1. YAMOJA (The Service) is provided by YAMOJA and is a service of Artiq Mobile B.V, Stadhouderskade 85,1073 AT Amsterdam, the Netherlands with the technical assistance of Dialect Interactive. Helpline: 1800057154.
2. By sending an SMS to the short code promoted on our web advertisement, you acknowledge that you have read and understood and agree to be bound by these terms and conditions.
3. Be sure to return to these Terms and Conditions periodically to review the most current version. YAMOJA reserves the right at any time, at our sole discretion, to change or otherwise modify the Terms and Conditions without prior notice, and your continued access or use of the YAMOJA sweepstake and subscription service signifies your acceptance of the updated or modified Terms and Conditions.
4. The Service is open to Australian residents (subject to paragraph 5). Employees and agents of YAMOJA and their immediate families are not permitted to enter The Service. If you are under the age of 18 you must have the express permission of an adult or the express permission of the owner of the mobile phone.
5. If you send a message via SMS to the short code promoted on our web advertisement, you enter both a sweepstake and a subscription service. You also agree to receive non-rated marketing messages from YAMOJA.
6. The subscription contract shall remain in effect until terminated and/or cancelled by the user or YAMOJA. The subscription service will renew automatically.
8. The subscription to The Service allows the user to download mobile content made available during the subscription period on a content portal. Any rights to download any content during a subscription period expire once the subscription is terminated.
9. The subscription fee is $10 per week with a sign up fee of $5 + $0.25 per message sent. In addition to the subscription fee, the user will be responsible for any additional fees imposed by the user's mobile phone network service provider in connection with downloading or receiving material via The Service.
10. The winner will be selected by random draw. The determination of the winner of the trade promotion by YAMOJA will be final. Entrants will have no right of appeal.
11. YAMOJA reserves the right to replace the advertised prize with a cash alternative. If the prize advertised is replaced by cash the amount will be one of equal value to the prize on offer.
12. Winners will be contacted via a phone call to their mobile telephone number. If the winner does not answer their phone after two attempts, a new draw will take place. The winners of all competitions are announced on YAMOJA website. Winners are required to send a confirmation email to YAMOJA stating their current postal address their full name and mobile number. These details are checked against YAMOJA's records. If the confirmation email is not received by YAMOJA 28 days after the winner is first contacted, the prize is deemed forfeited. Prizes cannot be issued without this email confirmation. Prizes will only be sent to the address specified unless otherwise indicated by the winner. Prizes returned to YAMOJA unclaimed are deemed forfeited and will not be reissued at a later date.
13. If for some reason beyond YAMOJA’s control, it is not possible to supply the prize as advertised in its trade promotion, YAMOJA will supply a substitutable item of equal or greater value.
14. The prize is awarded within 28 days of the closing date for the promotion.
15. You can opt out of The Service at any time. To do so, send a text message stating "STOP" to 193666 / 194422 / 194433 depending on what short code you receive your messages from (standard SMS costs of $0.25 may apply). By doing this you will opt out of the subscription service. If you have qualified for the trade promotion you will still remain in the draw to win.
16. There are no other obligations, such as an obligation to purchase goods or services, connected to participation in The Services.
17. YAMOJA will collect personal information about entrants for the purposes of conducting The Service and awarding prizes. Data may be passed to Australian mobile operators upon their request. Also the Provider reserves the right to send free of charge marketing messages for YAMOJA or third party promotions purposes to customers who become subscribers. In accordance with the National Privacy Principles in the Privacy Act 1998 (Cth), you have a right to access most of the information YAMOJA holds about you. If your request is denied, you will be provided with reasons.
18. (a) Under the Trade Practices Act 1974 (Cth) and other statutes there are some warranties and conditions that cannot be excluded, restricted or modified or can only be excluded, restricted or modified to a limited extent.
(b) Other than the conditions or warranties referred to in paragraph 17 (a), YAMOJA has no liability to you.
19. If The Service is not capable of running as planned due to any reason (including, but not limited to fraud, a state of emergency, natural disaster, war, technical failures or any other causes) YAMOJA reserves the right to cancel, modify, terminate or suspend YAMOJA.
20. You release and agree to keep YAMOJA and Dialect Interactive indemnified from any claim, cost, demand, tax, liability or damage suffered or incurred by YAMOJA or its directors, employees or agents, arising out of entry into The Service.
21. YAMOJA is not responsible for any technical error that may occur during YAMOJA. This includes, but is not limited to, any omission, interruption, deletion, defect or delay in operation or transmission or failure of any telephone, mobile or satellite network.
22. YAMOJA is not responsible for any lost, late or incomprehensible entries in the trade promotions.
23. YAMOJA is not responsible for any tax implications that may arise from winning a prize in the trade promotion. You should seek independent financial advice about such matters.
24. Except for the promotion of the YAMOJA services on this website, these services are also promoted on other websites. Such promotions on other websites take place by and under the responsibility of third parties. YAMOJA cannot control such promotions and to the extent permitted by law, it herewith excludes all liability for damage that results from or is otherwise connected to such promotion by third parties.
25. Complaint Handling Policy
This Complaint Handling Policy aims to:
a) provide a framework for TMG I B.V employees to work with when handling Complaints from Customers;
b) ensure consistency within TMG I B.V in handling and resolving Complaints from Customers; and
c) assist TMG I B.V‘s commitment to provide quality products, services and customer service.
TMG I B.V. defines the term complaint as any expression of dissatisfaction or grievance made to TMG I B.V by a Customer or member of the public with any product or service of TMG I B.V, not including a request for information.
Complaint handling procedure: TMG I B.V’s customer care agents will provide reasonable information and assistance to ensure that Complaints are lodged effectively. Complaints may be lodged by phone on 1800427314 (toll free, during business hours), electronic mail to [email protected]. Complaints will be acknowledged and Customers can be advised of a reference that can be used to identify progress of their Complaint. By letter to Complaint Department, •Stadhouderskade 85,1073 AT Amsterdam, the Netherlands. TMG I B.V. has established, and will continue to develop, quality processes for the efficient acknowledgement and processing of complaints.
Response to Complaints: Complaints will be processed in a timely and efficient manner. Managing our customer's expectations realistically is IMOBIC GMBH’s goal. This involves the careful examination of each complaint and a resolution offered on the basis of that analysis.
Escalation of Complaints: Artiq Mobile I B.V.’s goal in the area of complaints handling is to finalise complaints at first contact.
26. These terms and conditions constitute the entire agreement between you and YAMOJA.
©2013 YAMOJA
Artiq Mobile B.V
Copyright Yamoja • Artiq Mobile I B.V (TMG I B.V.). • Stadhouderskade 85,1073 AT Amsterdam, the Netherlands • Chamber of Commerce registration number 34202967 • VAT number NL8129.06.810.B01