Terms of Use

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1. Important
By accessing the Yellow Local website online (the “Website”), you agree to be bound by, and use the Website in accordance with, these terms of use.

2. Definitions
In these terms of use, the words have the following meanings:

“Content” means software, text, graphics and all other material displayed or available through the Website and includes Third Party Content.

“Directory” means the function of the Website whereby users can search for businesses by name, category or key word.

“Yellow”, “Yellow Local”, “we”, “us” and “our” are references to Yellow Pages Group Limited and any other Yellow Pages Group company involved in publishing the Website.

“Third Party Content” means any Content transmitted or posted on the Website by you or other third party users.

“you” and “your” are references to the end-users of the Website.
“Website” means the Yellow Local® website www.yellowlocal.co.nz

3. Registration
By registering on the Website you agree to receive information from Yellow, which may include regular newsletters and special offers. You can unsubscribe from receiving this information at any time.

4. Information
You warrant that all information and personal details that you provide to us are correct. You may not transfer your registration to any other person.  You may not register as a user under multiple identities or personas.

Where you provide registration details via Facebook login, personal information that is stored about you on Facebook (such as your password) will not be viewable by us.

5. Cancellation of membership
We reserve the right, acting in our sole discretion, to refuse to accept your request for registration.  We also reserve the right, acting in our sole discretion, to cancel your registration and stop access to your account at any point, without notice, if we believe you have breached these terms of use, Yellow Local’s Privacy Policy, any other agreement you may have with us, or for any other reason.

6. Use of the WebsiteYou agree that you will not:
(a) use the Website or Content in breach of any legislation or for any unlawful act;
(b) use the Website or Content to damage or disrupt this Website or any other website;
(c) share your password, let anyone else access your account, or do anything else that might adversely affect the security of your account; or
(d) use Yellow’s copyright or trade marks without our prior written consent.

7. Contributions to WebsiteYou agree that when contributing to the Website, you shall not upload, submit, email or otherwise transmit:

(a) any material that is obscene, defamatory, illegal, offensive, harassing, threatening, discriminatory, blasphemous, detrimental, false or which may cause annoyance, anxiety or inconvenience to anyone;
(b) any material which breaches any third party rights including copyright, trademark, patent, trade secret, moral rights, privacy rights or other intellectual property rights;
(c) spam, mass messaging, unsolicited or unauthorised advertising or promotional material; or
(d) contributions that promote your business, your employer’s business or the business of one of your friends or family members, or hinders competitors to one of those businesses.

Registered users are able to add articles; add, write and respond to forums or blogs; add photos and add events. These may be modified by Yellow and are able to be removed based on inappropriateness. Those with published status only will be published on the website.

Content is the copyright of Yellow.  We reserve the right to edit or adjust content supplied by a user including images supplied, contact details or editorial content which we deem inappropriate or which does not adhere to these terms of use.

8. Intellectual property
You acknowledge that Yellow is the proprietor or the authorised user of the copyright, trade marks and all other intellectual property rights in the Content.

Unauthorised use of the Content is strictly prohibited and may infringe our intellectual property rights.  You must not reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create any derivative works from any part of the Content or design of the Website.

9. No liability or warranties
Yellow and its information contributors and associated providers do not give any warranty whatsoever, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the Content, information or services made available via the Website and Yellow expressly disclaims to the maximum extent permitted in law all liability for any damage or loss resulting from your use of, or reliance on, the Website or the information provided via the Website.  This exclusion of liability also applies for the benefit of every Yellow officer, employee, contractor and agent.

In addition, Yellow does not warrant or make any representations regarding, or take any responsibility for, any Third Party Content.  Yellow reserves the right to remove or amend Third Party Content but is under no obligation to exercise editorial control.  You acknowledge that you use and rely on the Content (including any Third Party Content) at your own risk.

The Website, the Content and the services are provided on an “as is” basis and Yellow makes no warranty that the Website will be free from viruses or any kind of malicious code whatsoever.

10. Other Users
Contact between you and other users is conducted entirely at your own risk. Yellow accepts no responsibility or liability for any misconduct of any user including, without limitation, users that have registered under false pretences or who attempt to defraud you.

Yellow accepts no liability for any loss or consequence caused when you make your contact details or any other personal information available to be seen by other users of the Website Yellow gives no undertakings, representations, or warranties in relation to any advertisement, recommendation or offer placed on the Website by any user or advertiser.

11. Indemnity
You agree to release, indemnify and keep us indemnified from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms of use, your failure to complete a transaction, your purchase and/or use of any product or service provided by any advertiser or other member of the Website.

12. Linked sites
The Website may include links to other websites not owned by Yellow and/or advertising not related to Yellow. Yellow is not responsible for, and makes no representations, warranties or conditions concerning, the contents of any linked site or any advertising not related to Yellow. The inclusion of any link or any advertisement does not imply endorsement, investigation or verification by Yellow of the linked site or advertisement.

13. Availability of the Website
We do not guarantee that access to the Website or any other linked site or service we provide via the Website will be continuous or fault-free. We may modify the Website, or withhold, suspend or restrict any service provided via the Website, at any time without notice.

14. Directory
Where you use the Directory on the Website you agree that in addition to these Yellow Local terms of use, the Yellow Pages terms of use (which can be found at http://yellow.co.nz/terms.ds) will apply.

In the event of any inconsistency between these Yellow Local terms of use and the Yellow Pages terms of use, the Yellow Pages terms of use will take precedence.  For the avoidance of doubt, this clause 14 only applies to the use of the Directory and not to any other functionality of the website.

15. Consumer Guarantees Act
These terms of use do not limit any rights you may have under the Consumer Guarantees Act 1993 if something we do for you as a user of the Website is a service under that Act.
If anything we do for you as a user of the Website is a service under the Consumer Guarantees Act 1993 and you are acquiring the service for the purposes of a business as defined in that Act, the provisions of that Act do not apply to the service.

16. New Zealand law applies
These terms are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

17. Changing these terms of use
We may change these terms of use, by changing or removing existing terms or adding new ones, at any time. Any change applies from the time it is published on the Website. Your continued use of the Website after any change has been made shall be deemed to indicate your acceptance of the change.

18. Severability
If any one or more of the provisions of these terns are held to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions will not in any way be affected, prejudiced or impaired.

19. No Agency
Nothing in these terms of use will be deemed to constitute either party as the agent, partner or joint venturer of the other or of any third party.

20. Privacy Policy
You acknowledge that you have read, understood and agree to Yellow Local’s Privacy Policy.  In the event of any conflict between these terms and the Privacy Policy, these terms prevail to the extent permitted at law.