Terms & Conditions
1. Important
By accessing the Guide to Auckland 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.
“Yellow”, “Guide to Auckland”, “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 third party users.
“you” and “your” are references to the end-users of the Website.
“Website” means the Guide to Auckland website www.guidetoauckland.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.
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, Guide to Auckland’s Privacy Policy or any other agreement you may have with us.
6. Use of the Website
You agree that you will not use this Website or the Content:
(a) in breach of any legislation or for any unlawful act; or
(b) to damage or disrupt this Website or any other Yellow website.
7. Contributions to Website
You 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 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;
(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.
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. 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 completed a transaction, your purchase and/or use of any product or service provided by any advertiser or other member of the Website.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. Privacy Policy
You acknowledge that you have read, understood and agree to Guide to Auckland’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.