GENERAL
YellowSchedule.com and the facilities, services and materials available thereon (the “Website”) is owned and operated by YellowSchedule, whose principal place of business is 8 Castlecourt, Castleconnell, Co Limerick. For the purposes of these Terms and Conditions “we”, “our” and “us” refers to YellowSchedule.
Your use of the Website and your purchase of any services are each subject to your acceptance of these Terms and Conditions. Please ensure you read them carefully in their entirety. None of the provisions of these Terms and Conditions shall be interpreted as to deprive you of any rights you may have as a consumer under mandatory Irish law.
Your use of the Website is entirely at your own risk.
1. Use of the Website
You agree not to use the Website or the Services for or in connection with any of the following activities:
* any purpose that is fraudulent, unlawful or prohibited by these Terms and Conditions;
* accessing or using the Website in and from jurisdictions which restricts or prohibits same by local law;
* in any manner which could damage, disable, overload, flood, mailbomb, crash or impair the Website or interfere with any other party’s use and/or enjoyment of the Website. In particular, you will not post or transmit to or from the Website any unlawful, harassing, threatening, libelous, defamatory, tortuous, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law;
* transmitting material which may cause harm to YellowSchedule’s or any other party’s computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy or otherwise impair a computer’s functionality or the operation of the Website;
* harassing, harming or abusing another person, or contacting, advertising, soliciting, selling to any other person without their prior written consent or transmitting or relaying spam;
* accessing data or materials not intended for your use; logging into a server or account which you are not authorised to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity or affiliation in any way;
* attempting to gain unauthorised access to the Website, or any accounts, computer systems and networks connected to any YellowSchedule website, through hacking, password miming or any other means; or
* harvesting or otherwise collecting by any means any program material or information (including without limitation email address, phone numbers or details of other users) from the Website or monitoring, mirroring or copying any content of the Website without the prior written consent of YellowSchedule.
2. Intellectual Property Rights
The information, communications, software, scripting, photographs, text, video, graphics, music, sounds, images, button icons, trademarks, service marks, trade names, logos and other materials and services found on the Website (collectively, the “Content”) and the Products are protected by copyright, trademark, database right, sui generis rights and other intellectual property laws (as the case may be), under national laws and international treaties. All proprietary rights, title and interest in and to the Content and the Products shall be and at all times and for all purposes remain vested in YellowSchedule and/or its licensors (as the case may be). All rights not expressly granted hereunder are reserved to YellowSchedule and/or its licensors (as the case may be).
Unless specifically authorised by YellowSchedule in writing to do so, you may not (i) create and submit computer programming routines or engines that are intended to generate multiple requests for any of the Content provided by the Website; (ii) create any frames at any other sites pertaining to the Website.
3. Indemnity
You agree to indemnify and keep fully and effectively indemnified and hold YellowSchedule, its officers, directors, employees, agents, subsidiaries, affiliates, suppliers and any of our third party information service providers harmless from and against any and all liabilities, claims, demands, obligations, losses, expenses, damages, penalties, actions, judgements, suits and costs of any kind or nature whatsoever (including legal costs) resulting from any violation or breach by you of these Terms and Conditions.
4. Availability
Although YellowSchedule endeavours to ensure the Website is available at all times, there may be occasions when interruption to the Website may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that YellowSchedule shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website.
5. Links to Third Party Websites
The Website may contain links to third party websites. YellowSchedule does not own or control such third party websites and only provides links to other locations on the internet for information purposes. The fact that YellowSchedule provides a link to a third party site does not mean YellowSchedule endorses, authorises or sponsors that site. YellowSchedule reserves the right at any time to terminate a link to a third party site. Your use of third party sites is subject to the terms and conditions of use contained within each of those sites. Access to any third party site through the Website is at your own risk. YellowSchedule shall have no responsibility whatsoever for the accuracy of any information, data, opinions, statements made on any third party site or the security of any link or communication with the site. We have not verified the content of any such sites.
6. Changes in the Terms and Conditions
We may modify or terminate any facilities, services and/or Products offered through the Website from time to time, for any reason and without notice, and without liability to you, any other user or any third party. Any additions to, or enhancements of the Website and/or the Products, including the release of new Products, shall be subject to the Terms and Conditions. To the greatest extent permitted by applicable law, YellowSchedule reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of the Website at its sole discretion, including these Terms and Conditions from time to time.
You should check the Website for any changes to the Terms and Conditions each time you access the Website. Your continued use of the Website will signify your acceptance of any revised Terms and Conditions.
7. Privacy Statement
YellowSchedule respects the privacy of individuals who access the Website. For full details of the manner of, the type of information we collect, how we use it, links to other sites and under what circumstances we disclose information please read the Privacy Statement which is hereby incorporated into and forms part of these Terms and Conditions.
8. Jurisdiction and Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland, and you hereby irrevocably agree for the benefit of YellowSchedule and without prejudice to the right of YellowSchedule to take proceedings in relation to these Terms and Conditions before any court of competent jurisdiction, that the Courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms and Conditions, and for such purposes you irrevocably submit to the jurisdiction of the Courts of Ireland.
9. Services
Subject to the Subscriber paying the Subscription Fees and the Add-on Fees, Yellow Schedule hereby grants to the Subscriber a non-exclusive, non-transferable, non-sub-licensable right to permit the Authorised Users to use the Services during the Subscription Term solely for the Subscriber’s normal business purposes. The rights provided under this agreement are granted to the Subscriber only, and shall not be considered granted to any subsidiary or holding company of the Subscriber. The Supplier shall use commercially reasonable endeavours to make those Services which are accessed via the Website available 24 hours a day, seven days a week, except for when there is planned maintenance or unscheduled urgent maintenance in such circumstances Yellow Schedule shall use reasonable endeavours to give the Subscriber advance notice of such maintenance. Yellow Schedule does not warrant that the Subscriber’s use of the Services will be uninterrupted or error-free.
10. Changing your services/ pricing plan
If you want to change the Services received from Yellow Schedule, please inform us. We will confirm acceptance of your request to change your Services by Confirmation Email. The Subscriber shall pay to Yellow Schedule the relevant new Subscription Fees from the next Monthly Payment Date as notified to it by Yellow Schedule. If such additional Services are added by the Subscriber part way through a Subscription Term, such fees shall be pro-rated for the remainder of the Subscription.
11. Add-ons
As well as providing the standalone Service Packages, Subscribers can also opt to use our Add-ons and future new complimentary product releases. There are additional fees charged by Yellow Schedule for these Services will be set out clearly in the online pricing page.
If you go over the maximum allowed number of SMS and Email messages per month as outlined in your selected pricing plan you will charged at a rate of $0.13 per additional SMS and $0.01 per additional Email.
12. Charges and payment
The Subscriber shall pay the Subscription Fees and the Add-on Fees to Yellow Schedule in accordance with this clause 6. The Subscriber shall provide to Yellow Schedule valid, up-to-date and complete credit card details or approved purchase order confirmation acceptable to Yellow Schedule and any other relevant valid, up-to-date and complete contact and billing details and, if the Subscriber provides: its credit card details to Yellow Schedule, the Subscriber hereby authorises the Supplier to bill such credit card on the Start Date for the Subscription Fees in respect of the First Subscription Term; on the Monthly Payment Date for the Subscription Fees in respect of the next Renewal Period; and on the Monthly Payment Date the Add-on Fees in respect of the immediately preceding Renewal Period (or if applicable the First Subscription Term); If Yellow Schedule has not received payment within 30 days after the due date, and without prejudice to any other rights and remedies of Yellow Schedule It may, without liability to the Subscriber , disable the Subscriber’s and each Authorised User’s password, account and access to all or part of the Services and Yellow Schedule shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and Yellow Schedule may review and increase its Subscription Fees, provided that such charges cannot be increased more than [once] in any [12] month period. Yellow Schedule shall give a Subscriber written notice of any such increase [1] month before the end of the First Subscription Term and the commencement of any subsequent Renewal Period.