YAP MOBILE APPLICATION: TERMS & CONDITIONS
Acceptance of the Terms
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE MOBILE APPLICATION IN ANY MANNER
You hereby represent that you possess the legal authority to enter into these Terms on your and your organization’s (if applicable) behalf and to form a binding agreement under any applicable law, to use the Mobile Application in accordance with these Terms, and to fully perform your obligations hereunder.
For the avoidance of doubt, any act or omission performed by you in connection with the Mobile Application shall obligate you and your organization (if applicable).
You can contact us through the Mobile Application:
- Email: [email protected]
- Helpline: 600551214
PRODUCTS FACILITATED BY YAP:
- The YAP Solutions (as explained below) are facilitated by YAP pursuant to the ICA, BIN and IBAN sponsorship of the The National Bank of Ras Al Khaimah (P.S.C) under the Interbank Card Association (ICA) Number 20186 (“Sponsor Bank”). By accepting these YAP Terms and Conditions you also accept and are bound by the Sponsor Bank Account Opening Terms and Conditions available at https://rakbank.ae/wps/portal/footer/terms-and-conditions. We suggest that you go through the same.
- Pursuant to the licenses and authorizations received by YAP, the following products and solutions shall be available to the Customer (“YAP Solutions”).
- YAP IBAN Account
- YAP Debit Cards
- YAP Multi-Currency Card
- YAP Prepaid Cards
- YAP is acting as a digital platform provider and program manager for offering banking solutions sponsored and hosted by the Sponsor Bank.
In these Terms, the following words and phrases have the meanings shown next to them. The words capitalized but not defined herein in these Terms shall have the meanings ascribed to them in the YAP Terms and Conditions and the Sponsor Bank Account Opening Terms and Conditions. In the event of conflict between YAP Terms and Conditions and the Sponsor Bank Account Opening Terms and Conditions, the latter shall prevail.
- Banking Services: means any kind of banking service(s) offered by YAP under the sponsorship of the Sponsor Bank to the Customers such as and without limitation to, digital banking, phone banking, withdrawals, deposits and payments through automated teller and/or cash deposit machines, making payments through internet or any other technology, and/ or any other kind of Services provided to the Customer at any time;
- Beneficiary: means a person whose bank card number or bank account number has been provided by the Customer to YAP for the transfer of funds from the Card and/or the Customer Account to the Beneficiary bank’s card or account.
- Card: means the any of the physical or virtual, YAP Debit Card and/or YAP Prepaid Card with a magnetic strip or chip or antenna, either contact or contactless, that electronically permits Cardholders to initiate Transactions with the entry of a personal identification mechanism (e.g. PIN) managed and distributed by YAP pursuant to these App Terms;
- Customer: shall mean anybody corporate or individual customer whom YAP Solutions are provided pursuant to these App Terms and any other terms and conditions or agreements of the Sponsor Bank. In cases of body corporates, the term ‘Customer’ shall be deemed to include any user authorised by such an entity to conduct Transactions using any YAP Solutions.
- Customer Account: Shall mean the any account created by a Customer with YAP using this Mobile Application for use of any YAP Solutions. Such account shall only act as a link to any account created with the same IBAN and/or Customer details by the Sponsor Bank for the Customer.
- Debit Card is a Card that upon undertaking a Transaction the funds are immediately debited from a Cardholder’s account.
- Fund Transfer shall mean the transfer of funds from Customer Account to Beneficiary’s account pursuant to these App Terms and the Sponsor Bank Account Terms and Conditions and the YAP Fund Transfer & Remittance Terms and Condition
- IBAN: means the set of international bank account numbers which will be facilitated by Sponsor Bank to YAP for allocation to Customers.
- Prepaid Card: means a general-purpose reloadable Card or any store value Card that may be used to undertake POS or ATM Transactions using money that has been loaded onto the Card in advance and is not linked to any bank account of the Card holders.
- Remittance: means a funds transfer from a Customer Account to any account maintained by the Customer or a third party with another Bank or to the Beneficiary’s account.
- Transaction: means (i) an ATM transaction, a POS transaction or a smart kiosk transaction which is initiated at a Terminal through the use of a Card and a PIN, or (ii) a transfer which is initiated at a computer terminal or by a telephone using an interactive voice response system and which requires the use of a PIN, password and/or other authentication method.
- YAP Debit Card: shall mean the debit card facilitated by YAP for use of debit facilities for the appropriate YAP IBAN Account.
- YAP IBAN Account: shall mean the account created by the Customer with YAP by obtaining IBAN from the Sponsor Bank. Such account shall only act as a link to any account created with the same IBAN by the Sponsor Bank for the Customer.
- YAP Multi-Currency Card: shall mean the multi-currency card facilitated by YAP for use of debit facilities in multiple currencies in various jurisdictions specified by the Sponsor Bank for the appropriate Customer Account.
- YAP Prepaid Cards: shall mean the Prepaid Cards facilitated by the YAP for use of prepaid facilities specified by the Sponsor Bank for the appropriate Customer Account.
3. ELIGIBILITY FOR USING YAP SOLUTIONS:
- If you’re under the age required to manage your own Customer Account, you must have your parent or legal guardian’s permission to use a Customer Account. Please have your parent or legal guardian read these terms App Terms together with any other YAP Terms and Conditions.
- If you’re a parent or legal guardian, and you allow your child to use or access the YAP then these Terms along with other YAP Terms and Conditions applies to you and you’re responsible for your child’s activity on the YAP Solutions and/or Services and are bound by these Terms.
- Be advised: Some of YAP Solutions will have additional age requirements and will not be available to minors including YAP IBAN Account
- YAP does not and will not knowingly solicit or collect information from anyone who is not of the age of majority. Should we retrospectively become aware that a minor has provided us with Personal Data where such Services and / or Facilities are unavailable to minors, we will erase such information it immediately initiate the request with Sponsor Bank to close the related Customer Account.
- The Customer shall provider a valid Emirates ID along with any other identification document requested by YAP for use of YAP Solutions
- The Customer shall not be a citizen or taxable resident of United States.
4. FUND TRANSFER AND REMITTANCE:
Fund Transfer and Remittance
- Fund Transfer services to Beneficiary’s account within or outside UAE shall only be available for YAP IBAN Account holders pursuant to these App Terms. The Customers can also avail the services of Remittance using money transfer services offered and authorized by the Sponsor Bank.
- Funds can be transferred from Customer Account to any Beneficiary account within or outside UAE. The Fund Transfer and Remittance services and shall only be available for YAP IBAN Account and YAP Debit Card holder.
- YAP Prepaid Cardholders can only be eligible to avail the Remittance services after additional checks and approval by YAP and Sponsor Bank.
- The Customer will be responsible for maintaining, adding, and deleting Beneficiary’s names and details for any funds transfer request. To add a Beneficiary the customer must enter the applicable verification code when requested by YAP.
- All international transfer(s) will be affected in the home currency of the country in which payment is to be made, unless stated otherwise
- YAP reserves the right to decline any Fund Transfer request, if;
- Insufficient funds are available in Customer’s Account
- Beneficiary details provided are in-complete
- Fund Transfer request exceeds the permissible amount per day
- Request is non-compliant with current rules of the country
- Any AML compliance issues raised due to your request
- YAP shall have the right to request additional information from the Customer before initiating the Fund Transfer request. Payment instructions may not be completed or processed, until the additional details called for are provided by Customer.
- Customer understands that the funds are transferred by electronic fund transfer and are subject to cut-off time and stipulated daily limits of the Sponsor Bank.
- Customer Account cannot be overdrawn. The Customer shall ensure sufficient drawing balance in the YAP IBAN Account or YAP Prepaid Card relating to the product and services provided by YAP Solutions, before making any payment or Funds Transfer or Remittance. No withdrawals by way of Mobile Application, YAP Debit, Prepaid or Virtual card or Electronic Instructions or any other manner will be issued in anticipation or realization of any other instruments or against any other effects. Neither YAP nor its Sponsor Bank shall be obliged to honor such debit instructions from Customers. All charges on such declined or unsuccessful transactions shall be borne by Customer.
- All charges mentioned at the time of transfer are exclusive of VAT.
- All outward transfers are sent entirely at the customer’s risk.
- The Customer agrees that in the absence of any specific instructions, all charges incurred outside the United Arab Emirates will be borne by the Customer.
- YAP shall initiate the debit of Customer Account with fees and charges applicable for use of YAP Solutions. Such fees and charges shall be in accordance with YAP’s Schedule of Fees & Charges made available to the Customer from time to time. Any changes to the method of calculation of the fees and charges, and any changes to the fees and charges generally shall be conveyed in writing to the Customer 60 (sixty) days prior to they come into effect in simple language for their understanding. If you, the Customer, disagree with the changes, please stop using YAP Solutions immediately.
- Charges for receiving mobile notifications messages shall be completely borne by Customer including those charges levied for SMS by a foreign operator if the relevant mobile phone has a roaming facility. The Customer agrees to receive any number of messages at any time.
Limitation of Liability for Funds Transfer and Remittance
- YAP acts as a third-party facilitator for the Remittance services which are provided in partnership with the Sponsor Bank. YAP shall in no way be responsible for any acts or omissions by the Sponsor Bank or any other Bank/financial institution at the Beneficiary level, including and without limitation to any modification, interruption, or discontinuation of such Remittance services.
- Customer understands that neither YAP nor Sponsor Bank will investigate any discrepancies between the Beneficiary’s name and account number and that it will act only as per the instructions of the Customer. If a Funds Transfer request identifies a Beneficiary by name and account number, the Bank may execute those instructions by reference to the account number only, even if the account number does not correspond with the Beneficiary’s name. The Customer understands that other bank/financial institutions may not investigate discrepancies between Beneficiary’s names and account numbers. Customer agrees that YAP and Sponsor Bank will act only as per the instructions of the Customer.
- The Customer agrees not to request for any Funds Transfer that are not permitted under these Terms and Conditions and/or in violation of any rules, regulations and laws as applicable. YAP is not responsible for any charges, costs or losses incurred as a result of any transactions that are not permitted due to restrictions imposed by the Beneficiary’s bank/financial institution or those imposed by law or any charges.
- YAP will, as part of its regulatory obligations, screen all outward and inward payments to satisfy itself that the payment does not breach any local or international regulations including any regulation in connection with restricted Beneficiaries.
- As part of this obligation, YAP and/or its agents and correspondents reserve the right to seek from the customer/remitter any additional information with respect to the parties involved and purpose of the remittance/payment instruction. YAP reserves the right to perform the screening process at any point during the processing of the payment instructions, even after handing over an intermediary receipt to the customer.
- Customer agrees to indemnify YAP, its Sponsor Bank, its agents and correspondents against any loss, cost, damages, expense, liability or proceeding which may incurred or suffered as a result of acting upon, delaying to act upon or refraining from acting upon the said instructions.
5. USE OF CARDS:
- The Customer agrees that any use of the Card, Card number or PIN by the Customer constitutes their authorization and consent to a Transaction.
- Customer cannot stop a transaction after it has been authorized and consented to by them and transmitted, or once the Customer has given the consent for a pre-authorized payment, subject to any fraudulent conduct or gross negligence by us or our suppliers.
- YAP or Sponsor Bank may refuse a transaction or suspend or terminate the right to top up your Card. YAP may do this if the,
- a Transaction might take the Customer over the available fund’s limits on the Card; or
- a Transaction might take the Customer over any of the Card limits; or
- YAP believes this is required to comply with any law, regulation or policy of any relevant regulator or government body.
- Availing the Card: The Customer shall receive the details of the Card including the delivery of the physical Card directly from the YAP Mobile Application.
- Expiry of the Card
- The Card’s expiry date shall be printed on the Cards. The Cards may not be used after the expiry dates.
- The Customer shall receive a renewed Card upon expiry.
- The Customer may request and receive information on most types of Customer Accounts for which the Customer is the YAP IBAN Account & YAP Debit Card holder or Prepaid Card holder
- YAP may restrict:
- The maximum number of YAP Debits Cards or YAP Prepaid Cards, accessible per Customer.
- Total YAP Prepaid Cards which the Customer can nominate for use on YAP.
- Customer use of YAP on any particular Card (e.g. YAP may limit the amount of any type of Transaction on a particular Account).
- YAP reserves the right to limit the amount and frequency of Transactions that a Customer may execute. YAP further reserves the right to introduce or amend any limits imposed in relation to any Transaction or proposed Transaction.
- YAP will endeavor to ensure the Mobile Application and Cards continue to function, but its operation may be subject to interruptions and/or require periodic modifications and improvements. To help reduce the risks, YAP may introduce or modify limitations on Transaction size, funds Transfer destinations and other features of the Mobile Application. For delays or interruptions of longer than 4 (four) hours, YAP shall endeavour to supply the users with a written notification, either through the Mobile Application or through an SMS.
6. NOTIFICATIONS AND SECURITY CODES:
- The Customer acknowledges that any Customer Account balance given to the Customer through the use of mobile notifications and email notifications shall not for any purpose whatsoever be taken as a conclusive statement of the Customer’s Account with the Sponsor Bank or Card usage.
- The Bank may, in its absolute discretion, post all mobile notifications to the mobile number of a Customer. The Customer acknowledges that in the future, the Bank may send mobile notifications and email notifications and triggers via additional mediums of communication.
- The Bank may from time to time, change the features of any trigger or mobile notifications and/or email notifications. It is the Customer’s responsibility to check all available mobile notifications and email notifications or triggers, which will be notified by the Sponsor Bank on the website and/or Customer’s mobile number/ email ID. The Sponsor Bank may from time to time and in its absolute discretion, add, delete, and/or modify the mobile notifications and/or email notifications and triggers without giving any notice to the Customer. Each such change is deemed to be binding whether or not the Customer has received specific notice of it.
- The Customer is advised:
- to remember the security codes and destroy any notification as soon as the Customer receives it.
- not to write down or record their security codes.
- that any security-related device must be kept physically secure, which includes making sure that security codes are not kept in any form (including by browser or any other software) in such a way that anyone using the same device can go through the security procedures using stored details
- to note the restrictions for usage of the security codes and any other authentication methods/devices as advised by YAP.
- The Customer is liable for the usage of the security codes and any other authentication methods used to access any of the services under YAP Solutions.
- For the purposes of these Terms, the receipt of security codes, passwords, notification or any communication by any of the authorized users of the Customer as specified in the information forms provided by the Customer to YAP shall be deemed to have been received by the Customer.
- The Customer irrevocably and unconditionally authorizes YAP to:
- access his Customer Account which will include all Transactions and payment authorizations on the Customer Account and Card as registered on YAP Solutions to affect any transaction and as permitted by the terms of Sponsor Bank.
- disclose to the service provider or any other third party, all Customer information in its possession, as may be required by them to provide services on YAP Solutions and payment instruments.
- record the Transaction details and agrees that all records generated by the Transactions arising out of use of YAP Solutions and payment instruments, including the time of the Transaction, shall be conclusive proof of the genuineness and accuracy of the Transactions.
- send any rejection message in relation to any instructions or proposed Transaction, if it finds that the request sent by the Customer is not in accordance with these Terms & Conditions.
- introduce any new Service(s) through YAP Facilities and/or YAP Solutions at any time in future and undertake transactions using such new Service(s) when a request is received.
- The Customer acknowledges and agrees that when YAP or its service provider effects a Transfer or Remittance from or to any of the Customer Accounts or Cards, YAP and its Service Provider are acting as the Customer’s agent, and not as the agent or on behalf of any third party. The Customer agrees that YAP, its affiliates, service provider and partners shall be entitled to rely on the foregoing authorization, agency and authority granted by the Customer. YAP shall be under no obligation to accept any amendment or cancellation of any instruction by the Customer.
- Customer irrevocably authorizes YAP to accept and act upon all instructions for financial transactions and non-financial transactions provided via the YAP Solutions by the Customer.
8. EQUIPMENT/MOBILE APPLICATION:
- YAP may at its sole discretion amend or cancel any Services available on YAP Facilities and/or any YAP Solutions at any time without giving prior notice to the Customer.
- The Customer is solely responsible for ensuring that the Mobile Device or other equipment with which Customer accesses and uses YAP Solutions are suitable for such use and are functioning properly (including at any time providing sufficient storage for downloading data).
- Customer will be permitted to download the Mobile Application for installation into the Customer’s and be granted a limited, non-exclusive, non-transferable right to use the Mobile Application, provided the Customer agrees to:
- not use the Mobile Application for any purpose other than to access the services of YAP Solutions on the Customer’s Mobile Device;
- not permit or enable any person to access YAP Solutions, or leave the mobile device or equipment unattended in such a manner as to enable others to access the Facilities;
- neither reproduce, modify or reverse engineer, modify or decompile YAP Solutions nor permit any other person to do so;
- not permit any person to access the Security Codes or otherwise enable any person to download a copy of YAP Solutions.
- The Customer acknowledges that the Mobile Application and all YAP Solutions are owned, proprietary or licensed to YAP.
- The Customer agrees to upgrade to the latest updated versions of YAP Solutions when notified.
- YAP is not required to support all the versions of Mobile Devices, other equipment or operating systems.
9. CUSTOMER RESPONSIBILITIES:
- The Customer is responsible for protecting their security codes, passcodes, passwords to access YAP Solutions.
- Authorized User: The Customer shall be responsible for acts and omissions of its authorized users for use and access to the YAP Solutions. For the purposes of YAP, only the users registered as Authorized Users at the time of opening of Customer Account or by way of subsequent written notification to YAP through the Mobile Application or any of YAP Solutions shall be deemed to be an Authorized User. The Customer shall provide with the appropriate mobile number, e-mail address and contact information. At the time of opening of Customer Account, the Customer shall verify and provide the details of Authorized Users who shall be eligible to receive the notifications, passwords, security codes to access the YAP Solutions or carry out the Transactions.
- The Customer accepts that for the purposes of the use of YAP Solutions, any instructions or Transaction emanating from the given registered device or mobile number shall be assumed to be initiated by the Customer.
- The Customer shall request YAP, via YAP Solutions or the Customer service center, to suspend or block the Card, change mobile number if the mobile device is lost or the mobile device or mobile number has been allotted to another person.
- The Customer shall immediately inform YAP of any change in the mobile number or if the Customer becomes aware of any unauthorized transaction on his YAP Account.
- It shall be the responsibility of the Customer to ensure they are updated regarding any information relating to YAP Solutions and have read all notifications sent to them by YAP.
- The Customer shall be responsible for providing the correct Beneficiary details for any Transaction.
10. CONFIDENTIALITY AND DISCLOSURE:
- To the extent not prohibited by applicable law, YAP shall be entitled to transfer any information including Personal Data relating to the Customer for utilization of YAP Solutions to and between its subsidiaries, affiliates, representatives, auditors, service providers or other third parties selected by YAP, wherever situated, for confidential use in connection with YAP Solutions. YAP shall be entitled at any time to disclose any and all information concerning the Customer within the knowledge and possession of the YAP to any financial institution or regulatory body. This clause will survive the termination of this Agreement.
- YAP shall make all reasonable efforts to ensure that Customer information is kept confidential. However, YAP shall not be responsible for any divulgence or leakage of confidential Customer information where YAP is not in breach of confidentiality laws or the regulations of the United Arab Emirates and the Dubai International Financial Centre.
- YAP does not warrant confidentiality or security of the messages and notifications whether personal or otherwise transmitted through YAP Solutions. YAP makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the Customer, resulting from or in connection with YAP Solutions.
- The Customer unconditionally accepts that some information regarding YAP Solutions, messages, notifications or triggers may be transmitted to or stored at various locations accessible by YAP personnel and its affiliates within or outside the United Arab Emirates. The Customer authorizes YAP to provide information or details relating to the Customer’s Account and preferences for messages, notifications or triggers, within or outside the country.
- YAP will not act on any Instructions via e-mail nor will YAP and the Customer transmit to the other, any information of sensitive nature via e-mail. In an event that the Customer uses e-mail communications, YAP shall in no circumstances be liable for any loss or damage arising from such use.
11. ACCURACY OF INFORMATION AND AUTHENTICITY OF TRANSACTIONS:
- Customer takes the responsibility for the correctness and accuracy of information supplied to YAP using YAP Facilities and/or YAP Solutions or through any other means such as written communication, or customer service call center.
- Customer accepts that in case of any discrepancy in information provided to YAP, the onus shall be upon the Customer only. If Customer suspects an error in the information supplied to YAP, they shall rectify the error immediately. YAP will endeavor to correct the error promptly wherever possible on a best effort basis.
- YAP shall not be responsible for any incidental error which occurs in spite of necessary steps being taken to ensure the accuracy of the information provided to the Customer and no claim shall be brought against YAP in an event of loss or damage suffered by Customer as a consequence of the inaccurate information provided to YAP.
- YAP is not required to make any investigations regarding the identity of the user gaining access to YAP Solutions, other than the security codes provided in the security procedure and/or any other additional security methods implemented by YAP at its absolute discretion.
- YAP can reasonably rely on the authenticity of Transactions conducted by the Customer by accessing the Mobile Application security codes and the security procedures. If YAP has reason to doubt the genuineness of any Instruction or Transaction, it may, in its own discretion, choose not to process such Transaction initiated by Customer.
- The Customer is responsible for the accuracy of information submitted to YAP and YAP shall not bear any liability for any loss or damage arising from any erroneous or insufficient information provided to YAP.
- The Customer agrees that YAP may at its sole discretion include additional products or services or discontinue some of the existing products and Services available on YAP Facilities and/or YAP Solutions.
- The Customer undertakes to provide any additional information or documents that may be required by YAP prior to providing any existing/modified/additional Service under YAP. Where a Customer fails to comply with such requirements, the Customer shall not be eligible for such existing, enhanced or modified products and services and YAP will be entitled to withdraw the Services provided earlier.
- The Customer irrevocably and unconditionally accepts that any Transaction and/or Instruction made or given through YAP will be entirely at the Customer’s own risk and responsibility. YAP’s record of any Transaction or Instruction processed in connection with the products and services offered on YAP will be binding and conclusive evidence of such Transaction or Instruction for all purposes.
- The Customer agrees that all security procedures used and implemented by YAP are reasonable and adequate. The Customer shall safeguard and ensure that the security procedures are kept secret at all times and shall diligently safeguard from disclosure and use by any other person(s), the Customer’s security codes/passcodes / PINs, or any other authentication methods/devices, not to be disclosed to any third parties or unauthorized personnel.
Customer will have access to YAP’s network 24 hours/7 days, except for any planned or unexpected shutdowns during operating and non-operating hours. The Customer acknowledges that such shutdowns may result in either partial or no access to YAP. YAP reserves the right to record in its information systems all data concerning any communication or action relating to any Transactions. YAP will use reasonable endeavors to execute Instructions as soon as these are received from the Customer and accepted by YAP’s information systems but does not guarantee any indicated turnaround time. The date and content of each Instruction will be verified by any means available to YAP.
- YAP undertakes to use reasonable care that security codes or password shall not become known to any employees or agents unless it is necessary for them to have such knowledge and it is within the regulations to do so. It is the responsibility of the Customer to set the security codes during registration and to change it regularly when required in order to secure confidentiality and security.
- Customer undertakes not to disclose access rights or any confidential information regarding YAP Facilities and/or YAP Solutions, and to always treat them as strictly private and confidential. It shall remain Customer’s responsibility to ensure that the security codes and passwords and all confidential information are kept secret and not used by anyone else for any fraudulent purpose. In the event of such security codes or passwords becoming known to someone other than the Customer, YAP shall not be responsible for any loss or damage which may occur as a result of such breach. Customer shall inform YAP immediately if they become aware of such breach.
- In the event that the Customer loses possession or control of any mobile or electronic device on which the YAP Solutions are installed, or any payment instrument, the Customer must immediately notify and instruct the YAP by contacting the customer care number to revoke the security codes or password, or block the Cards. Any Instructions received by the YAP prior to receipt of such notification shall be deemed to have come from the Customer and YAP shall be entitled to rely on such Instructions, whether they actually originated from the Customer or not and will be indemnified from any security breach. The Customer shall be liable to YAP for any kind of unauthorized or unlawful use of any Security breaches mentioned in this clause or any fraudulent or erroneous instruction given, and any financial charges or liabilities thus incurred shall be payable by the Customer.
13. INDEMNITY AND LIMITATION OF LIABILITY:
- In consideration of YAP agreeing to provide YAP Facilities and/or YAP Solutions to the Customer, the Customer hereby irrevocably agrees to indemnify and keep YAP indemnified, at all times hereafter, from all losses, damages, costs, legal fees, charges and expenses and consequences whatsoever, suffered or incurred by the YAP on account of any claims, actions, suits or otherwise instituted by the Customer, or any third party whatsoever, arising out of or in connection with
- the use of YAP Solutions and all Transactions initiated by the use of such solutions as well as Cards, whether with or without the knowledge of the Customer, or whether the same have been properly initiated or otherwise, the Customer hereby acknowledges that YAP has processed on the Instructions and authority of the Customer in accordance with these Terms and Conditions and other terms and conditions applicable to any specific product or service, as the case may be;
- a breach of these Terms and Conditions by Customer, which were contributed to or caused by negligent actions by the Customer or a failure on the Customer’s part to notify YAP within a reasonable time about any security breach;
- YAP supplying credit information to any relevant authority provided that such information has been supplied by YAP in good faith and with reasonable care; and
- The Customer further agrees and confirms that this indemnity shall remain valid and subsisting and binding upon the Customer notwithstanding any partial or full withdrawal from the Customer Account.
- Except as expressly provided in these Terms and Conditions, YAP, its employees, agents or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, even if YAP had been advised of the possibility of such damages or loss, suffered by the Customer, howsoever arising from or relating to:
- any use of or inability to use of YAP Solutions;
- any inaccuracy, incompleteness or misinformation or amount retrieved by YAP;
- the erroneous input of Instructions or any other information by the Customer;
- non-payment as a result of any error in the Beneficiary details submitted by the Customer, any failure to identify the Beneficiary or delay in payment to the Beneficiary at the receiving destination;
- any breach of security caused by the Customer or any third party;
- any Transactions entered into based on YAP Solutions or Cards;
- any loss of, unauthorized access to or alteration of information or data during processing or transmission;
- payment Instructions submitted to YAP where the time of receipt of such Instructions by YAP does not fall during the normal business timings of the YAP;
- YAP acting on the Customer’s Instructions;
- any Transaction limit or restrictions set by YAP or any third party;
- any unauthorized use of YAP Facilities and/or YAP Solutions or for any fraudulent, duplicate or erroneous transaction instructions provided by Customer;
- any unauthorized access by any other person or breach of confidentiality;
- any lapse or failure on the part of any service provider or any third-party affecting YAP;
- any unavailability or improper functioning of YAP Solutions for any reason including due to the location, mobile network availability and signal strength, proper functioning of hardware, software or the mobile device/phone;
- the non-delivery or delayed delivery of notifications, Instructions, information or payments or any error, loss or distortion in transmission of information or Instructions to or from the Customer;
- any delay, interruption, suspension, resolution or error of YAP in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the mobile device or electronic equipment of the Customer and the network of any service provider, or any breakdown, interruption, suspension or failure of YAP’s system or the network of any service provider and/or any third party who provides such services as is necessary to provide YAP Solutions.
- any dispute between the Customer and a Service Provider or any third party (whether appointed by YAP on their behalf or otherwise);
- use of YAP Solutions by any other person with an express or implied permission of Customer;
- the confidentiality, secrecy and security of the personal or Account information being sent through YAP Solutions to effect Instructions;
- disclosure of personal information to a third party by YAP, for reasons inclusive but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for statistical analysis or for credit rating.
- The Customer may access statements of all Transactions, transfers and payments effected or pending at any time. If any Transaction could not be completed, YAP upon learning that such transfer or payment have failed; will make reasonable efforts to complete the transfer/payment. If the transfer/payment fail a second time, YAP shall notify the Customer. YAP does not guarantee good and timely execution of Transactions and will not be liable for any direct, indirect, incidental, special or consequential damages from YAP’s failure to complete any Transaction under YAP Solutions or Cards, which was not intentional and resulted from a bona fide error, notwithstanding the YAP’s procedures to avoid such error, for instance:
- if Customer does not have enough available funds in their Account to make the transfer;
- if Customer’s mobile or electronic device malfunctions;
- if YAP’s browser or the processing center of YAP, or its third party agent, service provider, that are used for providing services under YAP Solutions are not working properly and the Customer was advised by the YAP before such Transaction was affected;
- if any circumstances beyond the control of YAP (such as fire, flood, computer failure or interference from an outside force) prevent the Transaction from being properly executed or completed;
- if Customer’s password or User ID have been reported lost or stolen or YAP has reason to believe that the Transaction is unauthorized;
- if the Transaction would violate any applicable provision of any risk control program or applicable policies, procedures or practices or laws or government regulations;
- if YAP has reasonable cause not to honor such transactions for YAP’s or Customer’s protection;
- if the Customer’s access to YAP Solutions has been suspended;
- if the funds available in the Customer Account are subject to legal process or other encumbrance restricting the transfer;
- if the payee has a mailing address outside the UAE or if the Instruction is to pay any taxes, or to make a court-ordered or directed payment; and any other exceptions stated to the Customer;
- If any change, alteration, additions or deletions to these Terms and Conditions or the systems of operation of YAP Solutions or daily cut-off times;
- for any partial, incomplete, late or failed transfer, Remittances or Instruction or Transactions to any payee/Beneficiary nominated under YAP Solutions due to any reasons beyond YAP’s control.
- YAP shall not be obligated to inform the Customer of a failure to affect any payment or execute any Transaction for any of the abovementioned reasons. YAP may at any time request from Customer’s, a confirmation of the submitted transfer/transactions. Customer declares that none of its Transactions shall contribute to the laundering of criminal proceeds and Customer assumes responsibility for the authenticity and lawfulness of its Transactions.
14. VIRUSES AND TECHNICAL PROBLEMS:
- YAP shall not be held liable for any harm caused by the transmission through YAP Facilities and/or YAP Solutions of a virus, or other code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of YAP Solutions or any of Customer’s software, hardware, data or property.
- The mobile telecommunication channel is subject to inherent technological deficiencies, network traffic congestion and other extraneous factors beyond YAP’s reasonable control. The Customer acknowledges and agrees that as a result of any of the above factors, there may be failure or delays in YAP’s receipt of Instructions and consequential failure or delays in the execution of Instructions, and/or the execution of Instructions at prices different from those prevailing at the time the Instructions were given. The Customer further acknowledges and agrees that there are risks of interception of Instructions and that such risk shall be borne by Customer. Customer also acknowledges and agrees that it is not usually possible to cancel an Instruction after it has been given.
15. INTELLECTUAL PROPERTY RIGHTS:
- Customer acknowledges that YAP is the owner of or has the right and ability to provide access to the requisite intellectual property rights to the Customer for the purposes of these Terms and Conditions.
- Customer acknowledges and agrees that any and all intellectual property rights relating to: (a) the implementation of these Terms and Conditions and (b) all materials, documentation YAP Solutions and subsequent amendments including user guidelines in any form for use in connection with the implementation of these Terms and Conditions, (c) whether such rights are existing prior to or are created after the commencement of these Terms and Conditions, shall constitute or become the property of YAP to the extent permitted by law. The Customer agrees to treat the access rights, documentation, intellectual property or any other information related to YAP as strictly private and confidential. Customer shall have no right, other than as permitted by these Terms and Conditions or as permitted by the prior consent of YAP (which may be withheld), to use, copy, reproduce, disclose or permit any other person or business entity to use or have access to such intellectual property rights. YAP shall have the absolute right to utilize the intellectual property rights to its benefit and advantage and to alter and/or improve any element or component thereof in any manner it deems fit at all times.
- Customer acknowledges and agrees that the Customer obtains no right or interest in the intellectual property rights by virtue of these Terms and Conditions.
- In relation to the intellectual property rights which are the subject of these Terms and Conditions the Customer shall abide by the following:
- neither the Customer shall sell, give, grant, assign or in any way dispose or attempt to dispose of the intellectual property rights to any third party, nor purport to engage in any such conduct;
- Customer shall not register or apply for registration of any intellectual property rights in any country, nor support or assist directly or indirectly any other party to do so;
- Customer shall not in anyway, infringe the intellectual property rights, nor support or assist directly or indirectly any other party to do so;
- Customer agrees to notify YAP as soon as it is aware of any infringement of YAP’s intellectual property rights or becomes aware of or suspects any unauthorized third party access to or use of intellectual property rights, and shall provide all reasonable assistance to YAP to prevent or limit the scope of such infringement.
- In case of the Customer’s violation of or infringement of the intellectual property rights by any means, YAP shall be entitled to take any legal action against the Customer it considers appropriate and seek compensation for such infringement and, without limiting the scope of its rights in this regard, it may also serve a notice to the Customer for the termination of these Terms and Conditions.
- The obligations of the Customer in this clause shall continue in force notwithstanding termination of these Terms and Conditions for whatsoever reason.
16. ELECTRONIC COMMUNICATION:
- The Service(s) offered under YAP Solutions are an electronic, internet-based service. Therefore, Customer understands and agrees that these Terms and Conditions will be entered into electronically, and that the following categories of information (“Communications”) may be provided by YAP to the Customer, by electronic means:
- these Terms and Conditions and any notices, amendments, modifications or supplements to it;
- records of transfers, payments and other Transactions done through utilizing the YAP Solutions, including without limitation confirmations of individual Transactions;
- any initial, periodic or other disclosures or notices provided in connection with YAP Solutions including without limitation those required by law;
- any Customer service Communications, including without limitation Communications with respect to claims of error or unauthorized use of the Service(s);
- all notifications sent in relation to transactions, transfers etc. or services used via YAP Solutions.
any other Communication related to YAP Solutions.
- All Communications in either electronic (or paper format) are considered to be “in writing”. Customer should print a paper copy of any important electronic Communication and retain the copy for their records.
- Communications may be posted on YAP Facilities and/or the Mobile Application or delivered to the e-mail address provided by Customer. Any electronic Communication (including e-mails) will be deemed to have been received by the Customer when YAP sends it to that Customer, irrespective of whether the Customer receives the communication.
17. SUSPENSION, REINSTATEMENT OF ANY SERVICES OR USE OF YAP SOLUTIONS:
- In the event that YAP at any time incurs a problem with the Customer’s use of any Service(s) under YAP Solutions, including without limitation a failure in attempting to debit any of the Customer’s Accounts or to collect with respect to any of transfers or payments, without limiting any other right or remedy that YAP may have under these Terms and Conditions or otherwise, then YAP reserves the right to suspend Customer’s right to use YAP Solutions immediately. The Customer understands and agrees that such action is reasonable for YAP to take in order to protect Customer’s Accounts and YAP from any loss.
- In the event of such suspension, Customer may request reinstatement of the Service(s) by contacting YAP Customer Service Center. YAP reserves the right to grant or deny reinstatement of Customer to use any of the Service(s) under YAP Solutions.
18. AMENDMENTS OR CHANGES TO YAP SOLUTIONS:
- Customer agrees that YAP may modify/change YAP Solutions or any Service(s), or Customer Accounts at any time without liability to YAP. YAP reserves the right to change the Terms and Conditions of a particular Service under YAP Solutions at its sole discretion.
- Any such changes and their simple language summary thereof shall be communicated to the Customer through the Mobile Application, the Facilities, or through other modes of communication in writing, 60 (sixty) days prior to the amendments taking effect. If you, the Customer, do not agree with any of these amendments, we suggest that you stop using the YAP Solutions immediately. Further, YAP shall take your express consent through the Mobile Application in relation to such changes.
19. NON-ELIGIBILITY FOR YAP FACILITIES AND/OR SOLUTIONS:
- YAP reserves the right, subject to applicable law, to discontinue, withdraw or terminate the Service(s) under YAP Facilities and/or YAP Solutions at any time and for any reason, including without limitation if YAP, in its sole judgment, believes that the Customer is engaged in activities that violate any of the terms under these Terms and Conditions or the rights of YAP or any of its service providers, or if the Customer provides YAP with false or misleading information.
- It is a condition precedent for use of YAP Solutions that the Customer shall have complete the KYC process and would have been approved by YAP or its service provider to be eligible for such services available under YAP Solutions. YAP or it service provider shall at its own sole discretion amend or update the eligibility criteria of using YAP Solutions.
- Customer may terminate their Customer Account directly via the YAP Solutions or by calling YAP Customer services center, by giving not less than 30 days advance notice to YAP. Notwithstanding the termination of Customer Account, Customer shall remain accountable for all Instructions and/or Transactions effected prior to any cancellation of all services.
- Customer shall ensure to empty the available funds in their Customer Account before termination.
- Customer shall be liable to pay all applicable fees in relation to an early termination of the Customer Account.
- YAP reserves the right to terminate any YAP Solutions provided to the Customer at any time by writing to the Customer if:
- The Customer does not make any payments that are due and still does not make payment within 14 (fourteen) days of YAP reminding the Customer that payment is due;
- The Customer does not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the YAP Solutions.
- The Customer does not, within a reasonable time, allow YAP to deliver the YAP Solutions to the Customer or collect them from YAP;
- The Customer is in material breach of the App Terms and does not rectify the material breach within 14 (fourteen) days of notifying the Customer of the breach.
21. MISCELLANEOUS PROVISION:
- Customer agrees that if any further Accounts or products or services are subscribed to by the Customer under YAP Facilities, then these Terms and Conditions shall automatically apply.
- No forbearance, neglect or waiver by YAP in the exercise or enforcement of any right or remedy arising from any of these Terms and Conditions will prejudice YAP’s right thereafter to strictly enforce the same.
- If any provision in these Terms and Conditions is found to be unenforceable, invalid or illegal, such provision will be deemed to be deleted and the remainder of these Terms and Conditions will be unaffected by such unenforceability, invalidity or illegality.
- YAP may without any prior notice to the Customer, at its own discretion assign the whole or any part of its rights and obligations under these Terms and Conditions. The obligations of the Customer may not be assigned in whole or in part, without a prior written consent YAP.
- Customer acknowledge that he is not a Politically Exposed Person (PEP), and if found by YAP or its Sponsor Bank as a Politically Exposed Person, the YAP or its Sponsor Bank may have the right to reject my Customer Accounts application
- Customer consents and agree that YAP or its Sponsor Bank:
- may disclose information regarding the Customer, including, but not limited to, information regarding the Customer’s personal and financial situation, defaults in payments and any other matter related to the Customer Account or any facilities or products made available to the Customer or over which the Customer has control, or otherwise with YAP or its Sponsor Bank (“Credit Information”) to any other commercial and investment banks financial institution, credit information company or entity debt collection agency or any local, federal or regulatory agency or any member of YAP or its Sponsor Bank’s group including any subsidiary or related company in the UAE or in any other jurisdiction irrespective of whether YAP operates or undertakes any form of business in that jurisdiction (each a “Relevant Entity”);
- may obtain any Credit Information relating to the Customer or any entity over which the Customer has control either as shareholder, authorized signatory or otherwise from any Relevant Entity and may apply or use such Credit Information in making any credit or other assessment in relation to my/our accounts or facilities (or proposed accounts or facilities) with YAP;
- shall have no liability or responsibility to the Customer including any entity over which the Customer has control either as shareholder, authorized signatory or otherwise or any third party relying on any Credit Information provided by YAP or its Sponsor Bank to any Relevant Entity (or, in the event of onward transmission of such Credit Information by that Relevant Entity) provided such Credit Information is provided in good faith and with reasonable care and without any requirement that such Credit Information be updated or checked by YAP or its Sponsor Bank in the event that my/our personal or financial situation or that of any entity over which the Customer has control either as shareholder, authorized signatory or otherwise may subsequently change or further information is provided by the Customer to YAP; and is providing Credit Information to each Relevant Entity for my/our benefit and accordingly YAP or its Sponsor Bank shall be indemnified by the Customer for any loss, cost, claim or damage incurred or sustained by YAP or its Sponsor Bank as a result of providing such Credit Information in the event that any third party (including any Relevant Entity) brings any claim related to the provision of or reliance on such Credit Information provided that such information has been provided by YAP or its Sponsor Bank in good faith and with reasonable care.
Terms & Conditions
By choosing to use or visit the www.yap.com (“Website”) or mobile application (“Application”) or payments platform (“Platform”) or any of the features, products, software, data feeds, and services included therein (hereinafter collectively referred to as “Facilities”), you signify your agreement to these terms and conditions (“Terms“) between yourself and YAP Group (YAP Holding Limited and/or any subsidiary of the YAP Group, namely YAP Payment Services Provider LLC) (hereinafter referred to as “YAP”, “we”, “us”, “our”). Our Website offers basic information regarding our companies, the Platform and the Application. Each of the Website’s Users may use the Website in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE FACILITIES IN ANY MANNER.
You hereby represent that you possess the legal authority to enter into these Terms on your and your organization’s (if applicable) behalf and to form a binding agreement under any applicable law, to use the Website in accordance with these Terms, and to fully perform your obligations hereunder.
For the avoidance of doubt, any act or omission performed by you in connection with the Website shall obligate your organization (if applicable).
2. The YAP Facilities
YAP operates as a digital program manager to facilitate a digital payment services platform and is engaged in providing certain facilities for utilization of payment services under the applicable payment network and Business Identification Number Sponsorship of a regulated Bank. YAP operates by tying up with strategic partners for providing the Facilities with BIN sponsors & Issuers; payment schemes provider; payment processors, personalization, distributing and logistics solutions. YAP is committed to complementing banks / financial institution offerings by targeting specific segments and providing them best in class day-to-day services.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON YAP FACILITIES ARE RESERVED BY YAP OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, YAP FACILITIES AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. YAP WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE FACILITIES AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF YAP FACILITIES AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
3. User Account
For the purposes of using the YAP Facilities, you are required to open and register a YAP account for transacting in and utilizing the Facilities (“User Account”).
- You shall be responsible for maintaining the confidentiality of your User Account details including your registered ID and password.
- You shall be responsible for all activities that occur in your User Account.
- You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Facilities.
- It is your responsibility to ensure that your contact details are updated at all times in the User Account.
- You agree to immediately notify us if there is unauthorized use or breach of your User Account.
- You shall exit from the account at the end of each session.
- You may be required to provide certain Personal Information while using the Facilities.
4. User Restrictions
There are certain conducts that are strictly prohibited when using the Facilities. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at our sole discretion) in the termination of your use of YAP Facilities and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by us, you may not (and you may not permit anyone to):
- use YAP Facilities for any illegal, immoral, unlawful and/or unauthorized purposes;
- use YAP Facilities for non-personal purposes;
- remove or disassociate, from YAP Facilities any restrictions and signs indicating proprietary rights of YAP or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®);
- interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access YAP Facilities and retrieve, index and/or data-mine information;
- interfere with or disrupt the operation of YAP Facilities or the servers or networks that host these Facilities, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse you, your site, your business or any statement you make, or present false or inaccurate information about YAP Facilities;
- take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us;
- bypass any measures we may use to prevent or restrict access to YAP Facilities;
- copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of YAP Facilities made accessible by us, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such content;
- copy, distribute, display, execute publicly, make available to the public, reduce to human-readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to our proprietary rights, including YAP’s Intellectual Property (as such term is defined below), in any way or by any means;
- create a browser or border environment around YAP Facilities;
- sell, license, or exploit for any commercial purposes any use of or access to YAP Facilities or the content thereto;
- frame or mirror any part of YAP Facilities without our prior express written authorization;
- create a database by systematically downloading and storing all or any of the content from YAP Facilities;
- transmit or otherwise make available in connection with YAP Facilities any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- use YAP Facilities for any purpose for which they are not intended; and/or
- infringe and/or violate any of the Terms.
- Be advised: Some of YAP’s facilities and services will have additional age requirements and will not be available to minors. This will be specified in respect of each such service or facility in YAP’s procedure of obtaining the required consent and permissions from Users. YAP does not and will not knowingly solicit or collect information from anyone who is not of legal age. Should we retrospectively become aware that a minor has provided us with personal information where such services and/or facilities are unavailable to minors, we will erase such information immediately and close the related User Account.
7. Intellectual Property Rights
YAP Facilities and YAP’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to YAP and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by YAP and its licensors.
Subject to the terms hereof, YAP hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to use YAP Facilities in accordance with the terms.
The Terms do not convey to you an interest in or to our Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of our Intellectual Property under any law.
To the extent you provide any feedback, comments or suggestions to us (“Feedback”), we shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of our current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies or services that incorporate any Feedback.
8. Trademarks and Trade Names
YAP’s marks and logos and all other proprietary identifiers used by us in connection with YAP Facilities (“YAP’s Trademarks”) are all trademarks and/or trade names of YAP, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on YAP Facilities belong to their respective owners (“Third Party Marks”). No right, license, or interest to YAP’s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
9. Linking to our Website and Links to Third Party Websites
Certain links provided on YAP Facilities permit our Users to leave the Facilities and enter non-YAP websites or services. Those linked websites and services are provided solely as a convenience to you. These linked websites and services are not under the control of YAP and we are not responsible for the availability of such external websites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked websites and services. In addition, YAP is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. We reserve the right to terminate any link at any time. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked websites or resource.
YAP Facilities’ availability and functionality depend on various factors, such as communication networks. We do not warrant or guarantee that YAP Facilities will operate and/or be available at all times without disruption or interruption, or that they will be immune from unauthorized access or error.
11. Changes to YAP Facilities
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently YAP Facilities (or any part thereof, including but not limited to the content) without notice, at any time. In addition, you hereby acknowledge that the content provided under YAP Facilities may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of YAP Facilities. You hereby agree that we are not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
12. Amendments to the Terms
YAP may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on YAP Facilities and will send you regarding such a change. Such material changes will take effect immediately after such notice was provided on YAP Facilities or notified to you, whichever is the earliest. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Website on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
13. Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, YAP FACILITIES AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND YAP, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS, VENDORS (COLLECTIVELY, “YAP’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE NOTE THAT THESE TERMS GOVERN SOLELY THE GENERAL USE OF YAP FACILITIES. ALL DISCLAIMERS AND WARRANTIES REGARDING YAP USER ACCOUNTSHALL BE GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN A SEPARATE SERVICES AGREEMENT BETWEEN YAP AND EACH USER.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF YAP FACILITIES IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF YAP FACILITIES AVAILABLE THEREON. YAP AND YAP’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF YAP FACILITIES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THESE FACILITIES.
THE CONTENT AVAILABLE ON YAP FACILITIES SHOULD NOT BE USED AS A BASIS FOR MAKING BUSINESS DECISIONS NOR SHOULD IT BE REGARDED BY YOU AS A SUBSTITUTE FOR SPECIFIC PROFESSIONAL ADVICE. YAP MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU AS TO THE ACCURACY, AUTHENTICITY OR COMPLETENESS OF THE CONTENT ON YAP FACILITIES, WHICH IS SUBJECT TO CHANGE AT ANY TIME.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
14. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL YAP, INCLUDING YAP’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE USE OF YAP FACILITIES, AND/OR THE CONTENTYOUR USE OR INABILITY TO USE THE FACILITIES AND/OR THE CONTENT AND/OR THE FAILURE OF YAP FACILITIES TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF YAP TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF YAP OR YAP’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER YAP OR YAP’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE ABOVE PROVISION, YAP DOES NOT ACCEPT ANY LIABILITY IN RESPECT OF YOUR INVOLVEMENT IN ANY MEDIATION, ARBITRATION, TRIBUNAL HEARING, COURT PROCEEDING OR OTHER PROCEEDINGS (OF WHATEVER NATURE) WITH ANY THIRD PARTY IN ANY WAY.
REFERENCE TO ANY SPECIFIC PRODUCT, PROCESS, OR SERVICE BY TRADE NAME, TRADEMARK, MANUFACTURER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT, RECOMMENDATION, OR FAVOURING BY YAP. THE VIEWS AND OPINIONS OF DOCUMENT AUTHORS DO NOT NECESSARILY STATE OR REFLECT THOSE OF YAP OR ANY OF ITS AFFILIATES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, YAP AND YAP’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE YAP FACILITIES AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY. YOU WILL NOT WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM YAP’S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless YAP, including YAP’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from (i) your use, misuse of, inability to use and/or activities in connection with YAP Facilities and/or the content therein; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Facilities; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to YAP Facilities. It is hereby clarified that this defence and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defence and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defence. You agree not to settle any matter subject to indemnification by you without first obtaining our prior express written approval.
16. Termination of these Terms and the Termination of the Website’s Operation
At any time, YAP may without notice discontinue your use of YAP Facilities, at its sole discretion, in addition to any other remedies that may be available to YAP under any applicable law.
Additionally, YAP may at any time, at its sole discretion, cease the operation of YAP Facilities or any part thereof, temporarily or permanently, delete any information or content from the Facilities or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving any prior notice. You agree and acknowledge that YAP does not assume any responsibility with respect to, or in connection with the termination of YAP Facilities’ operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
These Terms constitute the entire terms and conditions between you and YAP relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and YAP, (b) All matters relating to YAP Facilities and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of United Arab Emirates without giving effect to any choice or conflict of law provision or rule. (c) Any legal suit, action or proceeding arising out of, or related to, these Terms shall be instituted exclusively at the courts in UAE, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts. (d) You agree to waive all defences of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction, (e) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (f) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (g) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO YAP FACILITIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (h) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (i) We may assign or transfer these Terms without restriction or notification, (j) no amendment hereof will be binding unless in writing and signed by us, and (k) the parties agree that all correspondence relating to these Terms shall be written in the English language
If you have any questions (or comments) concerning the Terms, you are most welcome to contact us at [email protected] or by calling on 600551214