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Terms and Conditions

This Web site ("the Site") is operated by Yomego an entertainment division of DA Group (UK) Ltd, a company incorporated in Scotland registered number 121558 and having a place of business at The Lighthouse, 70 Mitchell Street, Glasgow, G1 3LX. In these terms and conditions DA Group (UK) Ltd is referred to as "Yomego". Any such reference shall be deemed to include all companies within the DA Group.

Our services are for users aged 16 and over. Always ask permission from the bill payer before ordering. Costs vary, check cost on individual product before ordering. Pre-pay users please check you have enough credit on your phone before ordering as you will not receive your message or product if you do not have sufficient credit.

Your use of the Site is subject to the terms and conditions set out below. Please read these terms carefully before accessing any other pages in the Site. Your use of the Site is conditional upon your acceptance of these terms and conditions. If you do not agree to these terms and conditions, please leave the Site immediately.

Child Supervision

We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Site/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.

Suitability

As You have chosen to Order Content from the Site, You agree that You have had the opportunity to check, prior to Ordering, the Content's suitability. We accept no liability for Content which is not fit for the purpose for which it was ordered or if it is not suitable for Your purpose.

If once You have downloaded Your chosen content it seems to be defective or malfunction please contact us by emailing support@yomego.com

Acceptable use

You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Yomego will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

Buying

At present all ordering must be done through premium SMS. You will be charged the price indicated for the content as displayed on the Site which is inclusive of VAT at 17.5% You will also be charged the standard cost of the SMS text message by your Network Provider, please check with your Network Provider if You are unsure of the network rates for SMS text messages. You must be 16 years of age or older to order Content through the premium rate telephone. The cost of the SMS will show up on Your telephone network operator's bill if you are a contract customer or deducted from your credit if you are a pre-pay customer. By using the SMS order method You warrant to Us that You have the permission of the bill payer and You authorise Us to charge the account appropriate to the telephone apparatus and number Used to make the order irrespective of whether You choose to download the product from the Site. You will be charged at their normal operator charge for a text message for sending this message. You will also be charged standard GPRS costs for downloading content. You must check with your Network provider if you are unsure of the cost.

All prices are expressed inclusive of VAT payable unless otherwise stated. If there is anything You do not understand, or if You want more information please contact Us by email at support@yomego.com.

Delivery

Once the payment has been made in accordance with the instructions above, we will initiate the download process. You will be sent a text with a download link. Select this link and follow the onscreen instructions of your phone to download the content from our download location. Provided Your mobile device is compatible, Your network operator accepts the Content and is operating an uninterrupted service, we should be able to download to You in a matter of seconds but it may take longer in some cases.

We will try to make sure the Content reaches You, but sometimes this may be affected by factors We cannot control, for example, interruptions to Our services due to faults in networks or third party suppliers and We will not be liable for any delay caused by them.
In addition We will not be liable to You in any way for failures, defects or delays in the delivery of the Content which are caused by one or more of the following reasons:

Refunds and Compatibility

Please check the compatibility section of our site to ensure that your handset is compatible with our services before ordering.

If a Customer cannot receive the selected service, they may contact the Yomego support service by e-mail (e-mail address support@yomego.com). If the support service determines that it is impossible for the Customer to use the service, and if the customer can prove that he/she has respected all the conditions and instructions to receive the service, Yomego will proceed with the refund within one month of receiving the Customer's itemised phone bill showing the cost of the failed download.

Intellectual Property

  1. The intellectual property rights (including copyright and database rights) in the material, information and computer files on the Site ("the Materials") are owned by, or are otherwise licensed to, Yomego . Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions.
  2. You may download, install and execute Materials where expressly indicated. You may not otherwise modify, distribute or reproduce the Materials in any manner and for any other use without the prior written consent of Yomego.
  3. You may not remove any product identification, copyright notices or other notices from the Materials.
  4. Any unauthorised downloading, use, copying, modification or distribution of the Materials may be in breach of statutory or common law rights which could be the subject of legal action.
  5. All rights not expressly granted are reserved by Yomego.

Trade Marks

  1. "DA Group", "DigiMania", "Stereotypes", and "Yomego" are trade marks of DA Group. In addition, certain names, words, titles, phrases, logos, icons, graphics or designs to the pages of the Site may constitute trade names or unregistered trade marks belonging to DA Group. The display of any of these trade names or trade marks on the pages of the Site does not constitute a licence or permission for you to use any of these names or marks.
  2. All other product or company names and devices, logos, icons, graphics or designs referred to on the pages of the Site are the property of their owners and are exhibited only in such a manner as is intended to be of benefit to their owner. Yomego intends no infringement of these property rights.
  3. Any references in the Site to any third party products, services, companies, organisations, home pages or other web sites do not imply any endorsement, support or recommendation of the same by Yomego.
  4. All rights not expressly granted are reserved by Yomego.

Use and Protection of Your Personal Information

Yomego recognises that your privacy is very important to you and we use the latest technologies &best practices to secure all personal information. Yomego aims to preserve your privacy at all times and will not disclose your personal information to, or utilise your personal information with third parties unless we are required to do so by law or we, in good faith, believe that such action is necessary to:

  1. Comply with the law or with legal process
  2. Protect and defend our rights and property
  3. Protect against misuse or unauthorized use of this website
  4. Protect the personal safety or property of our customers or the public (among other things, this means that if you provide false registration information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions)

Use of Your Information

Should you choose to provide us with prior permission, your information will be used to send you free updates as well as Special Offers and other marketing information. If you have submitted Personal Data through the Site and would like that information deleted from all records held by Yomego, please contact the Web Manager at web@yomego.com. Yomego will use reasonable efforts to delete this information from its existing files.

Liability Issues

YOMEGO EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL LIABILITY (OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY) RESULTING FROM ACCESS AND USE OF THE SITE OR THE MATERIALS FROM OUTWITH THE UNITED KINGDOM. Yomego reserves the right, at any time, to change the Materials and the terms and conditions which apply to the use of the Site.

THE SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS AND YOMEGO EXCLUDES (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW) ALL IMPLIED WARRANTIES, IMPLIED REPRESENTATIONS, IMPLIED TERMS AND CONDITIONS. NO RELIANCE SHOULD BE MADE ON ANY OF THE STATEMENTS MADE WITHIN THE SITE (OTHER THAN THESE TERMS AND CONDITIONS) OR THE MATERIALS OR ANY THIRD PARTY SITES AND YOMEGO EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW ALL LIABILITY (OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY) RESULTING FROM ANY SUCH RELIANCE. NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, Yomego EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL LIABILITY (OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY) RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE MATERIALS OR ANY THIRD PARTY SITES.

Computer Viruses

Yomego will use reasonable endeavours to ensure that neither the Site nor the Content contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all Materials downloaded from the Site and regularly check your computer for the presence of viruses and other malicious code. YOMEGO EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL LIABILITY (OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY) IN CONNECTION WITH ANY DAMAGE OR LOSS CAUSED BY COMPUTER VIRUSES OR OTHER MALICIOUS CODE ORIGINATING, OR CONTRACTED, FROM THIS SITE OR ANY THIRD PARTY SITES.

Termination

Yomego have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of Scotland. Any disputes relating to your access to and use of the Site shall be determined by the Scottish courts. You are responsible for compliance with any applicable laws of the country from which you are accessing the Site.

Severability

If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason, such provision shall be ineffective to the extent of the courts finding without affecting the validity and enforceability of any remaining provisions.If you have any questions concerning these terms and conditions please contact the Web Manager at: web@yomego.com.

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