Each time you access the YepCell website (www.YepCell.com) (Website)
and any of YepCell’s website services you confirm you have
read and agree to the terms and conditions listed on this web
page (Terms and Conditions of Use). YepCell may from time to time
amend, update or change this Website including these Terms and
Conditions of Use without prior notice. You should periodically
check this page for changes to these terms and conditions.
General disclaimer
YepCell is not liable to you or anyone else for any loss suffered
in connection with the use of this Website or a linked website.
This general disclaimer is not restricted or modified by any
of the following specific warnings and disclaimers.
SMS text messaging
YepCell SMS text messaging services (including but not limited
to YepCell SMS and YepCell Photo SMS) on the Website are provided
for personal/business use by individuals/corporates. You accept
full responsibility for the content of any message you send using
the SMS text messaging service. All messages are sent at the risk
of the sender. YepCell accepts no liability for the content of
transmitted messages, or non-transmission of any message for any
reason.
YepCell does not guarantee that any message will be transmitted
and received in whole or in part or that SMS text messaging services
will continue to be available on the Website.
Users of the Website may not use the SMS text messaging service
to transmit advertising or messages to any person who might consider
such messages offensive or distasteful. Users undertake not to
send messages to any person who may not wish to receive a message.
Posting or transmitting to or from the Website or the SMS text
messaging service any unlawful, threatening, defamatory, or obscene
material, or any other material that could give rise to any civil
or criminal liability under the law, is prohibited.
YepCell reserves the right at any time to refuse SMS text messaging
services at its discretion to any person it considers in its sole
opinion may be misusing the service, breaching these Terms and
Conditions, or otherwise acting in a manner detrimental to YepCell’s
interests.
Any decision to refuse service is at the sole discretion of YepCell.
YepCell accepts no liability for any consequences of any such
refusal of service. YepCell is not bound to take any action as
a result of complaints that may be received by YepCell as a result
of messages sent via YepCell text messaging services.
Purchase and Refund
The price of SMS text messaging services provided by YepCell is
subject to change at any time. You should make sure you are aware
of the price of SMS text messaging services before use or purchase
them.
All money you pay to YepCell for the purchase of any services
provided by the Website is paid on a non-refundable basis subject
to applicable laws. Subject to any applicable laws, all refunds
are to be provided at the discretion of YepCell. YepCell is not
liable for any loss or cancellation of SMS due to suspension or
banning from the SMS text messaging services of the Website for
breach of these Terms and Conditions.
Copyright
This Website is YepCell’s intellectual property and subject
to copyright. Any information posted or sent to YepCell becomes
YepCell’s property and you release and waive all your rights
and interest to that information.
You may not, in any form or by any means:
adapt, reproduce, broadcast, decompile, disassemble, download,
copy, store, distribute, transmit, print, display, perform, publish
or create derivative works from any part of this Website; or commercialise
any information, products or services obtained from any part of
this Website, without YepCell’s prior written consent.
Trade marks
The trade marks YepCell, YepCell SMS, the YepCell “Mobile”
logo and other names of YepCell products and services referred
to in this Website are trade marks of YepCell.
Other product and company names mentioned in this Website may
be the trade marks of other people or entities.
If you use any of YepCell’s trade marks to refer to our
activities, products or services, you must include a statement
attributing that trade mark to us. You must not use any of YepCell’s
trade marks:
in or as the whole or part of your own or other trade marks;
in connection with activities, products or services which are
not YepCell’s;
in a manner which may be confusing, misleading or deceptive; and
in a manner that disparages us or our information, products or
services (including this Website).
Links and other business relationships
Other than as required by law, YepCell makes no representations
or warranties whatsoever about any other website which may be
accessed through this Website. Links are provided as a courtesy
to our customers only and in no way should be interpreted as an
endorsement.
YepCell makes no representations or warranties and accepts no
responsibility for the accuracy, completeness, content or use
of the information accessible via this Website or any website
with which it is linked.
Further, YepCell is not responsible for any information or opinions
published on any website linked to or from this Website.
Framing and Linking to this Website
Linking to this Website will only be permitted with the express
prior written consent of YepCell. Any links if allowed, must link
directly to this Website’s homepage and none of the other
pages within unless otherwise agreed by us in writing. It is not
permitted to frame any part of the Website without the express
prior written consent of YepCell.
Contents
This Website and its contents must not be distributed, posted,
transmitted, modified, reused or otherwise reproduced in whole
or part without YepCell’s express prior written consent.
Product information
Some product specifications, tables and/or descriptive phrases
were created by respective manufacturers and are used with permission.
Product illustrations are, in some cases, provided courtesy of
the manufacturer and used with their permission.
Warranties
To the extent permitted by applicable law, all representations,
warranties and other terms are excluded other than as required
by law. You must ensure that your access to this Website is not
illegal or prohibited by laws which apply to you or in your location.
No liability
YepCell assumes no liability for the use of any information posted
on the Website or for the use of any product or service described
here.
In no event will YepCell or its agents, suppliers, or contractors
be liable for any damages of any kind or character, including
without limitation any compensatory, incidental, direct, indirect,
special, punitive, or consequential damages, loss of use, loss
of data, loss of income or profit, loss of or damage to property,
claims of third parties or other losses of any kind or character,
even if YepCell has been advised of the possibility of such damages
or losses, arising out of or in connection with the use of this
Website or the SMS text messaging services or any Website with
which it is linked.
Member services
YepCell may modify or discontinue our services or your account
or your membership, with or without notice, without liability
to you, any other user or any third party. YepCell reserves the
right to terminate your account or membership if it learns that
you have provided false or misleading registration information,
interfered with other users or the administration of YepCell’s
services, or violated these Terms and Conditions of Use.
Prices in US Dollars
All prices listed on this Website are in US Dollars, all other
prices mentioned are just for reference.
Specific warnings and disclaimer
Manufacturers and service providers have reserved the right to
alter product or service specifications without notice. Publishing
information about a product or service does not constitute an
endorsement by YepCell. With respect to the Website and any website
with which it is linked; to the extent permitted by law, YepCell
disclaims all warranties, express or implied, including without
limitation any implied warranties of merchantability and fitness
for a particular purpose.
YepCell does not undertake to keep this Website updated. YepCell
is not liable to you or anyone else if errors occur in the information
on this Website or if that information is not up to date.
Indemnification
You agree to fully indemnify and hold YepCell harmless from any
claim, cost, demand or damage (including legal costs on a full
indemnity basis) incurred or which may be incurred arising from
a breach by you of these Terms and Conditions of Use.
Waiver
YepCell’s failure to exercise or enforce any one or more
of its rights under these Terms and Conditions of Use will not
constitute a waiver of such rights unless such waiver is granted
by YepCell in writing.
Language
The parties agree that the Terms and Conditions of Use have been
prepared in English and to the extent any translation of these
Terms and Conditions of Use is necessary, such interpretation
must be consistent with the English meaning of these Terms and
Conditions of Use.
YepCell
In these Terms and Conditions of Use a reference to YepCell is
a reference to the individual who has created and maintains the
website. For further information please email to info@YepCell.com
