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Terms of Service

Introduction

These terms and conditions apply between you, the User (as defined below) of this website (including any sub-domains, unless expressly excluded by their own terms and conditions) the (“the “Website”), and (YABA) Your Amazing Brand Amplifier S.L. (as defined below), which is the owner and operator of the Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, “User” or “Users” means any third party that accesses the Website and is not either: (i) employed by YABA or any of its subsidiary undertakings from time to time and acting in the course of their employment; or (ii) engaged as a consultant or otherwise providing services to any Member of YABA and accessing the Website in connection with the provision of such services.

YABA’ details

Your Amazing Brand Amplifier S.L. (“YABA”) is a private company limited by shares incorporated and registered in Spain under registered number ESB02940781. Its registered address is at Carrer de Reina Cristina, 9, 1, 08003, Barcelona, Spain, and it operates the website www.goyaba.co.
You can contact YABA by email at hello@goyaba.co.

Intellectual property and acceptable use

All Content included on the Website is the property of YABA or other relevant third parties. In these terms and conditions, “Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is owned by YABA and is protected by copyright, trademarks, database rights and certain other intellectual property rights. All rights are reserved and nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, service mark or any other Content displayed on the Website. If you wish to use any Content for any purpose other than those expressly provided for below, you must obtain YABA’ prior written consent to do so.

You may, for your own personal, non-commercial use only, do the following: (a) retrieve, display and view the Content on a computer screen: (b) draw the attention of others to the Website and the Content; and (c) download or print off one paper copy of the Content.

Prohibited uses of the Website

You must not modify the paper or digital copy of the Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Where you download or print any Content from the Website, YABA’ status (and that of any identified contributors) as the authors of content on the Website and the Content must always be acknowledged.

You must not use any part of the Content on our site for commercial purposes without obtaining a licence to do so.

If you print off, copy or download any Content or part of the Website in breach of these terms of use, your right to use our site will cease immediately and you must on receipt of written notice from us to do so, return or destroy any copies of the same which you have made.

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the prior written consent of YABA.

You must not use the Website in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website.

You must not use the Website in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation or order of any court or tribunal of competent jurisdiction or any rule of any national, regional or supra-national government body of any kind or description whatsoever.

You must not use the Website in any way for the purpose (directly or indirectly) of making, transmitting or storing electronic copies of any Content protected by copyright without YABA’ prior written consent and a licence to do so.

Links to other websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of YABA. No Member of YABA assumes any responsibility whatsoever for the content of such Websites and no Member of YABA assumes any liability for any forms of loss or damage (including, without limitation, for any indirect or consequential losses) arising out of the use of such sites. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

The service

Any online facilities, tools, services or information that YABA makes available through the Website (the “Service”) is provided “as is” and on an “as available” basis. No member of YABA gives any warranty (express or implied) that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, no member of YABA provides any warranty (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. No member of YABA is under any obligation to update information on the Website.

Whilst YABA uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, no Member of YABA gives any warranty, representation in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

YABA reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

No Member of the YABA shall be liable to you in respect of any losses arising out of events beyond our reasonable control or for any disruption or non-availability of the Website.

Nothing in these terms and conditions will: (a) limit or exclude your liability or that of any Member of YABA for death or personal injury resulting from your negligence or the negligence of the relevant Member of YABA, as applicable;  (b) limit or exclude your liability or that of any Member of YABA for fraud or fraudulent misrepresentation; or (c) limit or exclude any of your liabilities or those of any Member of YABA in any way that is not permitted under applicable law.

To the maximum extent permitted by law, no member of YABA accepts any liability for any of the following: (a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; (b) loss or corruption of any data, database or software; or (c) any special, indirect or consequential loss or damage.

General

You may not transfer any of your rights under these terms and conditions to any other person. Each Member of YABA may transfer its rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by YABA from time to time at YABA’ sole discretion. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

These terms and conditions will be governed by and interpreted according to Spanish law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the Spanish courts.