The content of the Application is the property of YellowBird Group Technologies Private Limited (“The Company” or YellowBird”). The Company provides personal assistance to users through a technology-based interface connecting freelancers/service providers and consumers of products and services via the Application or on any other media format or channel for the purpose of carrying out the business of the Company (the “Services”).
The Company reserves the right to modify or terminate any portion of the Application or the Services offered by the Company for any reason, without notice and without liability to you or any third party. It’s your responsibility to regularly review these Terms to be aware of any updates. Nothing in these Terms should be construed to confer any rights to any third party beneficiaries.
You will be required to register on the Application and create an account prior to the completion of any transaction on the Application.
To register onto the Application you will have to provide your personal image, phone number and email address which have to be confirmed either by SMS notification or any other verification token that will be provided. We will also require other Information for your identification (information which describes you, or which is associated with you).
Registration is only a one time process. If you’ve previously registered and you log out or change your handset, you can just log in to the same account using the same phone number. But that will require you to re-verify your phone number/email using the provided verification token.
Getting an account in the Application is free of charge for all qualified users. However, a fee may be charged for subscribing to any new/additional Services offered by the Company exclusively to registered users. The Company reserves the right to change the fee policy applicable to such paid registration. Changes to the fee policy will be posted on the Application and such changes shall become effective immediately after they are posted on the Application.
Use of the Application is available only for persons above the age of legal majority in your jurisdiction (18 years old by default) with a fully registered and identified phone number as per their country network regulator law and who provide correct information on their profile. Otherwise, we reserve the right to reject your registration if you are not qualified and/or revoke your membership if we find out later that you provided wrong information. As a minor, if you wish to use or transact on the Application, such use or transaction may be made by your legal guardian or parents.
In other to fully enjoy our service and to be aware of new promotions and receive your bills and transactions details, you need to keep your account details up to date with information such as your email address, phone number and address. Your account is yours and you are responsible for all activities that occur under it. Transferring or sharing your account details with another person or entity is not recommended. You will be fully responsible for any transaction fraudulent or not made under your account by a third party. (You will be responsible for any fraudulent transaction made on your account by a third party)
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 use 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.
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 a discussion or chats 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.
Limited License for Access
The Company grants you a limited license to access and make personal use of the Application, but not to download (other than page caching) or to modify it (or any portion thereof), except with the 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 the 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.
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 the 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 the 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 the 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.
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).
Pricing and Product Availability
The Company will display on the Application, the estimation of the price and availability of the products and services you requested, wherever specific freelancers are mapped and are available.
Although prices of most of the products will depend on the duration, distance, amenities required and can fluctuate on a daily basis depending on the market condition. For any request, the price shall be the price displayed by a freelancer to you as soon the transaction is done. A confirmation by mail or through your application will be available for time/duration/distance based services.
The prices listed on the Application are not negotiable. Although for some specific freelance service the price may be discussed with the freelancer after the inspection.
Despite the best efforts of the Company, such information on the price and availability of products or services may be inaccurately displayed on the Application. The Company reserves the right to correct any and all errors when they do occur and the Company does not honour inaccurate or erroneous prices. The prices on the Application are also subject to change without notice.
The Application provides multiple payment options from credit card to pay by cash.
- Credit Card: By using your credit card, the application collects the money on behalf of the freelancer;
- Mobile payment: You can as well pay (for) your service through the mobile wallet payment that will be available for your country that will be associated with your registered phone number.
- Payment by cash: You are also free to pay for your service by cash to the freelancer after the service is completed and the bill generated.
- Other online payments: the platform will also allow you to pay using a third party online payment solutions if available for your country.
Pick up/Delivery timing
Any pickup or delivery timings are based on service you requested for and as per the policy applied in regard to the service or by the freelancer. The company will ensure all that the timing is reduced at the maximum but the Company shall not, at any time, be responsible for the inconvenience caused by the delay on delivery or pickup of any products or services.
Extra cost may be applied if the delay is caused by you, or due to any mistake like wrong location/address or any other wrong information.
Promotions and sponsorship
YellowBird reserves the right to create or provide new promotion for some specific services and locations for a specific date/time.
Any promotion may be redeemed for Account credit, reduction on the service’s fees and other features or benefits related to the Services/product you purchase and/or any Third Party Sponsor.
By using any running promotion you agree that:
- If you are using a coupon code, it should not be duplicated, sold or transferred in any manner to any third party who is not targeted by the promotion, unless expressly permitted by YellowBird;
- YellowBird reserves the right to disable or terminate a promotion at any time for any reason without liability to YellowBird;
- Promotions aiming to redeem credit are not valid for cash unless it’s clearly specified by the term and condition of the promotion and clearly credited in your account as a cash credit.
- A promotion can be sponsored by a partner with the link to the partner’s website or platform. YellowBird is not responsible for any transaction you may have with the partner out of the application;
The Referral Program Terms
The following points in this section, govern the YellowBird Referral Program.
The Participants referred to below are you (a Qualified User), and the person you’ve referred (a Referred User).
To be eligible for a reward, you, as participants must agree to be bound by the rules described below.
- Referred User: someone who’s been referred to YellowBird by a User or assigned to a user if no referee specified.
- You become a Referred User by using the referral unique code while creating your account.
- If you do not specify a Referral code while creating your account you will be assigned automatically to an existing user and will be considered as one of his Referred users.
- If you do not specify a Referral code while creating your account you will be assigned automatically to an existing user and will be considered as one of his Referred users.
- Referred Account: a new YellowBird account created by a Referred User through a Qualified User’s unique referral code.
- Referral code: It the unique identifier of a user for the referral program. It’s automatically generated by the system after the full registration of the user.
- Qualified User: someone who meets all of the following conditions:
- An active member of YellowBird that has used at least one service for the last 30 days at the time the referral is made.
- Has not been identified as making fraudulent transactions through the application.
- Has not been reported for the last 30 days by any user or freelancer.
- Not a technical worker in The Company having direct access to the system.
- Rewards: Rewards are credits Gift or Cash values earned from your referred user’s transactions through the application:
- You are rewarded on a daily, weekly or monthly basis. Rewards or account credits may result after a summary checking or your referred user’s tractions and applied to your credit account automatically.
- If you don’t see any reward applied in your account within 3 months and have proof of the fact that one of your referred users has transacted, you can claim the same through our help centre.
- The value of the Reward will depend on the type of service that the Referred User purchases through the Application.
- You are rewarded any time one of your Referred User completes a service.
- You are rewarded only if you use one service at least once in the last 30 days. Yellow Bird Reserves the right to change these terms any time.
- Any reward you received will be along with the taxes applicable in your country. If you move to another country, the credit value will be converted as per the currency of that country with commissions if applicable.
- To increase your daily rewards, you should promote your Referral code and encourage other customers to subscribe and be using the application.
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.
“YellowBird” is a registered trademark in the Cameroonian Jurisdiction. All other trademarks not owned by the Company that appear on the Application are the property of their respective owners or under Free Licenses, who may or may not be affiliated with, connected to, or sponsored by the YellowBird.
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 about a freelancer or another user. The following actions constitute inappropriate use of feedback:
- threatening to leave negative or impartial feedback about 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.
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 colour, texture or detail will be accurate. The Company does not warrant that service description 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 device.
- 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 log in, account information and information posted by you.
Governing Law and Jurisdiction
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 being approved as a freelancer on the platform.
- Depending on 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 a freelancer, you have to make sure your tools and equipment are well maintained to avoid any inconvenience, accident that can result in 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.