Terms of Services and Use of Yellow.mu
This agreement is a legally binding agreement that you are entering into with Mauritius Yellow Pages (MYP Online Marketing Ltd) www.yellow.mu®. All the services provided and software licensed (including the extensions and/or upgrades) by Mauritius Yellow Pages (MYP)™, its network and partners are and will be subject to your agreement with the terms as mentioned in this agreement. This agreement will form a legally binding contract between "YOU" (the user of Yellow.mu) and MYP Online Marketing Ltd (the developer of the product). If you do not agree to these terms, then do not indicate acceptance and do not use the product provided by Mauritius Yellow Pages. If you agree to these terms on behalf of a legal entity, you are stipulating that you have the authority to represent them and to bind that legal entity to these terms.
Terms of Service
This General Terms of Services ("TOS"); may be modified or amended periodically by MYP Online Marketing Ltd (as defined below), is applicable for the use of any of MYP Online Marketing Ltd products or services, (collectively, "you" or "your" or on behalf of a legal entity or "subscribers" or "members"). This TOS governs your use of all MYP Online Marketing Ltd products and services; including mobile applications and this website ("Services") so please read it carefully. The "Effective Date" of this TOS is November 1st, 2014.
Additional Terms; MYP Online Marketing Ltd provides a wide variety of services and solutions, through Mauritius Yellow Pages (Yellow.mu), to both consumers and business users ("subscribers" or "members"). Some services are subject to additional terms, which are either presented at the time of use of the requested service or listed below. If you are using or would want to make use of any of the services provided through Mauritius Yellow Pages (www.yellow.mu) ®, please refer to the respective Terms of Services link below to access those additional terms. In case there is a conflict between these TOS and/or additional terms for a particular service, these terms will be applicable for that service. You may not use any of these services unless you agree to the applicable additional terms.
Links to certain additional terms follow:
- Advertiser General Terms and Conditions; for banner advertisement (Where applicable the MYP Services Terms)
- Mobile App End User Terms; use of our mobile apps (As of July 2015)
- Electronic Commerce Terms; when purchasing products or services online refer to invoice.
For the provision of our Services, MYP™ (www.yellow.mu) is obligated to provide various legal notices by law and/or by contract, which are incorporated by reference into these TOS and the Mobile App End User Terms (where applicable). Please see the Legal Notices Page.
As a provider of business listings (online directory), advertising, marketing solutions (including Ecommerce) and other internet-related services, MYP Online Marketing Ltd (Mauritius Yellow Pages) offer to its subscribers and members, their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. www.yellow.mu (Mauritius Yellow Pages) respects that the internet provides a forum for free and open discussion and dissemination of information, however; when there are competing interests at issue; Yellow.mu (Mauritius Yellow Pages) reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Yellow.mu (Mauritius Yellow Pages) has developed a Terms of Services ("TOS"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilising Yellow.mu (MYP Online Marketing Ltd)'s services. This TOS will be revised from time to time. A customer's use of Yellow.mu (Mauritius Yellow Pages)'s services after changes to the TOS are posted on Yellow.mu (Mauritius Yellow Pages)'s web site, Yellow.mu (Mauritius Yellow Pages), will constitute the customer's acceptance of any new or additional terms of the TOS that result from those changes.
One important aspect of the internet is that no party owns or controls it. This fact accounts for much of the internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the internet, both in the information they acquire and in the information they disseminate to others. When subscribers and members obtain information through the internet, they must keep in mind that Yellow.mu (Mauritius Yellow Pages) cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers and members may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the internet, and should also be aware that some material posted to the internet are sexually explicit or otherwise offensive. Because Yellow.mu (Mauritius Yellow Pages) cannot monitor or censor the internet, and will not attempt to do so, Yellow.mu (Mauritius Yellow Pages) cannot accept any responsibility for injury to its subscribers and members that results from inaccurate, unsuitable, offensive, or illegal internet communications.
When subscribers and members disseminate information through the internet, they must also keep in mind that Yellow.mu (Mauritius Yellow Pages) does not review, edit, censor, or take responsibility for any information its subscribers or members may create. When users place information on the internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over www.yellow.mu/ network and may reach a large number of people, including both subscribers and members and non-subscribers of Yellow.mu (Mauritius Yellow Pages), subscribers and members' postings to the internet may affect other subscribers and members and may harm Yellow.mu (Mauritius Yellow Pages)'s goodwill, business reputation, and operations. For these reasons, subscribers and members who violate Yellow.mu (Mauritius Yellow Pages) policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
- Spamming - Sending unsolicited bulk and/or commercial messages over the internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward MYP Online Marketing Ltd and its brands, but also because it can overload www.yellow.mu /MYP's network and disrupt services to Yellow.mu, subscribers and members. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, MYP Online Marketing Ltd has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
- Intellectual Property Violations - Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Additionally, engaging in activities that violates privacy, publicity, or other personal rights of others. MYP Online Marketing Ltd is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also MYP Online Marketing's policy to terminate the privileges of customers who commit repeated violations of copyright laws.
- Obscene Speech or Materials - Using MYP Online Marketing's network to advertise, transmit, store, post, display, or otherwise make available, child pornography or obscene speech or material. MYP Online Marketing Ltd is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Yellow.mu (Mauritius Yellow Pages) and MYP Online Marketing's network.
- Defamatory or Abusive Language - Using MYP Online Marketing Ltd's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
- Forging of Headers - Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
- Illegal or Unauthorised Access to Other Computers or Networks - Accessing illegally or without authorisation computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration such as port scan, stealth scan, or other information gathering activity.
- Distribution of internet Viruses, Worms, Trojan Horses, or Other Destructive Activities - Distributing information regarding the creation of and sending internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
- Facilitating a Violation of this TOS - Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this TOS, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
- Usenet Groups - MYP Online Marketing's reserves the right to refuse postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the TOS.
- Other Illegal Activities - Engaging in activities that are deemed to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
- Other Activities - Engaging in activities, whether lawful or unlawful, that MYP Online Marketing determines to be harmful to its subscribers and members, operations, reputation, goodwill, or customer relations.
- As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscribers and members. MYP Online Marketing will not, as an ordinary practice, monitor the communications of its subscribers and members to ensure that they comply with MYP Online Marketing's policy or applicable law.
- Grant of Rights. Subject to your compliance with the terms and conditions of this TOS, MYP ™ grants you a limited, non-exclusive right to use the services, and any content and materials made available to you in connection with your use of the services, only for your non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in this TOS (including any additional terms applicable to a particular service) or any instructions for use that MYP Online Marketing Ltd may provide from time to time.
You, whether personally or on behalf of the entity, for whom you are acting as an authorised signatory (collectively, "you" or "your"), are purchasing products or services (each, a "Product" or "Service") from MYP Online Marketing Ltd(Yellow.mu (Mauritius Yellow Pages), Network services or Partners). All purchase is subject to the terms and conditions as specified below ("Terms", "Terms and Conditions of Sales" or "TOS"). By indicating your acceptance or using any part of the services offered by MYP Online Marketing Ltd (MYP)™ and/MYP's network services and partners' services, you agree that you have read, understood and agreed to be bound by the TOS, which contain binding dispute resolution provisions and liability limitations. If you do not agree to be bound, you may not access or use any service. Unless otherwise expressly stated, MYP disclaims any and all warranties whether provided by MYP, its affiliates, or its respective employees and agents.
- Electronic Acceptance Is Binding;
- Your consent to the TOS whether stated by;
- Clicking on an "I AGREE" icon or;
- Implied using any product or service
- Constitutes your agreement to the TOS.
- You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these terms.
- All references in the TOS to "signature" or the like will be deemed references to your consent to these terms.
- You hereby irrevocably waive any "opt-out" rights that you may have under applicable law to use or receive physical copies of these terms.
- We will charge your credit or debit card for amounts applicable for the products or services purchased by you.
- These charges may be conducted as automated by our merchant bank (standing order), electronic payment gateway or by such other means as we in our sole discretion determine to be appropriate or advisable.
- You agree that you will be bound by the TOS, bank regulation, electronic transaction rules, and such Terms, Regulation and Rules are amended from time to time.
- Your right to cancel any recurring charges are provided in the applicable product and/or service terms.
- We are not responsible for any fees or charges applied by your bank or credit card issuer.
- Products or services are only considered as purchased where the full amount is cleared on our account.
- Purchased price of products or services is the amount that is to be cleared on our account. Only credit card charges applied by our merchant bank or payment gateway is accepted.
- i. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method such as bank transfer. We may also cease providing products to you.
- You are to refer to the TOS for important details that affect your use of the products, such as the management of your Yellow.mu account.
- Capitalised words and/or phrases not defined in this section "Electronic Transaction terms" have the definition given in the TOS.
- MYP Online Marketing's provision of its products and/or services, and your receipt and use of the products and/or services, is subject to the terms applicable to each products and/or services. You are to refer to these products and/or services specific terms before purchasing.
- The subscriber/customer and member acknowledge and understand that MYP Online Marketing is an online marketing company MYP. As an Online Marketing company, the company's main objective is to optimise its business directory and its network for the internet, to the best of its ability, so as to create and drive traffic to all areas of Mauritius Yellow Pages and related network.
- The subscriber/customer and member further acknowledge and understand that:
- MYP can at no time be held liable if a business page or an advertisement displayed on yellow.mu or its related network is not obtaining its expected visitors or views or click through rate (CTR), if there is no additional agreement on Search Engine Optimisation (SEO) or minimum CTR.
- MYP is at no time stipulating that they are the official website of any company or brand other than for its own operation and brand(s).
- they are giving MYP the right to apply various SEO practises, including link building and content creation, in its effort to obtain and improved search engine indexing, obtain ranking and drive traffic to yellow.mu, the respective business pages and related network.
- they are authorising MYP Online Marketing, its partners and commercial partners to refer to their company, brand, services and products as part of the overall objective of 4,a.
- These Electronic Transactions Terms supersede all prior and contemporaneous agreements and understandings between you and MYP Online Marketing relating to the products and/or services.
- In the event of any conflict or inconsistency among these Electronic Transaction Terms, the Products and Services Terms, and the Yellow.mu Terms of Services; superiority will be given in that order.
If you require a Username and Password and/or created an account to access any service, then in addition to the provisions of the MYP Online Marketing General Terms of Services (TOS) and the terms applicable to any other service that you are using, the following additional Terms for Registered Users applies for your to use the services.
- You are solely responsible for keeping your password and all other account information confidential and for all use of your username and password, including, without limitation, any use by any unauthorised third party. It is your responsibility to maintain the security of your mobile device(s) from unauthorised access.
- MYP's employees will never ask for your password. If you are asked for your password, or if you believe someone may have obtained your password, you must contact MYP customer service.
- MYP, in its sole and absolute discretion, may terminate access to your account for any reason (including reasons related to unlawful or unauthorised usage). MYP has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the services.
- When using the services, MYP may permit you to store data, preferences set by you, content or other information for your convenience, but MYP is under no obligation to retain any such data, preferences, content or other information, including, without limitation, any coupon that you may have stored.
Exclusion of damages; MYP Online Marketing will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including, without limitation, damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the services, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring, including without limitation, the cost of any goods or services which may be purchased or obtained as a result of using the services.
You specifically agree that your use of the products is at your sole risk, and the products are provided on an "as is" and "as available" basis. MYP Online Marketing (Yellow.mu - Mauritius Yellow Pages), its suppliers, resellers, partners and their respective affiliates expressly disclaim all warranties of any kind, whether expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular MYP Online Marketing (Yellow.mu - Mauritius Yellow Pages), its suppliers, resellers, partners and their respective affiliates make no warranty that (a) the products will meet your requirements; (b) your use of the products will be timely, uninterrupted, secure or error-free; (c) any information obtained by you, as a result of the products will be accurate or reliable; and (d) any defects or errors in the products will be corrected.
Any material downloaded or otherwise obtained through the use of the products is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from the download of any such material.
Limitation of liability; in no event will the aggregate liability of MYP Online Marketing (Yellow.mu - Mauritius Yellow Pages) arising from, relating to, or in connection with this TOS or the services exceed the greater of: (i) amounts that you paid Yellow.mu for your use of the services; (ii) MUR 5,000; or (iii) with respect to services subject to additional terms, the aggregate liability amount specified in such additional terms.
You further acknowledge that the products are not intended or suitable for use in applications that could lead to death, personal injury, or severe physical or environmental damage.