Yellow Pages 118 24 7 Service Conditions of Use

PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY AS THEY WILL FORM THE BASIS OF THE CONTRACT BETWEEN US AND YOU, IF YOU USE OUR YELLOW PAGES 118 24 7 SERVICE. YOU SHOULD ONLY USE OUR 118 24 7 SERVICE IF THE CONDITIONS ARE ACCEPTABLE TO YOU.

1. The Contract

1.1 When you use our Yellow Pages 118 24 7 Service, you enter into an Agreement with us. The Agreement is made up of:

these Conditions; and
the Tariff.

In the case of conflict between these documents, priority shall be given in the order in which they appear above.

1.2 The Agreement applies to the exclusion of all other written or verbal representations, statements or understandings.

1.3 Except as expressly provided for in these Conditions none of our employees or agents have authority to agree any change to an Agreement.

2. Definitions

2.1 In these Conditions:
"Access Number" means 118247.
"Agreement" means a contract between you and us as described in Condition 1.1.
"Charges" means the charges payable by you to us for the provision of the Service calculated according to clause 6 and the Tariff.
"Cinema Information" means enhanced cinema information, including where a film is showing, times, certificates and running times for film listings where available.
"Conditions" means these contractual conditions.
"Database" means the computer database in which Yell holds Numbers.
"Intellectual Property Rights" means (a) all copyrights, patents, rights in trade marks, design rights, database rights, rights in know-how, trade secrets, rights in confidential information (whether registered or unregistered); (b) applications for registration, and the right to apply for registration, renewal, extension, division or reissue, for any of these rights; (c) and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
"Key Search Term" means a word or phrase recognised by our computer and used when searching the Database for Entries.
"Number" means the name, address and the telephone number of a subscriber to telephony services in the United Kingdom. "Service" means the business and residential directory enquiries service and the cinema information service we offer to users in the United Kingdom who either dial by telephone or send an SMS from a mobile phone to the Access Number.
"Tariff" means our tariff of charges, as published from time to time on http://118247.yell.com/, a copy of which is available to the User on request.
"us" means Yell Limited, a company registered in England and Wales under number 4205228 whose registered office is at Queens Walk, Oxford Road, Reading, Berkshire, England, RG1 7PT; and "we" and "our" has a corresponding meaning.
"User" means a person using the Service.
"you" means the person who uses the Service and who enters into an Agreement with us for the provision of the Services; and "your" shall have a corresponding meaning.

3. Service Provision

3.1 We provide the Service to you:

on the terms and conditions of this Agreement;
with the skill and care of a competent telecommunications directory assistance services provider;
solely for your own use (you may not resell the Service to any third party).

3.2 You may access the Service by telephoning or SMS texting the Access Number from the United Kingdom.
3.3 We may provide a Number or Cinema Information, at your request, by any of the following means:

verbally; or
by connecting you directly to the Number you requested, as part of the Service; or
where you have accessed the Service via a mobile phone, by SMS sent to that mobile phone.

3.4 If we send you a Number by SMS, we may (without additional charge) provide you with a maximum of 10 additional numbers that may be of use to you; or
3.5 If you request a Number and/or Cinema Information via SMS, we will reply with one SMS only, except for those requiring further clarification. If you want us to send you more than one Number or item of Cinema Information, you will have to make more than one request.
3.6 We will use reasonable endeavours to provide Numbers and Cinema Information to you accurately. If we give you the wrong information we will, on your request, refund the attributable Charges, provided that we had the correct information on our Database.
3.7 Any search term you give us is for our guidance only. We reserve the right, at our sole discretion, to add, delete or amend any search term to accord with the Key Search Terms.

4. Use of the Service

4.1 You are responsible for obtaining all necessary equipment and telecommunications services required to access and use the Service.
4.2 You may not use the Service in any improper or unlawful manner or in breach of any legislation or licence that applies to you.
4.3 You must not use the Service to send messages or make requests that are or could, in Yell's reasonable opinion, be deemed to be defamatory, obscene, offensive, discriminatory, objectionable, harassing or inappropriate or could denigrate or harm Yell or its brands.

5. Data Protection

5.1 You acknowledge and agree that, for billing purposes, we may store and pass on to the relevant telecommunications operator information about:

the identity details of the telecommunications line (whether fixed or mobile) you use to access the Service;
the duration of the call in which you access the Service and that of any subsequent call connected by use of the Service; and
the telephone number and network provider required for billing purposes.

5.2 You acknowledge that your use of the Service (and in particular your retention or recording of any Numbers) may be governed by the provisions of the Data Protection Act 1998 or other applicable data protection legislation in force in the European Union.
5.3 We will use your personal data in accordance with our Privacy Policy.

6. Charges for the Service

6.1 You acknowledge and agree that, in common with other premium rate services, the Charges for your use of the Service will appear on an invoice that you receive from the telecommunications operator whose services you used to access the Service. Those charges shall be payable according to your payment arrangements with that telecommunications operator.
6.2 The Charges shall be payable by you, irrespective of whether or not we are able to provide Number or Cinema Information you requested.
6.3 The Charges for each use of the Service will be calculated in accordance with the Tariff.
6.4 Usually, we will not charge you if we are not able to fulfil your request. However, If you send us request by SMS that, in our reasonable opinion, we deem to be defamatory, obscene, offensive, discriminatory, objectionable, harassing, inappropriate or in any way in breach of these Conditions, we reserve the right to charge you for our reply. Alternatively, we may choose not to reply to messages of this nature, in which case, we will not charge you for a reply.

7. Intellectual Property Rights

We own all Intellectual Property Rights in and related to the Service, including:

each of the trade marks Yell, Yell.com, Yellow Pages, 118 24 7 and logos; and
the Database.

8. Suspension of Service

We reserve the right to suspend the Service temporarily for the purpose of essential maintenance of any equipment used to provide the Service or of making enhancements to such equipment or to the Service, but we undertake to use reasonable endeavours to ensure that the length and frequency of any such interruptions are minimal and carried out at such times as in our opinion are likely to cause the least inconvenience.

9. Cancellation

We may cancel this Agreement or the Service at any time and for any reason.

10. Limits to our liability

10.1 There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of something we have or have not done or because we have committed fraud.
10.2 The Service is not fault or error free.
10.3 Under no circumstances will we or any of our personnel or any other organisation involved in the provision of the Service be liable for any loss of:

profits;
business or business opportunities;
savings you expect to make;
goodwill;
use of corrupted information; or
information.

10.4 If we do not keep to this Agreement, we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether they are because we have not kept to our obligations or contract, because of something we have not done, due to defamatory statements or liability for a product or otherwise as a result of:

using or relying on the Service, or the Numbers or Cinema Information provided;
not being able to use the Service;
any mistake, fault, failure to do something, missing information, or if the Service does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
theft, destruction of information or someone getting access to our records, programs or services without our permission;
goods, products, services or information received through or advertised via the Service; or
any information, data, message or other material which distribute or receive using the Service.

10.5 You acknowledge that any Number or Cinema Information supplied by us as part of the Service is derived from databases and directories supplied to us by third parties. You also acknowledge that many subscribers to telephony services in the United Kingdom do not permit their Numbers to be made available to directory enquiry services, and accordingly our Databases cannot list all Numbers and Cinema Information in use in the United Kingdom. Subject to clauses 3.6 and 10.1, Yell accepts no liability for any loss attributable to or caused by any unavailability or inaccuracy in any Number or Cinema Information.
10.6 To the extent that our liability is not excluded by this Condition 10, our liability to you in connection with this Agreement (whether arising in contract, tort (including negligence) or otherwise) is limited to refunding the Charges to you.
10.7 Each part of this Agreement that excludes or limits our liability, operates separately, and if any part is disallowed the other parts will continue to apply.

11. Assignment

We shall have the unrestricted right to assign, license or otherwise dispose of its rights and obligation (in whole or in part) under this Agreement.

12. Changes

We may vary these Conditions and/or the Tariff, at any time. We will ensure that the most recent version of these Conditions and the Tariff are held on http://118247.yell.com. Any changes take effect from the date that the Conditions and Tariff are available on http://118247.yell.com.

13. General

13.1 Failure by either party to enforce any of its rights under this Agreement is not to be taken as or deemed to be a waiver of that right unless the waiving party acknowledges the waiver in writing.
13.2 A person who is not a party to an Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of that Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
13.3 Part or all of any Condition that is unenforceable or illegal is to be severed from this Agreement and does not affect the enforceability of the remaining provisions of this Agreement.
13.4 These Conditions and the Tariff make up the whole agreement between you and us in how you use the Service. If a court decides that a Condition is not valid, the rest of the Conditions will still apply.
13.5 This Agreement is made under and shall be subject to the laws of England (for both contractual and non-contractual claims) and we and you both submit to the exclusive jurisdiction of the Courts of England and Wales.