"We" means Yell Limited and the terms "us" and "our" will be construed accordingly. We are registered in England and Wales under company number 4205228 and have our registered office at Queens Walk, Oxford Road, Reading, Berkshire. England, RG1 7PT.
"You" means the customer and user of the Yell.com mobile service ("Service") and the term "your" will be construed accordingly.
These terms ("Terms") set out the basis on which you may use the Service. By using the Service you accept these Terms and agree to be bound by them. If you do not agree please refrain from using our Service.
ACCESSING THE SERVICE
You acknowledge and agree that the Service is provided by us on an "as is" and "as available" basis without any representations or any kind of warranty made (whether express or implied) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Any material downloaded or otherwise obtained through the use of the Service is used at your own discretion and risk.
You acknowledge and agree that the Service may from time to time be adversely affected by events outside our control. The Service is subject to the limitations of the enabling technology on which it is reliant and may be adversely affected by network performance and other operational factors including without limitation, congestion, network coverage, dropped connections, the performance of your mobile device and the maintenance of secure network connections. We shall not be liable for any error, delay or failure in connection with transmission of the Service. We aim to update our Service regularly, and may change the material within it at any time. If the need arises, we may suspend access to the Service, or close it indefinitely.
THIRD PARTY MATERIAL
Use of the Service is at your own risk and we are specifically not endorsing or associating with any particular person, business or material that may be featured within the Service.
USE
We legally own a wide range of intellectual property rights used in and relating to the Service, including: the Yell, Yell.com mobile, Yellow Pages and 118 24 7 trade marks and logos; the business-listings directory database; and other content, designs, text and graphics made available through the Service.
The Service enables you to search for goods and services and to contact the organisations that provide these goods and services. You are allowed to use the Service and the results of any search you carry out for this purpose provided that you do not use the Service: (1) for any unlawful purpose; (2) to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to Yell or companies within Yell Group plc; (3) to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists; (4) to tamper with, update or change any part of the Service in a way that affects how it is run; (5) in a way that imposes an unreasonable or disproportionably large burden on Yell's communications and technical systems as determined by us; or using any automated means to monitor or copy the content, or to interfere with or attempt to interfere with how the Service works.
LIMITATION OF LIABILITY
You acknowledge and agree that neither Yell nor other members of our group of companies, shareholders, officers, staff or other organisations connected to us shall in any circumstances (to the extent permitted by law) be liable for any of the following losses or damage:
(a) loss of data;
(b) loss of income, revenue or anticipated profits;
(c) loss of business or contracts;
(d) loss of opportunity;
(e) loss of goodwill or injury to reputation;
(f) losses suffered by third parties;
(g) wasted management or office time; or
(h) any indirect, consequential, special or exemplary damages arising from the use, non-use, defects or delays in the Service however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We do not limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation.
CHARGES
YELL CURRENTLY DOES NOT CHARGE YOU TO USE THE SERVICE. HOWEVER, YOUR NETWORK OPERATOR MAY CHARGE YOU FOR USING THEIR SYSTEMS TO ACCESS THE SERVICE. If Yell introduces Service charges it will display them at www.yellmobile.com. Where charges apply we will remind you that a charge will be incurred before you proceed with a chargeable request. You will not be entitled to cancel a chargeable request after it has been made.
TERMINATION
You agree that Yell in its sole discretion may without notice terminate your use of the Service for any reason including without limitation if we believe that you have breached or acted inconsistently with the letter or spirit of the Terms. Termination is without prejudice to any of Yell’s other rights and remedies. You agree that Yell shall not be liable to you or any third-party for any termination of your access to the Service.
VARIATION
We reserve the right to change these Terms at any time in our sole discretion and without prior notice. By continuing to use the Service you are deemed to have accepted the varied Terms.
PERSONAL DATA
Any personal data you supply to us will be processed in accordance with our Privacy Policy (www.yell.com/legal/privacy). By using the Service you consent to such processing.
APPLICABLE LAW AND JURISDICTION
These Terms and any claim under them shall be governed by English law and is subject to the exclusive jurisdiction of the courts of England and Wales.