Youstice Terms of Use - Retailers

1. Legal information.
Youstice platform and services are provided by Youstice SK, a.s., a company registered in the Slovak Republic, with its seat at Rudlovska 53, 974 01 Banska Bystrica, the registration number: 43 798 918, registered with the Commercial Register kept by the District Court Banska Bystrica, section Sa, entry no. 1107/S.

Additional information:

  • - E-mail address : This email address is being protected from spambots. You need JavaScript enabled to view it. ;
  • - Telephone number : +421 905 371 002.

Youstice is a company specialized in developing online platforms and services in the field of online dispute resolution.

2. Using Youstice.
Youstice is a global online system that assists its users when resolving their legal disputes.

3. Your right to use Youstice.
The seller (you) have a right to use Youstice for as long as you comply with the provisions of the Youstice user agreement (Agreement) which includes the following Youstice Terms of Use and the applicable Youstice Price List. You declare that:

  • - you have a legal capacity to accept and agree with the Agreement ;
  • - you have the necessary equipment to access Youstice platform ;
  • - you have a valid e-mail address ; and
  • - you agree that the acceptance of the Agreement electronically has, between the parties, the same probative value as paper communication.

 

4. You undertake to comply with all the terms of the Agreement and applicable local laws and regulations, including data protection and interllectual property laws.

5. Enforceability.
These Terms of Use are binding upon your acceptance of them during your registration in Youstice. In all cases, these Terms of Use are deemed to be read and accepted by you on the date of your first use of the Youstice platform.

6. Access to the platform.
Using the platform requires the user to access it via internet.

7. Technical specifications.
Youstice strives to provide a quality service. It allows users to use the means of communication available to them in the best possible conditions. Because of the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information, Youstice makes its reasonable efforts, in accordance with the current state of the art, to allow access and use of the platform. Youstice cannot, as a matter of fact, ensure absolute availability or accessibility of the platform allowing access to the service. Youstice is not liable for damages of any kind that may result from the changes and / or temporary unavailability or permanent closure of all or part of the site or the platform.

8. The user is solely responsible for the preservation and confidentiality of its password and the consequences of its disclosure to anyone. Any use of the platform from the user assigned password is assumed as emanating exclusively from the user.

9. You agree to use our Youstice platform and any and all information that you may have access to in accordance with the public order, morality and the rights of third parties.

You agree not to disrupt the use that could be done by other users of the platform, not to access third party user accounts and not to access parts of the site where access is restricted.

Youstice is not responsible for any malfunction of the platform in case of force majeure.

10. Fee for using Youstice.
Your use of Youstice is subject to the payment of fees. The size of these fees for our service(s) comes from the applicable Youstice Price List that is valid at the time of your purchase of the particular service(s).

11. Associated shops.
The Agreement is applicable to you as well as to all shops that you have registered within Youstice (Associated shops). By accepting the Agreement, you confirm that all your Associated shops also accept and agree to be bound by the Agreement.

12. Intellectual property.
All intellectual property contained in Youstice, whether related to literary and artistic property, industrial property or know-how are and remain the sole and exclusive property of Youstice. Any reproduction and / or representation of all or part of any of these elements without the express advance written approval of Youstice is prohibited. You are prohibited from any other act likely to infringe directly or indirectly the intellectual property rights of Youstice.

13. Youstice logo.
In addition to your rights granted above, you have a right to use our Youstice logo. This logo is a proprietary mark owned by Youstice and your right to use it is subject to your continued and uninterrupted fulfillment of the following terms:

  • a. You must place the Youstice logo on your active website(s), install a link to Youstice on this logo and present it to your customers as a link to a page, where they can resolve their potential complaints;
  • b. You must continuously maintain the best standards of resolution of customers’ complaints. The best standards include but are not limited to (i) achieving agreement with your customers over their complaints in a high percentage of cases; and (ii) implement practically all reached agreements and/or issued decisions by neutrals assigned by the respective online dispute resolution (ODR) providers. Your failure to respond to a complaint filed against you or your failure to enable escalation of a customer complaint to the ODR provider which has been generally pre-selected by you counts as if you fail to implement an achieved agreement or an issued decision.

 

14. Youstice will continuously monitor your compliance with the above mentioned criteria. The exact values of the criteria which need to be achieved differ for different sizes and types of shops and also in time. Subject to our (Youstice’s) right to limit, suspend or terminate your use of Youstice (this includes use of the Youstice logo) without prior notice in accordance with Par. 6 below, we will notify you by email in advance if your case statistics show that there is a risk of your non-compliance with the given criteria.

15. Expected average performance values of these criteria are (i) 80% rate of achieved mutual agreements and (ii) 98% implementation rate. Using the platform does not exclude the possibility for parties to appeal through legal proceedings, and users agree that the solution proposed via the platform could be different from the decision of a court applying legal provisions.

16. Disclosure of data.
During the term of your Agreement, online marketplaces under which you operate and trustmarks around the world will provide the Youstice logo as part of their evaluation of you as a seller. By accepting the Agreement, you agree that during the term of the agreement Youstice may communicate the following data to the online markets and trustmarks using Youstice:

  • - your business name and website(s)URL ;
  • - anonymized case resolution statistics related to your cases;
  • - whether or not you allow your buyers to escalate cases to a selected online dispute resolution (ODR) provider which subsequently appoints a neutral who makes a binding decision;
  • - whether or not you cover all (or part of) the administrative fees of the selected ODR provider, for which your buyers would normally be liable; and
  • - whether your breach of the Agreement with Youstice resulted in the Agreement being terminated.


Youstice has also right to publish these data.

17. Accuracy of information.
You warrant that all information provided to Youstice during the term hereof, including but not limited to information about yourself, your Associated shops and/or your cases is complete and accurate. You undertake to inform Youstice immediately about any changes or updates to such information.

18. Termination of the Agreement.
The Agreement can be terminated and hence your access to Youstice services that include the Youstice logo can be withdrawn by any of the following ways:

  • a. It is not possible to terminate the Agreement during your subscription period. Nevertheless, you have always a right to cancel your account with immediate effect by clicking on « cancel account » in your Profile, after which you receive an automated verification email and if you confirm it, your Youstice service will be immediately terminated. Your agreement will be automatically renewed after you pay a new subscription fee at the end of the current subscription period.
  • b. We (Youstice) have a right to limit, suspend or postpone activation of the service(s) ordered by you and to terminate the Agreement with immediate effect, if the agreed fees have not been paid on time.
  • c. We (Youstice) have a right to terminate the Agreement with immediate effect and without any compensation or refund if you breach any of the terms hereof. This includes, but is not limited to your non-compliance with the terms of the Youstice logo, e.g. if you remove, de-activate or in any other way disable the link to Youstice on your website(s). We (Youstice) have a right to limit, suspend or postpone activation of the ordered service(s) and to terminate the Agreement with immediate effect and without prior notice in our sole discretion if there is a risk of material misuse, fraudulent behavior or another unlawful activity connected with or related to your use of Youstice.

 

19. Changes to these Youstice Terms of Use.
If we decide to make any changes to these Youstice Terms of Use, we will notify you about our intention and disclose to you all the changes by email 30 days in advance of the effective date of such changes. By using Youstice for the first time after any such notified changes became effective you accept and agree with the new amended text of the Youstice Terms of Use. You will be informed about your acceptance of the amended Youstice Terms of Use by email.

20. Other provisions:

  • a. Youstice cannot guarantee that all disputes going through Youstice will be successfully resolved. ACCORDINGLY, YOU UNDERSTAND AND AGREE THAT YOUSTICE HAS NO LIABILITY RELATED TO DISPUTES AND IN THIS REGARD DISCLAIMS ANY AND ALL LIABILITIES.
  • b. Eligibility. Our Youstice system is intended solely for persons aged 18 or older. Any access or use of Youstice by anyone under 18 is expressly prohibited. By accessing or using Youstice, you confirm that you are 18 or older.
  • c. Disclaimer. THE YOUSTICE WEBSITE, PLATFORM AND SERVICES ARE PROVIDED “AS IS”, THAT IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUSTICE MAKES NO WARRANTY THAT THE YOUSTICE WEBSITE, PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.
  • d. Limitation of liability. YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS AND USE OF THE YOUSTICE WEBSITE, PLATFORM AND SERVICES REMAINS WITH YOU. IN NO EVENT WILL YOUSTICE’S AGGREGATE LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OR ARISING FROM THE USE OR INABILITY TO USE THE YOUSTICE WEBSITE, PLATFORM OR SERVICES EXCEED THE AMOUNTS YOU HAVE PAID YOUSTICE FOR YOUR USE OF THE YOUSTICE WEBSITE, PLATFORM OR SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO THE LIABILITY IN QUESTION IF YOU HAVE MADE ANY PAYMENTS TO YOUSTICE; OR, IF YOU HAVE NOT MADE ANY PAYMENTS TO YOUSTICE, ONE HUNDRED US DOLLARS ($100), AS APPLICABLE.
  • e. Evidence. All information exchanged electronically, including but not limited to email or SMS, mobile data and log of data connection to the website are binding as evidence between you and Youstice. Archived copies of contract documents, orders and invoices stored on a reliable and durable media can be produced as evidence.
  • f. Controlling Law. The Agreement will be governed by the English law.
  • g. Contacting Youstice. If you have any questions about these Terms of Use, please contact Youstice at: This email address is being protected from spambots. You need JavaScript enabled to view it.