YUNGO END USER
LICENSE AGREEMENT
Please read the terms and
conditions in this End User License Agreement ("Agreement")
carefully: they govern our relationship with you in relation to your use of the
Licensed Application referred to in this Agreement and contain important
information about your rights and obligations. By accessing or using the
Licensed Application, you agree to be bound by this Agreement as may be
modified from time to time.
If you do not want to be bound
by this Agreement, you must not access or use the Licensed Application.
The Licensed Application is
not a replacement for your primary telephone service and does not provide
access to emergency services. You cannot use the Licensed Application to make
calls to emergency services (e.g., by dialing 911, 112 or 999). However, you
can continue to use your mobile device to make calls to emergency services via
your mobile operator as normal.
1. This Agreement and our policy
sets out the terms and conditions under which Fortis Communications Inc"
("Fortis Communications Inc" or "we" or "us" or
"our"") with its registered office at 7165 YONGE ST., SUITE
2412, MARKHAM,ON, L3T0C9, CANADA licenses to you the Licensed Application. We
reserve all rights not expressly granted to you under this Agreement. In this
Agreement, "you" and "your" means the individual end user
accessing the Licensed Application. Full details and services provided by this Licensed
Application are available at https://yun-go.com.
2. If you are a consumer making
a prepayment for the Licensed Application in the Canada, you have the right to
cancel this Agreement within seven working days of your first prepayment. To do
so you must notify us in writing (such as email) within those seven working
days. You will then be entitled to a refund of the prepayment which we shall
pay as soon as possible, but in any event within 30 days. You do not have the
right to cancel this Agreement once you have begun to use the Licensed Application.
Nothing in this section affects your non-excludable statutory and legal rights.
3. We are the owner of the
copyright, trade secrets, trademarks and any other intellectual property rights
including all related software and underlying source code which subsist in the
Licensed Application and all copies thereof. Title to and ownership of the
Licensed Application shall at all times remain vested in us. You accept that
the Licensed Application contains confidential information that is our
property. You agree and acknowledge that we shall own the intellectual property
rights to any modifications of the Licensed Application. "Fortis
Communications Inc", "YunGO" and "YunGO Cheap International
Calls" (Application Provider Trade Marks) are owned by us and no right or
license is granted to the Application Provider Trade Marks.
4.1 Subject to the terms and
conditions of this Agreement, we grant to you a non-exclusive, revocable,
personal, non-transferable license to use the Licensed Application without any
right to sub-license. You will not sell, sub-license, lease, rent, loan, lend,
transmit or otherwise distribute or transfer the Licensed Application in any
manner to third parties.
4.2 The license granted hereunder
is limited to use of the Licensed Application on a mobile device that you own
or control. You will not use the Licensed Application on any mobile device that
is not owned by you or under your control and you agree not to distribute or
make the Licensed Application available over a network where it could be used
by multiple devices at the same time.
5. You undertake not to reverse
engineer, decompile, disassemble, or attempt to derive the source code of the
Licensed Application or any updates thereof and you will not adapt, alter,
modify, upgrade, enhance or create derivative works of the Licensed Application
or any updates thereof.
6. You will not reproduce or
copy any part of the Licensed Application and you will not disclose to any
third party the Licensed Application or any part thereof without our prior
written consent. The Licensed Application is provided to you for your own
personal use only and you will not re-sell or in any way re-supply the Licensed
Application to others.
7. The terms of this Agreement
will govern any upgrades provided by us unless such upgrade is expressly stated
to be subject to a separate license agreement.
8. You agree to use the Licensed
Application strictly in accordance with this Agreement and any instructions
issued by us from time to time. You have sole responsibility for any content or
data which you upload, post, email or otherwise transmit via the Licensed
Application. You agree not to not use the Licensed Application in contravention
of any applicable local, state, national or international law, regulation or
code of practice.
9.1 Charges and payment terms
which may be applicable will be provided to you before you complete payment for
the download of the Licensed Application.�
Unless expressly provided elsewhere in this Agreement, upon termination
of your account, all unused credits or pre-paid minutes shall expire in their
entirety and no refund or pro-ration shall be made for any unused credits or
minutes. You are solely responsible for any charges incurred using your
Licensed Application user account and you must keep your log-in details private
and notify us immediately if you believe that another person has had
unauthorized access to your user account. You are responsible for the security
of your user account and for all activities that occur in connection with your
account. Any breach of security (for example, in connection with your username
or password) must be notified to us immediately. If you provide any information
that is false, untrue, inaccurate, not current or incomplete, or we have
reasonable grounds to suspect that such information is false, untrue,
inaccurate, not current or incomplete, we shall have the right to suspend or
terminate your user account and refuse any and all current or future use of the
Licensed Application.
9.2 We reserve the right to change
rates at any time without notice. If you do not wish to accept such change in
rates, you can terminate your account with effect from the date on which the
rate change would become effective. By continuing to use the Licensed
Application following any rate change, you accept such rate change.
9.3 Because some mobile network
operators may prohibit or restrict the use of Voice over the Internet Protocol
("VoIP") functionality over their network, such as the use of VoIP
telephony over a mobile network, and may also impose additional fees or other
charges in connection with VoIP, you must prior to use of the Licensed
Application ensure that the terms of agreement with your operator do not
prohibit or otherwise restrict use of the Licensed Application over such
operator's network. You are responsible for all data and other charges imposed
by your operator or Wi-Fi provider which may be incurred when using the
Licensed Application. You further understand that the costs of data
connectivity services when using the Licensed Application may rise
significantly when roaming internationally and that you are solely responsible
for all charges in connection with your use of the Licensed Application. We are
not liable for these or any other costs you may incur by using your operator's
or other third party services. You must comply with all applicable third party
terms of agreement to ensure that you will not be in violation of the terms of
agreement with your mobile operator when using the Licensed Application.
10. You warrant and represent
that you have the necessary rights to install and use the Licensed Application
and you will indemnify and keep us, our affiliates, agents, partners and
officers, fully and effectively indemnified on demand from and against all
actions, claims, losses, liability, damages, costs and expenses (including
legal costs and expenses) suffered or incurred by us, our affiliates, agents,
partners and officers and arising directly or indirectly out of your use of the
Licensed Application.
11. You agree that the Licensed
Application is provided "as is" and that we do not provide any
guarantee, warranty or assurance that the Licensed Application will operate
continuously or without interruptions or be error free or meet your requirements
or that defects in the Licensed Application will be corrected. Accordingly, we
do not accept liability for unavailability or the timeliness, deletion, miss-delivery
or failure of the Licensed Application. You assume full responsibility and sole
risk for your use of the Licensed Application. To the maximum extent possible,
no warranties or terms implied by applicable law, including without limitation
those relating to satisfactory quality, performance, fitness for purpose, quiet
enjoyment and non-infringement of third party rights shall apply to the subject
matter of this Agreement. In entering into this Agreement, each party
acknowledges that it does not do so on the basis of, and does not rely on any
representation, warranty, condition or other provision except as expressly
provided in this Agreement and we exclude all express or implied terms,
conditions, warranties, representations or endorsements whatsoever with regard
to the Licensed Application to the fullest extent permitted by law. Should the
Licensed Application be defective, you will assume the entire cost of all
necessary servicing, repair or correction to any hardware or software used in
conjunction with the Licensed Application. We shall not be responsible for
operation of the Licensed Application other than on hardware approved by us and
in conjunction with the operating environment designated for the Licensed
Application. The limitations and exclusions in this section do not affect your
non-excludable statutory rights and only apply to the extent permitted by
applicable law.
12. We make no representation
that the Licensed Application is permitted or available for use in any
particular location. To the extent you choose to access the Licensed
Application, you do so at your own risk and you are responsible for compliance
with any applicable laws, including but not limited to applicable local laws.
13. We may add, change, remove or
discontinue any aspect of the Licensed Application at any time. In the unlikely
event that we make any changes which are materially detrimental to you, you may
terminate this Agreement on written notice and you may be entitled to a refund
of any unused prepaid amount representing the period following the termination
date. If you use the Licensed Application after any changes take effect you
will be bound by the changes and you shall have no right to terminate this
Agreement on the ground of the changes made.
14. Nothing in this Agreement
shall exclude or restrict the liability of either party for
(i) death or personal injury
resulting from either party's negligence,
(ii) liability for fraud, or
(iii) any other liability which
cannot be limited or excluded under applicable law.
To the extent permitted by applicable law, our
aggregate liability to you arising out of or in connection with your use of the
Licensed Application shall not exceed CA$20.00 (Canadian Dollar) and we shall
not be liable in contract, tort, negligence or otherwise for any indirect or
consequential loss, or for any loss of profits, data, revenue, business
opportunity, anticipated savings, goodwill or reputation even if we are
expressly advised of the possibility of such damage or loss. The limitations
and exclusions in this section do not affect your non-excludable statutory
rights and only apply to the extent permitted by applicable law.
15. This Agreement may be
terminated at any time by us or by you. We may suspend or terminate your
Service at any time acting reasonably, if you fail to make any payment when it
becomes due or any fraudulent or prohibited activity. Your rights under this
Agreement will terminate automatically without notice from us if you fail to
comply with any term of this Agreement.
16. Immediately on termination of
this Agreement, you will cease all use of the Licensed Application and will
destroy the Licensed Application and any copies thereof.
17. We may suspend or terminate
the Licensed Application and this Agreement if directed to comply with an
order, instruction or request of any law enforcement, government or other
competent authority.
18. You may use the Licensed Application
for lawful purposes only and in accordance with such instructions as notified
by us from time to time. You are responsible for all activity and usage of the
Licensed Application and for any breaches of this Agreement that may result.
You must ensure that the Licensed Application is not used, whether by you or by
anyone else, for any unlawful or fraudulent purposes. In particular, you will
not use the Licensed Application:
(i) in any way that breaches any
applicable local, national or international law or regulation;
(ii) to send, knowingly receive,
upload, download, use or re-use any material which does not comply with the
requirements set out in section 19 below;
(iii) to transmit, or procure the
sending of, any unsolicited or unauthorized advertising or promotional material
(spam);
(iv) to knowingly transmit any
data, or send or upload any material that contains viruses, Trojan horses,
worms, keystroke loggers, spyware, adware or any other harmful programs or
similar computer code designed to adversely affect the operation of any
computer software or hardware;
(v) in any way which we
reasonably consider to be abusive or inappropriate; or
(vi) in any way which we
reasonably consider is likely to affect the quality of the Licensed Application
or any other application provided by us.
19. You must not use the Licensed
Application to transmit, receive, email, send messages (SMS), download, upload,
view or otherwise use any material which is defamatory or libelous; obscene,
offensive, hateful, inflammatory or otherwise criminal in nature; contains
sexually explicit material; promotes violence; promotes discrimination based on
race, sex, religion, nationality, disability, sexual orientation or age;
infringes any copyright, database right, trade mark or other intellectual property
right of any person; is made in breach of any legal duty owed to a third party,
such as a contractual duty or a duty of confidence; is threatening, abusive or
invades any person's privacy; is likely to harass, upset or alarm any other
person; is used to impersonate any person, or to misrepresent your identity or
affiliation with any person; gives the impression that they emanate from us, if
that is not the case; or advocates, promotes or assists any unlawful act such
as (without limitation) copyright infringement or computer misuse.
20. You agree that we may collect
and use personal information and technical data and related information,
including but not limited to numbers stored on your mobile device to facilitate
the provision of the Licensed Application so that users may call and text each
other utilizing phone numbers stored in their mobile devices. We may also use
this information in an anonymous form to improve our products or to provide
other services or applications to you. Use of your personal information is
subject to our Policy.
21. We may amend this Agreement
from time to time and post the new version on our website following which all
use of the Licensed Application will be governed by the revised version. You
must check the terms of this Agreement accessible from our website from time to
time to review them. We shall update the "Last modified" date in the
event of a change to this Agreement. In the unlikely event that we make any
modifications to this Agreement which are materially detrimental to you, you
may terminate this Agreement on written notice and you may be entitled to a
refund of any unused prepaid amount representing the period following the
termination date. If you use the Licensed Application after the "Last
modified" date you will be bound by the changes and you shall have no
right to terminate this Agreement on the ground of the modifications made.
22. We shall not be liable for
any failure to perform any obligation to the extent such failure is due to
causes beyond our reasonable control.
23. We may assign, transfer,
novate or subcontract any or all of our rights and obligations under this
Agreement at any time."
24. The termination of this
Agreement however arising shall not operate to affect such of the provisions of
this Agreement as are expressed to operate or have effect after then and shall
be without prejudice to any accrued rights or remedies of the parties.
25. Failure by either party to
exercise or enforce any right conferred by this Agreement shall not be deemed
to be a waiver of any such right nor operate so as to bar the exercise or
enforcement thereof or of any other right on any later occasion.
26. This Agreement shall be
governed by Canada law and the parties hereby submit to the exclusive
jurisdiction of the Canada courts except that we may take any action we
consider necessary to protect or preserve any of our confidential information
and intellectual property rights in any court of competent jurisdiction.
27. If any provision of this
Agreement shall become or be declared illegal, invalid or unenforceable for any
reason whatsoever, such provision shall be divisible from the others and shall
be deemed deleted.
28. Any notice which may be given
by either party shall be deemed to have been given if left at or sent by first
class pre-paid post or email transmission to a postal address or email address
notified by the other party in writing as an address to which notices may be
sent.
29. This Agreement represents the
entire agreement and understanding of the parties in relation to the subject
matter hereof and supersedes all prior understandings and representations,
whether written or oral.
Last modified date: 29th July 2016