This Agreement is between Yell Telecommunications ("Yell"),
and you ("you" or "Customer"), as an authorised user of OneNUMBER
Services, and governs the terms and conditions of your use of the OneNUMBER Services.
This Agreement, together with any operating rules, policies,
price schedules, or other supplemental documents expressly incorporated herein
by reference and published from time to time by Yell (collectively, the "Agreement"),
constitutes the entire agreement between Yell and you regarding the OneNUMBER
Messaging Services, and supersedes all prior agreements between the parties regarding
the subject matter of this Agreement. Notwithstanding the foregoing, your use
of any software provided by Yell related to the Services shall be pursuant to
a separate agreement governing Customers' use of such software.
For purposes
of this Agreement, "OneNUMBER Messaging Services" or "Services" are
defined as any and all services provided by Yell to you either now or in the
future. By using the OneNUMBER messaging Service, you confirm your acceptance
of, and agree to be bound by, this Agreement.
If you begin the sign up process for OneNUMBER Services but fail to complete
the process, OneNUMBER may contact you one (1) time via email in an effort to
help successfully guide you through this process. You hereby authorise OneNUMBER
to make such contact, even if you ultimately determine not to sign up for OneNUMBER
Services.
1. OneNUMBER Services
Yell offers the OneNUMBER Messaging Services at its
website www.Yell.com.au (together with other website's owned and operated by
Yell, the "Yell website").
Individually, the Services are:
a. Inbound Fax: ("OneNUMBER Inbound
Messaging Number") includes a personal
local telephone number, that provides for the delivery of faxes and voice messages
to electronic mail ("email"); b. Outbound Fax: provides for the delivery of documents to fax
machines using the internet. c.Out bound SMS: provides for the delivery of SMS to mobile
phones using email.
2. Privacy Policy
Yell is dedicated to establishing a trusting relationship with its Customers,
based on respect for personal identity and information. To demonstrate our commitment
to Customer privacy, we have developed a Privacy Policy, a current copy of which
is available by clicking here.
If we decide to change our privacy practices, we will post those changes in our
Privacy Policy, and other places we deem appropriate, so our Customers are always
aware of what information we collect, how we use it, and under what circumstances,
if any, we disclose it. We will use information in accordance with the Privacy
Policy under which the information was collected.
If, however, we are going to
use Customers' personally identifiable information in a manner different from
that stated at the time of collection we will notify Customers via email. Customers
will have a choice as to whether or not we use their information in this different
manner. However, if Customers have opted out of all communication with Yell,
or deleted/deactivated their account, then they will not be contacted, nor will
their personal information be used in this new manner. In addition, if we make
any material changes in our privacy practices that do not affect Customer information
already stored in our database, we will post a prominent notice on our Web site
notifying Customers of the change. In some cases where we post a notice we will
also email Customers who have opted to receive communications from us, notifying
them of the changes in our privacy practices.
3. Customer Responsibilities
You are fully responsible for the contents of your transmissions
through the Services. OneNUMBER simply acts as a passive conduit for you to send
and receive information of your own choosing. However, Yell reserves the right
to take any action with respect to the Services that Yell deems necessary or
appropriate in its sole discretion if Yell believes you or your information may
create liability for Yell, compromise or disrupt the Services for you or other
Customers, or cause Yell to lose (in whole or in part) the services of Yell's
ISP's or other suppliers. Your use of the Services is subject to all applicable
local, state, national and international laws and regulations (including without
limitation those governing account collection, export control, consumer protection,
unfair competition, anti-discrimination, securities laws or false advertising).
You agree:
1. to comply with Australian law regarding the
transmission of technical data exported from Australia through the Services; 2. not to use the Services for illegal purposes; 3. not to interfere or disrupt networks connected to the Services; 4. to comply with all regulations, policies and procedures of networks connected
to the Services; 5. not to use the Services to infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or privacy; and 6. not to transmit through the Services any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature.
You further agree not to transmit any material that encourages
conduct that could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national or international law
or regulation. The Services make use of the Internet for you to send and receive
information of your own choosing. As a result, your conduct is subject to Internet
regulations, policies and procedures. You agree not use or reference the Services
for chain letters, junk fax or junk mail, spamming or any use of distribution
lists to any person who has not given specific permission to be included in such
a process, and further agree not to attempt to gain unauthorised access to other
computer systems. You shall not interfere with another Customer's use and enjoyment
of the Services or another entity's use and enjoyment of similar services.
You must:
a. obtain and pay for all equipment and third-party
services (e.g., Internet access and email service) required for you to access
and use OneNUMBER Services; b. maintain any security of your Customer identification, and other confidential
information relating to your OneNUMBER account and; c. be responsible for all charges resulting from use of your OneNUMBER account,
including unauthorised use prior to your notifying Yell of such use and taking
steps to prevent its further occurrence
4. Junk Fax/Spam Drop-Box Policy.
a. Unsolicited Fax Advertisement Policy.
Distribution of unsolicited fax advertisements through the Services is prohibited.
Notwithstanding the above, Yell's distribution of advertising to its customers
is not considered unsolicited fax advertising based upon your acceptance of this
Agreement. Yell understands that receipt of such faxes can impair
your use of our Services. Accordingly, Yell intends to use legally available
means to prevent distribution and receipt of unsolicited fax advertisements to
or by our Customers. At Yell's option and without further notice, Yell may use
technologies and procedures, such as filters, that may terminate such unsolicited
fax advertisements without delivering them.
If you believe that you are in receipt of an unsolicited
fax advertisement, we ask that you take the following two steps:
(1) If the fax contains a telephone number, fax number,
or other contact information to "unsubscribe" from receipt of additional
junk faxes, please do so; and (2) Lodge a complaint with OneNUMBER support@yell.com.au by
providing as much information as possible and including a copy of the offending
fax.
b. Spam Drop-Box
Policy.
Yell does not permit its Customers to use their OneNUMBER inbound number as a "drop-box" for
responses to email spam offers. If you believe you are in receipt of email spam
that uses an OneNUMBER inbound number as a fax drop-box for responses, we ask
that you take the following steps:
(1) If the email contains an email address,
telephone number, fax number, or other contact information to "unsubscribe" from
receipt of additional emails, please do so. (2) If you are unable to successfully "unsubscribe," please
forward the offending email to OneNUMBER support@yell.com.au. We will investigate
your complaint and determine if the fax number referenced in the spam email is
an OneNUMBER inbound number. If it is, we will attempt to contact the customer
and, if necessary and appropriate, terminate their OneNUMBER Service.
We appreciate your assistance in enforcing and complying
with these policies and look forward to continuing to make the OneNUMBER experience
a positive one for you.
5. Termination
Either you or Yell may terminate your OneNUMBER account
at any time, with or without cause, upon notice. Yell must
be advised by you if you wish your service to be cancelled. Upon receiving this
advise Yell will confirm the termination of the service. Any such notice by you
to Yell must be in accordance with Yell's verification procedures, as such procedures
may be established and changed by Yell from time to time in its sole discretion,
and which may include the requirement that you contact Yell by phone to confirm
that any such notice was in fact sent by you. Yell also reserves the right to
terminate or suspend your OneNUMBER account without prior notice, provided that
Yell will attempt to confirm such termination or suspension by subsequent notice.
6. Customer Representations
You represent and warrant that you are at least 18 years
of age or, as applicable, the age of majority in the country, state and/or province
in which you reside, and that you possess the legal right and ability to enter
into this Agreement. You agree to be financially responsible for your use of
OneNUMBER Services (as well as for use of your account by others, including minors
living with you) and to comply with your responsibilities and obligations as
stated in this Agreement.
7. Modifications to Customer Agreement
Yell may automatically amend this Agreement at any time
by (a) posting a revised OneNUMBER Customer Agreement on the Yell Website, and/or
(b) sending information regarding the amendment to the email address you provide
to Yell.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE Yell WEBSITE
TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED
SUCH AMENDMENTS BY CONTINUING TO USE OneNUMBER SERVICES AFTER SUCH AMENDMENTS
HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU.
8. Modifications to Services
Yell reserves the right to modify or discontinue any of
the Services with or without notice to you. Yell shall not be liable to you or
any third party should Yell exercise its right to modify or discontinue the Services.
9. Member Account and Security
As part of the registration process, you will be required
to provide an email address. Once you become a registered user, your service
details will be automatically sent to you by email. You are entirely responsible
for maintaining the confidentiality of your password, OneNUMBER service details
and account information. Furthermore, you are entirely responsible for any and
all activities that occur under your account. You agree to immediately notify
Yell of any unauthorised use of your account or any other breach of security
known to you.
10. Charges.
a. You agree to pay all charges for your
use of OneNUMBER Services at the prices then in effect for your country of residence.
Yell reserves the right to change prices or institute new charges for access
to or use of OneNUMBER. All changes will be posted by Yell at the Yell Website
and you are responsible for regularly reviewing such pricing information to obtain
timely notice of such changes. Continued use of OneNUMBER Services or non-termination
of your OneNUMBER account after changes are posted constitutes your acceptance
of the prices as modified by the posted changes.
b. Payment of your Yell account balance is due monthly and must
be made by the credit or debit card designated by you for Yell use and transactions.
c. Charges are to be paid on a monthly
basis in the currency in which billed. If payment is not received by Yell from
the issuer of your credit or debit card (or its agent or affiliate), you agree
to pay all amounts due upon demand by Yell Each time you use OneNUMBER Services,
or allow or cause OneNUMBER Services to be used, you agree and reaffirm that
Yell is authorised to charge your designated card. Your card issuer's agreement
governs your use of your designated card in connection with OneNUMBER, and you
must refer to such agreement (not this Agreement) with respect to your rights
and liabilities as a cardholder. You agree that Yell may (at its option) accumulate
charges incurred during your monthly billing cycle and submit them as one or
more aggregate charges during or at the end of each cycle, and that Yell may
delay obtaining authorisation from your card issuer until submission of the accumulated
charge(s). This means that accumulated charges may appear on the statement you
receive from your card issuer.
d. Your Plan Fee is payable in advance
and is COMPLETELY NON-REFUNDABLE. You agree that Yell may submit charges for
your monthly service and usage fee each month, without further authorisation
from you, until you provide prior notice (in accordance with Yell's verification
procedures, as may be established by Yell from time to time in its sole discretion)
that you have terminated this authorisation or wish to change your designated
card. Such notice will not affect charges submitted before Yell reasonably could
act on your notice. If you have any question regarding any charges that have
been applied to your account, you must contact Yell's Customer Service Department
within 30 days of the charge date. Failure to use your account will not be deemed
a basis for refusing to pay any charges submitted by Yell in accordance with
this Agreement.
e. If you subscribed for a OneNUMBER Service
pursuant to a special offer granting you a free trial period, your Plan Fee and
any initial monthly service fee will BE PRE-AUTHORISED AGAINST YOUR CREDIT CARD
OR DEBIT CARD LIMIT (meaning the amounts pre-authorised will not be considered
available credit or debit funds in such account) and will be immediately charged
to your credit or debit card, without further authorisation from you, upon the
expiration of such free trial period, unless you provide prior notice (in accordance
with Yell's verification procedures, as may be established by Yell from time
to time in its sole discretion) that you have terminated this authorisation.
Such notice will not affect charges submitted before Yell reasonably could act
on your notice.
f. You must promptly notify Yell of changes to:
(a) the
account number or expiration date of your designated credit or debit card; (b)your billing address (for the designated credit or debit card); and (c) the name
of each minor whom you have authorised to use your OneNUMBER account. You must
also promptly notify Yell if your card is canceled (e.g., for loss or theft).
11. Payment
Yell reserves the right to suspend or terminate your OneNUMBER
account without notice upon rejection of any credit or debit card charges or
if your card issuer (or its agent or affiliate) seeks return of payments previously
made to Yell when Yell believes you are liable for the charge. Such rights are
in addition to and not in lieu of any other legal rights or remedies available
to Yell.
12. Ownership of Inbound Numbers.
a. YOU FURTHER UNDERSTAND AND AGREE THAT
YOU ARE NOT THE OWNER OF ANY INBOUND NUMBER ASSIGNED TO YOU BY YELL. OWNERSHIP
OF ANY SUCH INBOUND NUMBER IS VESTED SOLELY IN YELL (WHICH WILL ASSIGN SUCH NUMBER
TO YOU FOR YOUR USE DURING THE TERM OF THIS AGREEMENT). YOU UNDERSTAND AND AGREE
THAT FOLLOWING THE TERMINATION OF YOUR OneNUMBER ACCOUNT FOR ANY REASON, SUCH
INBOUND NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE
THAT YELL WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL
DAMAGES) ARISING OUT OF ANY SUCH RE-ASSIGNMENT, AND YOU HEREBY WAIVE ANY CLAIMS
WITH RESPECT TO ANY SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACTUAL, TORT OR
OTHER GROUNDS, EVEN IF OneNUMBER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
b. YOU FURTHER UNDERSTAND AND AGREE THAT YELL MAY FROM
TIME-TO-TIME NEED TO CHANGE THE INBOUND NUMBER ASSIGNED TO YOU (WHETHER DUE TO
AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN YELL'S CONTROL).
YOU AGREE THAT YELL WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR
SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE INBOUND NUMBER ASSIGNED
TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER
BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF YELL HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES.
13. Indemnification
You agree to indemnify Yell and service providers from and against any and
all liabilities, expenses (including attorneys' fees) and damages arising out
of claims based upon use of your OneNUMBER account, including any violation of
this Agreement by you or any other person using your account, any claim of libel,
defamation, violation of rights of privacy or publicity, any loss of service
by other customers, any infringement of intellectual property or other rights
of any third parties, and any violation of any laws or regulations prohibiting
transmission of unsolicited faxes.
