Welcome to Yello. These terms of service constitute your agreement with Wavetel UK ("Yello" or "we" or "us" or "our" or other similar pronouns).
Acceptance of Terms
If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony or the Yello Services, you may not enter into this Agreement.
Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator ("Provider"), may be subject to the Providers terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service to the extent they are applicable.
THE YELLO SERVICES
Usernames and PIN Code
You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the Yello Services, as well as any additional information provided or any amendments made by you. As part of signing up on the Site you will choose a PIN code (“PIN”) required for access to and use of the Yello Services. You are responsible for all actions that take place as a result of access to or use of the Yello Services via your PIN and/or via your mobile phone (“Device”) independently of whether the access was made by yourself or by a third party using your PIN and/or Device.
Unauthorized Use/Stolen Device
If your Device is stolen or if you become aware of unauthorized use of the Yello Services you must notify us immediately to suspend the Yello Services temporarily. You are responsible for all charges to your account with Yello (“Account”) until the Yello Services are suspended. We have the right to change your PIN and account name at any time in our sole discretion and without notice.
Use of the Yello Services
We grant you a non-exclusive, non-transferable right to view and use the Yello Services and the Content (as defined below) for and subject to your compliance with these Terms of Service.
No Unlawful or Prohibited Use
You expressly acknowledge and agree to use any Yello Service solely for lawful purposes. In this respect you may not, without limitation
a) intercept or monitor, damage or modify any communication which is not intended for you,
b) send any unsolicited communication,
c) use any Yello Service in any fraudulent way,
d) submit or post to the Site or expose any third party to material which infringe any third party’s intellectual property rights or violate the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or otherwise, in Yello sole discretion, is objectionable.
Furthermore, you may not submit or publish any material that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer and you may not use any Yello Service in any manner that could damage, disable, overburden, or impair any Yello server, or the network(s) connected to any Yello server, or interfere with any other party's use and enjoyment of the Yello Services.
Submission of information to Yello
Disclosure of information
Yello reserves the right at all times to disclose any information as Yello deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Yello sole discretion.
Yello does not make any express warranty regarding the Yello Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however Yello shall endeavour to provide the Yello Services with minimum disruptions. Yello cannot guarantee that the Yello Services will always function without disruptions, delay or other imperfections and Yello may choose not to provide service to countries or calling areas at its sole discretion. Since the Yello Services will be transmitted through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the Yello Services, e.g. packet loss and delay. Additionally, you also understand that calls, SMS, etc. to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. Yello will not be liable for any disruption, delays, eavesdropping or other omissions in the Yello Services but we will try our level best to provide the best services all the times.
Suspension and interruption
Yello is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Yello Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Yello Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, Yello may prevent, at any time, in its sole discretion and without advance notice, use of the Yello Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities, unlawful use, or misuse of service promotions or campaigns (including but not limited to the use of such promotions or campaigns in a fraudulent or abusive manner of for such purpose).
The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Yello will not be liable for any type of communication spread by means of the Yello Services.
No emergency calls
The Yello Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Yello is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that it is not possible to support or carry emergency calls with the Yello Services.
Intellectual property rights
All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Yello Services ("Content") is either owned by Yello or has been licensed to Yello by the rights owner(s) for use as part of the Yello Services. All rights are expressly reserved. Furthermore, Yello has the right to remove any materials posted to the Site in its sole discretion.
PAYMENT, RATES AND ACCOUNTS
In order to purchase credits for the Yello Services and to charge your Account you shall pay Yello the rates as stated on the Site. Payments are either made manually by you or through the automatic recharge function activated by you by using direct debit. The automatic recharge function means that when your Account balance is below a certain level, your Account will be automatically recharged with a certain pre-selected amount.
Unless stated otherwise, all rates and charges shall be stated in GBP or US$ and shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees.
The rates for the Yello Services are published on the Site. Yello reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. You agree that by continuing to use the Yello Services, following the adjustments of the rates, you accept such adjustments.
You will also pay any additional charges you incur if you connect to the Yello Services through a phone number provided by Yello while you are in a country that is not the country associated with your fixed net or mobile phone Provider (“Roaming Charges”). Roaming Charges are charged in addition to any charges you may incur when connecting to the Yello Services from another country.
You may request for a refund by submitting a written request in English to Yello customer services at Yello email@example.com . Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers, gift tokens or similar. Yello reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement. All payments older than 90 days are non-refundable.
Account and receipt
Yello may provide an account history on the Site that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance (“Account History”), which may change from time to time, and an e-mail receipt upon pre-payment for the Yello Services. The Account History is the only statement of your Account that Yello will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. Yello will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to Yello.
If you believe that Yello has charged your Account in error, you must submit a written request in English for refund by contacting Yello customer services via firstname.lastname@example.org within 90 days after the date the error first appears on your Account History or within 120 days after the error occurred, whichever is the earlier.
Expiration of credits
A credit balance for the Yello Services on the Account expires 12 months after the last activity of the Yello Services. Credit balances that are not used within the said 12 months day period will be lost.
TERMINATION AND CANCELLATION
Yello Service termination/default
If you breach any representations to us or fail to perform any of the undertakings you made in the Terms of Service, or if you are subject to any proceeding under bankruptcy, insolvency, liquidation or similar laws, you will be in default and we may, without notice to you, suspend the Yello Services and/or terminate the Terms of Service.
Cancellation of your Yello Services
You may cancel the Yello Services at any time. Unless otherwise stated herein, all Yello Services will be cancelled from the Site or within 5 working days of receipt of written notice from you email@example.com.
Limitation of Liability
Yello is not liable for acts or omissions of another Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages nor for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of the Yello Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the Yello Services charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the Yello Services. This paragraph shall survive termination of the Terms of Service.
We may assign all or part of the Terms of Service without such assignment being considered change to the Terms of Service, and without notice to you. We are then released from all liability. You may not assign the Terms of Service without our prior written approval.
You agree to indemnify and hold Yello and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including without limitation attorneys' fees, made by any third party due to or arising out of your (a) use of the Site or the Yello Services including without limitation posting and submitting of any material, (b) connection to the Site or the Yello Services, (c) violation of the Terms of Service, or (d) violation of any rights of another person or entity.
Yello has a license of Wavetel UK Limited.
Applicable law and competent court
The Terms of Service shall be governed by and construed in accordance with the laws of United Kingdom without giving effect to the conflict of laws or provisions of United Kingdom or your actual state or country of residence. Any legal proceedings arising out of or relating to the Terms of Service or your relationship with Yello will be exclusively subject to the jurisdiction of the courts of the United Kingdom.
These Terms of Service represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the balance remains enforceable.
IMPORTANT — PLEASE READ CAREFULLY
Your privacy is important to us and we take great care to safeguard the ways in which any information you provide us with is collected and used.
If you would like to view, correct, complete or remove your personal information, please contact Yello at firstname.lastname@example.org
Information collection and use in general
Sharing of your Personal Information
We may hire other companies to provide limited services on our behalf, such as handling mail-outs, providing customer support, hosting web sites, billing, or performing statistical analysis. Those companies will be permitted to obtain only the personal information they need to deliver the service. They are prohibited from using this information for any other purpose. We may access and/or disclose your personal information if we believe such action is necessary to: (a) comply with the law or legal process served on Yello; (b) protect and defend the rights or property of Yello (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of Yello Services or members of the public.
Offers and Promotions
Accessing your personal information
Security of your personal information
Log files and IP addresses