TERMS OF SERVICE

TERMS OF SERVICE

Last updated March 1, 2023.

Please read these terms and carefully as they contain important information regarding your legal rights, remedies and obligations.

OVERVIEW

This website and platform is operated by 14408861 Canada Inc. (d/b/a YAY-List). Throughout the site, the terms “we”, “us”, “our”, and “YAY-List” refer to 14408861 Canada Inc. YAY-List offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Customer Use

You should always check the contact information you provide is correct before creating a customer account, submitting an enquiry or proceeding to payment.

Our website is only intended for use by adults, as defined as those aged 18 or over and who have sufficient capacity to enter into a binding agreement.

Account Integrity

As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate and not misleading. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party or vulgar, obscene or in any other way inappropriate.

You are responsible for maintaining your own username and password via our website. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.

You are responsible for your customer account and any actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.

Product & Service Pricing

Where our subscription prices are published, they should be taken as a guide only. Prices may vary according to features / services enabled, special offers and other factors.

We reserve the right to alter all product and service pricing without notice.

Content Submission

Where we allow content submission to the website by users the views expressed by any user on the website are their own and not those of YAY-List.  Users are obligated to ensure they have appropriate rights and permissions to any photos, videos or any other content they submit to our site.

As a user you agree not to do any of the following:

1. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
3. Use or harvest data provided by other users in a way that they would object to.
4. Contact other users in ways they may find inappropriate.
5. Encourage illegal activity or activity that violates the rights of other users or third parties, whether individuals or organisations.
6. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
7. To pose as another user, third party or organisation or one of our employees for the purposes of obtaining user or third party information.
8. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
9. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
10. Reframe, repurpose the website or any content on it or remove or obscure any notices or advertising provided by us on the website.
11. Load or provide access to content on the website or link to other content from the website, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
12. Make commercial posts or comment spam or attempt to disguise such spam as content.
13. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
14. Use any robot, spider, scraper or other technical means to access the website or content on the website.
15. If you breach these Terms and Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and our website. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
16. The above list is not intended to be exhaustive.

Content Ownership

As a user you retain all ownership rights to content provided by you.

By submitting, posting or displaying your content on the website you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such content on the website. This allows us to place your content on the website and let all users view your content. It also allows us to compress or alter the size of any files you may post onto the Site to ensure that they can be readily displayed for other users.

As this is a non-exclusive licence you as a user are free to provide your content to other websites or other parties, without restriction.

This licence is also royalty-free, which means that the content is provided free of charge to us and we will not pay for the content or account for any advertising revenue generated on the website or on any specific content pages.

This licence is also sub-licensable, which means that our partners and affiliates can also use the content.

This licence also applies worldwide because the website can be accessed from anywhere in the world, at any time.

Also as part of the licence you warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the website. Furthermore if any content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from us.

Content Monitoring

Users can freely add content to the website. We do not monitor or assume any responsibility for content posted to the website. If at any time we decide to monitor the website on any occasion it does not assume responsibility for removing any content or the conduct of any users.

Suspension or Termination

We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.

If a customer account is suspended the length of the suspension period and any reactivation will be at our sole discretion.

Access

We take all reasonable steps to ensure the website is available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our fileservers or where the website or any associated service is unavailable for any reason, whether within or outside our direct control.

Disclaimer

We are not responsible for the accuracy of any content on the website nor any advertisements placed on the website.

We are not responsible for any links to third party websites from our website and the inclusion of any link does not imply an endorsement of a third party website by us.

If you choose to use this site and cotnent, you do so at your sole risk. You acknowledge and agree that we do not have an obligation to conduct background or registered sex offender checks on any member, including, but not limited to customers and entertainment providers, but may conduct such checks in its sole discretion.

The site and content are provided ‘AS IS’, without warranty of any kind, either express or implied. We make no warranty that the site and content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of any party providers, customers, entertainment providers, the services or content or the accuracy, timeliness, truthfulness, completeness or reliability of any of the content, enquiries or services.

You are solely responsible for all of your communications and interactions with other users of the site or services and with other persons with whom you communicate or interact with as a result of your use of the site or services. We make no warranties regarding conduct of users of the site or services. You agree to take reasonable precautions in all communications and interactions with other users of the site or services, particularly if you decide to meet offline or in person regardless if such meetings are initiated via the YAY-List platform.

Customer Complaints

We make our best effort to respond to all customer complaints or queries within five working days.

Privacy

YAY-List takes your privacy seriously. Please refer to our Privacy Policy for more details.

Events outside our control

YAY-List shall not be liable for delay or failure to perform any obligation under these Terms if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.

Licence

YAY-List grants you a licence to access the content, information and services contained within our website for business use only.

This licence allows you to download and cache (using your browser) individual pages from our website.

This licence does not allow you to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.

Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

Our website cannot be placed within the frame-set of another website.

All links to our site, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

Copyright

All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of YAY-List, unless expressly acknowledged as otherwise or provided by a user as part of content submission.

The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.

Reasonably Foreseeable Losses

We will be liable for any losses incurred by you due to breaches of these Terms by us, where such losses were reasonably foreseeable at the time the contract was made.

All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.

We do not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.

Severability

The foregoing paragraphs, sub-paragraphs and clauses of these Terms shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

Waiver

Failure by us to enforce any accrued rights under these Terms is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

Entire Terms of Service

We reserve the right to change these Terms of Service at any time, without notice.

Jurisdiction

These Terms & Conditions shall be interpreted, construed and enforced in accordance with laws of Ontario, Canada and shall be subject to the exclusive jurisdiction of Ontario courts.

No Endorsement

We do not endorse any Member or Party Provider.

Members are required by these Terms to provide accurate information.

We are not responsible for any damage, harm or loss of earnings resulting from your interactions with other Members.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from YAY-List with respect to such actions or omissions.

Additional Terms of Service for Companies

Subscription Period

After satisfactory setup of your account and your Direct Debit subscription payments, you will have access to the website and the products and services provided by the website for an initial period of 1 month, starting on the date of your first payment. At our sole discretion, a free trial period may be offered in advance of your first payment.

The subscription period for any Monthly Subscription Plan will be one month and will automatically renew unless you cancel your Monthly Subscription Plan in accordance with these Terms at least three (3) business days prior to the renewal date. You will be billed monthly for the Monthly Subscription Plan on or about the same day each month until such time that you cancel your Monthly Subscription Plan.

The subscription period for any Annual Subscription Plan will be one year and will automatically renew unless you cancel your Annual Subscription Plan in accordance with these Terms at least thirty (30) business days prior to the renewal date. You will be billed annually for the Annual Subscription Plan on or about the same day each year until such time that you cancel your Annual Subscription Plan.

Cancellation Rights and Refunds

To terminate your subscription, please send your written notice of cancellation to support@yay-list.com, providing the following details:

• Your username
• Your reason for cancelling

Cancelling will effectively switch off auto-renewal of your account. You will continue to have access to your account until the end of the current billing cycle.

If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.

Our Mind-Boggling Guarantee

We help turbo-charge word-of-mouth referrals and lead collection for your party business.  Specifically, you get incredible brand awareness and tons of leads while also adding a great value-add service for your clients!

In fact, we’re so confident that you’ll get amazing results… we guarantee it!

Our ‘Mind-Boggling Guarantee’ includes three safeguards for you:

1. Free Trial
   Start with a 7-day free trial, we won’t even ask for your credit card info.
2. Money-Back Guarantee
   We guarantee that…

   – You’ll fall totally in love with YAY-List
   – You’ll get unreasonably excited by what it can do for you and your business
   – You’ll be 100% certain that this is the best path to increase your revenue, while also offering your clients an amazing value-add service that helps you stand out from your competition.

   If not, we require you to simply ask for your money back within the first 25 days.

   Note: This is an unconditional money-back guarantee that is available within the first 25 days after your first payment. Once this period passes, the Amazing Results Guarantee kicks in.

3. Amazing Results Guarantee
   If you don’t feel YAY-List has put you on a path to achieve amazing results within your first 50 days of signing up, we don’t deserve your money.

   If your clients aren’t helping you spread your name all over town and helping you collect perfect leads for your business, you can cancel and we’ll give you a FULL refund. Plus, we’ll help you export all of the leads you’ve collected so far, so you can bring it with you to another system that suits you better.

   All we ask is that you give it an honest effort*.

   Note: This is a conditional guarantee available in the first 50 days after your first payment

   *Honest effort means:

   (i) You communicate with us and you ask for help when you have problems.
   (ii) You set up your branding, created at least 1 custom invitation template, and have provided access to at least 3 clients to use your branded invitations.
   (iii) You must request a 1:1 call if you aren’t on track and not experiencing the marketing and brand awareness benefits YAY-List offers.

DISCLAIMER: There may some specific circumstances where our Mind-Boggling Guarantee may not apply. E.g. When we’re pledging particular custom development of features in return for upfront payment and/or longer-term commitment.  Or, when a user agrees to a negotiated multi-account rate.  Refunds are only available for qualifying subscription payments and are not available for payments for additional services, such as – but not limited to – ‘Consultation Services’.

Any questions about our guarantee and the 3 safeguards provided, don’t hesitate to ask and we’ll be happy to clarify – We want to ensure you have complete peace-of-mind