Terms and Conditions

Last updated: October 23, 2024

Please read these terms and conditions Vayabo Privacy and Cookie Policy carefully before using Our Service. This should take around 20 minutes.

We suggest keeping a printed copy of these terms for your future reference.

Vayabo offers a platform for travel content and associated services. For simplicity, the term ‘Services’ will be used throughout these Terms to collectively refer to the App, Website and our offerings.If you started using the App or Website without reading the Terms, or if you have any comments or questions about them, please feel free to contact us at [email protected].

We may update these Terms of use from time to time. Please review the terms each time you access our Service to ensure you understand the current conditions. Changes will take effect 30 days after they are posted. We will make reasonable efforts to notify you of any significant changes at least 30 days before they come into effect. By continuing to use our Service after the new terms are in effect, you agree to be bound by them.

By using this Service, you acknowledge that you are under no obligation to follow any suggestions, comments, reviews, or instructions provided by other users. Should you decide to act on any such input, you do so entirely at your own risk.

 

1. Introduction

This document sets forth the Terms and Conditions (the “Terms”) for the use of the Vayabo App and the Website (collectively, the “Service”), operated by EVORA VENTURES LTD (the “Company”), a company incorporated and existing under the laws of England, located at Chase Road, A Block, Unit 361, 2nd Floor, London, United Kingdom, N14 6HF, and registered with the Companies House under the registration number 1503854. These Terms apply to all Users of the Services and govern the relationship between Company and its Users.

 

2. Acknowledgment

These are the Terms and Conditions governing the use of Services that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all Users regarding the use of the Services.

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, Users and others who access or use the Services.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you should refrain from using the Services.

 

3. Definitions

For the purposes of this Terms and Conditions:

Account means a unique account created for you to access Vayabo App, Vayabo.com and Services.

Private Account refers to an account setting available to users that, when enabled, restricts access to the user’s profile, preventing other users from viewing their content or activities on the platform. Users can enable or disable this feature at any time through the ‘Settings’ section of the mobile application. Enabling a Private Account ensures that only the account holder has control over who can access their profile. Please note that while the Private Account setting limits public access, the Company may still access and use your data as outlined in our Privacy Policy and Terms and Conditions.

A Pro Subscription refers to a paid, premium membership available to users of the platform, granting access to additional features, enhanced services, and exclusive content not available to non-pro subscribers. The pro-subscription is available on a monthly, quarterly, or yearly basis, and the fees are billed through third-party payment platforms  (Apple Store). The Pro Subscription renews automatically unless canceled, and all payments and cancellations are governed by the respective Third-party platform’s terms of service.

Applicable Law refers to the legal requirements relating to the operation of the Service and the Company, including but not limited to local, state, national, and international laws, regulations, rules, and ordinances that govern these Terms and Conditions, the use of the Service, and all related activities.

Application refers to Vayabo App, the software program provided by the Company.

Website refers to Vayabo.com, accessible from www.vayabo.com

Business refers to the Company as the legal entity that collect your personal information and determines the purposes and means of the processing, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing.

Company/Us refers to EVORA VENTURES LTD, located at Chase Road, A Block, Unit 361, 2nd Floor, London, United Kingdom, N14 6HF, and registered with the Companies House under the registration number 15038540.

Cookies refers to the small files that are placed on your computer or device when you visit Our Application or Website. Those are used to make our Application and Website work or to work more efficiently, as well as to provide reporting information and to help personalize your experience and remembering your preferences. On the other hand, with your explicit consent to the processing of cookies for marketing purposes, We may use cookies for analytical or marketing purposes.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by you, regardless of the form of that content.

Country refers to United Kingdom.

Data Subject, for the purposes of the Law, refers to an individual whose Personal Data is being collected, processed, or stored by a Data Controller or Data Processor.

Data Protection Laws refers to 2018 UK Data Protection Act, UK GDPR, EU General Data Protection Regulation and any other applicable data protection legislation.

Personal Data is any information that relates to an identified or identifiable individual.

Services refers to the services provided by Vayabo through the Vayabo App or Vayabo.com or both. Vayabo offers a platform for travel content and associated services

Service Provider refers to third-party companies or individuals employed by the Company, to provide the services to the Company.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Services.

Third-party API Services refers to any website or any social network website which a User can access through Vayabo App or Vayabo.com for various purposes, including but not limited to booking accommodations, flights, tours, or accessing additional functionalities not directly provided by Vayabo App or Vayabo.com. These third-party services are operated independently and are not under Our control. When you choose to utilize these services through Vayabo App or Vayabo.com, you may be directed to the respective third-party platforms.

You or User refers the individual accessing or using the Vayabo App or Vayabo.com

 

4. Privacy and Cookie Policy

Your access to and use of the Services is also conditioned on your acceptance of and compliance with the Privacy and Cookie Policy of the Company. Our Privacy and Cookie Policy describes Our policies and procedures on the collection, use and disclosure of your personal information when you use the Vayabo App or the Website and tells you about your privacy rights as a Data Subject and your rights under the Data Protection Laws

Please read Vayabo Privacy and Cookie Policy carefully before using Our Services. We will only use your personal information as set out in our Privacy and Cookie Policy.

 

5. User Eligibility and Registration

5.1 General The Services are intended for Users who are at least 18 years of age. People under the age of 18 may only use the Services with the consent of a parent or guardian.

Users must register for an Account to access certain features of the Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on Our Services.

5.2 For Pro-Subscribers

  • Pro Subscription Packages

Vayabo offers several Pro Subscription packages that provide access to enhanced features and premium content.

  • Pro Subscription Features:
    • File Uploads within a Trip: Pro users can upload and manage files seamlessly within each trip, allowing for easy access and organization.
    • Access Offline Data: Download existing trips to access data offline, ensuring you can view your plans without an internet connection.
    • Invite Unlimited People to Trip Planning: Pro users can invite an unlimited number of people to collaborate and plan trips together, making it ideal for group travel.
    • Take and Organize Notes: Keep secure and private notes. Notes are only available to Pro users, ensuring your trip details are organized and accessible solely to you.
    • Duplicate Trips Quickly: Pro users can easily duplicate trips, even from trips shared by others. This feature allows users to copy trip itineraries and plans with minimal effort.
    • Create Unlimited Trips: There is no limit to the number of trips Pro users can create, offering flexibility for frequent travelers or trip planners.
    • Add Reviews for Collaboration: Pro users can add public reviews, making it easier for group members to collaborate and share feedback on trip plans.

The available subscription options include:

  • VayaboPro Monthly Subscription: United Kingdom (GBP) £4.99, United States (USD) $4.99 per month, billed monthly.
  • VayaboPro Quarterly Subscription: United Kingdom (GBP) £12.99,  United States (USD) $12.99 per quarter, billed every three months
  • VayaboPro Yearly Subscription: United Kingdom (GBP) £39.99,  United States (USD) $39.99 per year, billed annually

*Fees may vary depending on your country. You can access the applicable service fee and the current terms of your membership in your country through the ‘Settings – Pro Subscription’ section in the mobile application.

 

  • Billing and Payment
    • (a) Payment Channels

      Subscriptions are billed through third-party platforms such as Apple Store, and all payments are processed according to the respective platform’s terms and conditions. You agree to comply with their payment procedures.

    • (b) Billing Cycle

      Upon selecting a subscription package, your chosen method of payment will be billed immediately. The billing cycle (monthly, quarterly, or yearly) will renew automatically unless you cancel before the next billing date. Renewal occurs 24 hours before the start of the next subscription period.

 

  • Subscription Management
    • (a) Changing Subscription

      You may switch between subscription packages at any time by selecting a new plan. The new package will become active once your current subscription term concludes, and your account will be billed according to the newly selected package at the next billing date.

    • (b) Cancellation

      Subscriptions can be canceled through your app store account settings ( Apple Store). Cancellations will take effect at the end of the current billing cycle, and no refunds will be provided for any remaining portion of the subscription period.

 

  • Free Trials

    From time to time, we may offer free trials for our Pro Subscription services. If you do not cancel before the end of the trial period, you will be automatically enrolled in the subscription, and the payment method associated with your app store account will be billed at the applicable rate.

 

  • Refund Policy

    Payments for subscriptions are generally non-refundable. However, refunds may be issued in accordance with the policies of the respective app store (Apple Store) or as required by law. For any refund requests, you should contact the app store directly.

 

  • Changes to Subscription Fees

    We reserve the right to change subscription fees at any time. Price changes will be communicated in advance, and such changes will apply only to future billing cycles. If you do not agree with the new pricing, you must cancel your subscription before the next billing cycle.

 

  • License for Pro Features

    By subscribing to the Pro service, you are granted a non-exclusive, non-transferable license to access and use premium features for personal, non-commercial purposes. Sharing access to your Pro account or using the Pro features outside of the permitted use is prohibited.

 

6. User Responsibilities on Account Security

You are responsible for safeguarding your account password and ensuring that it remains confidential. Do not share your password with anyone.

Please notify us immediately if you suspect any breach of security or unauthorized use of your account. While we take reasonable steps to protect your account, you are responsible for any activity that occurs under your account unless it results from our negligence or failure to maintain appropriate security measures.

If you choose or are assigned a user ID, password, or other security credentials, you must keep them confidential.

By using our Service, you agree that:

(a) You are responsible for keeping your account information secure and should not disclose it to third parties;

(b) You will log out at the end of each session and exercise caution when using public or shared devices to prevent unauthorized access;

(c) You are responsible for activities on your account, but we will not hold you liable for actions taken by others if they result from security failures on our part; and

(d) We are not liable for any unauthorized activities or financial losses unless they are caused by our negligence.

For enhanced protection, we recommend periodically changing your password. We may also implement additional security checks to verify your identity.

We reserve the right to disable any user ID or password, whether chosen by you or assigned by us, if there is reasonable evidence of a breach of these terms or other security concerns.

 

7. Content and Conduct Guidelines

Our Service allows you to post Content. You are responsible for the Content that you post on Vayabo App or Website, including its legality, reliability, and appropriateness.

You represent and warrant that: (i) the Content is yours or you have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You are prohibited from posting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any Applicable Law.

The following types of Content or activities are prohibited:

  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Services
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

We reserve the right to review and, if necessary, remove Content that does not comply with these Terms. Additionally, we may limit or revoke your use of the Service if your Content violates these Terms. However, we do not assume responsibility for monitoring all Content posted by users or third parties, and you agree to use the Services at your own risk.

You acknowledge that you are solely responsible for the Content you post and for all activities that occur under your account, whether conducted by you or someone else using your account. You understand and agree that the Company will not be liable for any errors, omissions, or any loss or damage resulting from your use of the Services, except where such liability arises due to our negligence or failure to uphold our obligations under applicable law.

 

8. Content Backups

While we perform regular backups of Content, we cannot guarantee that there will be no loss or corruption of data.

We will provide support and make reasonable efforts to address any known or discovered issues that may affect the integrity of Content backups. However, you acknowledge that, despite our efforts, we cannot guarantee the successful restoration of Content to a fully usable state.

You agree to maintain a complete and accurate copy of your Content in a location separate from the Services. This is to ensure that you have access to your Content in the event of any data loss or corruption.

In the event of data loss or corruption, we will not be liable for any loss or damage resulting from our failure to restore Content, except where such loss or damage is due to our negligence or failure to meet our reasonable obligations to ensure the integrity of the backup process.

 

9. Intellectual Property Rights

The Service and its original content (excluding Content provided by you or other Users), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Services are protected by copyright, trademark, and other applicable laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

All intellectual property rights in the Service and its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Regarding Content provided by you or other Users; by posting Content on Vayabo App or Website, you grant us a non-exclusive, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely for the purpose of providing and promoting the Service. You retain all rights to any Content you submit, post, or display on or through the Vayabo App or Website. This license allows us to make your Content available to other Users of the Service, who may use it within the Service subject to these Terms.

You agree that this license, as well as any use of Content, is limited to the Service only. You are solely responsible for ensuring that neither you nor any other users download, export, or distribute the Content for any commercial purposes or outside of the Service. The Content is intended exclusively for personal, non-commercial use within the Service.

You may print a single copy and download extracts of any page(s) from our Service solely for personal use or to share content within your organization. However, you must not modify the printed or digital copies of these materials in any way, nor should you use any images, videos, audio clips, or graphics apart from their accompanying text.

It is essential to always acknowledge our authorship and that of any specified contributors. Any use of content from our Service for commercial gain is strictly prohibited unless you have received prior authorization from us or our licensors.

 

10. Intellectual Property Infringement

We respect the intellectual property rights of others and are committed to addressing any claims that content posted on the Vayabo App or Website infringes copyright or other intellectual property rights.

If you are a copyright owner or authorized representative and believe that your copyrighted work has been copied in a way that constitutes infringement through the Vayabo App or Website, please submit a written notice via email to [email protected]. Your notice should include:

– A detailed description of the copyrighted work claimed to be infringed.

– The URL of the location where the copyrighted work is available.

– Your contact information.

Upon receipt of a valid notice, the Company will review the claim and, at its sole discretion, may take appropriate action, including removing the allegedly infringing content from the Service.

**Please note:** If you submit a notice alleging copyright infringement that is found to be false or misleading, you may be held liable for any resulting damages, including costs and attorneys’ fees.

The Company will also provide a mechanism for content creators to contest removal actions and submit counter-notices. This ensures a fair process for all parties involved.

 

11. Third-Party Links and Services

The Service may contain links to third-party websites or resources that are not owned or controlled by the Company. The Company provides a platform for third-party vendors to list accommodations, restaurants, events, tours, and other travel-related services. The Company does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any of these listings. Vendors are solely responsible for their listings and services.

The Company does not have control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. Your use of third-party services accessed through the Vayabo App or Website is at your own risk and subject to the terms and conditions of those third-party services.

While we strive to provide accurate and reliable information, we cannot guarantee the availability, accuracy, or suitability of third-party websites or resources. The Company is not liable for any damage or loss, direct or indirect, arising from or in connection with the use of or reliance on any content, goods, or services provided by third-party websites or services.

We strongly encourage you to review the terms and conditions and privacy policies of any third-party websites or services you visit to understand their practices and how they may affect you.

 

12. Disclaimers and Limitations of Liability

The Service and its content are provided on an “as is” and “as available” basis, with all faults and defects without warranty of any kind. To the maximum extent permitted under Applicable Law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

To the fullest extent permitted by Applicable Law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, any websites linked to it, any content on the Services or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if the Company or any supplier has been advised of the possibility of such damages and foreseeable.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under Applicable Law.

 

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, any use of the Content or Services other than as expressly authorized in these Terms or your use of any information obtained from the Services. However, this indemnity obligation does not apply to any claims or damages arising from the Company’s own negligence or willful misconduct.

If our digital content, due to our negligence, causes damage to your device or digital content, we will either repair the damage or provide compensation. However, we will not be held responsible for damages that could have been prevented by following our recommendations, such as applying free updates, or for damages resulting from your failure to adhere to installation instructions or meet our specified minimum system requirements.

 

14. Termination of Use

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Services will cease immediately.

If you wish to terminate Your Account, you may simply delete your Account and discontinue using the Service. Upon receiving your request to terminate your Account, We will initiate the account deletion procedure within 30 days. The process of erasing your Content may require up to 90 days from the start of the deletion process. During this period, your Content will be inaccessible to other Users, but it will still be governed by these Terms of Use and our Privacy and Cookie Policy.

Please read Clause 5.2 of the Terms regarding Pro Subscription Packages carefully.

 

15. Governing Law, Disputes Resolution and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting the Company.

All disputes and claims arising from or in connection with this Agreement shall be governed by and construed under the laws of the United Kingdom and shall be settled by London Courts without regard to its conflict of law provisions.

 

16. Other Provisions

The Company may assign its rights under these Terms without condition. You may not assign your rights under these Terms without Our prior written consent. The purpose of this restriction is to protect the platform and its content security.

If any provision of these Terms is held to be unenforceable or invalid, for any reason, whether in whole or in part; such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under Applicable Law and the remaining provisions will continue in full force and effect.

Except as provided herein, Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

These Terms constitute the entire agreement between you and the Company regarding the Services and supersede and replace any prior agreements.

If you have any questions about these Terms, please contact Us at [email protected]