Terms of Use
By accessing any of our websites or mobile applications (each a Property and together the Properties) you agree to be bound by these Terms of Use.
1 Your licence to use our Properties
1.1 Each Property is owned, provided and published by Yellow NZ Limited (we, us, our) and we own or have the right to use the content in each Property and retain all intellectual property rights in such content. We hereby provide you with a limited, revocable and non-transferable licence to access and use each Property on these Terms of Use:
a You may manually access each Property, and (where applicable) make a copy of the results of any searches made via the Property, and use those results, provided that no such access, copying or use is for any competitive purpose, or used to compile any database.
b All material you copy, download or print must retain any trade marks and copyright notices as they appear on or in the Property.
c Apart from using any Property under this licence or any fair dealing under the Copyright Act 1994, no material from any Property may be searched, printed, downloaded, copied, republished or distributed in any way without our prior written permission.
d You will not attempt to reverse-engineer, access the source code of, or otherwise attempt to access, use or edit any Property outside its normal intended use. For the avoidance of doubt, the use of URIs is strictly prohibited.
e You will not submit queries to any Property for the purpose of obtaining information about that Property, its ontology, structure or contents.
f You will not use any Property or any of its content in any manner which is, or is likely to be, in breach of any law, or damaging or disruptive to that Property or any other website or mobile application.
1.2 We may (in addition to our other rights) revoke your licence to access and use any Property and/or suspend or terminate your access to and use of any Property at any time, without notice, for any reason or no reason at all.
1.3 We reserve the right to prohibit links to any Property and you agree to remove any link or cease linking to any Property upon our request. You may not frame any part of a Property, including with any advertising or other revenue generating material.
1.4 Certain of our Properties include data which is licensed by LINZ for re-use under the Creative Commons Attribution 3.0 New Zealand licence.
2 Automated searching by public search engines only
2.1 Automated searches of our Properties may only be carried out by public search engines so as to index the Property, in accordance with our robots exclusion standard (ie.robots.txt) and any other protocols that we may apply to our Properties from time to time. We may prohibit access by any search engine at any time.
3 Information provided by us
3.1 Our Properties may include information intended as a guide to assist you when making decisions about ordering advertising products and services from us. While all such information is supplied in good faith, we recommend you consult one of our Sales Representatives for more detail on 0800 803 803.
4 Information provided by advertisers
4.1 Our Properties may provide a facility for businesses to advertise their products and services. Advertisements may be maintained by the advertisers themselves or third parties without our involvement, and may link to their own websites.
4.2 Although we ask advertisers to ensure their advertisements on our Properties and on their own linked websites are accurate, we are not responsible for checking them and make no representation about the accuracy or truth of the content of any advertisement or linked website.
4.3 Please use caution and common sense when using any Property or linked website. Material included by advertisers may be inappropriate or offensive. Parents may wish to obtain commercially available software to help limit access by children to such material.
5 Your dealings with advertisers
5.1 We are not the agent of any advertiser listed on any Property. We do not endorse advertisers or their products and services and have no control over the quality, safety, suitability, legality, availability or price of any product or service advertised on any Property. We are not involved, on behalf of either you or the advertiser, in any dealing resulting from your use of any Property. You must communicate and deal with advertisers directly to complete transactions or resolve problems arising from them.
6 User content
6.1 Our Properties may provide a facility for users to submit content, including but not limited to ratings and reviews of businesses and their products and services. You warrant that in submitting any such content to us:
a you own all rights, title and interest in and to such content;
b such content does not contain anything that is, or may be considered to be, defamatory, offensive, false or misleading, harassing or threatening, a breach of any law, or a breach of any third party’s rights;
c such content otherwise complies with our guidelines; and
d such content does not contain any viruses or any kind of malicious code whatsoever.
6.2 You irrevocably and unconditionally grant us an exclusive, worldwide, royalty-free, transferable, sub-licensable and irrevocable licence to use such content in any way as we see fit, including without limitation the right to use, copy, modify and publish such content (whether in whole or in part) in any format or medium currently known or developed in the future, and you waive all moral rights in such content. Moral rights means the rights of the author of a copyright work (including any right to be identified as the author of the work or to object to derogatory treatment of the work) in any jurisdiction.
6.3 You acknowledge and accept that we may disclose your personal information to any third party who claims that content submitted by you is a breach of their rights or of any law.
6.4 Although we ask users to ensure that content submitted by them complies with these Terms of Use, we may review, edit, withhold or remove any such content for any reason, or no reason at all. However, we have no obligation to exercise such rights, are not responsible for checking such content and make no warranty or representation as to whether such content complies with these Terms of Use. You may report objectionable user content by emailing us or calling us on 0800 803 803.
7 Accounts
7.1 Certain services provided via our Properties may require you to be logged in, whether using an account registered with us, or by way of a compatible third party account (for example, Facebook or Google). You must provide us with current, complete and accurate information when registering an account with us, and you agree to update your account details should they subsequently change. We may reject any application for registration or suspend or terminate any account at any time, without notice, for any reason or no reason at all.
7.2 Your account is for your sole, personal use. It is your responsibility to keep your account credentials secure, and you will be held liable for any activity undertaken with your credentials. If you think that your credentials have been compromised, you must notify us immediately.
8 Availability
8.1 We do not guarantee that access to any Property or any product or service we provide via a Property will be continuous or fault-free. We may modify any Property, or withhold, suspend or restrict any Property or any product or service provided via a Property, at any time without notice. Each Property is provided on an “as is” basis and we make no warranty that it will be free from viruses or any kind of malicious code whatsoever.
9 Exclusion of liability
9.1 To the fullest extent permitted by law, we exclude any liability we may have to you relating to your use of any Property, or its availability. This exclusion also applies for the benefit of each of our related companies, and all our officers, employees, contractors and agents (and those of our related companies). None of these people are liable to you or have to pay you for anything caused by or resulting from your use of any Property. This exclusion applies whatever you are claiming for and however liability arises or might arise if it were not for this clause.
10 Indemnity
10.1 You agree to release us from, and indemnify and hold us harmless against, all actual or threatened actions, claims, costs and expenses (including legal costs and expenses), losses, proceedings, damages, liabilities or demands suffered or incurred by us arising out of or in connection with your failure to comply with these Terms of Use, your breach of any warranty in these Terms of Use, your failure to complete a transaction, or your purchase and/or use of any product or service provided by any advertiser on any Property, and you agree to co-operate with and assist us to the fullest extent practicable in respect of the same.
11 Privacy Policy
11.1 You acknowledge that you have read, understood and agree to our Privacy Policy . In the event of any conflict between these Terms of Use and the Privacy Policy, these Terms of Use prevail to the extent permitted at law.
12 Changes
12.1 We may change these Terms of Use, by adding, changing or removing terms at any time. Any change applies from the time it is published on the relevant Property. You should check from time to time to see if these Terms of Use have changed. Your continued use of a Property confirms your acceptance of such terms.
13 Assignment
13.1 We may assign or otherwise transfer this agreement, or any of our rights, benefits or obligations under these Terms of Use or any other agreement with you, in whole or in part, to any related company or third party.
14 New Zealand law applies
14.1 Our Properties are located in New Zealand and all services we provide via our Properties are provided in New Zealand under New Zealand law. You may take action against us only in a New Zealand court. This applies whether you are using any Property from inside or outside New Zealand.
15 Contact us
15.1 If you have any questions about accessing and using any of our Properties, please contact us.