Yakedi.com Terms of Service

 

1. Definitions

Yakedi.com - (the “Web Site”)

Yakedi - Click Republic Pty. Ltd.

2. Intellectual Property

2.1 You acknowledge and accept that Yakedi, and Yakedi.com are trademarks of Click Republic Pty. Ltd. and that the contents of the WebSite contain proprietary code and other content that is protected by law.

2.2 You may not reproduce, republish, upload, post, transmit, or distribute in any way any material from this Web Site without the prior written permission of Yakedi. Graphics, images, code and scripts on this Web Site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their relevant owners. Modification of any of the materials or use of the materials for any other purpose will be a violation of Yakedi's copyright and other intellectual property rights and the copyright and intellectual property rights of the respective owners.

2.3 Downloading of any software, code or images from the Web Site, including any files, images incorporated in or generated by the Web Site, and data accompanying the Web Site (collectively the “Web Source”) is strictly prohibited, Yakedi retains full and complete title to its “Web Source”, and all intellectual property rights therein. You may not save, redistribute, sell, decompile, reverse-engineer, disassemble or otherwise deal with the “Web Source” other than viewing it in your web browser.

3. Disclaimer

3.1 The Web Site has been compiled in good faith, but no representation is made or warranty given (either express or implied) as to the completeness, accuracy or reliability of the information or services it contains or provides. You must not act upon any information provided on the Web Site for any action outside of the use of the Web Site, and it must not be relied upon in connection with any investment decision.

3.2 The materials in this Web Site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible and subject and pursuant to applicable law, Yakedi disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. Yakedi does not warrant that the functions contained on Yakedi.com will be uninterrupted or error-free, that defects will be corrected, or that this Web Site or servers that make it available are free of any virus or other harmful elements. Yakedi does not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the materials in this Web Site or the results of their use.

3.3 Yakedi does not endorse, support, sanction, verify, or agree with the comments, views, opinions, or statements made by its members via the Yakedi free SMS service.

4. Limitation of Liability

4.1 Subject to applicable law, under no circumstances, including negligence, will Yakedi be liable for any special or consequential damages that result from the use of, or the inability to use the materials and/or services in the Web Site; unauthorized access to, transmission of, inability to access, or alteration of your data and/or Yakedi member account; failure, delay, accidental redirection, corruption or loss of messages sent by you via the Yakedi SMS service; even if Yakedi or a Yakedi-authorised representative has been advised of the possibility of such damages. Yakedi is not liable nor responsible for any material provided by third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials. The total liability (if any) of Yakedi for all damages, losses, costs and expenses under whatever causes of action, whether in contract, tort or otherwise will not exceed any amount paid by you directly to Yakedi for accessing or using the Web Site.

4.2 Any Yakedi publication may include technical inaccuracies or typographical errors or omissions. Changes, additions or subtractions may be made to these publications from time to time and incorporated in new editions of these publications. At any time without notice, these publications are subject to changes in service by Yakedi and the user warrants that they will check any and all Yakedi publications and terms regularly and agree to such terms unless they have issued a formal account termination request.

4.3 The information contained in this website is for informational and entertainment purposes only and is provided to you on an as is basis. Yakedi do not guarantee the accuracy, timeliness, reliability, authenticity of completeness of any of the information contained on or services provided by this website. Yakedi is not liable for any information or services that may appear on any linked websites.

5. Modifications

Yakedi may change any part of the Web Site and Terms and Conditions at any time at its sole discretion without notice. Should the user not accept these policies they must immediately terminate their Yakedi account. Yakedi may deny access to this Web Site to anyone at anytime.

6. Suggestions, Comments and Feedback

6.1 If you respond to an Yakedi published document with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such Yakedi document, such information will be deemed to be non-confidential and Yakedi will have no obligation whatsoever with respect to such information and may reproduce, use, disclose and distribute the information to others without limitation.

6.2 Any communications you send to this Web Site or otherwise to Yakedi by electronic mail are on a non-confidential basis, and Yakedi may reproduce, publish or otherwise use them in any way for any purpose. Yakedi may use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed herein, for any purpose, including the developing, manufacturing and/or marketing of goods and/or services. Further, Yakedi may use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including developing and marketing services incorporating such information.

7. Links to Other Sites

7.1 This Web Site contains links to other web sites that are not maintained by Yakedi. Similarly, other web sites may contain links to this Web Site. Yakedi is not responsible for the contents of those web sites and will not be liable for any loss, damages or injury arising from the contents of those web sites. Any links to other web sites are provided as a convenience to you as a user of this Web Site, and does not imply the endorsement of Yakedi of the linked web sites or association with their operators. Yakedi disclaims all responsibility and liability for the use of linked web sites, which you access and use at your own risk.

7.2 Any third party that wishes to establish links to this Web Site should notify Yakedi of their intention prior to doing so. Yakedi may deny permission for any such links to this Web Site. If however Yakedi gives its permission for any such links, Yakedi is not under any obligation to establish reciprocal links with the third party.

8. Email & SMS

8.1 You hereby agree to receive email that Yakedi may send its members as follows; in response to a direct request from the user, to inform the user of changes to any Yakedi Policies, to inform the user of any changes or additions to the Yakedi website or Yakedi services offered, reminders about Yakedi services and promotions, Yakedi newsletters, and/or third party promotions.

8.1 You may elect to receive SMS messages that Yakedi may send its members as follows; in response to a direct request from the user, to inform the user of changes to any Yakedi Policies, to inform the user of any changes or additions to the Yakedi website or Yakedi services offered, reminders about Yakedi services and promotions, Yakedi newsletters, and/or third party promotions.

9. Acceptance of Terms

9.1 Registration, Membership and of the Web Site is conditional upon acceptance and compliance of the terms and conditions detailed in this document and, and the Yakedi Privacy Policy (which can be viewed at http://www.yakedi.com/policies/privacy) and any other terms, notifications, disclaimers or notices found within the Web Site. Submission of a membership application, and/or subsequent or previous use of the website indicates your express agreement to be bound by both this document and the Yakedi Privacy Policy.

9.2 If you do not agree to these terms, you must terminate your account immediately by contacting customer support via the help page with an official termination request from the email address you registered with Yakedi.com and include your mobile phone number, full name and password. Following termination you accept that Yakedi will keep your account details but they will not be used for any purpose other than as a legal record.

9.3 Yakedi reserves the right to add, remove or modify the Web Site, and these terms and conditions at any time without notice. You hereby agree to check this page and the privacy page for any updates to the terms of service and privacy policies.

10. BONUS SMS

10.1 Members may be awarded “Bonus SMS” by Yakedi as prescribed on Yakedi.com in reward for actions taken by the user in direct response to third party promotions, emails, surveys, or other user activity where it is expressly stated that Bonus SMS will be awarded for such activity or actions only.

10.2 Bonus SMS may be used by the user at any time in addendum to their daily free message allocation.

10.3 Yakedi reserves the right to remove and or deduct from a users’ Bonus SMS as it sees fit in individual cases.

10.4 Bonus SMS awarded to users have no value and are not transferable, sellable or considerable as an asset or possession, and can not be redeemed for cash or sold in any way.

11. Conditions of Membership

11.1 You agree to be bound by these terms of service, and accept the Yakedi Privacy Policy and additional notices provided on the Web Site, and that you will regularly check these terms and policies for any updates.

11.2 You agree to receive emails from Yakedi and may agree to receive SMS from Yakedi as prescribed in Section 8 above.

11.3 You hereby represent and warrant that:
--All information you provide Yakedi is correct, true and complete.
--You will not use the Web Site to send unsolicited or solicited commercial messages of any form.
--You will keep your account details and password private, and will notify Yakedi immediately if you suspect a breach of your privacy.
--You will not use any automated system, script or bot to access, or interact with the Yakedi Web Site or its servers in any way
--You will not use the Web Site or any of the services contained therein in any way that could be viewed or deemed by Yakedi as immoral, illegal, or unethical, including accessing another persons account, setting up accounts with the purpose of misleading recipients of SMS sent from that account in any way, or by promoting, sending, or forwarding messages that encourage or contain illegal, offensive or unethical information and/or acts.
--You agree that Yakedi will not be responsible for any fees, taxes, or loss of any benefit connected with accessing the Web Site, your internet connection, and/or the receipt of prizes and bonus SMS from Yakedi.
--You agree that Bonus SMS have no monetary value, and do not represent a legal obligation by Yakedi to fulfill delivery of such SMS services.
--You understand and agree that in addition to these Terms of Service, any competitions run on the Web Site will be governed by their own terms and conditions.
--You agree and warrant that you will not use software that attempts to block advertising that appears on the Web Site, or software that attempts to block pop-up windows when using the Web Site.

12. Third Parties

12.1 You understand and agree that you will view and may interact with paid and/or unpaid advertisements and/or promotions of third parties unrelated to Yakedi on the Web Site or via email or SMS communications and that any reference to any third parties made on the Web Site or via email or SMS does not constitute an endorsement by Yakedi of their products and services. You agree and you are solely responsible for, and warrant that Yakedi will not be held responsible or liable in any way for, matters in connection with or arising out of your or your computers’ interaction with any third parties advertisements or promotions you view or find via Yakedi or advertising presented by Yakedi on behalf of any third parties, including the delivery of or payment for any goods and services, contracts and or agreements and or terms and or conditions and or costs associated with any third party.

12.2 Yakedi does not unless expressly stated review, condone or endorse the content of advertisements on the Web Site, email or SMS communications, or the content of websites, products and or services offered by web sites or companies listed, promoted, or advertised on the Web Site or via email or SMS communications.

13. Privacy

Information collected by the Web Site is used and collected in accordance with Yakedi’s Privacy policy which can be viewed at http://www.yakedi.com/policies/privacy

14. Retention of Information

Yakedi may at its discretion retain all user information during and following useage of the site and/or account termination including account details, messages sent, user history, browsing details, survey and questionaire respoonses.

15. Indemnification

You hereby indemnify Yakedi & Click Republic Pty. Ltd., its affiliates, subsidiaries and/or related parties, employees and consultants, as harmless from any actions, demands, liabilities, costs, claims, fees, fines or legal suits arising out of or in connection with; your use of the Yakedi.com Web Site; your reliance on information or services provided by Yakedi; your inability to use the Web Site for any reason; your actions taken with any third parties which are promoted on the Yakedi website or via email or SMS communications from Yakedi.

16. Termination

15.1 You may terminate your Yakedi membership at any time by contacting customer support with an official termination request from the email address you registered with Yakedi.com, including your mobile phone number, full name and password. Following termination you accept that Yakedi will keep your account details but they will not be used for any purpose other than as a legal record and to prevent future signup.

15.2 Yakedi reserves the right to terminate your account without notice as a result of a breech of the terms in this document, or for any other reason it sees fit including; Suspected malicious use of or interaction with the Web Site and/or its services or prolonged inactivity of your account if you have not logged in.

15.3 If you choose to terminate your account, or if Yakedi terminates your account, you understand that you will be unable to create a new account using the same email, or mobile phone number in the future.

17. Applicable Law

These terms and conditions, your use of the Web Site and or your interaction with Yakedi are governed by, the laws in force in Australia and whos jurisdiction covers Yakedi and its operations. All parties agree to be bound by the non-exclusive jurisdiction of the courts of Australia that relate to Yakedi Inc and that in the event that any parts of this agreement are deemed be invalid by a court, that the remaining parts shall remain in full force and effect.