Terms & Conditions

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Version 1.0: July 13th, 2021

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ACCEPTANCE

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Any person who wants to access the Platform and use the Services to sell Products and/or Services must accept the terms and conditions of this General Terms Agreement ("Terms") without change.

YUGO reserves the right to change at any time and in its sole discretion any of the terms and conditions contained in these Terms, the Schedules and Annexes, and any fees, procedures, policies governing the Services, the Platform or Partner centre. These changes will take effect immediately from posting on the Platform, Partner centre or otherwise. Changes to fees and Policies may be posted without notice. Partners are responsible for reviewing on a regular basis this document and associated documents. Partner's continued use of the Services, the Platform and/or Partner centre following the changes taking effect will constitute Partner's acceptance of such changes and if Partner does not agree to any changes to these Terms or to the Policies, Partner must discontinue the use of the Services, the Platform and Partner centre (except to the extent required herein) and the Agreement will be terminated. For the avoidance of doubt, newer versions of the Terms and/or Schedule(s) supersede older versions.

Use of the Services, the Platform and Partner centre is limited to parties that can enter into and form contracts under applicable laws. You represent and warrant that: i) you are an adult of at least 18 years of age capable of validly entering into the Agreement and performing your obligations hereunder; ii) where you are a business, that a) you are, and will remain at all times, a business duly organized, registered, validly existing and in good standing under the laws of the country in which the business is registered; b) you have all requisite right, power and authority to enter into the Agreement and perform your obligations hereunder; and c) any information provided or made available by you or your Affiliates is at all times accurate and complete. You further represent and warrant that you and any person or entity that has a financial interest in your business, or any person or entity you are acting on behalf of: a) has no affiliation with any YUGO employee which may result in a potential or actual conflict of interest; b) has not been barred or otherwise prevented from selling on YUGO; or c) has not been involved in any lawsuit or claim that has a bearing on the Agreement.

 

DEFINITIONS

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Unless the context otherwise requires, capitalized terms and expressions used in this Agreement and not otherwise defined shall have the meanings described below.

 

 

 

“Activation Date” means the target date for Activation.

 

“Activation” means the actual activation by YUGO of Partner Products in the YUGO booking platform.

 

“Affiliate” means a Person that directly or indirectly through one (1) or more intermediaries, controls, or is controlled by, or is under common control with, another Person (and, for the purpose of the foregoing, “control” (including the terms “controlling”, “controlled by”, and under “common control with” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person whether through the ownership of voting securities, or by contract).

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“Applicable Law” means applicable laws, statutes, decrees, decree-laws, acts, codes, legislation, treaties, conventions and similar instruments and, in respect of any of the foregoing, any instrument passed in substitution thereof or for the purposes of consolidation thereof with any other instrument or instruments, in each case, as amended, modified, varied or supplemented from time to time, (ii) applicable final judgments, Bookings, determinations or awards of any court from which there is no right of appeal or if there is a right of appeal such appeal is not prosecuted within the allowable time, and (iii) applicable Bookings, guidelines, notices, guidance, rules and regulations of any state or government or any government entity.

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“Booking Price” means the Partner price for an individual Product made available for sale to Customers on the Platform.

 

“Business Day” means any day other than Saturday or Sunday, when banks are open for normal banking business in Singapore.

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"Charter Flight" means a flight, excluding a Fixed Route flight.

 

"Customer" means a user of the Yugo website and its associated Yugo Services – including third-party travel partners making reservations through the website on behalf of Customers.

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“Customer Data” means data, in whatever form, owned, held and/or controlled by Partner or a Partner Affiliate which is made available to YUGO or is otherwise created, collated or collected and/or accessed by YUGO in connection with this Agreement including Personal Data.

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“Confidential Information” means all information and data which are marked “in commercial confidence” or otherwise designated as confidential which are contained in or discernible from any form whatsoever (including without limitation electronic data or database, drawings, films, documents and computer readable media) and disclosed by one Party to the other, whether before or after the date of the Agreement, including but not limited to:

(i) any commercial, financial, technical information and data relating to a Party’s business affairs, products and services, knowhow, design rights, trade secrets market opportunities and plans or intentions communicated in documentary or digital form, electronically or otherwise to the receiving Party through the employees, consultants or advisers of the disclosing Party; and

(ii) any such information of the nature described in (ii) above disclosed orally and identified as confidential at the time of disclosure;

in all cases whether encrypted or not and including all copies of the above on any media (including electronic media) whatsoever.

 

“Data Protection Laws” means all Applicable Laws pertaining to privacy, confidentiality and/or the protection of Personal Data or corporate data.

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“Direct Loss” means any Loss (but specifically excluding internal management time) properly characterised as direct (and not consequential or special) under Singapore laws including direct loss of revenue and the cost of obtaining replacement goods, software or services.

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"Discounted Price" means the discounted sale price of a flight by a Customer with an existing reservation to another Customer.
 

"Empty Leg" means an available seat in the return portion of a booked one-way flight.

 

"Estimated Invoice" means the invoice issued by an Operator in respect of an Estimated Price.

 

“Event of Force Majeure” means an event that either:

(a) is not reasonably foreseeable; or

(b) is beyond the reasonable control of the affected Party.

and, in either case, as to which the affected Party cannot prevent or overcome, and prevents total or partial performance of the obligation(s) of the affected Party, and is not the fault or negligence of the affected Party. Such an event includes, but shall not be limited to, act of God, flood, fire or other elements of nature, war, riot, civil disorder, terrorism, malicious damage; accident, breakdown, delay or unavailability of goods or services provided by a third party (including subcontractors of the affected Party) equipment or services due to an Event of Force Majeure, third party (including subcontractors of the affected Party) strikes or lockouts and the unforeseeable action or inaction of any court or other governmental body;

 

"Excess Invoice" means the invoice issued by an Operator in respect of a Final Price, being the difference between the Estimated Price and the Final Price.

 

"Estimated Price" means the estimated price for a Charter Flight determined by an Operator before the Flight, including a deposit.

 

"Experience Flights" means fixed flight routes (excluding Transfers).

 

"Final Price" means the effective Flight price determined by the Operator after completion of a Charter Flight on the basis of (without limitation) the effective Flight time and route.

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“Fixed Flight” means a Transfer or an Experience Flight.

 

"Fixed Price" means the fixed price for a Fixed Route.

 

"Fixed Route" means a Transfer or an Experience Flight.

 

"Flight" means a flight reserved by a Customer with an Operator through the Website.
 

“Governmental Agency” means any government or governmental, semi-governmental or judicial entity or authority including any self-regulatory organisation established under statute exercising executive, legislative, judicial, taxing, regulatory or administrative functions.

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“Hazardous Condition” means any condition that may endanger or degrade any component of the YUGO Products and Services, as determined by YUGO, and which is not a Problem.

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“Indemnified Parties” means collectively Party A’s Indemnified Parties and the YUGO Indemnified Parties.

“Indemnified Party” means where the context so requires, any of Party A’s Indemnified Parties or as the case may be, any of the YUGO Indemnified Parties.

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“Indemnifying Party” means YUGO, in the case of claims made under Clauses 7.2 and 8  of the Partnership Agreement.

“Intellectual Property Rights” “IPR” means all current and future copyright, patents, trademarks or rights in database, inventions or trade secrets, know-how, rights in designs, topographies, trade and business names, domain names, marks and devices, methodologies, confidential information and all other intellectual property rights and applications for any of those rights capable of protection anywhere in the world.

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“Late Payment Interest” means if a Party fails to pay an amount required to be paid under this Agreement when it is due, that Party must pay interest on the due amount from and including the due date for payment up to and including the date of actual payment, at the rate per year in accordance with the Monetary Authority of Singapore.

 

“Liability” means liability for breach of contract, negligence, breach of statutory duty and/or other tort, any liability in relation to any indemnity and any other liability howsoever arising.

“LIBOR” means in relation to any period and amount in respect of which an interest rate falls to be determined pursuant to this Agreement, the offered rate appearing on page LIBOR01 (or its successor or replacement page) of the Reuters Screen for US dollars for the specified period at 11am on the relevant quotation date therefor.

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“Loss” means any overdue and unpaid amounts under or in connection with this Agreement, any cost, expense, claim proceeding, action, compensation, damages, liability, (including reasonable legal fees and other litigation expenses), death, personal injury and any damage to property.

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"Operator" means a private aircraft operator providing a Flight service to a Customer pursuant to a reservation made through the Yugo Website.

“Partner” means third party companies offering their own products or services to Yugo Customers as add-ons to the Yugo Products and Services offered on the Platform.

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“Person” means a physical person, company, corporation, firm, partnership, co-operative company, unincorporated or incorporated association, government, state, statutory authority, foundation and/or trust.

“Personal Data” means any data or information which relates to an individual and all other data and information to which Data Protection Laws apply.

“Personnel” means officers, employees, agents and contractors of that Party.

 

“Platform” means the YUGO App for mobile devices and the YUGO Website.

 

“Product” means the offers uploaded onto the YUGO Platform by a Partner and made available for sale to Customers.

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"Price Estimate" means the indicative flight price provided on our Website for specific flights.

 

“Recipient” means in respect of an item of Confidential Information, the Party receiving that item of Confidential Information.

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"Rideshare Flight" means last-minute flight offered on the Website by Customers with existing Flight reservations.

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“Service Terms” means the guidelines, terms and agreements applicable to the YUGO Services.

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"Services" means the services provided by Yugo through the Website, being limited to information on Operators, flights, proposed routes and Yugo +. Yugo may, from time to time, add additional services at its own discretion.

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“Spot Rate” means the Interbank Spot Middle Rate (Buy) between Euros and United States Dollars at 12:00 noon of the relevant day as published by Reuters.

 

“Partner Net Revenue” means the monies paid by YUGO to Partner, corresponding to the retail price of a Product, less the YUGO Commission Fee or Discounted Price portion.
 

“Taxes” means all taxes, levies, duties, imposts, costs, charges, and registration fees, withholdings, deductions or any charges of equivalent effect including but not limited to withholding tax, value added tax and customs duties, stamp and transactional duties together with any penalties, fines or interests thereon which are imposed, withheld or levied by any country or any tax authority or other Governmental Agency having the power to impose such taxes except if imposed or calculated by reference to the net income, profits or gains received or receivable by either Party by taxation authorities in Malaysia or, as the case may be, or any other territory as a result of either Party maintaining a permanent establishment in that territory; and “Tax shall be construed accordingly”.

 

“Term” means the term, as set out in Clause 1 of the Partnership Agreement
 

“Third Party Applications” means those services or applications, other than YUGO Products and Related Services, provided by a third party and operated in conjunction with any of the YUGO Products and Related Services.

 

“Third Party” means a Person other than a Party.

 

"Transfer" means a fixed flight route (excluding Yugo experiences).

 

"Website" means the Yugo website www.yugoplus.com

 

“YUGO”, “Yugo” means Yugo Global Industries Pte. Ltd.8 Burn Road, #07-15, Trivex, Singapore 369977, with company registration 202004992C.

 

"Yugo +" means the concierge service of Yugo.

 

“Yugo App” means the Yugo booking platform application for mobile devices.

 

“YUGO Conditions of Use” means the conditions of use of the YUGO website and app, as described in document reference YG-CoU01.00.

 

“YUGO Products and Services” means the YUGO booking platforms in the form of a mobile application and a web browser, and their associated YUGO Services such as (but not limited to) payment system, logistics operations, delivery system, customer care, marketing activities, related to making available the Products and Services in accordance with the Agreement.

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“YUGO Privacy Notice” means the YUGO privacy terms as described in document reference YG-PN01.00

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“YUGO Software” means any software (including any updates or upgrades to the software) and any related documentation made available in connection with YUGO Services.

 

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PARTNER OBLIGATIONS & UNDERTAKINGS

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When listing your Products and/or Services, you must ensure that you have the right to use the advertising materials (photos, text, etc.) you upload on our site. By using the Services, Partner undertakes, represents and warrants that it will:

1. comply with all applicable laws, treaties, ordinances, codes and regulations;

2. comply with all policies;

3. be responsible and pay all taxes, duties, fees and other charges arising out of or associated with the Booking, the Payment or in any other way owed by Partner under the Partnership Agreement;

4. obtain and maintain all necessary rights, licences, permits or approvals required for the offer, advertising and sale of the Products on or through the Platform prior to their listing and will provide, as such time as YUGO may so request, copies of these documents to YUGO;

5. ensure that any information provided under this Agreement, including for the listing and the Content Materials of the Products, is accurate, current, complete and is not misleading or otherwise deceptive to Customers;

6. fulfil all Bookings from Customers for Products at their agreed Discounted Price;

7. contract from a reputable insurance company, an appropriate insurance covering its obligations under the Agreement and other associated documents, and its Products;

8. provide in the format and at such times as YUGO may require, accurate, updated and complete information about the availability of the Products;

9. give YUGO written notice and evidence of any requirement or provision of any other agreement that may conflict with any requirement or provision of this Agreement;

10. ensure that any person filling or signing any document, operating the Partner centre account, or handling the Products on behalf of Partner (other than a YUGO employee, contractor or agent, or a third party specifically mandated by YUGO) has full power, mandate and authority to do so on behalf of the Partner. Partner may not dispute the actions of such person in so far as they are in apparent compliance with the Agreement;

11. Negative Covenants: Partner undertakes, warrants and represents that it will not, directly or indirectly:

    1. Infringe on any Intellectual Property Rights;

    2. post or display any materials that exploits or otherwise exploits persons under the age of eighteen (18) years or display pornographic materials of any kind;

    3. post or display any political or religious content;

    4. post or disclose any personally identifying information or private information about minors or any third parties without their consent or the parent's or guardian's consent;

    5. post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups or individuals or activities that leads to cruelty towards animals;

    6. conduct activities such as gambling, sweepstakes, raffles and lotteries or participate in any activities related to so-called pyramid or Ponzi schemes, or any other illegal, immoral or antisocial activities;

    7. use the Platform or the Services to purchase items sold on the Platform for commercial use, or for use on behalf of a third party;

    8. use, or access, input or upload on the Platform and/or the Partner centre any material that is not directly connected with the Products, or permit the use of Partner's account or offer "free space" on or other access to the account or the Platform to third parties;

    9. access content and information that concerns any party other than Partner, transmit unsolicited commercial or bulk email, interfere with the proper working of the Platform or Partner Centre, transmit any viruses, trojan horses or other harmful mediums, or attempt to bypass any mechanism used to detect or prevent such activities;

    10. create liability for YUGO (and its Affiliates, directors, employees, contractors, agents, subcontractors, etc.) or expose it to undue risk or otherwise engage in activities that YUGO, in its sole discretion, determines to be harmful to YUGO's operations, reputation, or goodwill;

    11. contact any Customer nor enter into any direct arrangements with the Customer for the offer of Products and Services, except where notified or permitted by YUGO to do so for the purposes of fulfilling a Customer Agreement;

12. Partner undertakes, represents and warrants that:

    1. the Products are of merchantable quality, fit for their purpose, free from defects and strictly conform to their listed and intended specifications;

    2. the Products made available for sale are not prohibited and comply with applicable laws;

    3. it has full unencumbered title in the Products and, in any materials incorporated in the Products and, all the Products are supplied free of all liens, charges or other security interests;

    4. it will provide the Products with all legally required documentation ;

    5. it will provide YUGO and/or Customer any document pertaining to the sale of the Products (including sales invoice and tax invoice), as may be requested by YUGO and/or the Customer;

    6. all its representations, warranties and undertakings in the Agreement will be fulfilled and, will remain true and correct at all times and, will subsist for so long as necessary to give effect to each and every of them in accordance with the Terms, provided that and in the event of any of them becoming unfulfilled, untrue or incorrect, it will promptly inform YUGO of the same and rectify the situation.

 

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CUSTOMER OBLIGATIONS AND UNDERTAKINGS

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The Customer agrees that:

1. The purpose of the Flight Booking is not for any fraudulent, unlawful or criminal activity;

2. They will present themselves on the agreed time and location with the Operator for the Flight with proper and valid identification for all passengers;

3. They shall mention to the Operator any health conditions;

4. They will immediately inform the Operator, either by phone or on the Website, if they are required to cancel a Flight;

5. They will be authorized to have one (1) carry-on luggage only (maximum 10kg) and shall contact YUGO Concierge for excess luggage weight;

6. Customers shall comply and shall procure that all its guests (including pets) shall comply with all applicable customs, police, public health, immigration and other lawful regulation of any state to/from or over which the aircraft is or may be flown;

7. They will follow the Operator’s safety procedures both on ground and inflight;

8. Customers under the influence of illicit substances or inebriated may face the risk of being denied boarding and the Flight to be cancelled without any reimbursement;

9. No smoking policy strictly applies on all YUGO Operators Partners Flights;

10. YUGO is Pet friendly but it is at the discretion of the Operator to decide whether the aircraft suitable for a pet;

11. YUGO respects every culture and beliefs. Customers may in certain countries be requested to comply with cultural or religious etiquette ;

12. They shall not carry illegal or dangerous cargo (illegal drugs, hazardous materials, explosives, and the like), strong scented items (durian, vinegar, shrimp paste, and the like), and firearms/weapons (guns, knives, toxins) onboard the Flight;

13. They will pay any Estimated and Excess Invoice to the Operator in time by using the YUGO Platform or by Wire Transfer – Estimated Invoice needs to be paid prior to the flight;

14. They will ensure that all other persons who accompany the Customer on the Flight comply with all applicable terms and conditions;

15. They have appropriate individual insurance coverage for the Flight.

16. They will not ask for any flight plan changes during the Flight;

17. The Customer will be responsible for the financial liability, losses and damages arising from or in connection with the Flight, and YUGO will not be liable under any circumstances to the Customer for such financial liability, losses and damages.

 

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YUGO RIGHTS

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1. Notwithstanding any provision in these Terms, YUGO will have the right, in its sole discretion, to delay or suspend listing of, or to refuse to list, or to delist, or require the Partner not to list, any or all Products made available for sale by the Partner on the Platform or be subject to sales traffic activities, if any, provided by YUGO, or to deactivate the Partner’s account(s).

2. YUGO may at its sole discretion withhold for investigation, refuse to process, restrict bookings, stop or cancel any Booking, all of which shall not be unreasonably withheld. Equally, the Partner will stop or cancel Bookings of Products if so asked by YUGO. In the event the Partner has already received Payment, the Partner shall reverse the Payment to YUGO who will in turn refund any Customer that has been charged for an Booking that YUGO has stopped or cancelled.

3. YUGO may use the services of one or more third party processors or financial institutions or such other service providers in connection with the Services.

4. The Product prices indicated in an Booking will not be subject to any variation and, unless otherwise agreed in writing, shall include all costs. Without prejudice, YUGO reserves the right to reject any particular form of Booking or payment for Products, and not to honour or accept any discounts, coupons, gift certificates, or any other offers or incentives provided by the Partner.

5. YUGO, directly or through a third party, will bear the risk of credit card fraud (e.g. fraudulent purchases arising from the theft or unauthorized use of a Customer’s credit card information) occurring in connection with the Booking, except with respect to:

   1. Bookings which the Partner did not fulfil in accordance with the Booking information or,

   2. Any fraud directly or indirectly linked with the Partner. The Partner shall bear all other risk of fraud or loss.

   3. The Partner shall promptly inform YUGO of any changes to the nature or specifications of the Products, or any pattern or behaviour of fraudulent or other improper activity with respect to any of the Product that may result in a suspicion or higher incidence of fraud, or other impropriety associated with transactions involving the Product.

   4. YUGO may at its sole discretion implement sales traffic activities and use market data analytics tools allowing Customers to rate and review Partners and Products performance, and make the results publicly available.

 

 

 

EXCLUSIONS

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1. ​YUGO provides the Services only. Yugo is not a direct air carrier and therefore does not physically operate the transport services and does not act in the capacity of Operators with regards to the Flight itself.

2. YUGO is not liable in respect of any issue arising from a Booking between Customers and Operators made on the Website.

3. YUGO is and will not act as an agent for any Customer or Operator. Customers accept that they will have no recourse to YUGO for any aspect of the Flight, including in relation to cancellation, last minute changes, or failure by the Operator to provide the Flight, in full or in part, to a Customer.

4. Any support services which Yugo may provide, at its own discretion, in respect of the foregoing shall not imply any liability of Yugo in relation with such services.

5. Yugo will not contact either party and will take no other steps whatsoever than those described herein to manage Flight Bookings.

6. The conditions and operation of a Flight are the sole responsibility of the Operator.

7. YUGO reserves the right not to offer the Services for a Flight or to a Customer due to: (i) changes to applicable law, changes in the practice of regulatory authorities or changes in case law, (ii) changes to market practices or technology changes, (iii) changes of business considerations underlying the Services, and (iv) other important and valid reasons, at YUGO’s discretion.

8. YUGO reserves the right to limit the number and/or class of Customers eligible to reserve any Flight.

 

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INTELLECTUAL PROPERTY

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The Partner represents and warrants to YUGO that it is the owner, or has lawful rights so, with respect to the use of Intellectual Property Rights (“IPR”) concerning the Products and content materials it is making available for sale on the YUGO Platform, and that it is not aware of any claims made by any third party with regards to any alleged or actual IPR infringement or other claim, demand or action resulting from the content materials, advertising, publishing, promotion, manufacture, sale, distribution or use of the Products.

 

1. The Partner undertakes, represents and warrants that:

   1. the content materials are not prohibited and comply with the applicable laws (including  specifications and performance criteria, etc.) and conform with the policies as posted on the Platform or Partner centre;

   2. it will provide accurate and up to date content materials. The content materials must include all text, disclaimers, warnings, notices, labels or other indications required by laws to be displayed in connection with the offer, merchandising, advertising or sale of the Products;

   3. it will not directly or indirectly include in the content materials, in the product listing of the Products, or with the Products, any terms and conditions of sale (or of provision of service) other than those agreed under the Agreement or any Partner or third-party marketing materials; and

   4. it will not provide any content materials, or seek to list for sale on the Platform any Products, or provide any uniform resource locator ("URL") marks unless it has the right to publish the content material;

2. The Partner hereby grants YUGO a royalty-free, non-exclusive, right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially and non-commercially exploit in any manner, any and all of the content materials, and to sublicense the foregoing rights to YUGO Affiliates, provided that YUGO will not alter any third-party trademarks.

3. YUGO has no obligation to verify the accuracy, completeness and legality of content materials.

4. YUGO retains the right to determine the use and placement of content materials, and the structure, appearance, design, functionality and all other aspects of the Platform, the Services, and, if any, the sales traffic activities.

5. As between the Parties, each Party retains all right, title and interest in and to its technology and IPR. Neither Party acquires any rights in the foregoing from the other Party except as expressly granted under the Agreement; all other rights are reserved, and no implied licenses are granted. Neither Party will attempt to register any distinctive trademarks or domain names that are confusingly similar to those of the other Party.

6. The Partner will not be entitled to use any IPR belonging to YUGO without YUGO’s prior approval in writing.

7. The Agreement shall not be deemed or construed to create, convey or transfer any IPR to the Partner and, other than instructed by YUGO, the Partner will not decompile any software or reverse engineer any software, or other product or process. The Agreement is not a license to use or distribute any software, or other product or process.

8. The Agreement confers to the Partner no rights of ownership, title, license or other IPR in any tangible or intangible property, including software (e.g., the Platform, Partner centre and any APIs or other software) and data (e.g. sales data, performance data, customer data, Partner Centre data) used, obtained or created under the Agreement. If such rights were nevertheless to have accrued to it for any reason whatsoever, the Partner shall assign, dispose or otherwise transfer, and effect the transfer of, the full and exclusive ownership of all such rights on a free of charge basis to YUGO or any other party designated by YUGO. The Partner will use and process such software and data for the sole and exclusive purpose of fulfilling its obligations under the Agreement and, will not claim, sell, assign or license any IPR.

 

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LIABILITY & INDEMNIFICATION

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1. The Platform, Partner centre, the Services and the Additional Services are provided on an "as is" basis. Except as expressly provided for in the Agreement, YUGO makes no other representations or warranties of any kind, express or implied, including:

   1. the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;

   2. that the Platform, Partner centre, the Services or the Additional Services will meet Partner's requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;

   3. that the information, content, materials, or products included on the Platform or Partner centre will be as represented by YUGO, available for sale on a timely manner, lawful to sell, or that YUGO or the Customers will perform as promised;

   4. any implied warranty arising from course of dealing or usage of trade; and

   5. any obligation, liability, right, claim, or remedy in tort, unless arising from acts of fraud, negligence or wilful misconduct by YUGO. Partner acknowledges that any information and any materials provided by or through the Platform, Partner centre, the Services and the Additional Services may contain inaccuracies or errors and YUGO expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by the laws. Any link found on the Platform or Partner Centre is provided for Partner's convenience to provide further information. It does not signify that YUGO endorses the contents thereof and YUGO has no responsibility for the content of external links.

2. Any typographical, clerical or other error or omission in any acceptance, invoice, content material or other document on the part of YUGO will be subject to correction without prejudice or any liability to YUGO.

3. Any claim from the Partner under the Agreement will be made by in compliance with the claims and dispute process policy of YUGO, which may be changed from time to time without notice. Notwithstanding which any such claim must be notified to YUGO no later than thirty (30) days from the Booking, failing which, the Partner waives the right to make such claim.

4. The Partner will defend, indemnify and hold harmless, and at YUGO's option defend against, YUGO and its Affiliates, employees, directors, agents and representatives, from and against any and all liens, damages, losses, liabilities, obligations, penalties, fines, fees, claims, litigation, demands, defences, judgements, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (including third party claims, reasonable attorney’s fees, consultants’ fees, experts' fees and other costs of litigation) arising out of, or related to:

   1. any actual or alleged breach of the Partner's undertakings, representations, warranties, or obligations set forth in the Agreement;

   2. any incorrect, misleading or erroneous information provided to YUGO or any third party in connection with the Services;

   3. any non-compliance by the Partner with any applicable laws or the Policies, including any losses in respect of carriage or prohibited goods incurred by YUGO or its subcontractors;

   4. the Partner’s own website or other sales channels, the Products, any content material, the advertisement, offer, sale or return of the Products;

   5. any actual or alleged infringement of any IPR by the Products or the content materials or;

   6. the Partner taxes, or the collection, payment or failure to collect or pay the Partner’s taxes.

5. If at any time YUGO reasonably determines that any indemnified claim might adversely affect YUGO, YUGO may take control of the defenses at the expense of the Partner. Partner may not consent to the entry of any judgment or enter into any settlement of a claim against YUGO without the prior consent by YUGO in writing, which consent may not be unreasonably withheld.

6. YUGO will not be held liable for any damages of any kind, including direct, indirect, incidental, punitive, and consequential, arising out of or in connection with the Agreement, the Platform, the  Partner centre, the Services, the inability to use the Services, the Products, or from messages received or transactions entered into, provided that YUGO will compensate the Partner for any direct damages resulting exclusively or primarily from YUGO’s fraud, gross negligence or wilful misconduct as provided under the YUGO Rights section.  

7. To the fullest extent permitted by the applicable  laws, and not withstanding any other provision of this Agreement, the total liability, in the aggregate, of YUGO and YUGO's Affiliates and their respective officers, directors, partners, employees and contractors, and any of them, to the Partner and anyone claiming by or through Partner, for any and all claims, losses, costs or damages, including attorneys’ fees and costs and expert-witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to the Agreement from any cause or causes will not exceed the fees that YUGO has received or would have received from the Partner for the month preceding the date the liability arose. It is intended that this limitation applies to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by the applicable laws.

 

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TERMINATION

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1. YUGO has the right to unilaterally and immediately terminate the Agreement upon the occurrence of any of the following:

   1. The Partner being in breach of any provision of the Agreement and failing to remedy the same within fourteen (14) days from being so notified;

   2. The Partner being in breach of any applicable laws or YUGO Policies with respect to the Products and sales of the Products;

   3. The Partner passing a winding up resolution or, a court of competent jurisdiction issuing an order for the same;

   4. The issuance of an administrative order in relation to the Partner, or the appointment of a receiver order, or an encumbrance taking possession of, or the selling of any of the Partner’s assets;

   5. The Partner making an arrangement or composition with its creditors generally or, applying to a court of competent jurisdiction for protection from its creditors;

2. Provided they have not been corrected by YUGO within thirty (30) days from notifying YUGO of the occurrence of any of the following, the Partner has the right to immediately terminate the Agreement upon occurrence of any of the following:

   1.  YUGO delaying payment for more than thirty (30) days without valid reason;

   2. The making of an administration order in relation to YUGO or the appointment of a receiver over YUGO’s assets;

   3. The making of an arrangement or composition by YUGO with its creditors generally or applying to a court of competent jurisdiction for protection from its creditors;

   4. YUGO making an arrangement or composition with its creditors generally or, applying to a court of competent jurisdiction for protection from its creditors.

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Conditions Of Use

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Version 1.0: July 13th, 2021

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Welcome to YUGO

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YUGO and/or its affiliates ("YUGO") provide website features and other products and services to you when you visit or book on YUGO, use YUGO products or services, use YUGO applications for mobile, or use software provided by YUGO in connection with any of the foregoing (collectively, "YUGO Services"). YUGO provides the YUGO Services subject to the following conditions. 

By using YUGO Services, you agree to these conditions. Please read them carefully.

 

We offer a wide range of YUGO Services, and sometimes additional terms may apply. When you use a YUGO Service (for example, your profile, your account, or simply the YUGO App) you also will be subject to the guidelines, terms and agreements applicable to that YUGO Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

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PRIVACY

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Please review our Privacy Notice, which also governs your use of YUGO Services, to understand our practices.

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ELECTRONIC COMMUNICATIONS

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When you use YUGO Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other YUGO Services, such as our message centre, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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TRADEMARKS

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In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any YUGO Service are trademarks or trade dress of YUGO in Singapore and other countries. YUGO's trademarks and trade dress may not be used in connection with any product or service that is not YUGO's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits YUGO. All other trademarks not owned by YUGO that appear in any YUGO Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by YUGO.

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PATENTS

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One or more patents owned by YUGO may apply to the YUGO Services and to the features and services accessible via the YUGO Services. Portions of the YUGO Services operate under license of one or more patents.

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LICENSE AND ACCESS

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Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, YUGO or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the YUGO Services. This license does not include any resale or commercial use of any YUGO Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any YUGO Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by YUGO or its licensors, suppliers, publishers, rightsholders, or other content providers. No YUGO Service, nor any part of any YUGO Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of YUGO. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of YUGO without express written consent. You may not use any meta tags or any other "hidden text" utilizing YUGO's name or trademarks without the express written consent of YUGO. You may not misuse the YUGO Services. You may use the YUGO Services only as permitted by law. The licenses granted by YUGO terminate if you do not comply with these Conditions of Use or any Service Terms.

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YOUR ACCOUNT

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You may need your own YUGO account to use certain YUGO Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. YUGO does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the YUGO Services only with involvement of a parent or guardian. YUGO reserves the right to refuse service, terminate accounts, terminate your rights to use YUGO Services, remove or edit content, or cancel orders in its sole discretion.

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REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

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You may post reviews, comments, photos, videos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Without any prejudice, YUGO reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

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If you do post content or submit material, and unless we indicate otherwise, you grant YUGO a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant YUGO and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify YUGO for all claims resulting from content you supply. YUGO has the right but not the obligation to monitor and edit or remove any activity or content. YUGO takes no responsibility and assumes no liability for any content posted by you or any third party.

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REFUNDS AND TITLE

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Thanks for booking on YUGO. We take pride in our services and we value our relationship with you.

We promise to deliver your service in the best possible way. We want you to live your experience with us just the way you want it and we understand that everyone makes mistakes (us included!). 
If you are not entirely satisfied with your experience, have an issue or simply need help, we're here for you so just contact us at hello@yugo.com.

 

Please follow our guidelines below for booking cancellation:

• 100 % of the quotation price will be forfeited  for cancellations up to 24 hours prior to scheduled flight departure. 

• 50 % of the quotation price will be forfeited for cancellations between 24 hours and 48 hours prior to scheduled flight departure.  

• 25 % of the quotation price will be forfeited for cancellations more than 48 hours prior to scheduled flight departure.

• The aircraft pilot is in command at all times and may decide to abort, divert, perform an inflight turn back, or refuse to accept passenger and/or their payload  in the interest of flight safety.

• YUGO reserves the right to charge the client for actual flying and waiting time cost as well as other charges or fees incurred during an aborted, diverted or turned back flight due to reasons beyond the control of YUGO. 

 

Exclusions

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Credit Card Disputes. If you have instructed your credit card company to dispute your charge, you cannot submit a refund request.

Refund Request

We’re sorry to hear your experience wasn’t as good as it should be, but let us make it up to you!

Please submit a request via our customer service channels along with a few small details:

1. Your Booking confirmation reference

2. The matter of the issue

3. Any additional information you deem valuable to sustain your request

Refund Procedure

Here’s what happens when you request for a return and refund.

Sign into your YUGO account:

1. Select the booking for which you would like a refund, and select “Refund Request”;

2. Once a request has been submitted, your YUGO concierge will review your request and reply to you within One (1) working day.

 

PRODUCT AND SERVICES DESCRIPTIONS

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YUGO endeavours to be as accurate as possible. However, YUGO does not warrant that product and/or services descriptions or other content of any YUGO Service is accurate, complete, reliable, current, or error-free. If a product and/or service offered by YUGO itself is not as described, do let us know immediately so we can fix it without further delay.

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PRICING

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"Product Price" means the retail price of a product as displayed on the YUGO App and website and confirmed in the booking quotation. With respect to products sold by YUGO, we cannot confirm the price of a product until you booking is processed and payment confirmed.

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APP PERMISSIONS

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When you use apps created by YUGO, such as the YUGO App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

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OTHER BUSINESSES

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Parties other than YUGO operate stores and sell product lines through the YUGO Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing from those third parties via the YUGO Platform. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). YUGO does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. 

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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

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The YUGO Services and all information, content, materials, products (including software) and other services included or otherwise made available to you through the YUGO Services are provided by YUGO on an “as is” and “as available” basis, unless otherwise specified in writing. YUGO makes no representations or warranties of any kind, express or implied, as to the operation of the YUGO Services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the YUGO Services, unless otherwise specified in writing. You expressly agree that your use of the YUGO Services is at your sole risk. To the full extent permissible by law, YUGO disclaims all warranties, express or implied, including but not limited to, implied warranties or merchantability and fitness for a particular purpose. YUGO does not warrant that the YUGO Services, information, content, material, products (including software) other services included on or otherwise made available to you through the YUGO Services, YUGO servers or electronic communications sent from YUGO are free of virus or other harmful components. To the full extent permissible by law, YUGO will not be liable for any damages of any kind arising from the use of YUGO Service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the YUGO Services, including but not limited to, direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing.

 

DISPUTES

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Any dispute or claim relating in any way to your use of any YUGO Services, or to any Products sold by YUGO via www.yugoplus.com or the YUGO App will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Singapore International Arbitration Centre (SIAC) applies and governs the Agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to YUGO, 8 Burn Road, #07-15, Trivex, Singapore 369977. The arbitration will be conducted by the Singapore International Arbitration Centre. Payment of all filing, administration and arbitrator fees will be governed by the SIAC's rules. We will reimburse those fees for claims totalling less than $500 unless the arbitrator determines the claims are frivolous. Likewise, YUGO will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

The Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, each Party waives any right to a jury trial. Both Parties also agree that either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

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APPLICABLE LAW

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By using any YUGO Services, you agree that the Arbitration Act (Cap. 10) (Revised Edition 2002) (Arbitration Act) or the International Arbitration Act (Cap. 143A) (IAA), applicable federal law, and the laws of Singapore, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and YUGO.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

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Please review our other policies posted on this site. These policies also govern your use of YUGO Services. We reserve the right to make changes to our site, policies, Service Terms, and the Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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OUR ADDRESS

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YUGO Global Industries Pte. Ltd.

8 Burn Road, #07-15, Trivex,

Singapore 369977

www.yugoplus.com

 

ADDITIONAL YUGO SOFTWARE TERMS

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The following terms apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with YUGO Services (the "YUGO Software"). 

1. Use of the YUGO Software. You may use YUGO Software solely for purposes of enabling you to use the YUGO Services as provided by YUGO, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the YUGO Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the YUGO Software in whole or in part. All software used in any YUGO Service is the property of YUGO or its software suppliers and is protected by Singapore laws and international laws.

2. Use of Third Party Services. When you use the YUGO Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No reverse engineering. To the full extent of the law, you are strictly prohibited to reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the YUGO Software, whether in whole or in part.

4. Updates. We may offer automatic or manual updates to the YUGO Software at any time and without notice to you.

5. Conflicts. In the event of any conflict between these Conditions of Use and any other YUGO or third-party terms applicable to any portion of YUGO Software, such as open-source license terms, such other terms will control as to that portion of the YUGO Software and to the extent of the conflict.

 

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

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YUGO accepts service of subpoenas or other legal process only at the following address:

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Yugo Global Industries Pte. Ltd.

Attn: Legal Department

8 Burn Road, #07-15, Trivex,

Singapore 369977

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Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases, name, e-mail and physical address. 

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INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS & COMPLAINTS PROCEDURE

YUGO respects the intellectual property of others. If you believe that your intellectual property rights are being or have been infringed, please submit your complaint to info@yugoplus.com. This email may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances. We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement at:

Yugo Global Industries Pte. Ltd.

Attn: Legal Department

8 Burn Road, #07-15, Trivex,

Singapore 369977

 

 

Written claims concerning intellectual property infringement must include the following information: 

• A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property interest;

• A description of the work that you claim has been infringed upon;

• A description of where the material that you claim is infringing is located on the site;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.