1. We ("Yell Limited", "Yell", "we" or "us") provide the Yell Websites (as defined in section 5 below). We are a limited company registered in England and Wales (registration number 4205228) and our registered office is at One Reading Central, Forbury Road, Reading, Berkshire, England, RG1 3YL, United Kingdom.
3. We legally own a wide range of intellectual property rights used in and relating to this website, including:
4.The Yell Auctions Site (as defined below in section 5) uses software and databases supplied by other organisations.
5. For the purpose of these Conditions, the term "Yell Websites" refers collectively to the following Yell websites and the term "YellWebsites" refers to any one of the following:
including our business listings directory database and any other website we may own or run from time to time that links through to these Conditions.
6. If you log on to or use any part of the website you agree to these conditions. If you do not want to agree to these conditions, do not log on to or use this website.
7. When you buy products or services via any of the Yell Websites, the products or services you buy may be subject to other terms and conditions, guidelines and policies and you should carefully read through the terms and conditions of the Yell Website that you intend to purchase from before placing an order.
8.We may change these Conditions at any time without giving you notice. Please check these Conditions from time to time for any changes. By continuing to use a Yell Website you agree to all the changes we make to these Conditions.
9.Where any of the Yell Websites allows you to:
you may use the Yell Websites for this purpose unless this is not allowed under clause 16 of these Conditions and in the case of bidding for certain Yell products and services on the Yell Auctions Site, subject to Yell's Online Bidder Agreement
10.We may limit your access to all or some parts of the Yell Websites or may not accept you as a Yell business account holder (as the case may be), depending on whether you have registered with us (or in the case of the Yell Direct Site completed and submitted an online registration form. Also you may not be permitted to order products and services/ pay for those products and services until you register with us. We may, in our absolute discretion, accept or refuse any registration application.
11.Please do not tell other people your log in details, password or any other piece of information that is part of our security procedures. We take steps to prevent people misusing the Yell Websites and to make sure that our rights are not affected. You must notify us immediately if your log in details and/or password are used without your permission. We have the right to disable any account if, in our absolute discretion, you have failed to comply with these Conditions, including if your display name is inappropriate in any way.
12.You acknowledge and agree that:
14.You must make sure that:
15.Subject to these conditions, we shall endeavour to:
16.You cannot use a Yell Website:
17. Where you are using the Yell Auctions Site you must not artificially increase the number or amount of bids and in either case, including by:
18. We have the right to investigate your online activities, your online account and any order that you place with Yell for 'click-fraud' or any similar activity. You agree to provide reasonable help with these matters.
19.We may suspend and have the right to modify all or any part of the Yell Websites, (including any services or products that we offer on the Yell Websites) or your access to them, at any time without telling you beforehand. We won't be responsible to you for any changes we make or for ceasing operation of all or any part of the Yell Websites. In doing so we will endeavour not to diminish the value of any products or services that we offer to any material degree.
20. We may suspend or cancel your use of the Yell Websites or your online account with Yell or user details relating to any of the Yell Websites if:
21. To be clear, if we suspend or cancel any of your Yell accounts or Yell user details, you will still have to pay us for any products or services you have bought from us.
22.If you provide any material to any Yell Website (for example, by commenting on a blog, posting a review or uploading any other content including a video), you agree to grant us permission, irrevocably and free of charge, to use your material in any way we want on any website or otherwise (including altering and adapting it for operational or editorial reasons) in any media worldwide, which may include syndicating the material to selected third party social media and networking sites.
23.After posting or emailing your material to any Yell Website, you continue to own that material, and you continue to have the right to use your material in any way you choose.
24.Please choose carefully any information you post on any Yell Website, as it will be available for public viewing. By providing any material to a Yell Website, and for us to be able to use it, you confirm you and the material comply with all obligations set out in these conditions, and in particular that:
25.You acknowledge that we do not have a duty to publish any material you have provided.
26.We have the right to:
28.If you do not want to grant us the permission set out above on these terms, please do not provide any material to any Yell Website.
29.We do not edit, pre-vet or review any third party material displayed on any Yell Website. Yell operates a notice and take down procedure regarding such material. If you believe that any comment or review does not comply with the requirements set out in clause 24, please notify us immediately. We will then review the material and, where we deem it appropriate, remove the material within a reasonable time.
30. Please be aware of the following:
31. As far as the relevant laws allow, neither we nor any other members of our group of companies, shareholders, officers, shareholders, staff or other organisations connected to us (collectively, 'Yell Personnel') give you any guarantees that:
32.You acknowledge and agree that computer and telecommunications systems are not uninterrupted or fault free and we do not make any representation or warranty in relation to such systems. You further acknowledge and agree that occasional periods of downtime for repair, maintenance and upgrading may be required and we cannot therefore guarantee uninterrupted provision of the Yell Websites. We will take all commercially reasonable steps to minimise any such periods of interruption or non-availability.
33.You acknowledge and agree that we make no warranty and give no representation of any kind in relation to third party data and we accept no responsibility or liability for inaccuracy in or arising out of third party data.
34.Nothing in these Conditions shall limit or exclude liability in respect of death or personal injury caused by negligence, or fraudulent misrepresentation.
35.Under no circumstances will the Yell Personnel or any other organisation involved in creating, producing, maintaining or distributing the Yell Websites be liable for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise):
36.If we do not keep to these Conditions, we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other loss whether they are because we have not kept to our obligations or contract, because of our negligence, due to defamatory statements or liability for a product or service or otherwise as a result of:
37. You will at all times and on demand fully indemnify us and keep us fully indemnified from and against any claims, threatened or made against us arising as a result of your non-compliance with any of your representations, warranties or obligations set out in these Conditions.
38.Failure of either party to assert its rights in relation to any breach of these conditions shall not constitute a waiver of such rights, nor will any such waiver be implied.
39. Each provision of these conditions shall be construed separately and shall be severable from these Conditions. If any provision of these conditions (or portion thereof) is invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of these conditions will not be affected or impaired.
40.A person who is not a party to these Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Conditions.
41.These Conditions constitute the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior discussions, agreement or understanding between you and us.
42.The laws of England and Wales apply to your use of the Yell Websites and these Conditions. We control the Yell Websites from within the United Kingdom. However, you can get access to the Yell Websites from other places around the world. Although these places may have different laws from the laws of England and Wales, by using the Yell Websites you agree that the laws of England and Wales will apply to everything relating to you using a Yell Website and you agree to keep to these laws. We have the right to take you to court in the country you live in.
Updated on 2 February 2011