TERMS AND CONDITIONS OF USE OF THE YAZOOMER WEBSITE
Please find below the General Terms and Conditions and Terms of Use (“Terms”) which governs all use of this website Yazoomer.com (“Site”). This document should be read in conjunction with the website Privacy Policy, Copyright Policy and any other documents referred to herein. By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. If you do not agree to be bound by these Terms, you should not use the Site.
Definitions
- Site – www.yazoomer.com (Also includes any direct subsidiary sites)
- Yazoomer Ltd –The company who owns the Site.
- Services – The functionality offered by the web application software on the Site. The Services are owned and operated by Yazoomer Ltd. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site.
- User – Specifically anyone who may or may not register their details and uses the Site.
- Advertiser – A registered User who uploads adverts to the Site.
- Subscription - A recurring payment to Yazoomer Ltd by an Advertiser.
About the Site
The Site www.yazoomer.com is a wholly owned subsidiary of Yazoomer Ltd a company registered in England and Wales.
The Site provides online directory and social media marketing services which allow for the creation and management of advertisements for companies for the provision of their services
Yazoomer Ltd reserves the right to change the Terms at any time and in any manner it deems fit without prior notice to Users, Advertisers or any third party. Any changes will come into force immediately they are posted onto the Site.
Yazoomer Ltd may at its discretion notify registered Users/Advertisers of any changes via email, but is not bound to do so.
By logging in, visiting or using the site any User/Advertiser will be deemed to have unconditionally accepted the Terms. If a User does not accept the Terms, they must stop visiting or using the Site.
If a User/Advertiser is deemed to have violated the Terms of the Site, Yazoomer Ltd are not obligated to provide a refund of any subscription that may have been paid or recompense to said User/Advertiser.
Yazoomer Ltd reserves the right to block, restrict or terminate the services offered to any User/Advertiser who breaches the Terms and for any other reason at the Company’s discretion, whether in violation of these Terms or not. Yazoomer Ltd may take appropriate legal action against the User/Advertiser if deemed necessary.
Access to the Site
It is agreed that a User will only use the Site for the primary purpose of reviewing adverts and in the case of an Advertiser to register, upload and manage adverts. It is agreed that a User/Advertiser’s registration will be verified by undergoing a number of checks. These must be completed before a registration is activated.
A User/Advertiser may not:
(i) Enter, select, submit or use a false name or an email address owned or controlled by another person with the intent to impersonate that person.
(ii) Use a User Identifier without appropriate authorisations or rights.
(iii) Use or submit a mobile number or email to register on the Site in respect of which you are not the registered owner, bill-payer and or account holder.
Yazoomer Ltd reserver the right in our sole discretion to refuse registration of, suspend or cancel a User/Advertisers use or access rights to the Site without notice.
Links to the Site are permitted providing they have no malicious purpose and do not violate the Terms and Conditions. However it is acknowledged that Yazoomer Ltd may have no control over websites that are either linked to or from the Site and are not responsible for any content on these websites and shall not be responsible or liable for any damage or loss caused through accessing any such website.
Yazoomer Ltd may release User/Advertiser information to relevant authorities if required by law.
Restrictions On Right to Use the SIte
All Users/Advertisers agree that they shall not (And agree not to allow any third party to):
- Modify, adapt, translate, or reverse engineer any portion of the Site and/or any Yazoomer.com Services.
- Remove any copyright, trade mark or other proprietary rights notices contained in or on the Site and/or any Yazoomer.com Services or in or on any Content or other material obtained via the Site.
- A User/Advertiser may not copy, edit, download, publish or transmit any web pages, images, content or other proprietary information contained within the Site for any purpose without the express written permission of Yazoomer Ltd. All material on the Site including Trademarks and logos are copyrighted and protected under law.
- Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or any Yazoomer.com Services without the express permission or knowledge of Yazoomer Ltd.
- A User/Advertiser will not use the Site for any illegal or unauthorised purpose. Nor will a User/Advertiser directly or indirectly expose the Site and/or its technical infrastructure to any robot, spider or other programmatic denial of service routine or hardware based load that will disrupt or interfere with the services of the Site.
- Access, retrieve or index any portion of the Site and/or the Yazoomer.com Services for the purposes of constructing or populating any database.
- Collect or harvest any information about other Users or Users of the Site and/or the Yazoomer.com Services (including User Identifiers) for any purpose other than to use the Site for the purposes of responding to advertisements or to use the Site in the manner which it was intended.
- Reformat, alter or frame any portion of the web pages that are part of the Site.
- Create User accounts by automated means or under false or fraudulent pretences or create multiple registrations.
- Create or transmit unwanted electronic communications such as "spam" to other users of the Website and/or the Yazoomer.com Service or otherwise interfere with other user's enjoyment of the Website and/or the Yazoomer.com Service.
- Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature to or via the Site.
- Use the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene.
- Copy or store any Content offered on the Website for other than your own use.
- Engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the Site.
- Impersonate any person or entity.
- Upload, post, e-mail, transmit or otherwise make available using the Site any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights.
Advertisers
By registering as an Advertiser on the Site, it is agreed that all information supplied by the Advertiser at any time to Yazoomer Ltd will be true and accurate. If any information provided is believed to be untrue, inaccurate or fraudulent, Yazoomer Ltd has the right to suspend or terminate an Advertisers access to the Services without notice.
Only individuals of 18 years or older are eligible to register as an Advertiser.
By registering as an Advertiser, it is agreed that Yazoomer Ltd (Or its subsidiaries) may use a Advertisers name and logo for the purpose of marketing them as an existing or past customer of Yazoomer Ltd whether on the Site or in marketing and promotional material.
It is acknowledged and agreed that if an Advertiser contributes, provides or makes available any content to the Site, that they hereby grant to Yazoomer Ltd a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and licence to use or reproduce this content in whole or in part, for any purpose whatsoever.
It is understood that all Advertisers content is accurate and truthful and does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and complies with all applicable laws and regulations. When creating an advertisement on the Site an Advertiser agrees to promptly update the any information regarding the advert should the accuracy of the content change.
To the extent that is permissible by law, an Advertiser agrees that using or visiting the Site is entirely at their own risk and Yazoomer Ltd cannot be held liable for any losses whatsoever arising in connection with their use of the Site.
Services
Yazoomer Ltd may at its sole discretion, terminate a User/Advertisers access to the Services on the Site. It may also, remove ANY content uploaded by a User/Advertiser, at any time and for any reason. It is agreed that any termination of a User/Advertisers access to use the Services may be effected without prior notice. It is also acknowledged and agreed that as a result of termination of Services or otherwise, Yazoomer Ltd shall not be liable to a User, Advertiser or any third party as result of any loss arising from the termination of Services on the Site.
Yazoomer Ltd reserves the right to modify, suspend or discontinue, whether temporarily or permanently, the Services (or any part thereof) for any reason with or without any notice. It is that Yazoomer Ltd shall not be liable to any User/Advertiser or to any third party for any modification, suspension or discontinuance of the Services on the Site.
Account Details & Security
As part of the Site registration process, a User/Advertiser will create a username and password. It is the responsibility of the User/Advertiser for maintaining the confidentiality of the password and account, and they are fully responsible for all activities that occur under their account without limitation.
Any User/Advertiser accounts created and submitted to the Site are non-transferable.
A User/Advertiser agrees to immediately notify Yazoomer Ltd of any unauthorised use of their password or account or any other breach of security. It is the User/Advertisers responsinility to ensure that they Log Off from any session from their account especially on a public or shared computer. Yazoomer Ltd will not be liable for any loss, damage or other liability arising from your failure to comply with the above or from any unauthorised access to or use of an Advertisers account.
Yazoomer Ltd have no obligation to monitor or moderate any User/Advertiser's activity or use of the Site and/or any Yazoomer Services, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with this Agreement.
Copyright
It is the User/Advertisers responsibility to ensure that they have the express consent of the licensee to use any material uploaded to the Site. Copyright infringements are deemed to be a violation of the Terms and Conditions and will result in the termination of a User/Advertisers access to the Site.
Yazoomer Ltd cannot be held liable for any copyright misuse of articles, images or other copyrightable material provided to us by a User or Advertiser.
Refund Policy
All Services purchased on the Site are final, non-refundable and non-transferable. Any specific conditions regarding a Refund Policy may be read here.
Liabilities and Responsibilities
Yazoomer Ltd will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including but not restricted to technology failure or outages, communications failure or outages, fire, flood, war or an act of God.
Yazoomer Ltd expressly disclaims all warranties of any kind express or implied that the Services on the Site will be fit for a particular purpose, uninterrupted, timely, secure or accurate.
The Site and all content is delivered on an ‘as is’ basis and Yazoomer Ltd cannot be held responsible nor is liable for any loss as a result of any errors or the validity of content uploaded by Advertisers. Yazoomer Ltd will endeavour to ensure that all content maintained on the Site is free from viruses or malware but cannot guarantee that to be always the case.
Yazoomer Ltd will not be held responsible or liable for any loss or damages of any kind resulting from use of the Site.
Yazoomer Ltd, its staff, subsidiaries or agents are not responsible for any loss, liability, claim, disputes or punitive damages made by any third party whether directly, indirectly, consequentially or otherwise due to or arising out of the use of the Site or any Services connected with the Site.
Yazoomer Ltd’s total liability in respect of the agreement between itself and the User/Advertiser shall be limited to the Subscription paid for Services.
Yazoomer Ltd takes all possible checks and precautions to ensure the validity of an Advertiser and the authenticity of an advert. However Yazoomer Ltd is not responsible and shall have no liability for any advert placed by an Advertiser on the Site. Neither will Yazoomer Ltd be responsible for the actions or inactions of an Advertiser or any third party related to an advert. Any issues regarding an Advertisers services failing to be fit for purpose should be referred to the Advertiser.
The limitation on any exclusion from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.
Interpretation and Jurisdiction
These Terms and Conditions refer only to the Site. Any other websites which a User/Advertiser links to from the Site will be governed by their own terms and conditions. Yazoomer Ltd accepts no responsibility or liability for these websites.
These Terms shall be governed by and construed in accordance with the laws of England and Wales. All parties agree irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales. In the event of a dispute arising, whether relating to these Terms and Conditions, through use of the Site or through agreements entered into, litigation must be brought in a court of England and Wales.
Statutory Rights
All statements, guarantees or warranties in these Terms and Conditions are additional to and do not affect your statutory rights.
Please note that Yazoomer Ltd reserve the right to change these Terms and Conditions at any time and may do so without prior notice. Any changes are effective immediately upon posting on the Site. It is suggested that you check this page of the Site periodically.
Unauthorised use of the Site
Illegal and/or unauthorised use of the Site by a User, Advertiser or other party will be investigated and the appropriate legal action will be taken.
Yazoomer Ltd reserves the right to block, restrict or terminate the services offered to any User/Advertiser who is considered to be accessing the Site for illegal or unauthorised use.
Prohibited Content
All Users/Advertisers are lliable for all Content, in whatever form, that they provide to the Site.
It is prohibited in these Terms and Conditions for a User/Advertiser to upload any content that is deemed to be illegal under the jurisdiction of England and Wales. This may include but is not limited to: Pornography, racism or bigotry, information that is false, misleading or promotes illegal activities, unauthorised use of copyrighted work, libellous or defamatory material.
Yazoomer Ltd reserves the right to block, restrict or terminate the services offered to any User/Advertiser who is considered to be uploading prohibited content and to remove such content without notice.
Privacy
All information provided by Users, Advertisers or other visitors whether directly through the Site or indirectly via email or other methods and which is collected by Yazoomer Ltd is governed by the Site Privacy Policy. It is strongly recommended all visitors to the Site review the Privacy Policy closely.
Please report any violations of the Site Terms and Conditions or any Content that is in breach or in any other way objectionable by email to: info@yazoomer.com
