Yoohcan Terms of Sale

Last modified on 9/1/2016

Certain products, services, and digital content may from time to time be made available to you (“ you ” or “ User ”) by Yoohcan or via its parent company Yellow Walnut B.V.  or their corporate affiliates (collectively, “us”, “we” or “Yoohcan”) through the Yoohcan web site and related service (“Yoohcan Service”). By purchasing any additional products, services, or digital content through the Yoohcan Service (“Ancillary Products and Services”), you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase (“Terms of Sale”). Your purchases of Ancillary Services and your use of Yoohcan Service are also governed by the Yoohcan Terms of Service (“Terms of Service ”), which are incorporated herein by reference.

These Terms of Sale are subject to change without prior written notice at any time, in Yoohcan’s sole discretion. If Yoohcan changes these Terms of Sale, we will provide notice of such changes, such as by sending an email, posting a notice on the Yoohcan Service or updating the "Last Updated" date above. Please check these Terms of Sale periodically for those changes. Any modified terms will apply to any purchases made after such changes are posted on the Yoohcan Service. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on the Yoohcan Service.

PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Purchase Qualifications; Account Security

To make a purchase on Yoohcan Service, you must be a registered Yoohcan Service user and comply with these Terms of Sale (including the Terms of Service, which include the Acceptable Use Policy). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Yoohcan sells its Ancillary Services only to those users who can legally make purchases with a credit card. If you are between the ages of 14 and 18 (or the legal age of majority in your country of residence), you may make purchases on the Yoohcan Service only with the permission of a parent or guardian. Yoohcan reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.

Subscription Service Terms

Yoohcan may offer certain Ancillary Products and Services in connection with the Yoohcan Service on a subscription basis with recurring payments (“ Subscription Services ”). Subscription Services may renew automatically, with payment due prior to each renewal. You agree to pay your subscription fee in advance of receiving any such Subscription Service. Yoohcan reserves the right to discontinue or modify any subscription fee payment option. If we discontinue or modify a subscription payment option, we will provide notice of such discontinuance or modification. You must consent to the new payment terms in order to continue receiving the Subscription Services. If you do not consent, your subscription will be cancelled. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Subscription Service that is subject to the promotion.

You are responsible for all charges incurred under your account. Yoohcan reserves the right to deactivate Subscription Services to your account if payment is past due, regardless of the amount.

Subscription Service - Automatic Payments

If you choose a Subscription Service (including any pre-paid subscription option or channel subscriptions which reverts to a monthly payment plan at the expiration of the pre-paid period), you hereby grant Yoohcan permission to automatically charge the subscription fee to your chosen payment method at the beginning of each applicable payment period. Your access to the Subscription Services will not be established until Yoohcan has verified that the credit card or other payment information you provide Yoohcan for payment is accurate and that your payment method account is in good standing.

You further agree that Yoohcan may charge any other applicable fees for the Yoohcan Service, including any early termination fee, to your payment method.

You are required to keep your billing information current, complete and accurate (for example, if you move, be sure to update your billing address, if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify Yoohcan if your selected payment method is cancelled (e.g., for loss or theft).

Yoohcan reserves the right to suspend or terminate your access to any Subscription Service that is a part of the Yoohcan Service without notice upon rejection of any charges or if your payment method (or its agent or affiliate) seeks return of payments previously made to Yoohcan when Yoohcan believes you are liable for the charges.

Cancellation of Subscription Services

You may choose not to renew your Subscription Service at any time by sending an email to info@yoohcan.com or by using an option under your subscription and account setting at Yoohcan. Your cancellation is effective at the end of the current subscription term.

No Refunds

When you make a purchase on the Yoohcan Service, you have immediate access to and use of the Ancillary Products and Services you have purchased. Accordingly, you lose your right to cancel once you have made your purchase and we do not offer any refunds or credits, including fees for Subscription Services.

Payment Method and Terms

We currently accept major credit cards, certain debit cards, PayPal, and various other payment methods. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Yoohcan Service, you authorize Yoohcan, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in euros, except where other currencies are offered via the payment methods made available by Yoohcan.

PLEASE NOTE: If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us at info@yoohcan.com .

Yoohcan may impose an additional transaction fee based on transactions associated with Yoohcan Service, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your consummation of the relevant transaction.

Delivery

With respect to Ancillary Products and Services you purchase in connection with the Yoohcan Service, you acknowledge and agree that upon making such Ancillary Products and Services available to you (or to their intended authorized recipients), Yoohcan will have fully satisfied its obligation to deliver or otherwise provide such products, services or digital content, regardless of any failure or inability to use such products, services or digital content.

Service Descriptions and Availability, Errors

Yoohcan and its suppliers and licensors continually upgrade and revise the Yoohcan Service to provide you with new Ancillary Products and Services. Yoohcan may revise, discontinue or modify Ancillary Products and Services at any time without prior notice to you, and Ancillary Products and Services may become unavailable without notice. Yoohcan shall have no liability of any kind if an Ancillary Service that has been ordered is unavailable. If necessary, Yoohcan reserves the right to cancel an order or substitute an Ancillary Product or Service of equal or greater value when a product, service or digital content is unavailable. For example, for pre-paid purchases of multi-month channel subscriptions, in the event a channel stops being available, Yoohcan is unable to offer you a refund but will let you use the remaining amount to be used on other Yoohcan services, when used within one year.

We attempt to be as accurate as possible and eliminate errors on the Yoohcan Service; however we do not warrant that any Ancillary Products and Services or description, photograph, pricing or other information of a product, service or digital content is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Yoohcan Service, in an order confirmation, in processing an order, delivering an Ancillary Product or Service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method. Yoohcan reserves the right to determine and modify from time to time the exact nature of any such service credit, including conversion into one or more different types of Ancillary Products and Services credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.

Taxes

You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Yoohcan reserves the right to collect such taxes or other fees from you at any time.

Privacy

Your privacy is important to Yoohcan. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information.

Disclaimers

THE YOOHCAN SERVICE AND ANY ANCILLARY SERVICES OR ANY OTHER SERVICES MADE AVAILABLE THEREON ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

THE YOOHCAN SERVICE AND ANY ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT MADE AVAILABLE THEREON ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOOHCAN AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS ("YOOHCAN PARTIES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOOHCAN CANNOT GUARANTEE AND DOES NOT WARRANT ANY SPECIFIC RESULTS FROM USE OF ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS OR SERVICES. YOOHCAN DOES NOT REPRESENT OR WARRANT THAT ANY ANCILLARY PRODUCTS AND SERVICES OR OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY ASPECT OF THE YOOHCAN SERVICES, INCLUDING, WITHOUT LIMITATION, THE ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Yoohcan.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOOHCAN OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT, EVEN IF YOOHCAN IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOOHCAN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO YOOHCAN FOR THE ANCILLARY PRODUCT OR SERVICE FROM WHICH THE CLAIM AROSE, BUT IN NO CASE WILL  YOOHCAN’S LIABILITY TO YOU EXCEED €1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO YOOHCAN FOR THE ANCILLARY SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM YOOHCAN, REGARDLESS OF THE CAUSE OF ACTION.

Governing Law; Venue

Governing law will be that of The Netherlands. Venue: Amsterdam.

Indemnity

You will indemnify, defend and hold harmless Yoohcan, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any products, services or digital content, or any violation of this Agreement or of any law or the rights of any third party.

Other

These Terms of Sale, along with the Terms of Service, constitute the entire agreement between you and Yoohcan regarding purchases you make on the Yoohcan Service, superseding any prior agreements between you and Yoohcan relating to such purchases. The failure of Yoohcan to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Terms of Service, the Terms of Service shall be controlling.