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.
2. Collection of your personal Data
We collect Personal Data about you in the following ways.
2.1. When you provide your Personal Data to yellowBIRD :
We collect your Personal Data when you willingly provide it to YellowBIRD.
- For example, you may provide your Personal Data to YellowBIRD when you Complete your profile or register with us (such as your name, contact information and other identification information where needed).
- Provide information to assess your eligibility to provide services as a YellowBIRD Service provider, partner or delivery partner (such as your license information, vehicle information and background check results.
- Verify your identity through various means (such as social media logins…).
2.2. When you use YellowBIRD services
We may collect your Personal Data through the normal operation of our Applications, Websites and Services. Some examples are:
- Location data ( service provider especially drivers and delivery agents): YellowBIRD collects this data when the Application is running in the foreground or background of your mobile device
- Feedback and ratings information about how you interacted with our mobile app, Website during a transaction (such as features used, and content viewed);
- Personal data you enter in messages when you use our in-app communication features; and
Personal data that may be captured through your interaction with any of our customer service representative.
2.3. Location and other Personal Data
If you are a service provider or a freelancer, we may collect:
- Telematics data such as your vehicle speed.
- Device data (such as accelerometer data, GPS location, your IMEI number.
- Your vehicle registration data.
- Personal data that may be captured through your interaction with us.
- Other personal Data like image, license and vehicle ownership
- Location data ( Captain and deliver partners): YellowBIRD collects this data when the YellowBIRD Application is running in the foreground) or background of your mobile device.
3. Use of your personal Data
YellowBIRD may use your Personal Data for the following purposes:
3.1. Providing services, Safety and security purposes
YellowBIRD will use your Personal Data to provide our Services. This includes using your Personal Data to :
- Interact you to provide Services.
- Create and manage your account.
- Conduct due diligence checks.
- Verify your identity.
- Validate your trip history.
- Enable features that personalizes your application, such as lists of your favorite places and previous destinations.
- Make your experience more seamless, such as automatically filling in your registration one time password
- Protect the security or integrity of the Services and any facilities or equipment used to make the Services available.
- Process and manage your rewards.
- Enable communications between us and you and such as notifications.
- Enable our partners to manage and allocate you when you are in trip.
- Screening freelancers ’s and delivery partners before enabling their use of our services.
- Identifying unsafe driving behaviors
- Verifying your identity when you log in to YellowBIRD Driver’s Applications
Using device, location, profile, usage and other Personal Data to prevent, detect and combat fraud or unsafe activities.
Sharing driver’s and passengers’ location and details when the emergency button feature is activated.
3.2. Marketing and Notifications
We may use your Personal Data to market YellowBIRD, sponsors’ and advertisers’ products, services, events or promotions. For example, we may:
- send you alerts, updates, promotional materials, festive greetings;
- and Notify, invite and manage your participation in our events or activities.
We may communicate such marketing to you by post, Push notifications, short message service, online messaging service.
- If you wish to unsubscribe to the processing of your Personal Data for marketing and promotions, you can do so by deactivating your YellowBIRD account.
4. Data Sharing and Disclosure
We may share Personal Data with various parties for the following Purposes. These parties May include:
4.1 With users and service providers
- If you are a passenger, we may share your pick-up and drop-off locations with the driver or freelancer providing you with the service.
- If you are a driver service provider (Freelancer, Passenger driver or delivery partner), we may share your Personal Data with your passenger or client including your name and photo; your vehicle makes, Plate number, number plate, location and average rating.
- If you are a delivery partner, we may share your Personal Data with your selected merchant and user, including your name and photo; your vehicle makes, model, location and average rating.
4.2 With YellowBIRD legal advisors and Local authorities
- We may share your Personal Data with our legal advisors, law enforcement officials, government authorities and other third parties. This may take place to fulfil the legal purposes (mentioned above), or any of the following circumstances:
- where it is necessary to respond to an emergency that threatens the life, health or safety of a person; or
Where it is necessary in the public interest (e.g., in a public health crisis, for contact tracing purposes and safeguarding our community).
5. Retention and deletion of your personal Data
5.1. Retention of your data
We retain your Personal Data for the necessary duration of time to fulfill the Purposes outlined in this Policy unless a longer retention period is required. Once your Personal Data is no longer necessary for the Services or Purposes, or we no longer have a legal or business purpose for retaining your Personal Data, we take steps to erase and prevent access or use of such Personal Data for any purpose other than compliance with this Policy, or for purposes of safety, security, fraud prevention and detection, in accordance with the requirements of applicable laws.
5.2. Deletion of your persona data
Users may request deletion of their accounts at any time. Following an account deletion request, YellowBIRD deletes the user’s account and data, unless they must be retained due to legal or regulatory requirements, for purposes of safety, security, and fraud prevention, or because of an issue relating to the user’s account such as an outstanding credit or an unresolved claim or dispute.
Because we are subject to legal and regulatory requirements relating to drivers and delivery persons, this generally means that we retain their account and data for the applicable statutory retention period after a deletion request. For freelancers and order recipients, their data is generally deleted within 90 days of a deletion request, except where retention is necessary for the above reasons.
6. Protection of your personal Data
We will take every reasonable legal and technical measures to ensure that your Personal Data is protected. This includes measures to prevent Personal Data from getting lost or used or accessed in an unauthorized way. We limit access to your Personal Data to our employees on a need-to-know basis. Those processing your Personal Data will only do so in an authorized manner and are required to treat your information with confidentiality.
7. Your right to your personal data
In accordance with applicable laws, you may be entitled to:
- Ask us about the processing of your Personal Data, including to be provided with a copy of your Personal Data.
- Request the correction and/or deletion of your Personal Data from the YellowBIRD database.
- In some cases, request the restriction of the processing of your Personal Data, or object to that processing.
- Personal Data based on consent or performance of a contract;
8. High level Access
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.
10. 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:
- belongs to another person and to which you do not have any right;
- is grossly harmful, harassing, blasphemous defamatory obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- infringes upon any third party’s right of privacy, personality or endorsement;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Application and/or the services or any connected network or any computer resource, or otherwise interferes with any entity’s use or enjoyment of the Application and/or the Services;
- and compromise the unity, integrity, defence, security or sovereignty of your country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insults any other nation.
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.
- You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” “phishing” and “griefing” as those terms are commonly understood and used on the internet.
- You will not delete or modify any content of the Application and/or services including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
11. Platform for Transaction and Communication
- The Application is a platform that users utilise to meet, interact with and request a service from our experts, suppliers or Freelancers (as defined below) for their requirements. The Company is not and cannot be a party to or control in any manner any transaction between the Application’s users and suppliers/Freelancers.
- All commercial/contractual terms are offered by and agreed to between you and the provider of the products and services (“ freelancer/s”) alone. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and the Freelancers. Once you agree to purchase a product or avail a service from a freelancer, you also agree to be bound by the terms and conditions of use, of the Freelancer. All transactions between you and the Freelancer will be governed by the terms and conditions of the Freelancer or his Company.
- For certified freelancers under Yellow bird or for specific services like Cab, motorbikes without any specific terms and conditions, the terms will be followed by the terms described in this document.
- The Company does not make any representation or Warranty as to specifics (such as quality, value, scalability, etc) of the products or services proposed to be sold or offered to be sold or purchased through the Application. The Company does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Application. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- The Company is not responsible for any non-performance or breach of any contract entered into between you and the freelancers. The Company cannot and does not guarantee that you and/or the freelancers will perform any transaction concluded on the Application. The Company shall not and is not required to mediate or resolve any dispute or disagreement between you and the freelancers.
- You are advised to independently verify the person’s honesty (bona fides) of any particular freelancer that you choose to deal with on the Application and use your best judgment in that behalf (in the regard) through the rating and the review from other customers.
- The Company does not at any point of time during any transaction between you and the freelancer on the Application gain title to or have any rights or claims over the products or services offered by the freelancer to you. The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- It is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the freelancer and you.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the freelancer(s) that you transact with. Pricing on any product(s) as is reflected on the Application may due to some technical issue, typographical error or product information published by the freelancer be incorrectly reflected and in such an event the freelancer reserves the right to refuse sale of the item(s).
- The Company does not claim any ownership rights in the text, files, and images including photos, videos, sounds, musical works or any UGC that you submit, submit or publish on the Application. After posting any UGC on the Application, you continue to own the rights that you may have in that UGC, subject to the limited license set out here.
12. Cancellation policy
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)
13. 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:
- You shall not systematically extract and/or re-utilize parts of the contents of YellowBird or one of the plugging used without our express written consent.
- In particular, you shall not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re-utilization of any substantial parts of the Application or its plugins, without our prior and express written consent.
- You shall not create and/or publish your own database that features substantial parts of the Application (e.g. prices and service listings) without our express written consent. You may not modify any content of the Application, including but not limited to, any public display, description, performance, sale, rental, pricing of the product;
- You may not decompile, reverse engineer, or disassemble the content.
- You may not remove any copyright, trademark registration, or other proprietary notices from the content.
- You further agree not to access or use the Application in any manner that may be harmful to the operation of the Application or its content.
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:
- threatening to leave negative or impartial feedback for a Freelancer unless quality service provided by the Freelancer was not the one expected or the Freelancer provided services not included in the original description the service or not agreed to as part of the Service to be provided;
- leaving Feedback in order to make the Service’s professional or Service’s user appear better than he or she actually is or was; and
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:
- Cancel your feedback or any of your Postings;
- Limit your Account privileges or access to the similar service
- or even suspend your account and the access to the application;
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.
17. Disclaimer, Indemnity and Limitation of Liability
You expressly understand and agree that:
- The information, content and materials on the Application and / or Services are provided on an “as is” and “as available” basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement. The content of the Application has been provided in good faith. The content may contain inaccuracies or typographical errors.
- The Company makes all reasonable efforts to display all available services on the Application as accurately as possible. However the Company cannot guarantee that the users’ devices display of any color, texture or detail will be accurate. The Company does not warrant that service descriptions or other content are accurate, complete, reliable current or error free. While the Company makes every effort to ensure that the services are described and priced accurately, in the event that a service is deemed to be priced incorrectly for a specific reason, the Company reserves the right to refuse to provide the service at that time.
- The Company does not warrant that the functions contained in content, information and materials on the Application and / or Services, including, without limitation any third party sites or services linked to the Application and / or Services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Application or the servers that make such content, information and materials available are free of viruses or other harmful components.
- Any material downloaded or otherwise obtained through the Application and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your devise.
- You hereby indemnify, defend, and hold the Company, the Company’s distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective freelancers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Application.
- YellowBird or any of the foregoing entities’ respective freelancers, distributors, service providers and suppliers be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the Company’s reasonable control including, without limitation, acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the YellowBird or any of the foregoing entities’ respective freelancers, distributors, service providers and suppliers. You further acknowledge and agree that neither the Company nor any of the foregoing entities’ respective freelancers, distributors, service providers and suppliers are responsible or liable for (a) any incompatibility between the Application and / or services and any other site, service, software or hardware or (b) any delays or failures that users may experience with any transmissions or transactions relating to the Application in an accurate or timely manner.
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:
- If you engage in or are suspected of engaging in any illegal, fraudulent or abusive activity; or
- Upon suspension or termination, your right to avail the Services on the Application shall immediately cease and the Company reserves the right to remove or delete information regarding you that is available with the Company, including but not limited to login, account information and information posted by you.
19. Governing Law and Jurisdiction
21. Complete Understanding
22. Specific to Freelancers
- To provide any service on YellowBird, you should be beyond the age of 21 years old.
- Those between 18 and 21 years old should have a special agreement from their parents or their legal guardian before be approved as freelancer on the platform.
- Depending to the service you provide, you should make sure you upload all required documents and certificates for your registration to be approved.
- For the safety of all customers, all Freelancers should provide an Interpol certificated fully signed in addition to all other required documents and certificates.
- For all professionals especially those dealing with anything related to the customer health, you should make sure, your license to exercise is valid and you keep your skills updated in other to continue providing your services through the platform.
- All Freelancers or future Freelancers on YellowBird will be checked and interviewed by our professional according to their fields.
- According to the type of service you provide as freelancer, you have to make sure your tools and equipment are well maintained to avoid any inconvenience, accident that can result to an injury. YellowBird will advise on which insurance service or mechanic agency to be used in order to prevent and cover such cases and the freelancer will be fully responsible to take care of any damages and reparations.
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