Yirni’s Terms of Service
Last Update: May 2023
Welcome to Yirni.com.
The following terms of service (these “Terms of Service”), govern your access to and use of the Yirni website, including any content, functionality and services offered on or through www.yirni.com (the “Site”) by Yirni Inc. (2737 Innes Road, Gloucester, ON K1B 4L3, CANADA). Yirni Inc. and its subsidiaries are collectively referred hereto as “Yirni” “we” or “us” and “you” or “user” means you as a user of the Site.
Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and Yirni Payment Terms, found here (“Payment Terms”), which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found here. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.
This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 16 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the Yirni services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Yirni makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Key Terms
Clients are users who purchase services on Yirni.
Additional Services are extra services offered on top of the Professional’s Trial Service for an additional price defined by the Professional.
Page is where the Professional can describe their Career Trial and the Career Trial’s terms, and the Client can purchase the Career Trial and create a booking.
Career Trials are services offered on Yirni.
Inbox is where Clients and Professionals communicate with each other in connection with a Career Trial Booking.
Bookings are the formal agreements between a Client and Professional after a purchase was made from the Service’s Career Trial Page.
Professionals or Partner are users who offer and perform services through Career Trials on Yirni.
Overview (Main terms, in a nutshell)
PROFESSIONALS or PARTNERS
Basics
Career Trials
Additional Career Trial Services
Professional Features
Yirni Professionals have access to several exclusive features that help customize the way their services can be offered.
BUYERS
Basics
Purchasing
BOOKINGS
Basics
Handling Bookings
Reviews
Disputes and Cancellations
We encourage our Clients and Professionals to try and settle conflicts amongst themselves. If for any reason this fails after using the Inbox page or if you encounter non-permitted usage on the Site, users can contact Yirni’s Customer Support for assistance here. For more information about disputes, Booking cancellations and refunds please refer to the Payment Terms.
User Conduct and Protection
Yirni enables people and businesses around the world to create, share, sell and purchase career trial service. Members of the Yirni community communicate and engage through bookings, social media, and on Yirni’s Community Forums.
Yirni maintains a friendly, community spirited, and professional environment. Users should keep that spirit while participating in any activity or extensions of Yirni. This section relates to the expected conduct users should adhere to while interacting with each other on Yirni.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
Basics
Bookings
Career Trials
Reporting Violations
If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Customer Support team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.
Violations
Users may receive a warning for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Customer Support team. Warnings do not limit account activity, but can lead to your account becoming permanently disabled based on the severity of the violation.
Non-Permitted Usage
Inappropriate Behavior & Language – Communication on Yirni should be friendly, constructive, and professional. Yirni condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate bookings, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Career Trials or Bookings.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Booking Page. Professionals further confirm that whatever information they receive from the Client, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the career trial to the Client. Any users who engage and communicate off of Yirni will not be protected by our Terms of Service.
Authentic Yirni Profile – You may not create a false identity on Yirni, misrepresent your identity, create a Yirni profile for anyone other than yourself (a real person) or a business, or use or attempt to use another user’s account or information; Your profile information, including your description, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Yirni reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims – Yirni will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use – You may not use Yirni for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active Yirni account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Yirni community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Yirni’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Yirni. This includes creating new multiple accounts to harass members through our message or booking system.
Selling Accounts – You may not buy or sell Yirni accounts.
Proprietary Restrictions
The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Yirni and protected by copyright, trademark, and other intellectual property laws. Yirni is a registered trademark owned exclusively by Yirni Inc. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site: (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, or degrade any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.
Except for the limited right to use the Site according to these Terms of Service, Yirni owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content including, without limitation, the exclusive right to create derivative works.
Feedback Rights
To the extent that you provide Yirni with any comments, suggestions or other feedback regarding the Yirni platform or the Site as a whole, as well as other Yirni products or services (collective, the “Feedback”), you will be deemed to have granted Yirni an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Yirni is under no obligation to implement any Feedback it may receive from users.
Confidentiality
Professionals and Clients should recognize that there might be a need for Clients or Professionals to disclose certain confidential information to be used by Professionals or Clients for the purpose of delivering the booked trial service, and to protect such confidential information from unauthorized use and disclosure. Therefore, Professionals and Clients agree to treat any information received from Clients as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Professionals and Clients specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the booked service; and (vi) not to copy or reproduce any of the information without the Client or the Professional’s permission.
General Terms
User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Yirni by our users (Clients and Professionals) is User Generated Content. Yirni does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Yirni platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Yirni is not responsible for the content, quality or the level of service provided by the Professionals. We provide no warranty with respect to the Career Trials, their delivery, any communications between Clients and Professionals. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Professional undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the career trial service that is offered on Yirni. Professionals advertising online their Career Trial must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Career Trial, as applicable, and may lead to the suspension of Professional’s account.
Ownership
Ownership and limitations: When booking a Career Trial on Yirni, unless clearly stated otherwise on the Professional’s Career Trial page/description, when the service is delivered, and subject to payment, the Professional is granted all intellectual property rights, including but not limited to, copyright in the service delivered to the Client, and the Client waives any and all moral rights therein. Any information received from the Professional cannot be used for any purpose that is directly or indirectly in connection with a competitor, or other undertaking intended for profit unless authorized by a written permission from the Professional.
Furthermore, users (both Clients and Professionals) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Yirni, including Career Trial texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered services, may be used by Yirni for no consideration for marketing and/or other purposes.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER YIRNI NOR ANY PERSON ASSOCIATED WITH YIRNI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Machine Translation
Certain user-generated content on the Site has been translated for your convenience. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.
The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.
Limitation on Liability
IN NO EVENT WILL YIRNI, ITS AFFILIATES OR THEIR LICENSORS, PROFESSIONALS, 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 SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE 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 FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Yirni, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.
Yirni Inc.
2737 Innes Road
Ottawa, ON K1B 4L3
Canada
