Terms of Use

1.1 Eligibility. You must be at least 18 years old to create an Account or otherwise use the Service. The Service, including the Marketplace and the Discount Offering, is not directed at children, and YoungPlanet does not knowingly permit anyone under 18 to hold their own Account. By creating an Account or otherwise accessing or using the Service, you represent and warrant that you are 18 or over.

1.2 Application Licence. Subject to your compliance with this Agreement, YoungPlanet grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use copies of the Application on mobile devices that you own or control and to run such copies solely for your own personal purposes.

1.3 Supplemental Terms. Your use of, and participation in, certain features and functionality of the Service may be subject to additional terms (“Supplemental Terms”). Such Supplemental Terms will either be set forth in connection with the applicable features or functionality or will be presented to you for your acceptance when you sign up to use the applicable features and functionality. If these Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to the subject matter thereof.

1.4 Updates. You understand that the Service is evolving. As a result, YoungPlanet may require you to install updates to the Application that you have installed on mobile devices through which you access or use the Service. You acknowledge and agree that YoungPlanet may update the Service with or without notifying you. You may need to update third-party software from time to time in order to continue to use the Service. Any future release, update or other addition to the Service shall be subject to this Agreement unless otherwise stated.

1.5 Registration

1. 1.5.1 Registering Your Account. In order to access certain features and functionality of the Service, you may be required to register an account on the Service (“Account”), have a valid account a third party service (like your Facebook, Google, or iCloud logins) (such service a “Third-Party Login Service” and your account thereon, your “External Account”), or have an account with the app store from which you downloaded the Application.

2. 1.5.2 Access Through an SNS. The Service may allow you to register and log in using an External Account. By logging in with an External Account, you are allowing YoungPlanet to access your External Account, as is permitted under the applicable terms and conditions that govern your use of the applicable Third-Party Login Service. You represent that you are entitled to disclose your External Account login information to YoungPlanet and/or grant YoungPlanet access to your External Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Login Service and without obligating YoungPlanet to pay any additional fees or making YoungPlanet subject to any additional usage limitations imposed by the providers of such Third-Party Login Service. Depending on the Third-Party Login Service you choose and subject to the privacy settings that you have set in such Third-Party Login Service, personally identifiable information that you post to your External Account may be available on and through your Account on the Service. YOUR RELATIONSHIP WITH THE PROVIDERS OF THE THIRD-PARTY LOGIN SERVICE ASSOCIATED WITH YOUR EXTERNAL ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH PROVIDERS, AND YOUNGPLANET DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH EXTERNAL ACCOUNT.

3. 1.5.3 Registration Data. In registering an account on the Service, you must: (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

4. 1.5.4 Your Account. You are responsible for all activities that occur under your Account. You shall monitor your Account to restrict use by minors, and you accept full responsibility for any unauthorised use of the Service by minors. You agree to notify YoungPlanet immediately of any unauthorised use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, incomplete or not current in connection with your Account, or YoungPlanet has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, YoungPlanet has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Service if you have been previously removed by YoungPlanet, or if you have been previously banned from the Service.

1.6 Service Usage Restrictions. As a condition of use, you agree not to:

1. 1.6.1 use the Service for any purpose that is prohibited by this Agreement or by applicable law;

2. 1.6.2 licence to any third party, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Service or any portion of the Service;

3. 1.6.3 frame or utilise framing techniques to enclose any trademark or logo located on the Service or any other portion of the Service (including images, text, page layout or form);

4. 1.6.4 use any metatags or other “hidden text” using YoungPlanet’s name or trademarks;

5. 1.6.5 modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service except to the extent the foregoing restrictions are expressly prohibited by applicable law;

6. 1.6.6 use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Service (except that YoungPlanet grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available, non-subscription gated, portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

7. 1.6.7 remove or destroy any copyright notices or other proprietary markings contained on or in the Service;

8. 1.6.8 impersonate any person or entity, including any employee or representative of YoungPlanet; or

9. 1.6.9 interfere with or attempt to interfere with the proper functioning of the Service or use the Service in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features of the Service, introducing viruses, worms, or similar harmful code into the Service, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Service.

2.1 Types of Content. You acknowledge that any information, data, text, software, sound, photographs, graphics, messages, tags and/or other materials accessible through the Service (collectively, “Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not YoungPlanet, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available (“Post”) to or through the Service (“Your Content”), and that other users of the Service, and not YoungPlanet, are similarly responsible for all Content that they Post through the Service (“User Content”).

2.2 You Own Your Content. YoungPlanet does not claim ownership of Your Content. However, when you Post any Content on or to the Service, you represent that you own and/or have sufficient rights to Your Content to grant the licence set forth in Clause 2.3.

2.3 Licence to Your Content. Subject to any applicable Account settings that you select, you grant YoungPlanet a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicencees) right (including any moral rights) and licence to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display Your Content (in whole or in part) for the purposes of operating, improving, and providing the Service to you and other users, and to enable research regarding the use and function of the Service. Please remember that other users may be able to search for, see, use, modify and/or reproduce any of Your Content that you Post on any area of the Service that is accessible by other users.

2.4 Investigations, Monitoring, and No Obligation to Pre-Screen Content. YoungPlanet may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Service and/or Content, including Your Content and User Content, at any time. You hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.

Without limiting the foregoing, YoungPlanet reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in YoungPlanet’s sole discretion; (b) take any action with respect to any of Your Content that YoungPlanet deems necessary or appropriate in YoungPlanet’s sole discretion, including if YoungPlanet believes that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for YoungPlanet; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorised use of the Service or if YoungPlanet otherwise believes that criminal activity has occurred; and/or (e) terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of this Agreement. Upon determination by YoungPlanet, in its sole discretion, of any possible violations by you of any provision of this Agreement with respect to Your Content, YoungPlanet, may, at its sole discretion immediately terminate your licence to use the Service, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

If YoungPlanet believes that criminal activity has occurred, YoungPlanet reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Service, including Your Content, in YoungPlanet’s possession in connection with your use of the Service, to: (i) comply with applicable laws, legal process or governmental request; (ii) enforce this Agreement; (iii) respond to any claims that Your Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of YoungPlanet, its users or the public, and all enforcement or other government officials, as YoungPlanet, in its sole discretion, believes to be necessary or appropriate.

2.5 Restrictions on Types of Content. You agree not to Post any Content on or through the Service that: (a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (b) constitutes unauthorised or unsolicited advertising, junk or bulk email; (c) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (d) contains nudity, violence, sexually explicit, or offensive subject matter as determined by YoungPlanet in its sole discretion; (e) promotes or offers any goods or items that may not be listed, offered, or made available on the Service pursuant to Clause 4.3; or (e) depicts or portrays another person without that person’s permission. The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this Clause. Any unauthorised use of the Service terminates the licences granted by YoungPlanet pursuant to this Agreement.

2.6 Content Provided by Other Users. The Service may contain Content that other users Post. You acknowledge and agree that YoungPlanet: (a) is not responsible for and does not control such Content; and (b) does not approve or endorse, or make any representations or warranties with respect to, to such Content. You use all Content that other users Post and interact with other users at your own risk. The Service contains reporting mechanisms where you can report behaviour or Content that breaches these Terms.

3.1 The Service. Except with respect to Your Content, you agree that YoungPlanet and its suppliers or licensors own all right, title, and interest in and to the Service (including but not limited to, any computer code, themes, objects, copy, text, graphics, artwork, animations, designs, and documentation). You must not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in any of the Service.

3.2 Trademarks. YoungPlanet’s name and all related stylizations, graphics, logos, service marks and trade names used on or with the Service are the trademarks of YoungPlanet and may not be used without permission in connection with your, or any third-party’s, products or services. Other logos, trademarks, service marks, and trade names that may appear on or in the Service are the property of their respective owners.

3.3 Feedback. You agree that your submission of any ideas, suggestions, documents, and/or proposals to YoungPlanet through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that YoungPlanet has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent, warrant, and covenant that you have all rights necessary to submit the Feedback. You hereby grant to YoungPlanet a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and licence to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicence the foregoing rights, in connection with the operation and maintenance of the Service and/or YoungPlanet’s business.

4.1 Marketplace Definitions. For purposes of this Agreement:

1. 4.1.1 “Exchange” means the physical transfer of an Item from Giver to Receiver whether through in person collection or delivery via shipping;

2. 4.1.2 “Giver” means a user that makes an item available or offers an item to other users on the Service;

3. 4.1.3 “Item” means a physical item made available or offered by a Giver on the Service;

4. 4.1.4 “Listing” means a post on the Service by a Giver offering or making available an Item to users;

5. 4.1.5 “Receiver” means a user for whom the applicable Giver has committed to give, is giving, or has given an Item;

6. 4.1.6 “Shipping Costs” means the actual costs and expenses for shipping an Item to a Receiver.

4.2 Non-Commercial Purposes Only

1. 4.2.1 All Items are Free. Items may only be made available at no cost to the Receiver. If you are the Giver of an Item, you agree not to request or require any payment for the Item, other than the cost of postage if you agree to ship the Item to the Receiver as described in Clause 4.8.

2. 4.2.2 No Commercial Gains from Exchanged Items. Items made available via the Service are only be made available for the purpose of reuse and not for commercial gain by the Receiver. If you are a Receiver, you agree not to request, collect, or receive any Item with the intention of or for the purpose of: (i) selling such Item; (ii) renting such Item; (iii) otherwise profiting or seeking commercial gain from such Item; or (iv) permitting a third party to do any of the preceding (i) through (iii).

3. 4.2.3 Notifying YoungPlanet of Violations. If you see, experience, or suspect any user using the Marketplace for commercial purposes or otherwise in violation of the foregoing (a) and (b), please notify YoungPlanet at info@youngplanet.com.

4.3 Restricted Items. You may not make available, include in any Listing, offer, or Exchange any:

1. 4.3.1 perishable or opened food or cosmetics;

2. 4.3.2 alcohol, tobacco, and vapes or e-cigarettes;

3. 4.3.3 prescription or controlled medicines;

4. 4.3.4 animals or other living beings;

5. 4.3.5 adult or sexual content or items;

6. 4.3.6 hazardous materials (flammables, chemicals, gas canisters, fireworks);

7. 4.3.7 goods, products, or items that are subject to a product safety recall or withdrawal notice or that pose a safety risk if reused, including but not limited to: (i) cots, cot mattresses, and other nursery furniture that do not meet current British or UK safety standards; (ii) car seats, booster seats, or other child restraints that have been involved in a collision or are more than the manufacturer's recommended age/lifespan; and (iii) toys or children's products that have been subject to a UK or EU product recall; or

8. 4.3.8 goods, products, or items for which possession, use, solicitation, or distribution illegal, infringing, unsafe, or otherwise prohibited by law, regulation, or ordinance. .

4.4 Listings

1. 4.4.1 Listing Content. When creating a Listing, you must:

   1. 4.4.1.1 describe the Item accurately in the Listing, indicating any possible faults, and the condition of the Item;

   2. 4.4.1.2 include at least one good quality photograph in the Listing of the actual Item in the Listing;

   3. 4.4.1.3 only post photographs of the actual Item in the Listing;

   4. 4.4.1.4 ensure that photographs of Items reflect the actual quality and external appearance of the Item, as well as any presence of faults with the Item; and

   5. 4.4.1.5 not post photographs of items that are the same as or similar to the Item that are found on or sourced from the internet or any other source.

2. 4.4.2 Representations and Warranties. If you are creating a Listing, or otherwise making available, or offering an Item on the Service you represent, warrant, and Covenant that: (i) the making available, offer, or Exchange of the Item and the Listing does not violate this Agreement; (ii) you are in possession of the Item; and (iii) you have all necessary right, title, and permission to make available, offer, give, and Exchange the applicable Item.

3. 4.4.3 Right to Remove Listings. YoungPlanet reserves the right to remove any Listing for any reason, including if the Listing has been active for greater than a certain period of time or violates the terms set forth herein.

4.5 Relationship Solely Between Users. When users coordinate around an Exchange on the Service, the relationship with regard to the requesting, reserving and Exchange of the Item, is solely between those users and YoungPlanet is not a party to or member of that relationship. Unless the applicable Giver has received payment to Post an Item, the Giver retains full discretion with respect to the applicable Item until Giver has completed an Exchange with respect to such Item, including with whom Giver wishes to participate in an Exchange with respect to the Item or whether Giver wishes to participate in an Exchange with respect to the Item, regardless of whether the Giver has previously committed to an Exchange with a Receiver with respect to the Item.

4.6 Right to Change One’s Mind. A user’s intention to participate in an Exchange, including a Receiver requesting an Item or a Giver reserving an Item for a Receiver does not create an obligation to complete an Exchange. Users may change their mind at any time prior to completing an Exchange and opt not to complete an Exchange. You acknowledge and agree that YoungPlanet makes no promise or commitment that any Exchange will be completed and will have no liability if a user opts not to or fails to complete an Exchange for whatever reason.

4.7 Interactions with Other Users. You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service; provided, however, that YoungPlanet reserves the right, but has no obligation, to intercede in any disputes between you and any other users. You agree that YoungPlanet will not be responsible for any liability incurred as the result of your interactions with other users. You agree, and promise to other users you interact with on the Service, including in connection with the offering, requesting, communicating regarding, or collecting an Item on the Marketplace, that you:

1. 4.7.1 will:

   1. 4.7.1.1 interact with other users in a respectful, courteous, and lawful manner at all times;

   2. 4.7.1.2 provide accurate, complete, and truthful information in Listings and communications;

   3. 4.7.1.3 communicate clearly and reliably regarding the condition, availability, and Exchange arrangements with respect to an Item;

   4. 4.7.1.4 respect the privacy of other users and only request or share personal information necessary to facilitate an Exchange;

   5. 4.7.1.5 take reasonable steps to ensure your personal safety when arranging Exchanges;

   6. 4.7.1.6 use the Marketplace solely for its intended purpose of enabling free, non-commercial Exchanges; and

   7. 4.7.1.7 comply with all applicable laws and regulations in your use of the Service and interactions with other users; and

2. 4.7.2 will not, and will not attempt to:

   1. 4.7.2.1 engage in abusive, threatening, harassing, discriminatory, or otherwise harmful conduct;

   2. 4.7.2.2 mislead, deceive, or misrepresent or provide false, misleading, or deceptive information, in any way;

   3. 4.7.2.3 engage in fraudulent activity or scams, or impersonate any third party;

   4. 4.7.2.4 request, collect, or store any personal or sensitive information or data of another user beyond what is necessary for performing an Exchange with such user;

   5. 4.7.2.5 use personal or sensitive information or data of another user other than solely as necessary for performing Exchanges with such user;

   6. 4.7.2.6 send spam, unsolicited messages, or repeatedly contact users without consent; or

   7. 4.7.2.7 engage in any unlawful behaviour.

4.8 Shipping an Item. A Giver and Receiver may agree that the Giver will ship an Item to the Receiver. Payments from Receiver to Giver for Giver to ship and Item are not handled or facilitated via the Service. The Giver and Receiver must agree to their own means for the transfer of costs and expenses for Giver to ship an Item to Receiver. However, YoungPlanet recommends and encourages Giver and Receiver to transfer such funds via a reputable third party service such as PayPal and avoid exchanging banking details with one another via the Service. YoungPlanet is not involved in any such transfer of funds, does not facilitate any such transfer, and any such transfer is subject to the terms and conditions of such third party. If you are a Giver who has agreed to ship and Item to a Receiver, you agree to promptly ship the Item after receipt of Shipping Costs, to only charge the Shipping Costs. If you are a Giver and you collect Shipping Costs from a Receiver for shipping an Item to that Receiver: (i) you agree to Ship the Item to that user as agreed between you and the such user; and (ii) if you change your mind or otherwise decide not to ship the Item to that user, you agree to refund that user all amounts paid for Shipping.

4.9 No Verification of Users or Items. YoungPlanet does not verify the identity of users, conduct background checks, or vet the accuracy of information users provide about themselves or their Items. You are solely responsible for exercising appropriate caution and judgement when interacting with, or agreeing to meet, other users, including when arranging an Exchange. YoungPlanet recommends meeting in a public place where possible, telling someone else about your planned Exchange, and never sharing financial or sensitive personal information with another user. Where you are the Receiver of an Item intended for use by a child, you are solely responsible for, and YoungPlanet will have no responsibility or responsibility for, any use of the Item, including the age-appropriateness, safety, and condition of the Item.

5.1 Certain Definitions. For purposes of this Agreement:

1. 5.1.1 “Coupon Code” means a coupon, discount, or promotional code made available via the Service that is redeemable for a discount or benefit in connection with a purchase on or at a third party’s website, application, service, or store;

2. 5.1.2 “Face Value” means the value for which a Voucher may be redeemed from a Provider.

3. 5.1.3 “Provider” means a business or brand for which a Voucher or Coupon Code is made available via the Service;

4. 5.1.4 “Provider Property” means, with respect to a Provider, such Provider’s websites, applications, services, or stores;

5. 5.1.5 “Purchase Price” means the price to be paid on the Service for the purchase of a Voucher; and

6. 5.1.6 “Voucher” means a prepaid voucher or gift card that is redeemable for a set monetary value in making purchases on or at a third party’s website, application, service, or store.

5.2 Parents and Guardians Only. By signing up for, subscribing to, or otherwise using the Discount Offering, you represent and warrant that you are a parent or legal guardian of a person under the age of 18. If you are not a parent or legal guardian, you are not eligible to sign up for, subscribe to, or otherwise use the Discount Offering. If YoungPlanet learns or has reason to believe that you are not a parent or legal guardian, YoungPlanet may immediately terminate your Subscription to the Discount Offering, this Agreement, or your ability to access and use the Discount Offering or the Service in YoungPlanet’s sole discretion.

5.3 Affiliate Disclosure.

1. 5.3.1 Commissions. YoungPlanet participates in affiliate programmes operated by or on behalf of Providers. If you make a purchase on a Provider Property with a Voucher or Coupon Code, or if you are redirected to a Provider Property from the Service and subsequently complete a qualifying purchase, whether or not using a Coupon Code or a Voucher, YoungPlanet may receive a commission from the applicable Provider. Any commission is paid by the Provider and does not increase the price you pay to the Provider. YoungPlanet’s participation in affiliate programmes does not influence the accuracy or validity of Vouchers or Coupon Codes presented on the Service.

2. 5.3.2 Tracking. When you click to be redirected to a Provider Property, including when you click to redeem a Coupon Code on the Service, you will be redirected to the applicable Provider Property via one or more third party properties or networks (any such property or network through which you are redirected, a “Third Party Network”). At the point of redirect, the Third Party Network will automatically deploy cookies, tracking pixels, tags, or other similar technologies (“Tracking Technology”) on your device. The Tracking Technology is used to record your visit for the purpose of attributing any qualifying purchase to YoungPlanet for commission purposes. Tracking Technology is deployed by or on behalf of the Provider or the Third Party Network, not directly by us. The Provider’s or Third Party Network’s privacy policy governs data collected through Tracking Technology. Where required by applicable law, including the Privacy and Electronic Communications Regulations 2003, your consent to non-essential Tracking Technology will be obtained through YoungPlanet’s cookie consent mechanism at or before the point of redirect. Please ensure your cookie preferences reflect your wishes before using the Coupon Code feature.

5.4 Vouchers

1. 5.4.1 Voucher Source. When you purchase a Voucher, you are purchasing a Voucher from YoungPlanet acting as the reseller of such Voucher. YoungPlanet is not the issuer of the Voucher. The Voucher is sourced by YoungPlanet and is redeemable with the relevant Provider.

2. 5.4.2 Voucher Terms. All Vouchers that you purchase via the Service are purchased and redeemed subject to the applicable Provider’s terms and conditions with respect to such Voucher and the purchase and redemption thereof (the “Voucher Terms”). Please review the Voucher Terms for each Voucher prior to your purchase thereof as they may restrict your ability to purchase or redeem the Voucher, including by restricting, without limitation, the face value of the Voucher you may purchase, the quantity of Vouchers you may purchase, the products or services for which the Voucher may be redeemed, and the expiration of the Voucher. The Voucher Terms are set by the Provider and are outside YoungPlanet’s control. YoungPlanet is not responsible for any refusal by a Provider to honour a Voucher where that refusal is made in accordance with the applicable Voucher Terms.

3. 5.4.3 Voucher Limits. YoungPlanet may, in its sole discretion, limit or restrict the quantity of Vouchers you may purchase or the Face Value of any Vouchers you wish to purchase.

4. 5.4.4 Pricing. The Face Value and Purchase Price applicable to each Voucher will be presented clearly before you confirm your purchase. The Face Value and Purchase Price are fixed at the time of purchase. YoungPlanet may, in its sole discretion, change the fee structure or discount off of Face Value offered on any Vouchers on a go forward basis.

5. 5.4.5 Third-Party Payment Service Provider. YoungPlanet uses Stripe, Inc. and its affiliates (collectively, “Stripe”) as its third-party service provider for payment services for purchases of Vouchers on the Service (e.g., card acceptance, merchant settlement, and related services). If you make purchase a Voucher on the Service, you will be required to provide your payment details and any additional information required to complete your order directly to Stripe. You agree to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/ssa) and hereby consent and authorise YoungPlanet and Stripe to share any information and payment instructions you provide with one or more third-party service providers to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by Stripe and your card issuer, and YoungPlanet is not responsible if your card issuer declines to authorise payment for any reason. For your protection, Stripe uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorise it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. YoungPlanet is not responsible for this. In some circumstances, Stripe may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.

6. 5.4.6 Payment. You agree to pay all fees or charges (“Fees”) for purchases of Vouchers that you make on the Service in accordance with the fees, charges, and billing terms in effect at the time a Fee is due and payable. By providing YoungPlanet and/or Stripe with your payment information, you agree that YoungPlanet and/or Stripe is authorised to immediately invoice such payment information for all Fees due and payable to YoungPlanet for your purchases of Vouchers and that no additional notice or consent is required. YoungPlanet reserves the right at any time to change its prices and billing methods in its sole discretion on a go-forward basis. You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by YoungPlanet and/or Stripe. Your failure to provide accurate payment information to YoungPlanet and/or Stripe or YoungPlanet’s and/or Stripe’s inability to collect payment constitutes your material breach of this Agreement. Except as set forth in this Agreement, all Fees for the Service are non-refundable.

7. 5.4.7 Voucher Purchase VAT. Prices for Vouchers may be subject to Value Added Tax (“VAT”) depending on the type of Voucher purchased. Where a Voucher can only be redeemed for goods or services taxed at a single VAT rate, VAT is charged to you at the time of purchase and shown in your order total. In such a case, you will not be charged VAT again by the Provider when the Voucher is redeemed. Where a Voucher can be redeemed for goods or services taxed at different VAT rates, no VAT is charged at purchase; instead, VAT will be charged by the Provider at the time of redemption, calculated on the produce or services for which you redeem the Voucher. We will indicate at checkout and on your receipt whether VAT has been included in the price; if no VAT is shown, VAT will instead be due on redemption. We accept no responsibility for the VAT charged by a Provider on redemption or for any changes in VAT rates between purchase and redemption.

8. 5.4.8 Delivery. Vouchers are delivered electronically to your registered email address, ordinarily as soon as practicable after purchase and in any event within 24 hours after purchase. You are responsible for ensuring your registered email address is correct and active. YoungPlanet is not liable for non-delivery resulting from an incorrect or inactive email address. If you do not receive a Voucher within 24 hours, please check your spam folder before contacting YoungPlanet at info@youngplanet.com.

   1. 5.4.8.1 No Cancellation or Refund After Issuance. Once a Voucher has been issued and delivered to your email address, the sale is complete and final. Subject to Clause 5.4(i), you have no right to cancel the purchase or receive a refund, because the Voucher is digital content supplied with your express consent before any cancellation period could expire.

9. 5.4.9 Faulty or Undelivered Vouchers. Nothing in this Agreement limits your statutory rights where a Voucher is faulty, not as described, or otherwise does not conform to contract. If your Voucher is not delivered, is technically invalid, or is not as described, contact YoungPlanet at info@youngplanet.com within 14 days of purchase (a “Voucher Issue”). Where the Voucher Issue is confirmed, YoungPlanet will, in YoungPlanet’s sole discretion, re-issue the Voucher or refund the Purchase Price. You agree to provide such evidence as YoungPlanet may reasonably require to demonstrate a Voucher Issue.

10. 5.4.10 Provider Insolvency or Programme Withdrawal. Vouchers are obligations of the issuing Provider, not of YoungPlanet. If a Provider becomes insolvent, ceases trading, or discontinues its gift card programme, you may have independent claims against the Provider or through your card issuer’s chargeback mechanism, which YoungPlanet encourages you to pursue.

11. 5.4.11 Loss or Damage. Vouchers are provided at the time of purchase and will not be reissued. For safety and security, links provided to you for the collection of any Vouchers may expire or cease functioning after a reasonable period. Please promptly collect and safely store any Vouchers that you purchase on the Service. You acknowledge and agree that YoungPlanet has no responsibility or liability for any loss or damage to any Voucher after it has been delivered to or collected by you or as a result of any failure to collect such Voucher.

5.5 Coupon Codes

1. 5.5.1 Coupon Code Source. YoungPlanet sources Coupon Codes from Providers and their authorised representatives. YoungPlanet does not create, own, control, or guarantee any Coupon Codes.

2. 5.5.2 Coupon Code Terms. All Coupon Codes that you access via the Service are accessed, used, and redeemed subject to the applicable Provider’s terms and conditions with respect to such Coupon Code and the access, use, and redemption thereof (the terms and conditions of a Provider applicable to a Coupon Code or the access, use, and redemption, the “Coupon Code Terms”). Please review the Coupon Code Terms for each Coupon Code prior to your access, use, or redemption thereof as they may restrict your ability to redeem the Coupon Code, including by restricting, without limitation, the products or the minimum or maximum order size for which the Coupon Code may be redeemed or who is eligible to redeem the Coupon Code. The Coupon Code Terms are set by the Provider and are outside YoungPlanet’s control.

3. 5.5.3 No guarantee of accuracy or validity. Information related to Coupon Codes, including expiration dates, usage conditions or limitations, discount depth, and currencies displayed on the Service are provided in good faith and are based on information available to us. YoungPlanet does not guarantee that any coupon code listed on the Service:

   1. 5.5.3.1 is valid, in effect, or has not expired;

   2. 5.5.3.2 will function correctly at any particular Provider Property;

   3. 5.5.3.3 is applicable to any or all products, categories, or order values on the Provider Property; or

   4. 5.5.3.4 will produce the discount or saving described, anticipated, or desired.

5.6 Personal Use Only. Coupon Codes and Vouchers are for your personal use only and are not redeemable for cash. You must not:

1. 5.6.1 resell, transfer, share, or distribute any Coupon Code or Voucher to any third party;

2. 5.6.2 share any Coupon Codes with or make any Coupon Codes available to any third parties, including by posting a Coupon Code on any third party website, service, application, or forum;

3. 5.6.3 use Coupon Codes or Vouchers for any commercial purpose;

4. 5.6.4 use automated means to access, extract, or exploit Coupon Codes or Vouchers from the Service;

5. 5.6.5 share account credentials with any other person to gain access to these features; or

6. 5.6.6 engage in patterns of use inconsistent with personal consumer use, including bulk or systematic redemption.

5.7 Misuse. YoungPlanet reserves the right to suspend or terminate your Account or your access to the Discount Offering, and to withhold pending purchases of Vouchers, where YoungPlanet reasonably suspects misuse or fraud.

5.8 Purchases from Providers. Your access to and use of any Provider Property and your purchase of any products or services from a Provider, whether using a Voucher, Coupon Code, or otherwise, is subject to the terms and conditions applicable to the Provider Property and your purchase from the Provider (“Provider Terms”). Provider Terms are solely between you and the applicable Provider and YoungPlanet is not a party to any such Provider Terms. All products or services you purchase from a Provider are priced, fulfilled, and shipped by the applicable Provider and not by YoungPlanet. YoungPlanet is not an agent, reseller (other than with respect to the sale of Vouchers on the Service), or distributor of or for Providers or Providers’ products or services. YoungPlanet does not assume any responsibility and is not responsible for any issue arising from or related to your purchases from or interactions with Providers, including for any claim, product liability claim, injury, property damage, improper charges, delivery, failures, promotional codes, pricing errors, or inaccurate product descriptions. If you are unhappy with your purchase from a Provider or if you have another customer service issue regarding a Provider’s product, you must contact the Provider.

5.9 No Liability for Providers. You acknowledge and agree that YoungPlanet is not liable for any:

1. 5.9.1 loss or damage arising from your use of a Provider Property;

2. 5.9.2 any refusal by a Provider to honour a Coupon Code or Voucher;

3. 5.9.3 any withdrawal of a Provider, Coupon Code, or Voucher from the Service;

4. 5.9.4 any action or inaction of any Provider, Third Party Network;

5. 5.9.5 any failure of technology underlying or used in any Provider Property, Third Party Network;

6. 5.9.6 any inaccuracy in, or expiry of, a Voucher or Coupon Code; or

7. 5.9.7 loss of anticipated savings.

6.1 Overview. If you purchase access to certain features and functionality of the Services on a time-limited basis (a “Subscription”), your Subscription will automatically renew at the end of the period of time for which you originally signed up (the “Initial Term”), for subsequent and consecutive periods of the same duration as the initial term (each a “Renewal Term”) unless you opt out of the automatic renewal of service term in accordance with Clause 6.6. YoungPlanet is not obligated to provide to you the features or functionality for which you have purchased a Subscription until YoungPlanet accepts your order by a confirmatory email or other appropriate means of communication.

6.2 Payment Processing. Subscription purchases made within the Application are processed directly by Apple Inc. (via the Apple App Store) or Google LLC (via Google Play Store), depending on the platform you are using. YoungPlanet does not collect, store, or process your payment information in connection with purchases of Subscriptions. All billing for Subscriptions is governed by the payment terms of the applicable app store. You authorise the applicable app store to charge your account for renewal on a recurring basis until you cancel.

6.3 Pricing and Billing. The Fee for a Subscription (“Subscription Fee”) will be billed at the start of the Subscription and at the start of each Renewal Term at the then-current price unless for such Subscription unless auto-renewal is turned off at least 24 hours before the end of the current period. YoungPlanet reserves the right to change the timing of its billing and the Subscription pricing at any time on a go forward basis. If changes to the Subscription price occur that impact your Subscription, YoungPlanet will use commercially reasonable efforts to notify you in accordance with the policies of the applicable app store. Continued use of the Subscription after a price change takes effect constitutes your acceptance of the new price. If you do not agree with such changes, you may cancel your Subscription as set forth in Clause 6.6.

6.4 Automatic Renewal. The frequency at which your Subscription renews will be designated at the time at you sign up for the Subscription. Upon renewal of your Subscription, if YoungPlanet or the applicable app store does not receive payment: (a) you shall pay all amounts due on your Account upon demand; and/or (b) you agree that YoungPlanet may either terminate or suspend your Subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received).

6.5 Free Trials. YoungPlanet may, at its discretion, offer a free trial period for a Subscription. If you do not cancel before the end of the free trial period, your Subscription will automatically convert to a paid Subscription at YoungPlanet's then-current price for such Subscription, and you authorise YoungPlanet or the applicable app store to begin charging your designated payment method accordingly. If required by law, YoungPlanet will notify you before your free trial ends, but you are responsible for cancelling before the trial period expires if you do not wish to be charged. Only one free trial per person is permitted, regardless of whether you use multiple Accounts, email addresses, or payment methods.

6.6 Subscription Management and Cancelation. You can manage and review your Subscription at any time through your device's account settings or in your Account settings on the Service. If you wish to cancel, change, or terminate a Subscription that you purchased from a third-party application store, you must do so prior to the Renewal Commencement Date via such third-party application store. YoungPlanet has no ability to cancel, modify, or refund subscriptions on your behalf.

6.7 Effect of Cancellation. If you cancel your Subscription, you may use your Subscription until the end of your then-current Subscription term; your Subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Service Subscription Fee paid for the then-current Subscription period.

6.8 Upgrades and Downgrades. If you choose to upgrade your Subscription in the middle of a Subscription period, such upgrade will take effect immediately and any incremental fees associated with such upgrade will be charged in accordance with this Agreement. In any future Renewal Term, the Subscription Fees will reflect any such upgrades. If you choose to downgrade a Subscription, the downgrade will take effect as of the first day of the next Renewal Term. Downgrading a Subscription may cause loss of content, features, or capacity of the Services as available, and YoungPlanet does not accept any liability for such loss.

6.9 Cancellation Period. You have a legal right to cancel your Subscription until 14 days after the day on which the Subscription was entered into. This means that during that period if you change your mind or decide for any other reason that you do not want to continue receiving the Service, you can notify YoungPlanet of your decision to cancel your Subscription and receive a refund. Advice about your legal right to cancel your Subscription terms is available from your local Citizens’ Advice Bureau or Trading Standards office. Notwithstanding the foregoing, where, during the 14-day cancellation period, you access, obtain, reveal, or redeem any Coupon Code or Voucher under your Subscription, you acknowledge and agree that: (a) each such Coupon Code or Voucher constitutes digital content which is supplied to you immediately upon your request; (b) by obtaining or redeeming a Coupon Code or Voucher during the cancellation period, you expressly consent to such immediate supply and acknowledge that you will thereby lose your statutory right to cancel in respect of that Coupon Code or Voucher; and (c) any refund payable to you on cancellation of your Subscription will be reduced to reflect the value of any Coupon Codes or Vouchers already obtained or redeemed, calculated on a pro-rata or fair-value basis as reasonably determined by YoungPlanet. Where the value of Coupon Codes or Vouchers obtained or redeemed equals or exceeds the Subscription fee paid, no refund will be due.

6.10 Subscription Fee VAT. All Subscription Fees displayed to you are inclusive of VATat the rate applicable in the United Kingdom at the time of your payment. If the rate of VAT changes between the date you subscribe and the date any payment is taken, YoungPlanet may adjust the amount of VAT payable on that payment accordingly, without otherwise changing the price of your Subscription. You are not responsible for any other taxes, duties, or levies arising from your use of the Service, save as expressly stated in this Agreement.

7.1 Third-Party Websites, Applications and Ads. The Service may contain links to third-party websites, services, applications and advertisements (collectively, the “Third-Party Services”). When you click on a link to a Third-Party Service, YoungPlanet will not warn you that you have left the Service and you become subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of YoungPlanet. YoungPlanet is not responsible for any Third-Party Services. YoungPlanet provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave the Service, this Agreement and YoungPlanet’s policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

7.2 Sharing Your Content and Information Through Third-Party Services. YoungPlanet may provide tools through the Service that enable you to export information, including Your Content, to Third-Party Services. By using one of these tools, you agree that YoungPlanet may transfer that information to the applicable Third-Party Service. YoungPlanet is not responsible for any Third-Party Service’s use of your exported information.

7.3 Advertising Revenue. YoungPlanet reserves the right to display Third-Party Ads before, after, or in conjunction with Content posted on the Service, and you acknowledge and agree that YoungPlanet has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by YoungPlanet as a result of such advertising).

7.4 Third-Party Application Access. With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you shall only use the App Store Sourced Application: (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. Notwithstanding the first sentence in this Clause, with respect to any Application accessed through or downloaded from the Google Play store, you may have additional licence rights with respect to use of the Application on a shared basis within your designated family group.

7.5 Accessing and Downloading the Application from the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

1. 7.5.1 You acknowledge and agree that: (i) this Agreement is concluded between you and YoungPlanet only, and not Apple; and (ii) YoungPlanet, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

2. 7.5.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

3. 7.5.3 In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between YoungPlanet and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of YoungPlanet.

4. 7.5.4 You and YoungPlanet acknowledge that, as between YoungPlanet and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

5. 7.5.5 You and YoungPlanet acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between YoungPlanet and Apple, YoungPlanet, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

6. 7.5.6 You and YoungPlanet acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your licence of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your licence of the App Store Sourced Application against you as a third-party beneficiary thereof.

7. 7.5.7 Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

8.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE, INCLUDING THE MARKETPLACE AND DISCOUNT OFFERING AND ANY VOUCHERS AND COUPON CODES, IS AT YOUR SOLE RISK, AND THE SERVICE, INCLUDING THE MARKETPLACE AND DISCOUNT OFFERING AND ANY VOUCHERS AND COUPON CODES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. YOUNGPLANET EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE, INCLUDING THE MARKETPLACE AND DISCOUNT OFFERING AND ANY VOUCHERS AND COUPON CODES.

1. 8.1.1 YOUNGPLANET MAKES NO WARRANTY, REPRESENTATION, OR COVENANT THAT: (i) THE SERVICE, OR ANY ITEM, COUPON CODE, OR VOUCHER WILL MEET YOUR REQUIREMENTS (SUCH AS THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICE); (ii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

2. 8.1.2 ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

3. 8.1.3 From time to time, YoungPlanet may offer new “beta” features or FUNCTIONALITY with which YOU may experiment. Such features or FUNCTIONALITY are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at YoungPlanet’s sole discretion. The provisions of this Clause apply with full force to such features or tools.

8.2 No Liability for Conduct of Third Parties. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUNGPLANET IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD YOUNGPLANET LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS, PROVIDERS, OR OPERATORS OF THIRD PARTY SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU UNDERSTAND THAT YOUNGPLANET DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS, PROVIDERS, OR OPERATORS OF THIRD PARTY SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT YOUNGPLANET DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER. YOUNGPLANET MAKES NO WARRANTY THAT ANY ITEMS YOU RECEIVE FROM ANOTHER USER OR ANY THE PRODUCTS OR SERVICES PURCHASED FROM PROVIDERS WILL MEET YOUR REQUIREMENTS OR BE OF ANY PARTICULAR QUALITY. YOUNGPLANET MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE SERVICE.

9.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE YOUNGPLANET BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ANY YOUNGPLANET PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, PROVIDERS, OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, INCLUDING TO THE EXTENT RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICE; (b) ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (c) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A YOUNGPLANET PARTY FOR: (i) DEATH OR PERSONAL INJURY CAUSED BY A YOUNGPLANET PARTY’S NEGLIGENCE; OR (ii) ANY INJURY CAUSED BY A YOUNGPLANET PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. NOTWITHSTANDING THE FOREGOING YOUNGPLANET DOES NOT, AND NOTHING IN THIS AGREEMENT PURPORTS TO IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY YOUNGPLANET’S NEGLIGENCE; (2) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (3) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.

9.2 Cap on Liability. To the fullest extent permitted by law, YoungPlanet shall not be liable to you for more than the greater of: (a) the Purchase Price paid for the specific Voucher, if any, giving rise to the claim; (b) the total Subscription Fees paid by you in the 12 months preceding the event giving rise to the claim; or (c) if applicable, the statutory remedy or penalty imposed by the statute under which such claim arises. The foregoing cap on liability does not apply to liability of YoungPlanet for: (i) death or personal injury caused by YoungPlanet’s negligence; (ii) any injury caused by YoungPlanet’s fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be excluded or limited under English law, including under the Consumer Rights Act 2015.

9.3 User Content. YOUNGPLANET ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

9.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOUNGPLANET AND YOU.

10.1 Term. The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above), and continues in full force and effect until terminated earlier in accordance with this Agreement.

10.2 Termination of Service by YoungPlanet. If you have materially breached any provision of this Agreement, or if YoungPlanet is required to do so by law (e.g., where the provision of the Service is, or becomes, unlawful), YoungPlanet has the right to, immediately and without notice, suspend or terminate any Service provided to you. YoungPlanet reserves the right to terminate this Agreement or your access to the Service at any time without cause upon notice to you. You agree that all terminations for cause are made in YoungPlanet’s sole discretion and that YoungPlanet shall not be liable to you or any third party for any termination of your Account.

10.3 Termination by You. If you want to terminate this Agreement, you may do so by (i) notifying YoungPlanet at any time and (ii) closing your Account for the Service. Your notice should be sent, in writing, to YoungPlanet’s address set forth below. ANY SUCH TERMINATION WILL BE EFFECTIVE AT THE END OF THE THEN-CURRENT TERM OF ANY AND ALL OF THE SUBSCRIPTIONS AS SET FORTH IN CLAUSE 6.2 (AUTOMATIC RENEWAL), WHICH WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN CLAUSE 6.2 (AUTOMATIC RENEWAL).

10.4 Effect of Termination. Upon termination of the Service or the applicable feature or functionality thereof, your right to use the Service or the applicable feature or functionality thereof will automatically terminate, and YoungPlanet may delete Your Content associated therewith from YoungPlanet’s live databases. If YoungPlanet terminates your Account for cause, YoungPlanet may also bar your further use or access to the Service. YoungPlanet will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive, will survive termination of Service, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

10.5 No Subsequent Registration. If this Agreement is terminated for cause by YoungPlanet or if your Account or ability to access the Service is discontinued by YoungPlanet due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you will not attempt to re-register with or access the Service through use of a different member name or otherwise.

11.1 Governing Law. These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.

11.2 Initial Informal Resolution. If you have a dispute with YoungPlanet regarding your subscription, a platform transaction, or any other service matter, you agree to first contact YoungPlanet at info@youngplanet.com before taking any formal legal action. YoungPlanet will acknowledge your complaint within 3 working days and attempt to resolve the issue informally through good-faith discussions within fourteen (14) days of receiving your initial notification.

11.3 Voluntary Alternative Dispute Resolution. If YoungPlanet is unable to resolve a dispute informally under Clause 15.2, either party may request to refer the matter to an independent alternative dispute resolution provider. Alternative dispute resolution (“ADR”) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Submission to ADR is entirely voluntary; neither you nor YoungPlanet are legally required to participate in ADR to resolve a dispute.

11.4 Jurisdiction (Your Right to Go to Court). If the dispute cannot be settled through informal resolution or voluntary ADR, either party may initiate legal proceedings. As a consumer, you have the right to bring a claim against YoungPlanet in the courts of the country within the UK where you live. If you live in England or Wales, the courts of England and Wales will have jurisdiction. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.

11.5 YoungPlanet’s Role in User-to-User or User-to-Provider Disputes. YoungPlanet is an intermediary platform and not a party to any Exchanges between Listers and Receivers or between Users and Providers, YoungPlanet is not obligated to resolve disputes between you and any other user or any Provider and will have no liability for the actions of any other User or any Provider.

12.1 Electronic Communications. The communications between you and YoungPlanet may take place via electronic means, whether you visit the Service or send YoungPlanet emails, or whether YoungPlanet posts notices on the Service or communicates with you via email. For contractual purposes, you (i) consent to receive communications from YoungPlanet in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that YoungPlanet electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing.

12.2 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without YoungPlanet’s prior written consent. YoungPlanet may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licences granted under this Agreement. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

12.3 Force Majeure. YoungPlanet shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labour or materials. If a force majeure event occurs that affects YoungPlanet’s performance of its obligations under this Agreement: (i) YoungPlanet will contact you as soon as reasonably possible to notify you; and (ii) YoungPlanet’s obligations under this Agreement will be suspended and the time for YoungPlanet’s performance of its obligations will be extended for the duration of the force majeure event. You may cancel the Service affected by a force majeure event which has continued for more than 14 days. To cancel, please contact YoungPlanet.

12.4 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Service, please contact YoungPlanet at: info@youngplanet.com. YoungPlanet will do YoungPlanet’s best to address your concerns.

12.5 Agreement Updates. When changes are made, YoungPlanet will make a new copy of this Terms of Use and/or Supplemental Terms, as applicable, available on the Service, and YoungPlanet will also update the “Last Updated” date at the top of this Agreement. If YoungPlanet makes any material changes and you have registered an Account, YoungPlanet will notify you of such changes via the Service or the email address associated with your Account. Unless otherwise stated in such update (i) if you access and use the Service without an Account, any changes to this Agreement will be effective immediately upon posting; and (ii) if you access and use the Service with an Account, any changes to this Agreement will be effective immediately upon the earlier of your consent to such changes or fourteen 14 days after posting. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU MUST STOP USING THE SERVICE.

12.6 Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.

12.7 Notice. Where YoungPlanet requires that you provide an email address, you are responsible for providing YoungPlanet with a valid and current email address. In the event that the email address you provide to YoungPlanet is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, YoungPlanet’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to YoungPlanet at the following address: Lydmore House, St Anns Fort, Kings Lynn, Norfolk PE30 2EU. Such notice shall be deemed given when received by YoungPlanet by letter delivered by nationally recognised overnight delivery service or first-class post at the above address.

12.8 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

12.9 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.

12.10 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

12.11 No Third Party Rights. A third party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.