GSM TERMS OF SERVICE
PLEASE READ THESE TERMS AND PAYTOO MOBILE POLICIES CAREFULLY. YACKIE TELECOM IS A SUBSIDIARY OF PAYMOTECH SA. PAY MOBILE TECHNOLOGIES SUBSIDIARY AND DBA'S WEBSITES HAVE THEIR SEPARATE POLICIES AND TERMS OF SERVICES FOR ITS PRODUCTS. THE PUBLISHED POLICIES ARE INCORPORATED HERE BY REFERENCE. THESE TERMS AND CONDITIONS OF SERVICE AND POLICIES ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PAYMOTECH GROUP. PLEASE NOTE THAT SERVICES COVERED BY THIS AGREEMENT MAY NOT BE CANCELLED BY YOU OTHER THAN AS DETAILED IN THESE TERMS OF SERVICE ONCE THE PROVISION OF THOSE SERVICES HAS COMMENCED. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT PROCEED ANY FURTHER ON THIS WEBSITE OR WITH USAGE OF OUR COMPANY'S SERVICES. BY PURCHASING OR USING OUR SERVICES YOU AGREE TO USE THE SERVICES ON THE TERMS SET OUT IN THIS AGREEMENT. WE MAY NEED TO VARY THESE TERMS FROM TIME TO TIME AND ANY SUCH CHANGES WILL BE UNDERTAKEN IN ACCORDANCE WITH CLAUSE 11.2 BELOW. PLEASE CHECK THIS SITE REGULARLY AS WE WILL NOTIFY YOU HERE OF ANY SUCH CHANGES.
1. Introduction
1.1 Service Description. This mobile GSM service is brought to you by Yackie Telecom Inc (USA). Yackie telecom provides SIM cards with access to international roaming, SMS (Short Message Service), WAP (Wireless Application Protocol) services (the "Service") and DATA services.
1.2 Applicable terms and conditions. The Service and any products and services which may be accessed through the Service are made available to you subject to these Terms of Services ("TOS"). The TOS are in addition to any YACKIE TELECOM or third party terms and conditions applicable to products and services, which may be posted from time to time in connection with such products and services ("Specific Terms"). In case of any discrepancy between the TOS and such Specific Terms the latter shall prevail.
2. Conclusion of contract
2.1 Invitations to order. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services shall be deemed as a binding offer by YACKIE TELECOM, but an invitation for you to order.
2.2 Contract for the Service. The contract for the Service between you and YACKIE TELECOM shall be deemed concluded when YACKIE TELECOM, upon your request (order), has provided you with access to the Service, and the information and/or services that you requested have been delivered.
2.3 Assignment. You may not assign or otherwise transfer the contract or assign, transfer or sub-license any of your rights hereunder. YACKIE TELECOM shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party of which notice in writing will be given to you provided such assignment is made under terms no less favorable to you than those in this TOS. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.
3. Access to the Service
3.1 Equipment and Software. In order to use the Service, you must have a GSM mobile handset or otherwise have access to the Service on the network in which YACKIE TELECOM makes the Services available ("Subscription"), and pay any service fees associated with such access. In addition, you must provide all equipment and software necessary to make such connection, including a mobile handset or other access device and ensure that they are in working order and suitable for use in connection with the Service. You are responsible for ensuring that that equipment and software do not disturb or interfere with Yackie telecom's operations. Any equipment or software causing interference shall be immediately disconnected from the Service.
3.2 Access without registration. YACKIE TELECOM provides you with access to Services without you registering as a user. In that case your identification is based on other means of identification that YACKIE TELECOM deems appropriate. Identification is typically based on data identifying your Subscription, such as your Subscription number or MSISDN number provided network operators. You agree that such information may be collected and disclosed to Yackie telecom and used in accordance with section 4.1.
4. Processing of your information
4.1 Privacy. Yackie telecom is committed to the privacy of their customers. You acknowledge that Yackie telecom collects and processes Registration Data and information on your use of the Service including the personally identifiable information contained therein for reasonable purposes and you consent to such practices.
5. Service Obligation
5.1 Reasonable efforts to maintain the Service. YACKIE TELECOM shall use reasonable efforts to keep the Service (or individual services supplied by YACKIE TELECOM) available in accordance with the information that you have received about it at the date of this Agreement. YACKIE TELECOM may suspend the Service for repair, maintenance, and/or upgrade work. In such a case, YACKIE TELECOM shall aim at keeping the said interruption short and at causing as little inconvenience to you as reasonably possible.
5.2 Right to modify services. YACKIE TELECOM shall have the right to provide the Service as it deems best but will try to ensure that the Service is of no lesser standard than as at the date these TOS were entered into. YACKIE TELECOM reserves the right to modify or discontinue, temporarily or permanently the Services provided. If a service is or the Services are to be permanently discontinued by YACKIE TELECOM, we will notify you of this fact.
5.3 Service Upgrades. If any upgrade in a service requires changes in your equipment or software, you must effect these changes at your own expense. YACKIE TELECOM shall inform you of any such alterations in the Service in advance. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services, including the release of new services, shall be subject to the TOS.
6. LIMITED WARRANTIES
6.1 NO WARRANTIES OTHER THAN THOSE CONTAINED IN THE TOS ARE PROVIDED. THE SERVICE (AND ANY SERVICES AVAILABLE THROUGH YACKIE TELECOM'S SERVICES) ARE OFFERED TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND SAVE AS PROVIDED IN THESE TOS AND AS REQUIRED BY THE LAW APPLICABLE TO THESE TERMS OF SERVICE. YOUR USE OF THE SERVICES AND/OR ANY INFORMATION, DATA, TEXT, SOFTWARE, MUSIC, SOUND, PHOTOGRAPHS, GRAPHICS, VIDEO, MESSAGES OR OTHER MATERIALS TRANSMITTED THROUGH OR MADE AVAILABLE USING THE SERVICE ("CONTENT") IS AT YOUR OWN RISK AND THE USE BY YOU OF THE SERVICES MUST COMPLY WITH INSTRUCTIONS GIVEN BY YACKIE TELECOM FROM TIME TO TIME.
6.2 SERVICES. YACKIE TELECOM MAKES NO WARRANTY THAT (i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE (OR ANY SERVICES AVAILABLE THROUGH YACKIE TELECOM'S SERVICES) WILL BE ACCURATE OR RELIABLE, (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS BASED ON THE INFORMATION AVAILABLE TO YOU IN CONNECTION WITH THE SERVICE AT THE DATE OF ACCEPTING THESE TOS, AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
6.3 DOWNLOADING OF CONTENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL;
6.4 SECURITY MEASURES. YACKIE TELECOM SHALL USE REASONABLE EFFORTS TO SECURE ANY INFORMATION THAT YOU TRANSMIT OR STORE THROUGH THE SERVICE IN ORDER TO PREVENT UNAUTHORISED ACCESS BY THIRD PARTIES. YOU ACKNOWLEDGE, HOWEVER, THAT YACKIE TELECOM IS UNABLE TO EXERCISE FULL CONTROL OVER THE SECURITY OF INFORMATION PASSING OVER THE NETWORK UTILISED BY THE SERVICES OR VIA THE SERVICE, AND YACKIE TELECOM HEREBY EXCLUDES ALL LIABILITY OF ANY KIND FOR UNAUTHORISED ACCESS TO INFORMATION PASSING OVER THE NETWORK OR VIA THE SERVICE.
6.5 GENERAL WARRANTIES: (A) THE SERVICES ARE VOICE, INTERNET, SMS MESSAGE, AND WAP DRIVEN AND YACKIE TELECOM IS NOT ABLE TO CONTROL EFFICIENCY OF ALL NETWORKS IN THEIR ENTIRETY OVER WHICH THE SERVICES (AND INDIVIDUAL YACKIE TELECOM OR THIRD PARTY SERVICES) ARE SUPPLIED. THEREFORE, YACKIE TELECOM ASSUMES NO RESPONSIBILITY FOR ANY DISRUPTION TO THE SERVICES/INDIVIDUAL YACKIE TELECOM SERVICES PROVIDED THAT WE WILL USE ALL REASONABLE EFFORTS TO RECTIFY ANY SUCH DISRUPTION AS SOON AS REASONABLY PRACTICABLE. FURTHER, YACKIE TELECOM MAKES NO REPRESENTATION OR WARRANTY AND ASSUMES NO RESPONSIBILITY FOR THE DELAYS IN PROVISION OF THE SERVICES/INDIVIDUAL YACKIE TELECOM SERVICES, DISTORTION, MISDELIVERY OR FAILURE TO STORE ANY CONTENT, COMMUNICATIONS OR PERSONALISED SETTINGS OR THE EQUIPMENT USED BY YOU IN RELATION TO THE SERVICES OR INDIVIDUAL YACKIE TELECOM SERVICES; (B) NO NON-FRAUDULENT ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YACKIE TELECOM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS SAVE ANY TERMS EXPRESSED TO BE ABLE TO BE VARIED IN THESE TOS.
7. Limitation of Liability
7.1 NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES EITHER YACKIE TELECOM’S OR YOUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR OR OUR EMPLOYEE'S OR YOUR NEGLIGENCE, OR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
7.2 SUBJECT TO CLAUSE 7.1, YACKIE TELECOM SHALL NOT IN ANY CIRCUMSTANCES BE LIABLE UNDER THESE TOS FOR ANY OF THE FOLLOWING LOSS OR DAMAGE (WHETHER SUCH LOSSES OR DAMAGE WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF BUSINESS CONTRACTS; (B) LOSS OF SAVINGS OR ANTICIPATED SAVINGS; (C) LOSS OF REVENUE OR ANTICIPATED PROFITS; (D) LOSS OF GOODWILL; (E) LOSS OF DATA; (F) LOSS OF OPPORTUNITY; (G) LOSS OF REPUTATION; (H) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES; OR; (G) FOR ANY OTHER UNUSUAL LOSSES.
7.3 SUBJECT TO CLAUSE 7.2, YACKIE TELECOM’S MAXIMUM LIABILITY UNDER THESE TOS FOR LOSSES DIRECTLY RESULTING FROM AN INTENTIONAL BREACH OF THESE TOS OR ITS GROSS NEGLIGENCE SHALL BE LIMITED IN RESPECT OF ANY ONE EVENT OR A SERIES OF TWO OR MORE CONNECTED EVENTS TO $1000USD YOU SHALL NOT USE THE SERVICE IN ANY CASE WHERE DAMAGE OR INJURY TO PERSON, PROPERTY OR BUSINESS MAY OCCUR IF ANY ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
7.4 YOU AGREE TO INDEMNIFY AND HOLD HARMLESS YACKIE TELECOM FROM ANY AND ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, AND DEMANDS BROUGHT BY THIRD PARTIES RESULTING FROM YOUR USE OF YACKIE TELECOM SERVICES.
8. Use of the Service and Content
8.1 The nature of content. Neither the Services, nor any of the information transmitted through or made available using the Service, is intended to supply tax, accounting or legal advice, advice regarding the suitability or profitability of any security or investment, any health or medical advice, or any other advice of a personal or private nature. Although the Services may provide access to information and recommendations and research about the foregoing topics, YACKIE TELECOM does not guarantee that such recommendations are suitable to you or for any other person. You shall make your own independent evaluation of the suitability of such recommendations. You assume full responsibility and liability for any and all tax, accounting, legal, investment, medical, health, or other personal decisions made by you.
8.2 Responsibility for the use of the Service. You are fully responsible for all activities that occur under your password or account or through your Subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. YACKIE TELECOM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 8.2.
8.3 Prohibited activities. You agree not to use the Service or services available via the Services to: a) upload, make available, send or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b) harm minors in any way; c) impersonate any person or entity, including, but not limited to, a YACKIE TELECOM official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d) upload, make available, send or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party or any Content that you do not have a right to transmit under applicable law or under contractual or fiduciary relationship (such as information disclosed as part of employment relationships or under nondisclosure agreements); e) upload, send or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "Spam", chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; f) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or g) "stalk" or otherwise harass another. You agree not to: a) manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; b) intentionally or unintentionally violate any applicable local, state, national or international law; c) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
8.4 YACKIE TELECOM's right to disclose information. You acknowledge and agree that YACKIE TELECOM may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of YACKIE TELECOM, its users and the public.
8.5 Intellectual Property in the Services. You acknowledge and agree that the Service, any software used in connection with the Service ("Software"), and usernames allocated to you contain proprietary and confidential information that is protected by applicable intellectual and industrial property and other laws and which belong to YACKIE TELECOM or third parties. You will not acquire ownership of any worldwide intellectual property rights in Software or usernames by virtue of your use of the Services. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by YACKIE TELECOM, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by YACKIE TELECOM for use in accessing the Service. YACKIE TELECOM hereby grants you a license to make a single copy of the Content on the equipment you use to access the Service and to use and display such copy of the content on such equipment for private non-commercial purposes.
8.6 Without YACKIE TELECOM's prior permission, you agree not to display or use in any manner, the trademarks, trade names or logos used in connection with the Service.
8.7 DO NOT RELY SOLELY ON YOUR GSM PHONE IN AN EMERGENCY SITUATION AS SERVICE IS NOT GUARANTEED.
9. PAYMENTS
9.1 Tariffs. The tariffs and terms of payment are made available at www.paytoomobile.com. You shall pay YACKIE TELECOM for the Services and the use thereof in accordance with the price lists in force. Unless otherwise indicated, the charges shall be invoiced on your mobile operator's bill (i.e. on the bill related to the use of the mobile subscription with which you have accessed the Service).
9.2 Price changes. YACKIE TELECOM reserves the right to change the tariffs for the Service by posting details of such changes on its web site or in other publicity materials.
10. Termination
10.1 Termination of the Service. You agree that YACKIE TELECOM, at its sole discretion, may terminate your use of the Service or individual services provided via the Services, and remove and discard any Content within such services.
10.2 Suspension of the Services. YACKIE TELECOM may suspend all or any of the Services (or individual services provided via the Services), for lack of use.
11. Other terms and conditions
11.1 Notices. You shall send any notices related to this contract to the following addresses: support@yackietelecom.com; YACKIE TELECOM shall serve notices related to this contract by posting them on the YACKIE TELECOM website or by sending them to the address or e-mail address you have given to YACKIE TELECOM, or as a text message to your mobile Subscription number. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the YACKIE TELECOM website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.
11.2 Changes to TOS. YACKIE TELECOM reserves the right to change these terms and conditions from time to time. Changes shall be notified to you by posting on the YACKIE TELECOM website or by sending you a notice pursuant to section 11.1 thereof.
11.3 Reasonable Control. Yackie telecom is not responsible for non-compliance with the terms of these TOS where such non-compliance results from matters beyond Yackie telecom’s reasonable control.
12. General information
The TOS and the relationship between you and Yackie telecom shall be governed by the laws of the State of Delaware United States of America. The failure of YACKIE TELECOM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision or part of a provision of the TOS is found by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of the provision will be enforced so as to effect the intention of the parties, and the other provisions of the TOS remain in full force and effect. Yackie telecom is a company registered in the United States of America whose Registered Office is at 113 Barksdale Professional Center, Newark, DE 19711 USA. |
