Last updated on: 2/7/16
We at Yabale (“Yabale”, “We”, “Our” or “Us”) offer a management tool of your online merchant accounts through our website located at yaballe.com (“Website”) and an application that may be available for download through online and mobile application platforms (jointly the “App”). The Website and the App shall be jointly referred to herein as the “Service”, unless expressly specified otherwise.
Grant of License
For the term of this Agreement, we hereby grant you a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to use the Service exclusively for your own benefit and subject to payment of the applicable fees (if any).
Any other use contrary to the express purposes and permissions as stated herein, is strictly prohibited and shall be deemed a violation of these terms, and without derogating from any remedy reserved to Yabale under applicable law or these terms, shall entitle it to terminate your account forthwith without any claim on your part. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Services and all related items, including any and all copies made of the Services.
Without derogating from the generality of the aforesaid, it is clarified that the Use of the Services shall be for your own, private use, and may not be reproduced, duplicated, copied, re-sold, sub-licensed, or otherwise used in whole or in part by you for any commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from the Services. If you violate or if, at any point, you do not agree to any of the terms in the Agreement, your license to use the Services shall immediately terminate without any prior notice to you, and you shall immediately refrain from using the Service. If the Service determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service and must refrain from using the Services.
Payment Cancellation: At any given moment, a user can cancel his or her payment subscription directly on Paypal website (www.paypal.com).
Responsibility for cancelling a plan will be on the user side and not Yaballe side.
Plan Upgrade: On any given time, the user can upgrade his plan and get a partial refund according to the number of usage days.
Plan Downgrade: On any given time, the user can downgrade his plan.
The user will stay on the current plan and on the next billing cycle the new (smaller) plan will be activated and the lower amount will be charged.
Subject to your full compliance with these Terms, We shall provide the Service, which may include, management tools online merchant accounts. Please note that parts of the Service or certain features may be provided only to Users who subscribe for such parts of the Service and/or features and that We may charge fees for such Service and/or features.
You acknowledge and understand that from time to time the Services may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which may occur over time. You also acknowledge and understand that service malfunctions may occur for reasons beyond Yabale’s control or which are not reasonably foreseeable, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, Internet service provider, hostile network attacks, network congestion or other failures. You agree that We will not be liable to you or to any third party in the event the Services are inaccessible or malfunction, or for any disruption in the Services or your use thereof.
You acknowledge and understand that the proper function of the Services is dependent upon the operability and availability of third party services, including API’s of your online merchant account providers (“Third Party Services”). You hereby acknowledge that in the event of non-operability and non-availability of any applicable Third Party Services, the Services may not operate correctly and as intended, especially with respect to features relating to price and data comparison and auto-update between online merchants. You further acknowledge that Third Party Services may limit or restrict the frequency or scope of access of the Services to Third Party Services, and in such an event the Services may not operate correctly and may display non-current information. You agree that We will not be liable to you or to any third party in the event the Services or your use thereof are effected by any Third Party Services, or for any malfunction or disruption in the Services due to Third Party Services. In light of the aforementioned, You are highly encouraged to verify the correctness of any information or data automatically collected by the Services from any Third Party Services.
We may change, suspend, or discontinue any or all of the Service for any reason, at any time, including the availability of any feature or part of the Service at Our sole discretion. We may also impose limits on any or all of the Service or restrict your access to parts or all of the Service without notice or liability. We may charge fees for the use of the Service or part of it and may include advertisements or other commercial content in any product, image and/or webpage including those which have been created by Users, unless stated otherwise.
We offer fulfilment services to our users that may include cash back benefits. The cash back rate may be changed without any notice from our side. There is no warranty for the fulfilment services.
Fees and Payments
We may, from time to time, offer Beta Programs and Free Trials. Please be aware that if you accept a free trial we will begin to bill your account for that feature or subscription when the free trial expires, unless you cancel it before that time; or if you agree to terms of any other promotion associated therewith. Free trials or Beta Programs cannot be combined with any other offer.
You agree to provide Yabale with accurate and complete billing and contact information, including Your legal name, company name, street address, e-mail address, and telephone number, and to update this information within 30 days of any change to it. If the contact information You provide is false or fraudulent, Yabale reserves the right to terminate Your access to the Services immediately without liability to You and without any obligation to return Your data.
During the term of this Agreement, You agree to pay Yabale the fees associated with use of the Yabale Services and optional services in accordance with the subscription plan selected by You upon registration or as updated by You from time to time. Except as otherwise provided, fees are non-refundable, and subscription plan purchased cannot be decreased during the relevant subscription term selected upon registration or as updated by You from time to time. All payments, fees and other charges payable by You to Yabale under this Agreement are exclusive of all applicable federal, state, local and foreign taxes, levies and assessments. You agree to bear and be responsible for the payment of all such taxes, levies and assessments imposed on You or Yabale arising out of this Agreement, excluding any tax based on Yabale’s net income. If You are required by any applicable law to deduct or withhold amounts otherwise payable to Yabale hereunder, You agree to pay the required amount to the relevant governmental authority and pay to Yabale, in addition to the payment to which Yabale is otherwise entitled under this Agreement, such additional gross-up amount as is necessary to ensure that the net amount actually received by Yabale free and clear of all taxes equals the full amount Yabale would have received had no such deduction or withholding been required.
All prices and fees are subject to change by Yabale at its own discretion through a 30 day prior notice. Price changes shall enter into effect as of the lapse of Your subscription period or Your respective billing cycle as applicable. If you do not agree to any such change, cease any use or otherwise access the Service.
If you pay or attempt to pay by fraudulent means, Yabale reserves the right to immediately and permanently terminate your access to the Services, with no liability to You and no obligation to return Your data, and possibly seek criminal penalties. In the event that Your account is delinquent, Yabale reserves the right to suspend Your access to the Service, with no liability to You, until such amounts are paid in full. You agree that Yabale may impose a charge to restore archived data from delinquent accounts. Unpaid charges (except those charges under reasonable and good faith dispute) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all collection expenses.
To dispute an invoice, You must contact Yabale writing no later than thirty (30) days after the billing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. You agree to retain complete, clear and accurate records regarding Your use of the Services and agree to submit to a reasonable audit of this information upon reasonable notice by Yabale.
General Terms & Conditions
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without any liability to you, including forfeiture of any username for any reason. If we terminate your access to the Service, your User Content and all other data will no longer be accessible through your account; however, those materials and data may still appear within search engines results and may be included in analysis conducted by Yabale to improve the Service and future offerings.
Upon termination, all licenses and other rights granted to you by Us in these Terms will cease immediately. Users who violate any of the provisions of these Terms shall be subject to having their account revoked and/or be excluded from the Service. We further reserve the right, in Our sole discretion, to publish the information of any User who violates any of the provisions of these Terms. It is clarified that the termination shall not affect the rights of Yabale with respect to the license granted by you to Us in your User Content as set forth hereunder, and such license shall be unlimited, with respect to duration, scope, contents or otherwise.
We reserve the right to refuse access to the Service to anyone for any reason at any time, and you hereby waive and shall be prevented from raising any claim and/or demand from Us in this respect.
We may, but have no obligation to, remove, edit, block, and/or monitor User Content or accounts containing User Content that we determine, in our sole discretion, violates any provisions of these Terms.
We may display advertisements and promotions as part of the Service, and you hereby agree that We may place such advertising and promotions on the Service. The manner, mode, extent and changes of such advertising and promotions are subject to Our sole consideration.
You acknowledge that We may not identify paid services, sponsored content and/or commercial communications as such.
The Service contains content solely and exclusively owned by, or licensed to, Yabale (“Yabale Content”). Yabale Content is protected by copyright, trademark, patent, trade secret, and other intellectual property rights, and Yabale owns and retains all rights and title in and to the Yabale Content and the Service. You may not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights incorporated in or accompanying the Yabale Content and you may not reproduce, modify, reverse engineer, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Yabale Content.
The Yabale name and logo may be copyrighted to Yabale and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Yabale. In addition, all page headers, custom graphics, and button icons are service marks, trademarks and/or trade dress of Yabale, and may not be copied, imitated, or used, in whole or in part, without prior written permission from Yabale.
You agree that you shall not perform, either directly or indirectly, any act or omission which may in any way jeopardize or adversely affect the validity or enforceability of or otherwise infringe or misappropriate any of Our rights, titles, and interests in and to the Website, the App, the Service, Yabale Content, its software, the Information, including but not limited to, its components and methods, all information provided by the Service, or any intellectual property and any property and proprietary rights related thereto (jointly “Yabale Rights”). You further agree that you will not oppose or contest any application by Us and/or by any of Our affiliates in connection with the Yabale Rights, in any jurisdiction or under any law and/or treaty, and shall assist Us or any of our affiliates in any such process, including by way of execution of any required document or instrument.
Yabale Content may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to the Service. Without derogating from the provisions of the disclaimer and limitation of liability below, Yabale shall not assume responsibility or liability for any such inaccuracies, errors, or omissions, and shall have no obligation to provide the Service or to refer to information affected by such inaccuracies. Yabale reserves the right to make changes, corrections, cancellations, and/or improvements to the Yabale Content, and to the Services described in such information, at any time without notice, including after confirmation of a certain transaction.
It is Our intention to keep the Service available at all times. However, there may be occasions when the Service may be interrupted, including, without limitation, for purpose of performing scheduled maintenance or upgrades, for emergency repairs, or due to failure of the Internet, servers, communication links, and/or equipment.
We do not guarantee the quality, accuracy, or reliability of any information provided under the Service, including the Information. If you choose to use the information or functionality provided under the Service, you do so at your own risk and sole responsibility and We shall bear no responsibility in any such respect. You are highly encouraged to verify the correctness of any information or output generated using the Services prior to publishing it or relying thereupon.
If you infringe other people’s intellectual property rights, we shall be entitled to disable your account and forbid future access to the service.
You acknowledge that you are at least of legal age allowing you to perform transactions in your country of residency, in order to use the Service, and in any event not under the age of thirteen (13). If you are younger – any use by you of the Service shall be considered an unauthorized use and a breach of the Agreement and shall entitle Us, without derogating from all other remedies available to Us by law or in agreement, to terminate you as a User forthwith.
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity and acknowledge additional provisions and policies may apply for use in the Services by such legal entity, as may be determined from time to time by Yabale.
You are solely responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights to any third party. You also represent that all information you provide to Us upon registration and at all other times will be true, accurate, current, and complete, and you agree to update your information as necessary to maintain its accuracy.
You are solely responsible for keeping your password (if any) secret and secure. You shall further be solely responsible for all telephone, computer, modem, and other equipment and software necessary to access and use the Service, and for all charges necessary or applicable for such access and use.
You obligate that when using the Service you shall not do any of the following: (i) post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos, or illegal content; (ii) defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities; (iii) try to sabotage or otherwise hinder the Service, including as set forth in Sections 6.17 and 6.18 below; or (iv) post private or confidential information, including, without limitation, any other person’s credit card information, social security or national identity numbers, non-public phone numbers or non-public email addresses. If you do any of the above actions, We shall be entitled to immediately terminate your account and you shall be prevented from using the Service.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content (as defined below), including but not limited to, intellectual property rights and privacy protection laws.
You are solely responsible for your conduct and any data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other content or materials, including educational materials, lessons, and Exams (collectively, “User Content”) that you generate, submit, post, share or display on or via the Service. Please note that any User Content generated by the Services, especially through access to Third Party Services may be subject to copyright or other intellectual property rights. Any upload or release of any User Content (including to your online merchant accounts or other Third Party Services) is subject to your express approval for the use and upload thereof, and you are required to verify that the use and upload of such User content does not infringe the copyrights or other intellectual property rights of any third parties.
Any User Content you authorize for use and upload and/or submit to Us is subject to your personal responsibility and use thereof is made at your own risk. You hereby agree that you will be held liable for upload, copy and use of such User Content. In any event you acknowledge that Yabale shall not bear any responsibility or liability for any of the abovementioned User Content.
You represent and warrant that: (i) you own the User Content approved for use and upload by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your User Content on or through the Service does not violate, misappropriate, or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; and (iii) you agree to pay for all royalties, fees, and any other monies owed by you with respect to User Content you post on or through the Service.
Yabale reserves the right to remove any User Content from the Service for any reason, without prior notice. User Content removed from the Service may continue to be stored by Yabale, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Yabale encourages you to maintain your own backup of your User Content. In other words, Yabale is not a backup service and you agree that you will not rely on the Service for the purposes of User Content backup or storage. Yabale will not be liable to you for any modification, suspension and/or discontinuation of the Services, or the loss of any User Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure, and when submitting User Content you do so at your own risk and sole responsibility.
You agree that Yabale is not responsible for and does not endorse User Content used or uploaded through the Service. Yabale does not have any obligation to prescreen, monitor, edit, or remove any User Content.
Yabale provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content generated or uploaded via the Service. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. Yabale reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service, with or without notice for any reason whatsoever. You agree that Yabale will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage (including total and complete loss) incurred by use of the User Content, the removal/modification or blocking of any User Content, or for any failure to or delay in removing User Content.
You may not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or with Yabale.
You may not send unwanted e-mails, comments, likes, or other forms of commercial or harassing communications (also referred to as “spam”) to Users or to any third party, and if you do so you shall bear all consequences arising there from.
You agree that you will not use any device, software, or other instrumentality to interfere or attempt to interfere with the proper working of the Service and/or servers and/or networks connected to the Service, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device or manual process to monitor, scrape, or copy the Service or the Yabale Content (as defined below) contained therein, or any aspect and/or part of the Service or the Yabale Content.
You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict, tamper or otherwise affect the proper operation of the Service in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, spyware, malware or any other destructive or disruptive means or technologies. You may not inject content or code or otherwise alter or interfere with the way any page is displayed in a User’s browser or device.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not misrepresent and/or provide false or misleading information, including but not limited to, cloaking or altering the information and/or Information, including identification of the source, time and location any contact was made with the Service via the Internet.
You shall not attempt to restrict another User from using or enjoying the Service and you must not encourage or facilitate violations of these Terms.
Violation of these Terms may result in termination of your account subject to Our sole discretion. You understand and agree that We cannot and will not be responsible for the User Content posted on the Service, and you use the Service solely at your own risk. If you violate, act against these Terms or otherwise create risk or possible legal exposure for US, We shall be entitled to stop providing all or part of the Service to you, and you hereby waive and shall be prevented from raising any claim and/or demand from Us in this respect.
Notifications and Service Messages.
You agree that Yabale may communicate with you through your account or through other means, including e-mail, mobile number, telephone, organizational messaging service, or delivery services including the postal service about your Yabale account or Services associated with Yabale. You acknowledge and agree that We shall have no liability associated with or arising from your failure to do so and to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
Disclosure of User Information.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Yabale to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that We provide.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE SERVICE AND YABALE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE, NOR ANY PARENT, SUBSIDIARY OR CONTROLLED ENTITY, OR ANY OF THEIR EMPLOYEES, SHAREHOLDERS, DIRECTORS, MANAGERS, OFFICERS, OR CONSULTANTS (COLLECTIVELY, THE “YABALE PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE (INCLUDING THE WEBSITE AND APP); (B) YABALE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICE. IN ADDITION, YABALE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES.
YABALE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. YABALE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YABALE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES. IN SUCH JURISDICTION THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND TO THESE TERMS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
YABALE IS NOT RESPONSIBLE, AND MAKE NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS) OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT SENT THROUGH THE SERVICES.
YABALE AND YABALE PARTIES DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DO THEY HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY USERS; THEREFORE, YABALE AND YABALE PARTIES DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
Limitation of Liability
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES WILL YABALE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) YABALE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, WASTED TIME, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE YABALE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR TOTAL LOSS OF THE SERVICE).
IN NO EVENT WILL THE YABALE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE, OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY, UNLESS AS SET FORTH IN THE LAST PARAGRAPH BELOW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH JURISDICTIONS THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL YABALE PARTIES` TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CLAIMS EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE YABALE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE YABALE PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
YABALE PARTIES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE YABALE PARTIES, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH PARTIES.
You and anyone acting in your name and on your behalf agree to defend (at Our request), indemnify, and hold the Yabale Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your User Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by the Yabale Parties in the defense of any claim. Yabale Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the Yabale Parties.
Governing Law; Jurisdiction
This Agreement or any claim, cause of action or dispute (“Claim” or “Claims”) arising out of or related to this Agreement shall be governed by the laws of the state of Israel (without giving effect to its conflict of laws principles) and the competent courts located in the city of Tel-Aviv, Israel, shall have sole and exclusive jurisdiction with respect to any Claims, unless provisions of applicable law are contrary to the aforementioned governing law and venue of jurisdiction provisions. You agree to submit all such Claims to the personal jurisdiction of such courts for the purpose of litigation. Notwithstanding the above, you agree that Yabale shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. It is further clarified that the provisions of the United Nations Convention for the International Sale of Goods shall not apply to this Agreement
Statute of Limitations Agreement
In light of the special nature of the Agreement, you agree that notwithstanding any statute of limitations applicable to you, any claim you may have against Yabale and/or Yabale Parties and/or any of its affiliates shall be limited to twenty four (24) months as of its realization, and after such period shall be considered as not applicable, provisions of this section shall be deemed as a statute of limitations agreement between you and Us.
If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Yabale services, third-party content or third party software.
No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by Yabale and/or any Yabale Parties shall be deemed legally binding on Yabale and/or any Yabale Parties unless documented in a physical writing hand signed by a duly appointed officer of Yabale.
No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services
Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you.
Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the terms and conditions or other matters by displaying such notices or links to revised terms and conditions on the Service. Notice to Us may be made by email to: [email protected].
Yaballe supply original gift cards directly from Amazon Online (amazon.com) with original invoice. We can issue an original invoice for any code purchased from Yaballe.
In any case, Yaballe will NOT take any responsibility for the users Amazon account (Before or after redeeming the gift card).
By buying and redeeming the gift cards, the user understands the that the Amazon account is under his only responsibility and Yaballe will not be responsible to it.