These Terms and Conditions govern your access and use of our YAMS web application
(https://yams.smbidigital.com.au) and related services (collectively, our “Web Service”).
This Web Service is owned and operated by Raul Ianchici ABN 91 885 022 521 trading as SMBI Digital (“we/us/our”).
By accessing or using the Web Service, you warrant and represent to us that you have read, understand and agree
to be bound by these Terms and Conditions, that you are over the age of 18 years and have the right,
authority and legal capacity to enter into a legally binding agreement and to abide by these Terms and Conditions.
This web service was designed and it is provided to you for entertainment purpose only.
It is strictly prohibited to use this web service for gambling, or commercial activities.
It is strictly prohibited to use the online messaging feature for harassment or any inappropriate or harmful content.
You may only use the Web Service and the content on the Web Service for the designed purpose.
You agree that you will not use the Web Service to:
- commit or encourage a criminal offence;
- data mine;
- transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious,
technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Web Service;
- corrupt data;
- cause annoyance to other users, or be disrespectful or discourteous to us or other users;
- infringe upon the rights of any other person's proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Web Service.
It is your responsibility to ensure that your conduct on the Web Service is compliant with all applicable laws and regulations. If you breach, or are suspected of breaching, any of these Terms and Conditions or any law (including but not limited to any law referenced in these Terms and Conditions) we reserve the right to terminate your account, prohibit you from using the Web Service for any period of time, and/or report your conduct to the police or any other relevant authority.
You can play our demo game without account registration with some limitations including no multiple players,
no capability of saving the game and no live messaging feature.
To have access to all the features, you need to register for a free account with the Web Service,
provided you comply with the eligibility criteria:
- you must be over the age of 18 years;
- you must have capacity to understand that you are making an account;
- you must provide us the correct information;
When you register for a free account you will receive for free 50 credits that you can use anytime without any further commitment.
We provide our services following the Pay as you Go model. When you use the free credits you may top-up with the chosen amount.
The credits will be available for you any time without any subscription or commitment, but the credits are non-refundable.
You can purchase more credits from your profile page and you can choose to pay with PayPal or any accepted credit or debit card.
Payments will be redirected and processed securely by PayPal. We do not have access,
and we will never ask information about your credit card or bank details.
You may terminate your account at any time by sending us a request by email.
If you terminate your account, you will lose all your games and any remaining credit.
Any unused credit is non-refundable and you cannot register again with the same username.
If you create an account with us, you are responsible for maintaining the confidentiality and security
of your account, including your email address and password and you further acknowledge and
agree that you will not disclose these details to any person not duly authorised by you.
We will handle your personal information in accordance with our Privacy Policy.
We strongly recommend that you never give out your bank details or other financial information
through the Web Service or anywhere else on the internet.
We own all the Copyrights for this web service.
You agree that you will not breach any intellectual property rights by using the Web Service.
You are not permitted to download, republish, copy, use for resale, or use the intellectual property
for any purpose other than the specific purpose for which the intellectual property has been provided.
From time to time, we may use cookies. Cookies are small files stored on your computer or device
that help the Web Service to run properly, or improve your browsing experience. These cookies may be used for purposes
such as analysing Web Service traffic, personalising content, and serving targeted advertisements.
You have the option to disable cookies in your browser settings; however, please note that certain features
of the Web Service may not function properly if cookies are disabled.
While we aim to update the Web Service regularly, we do not make any representation or warranty as to the accuracy,
completeness, currency or reliability of the information contained on the Web Service.
We reserve the right to restrict access to parts of the Web Service or the entire Web Service, change or withdraw any items,
information or content features on this Web Service without notice.
We are using major cloud service providers to host our application and data on secure servers,
and we take all reasonable actions to protect your data. However, to the maximum extent permitted by law,
we exclude all liability (including for negligence) to you or anyone else in respect of any loss
or damage (including special, indirect or consequential loss or damage such as loss of revenue,
unavailability of systems or loss of data) arising from or in connection with any use of the information
on or access through the Web Service including if for any reason the Web Service is unavailable at any time or for any period.
You must notify us by email if you notice any issues with the service or data.
To the maximum extent permitted by law, we will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic) however caused and whether in contract, tort or otherwise, which may result directly or indirectly from any such information, by a distributed denial-of-service attack or by any malicious or harmful programs, scripts or technologies that may affect the Web Service, system failures or any other harmful material that may affect your computer, device, programs, data or other proprietary material; you agree to release us from any such liability.
We reserve the right to make changes to the Web Service and these Terms and Conditions at any time and without notice to you. It is your responsibility to regularly check the Web Service in case there are any changes made. Continued use of the Web Service following any change to these Terms and Conditions will be deemed acceptance of these changes.
Any failure by us at any time to enforce these Terms and Conditions or our rights will not be a waiver of such rights
or affect the validity of these Terms and Conditions.
If any provision of these Terms and Conditions becomes void or unenforceable, it will be severed from these
Terms and Conditions without affecting the enforceability of the other provisions which will continue to have full force and effect.
These Terms and Conditions are governed by the laws of Queensland, Australia and each party irrevocably and unconditionally
submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.