Terms and Conditions

Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

• Account — A unique account created for You to access the parts of the Service that require signing in.
• Application — The Yesandi web application, provided by the Operator.
• Country — Refers to Australia.
• Device — Any device that can access the Service such as a computer, a cell phone or a digital tablet.
• Operator — (referred to as "We", "Us" or "Our" in these Terms) means the individual who builds and runs Yesandi as a personal project: Augusto Jacquier, based in Australia. Yesandi is not a company, partnership or other legal entity, and nothing in these Terms should be read as if it were.
• Public Pages — The parts of the Website that can be viewed without an Account, including the What's On listings at yesandi.app/whats-on and any event or profile page that a member shares with You by link.
• Service — Refers to the Application or the Website or both, including the Public Pages.
• Terms and Conditions — (also referred to as "Terms") means these Terms and Conditions which govern Your access to and use of the Service and form the entire agreement between You and the Operator regarding the Service.
• Third-Party Event Information — Details about events, venues, dates, times, prices and tickets that We collect from venue websites, ticketing platforms and other public sources, or that a member enters, and display on the Service.
• Website — Refers to Yesandi, accessible from https://yesandi.app
• You — The individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement between You and the Operator. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. You can browse the Public Pages without an Account; these Terms still apply to You when You do.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. We do not permit those under 18 to use the Service.

The Service is currently provided free of charge. If We ever introduce paid features, We will tell You clearly before You are asked to pay for anything.

Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

To access most features of the Service, You must create an Account. When You create an Account, You must provide information that is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of Your Account on the Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your Account.

You may not use as a username the name of another person or entity, or a name that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation.

We reserve the right to refuse registration, cancel Accounts, or remove or edit content at Our sole discretion, including where We determine that a user has violated these Terms.

If something on Yesandi breaks these Terms or worries You, report it: there is a Report option on every event, at the foot of every profile, and on any message or group-chat post (press and hold it). We read every report. You can also block anyone, which stops them finding You or messaging You.

User-Generated Content

Our Service allows You to create, post, and share content including events, messages, wishlists, and profile information (collectively, "User Content"). You are responsible for the User Content that You post on or through the Service, including its legality, reliability, and appropriateness.

By posting User Content on or through the Service, You represent and warrant that:

• The User Content is Yours (You own it) and/or You have the right to use it and grant Us the rights and licence as provided in these Terms.
• The posting of Your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
• The User Content does not contain material that is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable.

You retain any and all of Your rights to any User Content You submit, post or display on or through the Service, and You are responsible for protecting those rights. We take no responsibility and assume no liability for User Content You or any third party posts on or through the Service.

By posting User Content on or through the Service, You grant Us a non-exclusive, royalty-free, worldwide licence to use, store, display, reproduce, and distribute such content as necessary to provide and operate the Service. This licence ends when You delete Your content or Your Account, except to the extent Your content has been shared with others who have not deleted it.

Public Pages and Third-Party Event Information

The What's On listings and other Public Pages show Third-Party Event Information. We collect it from venue and ticketing websites and other public sources, sometimes with automated tools, and We check it as best We can. Details can change after We collect them, and We may get things wrong.

Third-Party Event Information is provided for general information only. Before You rely on it, and in particular before travelling to an event or buying a ticket, confirm the date, time, venue and price with the venue or the ticket seller.

Ticket links take You to third-party websites. We do not sell tickets, We are not a party to any purchase You make on those websites, and We receive no payment from those sales. Any ticket purchase is governed by the seller's own terms and refund policy, not by these Terms.

Members can offer spare tickets to each other on Yesandi. Yesandi doesn't handle payments between members and isn't a party to these arrangements: they are between You and the other member. Follow the ticket seller's rules on transferring and reselling tickets.

Event names, images and descriptions shown on the Public Pages may belong to the venue, promoter or artist concerned. We display them so that people can find events. If You hold rights in any of that material and would like it corrected or removed, email hello@yesandi.app and We will act promptly.

We may add, change or remove listings on the Public Pages at any time.

Intellectual Property

The Service and its original content (excluding User Content and Third-Party Event Information), features, and functionality are and will remain the property of the Operator and Our licensors. The Service is protected by copyright and other laws of both Australia and foreign countries.

The Yesandi name, logo, visual design, colour palette and signature gradient may not be used in connection with any product or service without Our prior written consent.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Service, except as generally and ordinarily permitted through the Service in accordance with these Terms.

Feedback

If You provide Us with any feedback, suggestions, ideas, improvements, or other input related to the Service ("Feedback"), You agree that We may use and implement such Feedback in any manner, including in future versions of the Service, without any obligation to compensate You or give You credit. By submitting Feedback, You grant Us a perpetual, irrevocable, royalty-free, worldwide licence to use, copy, modify, create derivative works based on, and otherwise exploit the Feedback for any purpose.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may do so through Your account settings or by contacting Us.

Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that You have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or under any other law, that cannot lawfully be excluded, restricted or modified.

Where the law permits Us to limit Our liability for a breach of such a guarantee, Our liability is limited, at Our option, to supplying the Service again or paying the cost of having the Service supplied again.

The "Limitation of Liability" and "AS IS" sections below apply only to the extent that the law allows, and are to be read subject to this section.

Limitation of Liability

Subject to the Australian Consumer Law section above, and because the Service is provided free of charge, the entire liability of the Operator under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 AUD if You haven't paid anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Operator be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, or for any decision You make in reliance on Third-Party Event Information), even if the Operator has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

"AS IS" and "AS AVAILABLE" Disclaimer

Subject to the Australian Consumer Law section above, the Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Operator expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

The Operator provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error free.

Governing Law

The laws of Australia, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Us at hello@yesandi.app.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email at hello@yesandi.app