Terms and Conditions
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, and merchants, contributors of content, information and other materials or services on the Site.
- Yestayhomes cannot guarantee the true identity, age, and nationality of a user. You agree that Yestayhomes is a web site and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Yestayhomes. You use the Yestayhomes service at your own risk.
- Membership Eligibility
Age: Yestayhomes’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Yestayhomes may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Yestayhomes’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Yestayhomes’s policies as stated in the Agreement and the Yestayhomes policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Yestayhomes, each of which is incorporated herein by reference and each of which may be updated by Yestayhomes from time to time without notice to you. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Yestayhomes from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Yestayhomes of any unauthorized use of your password or any breach of security. You also agree that Yestayhomes cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Yestayhomes without Yestayhomes’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your Yestayhomes account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Yestayhomes’s services are not available to temporarily or indefinitely suspended Yestayhomes members. Yestayhomes reserves the right, in Yestayhomes’s sole discretion, to cancel unconfirmed or inactive accounts. Yestayhomes reserves the right to refuse service to anyone, for any reason, at any time.
- Information ControlYestayhomes does not control the Content provided by users that is made available on Yestayhomes. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Yestayhomes, you agree to accept such risks and that Yestayhomes (and Yestayhomes’s officers, directors, partners and employees) is not responsible for any and all acts or omissions of users on Yestayhomes. Please use caution, common sense, and practice safe buying when using Yestayhomes.Other Resources: Yestayhomes is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Yestayhomes does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Yestayhomes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
- Resolution of Disputes and Release
Disputes with Yestayhomes: In the event a dispute arises between you and Yestayhomes, please contact Yestayhomes. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Yestayhomes agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Yestayhomes encourages you to contact the user or third party to resolve the dispute amicably. If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Yestayhomes, they may choose to participate in Yestayhomes’s case system in order to resolve the dispute. Cases are escalated for review and resolution by Yestayhomes. Yestayhomes provides its dispute resolution process for the benefit of users. Yestayhomes does so in Yestayhomes’s sole discretion, and Yestayhomes has no obligation to resolve disputes between users or between users and outside parties. To the extent that Yestayhomes attempts to resolve a dispute, Yestayhomes will do so in good faith based solely on Yestayhomes’s policies. Yestayhomes will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. You release Yestayhomes (and Yestayhomes’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
- Yestayhomes’s Intellectual PropertyYESTAYHOMES, and other Yestayhomes content such as graphics, logos, designs, page headers, button icons, scripts, and service names are Yestayhomes’s trademarks. Yestayhomes’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
- Take any action that imposes, or may impose, in Yestayhomes’s sole discretion, an unreasonable or disproportionately large load on Yestayhomes’s infrastructure
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass Yestayhomes’s robot exclusion headers or other measures Yestayhomes may use to prevent or restrict access to Yestayhomes
Without limiting any other remedies, Yestayhomes may, without notice, and without refunding any fees, delay or immediately remove Content, warn Yestayhomes’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
- No Warranty
YESTAYHOMES, OFFICERS, DIRECTORS, EMPLOYEES, AND YESTAYHOMES’S SUPPLIERS PROVIDE YESTAYHOMES’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YESTAYHOMES, OFFICERS, DIRECTORS, EMPLOYEES AND YESTAYHOMES’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM YESTAYHOMES SHALL CREATE ANY WARRANTY. SOME COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY.
- Liability LimitIN NO EVENT SHALL YESTAYHOMES, OFFICERS, DIRECTORS, EMPLOYEES OR YESTAYHOMES’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, YESTAYHOMES’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. YESTAYHOMES’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF YESTAYHOMES’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF 100€. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- IndemnityYOU AGREE TO INDEMNIFY AND HOLD YESTAYHOMES AND (AS APPLICABLE) YESTAYHOMES’S PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
- No GuaranteeYestayhomes does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Yestayhomes’s control.
- Legal Compliance; TaxesYou shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Yestayhomes service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Yestayhomes’s net income).
- SeverabilityIf any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
- No AgencyYou and Yestayhomes are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- Choice of LawThis Agreement shall in all respects be interpreted and construed with and by the laws of the European Union, excluding its conflicts of laws rules.
- NoticesExcept as explicitly stated otherwise, any notices shall be given by email to [email protected] (in the case of Yestayhomes) or, in your case, to the email address you provide to Yestayhomes (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Yestayhomes may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Yestayhomes. In such case, notice shall be deemed given three days after the date of mailing. If you believe that material residing on or accessible through the Yestayhomes infringes a copyright or other intellectual property right, to provide Yestayhomes of notice of such infringement, you may send a notice of infringement to the Designated Agent listed below (preferably via email to [email protected]). Please specify the type of infringement at issue and the notice must include the following information:
- A signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (signatures may be provided electronically by typing your name);
- Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
- Identification of the material on Yestayhomes that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Yestayhomes is capable of finding and verifying its existence (for listings, please provide the link or URL to each listing you allege is infringing);
- Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Yestayhomes on the owner’s behalf, the address, telephone number and email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
- Choice & ControlWe know members of our community value having control over their own information, and therefore Yestayhomes gives you the choice of providing, editing or removing certain information, as well as choice over how we contact you. You may change or correct your Yestayhomes account information (except your username) on the Site. You may also remove certain optional information on the Site that you no longer wish to be publicly visible, such as your full name.
For various reasons, Yestayhomes may contact you about our services or your activity. Some of these messages are required, service-related messages for members. Other messages are not required, and you can control which optional messages you choose to receive by changing your settings in your account. Learn more in the Messages from Yestayhomes section of this policy. If you no longer wish to use Yestayhomes’s services or receive service-related messages, then you may close your account. Learn how to close your account.
- Messages from YestayhomesOn occasion, Yestayhomes will contact you. Primarily, messages are delivered by email or by push notifications, and every account is required to keep a valid email address on file to receive messages. In some situations, Yestayhomes may contact you by telephone, SMS message or physical mail in order to provide you with customer support or to provide you with information about products and features you may find of interest. You may update your contact preferences in your account settings. Some messages from Yestayhomes are service-related and required for members. Examples of service-related messages include, but are not limited to: a welcome/confirmation email when you register your account, notification of an order, or correspondence with Yestayhomes’s support team. These messages are not promotional in nature. You may not opt-out of receiving service-related messages from Yestayhomes, unless you close your account. As a member, Yestayhomes may also send you messages related to certain features or your activity on the Site. Yestayhomes may also send you news or updates about changes to our Site or services. By default, members will receive these messages via email or push notifications, but you may choose to opt-out of getting certain messages through the settings on your Yestayhomes account or mobile device.
Yestayhomes offers optional email newsletters. When you register for an account, or choose to subscribe, you will receive newsletters from us. Newsletters are available to both members and non-members. Members may subscribe or unsubscribe from optional newsletters under your account settings or by following the instructions contained in the newsletter emails. Non-members may subscribe by providing an email address, which will only be used by Yestayhomes for these newsletters. Non-members may unsubscribe from newsletters by following the instructions contained in the newsletter emails.
Flash cookies, local shared objects (LSOs): Flash cookies are used to collect and store information, but differ from browser cookies in the amount, type and manner in which data is stored. Yestayhomes uses Flash cookies in order to facilitate services such as fraud prevention. Yestayhomes does not tie the information gathered by Flash cookies to your personally identifiable information. To learn how to manage privacy and storage settings for Flash cookies click here.
Tracking technologies have two different lifespans:
Persistent means it remembers certain information about your preferences for viewing the site, and allows Yestayhomes to recognize you each time you return. Persistent cookies are stored on your browser cache or mobile device until you choose to delete them. Session, on the other hand, is specific to a particular visit to the site, to carry information as you view different pages on Yestayhomes so you don’t have to re-enter information. Session cookies expire and delete themselves automatically when you leave the Site or close your web browser. Purposes Yestayhomes uses tracking technologies for a few general purposes:
Strictly necessary: Vital to ensuring that Yestayhomes works properly for visitors and members.
Performance: Help us understand how the Site is functioning so that we can improve our services.
Functionality: Retain your personal preferences as you use the Site to enhance your experience.
Marketing and Advertising: Gather data to help deliver advertising content relevant to your interests.
Third-parties may choose to include Yestayhomes widgets on their websites. When you load a website that has chosen to include our widgets, we receive analytics information through a cookie that may be used to enhance our data or to improve our services.
- SecurityThe security of your personal information is important to us. Your Yestayhomes account information is protected by a password. It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services. Yestayhomes follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once Yestayhomes receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Yestayhomes offers optional advanced security settings for members, such as two-factor authentication for signing in, full-site SSL, and login history; you can enable these options under your account settings.
- Data RetentionYestayhomes will retain your information only for as long as is necessary or your account is active or as needed to provide you services. If you no longer want Yestayhomes to use your information to provide you services, you may request the deletion of your account from our database. Yestayhomes will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. You may inform us of any changes or requests in regards to your personal data, and in accordance with our obligations under local data protection law; we may update or delete your personal data accordingly.
- Contact YestayhomesIf you have questions or suggestions you can contact Yestayhomes, by sending an email to [email protected]