TERMS & CONDITIONS

LAST UPDATED: 30/09/2024

These conditions are agreed between FRESH OBSERVATION UNIPESSOAL LDA, with registered office at Rua do Hospital 8 - 3250-126 Alvaiázere and NIPC 517397471, hereinafter referred to as ‘YOMASHI’, and the user of the mobile application ‘Yomashi - Power App’ hereinafter referred to as ‘PET SITTER’ and its customers, hereinafter referred to as ‘TUTOR’ or ‘TUTORS’.

Both parties agree that all purchases shall be governed exclusively by this contract to the exclusion of any conditions previously available on this website.

ACCEPTANCE OF TERMS

By creating an account or using the application, PET SITTER agrees to comply with these Terms and Conditions and any other policies referred to herein (such as our Privacy Policy). These terms apply to any and all other individuals who may access or use the App.

PURPOSE

The purpose of these general terms and conditions is to make available and define all the information necessary for the PET SITTER on the ordering, sales, payment and service provision methods carried out through the ‘Yomashi - Power App’ application.
These conditions also regulate all the steps required to make the purchase and guarantee the follow-up of this service provision to PET SITTER.

USER RESPONSIBILITIES

PET SITTER is responsible for:

Managing its TUTORS' data, including contact information and other data relating to their pets, appointments and contracted services.
Maintaining the security and confidentiality of your login credentials and any information stored in the application. Any activity carried out on your account will be deemed to have been carried out by you.
Providing accurate, complete and up-to-date information when using the application.
Misrepresentation or misuse of data is strictly prohibited.

USE OF THE APPLICATION

‘Yomashi - Power App’ grants you a non-exclusive, non-transferable, limited license to use the App to manage any and all pet care services, including but not limited to: dog walking, day care, family stays, bathing and grooming among others.
Some features may require payment of fees and by using these features, PET SITTER agrees to pay all applicable fees, taxes and charges. PET SITTER will be notified of any charges in advance and failure to pay may result in termination of their access to the paid features or the application itself.
PET SITTER is allowed to choose between two subscription schemes (see the ‘features’ section of the website for more details):
- Unpaid or free scheme: Imposes functional limitations.
- Paid or Premium scheme: No functional limitations.
PET SITTER agrees to use the application only for lawful purposes and in a way that does not infringe the rights of any other users or third parties.
Prohibited uses include, but are not limited to:
- Uploading or sharing false, misleading or illegal content.
- Misusing the application to harm other users, customers or their data.
- Attempting to hack, interfere with or disrupt the functionality of the application.
PET SITTER is allowed to issue payment requests for the services contracted to it by its TUTORS, through integrations with external systems, and the payment flow is not YOMASHI's responsibility and must be verified in the integrated system.
PET SITTER is allowed to issue invoices for the services contracted to it by its TUTORS, through integrations with external systems, and the invoice issue flow is not YOMASHI's responsibility and must be verified in the integrated system.

PRICES (SUBSCRIPTIONS)

Prices are set in Euros, including taxes and duties, taking into account the VAT in force on the date of payment of the order.
The correct completion of PET SITTER's invoicing data is your sole responsibility and must be validated before requesting and paying for a subscription.
Once an invoice has been issued, it cannot be reissued with changes.
If there is an increase in the price of any service, PET SITTER will be informed immediately and may choose to continue with the order (paying the difference) or cancel it.
For more information on prices, please consult the ‘prices’ section of the website.
Payment of subscriptions by PET SITTER to YOMASHI is ensured by VIVA PAYMENT SERVICES S.A. - BRANCH IN PORTUGAL.
The final confirmation of the subscription by PET SITTER and respective payment is equivalent to full and complete acceptance of the prices and description of the products/services available for sale as well as these Terms & Conditions, which shall be the only ones applicable to the contract thus concluded.

PRICES (SERVICES)

Prices are to be understood in EUROS, including taxes and duties, taking into account the VAT in force on the date of payment of the order.
The correct completion of the TUTOR's invoicing data is the sole responsibility of the PET SITTER and must be validated prior to the booking request and respective payment.
Once an invoice has been issued, it cannot be reissued with changes.
If the PET SITTER chooses to integrate payments into the ‘Yomashi - Power App’, payment for the services booked by the TUTORS to the PET SITTER via Multibanco Reference and MBWAY is ensured by Easypay - Instituição de Pagamento Lda.

CANCELLATION AND RETURN

The process of cancellation or return of a scheduled service is handled directly between the PET SITTER and the TUTOR, with no intervention on the part of YOMASHI.

OWNERSHIP AND RESPONSIBILITY OF DATA

‘Yomashi - Power App’ acts only as a platform for managing your information and does not claim ownership of customer data.
PET SITTER is responsible for obtaining the customer's consent to store and manage their information on the App.
PET SITTER must comply with all applicable data protection regulations, including but not limited to the General Data Protection Regulation (GDPR).

UPDATES AND SECURITY

YOMASHI reserves the right to modify or discontinue any functionality of the application at any time, with or without notice. It may also release updates, patches or changes to improve the application's performance or resolve security issues.
It is the user's responsibility to keep the application updated to the latest version to ensure optimal performance and security.

INTELLECTUAL PROPERTY

All intellectual property rights, including but not limited to trademarks, logos and content provided through the application, are the property of YOMASHI or its licensors. You are not granted any rights to these intellectual properties except those necessary for your use of the App. Any unauthorized use of the content of the application is prohibited.

LIMITATION OF LIABILITY

YOMASHI provides the application on an ‘as is’ and ‘as available’ basis. We make no warranties, express or implied, as to the performance, availability or reliability of the application. To the fullest extent permitted by law, we disclaim any liability for any damages, losses or injury resulting from your use of the App, including:

Data breaches or loss of customer information.
Interruptions in the availability or functionality of the application.
Unauthorized access to your account or misuse of your information.

TERMINATION

We reserve the right to terminate or suspend the PET SITTER account at any time if we consider that the user has violated these Terms and Conditions or has engaged in illegal or harmful behaviour while using the application.
You may also terminate your account at any time by contacting us.
Upon termination, all licenses and rights granted to you under these terms will cease immediately.

APPLICABLE LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of laws principles. Any disputes arising out of or in connection with these terms or your use of the application shall be resolved exclusively by the courts located in Lisbon, Portugal.

CHANGES TO THE TERMS

YOMASHI may update these Terms and Conditions from time to time. When changes are made, we will update the ‘Last updated’ date at the top of this page and notify you via the App or email. Your continued use of the App after changes have been made means that you accept the updated terms.

CONTACT INFORMATION

If you have any questions or concerns regarding these Terms and Conditions, please contact us at hello@yomashi.pt

By using the ‘Yomashi - Power App’, the PET SITTER acknowledges that he/she has read, understood and agrees to be bound by these Terms and Conditions.