when making a relevant purchase.

To exercise your right to terminate your Agreement with Yocova, please contact customer services at support@yocova.com.

Please note that you may also have a “14 day cancellation right” when purchasing Individual Premium Membership and “paid for” services. Details regarding any “14 day cancellation right” you may have will be set out in the additional terms relating to Individual Premium Membership and “paid for” services, as well as in our Cancellation Policy.

Consequences of termination

Following termination of the Agreement, Yocova will deactivate your login credentials and account. Following deactivation, you will no longer be able to access and use the Platform, including Enterprise Features and all associated information, data, content or other materials (this will include any “paid for” Platform content, digital services, products, online solutions and other functionality you may have purchased from us under your membership agreement). Following termination, we will have no obligation to provide further access to the Platform or these materials (and no ownership or perpetual user rights are granted to you to retrieve such materials following termination).

Please note however that following termination of the Agreement, our deactivation of your Yocova account will not result in the deletion of Submissions made in threads available in public forums. All other information related to your Yocova account will no longer remain visible to other members on the Platform. Such information could be retained for a period of up to 2 years from the last date of activity on the account where necessary for internal Yocova audit or compliance purposes (after this time period, the information will be destroyed).

Termination of our Agreement may result in you being unable to access, either wholly or partly, Third Party Partner Services and/or Distributor Services when these are: (i) delivered using the functionality available on the Platform; and/or (ii) made accessible though third party access points hosted on the Platform. It will be your sole responsibility to cancel any relevant subscriptions to digital content either distributed or accessed through the Platform.

General

These other important terms also apply to your use of the Platform. Please read them carefully.

Survival: The sections titled “Third party services”, “When you are responsible for activity on the Platform”, “Ownership rights in the Platform and your rights to use the Platform and Yocova Marks”, “Information about you”, “Submissions”, ”Our rights to use your User Content”, “Liability”, “Termination” and “General” in these Terms will survive its termination, in addition to any other section and/or term which by its nature is intended to survive.

Severability: If any of the terms contained in these Terms are deemed invalid, void or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining terms.

Complaints: If you would like to bring a matter to our attention please contact Yocova’s customer services at support@yocova.com. Yocova will use reasonable endeavours to resolve any complaints, but neither party commits to nor is obliged to settle disputes before an alternative dispute resolution entity.

Inquiry and Dispute Co-operation: You agree to comply with Yocova’s reasonable request for cooperation in respect of any inquiry or dispute that Yocova may become involved in and of which you may have knowledge. Such cooperation may include disclosure of relevant documents and financial information and interviews of you.

Contact Information: For communications concerning our Agreement with you, please contact Yocova Private Ltd at support@yocova.com or alternatively by writing to Yocova Private Ltd at Rolls-Royce Plc, Kings Place, 90 York Way, London, United Kingdom, N1 9FX.

Relationship of the Parties: No part of the Agreement between you and Yocova is intended to create or record employment, partnership, joint venture, agency or other such relationship between you and Yocova. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or a Third Party Partner, Distributor Member or other Platform user.

Assignment: Yocova may assign, transfer, part with or sub-contract any of its rights, responsibilities or obligations under these Terms and the Agreement with you. We will ensure that this will not affect any rights you have under these Terms and the Agreement. You may only assign any of your rights or obligations under these Terms and our Agreement with you with our consent. We may not agree if we have good reason to refuse, which may include, for example, where we are likely to suffer a detriment as a direct or indirect consequence of the proposed assignment.

Waiver: Neither party’s waiver of any breach under these Terms will be considered a waiver of any earlier or later breach. No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right.

Headings and Interpretation: Titles and heading of sections of these Terms are for convenience only and will not affect the construction of any provision of these Terms. The term “including” and its variations shall be interpreted as if followed by the phrase “without limitation”.

Events outside of our control: If we are unable to fulfil any obligation due under our Agreement with you due to an event outside of our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Agreement and receive a refund for any access to the Platform that you have paid for but not received (where applicable). In these circumstances, the consequences of termination set out above under the section titled “Termination” will equally apply.

Third Party Beneficiaries: Our Agreement is between you and us. No other person shall have any rights to enforce any of its terms.

Governing Law: Our Agreement shall be subject to English law and the Courts of England and Wales shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with any contract governed by these Terms. For the avoidance of doubt, you may bring a claim to enforce your consumer rights in connection with these Terms before the courts of England and Wales or the courts of your resident country, it being agreed and understood that in no case may the aforesaid governing law prejudice the level of consumer protection ensured by the laws of your country of residence.