assets of Youtreats, or substantially all of its assets, is acquired by a third party, in which case personal data held by Youtreats about its customers will be one of the transferred assets we do so to exercise rights or perform obligations under, or to enforce or apply these Terms and other agreements to which you are party, or to protect our rights, property, safety, customers, or othersWhere a phone number is requested, we may use this to contact you to ensure that you are happy with the service you received.
8.2. Subject Access Requests
Under the Data Protection Act 1998 (the “Act”), you have the right to request a copy of all personal data we hold about you, by means of a process called a Subject Access Request. If you make a Subject Access Request, Section 7 of the Act requires us:
To tell you whether we process any of your personal data if so, to provide you with a description of the personal data we hold, the reasons it is being processed, and who we share it with. To provide you with a copy of the personal data we process in an intelligible form, and (where this is available) to inform you about the source of the data.
All Subject Access Requests must be in writing. We may, under certain circumstances, require you to pay a fee in an amount specified under the Act (currently a maximum of £10) to help meet our costs in dealing with your request.
We will respond to data subject access requests within 40 calendar days. If you wish to find out further information about requesting access to your personal data please visit the Information Commissioners Office’s website for further guidance on Subject Access Requests.
We will hold and process your personal data for so long as is necessary for the purposes stated in these Terms and to address any claims or issues that may arise concerning your use of our Services.
After that, we may continue to hold data that relates to you and your use of our Services for research and statistical analysis, as permitted by applicable law (currently Section 33 of the Data Protection Act 1998) – however, during this time you may request that we delete personal data we hold about you by contacting our Customer Services and providing such information and verification as is requested of you.
9. Use of the Website
9.1. Abuse of service
You agree not to use Youtreats directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other material which might infringe our Content Rules (set out in section 3.4 above).
9.2. Intellectual Property
All product photography, text, software, music, sound, photographs, graphics, video, page layouts, design and other material that appears on the Website is protected by Youtreats or third-party copyrights, trademarks, service marks, patents or other proprietary rights and laws. “Youtreats” and Yappy.com are our registered UK trademarks, and you agree not to display or use them in any manner without our prior written consent.
You may use and access Yappy.co.uk to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trademark or other intellectual property notices contained in material taken from Youtreats.co.uk
No-one may copy, distribute, show in public or create any derivative work from Youtreats.co.uk, or any of the material which is found on Youtreats.co.uk unless properly licensed in writing by us to do so. You are not allowed to use Youtreats.co.uk (or to copy or use any material found on Youtreats.co.uk) for any commercial purpose other than to conduct the purchase of a product from Youtreats.co.uk.
No-one may use any robot, spider, scraper or other automated means to access Youtreats.co.uk for any purpose without our prior express written permission.
9.3. Website content and service access
We will always try to ensure that Youtreats.co.uk is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.
9.4. Links
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third-party websites you do so at your own risk.
9.5. Liability
We use reasonable care and skill to provide Youtreats.co.uk in accordance with our specifications for Youtreats.co.ukbut:
the Services are provided “as is” we cannot and do not guarantee that Youtreats.co.uk or the Services will meet your requirements
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.
Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order in accordance with section 3.2. We are under a legal duty to supply goods which conform to our contract with the User.
We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption any loss or corruption of data any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising
Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Website, or anything done while your Account is logged into the Website.
The provisions of this section 9.5 shall survive the termination or expiry of these Terms.
9.6. Suspension
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Youtreats.co.uk, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using Youtreats.co.uk if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.
In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
9.7. Contact from third parties
If anyone contacts us in relation to your or your Account’s use of Youtreats.co.uk or a transaction associated with you or your Account, then you agree:
to provide all reasonable information and assistance we may require in connection with responding to that contact to respond promptly and accurately to it, should we pass the message to you for a response.
10. General
These Terms are intended to contain your entire agreement with us relating to the Services and the Website.
If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
Only you and Youtreats.co.uk shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We reserve the right to change these Terms from time to time and post the new version on Youtreats.co.uk. The new version of these Terms will take effect:
commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you – examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access, Youtreats.co.uk, and (ii) the refinement of provisions that are already included or referred to in these Terms
In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Youtreats.com. For the avoidance of doubt, we will not have any liability to you in that event.
These Terms, the Services and each order and purchase of a product shall be governed by English law.
You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a product.
We don’t separately file the Terms entered into by Users when they register for Youtreats.co.uk. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.