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Terms and Conditions of Use for the teamyell Website and Services
The following terms and conditions apply to all users of the teamyell.com website
and to all purchases from Team Yell Limited ("we" or "us" or "teamyell").
By viewing and using the website you will be deemed to agree to these terms of use without qualification.
If you do not agree to be bound by these terms, you should stop accessing and using the website.
A. Use of the Website
1. Liability: Reasonable care has been taken to ensure the facts
stated in the website are accurate and the opinions given are fair and reasonable, however,
neither we nor any of our employees, to the fullest extent permitted by law, will in any way
be responsible for errors or misstatements or be liable whether in contract,
tort (including negligence) or otherwise for any loss or damage however
caused (whether direct, indirect, consequential, special, or loss of profits).
2. Copyright and Limited Reproduction Notices: The contents of the website are the copyright
of Team Yell Limited. No part of the website may be distributed or copied
for any commercial purpose and you are not permitted to incorporate the material or any part
of it in any other work or publication (whether in hard copy, electronic or any other form)
without giving teamyell clear credit. Without limiting the obligation to give credit to
teamyell, you may not remove or alter any trademarks or logos that appear on any material on the website.
3. Linking: The contents of the website may include links to third party materials ("linked sites").
We will not be responsible for the contents of any linked site or liable for any direct or indirect
loss or damage suffered by you from accessing, using, relying on or trading with third parties.
These links are provided to you only as a convenience, and the inclusion of any link does not imply
our endorsement of the site or any association with their operators. We reserve the right to prohibit
links to the website and you agree to remove or cease any link upon our request. You may not frame
any part of the website material by including advertising or other revenue generating material.
4. Advertisers: Any dealings with any advertiser appearing on the website are solely between you and
the advertiser or other third party. We are not responsible or liable for any part of any such
dealings or promotions.
5. Disclaimer: The website makes information and material available to you as a service. Use of the
website material is at your own risk. We are not responsible for any adverse consequences arising out
of the use of information, data or services contained on, or provided through, the website. The
material and service contained on, or provided through, the website have not been prepared by taking
into account the particular objectives, situation or needs of your team. It is a general
information service only. You should assess whether teamyell is appropriate in light of your own objectives,
situation and needs. We do not give any warranty of accuracy or reliability of information contained
on the website to you or any other person. To the extent permitted by law we exclude all
responsibility and liability for such material.
6. Communication Conditions: If you use any communication tools available through the website (such as
any email reminders and text reminders), you agree only to use such communication tools for lawful and
legitimate purposes. You must not use any such communication tool for posting or disseminating any
material unrelated to the use of the website or services including (but not limited to):
offers of goods or services for sale, files that may damage any other person's computing devices or
software, content that may be offensive to any of our other users, or material in violation of any law
(including material that is protected by copyright or trade secrets which you do not have the right to
use). When you make any communication on the website, you represent that you own the content of the
communication. We are under no obligation to ensure that the communications on the website are
legitimate. As with any other web-based forum, you must exercise caution when using the communication
tools available on the website. However, we do reserve the right to remove any communication at any time
in our sole discretion.
7. Data: Any data entered by you into the website remains your property but you may not be able to
export any such data from the website. You should take, and maintain, a copy of all such data before
inputting it into the website. You may request a copy of any data entered by you into the website by
emailing us at support@teamyell.com, which we will provide [as soon as reasonably practicable] for a
reasonable fee. We will not access your data. However we do reserve the right to aggregate and use the
metrics surrounding your data for our business purposes including benchmarking and comparison. We adhere
to our best practice policies and procedures to prevent data loss, including a daily system data back-up
regime, but we do not make any guarantees that there will be no loss of data. We may also use third
parties to store data and consequently our ability to store and retrieve your data is subject to change.
8. Privacy: We maintain a privacy policy, which you can read on our website. You agree to obtain any
consents required from individuals whose personal information may be accessed by teamyell in connection
with the uses contemplated by the privacy policy.
9. Electronic Messages: When you subscribe to our newsletter or services, you are giving us
your consent to contact you by way of electronic messages for marketing and promotional purposes.
B. Supply of Services
1. Terms: We will supply services to you only on these terms (as may be amended from time to time).
2. Price: The price of services is that stated on the website at the time of acceptance by
us of your order. The prices include applicable taxes (including New Zealand goods and services tax if applicable).
We may alter prices without notice and prices may be different from the price current at the time of order.
3. Supply: On receipt of an order to purchase services, we will endeavour to supply you with
the services ordered, but we will not be liable to any person if we decline to fulfil, or are unable
to fulfil, an order.
4. Payment: Where you are purchasing services directly from us,
we require payment from you by credit card before services are provided to you.
5. Text Reminders: Where you have requested that we send text reminders, this service will
be deemed to be provided when the text message has been successfully delivered to the mobile phone company's
SMS infrastructure. teamyell accepts no responsibility if the text message can not be delivered (or can not be
delivered in a timely fashion) by the mobile phone company. For example, if the destination mobile phone is turned off,
or the destination mobile phone is on but out of coverage, or the mobile phone company's infrastructure causes delays,
then the service will be deemed to have been provided & you will be charged for the service.
6. Refunds: We will not be liable to provide you with a refund for any services we provide,
except as required by law. The only exception to this is when you have pre-purchased a service (such as text
reminders) using a credit card and the service has not been provided. In this case a refund can be requested
for the service that has not been provided. The refund will be applied to the original credit card that made the purchase.
7. Termination:
We reserve the right, without notice and in our sole discretion, to terminate your account and your license
to use the website and our services and to block or prevent future access to and use of the website and our services.
Without limiting the foregoing, it is our policy to terminate, in appropriate circumstances as determined in our
sole discretion, subscribers or account holders who we determine are repeat infringers.
8. Limitation of Liability: Our aggregate liability and that of our third party suppliers
under or in connection with the services (whether under these terms or otherwise)
shall be limited to direct money damages not to exceed the total of prior payments made by you to us for
the services in the six months prior to the act or omission giving rise to the liability.
Notwithstanding anything to the contrary in these terms and conditions, in no event will we,
or our third party suppliers be liable under any theory of contract, tort, strict liability
or other legal or equitable theory or otherwise for any indirect, consequential, special or incidental
damages, or for third party claims or losses, lost profits, lost business revenue, other economic loss or
any loss of data arising out of the use of or inability to use the website or the services or the cost
of procuring substitute services even if we have been advised of the possibility of such risk.
9. Technical Problems: In the case of technical problems you must make all reasonable efforts to
investigate and diagnose problems before contacting us. If you still need technical help, please email
us at support@teamyell.com.
10. Changes to Terms and Conditions: We reserve the right to change these terms and conditions at any time
by notifying users of the existence of revised terms and conditions through the website. By continuing to
access the website, you agree to be bound by the amended terms and conditions.
11. Waiver: If at any time we do not enforce any of these terms or grant you time or other indulgence,
we will not be construed as having waived that term or our rights to later enforce that or any other term.
12. Severability: If any portion of these terms and conditions is deemed to be invalid, illegal or
unenforceable the remaining provisions shall remain in full force and effect.
13. Governing Law: These terms will be governed by New Zealand law and you agree to submit
to the exclusive jurisdiction of the New Zealand Courts. The application of the United Nations Convention
on Contracts for the International Sale of Goods is expressly excluded.
Version 1.1 Effective 23 May 2008.
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