TERMS & CONDITIONS
This Legal Notice regulates the access and/or use by you as a User1 of the telco and communication services offered by YOVERSE INC (hereinafter YOVERSE) and the use of its Website and/or Mobile App.
The access and use of YOVERSE Website and/or the Mobile App and/ or the purchasing of any of YOVERSE services, entails your express acceptance of these Terms and Conditions declaring that you are of legal age, that you have the legal capacity to enter into a contract and to accept and comply with the obligations contained in these Terms and Conditions in accordance with its respective Privacy Notice, which details how YOVERSE collects and uses your personal information to determine some of the ads you see and to provide you with the other services described below.
1. SERVICES PROVIDED
YOVERSE’s goal is to create communities and make the world a more connected place with better communication and data access, and to that end, we provide Users with the services included and offered on the Website and/or Mobile App officially.
1.2 Telephone and Data Services
Telephone and Data services that are offered within the Website and/or the Mobile App may be provided by a third party (the Provider).
You will be able to choose and purchase the data package that best suits you among the different package options offered by YOVERSE, which may consist of different amounts, number of GB and to be used in different regions.
Once you have selected the subscription, package, and region where you want to use your data, you will receive a QR code. You must follow the instructions set forth therein in order to have the Telephone and Data Services in the country or region you selected. In case of not following the instructions correctly, YOVERSE will not have any responsibility for the purchase.
When you choose to acquire any of the Telephone and Data Services from the Website and/or the App, those services or products are subject to the fees and terms of the third party.
You are obliged to pay the costs that are established for the Telephone and Data Services and to cancel it in case the services are hired by a recurring fee from time to time that is charged to a credit card, and there are not required. If you do not cancel the said subscription, the charges will continue to be made, whether you use the purchased Services or not.
The data packages will have the term and/or GB amount established at the time of purchase depending on your interests, and once the contracted time has elapsed or the GB have been exhausted you will have to purchase another package to continue with the Services.
In case you purchased a package by a recurring fee from time to time, the subscription will be automatically renewed for equal periods, unless you cancel the subscription or change your subscription plan.
By purchasing the Telephone and Data Services within the Website and/or the Mobile App, as well as by clicking on the “accept” button, inserting payment details or contracting any telephone package offered by YOVERSE through the Provider, you entail the express acceptance to these Terms and Conditions and specifically to the present section, as well as to the Provider’s terms and conditions, which can be found at https://www.truphone.com/legal/truphone-connectivity-reseller-partner-terms-and-conditions/.
1.3 Events, Promotions, and other services
Unless otherwise stated, applications submitted by you, if any, to participate in any event that on the YOVERSE Website and/or Mobile App (including the selection of any winner of an event) will not be considered part of the services YOVERSE offers and will instead be governed by the terms of that event.
Any raffles, contests, surveys, games, or similar promotions (collectively, “Promotions”) available through any of YOVERSE’s Services shall be governed by rules that are independent of these Terms and Conditions and applicable law. If you participate in any Promotion, it will be your responsibility to carefully review the specific rules of the Promotion. In the event that the rules of a Promotion conflict with these Terms and Conditions, the rules of the promotion in question shall prevail.
1.4 Changes on the services
YOVERSE reserves the right to modify the products, Promotions, content and services offered through its Website and/or Mobile App, or temporarily or permanently suspend such services, being sufficient to update them, without prior notice. It will be the obligation of each User to be aware of the services, promotions and data packages that YOVERSE may offer according to their interests.
1.5 Commitment
YOVERSE makes these services available to you and others in order to fulfill our purpose. In return, you must commit to the following:
- (i) that you are 18 years old or older, or
- (ii) 13 years old or older, with legal guardian/parental consent or an emancipated minor; and that you have the capacity to enter into this agreement and use this Website and/or Mobile App in accordance with all the terms and conditions contained herein.
2. PAYMENTS AND CHARGES
By purchasing or using any service, including the Telephone and Data package offered in YOVERSE Website and/or Mobile App, you agree to be bound by the terms and conditions imposed by the purchase, including but not limited to, payment of all amounts due in compliance with any rules and restrictions applicable to the availability of rates, products or services, and taxes, depending on the region you selected.
2.1 Financial obligations
You will be fully responsible for all charges, fees, duties, taxes, and assessments resulting from the purchase of the service and/or data package¸ and for recurring charges until the subscription is cancelled or changed.
You accept full and complete responsibility for all charges, whether one-time or recurring fees, until the service is canceled or if you change the subscription or region.
Once a package is purchased, there will be no refunds or partial refunds.
You assume financial responsibility for the use of this Website and/or Mobile App (as well as the use of its data plan by third parties, including, but not limited to, minors living with you). You agree to monitor the use of this Website and/or Mobile App by minors using the purchased data plan. You also warrant that all information provided by you, its family members, and/or people authorized by you when using this Website and/or Mobile App is true and correct, without limitation, and without false or fraudulent actions or purchases.
2.2 Prices
YOVERSE reserves the right to make changes in prices, make promotions for your benefit or any other action it deems necessary. Promotions, discounts or offers are not retroactive and will apply only at the time of the corresponding purchase at the times established in the same promotion.
3. USERS
YOVERSE expressly reserves the right to accept or reject any purchase request from any potential User, as well as to suspend its services of any User who fails to comply with this Legal Notice or its internal policies.
YOVERSE may suspend its services to any User, without any liability, in the event that such User has committed illegal activities under local law.
YOVERSE does not knowingly collect personally identifiable information from Users under 13 years old. In the event that YOVERSE notices that it has collected any personal information from a User under 13 years, the information will be identified and deleted from the database, nevertheless YOVERSE shall not be liable for false statements on Users age.
4. REGISTRATION AND PERSONAL DATA
4.1 Account
In order to purchase a data or GB package you will have to register and create an account through YOVERSE’s Website and/or Mobile App to, expressly accepting YOVERSE’s Privacy Notice as stated below, for which you must provide personal data such as full name, gender, date of birth, current address, email address and cell phone number; and access credentials consisting of username and password to access to your account.
You agree to use a secure and unique password to access YOVERSE’s account to the Website and/or Mobile App and/or to use YOVERSE services and/or renew your data package.
The reusing passwords may result in others being able to access to your account. You are responsible for any use or misuse of your Account or password. It is your obligation to immediately notify YOVERSE of any breach of confidentiality or unauthorized use of your information, login, or services account.
You agree to observe the following requirements and obligations during registration, as well as during the use of YOVERSE’s services, Website and/or Mobile App:
- (i) Provide accurate and complete personal data at all times;
- (ii) Keep the Account information updated;
- (iii) Be responsible for the safekeeping and conservation of your access credentials;
- (iv) Not allow the use of the Website and/or Mobile App to minors or other third parties; as well as
- (v) Comply with applicable laws and regulations.
You agree to confirm the truthfulness and accuracy of the information provided, considering null and void any contract in which you have provided false information. If you have created an Account with false information, you will be responsible for the consequences of such act.
4.2 Account access
Each User will be able to access its Account simultaneously on different devices.
There is no limit of Devices to access to an Account, however, the media and the purchased data can only be used on one device at a time. Therefore, in case of being connected in more than one Device, you will be notified, and in case of accepting such message, it will be transferred to the media of the device currently being used.
4.3 Privacy Notice
YOVERSE will maintain, protect, and use your information in accordance with the Privacy Notice found on its Website and/or Mobile App.
YOVERSE undertakes to maintain the confidentiality of the information it receives from you in accordance with the applicable legal provisions. YOVERSE, may retain, use, share and access any information it collects about you if it believes in good faith that the law requires or permits it to do so. For more information, please see our Privacy Policy.
YOVERSE shall be the owner of all data related to the Website and/or Mobile App, the data submitted may not be obtained or traded by you.
5. NOTIFICATIONS
By accepting these Terms and Conditions, you authorize YOVERSE to send notifications that may be cancelled at any time. Such notifications are issued merely for the purpose of communication and information about the products or services contracted through YOVERSE’s Website and/or Mobile App or for your entertainment.
All notifications issued by YOVERSE, may be through YOVERSE’s Website and/or Mobile App, push notifications or by SMS to the phone number that you entered in your Account, including, without limitation, notifications about the remaining data available.
6. CANCELLATIONS
If you selected a recurring fee package and fail to meet your payment obligations on the due date, YOVERSE will automatically cancel the hired services. Your service will not resume until you pay the outstanding amount in full. In case of non-payment, YOVERSE’s services will be completely suspended.
You will not be able to cancel or change your subscription until the term of the subscription has expired. The cancellation or change will be activated after the end of the hired period, depending on the subscription plan or package.
You can cancel your subscription by email, you will receive an email as confirmation of the effective cancellation, in case of not receiving such email, you may indicate that the cancellation was not effectively done, and the charge may continue to be made. After the cancellation you will not receive any more services from YOVERSE or the Provider.
7. CONNECTION RULES AND CONTENT
To use the Website and/or Mobile App, you must always have to be connected to high-speed internet, (for which YOVERSE offers YOVERSE’s Telephone and Data Services) and have a device that is compatible with YOVERSE’s Services, otherwise data plans information, programs, content and other services will not load properly; the quality of content may vary depending on the device, configuration and network quality.
Also, if your device is disconnected from the Internet, you will not be able to use all features related to the Website and/or Mobile App, and will not be able to purchase a data package for such reason, nor be able to have access to the different data plans offered in the Website and/or Mobile App.
YOVERSE assumes no responsibility for malfunctions caused by misuse or mishandling of the Website and/or Mobile App. Certain features, content or Services may not be available or may be different depending on time, region, geographic location, device, and account settings.
7.1 Content
You acknowledge that YOVERSE does not control or pre-censor the content available on the Website and/or Mobile App. For this reason, YOVERSE assumes no responsibility for the content provided by independent provider or not independent of YOVERSE.
All opinions, advice, statements, services, offers, or other information or content expressed or made available to the public by third parties are those of their respective authors, YOVERSE assumes no responsibility, therefore. Furthermore, YOVERSE does not warrant the accuracy, truthfulness, completeness and/or usefulness of any content provided by such third parties. YOVERSE reserves the right to remove or modify the content of any page that, in the opinion of YOVERSE, does not comply with applicable standards or that may be contrary to the legal system, and shall not be liable for any failure or delay in removing such material.
Any link, add or button to any content doesn’t necessarily mean that there’s a link to direct to such content or that the content is updated.
7.2 Pacific use
In order to promote a pacific use of the Webpage and/or Mobile App, YOVERSE reserves the right to block access, to remove partially or completely any information, communication or material that in its sole discretion may be:
- (i) abusive, defamatory or obscene;
- (ii) fraudulent, fabricated or misleading;
- (iii) in violation of copyrights, trademarks, confidentiality, trade secrets or any intellectual property rights of a third party;
- (iv) offensive; or
- (v) that in any way violates the provisions of these Terms and Conditions.
You acknowledge that the activities carried on the Website and/or Mobile App, such as the purchase of a data plan, or any interaction with third parties, are the sole responsibility of you and the supplier with whom the activity is carried out.
You may be able to comment in the videos and other content within the Website and/or Mobile App, being the responsibility of each of the Users the comments and interactions they handle.
8. COPYRIGHT
If any User believes that any text, graphics, photos, audio, video or other materials uploaded, downloaded or otherwise appearing on YOVERSE’s platforms have been copied in a way that constitutes copyright infringement, you may send a notice to YOVERSE legal department, providing the following information in writing: identification of the copyrighted work claimed to have been infringed; identification of the allegedly infringing material sought to be removed, including a description of where it is located on YOVERSE’s Platforms; information for our copyright agent to contact you, such as an address, telephone number, and email address; a statement that you have good faith that the identified allegedly infringing use is not authorized by the copyright owners, their agent, or the law; a statement that the above information is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner; and a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement should be sent by mail to YOVERSE at the address set forth in this Legal Notice; or by e-mail to privacidad@yomobile.com.
9. PUBLICITY MATERIAL
You acknowledge and agree that YOVERSE, may have sponsors and advertisers whose information, images, advertisements, and other materials (hereinafter referred to as “Advertising Material”) may be posted on the Website. You acknowledge and agree that the Advertising Material are not part of the content published on the Website and/or Mobile App. You also acknowledge and agree that this Advertising Material is protected by applicable property laws.
YOVERSE confirms its will to carry out the best commercial practices; however, the information, images, advertisements and/or any other material published by suppliers on the Mobile App and/or Website, shall be the sole responsibility of such suppliers and, in the event of any disagreement by you regarding such content, you should address it exclusively to the supplier in question.
10. GENERAL INFORMATION ABOUT YOVERSE, THE WEBSITE AND/OR THE MOBILE APP
YOVERSE and its affiliates, subsidiaries, and other related entities, and each of their officers, directors, agents, and employees shall not be held liable for the following: breakdowns, failures, delays or difficulties in telephones, electrical and electronic devices, computers or computer components or computer programs, or any other devices used to access and/or to use the YOVERSE Website and/or the YOVERSE Mobile App.
Nor shall they be held responsible or liable for mail, e-mail, form submissions, connections, messages, or data captures that have been delayed, lost, stolen, or any of the foregoing, if found illegible, incomplete, garbled, misdirected, mutilated or with insufficient postage, or for the security of any of the aforementioned.
YOVERSE and its affiliates, subsidiaries, and other related entities, and each of their officers, directors, agents, and employees shall not be held liable for erroneous or inaccurate capture of information, whether caused by Internet Users in general, or by any element of the equipment or programming associated with or used on the Site or by any technical or human error that may occur during the processing of information related to the YOVERSE Website and/or the YOVERSE Mobile App.
All trademarks, logos, designs and any other model or design, are exclusively owned by YOVERSE, so it is expressly forbidden to occupy, exploit, reproduce or make use of any data, logo, content, information, or analogues of YOVERSE without its consent. YOVERSE is not responsible for the misuse that third parties may give to their intellectual property without your consent.
If for any reason any section or part of the YOVERSE Website and/or Mobile App does not function as intended, including in the event of infection by computer virus, bugs, unauthorized intervention, fraud, technical failures or any other cause beyond YOVERSE’s reasonable control, which corrupts or affects the administration, security, fairness, integrity or proper conduct of this site, YOVERSE reserves the right (but not the obligation) in its sole discretion to prohibit any individual (including the individual’s information) from using the Website and/or Mobile App and may also cancel, terminate, modify or suspend the site or any section of the Website and/or Mobile App and void such information.
YOVERSE and its affiliates, subsidiaries and other related entities including each of their officers, directors, agents, and employees shall not be responsible or liable in any way for any damage, loss, or harm your Data Capturing Device, nor for the interception or use of credit card information that is related to or results from the use of the Website, or any websites, services or materials linked to or related to the YOVERSE Service. Nor shall YOVERSE be responsible or liable in any way for any damages, losses or claims related to or resulting from this Website, whether operating on computers or networks used by you, capturing information or communicating with such computers or networks.
11. THIRD PARTIES
The Services may contain links to third parties’ content and integrations with third parties outside of YOVERSE, such as vendors, advertisers, game developers, social networking sites and/or any other external parties to the Website and/or Mobile App. Therefore, YOVERSE does not have and accepts no responsibility or liability for any loss or damage that may arise from any activity and/or use of non-YOVERSE third parties’ content and integrations. The links and integrations are provided solely as an advertisement or convenience, and it is entirely up to you whether to use the links or not, visit the sites and conduct any activities within the sites, and YOVERSE makes no representations or warranties with respect to any third parties’ links and integrations.
You hereby acknowledge that the use of any link of third parties’ content and integrations is at your own risk and subject to the terms of use of such third parties’ content, and YOVERSE has no liability whatsoever, therefore.
12. GENERAL CONDITIONS
No general or specific condition communicated by you may be integrated into the present conditions of this Legal Notice.
You may not hold YOVERSE liable for any actions, proceedings, losses, claims, expenses, damages or liabilities arising out of or resulting from the provision of the services or products that YOVERSE offers, nor for the services that YOVERSE offers as an additional and optional service on its Website and/or Mobile App.
The failure of YOVERSE, its affiliates or suppliers to exercise any right or action under these Terms and Conditions shall at no time be construed as a waiver of such rights or actions.
YOVERSE may, at any time if it deems appropriate, assign all or part of its rights and obligations, subject to the authorizations of the appropriate authorities. By virtue of the same, YOVERSE shall be released from any obligation in a User favor, under the terms of these Terms and Conditions.
13. SECURITY
YOVERSE implements the appropriate technical and organizational measures to protect the security of every User data. In order to apply security measure to your data, YOVERSE may apply encryption and pseudonymization.
YOVERSE will do everything in its power to ensure the confidentiality, integrity, and resilience of your data.
14. EXTRAORDINARY EVENTS
You agree and acknowledges that YOVERSE is not liable for any loss caused directly or indirectly by extraordinary events or conditions beyond its control. Such events include, but are not limited to, governmental actions, stock exchange or market decisions, and applicable trading suspensions.
15. CHANGES TO THE LEGAL NOTICE
YOVERSE reserves the right to change this Legal Notice at any time without prior notice other than an update on YOVERSE’s Website; such changes shall be effective immediately.
By using, viewing, transmitting, hiding, storing and/or otherwise using YOVERSE services, you have agreed to accept any, and all Terms and Conditions described in this Legal Notice, and you hereby waive any right to claim the existence of ambiguities or errors in this notice. Please print and retain a copy of this Legal Notice at your convenience.
If you do not accept this agreement, we recommend you not to contract the service or purchase any of YOVERSE packages. If you do not fully and completely agree with any of these Terms and Conditions, you are not permitted to use YOVERSE services and you must refrain from accessing, using, and observing the Website and/or Mobile App.
16. APPLICABLE LAW AND JURISDICTION
For the purpose of these Terms and Conditions, YOVERSE establishes its address in 749 E 135th St, The Bronx, NY 10454, USA therefore, any claim, action or dispute arising out of or in connection with them, you and YOVERSE agree that it shall be resolved exclusively in the United States District Courts for the Southern and Eastern Districts of New York.
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1 “User/You” means any natural person, of legal age, who purchases a package of data, eSIM data or GB package offered by YOVERSE.
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Latest Update: November 14, 2022