help_outline Yamgo Terms & Conditions 1. Terms of Use These Terms of Use ( "Terms") are entered into by and between you and Yamgo, Ltd. a UK limited company, and its affiliates, subsidiaries, related companies and partners - including AdsDax and AdSpruce, -(collectively, “Yamgo”, the “Company”, “we”, “us”, “our” and their derivatives). These Terms apply to and govern your use of the websites, products, apps, browser extensions and services that we make available to you, including, without limitation, the Yamgo.com website (the “Website”), Yamgo, Yamgo Apps, Yamgo Earn, Yamgo Referral Program, Yamgo Offers and any other products, including those that may be introduced from time to time in the future and any trial versions thereof (individually and collectively, the “Services”). These Terms are a legal agreement between you ("you," or "your") and Yamgo. By clicking to "Accept" these Terms where this option is made available to you and/or by using our Services, you agree to be bound by these Terms. These Terms do not alter in any way the terms or conditions of any other agreement you may have with any other party for products, services or otherwise. These Terms contain important information about your rights and obligations with respect to the Services, as well as conditions, limitations and exclusions that might apply to you. Please read these Terms carefully. These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. By using any of the Services, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, IMMEDIATELY STOP USING THE WEBSITE AND ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. Important information Please read this Agreement carefully and in its entirety. You must be at least 18 years old. You may not sell or re-purchase or receive any ancillary services related to the rewards / Hbar / digital assets you receive if there are applicable legal restrictions in your country of residence. You may be restricted by your jurisdiction from participating in the Yamgo platform. You have full responsibility when entering into this present Agreement and shall be considered liable in the event you provide us with any misleading information with respect to the legal framework applicable in your country of residence. We bear no responsibility whatsoever in the event of unlawful transactions with/by you. 1.1. Modification of Terms We reserve the right, at any time, to modify, alter or update these Terms. Any modifications, alterations or updates will become effective immediately once they are posted on the Website. Your continued use of the Services after any modifications, alterations or updates are posted constitutes an acknowledgement and acceptance of these Terms as-modified, altered or updated. 1.2. Privacy Policy Our practices concerning the collection, use, disclosure and other processing of your personal information are described in our Privacy Policy. Please review our Privacy Policy for more information. By agreeing to these Terms, you also agree to our Privacy Policy, and you acknowledge that you will regularly visit the Terms of Use and our Privacy Policy to familiarize yourself with any and all updates. 1.3. Recitals As of the date of this Agreement, You are the sole legal and beneficial owner of any rewards(s) placed into your account You agree to comply with all "Know your Client" and "Due Diligence" procedures applied by the Company. You agree to provide us with the valid documents in the event of the expiration of the documents submitted under all "Know your Client" and "Due Diligence" procedures. It is clarified that you shall be required to submit a list of all "Know your Client" and "Due Diligence" documents at any stage that we shall request. It is noted that we have the sole discretion to accept or reject the submitted documents and information prior the completion of any transaction or distribution of any rewards or bonuses from any of the earnings programs. The Company reserves the right to declare void any transaction at any given moment in the event, even after the purchase of the token(s) by the Company, where there are reasonable doubts as to the legality of the token's ownership by the Client. The Client understands that in such an event as described in Clause 2.5 above, the Client is obliged to return any amount received from the selling of the token to the Company without any due delay, including any reimbursements for damage in case such damage has been proven. The Client understands and accepts that he shall bear the obligation to cover any reasonable expenses from the cancellation of the transaction. 1.4. Accessing the Services 1.4.1. Eligibility, Registration and Account Our Services are intended solely for users who are at least 18 years old and reside in a country in which the relevant Yamgo Services are legally accessible in your jurisdiction. If you are under the age of 18, then you are not permitted to register for an account with Yamgo and use our Services. In order to use the Services, you will be required to create an account with Yamgo. You may only register for one account and you agree to: (i) provide accurate, current and complete information; (ii) maintain and promptly update your account information to keep it accurate, current and complete; (iii) maintain the security of your account and accept all risks of unauthorized access to your account; and (iv) promptly notify Yamgo if you discover or otherwise suspect that your account has been subject to hacking or other unauthorized use. 1.4.2. Generally The Services are provided online. You are solely responsible for making all arrangements necessary for you to access the Services (e.g., computer, modem, internet access, etc.) 1.4.3. Account Information If you choose, or are provided with, a user name, password, private key or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. You also acknowledge that any account you create through the Services is personal to you and agree not to provide any other person with access to the account or Services using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or device so that others are not able to view or record your password or other personal information. 1.4.4. Identity Verification & “KYC” You agree to provide us with the information we request as deemed necessary for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including but not limited to those set out in Appendix 1 (Verification Procedures and Limits). You permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to start using the Yamgo Services and to access specific Yamgo Services, including access to offers, rewards, and the limits that apply to your use of the Yamgo Services may be altered as a result of information collected on an ongoing basis. The information we request may include (but is not limited to) personal information such as your name, residential address, telephone number, email address, date of birth, taxpayer identification number, government identification number, network status, customer type, customer role, billing type, mobile device identifiers (e.g. international mobile subscriber identity and international mobile equipment identity) and other subscriber status details, and any such information that Yamgo is required to collect from time to time under applicable law. You may also be required to undergo “Enhanced Due Diligence” (see Section 1.4.5. below), where Yamgo may request that you submit additional information about yourself or your business, provide relevant records, and arrange for meetings with Yamgo staff so that Yamgo may, among other things, establish the source of your wealth and source of funds for any transactions carried out in the course of your use of Yamgo Services. In providing us with this or any other information that may be required, you confirm that the information is true, accurate and complete, and you have not withheld any information that may influence Yamgo’s evaluation of you for the purposes of your registration for a Yamgo Account or the provision of Yamgo Services to you. You undertake to promptly notify in writing and provide Yamgo with information regarding any changes in circumstances that may cause any such information provided to become false, inaccurate or incomplete and also undertake to provide any other additional documents, records and information as may be required by Yamgo and/or applicable law. You permit us to keep records of such information. We will treat this information in accordance with Section 1.6. (Data Protection). You authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such enquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction/offer, earning a reward or other use of other services before permitting you to use further Yamgo Services and/or before permitting you to engage in transactions, offers or earn rewards beyond certain volume limits. 1.4.5. Enhanced Due Diligence We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Yamgo staff if you wish to raise your limits ("Enhanced Due Diligence"). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance so that you can decide whether you wish to proceed with the request. In our sole discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence. 1.4.6. Limited Right to Use Services; Termination of Access to Services By agreeing to these Terms, you are granted a limited, revocable, personal, non-transferrable, non-exclusive license to access the Services that are publicly and legally accessible and to which you are properly enrolled or subscribed. Your use of any Services is subject in all respects to these Terms and any other documentation (including agreements) that we may provide or make available to you in connection with your use of a given Service. Any and all such additional documentation is incorporated into these Terms by reference. We have the right to terminate or disable your access the Services (or any portion of them) and/or any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. For clarity, your right to use the Services under these Terms will end immediately upon our termination or disabling of your access to the Services. 1.4.7. Rights Reserved Except as expressly set forth in these Terms or other written agreement between you and the Company, no license or other right in or to the Services are granted to you, by implication, estoppel or otherwise, and all such licenses and rights are hereby reserved. 1.5. Restrictions on Use of Services You may not use any of the Services to: Acquire any rewards, cashback or item of value through the use of botnets or automated means or through deception or misrepresentation in any respe Post or transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or that the Company considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content; Violate any local, state, federal, national or international law (including any law regarding the export of data or software to and from the US or other countries); Sell or promote any unapproved products or services; Introduce viruses, worms, Trojan horses and/or any harmful code on the Internet; Display material that exploits children under 18 years of age; Post any material or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party; Promote, solicit or participate in multi-level marketing or pyramid schemes; Harass, embarrass or cause distress or discomfort upon another participant, user or other individual or entity; Impersonate any other person, including a customer, supplier, the Company or any person associated with the Company; Publish or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 18 years of age); Publish or transmit any unsolicited advertising, promotional materials or any other forms of solicitation; intentionally or unintentionally violate in any manner any applicable local, state, national or foreign law, including any regulations having the force of law, while using or accessing the Services or in connection with your use of the Services; or Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity. Additionally, you may not: distribute the Services or permit third parties to access the Services with the credentials that you use to access the Services; modify, adapt or create derivative works based on any of the Services (including but not limited to by distributing APK or extension files of any of the Services); delete or alter any copyright, trademark or other proprietary rights notices from the Services; “frame” or “mirror” any of the Company’s content made available through the Website, create Internet “links” to or from the Website; or disassemble, reverse engineer or decompile the Services or any content made available through them, including but not limited to building a competitive product or service, building a product or service using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics. Any use of the Services (or any portion of them) that is not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. 1.6. Data Protection 1.6.1. Personal Data You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided (or in the future provide) to us in relation to your employees and other associates, or other individuals (if you are not an individual), in connection with this Agreement, or the Yamgo Services. We will process this personal data in accordance with the Privacy Policy, which shall form part of this Agreement. Accordingly, you represent and warrant that: (A) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed; (B) before providing any such personal data to us, you acknowledge that you have read and understood our Privacy Policy a copy of which is available here: Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided the individual with a copy of, or directed the individual towards a webpage containing that Privacy Policy (as amended from time to time); and (C) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide updated copies of the Privacy Policy to, or re-direct towards a webpage containing the updated Privacy Policy, any individual whose personal data you have provided to us. (D) You acknowledge that, at Yamgo’s discretion, the company reserves the right to share your data with select partners in the event of fraud, crime, errant transactions or any perceived abuse of the platform and its connected services. 1.7. Intellectual Property © 2005-2021 Yamgo Ltd. The Services and all content, features and functionality included or available on or through them, including information, text, graphics, interfaces and the design, selection and arrangements of the Services, are owned by the Company, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, with all rights reserved. Any use of materials available on, through or in connection with the Services, including reproduction for purposes other than those noted above, modification, distribution or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company, is strictly prohibited. The trademarks and trade names YAMGO, YAMGO BOOST, YAMGO EARN, YAMGO TASKS, YAMGO GIGS, YAMGO PLAY, YAMGO TOKEN, YAMGO DAILY BONUS, YAMGO MARKET, YAMGO SHOP, YAMGO PAY, YAMGO OFFERS and YAMGO SAVE and any variations thereof, including but not limited to related logos, designs and composite marks are the solely owned property of the Company. All third-party trademarks shown in the Services are the property of their respective owners and constitute neither an endorsement nor a recommendation of those third parties. In addition, any use of trademarks or links to the websites of third parties by the Company is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with the Company. 1.8. Yamgo Market Program Generally. Subject to these Terms, the Company offers the Yamgo Market (the “Program”) to allow qualifying users of the Services that participate in the Program (each, a “Participant”) to receive rewards or “Pending Rewards” (as discussed below under the heading “How It Works”) when they purchase certain products and services from retailers, brands, merchants and other partners that participate in the Program (each, an “Affiliate Store”) for each Qualifying Purchase (defined below). Participation in the Program and the opportunity to earn Rewards are offered and may be withdrawn at the sole discretion of the Company and are subject to compliance with these Terms. 1.8.1. Eligibility and Requirements To become a Participant, a user of the Services must be at least 18 years old and provide us with certain information about themselves (e.g., a phone number, email address, etc.) when asked. 1.8.2. Non-Transferability of Accounts A Yamgo Account with access to the Program may only be used by one natural person. If you become a Participant in the Program, you may not let anyone else use your Yamgo Account. Transfer of a Yamgo Account may result in its termination and forfeiture of any Pending Rewards. 1.8.3. How it Works Participants may be eligible to receive Rewards from each purchase that they make from an Affiliate Store (a) while they are logged into their Yamgo Account and accessing Affiliate via means provided within the Yamgo Market and (b) that is transacted in accordance with the Company’s publicly available documentation concerning the Program (e.g., How do I use Yamgo Market?) (each, a “Qualifying Purchase”). Each Qualifying Purchase will occur on an applicable purchase date, and Yamgo will record the Fiat value of your portion of the fee that Yamgo is entitled to receive from the applicable Affiliate Store. After the applicable purchase date, and fulfillment of all criteria in accessing rewards, Yamgo will convert your portion of the fee from U.S. Dollars to Rewards, or “Pending Rewards”, meaning a right to receive a certain number of Rewards subject to completion of the relevant Qualifying Purchase and other requirements relating thereto that are set forth in the Company’s publicly available documentation (e.g., What are pending Rewards? Why is there a timer?) or relevant Affiliate Store Policies (defined below). Rewards are earned on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations and extended warranties. Except as may otherwise be provided in the relevant Affiliate Store Policy or in relevant documentation made publicly available by the Company, purchases of gift cards do not qualify for Rewards. Reward amounts vary by Affiliate Store and product category and may contain exclusion in the terms of the offer. You should review these additional terms carefully. The Company uses reasonable efforts to maintain a list of exclusions. The list of exclusions is subject to change without notice, and the Company hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions. Please note that we shall provide the Reward Scheme only in certain tokens which will be announced from time to time on our website. 1.8.4. Things to Keep in Mind Please note that the following (in addition to other situations described in the Company’s publicly available documentation) may affect your ability to make Qualifying Purchases: If you visit other sites before completing a purchase, the purchase might be associated with a service other than the Program and render such purchase ineligible to be a Qualifying Purchase. If you disable “cookies” on your computer, you will not be able to make a Qualifying Purchase, as cookies are used to authenticate transactions. 1.8.5. Affiliate Store Policies A product purchased from any Affiliate Store through the Program is governed by and subject to the applicable Affiliate Store’s policies, including applicable exchange and shipping policies (each, an “Affiliate Store Policy”). You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control with respect to the Program or otherwise. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store and subject to any applicable Affiliate Store Policies. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including the withdrawal or modification of any such offer or promotion. You agree to adhere to all applicable Affiliate Store Policies. The Company is not responsible for changes to, or discontinuance of, any Affiliate Store or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of rewards caused by such changes, discontinuance or withdrawal. 1.8.6. Bonuses and Other Rewards In its sole discretion, the Company may from time to time elect to offer bonuses or rewards for referring new Participants to the Program or for other specific actions. To the extent that any document describing the terms on which such rewards program may be offered differs from these Terms, such other document will control. 1.9. Yamgo Boost 1.9.1. Definition Yamgo Boost is a program that allows users to claim a random daily HBAR reward based on a user's Prestige Status and Boost level in the Yamgo Apps.For the avoidance of doubt this is a non-custodial service and the user remains in possession and full control of their digital assets at all times. 1.9.2. Eligibility To be eligible for Yamgo Boost, the user must be eligible to have a Yamgo account, have a Yamgo account in good standing. The user must be using the Hedera Account they created during the Yamgo registration process. The user must also reach the minimum platform usage criteria to enter the Yamgo Boost program. This is currently set at a minimum of Bronze Prestige and Boost Level 01 (subject to change without notice). 1.9.3. Payment of Yamgo Boost Rewards Users of Yamgo Boost will receive regular, random Rewards directly attributable to their Prestige Status. Boost rewards are credited to the user's account after a user clicks the “claim boost” in one of the Yamgo Apps. Boost rewards are distributed based on a user’s Prestige and Boost Level. 1.9.4. Term The Yamgo Boost is paid daily. A day is determined by Yamgo to start at 00:00:01 GMT and end 00:00:00 GMT. The term is subject to change for any or no reason without prior notice. Please note,Yamgo Boost may be subject to additional terms and restrictions. You should review these additional terms carefully. The Company uses reasonable efforts to maintain a list of any additional terms and restrictions on the Yamgo site. If a user does not claim their Yamgo Boost reward during a given day, said reward will no longer be available to the user. 1.9.5. Acceptable Use The user shall bear the risk of loss for, and assumes all liability arising from, any unauthorized or fraudulent usage of Services (or any hardware or software component thereof). In addition, the user agrees not to (i) send or store malicious code in connection with the Services or otherwise interfere with or disrupt performance of the Services, (ii) use manual or automated tools to scan or probe the Services in order to determine vulnerabilities, or (iii) attempt to gain access to the Services or its related systems or networks in a manner inconsistent with the permitted use of the Service. Yamgo reserves the right but is not required, to take any and all action it deems appropriate, including, without limitation, blocking access to geographic areas or suspending access to Services (or any hardware or software component thereof), in order to prevent or terminate any fraud, abuse or illegal use of or activities in connection with the Services or any other breach of this section, provided, however, that any such action by Yamgo shall be consistent with applicable laws, rules, and regulations. 1.9.6. Limitation of services Yamgo may at any time and without liability to, terminate, suspend, or limit your use of Yamgo Boost (including refusing to process any transaction, or wholly or partially reversing any transactions that you have effected), including (but not limited to): (a) in the event of any breach by you of these Terms and all other applicable terms; (b) for the purposes of complying with Applicable Laws; (c) where Yamgo suspects that a transaction effected by you is potentially connected to any unlawful activities (including but not limited to money laundering, terrorism financing and fraudulent activities). 1.9.7. Right to Change Service Yamgo reserves the right to change or discontinue the Yamgo Boost service at any time for any or no reason. 1.10. Receiving Payment 1.10.1. Requirements As a condition of payment of accrued rewards, you must establish and maintain a Yamgo Account with the following information necessary to process your payment: (a) a valid email address at which you are able to receive email, (b) a valid wallet address and (c) your first and last name. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment. If you elect to close your Yamgo Account you agree that you will forfeit any pending rewards at the point of account closing. Also, as a condition of payment, you must not be a resident of a country subject to economic or trade sanctions such as by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime. 1.10.2. Payments Payments of rewards or other payment options that the Company may make available from time to time will be subject to varying accrual rates depending on Affiliate Stores’ policies and reporting schedules. Additionally, the Company may delay payment for any purchase based on changes to Affiliate Store policies at any time. The Company also may modify the payment schedule at any time. The Company is not responsible for payments delivered to the wrong cryptocurrency address through no fault of the Company or for payment errors made by any bank, financial institution or other third party. 1.11. Yamgo Account Adjustments In our sole discretion, we may deduct rewards or pending rewards from your Yamgo Account to make adjustments for returns and cancellations with respect to Qualifying Purchases. Any such adjustments, however, will be made in accordance with these Terms, any applicable Company policies and terms, the terms of any Affiliate Store offers, applicable Affiliate Store Policies, any documentation that the Company makes publicly available concerning the use of the Services and any and all applicable laws, rules and regulations. The determination of whether a purchase made through an Affiliate Store constitutes a Qualifying Purchase is made at the sole discretion of the Company. If an Affiliate Store fails to report a transaction to the Company or fails to make payment to the Company for any reason, the Company may cancel the Rewards associated with the applicable transaction. It is your responsibility to check your Account regularly to ensure that the rewards have been properly credited and paid and that your Account balance is accurate. If you believe that Rewards have not been correctly credited to your Account, you must contact the Company’s Member Services within ninety (90) days of the transaction. Should you disagree with any adjustments made to your Yamgo Account or payments made to you, your sole remedy is to withdraw from the Program. 1.11.1. Taxes You may be taxed on your receipt of Rewards, cryptocurrencies, fiat currencies and other benefits of your use of the Services depending on the tax laws of local, state, federal and national jurisdictions. You will be solely responsible for any and all tax liability arising out of any benefits you receive in connection with the Services. 1.12. Disclaimer of Warranties; Limitation of Liability THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SERVICES WILL MEET YOUR NEEDS AND EXPECTATIONS OR THE NEEDS AND EXPECTATIONS OF ANY USER OF THE SERVICES, THAT THE SERVICES, THE CONTENT OR DATA DELIVERED THROUGH THEM OR THE RESULTS OF THEIR USE WILL BE ACCURATE, CORRECT, UNINTERRUPTED, RELIABLE, COMPLETE OR PRESERVED WITHOUT LOSS. The Company will have no liability for any interruptions in the use of the Services or for failing to correct defects. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or items obtained through them. As with any computer, electronic, hardware and software products, we cannot and do not guarantee that the Services will be bug-free at all times and will always work as intended at all times. All content and features of the Services are subject to change or termination without notice in the sole discretion of the Company. The Company makes no guarantee of confidentiality or privacy of any communication or information transmitted through the Services. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable in those jurisdictions. The Services may make available certain cryptocurrency and financial market data, quotes and other information (collectively, the “Market Information”) that has been obtained by the Company from third parties. The Company does not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Market Information made available through the Services, but the Company will use commercially reasonable efforts to review such Market Information for accuracy and completeness. THE MARKET INFORMATION IS PROVIDED ON AN "AS-IS” AND “AS-AVAILABLE” BASIS. NONE OF THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS SHALL HAVE ANY LIABILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR CORRECT SEQUENCING OF THE MARKET INFORMATION OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU RELYING UPON THE MARKET INFORMATION. NONE OF THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA OR OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGE OF ANY KIND OR NATURE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, RESULTING FROM OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICES. Some jurisdictions do not allow the limitation of liability described in this paragraph; therefore, the above-referenced limitation may be inapplicable in those jurisdictions. To the fullest extent provided by law, in no event will the collective liability of the Company and its directors, officers, employees, consultants, agents, representatives, licensors, service providers and suppliers to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed $1,000. This limitation does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused as a result of your use of the Services. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. 1.13. Indemnification You agree to indemnify, defend and hold harmless the Company and its directors, officers, employees, consultants, agents, representatives, licensors, service providers and suppliers from any and all claims, losses, liability, damages and/or costs (including reasonable attorneys’ fees and costs) arising out of or relating to (a) your use of the Services; (b) your violation of these Terms, including any representations and warranties that you make under these Terms and any agreements incorporated by reference; and/or (c) your infringement, or infringement by any other user of your Yamgo Account, of any intellectual property or other right of any person or entity. 1.14. Customer Feedback, Queries, Complaints, And Dispute Resolution 1.14.1. Contact Yamgo If you have any feedback, questions, or complaints, contact us via help@yamgo.com. When you contact us please provide us with your name, email address, and any other information that we may need to identify you, your Yamgo Account, and the transaction on which you have feedback, questions, or complaints. 1.14.2. Complaints If you have a dispute with Yamgo, you agree to contact our support team in the first instance to attempt to resolve such dispute. If we cannot resolve the dispute through our support team, you and we agree to use the complaints process set out in this Section 1.14.2. You agree to use this process before commencing any action as set out in Section 1.14.3. If you do not follow the procedures set out in this Section 1.14.2 before pursuing action under Section 1.14.3, we shall have the right to ask the relevant court/authority to dismiss your action/application unless and until you complete the following steps: In the event of a complaint which has not been resolved through your contact with Yamgo Support, please use our support tools at yamgo.com and support.yamgo.com to set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint after you submit it. A customer complaints officer (an "Officer") will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided, and any information provided by Yamgo. Within 15 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an email ("Resolution Notice") in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In certain circumstances, if the Officer is unable to respond to your complaint within 15 business days, the Officer will (unless prohibited by applicable law) send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint). Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint. 1.14.3. Escalation If we have not been able to resolve your complaint via the complaint process set out in Section 1.14.2 above, you may escalate your complaint via the dispute processes set out in Sections 1.14.4 to 1.14.4.1 below as applicable to you. 1.14.4. Dispute Process Both you and we agree that we shall not commence any of the dispute processes set out at Sections 1.14.4.1 below in relation to the whole or part of your complaint until the complaint process set out in Section 1.14.2 has been completed, although nothing in Section 1.14.2 or in this Section 1.14.4 shall be construed as preventing either party from seeking conservatory or similar interim relief in any court of competent jurisdiction: 1.14.4.1. Resolutions For complaints or disputes arising out of or in connection with this Agreement or the provision of Yamgo Services, the Yamgo Platform or the Site, that cannot be resolved via the complaint process set out in Section 1.14 above, you submit to the non-exclusive jurisdiction of the courts of England and Wales without prejudice to any mandatory rights available to consumers (being individuals not engaged in conduct related to their trade, business or profession, “Consumers”) to commence proceedings against Yamgo before the courts of the jurisdiction in which they are domiciled. 1.15. Redeeming Offers & Earn opportunities In order to redeem offers or take advantage of earn opportunities, you must be signed in to the Yamgo property where the offer is accessed and, use the links provided within the Yamgo Earn section, have cookies (and other tracking methods) enabled for affiliate and retailer sites, use no AdBlockers (including the built-in blocking capabilities of browsers such as Brave), complete the tasks listed in the offer (provided at the time the offer is accessed). If you visit other sites, apps or tools such as coupon injectors, cashback extensions, points extensions, offerwalls etc. before completing your offer, your offer and rewards might be associated with a service other than Yamgo and you might not earn rewards on your offer. If you disable “cookies” on your computer or device, you will not be able to earn rewards because cookies are often used to authenticate the user and verify whose Member Account is eligible for the rewards as well as track the credit for the sale on retailer sites. You hereby acknowledge and agree that Yamgo will not be liable for any failure to accrue rewards due to your own or any third party’s use (including any upstream network provider or intermediary) of the foregoing tools or procedures, or similar, applicable to your browsing session with Yamgoi or the Yamgo Properties. You also acknowledge that Yamgo is not liable for any dispute arising from the redemption of offers, or any failure of redemption. 1.16. Third-Party Sites Certain Services may include links to other websites that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party website. You should contact the site administrator or webmaster for those third-party websites if you have any concerns regarding such links or the content located on such websites. Your use of any third-party website is subject to such website’s terms of use and privacy policies and the Company has no responsibility for any of your actions taken on any such third party website. 1.17. Disclaimer Regarding Accuracy of Vendor Information Product specifications and other information have either been provided by vendors or suppliers to the Company or collected from publicly available sources. No reference to any third party or third-party product or service shall be construed as an approval or endorsement by the Company of that third party or of any third-party product or service. The Company makes no representations or warranties as to the accuracy or reliability of any information provided through the Services. The Company makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor or supplier to the Company, and you acknowledge that any reliance on representations and warranties provided by any such vendor or supplier shall be at your own risk. 1.18. Compliance with Laws You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use the Services in any way that violates applicable local, state, federal, national or international law, regulation or other government requirements. You further agree not to use the Services to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability. 1.19. Copyright Notice and Takedown Procedure We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials or activities accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent in accordance with this Section 1.19. 1.19.1. Reporting Claims of Copyright Infringement In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works available through the Services, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address); (e) a statement that you have a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. You may submit a DMCA notice by submitting an email with the title “Copyright Inquiry: DMCA Notice” to help@yamgo.com. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Furthermore, if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. 1.19.2. Counter-Notification Procedures If you believe that material you uploaded or posted to the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter-Notice must include substantially the following: (a) your physical or electronic signature; (b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (c) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address); (d) a statement, under penalty of perjury, by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (e) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue. You may submit a DMCA notice by submitting an email with the title “Copyright Inquiry: Counter-Notice” to help@yamgo.com. The DMCA allows us to restore the removed materials if the party filing the original DMCA Notice does not file a court action against you within 10 business days of receiving the copy of your Counter-Notice. Please be aware that, if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. 1.19.3. Repeat Infringers It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. 1.20. Other Terms 1.20.1. Waiver/Severability/Assignment No waiver by the Company of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms will not constitute a waiver of such right or provision. Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. Assignment. These Terms and any other agreements referenced herein may be assigned by the Company, in our sole discretion, to a third party, but you may not assign or transfer these Terms (or your rights or obligations under them) without prior written consent of the Company. 1.20.2. Relationship/Construction/Entire Agreement These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Neither party is authorized to assume or create any obligation or responsibility on behalf of, or in the name of, the other party or to bind the other in any manner. Principles of Construction and Caption headings used in these Terms are for convenience purposes only and are not to be used to interpret or define the provisions of these Terms. All uses of the word “including” mean “including, without limitation” and “including, but not limited to.” Unless otherwise specified, all meanings attributed to defined terms in these Terms will be equally applicable to both the singular and plural forms of such defined terms. Entire Agreement. These Terms are the entire agreement between the parties relating to their subject matter, supersede all previous communications, understandings and agreements (whether oral or written) and cannot be modified except in accordance with Section 1 hereof or pursuant to a separate written instrument between you and the Company. 1.20.3. Contact Information If you have any questions about these Terms, please contact the Company by submitting an email to help@yamgo.com. THIS PRESENT AGREEMENT HAS BEEN MADE AVAILABLE ELECTRONICALLY ON OUR WEBSITE APP.YAMGO.COM AND IT IS CONSIDERED TO BE VALID AND BINDING TO THE PARTIES. 2. Appendix 1 2.1. Verification procedures and limits Yamgo uses multi-level systems and procedures to collect and verify information about you in order to protect Yamgo and the community from fraudulent users, and to keep appropriate records of Yamgo's customers. Your access to one or more Yamgo Services or the Yamgo Platform, and limits imposed on your use of Yamgo Services (including but not limited to daily or weekly conversion limits, Yamgo Pro deposit, withdrawal and trading limits, instant buy limits, Digital Currency Wallet transfer limits, and limits on transactions from a linked payment method), and any changes to such limits from time to time, may be based on the identifying information and/or proof of identity you provide to Yamgo. Yamgo may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any Yamgo Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account's ‘Limits’ page on the Site. 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