Welcome to the Yallow website https://yallow.com ("Yallow"). Yallow is operated and managed in the UAE by the company Yallow Technologies LLC, a company duly organized and existing under and by virtue of the laws of the United Arab Emirated under registration Number (960001) and whose registered office is UAE – Dubai – Boulevard – Boulevard Plaza Tower 1- 9th floor - 903 and/or its affiliates and/or subsidiaries which collectively are defined as (“Yallow”, “we”, “us” or “our”).
Yallow is a platform provides advanced technologies for the effective management and optimization of on-demand delivery. Also, Yallow bring together delivery companies, merchants, and customers and provide them with the tools they need to optimize their interactive experience in order offer its services to its end-user. Yallow includes features that allow its customer to maintain its presence on Yallow and do paid services to customer’s end-user.
The term “Yallow Platform” refers to Yallow, Yallow application, any other linked to Yallow, features or tools or services provided through thereof.
The term "Content" refers to text, graphics, images, and any other material entered, processed, included, or being accessed through the Website, including content that created, amended, verified, or provided by the doctor or the healthcare provider.
The term "Services" refers to the services provided through Yallow.
The Terms of Use are considered a legally binding agreement between Yallow and the Company using Yallow Platform (the “Company”). The Company's registration on the Yallow platform and its use are considered as an explicit consent to be bound by the Terms of Use, Privacy Policy and all applicable laws and regulations, and the Company agree to be responsible for compliance with the local and international applicable laws. We reserve the right to update and/or to amend the Terms of Use and the Privacy Policy, wholly or partially, at any time without a prior notice, these updates and/or amendments shall be considered effective from the date of their publication. Therefore, we urge the Company to review the Terms of Use and the Privacy Policy whenever the Company visit the Yallow Platform.
Generally, we provide the Company the right to access and use the Yallow Platform in Company’s jurisdiction.
We also reserve the right to wholly or partially at any time update and/or amend and/or suspend the Yallow Platform. The Company irrevocably acknowledge that we will not be liable toward the Company or any third party for any wholly or partially suspension and/or updates and/or amendments of the Yallow Platform.
Therefore, kindly read them carefully before using the Yallow Platform and the related Services. The Terms of Use applies even if the Company are accessing the Yallow Platform to use a Trial (as defined below) of the services provided through thereof, or are otherwise browsing the Yallow Platform.
If the Company has registered on the Yallow Platform through its authorized user, the Company acknowledge that (i) the Company represent that the authorized user have the Company’s permission and authority to use the Yallow Platform and the Company’s consent to subject to these Terms of Use (If the authorized user does not have such authority, the Company must not accept these Terms of Use and may not use the Yallow Platform) and (ii) the Company is responsible for its use of the Yallow Platform.
In the event that the Company do not agree to these Terms of Use or the Company are not satisfied with the Yallow Platform, its content or the information that we provide through the Yallow Platform, the only and exclusive solution available to the Company is to stop accessing and using the Yallow Platform.
Licenses to use the Yallow Platform.
The Company shall create an account that enables access to the Yallow Platform. Any decision by the Company to make use the Yallow Platform is a decision made in the Company sole discretion. Each service provided by a Company shall constitute a separate agreement between the Company and its end user. [BMG1]
In consideration for the Company acceptance of these Terms of Use and the Company payment of all applicable Fees (as defined below), Yallow grants the Company a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Yallow Platform solely for the Company internal business purposes.
In addition, the Company may not:
a. copy, modify or create derivative works based on the Yallow Platform or Documentation, or any portion(s) of any of the foregoing (individually and collectively, “Yallow IP”);
b. distributes, transmit, publish or otherwise disseminate any Yallow IP;
c. download or store any Yallow IP except to the extent explicitly permitted on the Yallow Platform;
d. transfer to any third party any of the Company rights under these Terms of Use;
e. access or use the Yallow Platform or Yallow IP for the benefit of any third party;
f. access content or data not intended for the Company, log onto a server or account that the Company are not authorized to access, or otherwise violate or attempt to violate any security or authentication feature or measures of the Yallow Platform;
g. attempt to access or derive the source code or architecture of the Yallow Platform;
h. attempt to probe, scan or test the vulnerability of the Yallow Platform, or any associated system or network, or to breach any security or authentication feature or measures of the Yallow Platform, and if the Company are blocked by Yellow from accessing the Yallow Platform (including by blocking the Company IP address), the Company will not implement any measures to circumvent such blocking (e.g., by masking the Company IP address or using a proxy IP address);
i. interferes or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting malicious software or computer code (“Malicious Code”) to the Yallow Platform, load testing, overloading, “flooding,” “spamming,” “mail bombing,” “crashing”;
j. email or otherwise transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) the Company does not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains any Malicious Code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person or entity; (v) constitutes unsolicited or unauthorized materials; or (vi) is otherwise objectionable;
k. automate access to the Yallow Platform, including, without limitation, through the use of APIs, bots, scrapers or other similar devices;[BMG2]
l. export or re-export any Yallow IP;
m. use or access the Yallow Platform or Yallow IP in order to build a competitive product, service or solution;
n. violate any applicable law or regulations in connection with the Company use of the Yallow Platform;
o. impersonate any person or entity, or falsely state or otherwise misrepresent the Company affiliation with a person or entity, including, without limitation, the Company (if the Company are unauthorized); or
p. permit any third party to do any of the foregoing.
Yallow may offer certain softwares, including certain interfaces, for download from the Yallow Platform (“Ancillary Software”). Subject to the other terms and conditions of these Terms of Use, the Company may install and use Ancillary Software on computers owned, leased or otherwise controlled by the Company, solely in conjunction with the Company authorized use of the Yallow Platform. Upon expiration or termination of these Terms of Use for any reason, the Company shall cease any further use of the Ancillary Software and shall promptly destroy all copies thereof in the Company possession. [BMG3]
Certain services or softwares (including Ancillary Software) may be subject to additional limitations, restrictions, terms and/or conditions specific to such services or softwares (“Specific Terms”). In such cases, the applicable Specific Terms will be made available to the Company and the Company access to and use of the relevant services or software will be contingent upon the Company acceptance of and compliance with such Specific Terms.
Certain services or software (including Ancillary Software) may contain or otherwise make use of software, code or related materials from third parties, including “open source” or “freeware” software (“Third Party Components”). Certain Third-Party Components may be subject to separate license terms that accompany such Third-Party Components that, to the extent they conflict with the terms of these Terms of Use, these Terms of Use shall supersede the terms of such Certain Third-Party Components.
Yallow Platform does not in any way independently verify the credentials, representations or services of the Company are in compliance with applicable laws. The Company are the sole responsible for the services the Company provide.
By completing the registration process at the Yallow Platform by the Company, the Company are agreeing to these Terms of use. The Company agree to provide Yallow with the Company information such as the its name, its authorized user’s name, its e-mail, its address, its phone number, or any other information that might be requested and to promptly notify Yallow in the event of any changes to any such information.
The Company shall be solely responsible for the security and proper use of all username, passwords or other security devices used in connection with the Yallow Platform, and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person or entity. The Company shall immediately inform Yallow if there is any reason to believe that its user name, password or any other security device issued by Yallow has or is likely to become known to someone not authorized to use it, or is being or is likely to be used in an unauthorized way. Yallow reserves the right (at its sole discretion) to request that the Company change the Company password (s) in connection with the Yallow Platform, and the Company shall promptly comply with any such request.[BMG4]
The Company are solely responsible for all activity in connection with access to the Yallow Platform through the Company account or using the Company password, and for the security of the Company computer systems, and in no event shall Yallow be liable for any loss or damages relating to such activity.
Fees, payment, and trial memberships
If the Company have registered to use the Yallow Platform on a trial basis, then the Company may use the Yallow Platform only for noncommercial evaluation purposes during the applicable trial period.
The Company access to or use of the Yallow Platform shall be contingent upon the Company payment of all applicable fees as described on the Yallow Platform at the time (“Fees”); unless the Company are an Authorized User, in which case the Company access to or use of the Yallow Platform shall be contingent upon the Company entity’s payment of the Fees[BMG5] .
Upon registering at the Yallow Platform, the Company will be required to designate a valid payment method. The Company hereby authorize Yallow to charge to the Company designated account all applicable Fees, and the Company agree to pay all such Fees in accordance with the applicable payment method terms and conditions.
Yallow reserves the right to revise its Fees, including by increasing or adding new Fees, at any time upon ten (10) days’ notice. Such notice may be sent to the Company by email to the Company most recently provided email address or posted on the Yallow Platform or by any other manner chosen by Yallow in its commercially reasonable discretion. The Company will be deemed to have received any such notice that is posted on the Yallow Platform on the day it was posted. The Company use of the Yallow Platform after the ten (10) day notice period constitutes the Company acceptance of the new or revised Fees. If the Company do not agree to the revised Fees, the Company may cancel the Company subscription by following the “View cancellation instructions” link below[BMG6] .
Continuous membership
To ensure uninterrupted service, all subscriptions to the Yallow Platform are renewed automatically. The Company hereby authorize Yallow to charge subscription Fees for the renewal period to the valid payment method. All subscriptions are renewed at the subscription level (s) and Fees in effect at the time the then-current subscription term ends. The Company may cancel the subscription at any time by following the “View cancellation instructions” link below[BMG7] .
Free trial
Yallow may offer a free trial membership from time to time with regard to the Yallow Platform (a “Trial”). By accessing or using the Yallow Platform, the Company agree to the terms of any such Trial and further agree to any changes Yallow may make to such Trial as described in “Changes to the Yallow Platform or Terms of Use” below. If the Company cancel a Trail before the end of the trial period, all the Company rights to any remaining free trial period will be waived, and the Company will not be eligible to participate in any further Trials, except as allowed by Yallow in its sole discretion.
Termination and refund policy
Yallow may deny the Company access to all or any part of the Yallow Platform or terminate the Company account with or without prior notice if the Company engage in any conduct or activities that Yallow determines, in its sole discretion, violate these Terms of Use or the rights of Yallow and/or the Privacy Policy or applicable laws or any third party, or is otherwise inappropriate.
Yallow reserves the right to cancel the Company access, including when:
Either Yallow or the Company may terminate these Terms of Use by notice if the other party breaches any material term of these Terms of Use and fails to cure such breach within thirty (30) days after receipt of notice of the breach from the non-defaulting party. In addition, Yallow may suspend the Yallow Platform upon notice if the Company fail to make any payment when due and fail to cure such breach within ten (10) days after receipt of notice of the breach from Yallow. Any such suspension or termination shall be without limitation of any other right or remedy available to the terminating party.
Yallow may terminate these Terms of Use for convenience upon sixty (60) days’ prior written notice without liability to the Company. Following a termination pursuant to the foregoing sentence, Yallow shall refund the pro rata portion of any Fees relating to the remaining term, as applicable.[BMG8] The Company termination will be effective at the end of the Company then-current subscription period, subject to applicable law, and the Company may use the Yallow Platform until the Company termination is effective (unless the Company access is suspended or terminated as set forth below).
Either Yallow or the Company may terminate these Terms of Use immediately upon notice to the other party if the other party has a receiver or similar party appointed for all or substantially all of its property, is declared insolvent by a court of competent jurisdiction, ceases to do business in the ordinary course, files a petition in bankruptcy or has a petition filed against it in bankruptcy, becomes the subject of any court or administrative proceeding related to its liquidation or insolvency (whether voluntary or involuntary) that is not dismissed within ninety (90) days, or makes an assignment for the benefit of its creditors.
If these Terms of Use is terminated or otherwise expires for any reason, the Company shall promptly return to Yallow or destroy, as directed by Yallow, all Confidential Information, software and other materials in the Company possession or under the Company control belonging to Yallow, and all rights and licenses granted by Yallow pursuant to these Terms of Use shall terminate. Upon the expiration or termination of these Terms of Use, the Company right to use and to access the Yallow Platform and any of its content will immediately cease.
Upon terminating the entry or suspending or canceling the Company access for any reason, the Yallow Platform has the right to prevent the Company from entering again in the future and has the right to delete any information related to the Company or any content provided by the Company.
All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and miscellaneous provisions.
Access to Services
The Company are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to or access or use the Yallow Platform, including, without limitation, modems, hardware, software, internet service and telecommunications capacity. The Company shall be solely responsible for ensuring that such equipment and ancillary services are compatible with the Yallow Platform.
Mobile Services
The Yallow Platform may include its Services that are available via a mobile device, including (i) the ability to upload/write content to the Services via a mobile device, (ii) the ability to browse the Services and Yallow from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, “Mobile Services”). To the extent the Company access the Service through a mobile device, the Company wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by the Company carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, the Company agree that Yallow may communicate with the Company regarding Yallow and other entities by electronic means to the Company mobile device and that certain information about the Company usage of the Mobile Services may be communicated to us. In the event the Company change or deactivate the Company mobile telephone number, the Company agree to promptly update the Company account information to ensure that the Company messages are not sent to the person that acquires the Company mobile telephone number.
User Content
The Company are solely responsible for all text, documents or other content or information uploaded, entered or otherwise transmitted by the Company in connection with the Company use of the Yallow Platform (“User Content”). User Content includes, among other things, any mistakes contained in the content or information transmitted by the Company. Yallow has no obligation to monitor any User Content and shall have no liability to the Company or any other person or entity with respect thereto, including, without limitation, liability with respect to any information (including the Company confidential information) contained in or apparent from any User Content. The Company warrant, represent and covenant that the Company own or have a valid and enforceable license to use all User Content, and that no User Content infringes, misappropriates or violates the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction. Yallow is not responsible for the loss, corruption or other changes to User Content. Without limiting the foregoing, any feature(s) of the Yallow Platform that may permit the Company to temporarily save or otherwise store User Content is offered for the Company convenience only and Yallow does not guarantee that the User Content will be retrievable. The Company are solely responsible for saving, storing and otherwise maintaining User Content including by maintaining backup copies of the Company User Content on appropriate independent systems that do not rely on the Yallow Platform.
The Company retain all right, title, and interest in and to the Company User Content. By uploading or entering any User Content, the Company give Yallow (and those it works with) a nonexclusive, worldwide, royalty-free and fully-paid, transferable and sublicensable, perpetual, and irrevocable license to copy, store and use the Company User Content (and, if the Company are an Authorized User, the Company entity’s User Content) in connection with the Company use of Yallow Platform and to improve the algorithms underlying the Yallow Platform.
The Company must agree on sharing User Content with any third party integrated with Yallow Platform in case the Company select to use certain integration.
Changes to the Yallow Platform or Terms of Use
Yallow reserves the right at any time to (i) change any information, specifications, features or functions of Yallow Platform or Services, including any Trial, (ii) suspend or discontinue, temporarily or permanently, the Yallow Platform and/or any or all of the Services or any Trial, including the availability of any feature, database or content, or (iii) impose limits on certain features and Services or restrict access to parts or all of Yallow Platform and/or the Services, including any Trial, in each case with or without prior notice and without any liability to the Company or any third party. Yallow will use its commercially reasonable efforts to notify the Company of changes to the Yallow Platform and/or the Services that, in Yallow’s reasonable opinion, have the effect of materially and adversely diminishing the functionality of the Yallow Platform and/or the Services to which the Company have subscribed.
Yallow may from time-to-time update or revise these Terms of Use. If Yallow updates or revises of these Terms of Use, Yallow will notify the Company either by email to the Company most recently provided email address, by posting the updated or revised Terms of Use on Yallow Platform or by any other manner chosen by Yallow in its commercially reasonable discretion. The Company use of Yallow Platform or Services following any such update or revision constitutes the Company agreement to be bound by and comply with these Terms of Use as updated or revised. The Company can view the most current Terms of Use at tou.yallow.com . It is the Company responsibility to review the Terms of Use and periodically.
Links to third party sites
Any links on the Yallow Platform to third party websites are provided for the Company convenience only. If the Company choose to access third party websites or obtain products or services from third parties, the Company does so entirely at the Company own risk and such access is between the Company and such third party. Yallow does not warrant or make any representation regarding the legality, accuracy or authenticity of content presented by such websites or any products or services offered by third parties and shall have no liability for any loss or damages arising from the access or use of such websites, products or services.
Data collection and privacy
Yallow does not collect identifiable information from the Company except to the extent the Company have explicitly given such information to Yallow. Yallow’s information practices are further described in its privacy policy, which is available at: privacy.yallow.com (the “Privacy Policy”). The Privacy Policy is an integral part of these Terms of Use and is expressly incorporated by reference, and by entering into these Terms of Use the Company agree to (i) all of the terms of the Privacy Policy, and (ii) Yallow’s use of data as described in the Privacy Policy is not an actionable breach of the Company privacy or publicity rights.
Yallow may from time-to-time update or revise the Privacy Policy by posting the updated or revised Privacy Policy on Yallow Platform or by any other manner chosen by Yallow in its commercially reasonable discretion. The Company use of Yallow Platform or Services following any such update or revision constitutes the Company agreement to be bound by and comply with the Privacy Policy as updated or revised.
Property rights
Yallow owns the rights in the Yallow Platform. The Company have the right to use Yallow and/ or the Services due to a license given from our end. The license granted to the Company to use Yallow is revocable, non-assignable, and non-exclusive. This means that the Company cannot use Yallow for any commercial purpose, that we can revoke the Company right of using the Yallow Platform, that the Company cannot give this license to any third party, and that other members can use the content and Services that we provide. All rights, titles, and interests, contained herein and related to the Yallow Platform, as well as all intellectual property rights (which include but are not limited to the participation, classification, arrangement, and methodologies of the Yallow Platform) are the property of us or our affiliates, except for the rights the Company acquire under the law and any information or content related to the virtual consultations through the Yallow Platform or other related Services. The other parties, who have rights reserved in the content, are the owners of these rights.
Trademarks
Yallow, Yallow Platform’s Logo, trademarks and other Logos and product and service names are our trademarks ("Yallow Trademarks"). We also own the names of our products and services on the Yallow Platform, and these names are internationally and locally protected by trademark laws. Any use of our trademarks requires prior written approval. The Company must seek permission from us to use our trademarks.
The Company agree not to violate copyright, trademarks, trade secrets, patents, or other intellectual property rights.
The Company agree not to engage in any activity that would constitute copyright infringement in relation to the content.
The Company agree not to access our data or attempt to access or use it without our permission.
The Company agree not to access, attempt to access, or request unauthorized access through the Yallow Platform without obtaining permission from us. This means that the Company agree not to wholly or partially transmit, transfer, upload, publish, sell, rent, license, refer, disclose, reverse, frame, decompile, disassemble, or use any aspect of Yallow’s aspects or content, in any form or by any means.
Responsibility of Yallow
The Company are responsible for its use of the Yallow Platform and/or the Services. Yallow does not bear any direct or indirect liability arising out of using the Yallow Platform. The Yallow Platform and/or Services is provided "as is". Therefore, the Company must exercise caution in using and downloading any of these programs, information or materials and using recognized programs for virus detection and disinfection.
Yallow does not guarantee that its programs or materials are accurate, complete, reliable, current, or error-free, or that the Yallow Platform or its servers are free from viruses or others. The Yallow Platform and services may contain links to other sources and websites and since the Yallow Platform does not have any control over these websites and sources, the Company acknowledge and agree that Yallow does not assume any responsibility for the availability of these external website and sources and that does not assume any responsibility for any content, advertisements, products or other materials available thereon. The Company acknowledge that these external websites have their own terms of use which will regulate the Company relationship and the Company rights and obligations towards them, and that Yallow does not have any control over them.
The Company acknowledge that Yallow or Yallow does not assume any responsibility resulting from the Use or misuse of the Yallow Platform. Any claims arising in connection with the Company Use of the Yallow Platform must be submitted within one year of the date of the event that gave rise to this action. The compensation under these Terms of Use is exclusive and limited to those expressly set forth therein. The limitations on liability in this section do not apply to breaches of intellectual property provisions by the Company.
Yallow's liability and the compensation
The Company agree that Yallow, its subsidiaries, affiliates, employees, directors, agents, and any of its representatives will not, in any case, be responsible for any direct or indirect damages that may incur to the Company, including but not limited to damages arising out from lost profit Loss of data arising from the use or inability to use the Yallow Platform or the materials thereon, including the content or the unauthorized access to the Yallow Platform or any change in the transfer of data or reliance on any content of the Yallow Platform or the placing of any materials on the Yallow Platform and any other matters related to the Yallow Platform and its use. These limits will apply even if Yallow has been notified of the possibility of such damages.
Yallow or any of its employees who are involved in the preparation, production or distribution of any material or content of the Yallow Platform does not bear any responsibility for any intentional or unintentional, material or moral damage or any malfunction or harm arising from using the Yallow Platform, or being able to use it, or from any mistake, default, or defect therein, or any delay in accessing the provided information.
The Company agree to defend indemnify and protect Yallow, its subsidiaries, affiliates, employees, directors, agents, and any of its representatives from any harm and all allegations, damages, losses, costs and expenses, including attorneys' fees arising from or related to the Use of the Yallow Platform and/or the Company violation of any other statement, undertaking, provisions and obligations of the Terms of Use.
General Conditions
These Terms of Use constitute the entire agreement between the Company and Yallow regarding the use of Yallow Platform. The failure of Yallow to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
All rights not expressly granted to the Company in these Terms of Use are reserved to Yallow and/or its licensors. These Terms of Use are not assignable or transferable or sub-licensable by the Company except with our prior written consent. Yallow may transfer, assign or delegate these Terms of Use and its rights and obligations without consent. In the event of Yallow closure, liquidation, or any other reason, Yallow has the right to transfer the Yallow Platform to any third parties at any time at its sole discretion without the Company prior written consent or the Company objection. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding these Terms of Use.
In the event that we provide the Company with an English translation of this Agreement, the Arabic version of these Terms of Use will prevail in the event of any conflict[BMG9] . The enforcement, interpretation and implementation of the Term of Use will be in accordance with the laws of the Hashemite Kingdom of Jordan and its amendments[BMG10] .
The Company use of the Yallow Platform must comply with all applicable laws, regulations and instruction. If the use of the Yallow Platform violates the laws in force where the Company stay when the Company enter the Yallow Platform, then the Yallow Platform is not designed for the Company and we ask the Company not to use the Yallow Platform. The Company are responsible for reviewing the applied laws relating to the Term of Use and complying with it.
In the event of any dispute, allegations or arising out of or related to any executed process on the Yallow Platform or any violation, implementation, interpretation or validity of the Terms of Use or any part thereof (the "Dispute"), the party having this Dispute must first try amicably settle the Dispute by providing the other party with a written notice (through first class mail or registered mail) to the addresses indicated for each party on the Yallow Platform, describing the facts and circumstances including documents related to the Dispute and the other party has a period of (30) days in which he must respond to the notice or handle the Dispute. The notice must be sent to the address indicated for each party on the Yallow Platform. In the event that the Dispute has not been settled within a period of 3 months from the date of the notification, Amman Courts (Palace of Justice) shall be the competent authorities to settle the Dispute.
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