AppSmsPro.com Terms And Conditions 19th August 2015



1. Acceptance of Terms

AppSmsPro.com provides its service to you, subject to the following Terms of Service ("TOS") and on the basis of your Agreement to the TOS when subscribing to the service within the system known as The Yoyummy System and that is accessed via www.TheYoYummySystem.com, www.yoyummy.co.uk www.yopay.mobi and various other authorised partner mobile application providers and providers of services to The Yoyummy System.

AppSmsPro.com is a Trading Name of Mr Richard H Kendal, c/o Alexanders and Co. St Annes Square Manchester M2 7PW, United Kingdom

2. Description of Service

AppSmsPro.com provides users with access to a collection of resources, including, various communications tools and personalized content through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new AppSmsPro.com properties, shall be subject to the TOS. AppSmsPro.com currently provides users with the ability to forward SMS messages through its system. You understand that for the purposes of the TOS AppSmsPro.com does not send an SMS message, or cause an SMS message to be sent, merely because AppSmsPro.com provides a service that enables SMS messages to be sent. You understand and agree that the Service is provided "AS-IS" and that AppSmsPro.com assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Service through www.TheYoyummySystem.com (The Yoyummy System) and that access may involve third party fees (such as Internet service provider or airtime charges or any fees associated with the provision of TheYoyummySystem provided by third party authorised partner app providers). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. You will be required to acknowledge you have read and understand the TOS by registering your acknowledgment through the AppSmsPro.com subscription set up during the joining process to The Yoyummy System.

In the unlikely event that AppSmsPro.com were to go into administration all Credits purchased will expire after 12 months from the time of purchase. Otherwise all Credits will remain indefinitely on all customers accounts. Payments are non-refundable.

We reserve the right to apply a late payment fee to invoices exceeding the standard 30 day terms.

3. Registration

In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration system within The Yoyummy System (such information being the "Registration Data"). If you provide any information that is untrue, inaccurate, not current or incomplete, or AppSmsPro.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AppSmsPro.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

If you are under the age of eighteen (18), AppSmsPro.com requires you to gain permission to register and use the service from a parent or guardian. Should you be under eighteen (18) and these TOS are wrongfully accepted without a parent or guardians permission, it is taken that the TOS will still apply as would ordinary transactions, freely chose, in ordinary market conditions.

4. User Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not AppSmsPro.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. AppSmsPro.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will AppSmsPro.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.

4.1. What you Cannot use the Service for:

You must not use the Service, attempt to use the Service or allow the Service to be used in any way:

4.1.1. Breach of Law

(a) which results in you or AppSmsPro.com breaching, or being involved in a breach of a law, order or regulation (including a foreign law, order or regulation), a mandatory code of conduct; or a voluntary code of conduct that you have agreed to comply with;

4.1.2. Damage to Property or People

(a) which results, or could result, in damage to property or injury to any person;

(b) to harass, menace or stalk people;

(c) to defame or slander any person, or infringe upon any person's privacy rights;

4.1.3. Protection of Minors

(a) which harms minors in anyway.

(b) which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;

4.1.4. Discrimination

(a) which unlawfully incites discrimination, hate or violence towards one person or group, for example because of their race, religion, gender or nationality;

4.1.5. Obscene, Defamatory, Offensive, Abusive

(a) to send, display or be otherwise involved in material which is harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

(b) which is, or which would be considered by a reasonable person to be, offensive or abusive;

4.1.6. Illegal Business Practices and Gambling

(a) to engage in any misleading or deceptive business or marketing practice;

(b) that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;

(c) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(d) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(e) that intentionally or unintentionally violates any applicable local, state, federal or international law, including, but not limited to, regulations promulgated by the UK Government;

4.1.7. The Rights of Others

(a) which infringes AppSmsPro.com or any other person's rights (including intellectual property rights and moral rights);

(b) "stalk" or otherwise harass any person.

(c) which constitutes a misuse of AppSmsPro.com's or any other person's confidential information; or

(d) which results in a breach by you of any obligation that you owe to any person.

4.2. What you Cannot use the Service to do:

You are not authorised to access AppSmsPro.com's computer systems or networks for any purpose other than to use the Service in accordance with these TOS.

You must not:

4.2.1. Interfering with Services and Systems

(a) interfere with the proper operation of the Service or any other part of AppSmsPro.com's systems;

4.2.2. Commercial Messages

(a) to send, or cause to be sent a commercial electronic message without prior opt-in.

(b) to send, or cause to be sent a commercial electronic message without a clear opt out mechanism.

4.2.4. Virus, Denial of Service Attacks

(a) in connection with any program (including a virus, Trojan horse, worm, cancelbot, time bomb), or activity (including a Denial of Service attack), that is designed to provide or allow any form of unauthorized control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data is AppSmsPro.com's or anyone else's);

4.2.5. Open Relay and Port Probing

(a) to access or use AppSmsPro.com's or anyone else's systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;

4.2.6. Impersonating

(a) to impersonate any person or entity, including, but not limited to, a AppSmsPro.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(b) to create or alter in any way and by any means, the contents of an electronic message for the purpose of making the message appear to come from someone other than you, AppSmsPro.com, or the relevant electronic account-holder; or

5. AppSmsPro.com Conduct

You acknowledge that AppSmsPro.com and its designees:

(a) are not required to, but may, screen and filter Content in order to monitor compliance with the TOS.

(b) shall have the right (but not the obligation) in their sole discretion to refuse any Content that is available via the Service.

(c) without limiting the foregoing, shall have the right to remove any Content that violates the TOS or is otherwise objectionable.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by AppSmsPro.com or submitted to AppSmsPro.com. You acknowledge and agree that AppSmsPro.com 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 AppSmsPro.com, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

6. Content Submitted

6.1. Ownership of Data

AppSmsPro.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant AppSmsPro.com the following world-wide, royalty free and non-exclusive license(s), as applicable: "Publicly accessible" areas of the Service are those areas of the AppSmsPro.com that are intended by AppSmsPro.com to be available to the general public. By way of example, publicly accessible areas of the Service would include the AppSmsPro.com Feedback. However, publicly accessible areas of the Service would not include portions of AppSmsPro.com that are limited to members.

6.2. Stored Data

AppSmsPro.com will never resell, or transmit your stored data to any third party. Your personal details, your uploaded contact information, your captured mobile numbers will all be kept safe on our secure servers housed at Rackspace in Docklands, London. AppSmsPro.com does everything possible to keep your data secure.

7. Indemnity

You agree to indemnify and hold AppSmsPro.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

8. No Resale of Service

You agree not to reproduce, duplicate, copy, sell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

9. General Practices Regarding Use and Storage

You acknowledge that AppSmsPro.com may establish general practices and limits concerning use of the Service, including without limitation the maximum size of any message that may be sent from or received by an account on the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that AppSmsPro.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that AppSmsPro.com reserves the right to log off accounts that are inactive for an extended period of time.

10. Modifications to Service

AppSmsPro.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AppSmsPro.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. This includes assigned mobile telephone numbers and keywords.

11. Termination

You agree that AppSmsPro.com, in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if AppSmsPro.com believes that you have violated or acted inconsistently within the letter or spirit of the TOS. AppSmsPro.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice. Further, you agree that AppSmsPro.com shall not be liable to you or any third-party for any termination of your access to the Service.

12. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because AppSmsPro.com has no control over such sites and resources, you acknowledge and agree that AppSmsPro.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AppSmsPro.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

13. Disclaimer of Warranties

You expressly understand and agree that:

(a) your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. AppSmsPro.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(b) AppSmsPro.com makes no warranty that

(i) the service will meet your requirements,

(ii) the service will be uninterrupted, timely, secure, or error-free,

(iii) the results that may be obtained from the use of the service will be accurate or reliable,

(iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and

(v) any errors in the software will be corrected.

(c) any material obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your mobile telephone or loss of data that results from the download of any such material.

(d) no advice or information, whether oral or written, obtained by you from AppSmsPro.com or through or from the service shall create any warranty not expressly stated in the TOS.

14. Limitation of Liability

You expressly understand and agree that AppSmsPro.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AppSmsPro.com has been advised of the possibility of such damages), resulting from:

(a) the use or the inability to use the service;

(b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;

(c) unauthorized access to or alteration of your transmissions or data;

(d) statements or conduct of any third party on the service; or

(e) any other matter relating to the service.

15. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 14 and 15 may not apply to you.

16. Special Admonition for Services Relating to Financial Matters

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 14 and 15 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. AppSmsPro.com and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

17. Notice to Changes in Services and Terms

Notices to you may be made via either email or SMS text. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

AppSmsPro.com expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the AppSmsPro.com web site without prior notice.

AppSmsPro.com reserves the right to change and amend the prices and rates quoted on its website without any notice.

You undertake to check the AppSmsPro.com website (www.AppSmsPro.com) frequently and to acquaint yourself with the changes and/or amendments in the information supplied on the web site.

You should regularly verify which networks are covered. Changes may occur as to which networks are covered.

18. Trademark Information

AppSmsPro.com logos and product and service names are trademarks of AppSmsPro.com . Without AppSmsPro.com's prior permission, you agree not to display or use in any manner, the AppSmsPro.com Marks.

19. General Information

The TOS constitute the entire agreement between you and AppSmsPro.com and govern your use of the Service, superseding any prior agreements between you and AppSmsPro.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and AppSmsPro.com shall be governed by the laws of the UK without regard to its conflict of law provisions. You and AppSmsPro.com agree to submit to the personal and exclusive jurisdiction of the courts located within the UK. The failure of AppSmsPro.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any regulation or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, whether in whole or in part, the enforceability of the remainder of this Agreement shall not be affected.

Any waiver, concession or extra time AppSmsPro.com may allow You are limited to the specific circumstances in which it was given. It does not affect AppSmsPro.com's rights under this Agreement in any other way.

This Agreement shall constitute the complete and exclusive agreement between You and AppSmsPro.com in relation to the Service. While AppSmsPro.com reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by You unless both You and an authorised representative of AppSmsPro.com execute a separate written agreement.

Any disputes arising as a consequence of this agreement shall be determined in accordance with the English law and the non-exclusive jurisdiction of the English Court.

The ability to receive text messages to Your mobile phone is dependent on individual mobile operator agreements and subscriptions.

20. Violations

If you believe any Materials are placed on or are transmitted via the Service are in violation of the TOS or any party's rights, you may notify AppSmsPro.com by providing the requested information noted in (a) - (d) below. AppSmsPro.com shall only use such information in accordance with its Privacy Policy and as reasonably necessary to investigate any claims in relation to the allegedly infringing Material:

(a) Complainant's full name and, if applicable, name of complainant's business entity;

(b) Complainant's mailing address, daytime telephone number, facsimile number and email address;

(c) Description or identification of the allegedly infringing Material;

(d) Basis for asserting ownership of or exclusive license to Material;

Please email this information to violations@textlocal.com clearly marked "Infringement Notification".

21. AppSmsPro.com Privacy Policy

Any customer information collected about you shall only be disclosed to third parties in accordance with the AppSmsPro.com Privacy Policy. 

Our Privacy Policy


Legal Information

Any personal information provided to AppSmsPro.com is controlled primarily by AppSmsPro.com.

1.1) Personal Data

Personal Data is any data that identifies You or Your account. The Personal Data which You supply to Us You agree will be true, complete and accurate in all respects and You agree to notify Us immediately of any changes to that information within AppSmsPro.com. We will deal with Your Personal Data in compliance with the current UK data protection legislation. Please note this applies only to the AppSmsPro.com Internet not to other companies' or organisations' websites to which We link.

1.2) Personal Data Collection

Personal Data will be collected, processed and used by AppSmsPro.com for the purposes of providing the Internet services to You and the other purposes mentioned below.

1.3) Email & SMS Communication

We only send email and text messages to You about new products and services which We consider may be of interest to You only if You have given Us permission to do so.

1.4) Usage Data

We may collect Personal Data about Your usage of the services on www.AppSmsPro.com in order to provide a service to meet Your needs. However the data will only be disclosed on an anonymous and aggregated basis not in a way in which You will be identified.

1.5) Personal Data Use

We may hold Personal Data relating to the transactions You enter into with Us. We will disclose Personal Data to a party to the transaction, but only to assist your transaction. We may use Personal Data to let You know about products and services that may be of particular interest to You.

1.6) Personal Data Use - credit card details

Card details are entered via encrypted connection into WorldPay.com web interface. We do not store any card details at AppSmsPro.com. Please see WorldPay.Com security policy (www.worldpay.com) and YoPay.mobi in relation to tokenization for repeat purchases.

1.7) Data Handling

If You have any questions about the handling or protection of Your Personal Data or Your rights under this Online Agreement please contact privacy@AppSmsPro.com

1.8) Data Disclosure to Legal Bodies

AppSmsPro.com may disclose Your Personal Data acting in good faith if it believes such action is necessary: to conform with a legal requirement or comply with the legal process, protect and defend the rights or property of AppSmsPro.com, enforce this Online Agreement, act to protect the interests of its online account holders or others.

1.9) Cookies

1.9.1) What is a Cookie?

Some websites store information in a small text file called a "cookie," on Your hard disk. Cookies contain information about You and Your preferences. For example, it might contain a record of which pages within the site You visited, to help the site customise the view for You the next time You visit.

1.9.2) How we use Cookies

Only the information that You provide, or the choices You make while visiting a website, can be stored in a cookie. For example, the site cannot determine Your email name unless You choose to type it. Allowing a website to create a cookie does not give that or any other site access to the rest of Your computer, and only the site that created the cookie can read it.

1.9.3) How we use Cookies - Control

AppSmsPro.com will only use the cookies created to personalise and secure Your experience. What this means is that when You use the site AppSmsPro.com will be able to keep certain settings for you for when You return. It also means that You do not need to pass security details on every screen as We store them for You during the time You spend browsing our site, these cookies are deleted when You leave.

1.10) Your Client Data

1.10.1) Ownership of Data

AppSmsPro.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant AppSmsPro.com the following world-wide, royalty free and non-exclusive license(s), as applicable: "Publicly accessible" areas of the Service are those areas of the AppSmsPro.com that are intended by AppSmsPro.com to be available to the general public. By way of example, publicly accessible areas of the Service would include the AppSmsPro.com Feedback. However, publicly accessible areas of the Service would not include portions of AppSmsPro.com that are limited to members.

1.10.2) Data Policy

AppSmsPro.com will never resell your stored data. Your personal details, your uploaded contact information, your captured mobile numbers will all be kept safe on our secure servers housed at Rackspace in Docklands, London. If we were to resell your data we would damage our hard earned reputation and lose all our customers. We do everything possible to keep your data safe and secure.

It is Your responsibility to read and accept the Terms and Conditions which are associated with this Privacy Policy.

Notices

General notices regarding the Service are posted on AppSmsPro.com or partner websites such as The Yoyummy System or Your mobile operator's web or WAP site if they are offering the AppSmsPro.com Services (as applicable).

Inquiries from You may be sent to through the Support area of the Web site.

Events outside of AppSmsPro.com control

We shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of AppSmsPro.com such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile telephone network or caused by atmospheric interference, Your mobile being turned off for an extended period of time so that messages are not retained, or Your being unable to obtain mobile network coverage.