These Terms and Conditions of Use apply to the activities of YWORLD PTY LTD (ACN 124 143 611) ("we", "us" or "our") in relation to your use of yWorld.
1. yWorld Terms and Conditions of Use
2. Your use of yWorld
You agree that you must use yWorld in accordance with these Terms and Conditions of Use and that you will not use yWorld for any unlawful purpose or to facilitate any such unlawful purpose.
You must not violate, attempt to violate or degrade yWorlds' security systems. You must not "hack" yWorld. "Hack" means gaining unauthorised access to yWorld (including using another member's username and password), causing malicious damage or interference with yWorlds' operations and includes: mail bombing; propagating viruses, worms or other types of malicious code; deliberate attempts to overload a computer system; broadcast attacks or any other method designed to damage, degrade or interfere with the operation of a computer system or website. You agree that you will only use yWorld in a responsible manner and in accordance with all applicable laws, including in a manner that does not restrict others from enjoying yWorld. You will not post on yWorld or email any material in breach of any law, any obscene, explicit, pornographic, inflammatory material, or any material that could otherwise give rise to criminal or civil proceedings. yWorld reserves the right, at its complete discretion, to remove any such content and other content which it considers may bring yWorld into disrepute.
3. Content and services available on yWorld
yWorld reserves the right to add, modify or discontinue any of the services offered by yWorld at any time without notice. yWorld will not be held liable for any decision to modify or discontinue a service. yWorld contains materials produced by third parties and links to other websites. Such materials and websites are provided by third parties and are not under yWorlds' direct control, and yWorld accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to yWorld). In particular, yWorld cannot ensure that all of the content provided on yWorld or through yWorld will be current, complete and accurate and yWorld is not liable to you to the extent that the content on yWorld is not current, is incorrect or incomplete.
3.1 Stopping mobile content - opting out
All accounts on yWorld have a tag name, therefore to stop receiveing SMS mobile content from any account simply text stop jillyshoes or stop johnscafe to 0427 800 800 or if you are following a tag then simply text leave jillyshoes to 0427 800 800 This will stop all mobile content from this account regardless if you are a yWorld member or not. If you are a memeber you can manage your relationship with the account and tick no to receiving mobile messages. In the case of Android and iPhone Apps, then just deleat the Application.
4. Accounts, Plans & Packs
yWorld provides accounts to subscribers based on their needs and usage of the tools provided. These accounts are chargeable upon creation; and the account holder, whatever entity is responsible for the content, management and payment of this account. Accounts that require websites also incur an upfront contracting fee. yWorld is more than happy at any time to provide quotations for the provision of websites, which will also require prompt upfront payments. Accounts using the Messages and Tagging feature of yWorld are provided with with 100 free tags per month. See section 5 for outbound charges if applicable.
By creating an account with yWorld, you consent to yWorld communicating with you by using one or more of your contact details regarding your subscription, yWorld product and service offerings, enterprise product and service offerings you have expressed an interest in and product and service offerings that we think you may have an interest in.
4.1 Business Message Packs
500sms - $100
1000sms - $180
2000sms - $320
For any messaging a message pack must be purchased and the standard packs are as follows; $210 Pack - Includes 500 messages $400 Pack - Includes 1,000 messages $700 Pack - Includes 2,000 messages
* A message credit on a plan constitutes both mobile messages and emails sent from the account using yWorld, this includes reminders, tags and standard messages.
** A plan is refundable requiring a detailed reason sent to email@example.com along with the plan details. All refunds are subject to yWorlds' judgement and are final.
4.2 Personal Message Packs
For personal accounts there as three types of packs to choose from; $30 Pack - Includes 50 message $60 Pack - Includes 100 message $120 Pack - Includes 200 message * A message credit on a pack constitutes only mobile messages sent from the account using yWorld, this includes reminders, tags and standard reminders, tags and standard messages. ** The fee is non-refundable. All unused messages expire twelve months after the date of purchase. Offer excludes charges that may be made by the recipients' mobile carrier for sending or receiving messages, subject to the mobile carriers' terms and conditions.
By signing-up to yWorld, you are making an offer to purchase a plan at yWorlds' then current plan rates. Payment must be made at the time of submitting a plan application. Payment can only be made by credit card. All plan applications submitted to yWorld are subject to confirmation and acceptance by yWorld. Acceptance will be communicated to you at one or more of your contact details. yWorld may reject your plan application at its complete discretion and refund any payment made by you at any time prior to your receipt of this acceptance by yWorld. Payment must be made in Australian dollars. yWorld may vary prices in the event of price changes or mistakes on reasonable prior notice to you. If yWorld requests payment for increased prices, you may cancel the order by giving notice to yWorld, which must be received within seven days of the announcement of the increase.
6. Future changes
From time to time, these Terms and Conditions of Use will be reviewed and may be revised. yWorld reserves the right to change these Terms and Conditions of Use at any time. Any such changes will be posted on yWorld. Your continued use of yWorld will constitute your acceptance of the variation of these Terms and Conditions of Use.
7. Website/Smart Phone App Availability
yWorld neither warrants nor represents that yWorld will be continuously available and you acknowledge that yWorld may experience down-time, either scheduled or unscheduled, from time to time. yWorld will endeavour to take reasonable steps to ensure that yWorlds' downtime is limited to a reasonable period of time. yWorld will not be held liable for any loss or damage suffered by you arising (whether directly or indirectly) from yWorlds' down-time.
8. Intellectual Property
9. Limitation of Liability
To the extent permitted by law, yWorld excludes all liability for loss or damage suffered by you, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings or benefits or business opportunities) that you may suffer as a result of:
• your use or reliance on any information on yWorld or provided through yWorld;
• you accessing or using yWorld;
• your loss of data and information posted to, or hosted by, yWorld;
• the interrupted, degraded or reduced performance of yWorld for whatever reason; or
• any interruption, suspension or termination of yWorld for whatever reason.
yWorlds' exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if yWorld has been notified of the possibility of such loss or damage. You agree that yWorlds' liability to you at law (if any) will be reduced by the extent, if any, to which you contributed to the loss. You acknowledge that you are obliged to take all reasonable steps to mitigate such loss.
10. Force Majeure
yWorld will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, power outage, telecommunications service failure, computer network failure, computer system failure or any other cause which is beyond yWorlds' reasonable control.
yWorld reserves the right to cease providing access to, and the services of, yWorld at any time at its complete discretion. yWorld shall not be liable to you for any cost, expense, or damages whatsoever for terminating these Terms and Conditions of Use.
12. Governing law
These Terms and Conditions of Use will be governed by and construed in accordance with the laws of the state of Victoria, Australia.