This Web site ("the Site") is operated by 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 "DA Group ". 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
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. DA Group 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.
In using the Site/Services you agree not to:
. use the Services to send junk email, spam, chain letters, pyramid schemes or
any other unsolicited messages, commercial or otherwise;
. post, publish, distribute or disseminate material or information that is
defamatory, infringing, obscene, indecent, threatening, abusive, harassing or
unlawful;
. post, publish, distribute or disseminate material or information that incites
discrimination, hate or violence towards any person or group on account of
their race, religion, disability, nationality or otherwise;
. threaten, abuse, disrupt, stalk or otherwise violate the legal rights
(including rights of privacy and publicity) of others;
. use any information or material in any manner that infringes any copyright,
trademark, patent or other proprietary right of any party;
. make available or upload files that contain a virus, worm, trojan or corrupt
data that may damage the operation of the computer or property of another;
. collect or store personal information about others, including email
addresses;
. advertise or offer to buy or sell goods or services for any commercial
purpose, unless such communication facility specifically allows such messages;
. impersonate any person or entity for the purpose of misleading others;
. violate any applicable laws or regulations;
. use the Website/Services in any manner that could damage, disable, overburden
or impair the Website/Services or interfere with any other party's use and
enjoyment of the Website/Services;
. post, publish, distribute or disseminate material or information that you do
not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information or confidential information disclosed
in the course of employment or under a confidentiality agreement);
. attempt to gain unauthorised access to any of the Services, other accounts,
computer systems or networks connected to the Website/Services through hacking,
password mining or any other means.
DA Group have no obligation to monitor the Services but shall be entitled to
review materials posted to a communications facility and, at our sole
discretion, to remove any material that breaches these Terms and Conditions or
is otherwise objectionable.
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:
- You have provided an incorrect phone number or other incorrect information.
- Your mobile device does not support the Content.
- Your message mail box is full and has no additional memory to receive the
Content.
- Your mobile device is out of range or for some other reason cannot be
contacted.
- You accidentally erase Content provided to You.
- You supply any material or instructions which is incomplete, incorrect,
inaccurate,
illegible or in the wrong form.
Refunds and Compatibility
Please check the compatibility section of our site to ensure that your handset
is compatible with our services before ordering. We recommend that you try one
of our free downloads before making any further purchases.
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, DA Group 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, DA Group . 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 DA Group.
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 DA Group
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. DA Group 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 DA Group.
4: All rights not expressly granted are reserved by DA Group.
Use and Protection of Your Personal Information
DA Group recognises that your privacy is very important to you and we use the
latest technologies & best practices to secure all personal information. DA
Group 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 DA Group, please contact
the Web Manager at web@dagroupplc.com.
DA Group will use reasonable efforts to delete this information from its
existing files.
Liability Issues
DA GROUP 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. DA
Group 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 DA GROUP
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 DA GROUP
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, DA Group 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
DA Group 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. DA GROUP 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
DA Group 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@dagroupplc.com.
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