Effective July, 2023

Welcome to Yoyvi Express. Before using our service, it is important to Yoyvi Express Platform. Yoyvi Express may at any time, at its sole discretion, remove any job posting for any reason without providing prior notice. Please refer to our Jobs FAQ for additional information about Jobs posting options and criteria.

4. Termination by You

You may terminate your Account with Yoyvi Express at any time from your Account Settings. You can find more information in the Help Center. After terminating your Account, some of your listing content and completed transaction information may still be available in your Account. However, you should save all needed information prior to terminating your Account.

You are still responsible for all fees, shipping overages, chargebacks/payment reversals or refunds received by Yoyvi Express, even after you close your Account. You remain obligated to help resolve any disputes with other Users that are the result of purchases or sales of goods from you that occurred prior to termination. Yoyvi Express-issued credits or unused coupons become invalid and expire upon termination of your account.

5. Scope of License

Our Services are licensed, not sold, to you for use only under our Terms. Yoyvi Express reserves all rights not expressly granted to you. Yoyvi Express hereby grants you a personal, limited, revocable, non-transferable license to use the App and Website on a single compatible device that you own or control, solely for your own use.

You may not modify, alter, reproduce, distribute or make the App or Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App or Website.

You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the App or Website or any content available through the App or Website.

The Service may include open source software or third party software. Any such software is made available to Users under the terms of the applicable licenses. Please refer to the Help Center for the applicable notices and license terms.

6. Third Party Services and Linked Websites

The Privacy Policy applies to your use of the Service and you consent to the collection and use of your information, including personally identifiable information by Yoyvi Express. Our Service may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook) that enable you to export information to third party services. You may also need to use a third party’s product or service to use some features of our Service (like a compatible mobile device to use our mobile apps or to purchase a warranty) or use through our implementation of third party buttons (such as “share” buttons). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and privacy policies. Yoyvi Express is not a party to those agreements; they are solely between you and the third party.

7. Your Content

Content that you post using our Service must be content you own or have the right to use (so let’s refer to it as “Your Content”). That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).

• Responsibility for Your Content. You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. You have not copied it without permission, this includes Yoyvi Express’ trademarked name or logo.
• Permission to Use Your Content. By posting Your Content through our Service, you grant Yoyvi Express a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Yoyvi Express function and grow. That way, we won’t infringe any rights you have to Your Content and we can help promote your listings and/or Account. By posting Your Content, you grant Yoyvi Express a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Service and to promote Yoyvi Express, or the Service in general, in any formats and through any channels, including across any Yoyvi Express Service or third-party website or advertising medium.
• Reporting Infringing Content. Yoyvi Express has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Service. If intellectual property that you own or have rights to has been posted to the Service without your permission and you want it removed, please follow the steps listed in our DMCA/Copyright Notification Policy in the Help Center. If Your Content infringes another person’s intellectual property, we will remove it upon receipt of a valid and complete takedown notice. We will notify you if that happens.
• Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Yoyvi Express’ Service (for legal reasons or otherwise). You agree that you will not post any content that is illegal, abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our policies or any part of our Terms. You also agree not to post any content that is false, misleading or uses the Service in a manner that is fraudulent or deceptive.

8. Your Use of Our Service

We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service—subject to these Terms and the following restrictions:

• Don’t Use Our Service to Break the Law. You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal and international laws that may apply to you. It’s your responsibility to obtain any permits or licenses and have proof of ownership or receipts if required; You may not use Yoyvi Express to list or sell items that violate any laws, to commit fraud, theft or any other crimes against Yoyvi Express, another Yoyvi Express User or a third party. You may not use Yoyvi Express shipping labels to send or transmit items that are illegal or prohibited to ship. Please review our Prohibited Items and Prohibited Conduct
• Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, other harmful computer code, or any activity that provides an excessive burden on the Services, or otherwise negatively affects the enjoyment of the Services by other Users.
• Items You Purchase. Yoyvi Express does not manufacture, store or inspect any of the items sold through our Service. We provide the venue; but the items in our marketplaces are produced, listed and sold directly by independent third-party sellers, so Yoyvi Express cannot and does not make any warranties about items’ quality, safety or legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release Yoyvi Express from any claims related to items sold through our Service, including for defective items, misrepresentations by Sellers or items that caused physical injury (like product liability claims). As outlined in Yoyvi Express’ Authenticate Terms and Conditions, Authenticate provides the means to have an item reviewed for standards of conformity by a third party and does not create a separate warranty or guarantee of items sold by the Seller.
• Content You Access. You may come across materials that you find offensive or inappropriate while using our Service. Yoyvi Express is not responsible for the decency, accuracy, or legality of content posted by Users that you accessed through the Service. You release us from all liability relating to that content. You may report content that you believe violates Yoyvi Express’ Policies for internal review.
• People You Interact With. You can use the Service to interact with other individuals. However, you understand that we do not screen Users of our Services beyond verification of specific data, and you release us from all liability relating to your interactions with other Users. You may report Users who you believe are engaging in Prohibited Conduct in the Help Center so we may review their Account. Please also follow our Safety Guidelines in all interactions with Users.
• Account Limitations. Yoyvi Express, may place limits or restrictions on your use of our Service due to your Account activity, limited verified User information available or to enforce a regulatory limit. You may be required to complete certain actions on your Account to remove that limitation.
• Other Disclaimers/Warranties.
  
  • Yoyvi Express is dedicated to making our Service the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
  • We do not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. We will take every reasonable effort to ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.

9. Limitation, Suspension or Termination

Yoyvi Express reserves the right to change, suspend, limit or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).

We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law. For example, Yoyvi Express will promptly terminate without notice the Accounts of Users who are determined by Yoyvi Express to be “repeat offenders.” A repeat offender is a User who has been notified of a violation of our Terms, engages in infringing activity, or has had content removed from the Service at least twice.

If we terminate, limit or suspend your Account or access to our Service:

• You don’t have a contractual or legal right to continue to use our Service, for example, to sell or buy on our Websites or Apps. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.
• You remain responsible for fees, shipping fees, chargebacks/funds reversals, returns or refunds requested and remain obligated to resolve any disputes with other Users that are a result of purchases or sales of goods occurring prior to termination/suspension.
• We may require Users to verify information including but not limited to identity, financial or contact information. Yoyvi Express may refuse a User access to or suspend a User from all or part of the Service until the completion of such verification, including placing holds on your Yoyvi Express Account balance.
• If there is an issue with your Account or listings, your Account balance may be held initially for 30 or 90 days based on risk, including chargebacks and other Buyer claims. You may be required to provide additional information regarding your Account usage, your identity, your listings or your transactions to release the holds on these funds. However, additional infractions may extend the holding period up to 180 days to cover our risk. Funds for illegal activity or illegal items will not be released to you.
• Funds may be held for up to 180 days to seek reimbursement from a Seller in any of the following circumstances, when: (a) we provide a refund to a Buyer because a Seller did not deliver the goods or we otherwise determine that a refund is warranted in a particular circumstance; (b) we discover erroneous or duplicate transactions related to a Seller; (c) we receive a chargeback or payment reversal from a Buyer’s Payment Instrument issuer for the amount of a Buyer’s purchase from a Seller; or (d) a Seller does not act in accordance with Yoyvi Express’ Terms including the sale of prohibited items and/or the creation of multiple Yoyvi Express Accounts.
• We may obtain reimbursement of any amounts owed by a Seller to Yoyvi Express by deducting from future payments owed to the Seller, reducing any balance from the Seller’s Yoyvi Express Account, charging any of the Seller’s Payment Instrument(s) on file, or seeking reimbursement from the Seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of these methods to seek reimbursement.
• Yoyvi Express will make refunds or other payments owed to you, as required by applicable law or regulation.
• Accounts that are abandoned or balances that are unclaimed are subject to state abandoned property regulations.

10. Buying and Selling Generally

Prohibited Transactions. When buying a product using the Service, in addition to the limitations in our Prohibited Items and Prohibited Conduct policies, Buyers also must not place orders without the intent to purchase, purchase goods for a commercial purpose (e.g., resale), or place any order that is determined by Yoyvi Express to be fraudulent or illegal. You agree that the Service may only be used for bona fide purchases of goods, and may not be used to transfer money between a Buyer and Seller that is unrelated to a purchase of goods.

A Seller shall not purchase a product they themselves have listed on a separate Account. A Seller who wishes to withdraw or remove a listing must do so per the procedures specified by Yoyvi Express in the Help Center.

Sales Contract. A sales contract for a product is formed with the Seller when the Buyer completes the steps for purchasing a product as prompted on the Service, but before payment is made by the Buyer. The Seller and the Buyer shall not assign to a third party, provide as security, or otherwise dispose of their rights and obligations arising under such sales contract.

Yoyvi Express’ Role. Seller agrees that Yoyvi Express and its designated payment processor act as agents for the Seller in processing payments for purchases. A Buyer’s obligation to a Seller for the purchase price shall be deemed extinguished upon receipt by Yoyvi Express of the purchase payment (except for Buyer’s obligations in the event of a chargeback or other payment reversal) and rating.

Once a product has been received by a Buyer, the Buyer shall promptly rate the Seller. Once the Buyer has rated the Seller, the Seller shall promptly rate the Buyer. Ratings need to be provided by the Buyer and the Seller in order for the Seller to receive his or her earnings. If the Buyer does not rate the Seller within the designated time frame, Yoyvi Express will automatically rate the Seller in order to avoid continued delays in payment completion. This automated rating releases the payment to the Seller.

Settlement to Sellers. When ratings by both a Buyer and a Seller are complete, Yoyvi Express and its designated payment processor will process the payment to Seller. Yoyvi Express will make commercially reasonable efforts to credit Seller’s earnings balance with Yoyvi Express within ten (10) business days of receipt of the settled payment proceeds by Yoyvi Express. Yoyvi Express shall initiate the transfer of balance earnings to Seller’s bank account upon Seller’s request using Direct Deposit or Instant Pay. Yoyvi Express may ask for Seller’s User Information to ensure the transfer and purchase is secure, and may retain the earnings until Seller’s User Information has been verified and confirmed. Yoyvi Express may also hold funds if it receives a notice of fraud, chargeback, invalid account information, court order or governmental request.

For more information on buying and selling please refer to our Help Center.

11. Fees Generally

All final fees associated with a transaction and/or shipping are communicated to the User at the time of transaction. Fees are provided at the time of listing for a Seller, but may change subject to shipping tax, other variable rates or changes made by the Seller. Fees will be subtracted from Seller’s earnings upon transaction completion, and will be provided on the sales receipt. The Buyer is presented with the total amount of the order including fees  but not  taxes, in the order summary prior to checkout. The fees will be included in the payment total. It is the Users responsibility to review the fees prior to accepting the final Sales Contract. SELL ON YOYVI EXPRESS IS FREE.

In general, fees occur as follows:

Shipping Fees. The shipping amount is payable by the Buyer or Seller (the party to the transaction is selected at the time of listing) and may vary based on location or if a service like Yoyvi Express Local is selected. The final fee is communicated at time of transaction. If we are contacted by one of our shipping carriers and/or if Yoyvi Express is charged for postage due to use of incorrect shipping labels or weight classifications, Yoyvi Express may remove the amount paid to the carrier on your behalf from your Account balance or invoice you separately.

Sales Fees. There is no fee to sell on Yoyvi Express. It is free.

Transaction Fees. Sellers are charged Payment Processing Fees which includes a 2.9% rate of the combined item sold price and shipping price plus $0.50 per completed transaction. Note: The shipping price refers to buyer paid shipping using Yoyvi Express labels and Yoyvi Express Local delivery or pick up. Yoyvi Express charges a $2 fee for Direct Deposit withdrawal requests under $10, and a $2 processing fee if a Direct Deposit transfer is rejected by your bank. If you are eligible for Instant Pay to withdraw your balance to a debit card rather than direct deposit.

Cancellation Fees. If a Seller cancels a transaction after the purchase has been initiated but before the transaction is completed, Yoyvi Express may charge a cancellation fee of 5% of the item price but no more than $25 maximum. This will be subtracted from your balance and/or charged to the credit card on file within 30 days after you receive a notification from us.

Service Fees. The purchase of additional products or services facilitated by Yoyvi Express or offered outside of Yoyvi Express will be communicated at the time of the Service Contract and/or usage and accordingly costs may vary. In general this includes services offered such as Yoyvi Express Authenticate, Yoyvi Express Local, warranties and delayed payment plans. You may be asked to accept additional terms offered through Yoyvi Express or a third party to use these services.

Taxes. When you purchase an item, taxes may apply to your purchase (item and/or shipping). Such taxes may vary depending on various factors, including: (i) the price of the item, (ii) the nature and character of the item, (iii) and the delivery location of the item. Applicable taxes will be displayed to Buyers before final commitment to purchase. Sometime Equatorial Guinea country doesn’t apply taxes for the sellers.

12. Payments

Yoyvi Express processes transactions on behalf of the Seller, and Buyer authorizes Seller to submit charges or credits (in the case of refunds/reversals), as applicable, to the Buyer’s Payment Instrument on file. Any payment made in connection with the Service shall be made through Yoyvi Express using its payments processing providers.

Purchases made by the User’s Payment Instrument through the Service are subject to the terms and conditions between Buyer and the issuer (bank) of the Payment Instrument.

By agreeing to these Terms, you authorize Yoyvi Express and/or its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or if you incur additional fees or amounts owed to Yoyvi Express for the Service(s). All associated fees will be provided on the purchase receipt.

Upon completion of the sale, all Seller earnings, minus payment processing and other fees, will settle in the Sellers account. All fees associated with the sale will be provided on the sales receipt.

13. Cancellation of a Transaction; Refunds

Cancellation of a transaction is not permitted once the product has been ordered by a Buyer, except as required by applicable law or regulation. However, Yoyvi Express may allow cancellation of an order if the Buyer does not make a payment or does not pay on time; the Buyer receives an item that is not as described in the listing, is sent the wrong item, or is sent a damaged item; if the Seller does not ship within the expected time frame; or for other reasons Yoyvi Express deems appropriate.

If a Buyer receives an item that’s damaged, not as described in the listing, or if they are sent the wrong item, the Buyer must report the problem to Yoyvi Express within 72 hours of receipt of the item, or within such a longer time as required under applicable law. Buyer may use “Contact Us” from the applicable Help Center article or initiate a report directly on their item. The Buyer must NOT rate the Seller if there is an issue. If Yoyvi Express allows, items may be returned to the Seller for a refund. Items that are hazardous or illegal are not eligible and shall not be returned to the Seller.

Refunds will be issued to the original form of payment, unless a return of the item is not required, the item is not eligible for a return or if a refund is requested after the payment was processed to the Seller. A Yoyvi Express credit may be issued in lieu of a refund to the original form of payment if the Buyer is no longer eligible for a refund, or payment to Seller has completed. Additionally, refunds under a certain dollar amount may be issued in Yoyvi Express Credit rather than requiring a shipping return to the Seller at Yoyvi Express’ discretion.

We do not provide refunds or returns for prohibited items.

Transactions where payment is sent outside of the Yoyvi Express platform are strictly prohibited by Yoyvi Express’ Terms and do not qualify for Yoyvi Express protections or refunds. Listings or profiles soliciting such transactions are subject to removal without notice.

See Yoyvi Express’ Refunds & Returns Policy for additional information.

14. Redeeming and Using Earnings; Earnings Limitations

After a transaction is complete, the goods have been delivered to the Buyer, and both the Buyer and the Seller have rated the transaction, the Seller may use the earnings balance from the sale to:

• Deposit in their bank account by requesting a Direct Deposit;
• Enroll in Instant Pay and request a direct-to-debit card withdrawal; or
• Use the earnings balance to purchase goods on Yoyvi Express.

Yoyvi Express and/or its banks or processors may impose additional limitations on the dollar amount or frequency of bank deposits or use of earnings; these limitations are subject to change without notice. Yoyvi Express limits Instant Pay to $500 total per month until you meet certain conditions, including completing verification of User Information.

A Seller whose User Information has not been verified and confirmed by Yoyvi Express may not complete a sale through the Service that would result in an Account earnings balance more than $1,900 (one thousand nine hundred dollars) in any 24 hour period, as calculated by Yoyvi Express at its discretion. Other account limitations requiring user verification may vary based on state specific requirements, may relate to tax inquiries and/or fraud related issues and may require verification or other documentation before Yoyvi Express will release earnings. Sellers who successfully verify their identity increase their balance limits and other transactional thresholds on their Yoyvi Express Account.

15. Transaction Records, Receipts and Customer Service

Receipts may not be issued to Users for payments made or received on the Service, except as required by applicable law or regulation.

Records of your payment transactions through the Service and Yoyvi Express Account balance transactions will be reflected in your transaction history in your Yoyvi Express Account. A receipt will also be sent to the email address you provided on your Account. You are responsible for reviewing your payment transaction history to determine if there are any errors or unauthorized transactions, and for immediately alerting Yoyvi Express via email at ayuda@yoyviexpress.com. It is your obligation to print or save a copy of your transaction history if desired.

16. No Interest

Yoyvi Express and its bank do not pay interest to you on earnings or any other funds which are maintained in an Account or otherwise with Yoyvi Express. You assign to Yoyvi Express the right to earn interest on earnings or other funds maintained with Yoyvi Express and its bank, in consideration for your use of the Service.

17. Handling of Credits

A User may earn Yoyvi Express issued Credits by participating in various campaigns offered through the Service or as otherwise explicitly provided by Yoyvi Express. “Credits” means credits that can be used solely to purchase eligible products through the Service in accordance with these Terms. The amount of Credits that may be earned and other conditions for earning Credits shall be subject to the applicable Credit campaign rules provided by Yoyvi Express. To the extent permitted by applicable law or regulation, Yoyvi Express may change the rules at any time, and may terminate the entire Credits system without any refund or other compensation for existing Credits.

• A User may redeem their Credits to purchase eligible products through the Service at the rate of 1 unit = 1 francos CFA, unless  has displayed separate terms of use on the Service, and in which case, such terms shall apply.
• A User will not be able to exchange Credits for cash, property, or any other economic benefits other than for the purchase of eligible products through the Service that are specified by Yoyvi Express. A User will not be able to transfer Credits to any other User or person. Credits may be refunded in accordance with applicable laws and regulations and displayed by the Service. A User is responsible for any unauthorized use of his or her Credits.
• Credits expire at 11:59 PM Pacific Standard Time 90 days following the date on which the Credits were earned, unless Yoyvi Express has informed the User of a separate period at or prior to the issuance applicable to particular Credits, then such period shall apply to those Credits. Once expired, Credits will not be reinstated.
• If Yoyvi Express determines that your usage or earning of Credits violates our Terms or is otherwise inappropriate, Yoyvi Express may invalidate all the Credits earned by either you or through associated accounts.

18. Handling of Coupons

A User may earn Coupons by participating in various campaigns offered through the Service or as otherwise explicitly provided by Yoyvi Express. The value that may be earned by using Coupons and/or other conditions of Coupons shall be subject to the applicable campaign rules provided by Yoyvi Express. To the extent permitted by law or regulation, Yoyvi Express may change the rules and may terminate the entire Coupons system without any refund or other compensation for existing Coupons and/or Credits earned by using Coupons. “Coupons” means coupons that can be used to earn Credits, and/or to get discounts and/or for other purposes specified in the applicable campaign rules provided by Yoyvi Express, through the Service in accordance with these Terms.

• A User will not be able to exchange Coupons for cash, property, or any other economic benefits other than for Credits and/or any other benefits through the Service.
• A User will not be able to transfer Coupons to any other User or person.
• Yoyvi Express will not refund Coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the Coupons shall be determined by Yoyvi Express in accordance with applicable laws and regulations.
• Yoyvi Express will not refund Coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the Coupons shall be determined by Yoyvi Express in accordance with applicable laws and regulations.
• Coupons expire in accordance with the applicable campaign rules provided by Yoyvi Express. Once expired, Coupons will not be reinstated.

19. Disputes Between Users

Sellers agree to resolve any disputes directly with the Buyer according to our Terms. In the event that a dispute escalates to Yoyvi Express we reserve the right to issue a refund to a Buyer if a transaction is found to be in violation of Yoyvi Express’ Terms. Items that are eligible for a refund will generally require that the item is returned to the Seller unless the item is considered hazardous, illegal or in violation of other policies.

In the event that a Buyer submits a chargeback or other form of request for payment reversal, Yoyvi Express will respond to the payment network as the merchant of record on behalf of the Seller involved in the transaction. The Seller agrees to provide any information to Yoyvi Express within five (5) calendar days of the request. Yoyvi Express reserves the right to recoup funds associated with Buyer chargebacks/payment reversals or refunds through any permissible legal means.

Returns of prohibited items to Sellers are not allowed. Buyers may be eligible for a refund after the goods have been confirmed destroyed. Sellers will not be reimbursed for prohibited items.

If there is a dispute between Users, or between a User and a third party with regard to the Service, the matter shall be resolved by such Users at their own cost. Yoyvi Express may participate in the dispute at its discretion. After a transaction is processed, Yoyvi Express is the final arbiter of disputes between Users and Yoyvi Express shall not bear any liability related to such disputes. Buyer Accounts may be closed for filing a chargeback without first filing a dispute against the Seller through the Yoyvi Express Help Center, or for filing false chargebacks.

If you have a dispute with one or more Users, you release Yoyvi Express and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

20. Indemnification; Limitation of Liability

We hope this never happens, but if Yoyvi Express gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending Yoyvi Express to the best of your ability. That means you must assist Yoyvi Express in defending any matter in which you were involved by providing information related to the experience. You must hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights.

Liability Limits. To the fullest extent permitted by law, neither Yoyvi Express, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, actual, indirect, special or punitive damages arising out of or in connection with the Service or these Terms. In no event shall Yoyvi Express’ aggregate liability for any damages exceed the greater of one hundred (francos CFA100) Equatorial Guinea money or the amount you paid Yoyvi Express in the past twelve months for use of the Service.

Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify Yoyvi Express from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Disclaimer of Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.YOYVI EXPRESS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

YOYVI EXPRESS IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. YOYVI EXPRESS HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.

Limitation of Liability. IN NO EVENT WILL YOYVI EXPRESS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOYVI EXPRESS HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF YOYVI EXPRESS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO YOYVI EXPRESS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (II) $100.

FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR YOYVI EXPRESS ACCOUNT BALANCE, THE SOLE REMEDY AGAINST V SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL YOYVI EXPRESS BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF YOYVI EXPRESS OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.

YOYVI EXPRESS SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.

YOYVI EXPRESS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Force Majeure. Yoyvi Express shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action, war or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; pandemics, labor conditions; power failures and/or internet disturbances.

21. Miscellaneous

• These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Yoyvi Express.
• The Terms, including the Policies and other documents incorporated by reference herein, supersede any other agreement between you and Yoyvi Express regarding the Service.
• If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
• Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
• The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
• You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms, or any of our rights and obligations under the Terms, at any time without consent.

Notice

If Yoyvi Express determines that there is a need to notify or contact a User, it will do so by sending a text message, email, or letter to the email address or mailing address provided by the User. Alternatively, the notice may be displayed on the App or the website, or by other reasonable means. Yoyvi Express shall not be liable for any damages incurred due to the fact that Yoyvi Express’ notice or communication was not received or was delayed.

Taxes

In general, items purchased by, and shipped to, Buyers in Equatorial Guinea locations and charges for shipping do not include taxes.Taxes are not included in the listed price for any item(s) listed by Sellers.

22. Legal Disputes and Use of Arbitration

You and Yoyvi Express each agree that any and all disputes or claims at law or equity that have arisen or may arise between you and Yoyvi Express relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Service, any goods sold, offered, or purchased through the Service, or any payments processed for goods sold, offered or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than through other legal proceedings in court, except that you may assert a claim in small claims court, if it meets the criteria for such. Arbitration is more informal than a lawsuit filed in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and Yoyvi Express agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND YOYVI EXPRESS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND YOYVI EXPRESS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Arbitration Procedures. The assigned independent arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this or any other applicable Terms or Policies, any part thereof, including, but not limited to, any claim that all or any part of these Terms are void or voidable.

23. Notice Regarding Apple®

To the extent that you are using our App on an iOS device, you further acknowledge and agree to this section. You acknowledge that these Terms are between you and Yoyvi Express only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties