Terms and Conditions.
The content of the Application is the property of YellowBird Group Technologies Private Limited (“The Company” or YellowBird”). The Company provides personal assistance to users through a technology based interface connecting Freelancers/service providers and consumers of products and services via the Application or on any other media format or channel for the purpose of carrying out the business of the Company (the “Services”).
The Company reserves the right to modify or terminate any portion of the Application or the Services offered by the Company for any reason, without notice and without liability to you or any third party. It’s your responsibility to regularly review these Terms to be aware of any updates. Nothing in these Terms should be construed to confer any rights to any third party beneficiaries.
You will be required to register on the Application and create an account prior to the completion of any transaction on the Application.
To register onto the Application you will have to provide your personal image, phone number and email address which have to be confirmed either by SMS notification or any other verification token that will be provided. We will also require other Information for your identification (information which describe you, or which is associated with you).
Registration is only a one time process. If you’ve previously registered and you log out or change your handset, you can just login to the same account using the same phone number. But that will require you to re-verify your phone number/email using the provided verification token.
Getting an account in the Application is free of charge for all qualified users. However, a fee may be charged for subscribing to any new/additional Services offered by the Company exclusively to registered users. The Company reserves the right to change the fee policy applicable to such paid registration. Changes to the fee policy will be posted on the Application and such changes shall become effective immediately after they are posted on the Application.
Use of the Application is available only for persons above the age of legal majority in your jurisdiction (18 years old by default) with a fully registered and identified phone number as per their country network regulator law and who provide correct information on their profile. Otherwise, we reserve the right to reject your registration if you are not qualified and/or revoke your membership if we find out later that you provided wrong information. As a minor if you wish to use or transact on the Application, such use or transaction may be made by your legal guardian or parents.
In other to fully enjoy our service and to be aware of new promotions and receive your bills and transactions details, you need to keep your account details up to date with information such as your email address, phone number and address. Your account is yours and you are responsible for all activities that occur under it. Transferring or sharing your account details with another person or entity is not recommended. You will be fully responsible of any transaction fraudulent or not made under your account by a third party. (You will be responsible for any fraudulent transaction made on your account by a third party)
You understand that through your use of the Application or any software, services or application programming interfaces available on or through the Application, including in user forums or blogs on or accessed via the Application, you consent to the collection, storage, sharing and use by us or any of our affiliates, of Personal Information collected from you. (Sharing and usage of personal information collected from you by us or our affiliates
You agree that any such Personal Information may be viewed by others. You understand and acknowledge that if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return and the Company will not be responsible for the use or misuse of such information by third parties.
We expressly disclaim any legal liability, whether civil, criminal, pertaining to the content of, security of, or rights in, any part of such information.
You are responsible for maintaining the confidentiality of your account and password and for restricting and preventing unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password.
You can access and update account details on the Application. You shall ensure that the account details provided to the Application are correct and complete at all times. The Application reserves the right to refuse access to the Application, terminate accounts, remove or edit content at any time without notice to you.
The Company will endeavour to ensure that access to and availability of the Application remains uninterrupted and error free. However, access to the Application may occasionally be suspended or restricted to allow for repairs, maintenance, or for the introduction of new facilities and services.
The Company provides users access to discussion or chat with experts. The Application may therefore contain user generated content (“UGC”) which we do not pre-screen and which contains views that may be opinions of users and also of experts. These views do not represent our views, opinions, beliefs, morals or values. We will do our best to monitor, edit or remove such UGC where we consider it appropriate or necessary to do so. We cannot promise that the content in or on the Application is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
A cookie is a small text file that we place on your mobile device to enable various features of the Application. "Cookies" are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a "cookie", you thereby agree to our use of any personal information collected by us using that Cookie.
Limited License for Access
The Company grants you a limited license to access and make personal use of the Application, but not to modify it (or any portion thereof), except with prior written consent of the Company and / or its affiliates, as may be applicable.
This license does not include any resale or commercial use of the Application or its contents; any collection and use of any product listings, descriptions, or prices, any derivative use of the Application or its contents, any downloading or copying of account information for the benefit of another freelancer, or any use of data mining, robots, or similar data gathering and extraction tools.
The Application or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without the prior written consent of the Company and / or its affiliates, as may be applicable.
You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without their prior written consent. You will not use any meta tags or any other "hidden text" utilizing the Company’s or its affiliates' names or trademarks without the prior written consent of the Company and / or its affiliates, as may be applicable. Any unauthorized use will terminate the permission or license granted by the Company and / or its affiliates, as may be applicable.
You have been granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Application as long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You will not use any logo or other proprietary graphic or trademark of the Company/ Application as part of the link without prior written consent of the Company and / or its affiliates, as may be applicable.
You shall not use the Application in any way that causes, or may be likely to cause damage or impairment to the Application or in any manner harms the Company or any other person or entity (as determined by the Company in its sole discretion) or interrupt free access to it in any way. You are solely responsible for the UGC that you post on the Application. Please therefore choose carefully the information that you post on the Application. You shall not use the Application to host, display, upload, post, submit, distribute, modify, publish, transmit, update or share any information that:
This is a non-exhaustive list which should be used as a guide on what you must not post on the Application or transmit to other users.
Platform for Transaction and Communication
You may cancel your request anytime by cancelling through the application (using the cancellation process provide through the application. In such a case according to the status of your request, additional charges may be applied and paid back to the Freelancer and also depending on the status of your request, you will refund any payments already made by you for the request, based on the service refund policy.
If we suspect any fraudulent transaction by you or any transaction which violates the terms and conditions of using the Application, we, at our sole discretion, reserve the right to initiate cancellation of such request.(at our sole discretion)
Pricing and Product Availability
The Company will display on the Application, the estimation of the price and availability of the products and services you requested, wherever specific freelancers are mapped and are available.
Although prices of most of the products will depend on the duration, distance, amenities required and can fluctuate on a daily basis depending on the market condition. For any request, the price shall be the price displayed by to (the)freelancer to you as soon the transaction is done. A confirmation by mail or through your application will be available for time/duration/distance based services.
The prices listed on the Application are not negotiable. Although for some specific freelance service the price may be discussed with the freelancer after the inspection.
Despite the best efforts of the Company, such information on the price and availability of products or services may be inaccurately displayed on the Application. The Company reserves the right to correct any and all errors when they do occur and the Company does not honour inaccurate or erroneous prices. The prices on the Application are also subject to change without notice.
The Application provides multiple payment options from credit card to payment by cash.
Pick up / Delivery timing
Any pick up or delivery timings are based on service you requested for and as per the policy applied for to the service (in regard to the service)or by the freelancer. The company will ensure all that the timing is reduce(d) at the maximum but the Company shall not, at any time, be responsible for inconvenience caused by delay on delivery or pickup of any products or services.
Extra cost may be applied if the delay is caused by you, or due to any mistake like wrong location/address or any other wrong information.
Promotions and sponsorship
YellowBird reserves the right to create or provide new promotion for some specific services and locations for a specific date/time.
Any promotion may be redeemed for Account credit, reduction on the service’s fees and other features or benefits related to the Services/product you purchase and/or any Third Party Sponsor.
By using any running promotion you agree that:
The Referral Program Terms
The following points in this section, govern the YellowBird Referral Program.
The Participants referred to below are you (a Qualified User), and the person you’ve referred (a Referred User).
To be eligible for a reward, you, as participants must agree to be bound by the rules described below.
Copyright and Database Rights
All content included on the Application, such as photographs, text, graphics, logos, button icons, images and source code or algorithm, is the exclusive property of YellowBird, its affiliates or its content suppliers.
The compilation of all content on the Application is the exclusive property of YellowBird. All software used on the Application is the property of the YellowBird or its software suppliers.
Other plugging or third party software are Licensed under the Apache License (http://www.apache.org/licenses/LICENSE-2.0). Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
Your personal and non-commercial use of the Application shall be subjected to the following restriction:
“YellowBird” is a registered trademark in the Cameroonian Jurisdiction. All other trademarks not owned by the Company that appear on the Application are the property of their respective owners or under Free Licenses, who may or may not be affiliated with, connected to, or sponsored by the YellowBird.
Visiting the Application or sending emails to the Company constitutes electronic communication by you with the Company. The Company communicates with you by email or by contacting our customer service centre through the application or the website (http://www.yellowBird.mobi).
For contractual purposes, you consent to receive communications from the Company electronically and agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement stipulating that those communications be in writing. This condition does not affect your statutory rights.
You understand that once you register on the Application, you will receive short message service (“SMS”) messages from the Company on your registered mobile number. These messages could relate to the activation of your account or any updates and promotions that are undertaken by The Company. Please note that The Company will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular purpose.
As a user of the Application, you agree to use careful, prudent, and good judgment while leaving (feedback) for a freelancer The following actions constitute inappropriate use of feedback:
Sanctions for Inappropriate use of feedback or rating. If you violate any of the above-referenced rules in connection with leaving feedback, YellowBird, in its sole discretion, may take any of the following actions:
Reporting Inappropriate Use of Feedback. A Freelancer may contact YellowBird regarding any inappropriate feedback about his service via the available communication channel available for freelancers. That may result to a cancellation of your feedback or request from you to be very explicit about what happened to have your feedback kept.
Continued usage of the Application after any modification shall constitute consent to such modification and its current format.
Disclaimer, Indemnity and Limitation of Liability
You expressly understand and agree that:
The Company shall have the right to indefinitely suspend or block access to your membership on the Application and/or refuse to provide you access to the Application:
Governing Law and Jurisdiction
Specific to Freelancers
© May 2018 YellowBird, all rights are reserved.