Terms & Conditions
These Terms apply to Contributors to Yellow Pages Group's Guide to Auckland website(the "Website"). In these Terms we have used "we" for Yellow Pages Group Ltd and any other Yellow Pages Group® company involved in publishing directories and other publications and "you" for the contributor. By registering to make contributions, and each time you make contributions, you agree to be bound by and comply with these Terms.
1. Further Terms
In addition to these Terms, the Website's Terms of Use and Privacy Policy apply to your access to and use of the Website and form part of these Terms. In the event of any conflict between these Terms and the Website Terms of Use and Privacy Policy, these Terms prevail to the extent permitted at law.
2. Information
Your warrant that all information and personal details that you provide to us are correct. You may not transfer your registration to any other person.
3. Confidentiality of Passwords
You must keep your password and login information confidential and you must not disclose them to any third party. You will be solely responsible for activities undertaken under the use of your password and login. We may assume that any contribution, request or instruction we receive is authorised by you if it is accompanied by suitable verification (for example, your email address or password). You must notify us immediately if you know or suspect that your account has been accessed by a third party or your login and password details may have been obtained by a third party.
4. 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 or the Website's Terms of Use or Privacy Policy or any other agreements you may have with us.
5. Policies Regarding Contributions
The following provisions apply to any contributions (including ratings and reviews) you submit:
a. You shall only post ratings and reviews that are true and accurate and represent your genuine opinion. Your opinions must be based on facts which can be proven by documented evidence, which you shall supply to us if requested to do so.
b. You shall not (and will not permit others to) upload, submit, email or otherwise transmit:
i. any material that is obscene, defamatory, illegal, offensive, harassing, threatening, discriminatory, blasphemous, detrimental to the standing of our directories in the community, in breach of our policies or which may cause annoyance, anxiety or inconvenience to anyone;
ii. any material which breaches any third parties' rights including copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity or other intellectual property rights, or any other material which you do not have the right to transmit under any law or under any contractual or any other duty;
iii. spam, chain letters, contests, junk email, mass messaging, unsolicited or unauthorised advertising, promotional material; or
iv. 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.
c. You shall be solely responsible for the content of your contributions. You must compensate us and all other Yellow Pages Group companies for any loss any of us suffers, and indemnify each of us against any liability any of us incurs, resulting from any of your contributions, or you not meeting your legal responsibilities to any of us or to anyone else.
d. We shall own the exclusive copyright in all contributions that you submit. We shall have the unrestricted right to publish those contributions and to provide them to any third party.
e. You agree that we may edit, add to, refuse to publish or remove any contribution, and to remove the Website or parts of the Website, at any time without notice or explanation.
f. You shall not submit contributions, or use the Website, for commercial purposes.
6. Exclusion of Liability
We exclude any liability we may have to you relating to the Website (including, without limitation, in respect of its availability or any contributions submitted by you or others). This exclusion also applies for the benefit of every other Yellow Pages Group company and all officers, employees, contractors and agents of any Yellow Pages Group company. None of these people are liable to you or have to pay you for anything caused by or resulting from the Website. This exclusion applies whatever you are claiming for and however liability arises or might arise if it were not for this clause.
This exclusion does 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 and you are not acquiring the service for the purposes of a business. 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.
7. Information about you
You agree that we may collect information about you. The information may be obtained from you and others, or generated from equipment used to provide our services when you and anyone else uses our services. You may decide whether to provide any information we seek from you. However, if you do not provide it, we may not be able to provide services for you.
You may ask to see information we hold about you, so long as we can readily retrieve it, and ask for any details that are wrong to be corrected. We may hold the information and share it with other Yellow Pages Group companies, with our officers, employees, contractors, partners, joint ventures, agents and customers, with collection agencies and with credit reference agencies, so as to provide services or information to you and others and keep you informed of services available to you.
8. Transfer of Rights and Responsibilities
You shall not assign or transfer any of your rights or responsibilities under or in connection with these Terms to any other person whatsoever.
9. Each Term Separately Binding
If for any reason any term cannot be enforced or relied on by you, us or any of the other people referred to in clause 6, all other terms remain binding.
10. No Waiver
No delay or failure to exercise a right under these terms prevents the exercise of that or any other right on that or any other occasion. A waiver can only be in writing and applies only to the right and on the occasion specified in the waiver.
11. New Zealand law applies
These Terms are governed by and are to be interpreted in accordance with the laws of New Zealand. You may take action against us only in a New Zealand court. This applies whether you are making contributions from inside or outside New Zealand.
12. Changes to these Terms
We may change these terms, by changing or removing existing terms or adding new ones, at any time, without notice or explanation. Any change we make applies from the date we publish it on our website. Your continued use of the Website after any change has been made shall be deemed to indicate your acceptance of the change.
13. Newsletter Competition Terms & Conditions
Information on how to enter the email newsletter competition and its prizes form part of these terms and conditions.
Any entry not complying with these terms and conditions is invalid.
a. To enter, participants must submit their review on Guide to Auckland then email the URL link and their user name to Guide to Auckland.
b. The promoter reserves the right to exclude any reviews that it considers, in its sole opinion, to be invalid for any reason.
c. Participants may enter the competition as many times as they please prior to 11.59pm on Sunday 14 March 2010.
Any entries that the promoter considers were submitted using any form of automated devices or software are invalid.
d. The prize is two regular priced adult tickets to any Auckland Sky City movie cinema of your choice.
e. The prize is not exchangeable, transferable or redeemable for cash.
f. The winners will be judged based on what the promoter considers to be the most impressive and interesting review.
g. Competition ends Sunday 14 March 2010.
h. The Judges decision is final.
i. Winners will be contacted by Tuesday 16 March 2010.
j. Winners will be contacted via the email address submitted with the review.
k. For further info email:guidetoauckland@yellow.co.nz
l. The Promoter is Yellow Pages Group® Limited, 604 Great South Road, Ellerslie, Auckland.
14. Facebook Competition Terms & Conditions
1. Information on how to enter and prizes form part of these terms and conditions. Any entry not complying with these terms and conditions is invalid.
2. Employees of the promoter, the promoter’s associated companies, the promoter’s agencies and partners associated with this promotion and their immediate families are not eligible to enter.
3. To enter:
a. new users must register and opt in to receive the monthly newsletter by checking the tick box “Yes, send me the Yellow Guide™ to Auckland Newsletter”; and
b. existing registered users must update their account settings by editing “keeping in touch” and selecting the tick box “by email” next to “I’d like to receive updates from Yellow™.
In each case users must enter a valid email address.
4. Any form of automated entry using any other devices or software is invalid.
5. The promoter reserves the right to verify the validity of entries and disqualify any entrant for tampering with the entry process, for submitting an entry which is not in accordance with the Conditions of Entry or any other reason it considers appropriate.
6. There are 4 x iPod 8GB (next Generation) touches valued at $349 (current RRP) each to be won.
7. There will be four prize draws. The dates are:
a. 10 February 2010
b. 7 April 2010
c. 19 May 2010
d. 30 June 2010
8. Participants may only enter once in total across the four prize draws. The promoter reserves the right to allocate entries within the four draws as it considers appropriate. Entries received later than 11.59 on 28 June 2010 will be invalid.
9. Entries will be put into the prize draw are only valid for the period preceding the prize draw
10. The prizes are not exchangeable, transferable or redeemable for cash
11. The promoter reserves the right to substitute any prize for one of comparable type, quality and value.
12. The promoter reserves the right to withdraw this promotion or any part of this promotion should their ability to fulfil due obligations be limited at any stage by any form of technical failure.
13. The winners will be notified by email and/or telephone.
14. Entry into this promotion implies full acceptance of all terms and conditions.
15. The winners consent to their names being used for public relations purposes relating to this promotion.
16. Promoter’s decision is final and no correspondence will be entered into.
17. No responsibility will be taken for late, lost or misdirected entries.
18. The promoter is Yellow Pages Group Limited, 604 Great South Road, Ellerslie, Auckland