Yellow
Digital Marketing
Print Advertising

Resources

Yellow Book FeaturesTips & ToolsPay My BillFAQs
Yellow Expert
Yellow Expert
Call Us: 0800 803 803

Yellow Local

Yellow Local COVID-19 Offer Terms

  1. Yellow Terms of Business (at yellow.co.nz/terms) and these terms apply to the Yellow Local COVID-19 Offer.

  2. By taking up this special limited time Yellow Local COVID-19 Offer you will receive Uberall Lite, which includes the creation of Google My Business profile and listings published on five (5) publication partner sites, includingGoogle and performance reporting, for a period of three (3) months (Initial Term) at no cost.

  3. Publication partner sites are determined by Yellow NZ Ltd and Uberall GmbH. The partner sites may be changed at any time.

  4. Yellow NZ Ltd is a product partner of Uberall GmbH, offering Uberall Lite in New Zealand. Uberall Lite is supplied by Uberall GmbH and Uberall GmbH terms apply.

  5. Prior to the end of the Initial Term, you may be offered an ongoing Uberall product to purchase.

  6. If you do not purchase a Uberall product following the end of the Initial Term, all performance reporting, content updates with respect to Google My Business and content published on partner sites will cease. You will retain ownership of your Google My Business profile only. If you wish to amend content on the publication partner sites you will need to contact them directly.

  7. This Yellow Local COVID-19 Offer may be revoked by Yellow NZ Ltd at any time.

Uberall General Terms and Conditions for Business Clients

A. Obligations of Client / Cooperation

1. Client shall provide UB in advance with all documents, information and materials they need to perform the agreed services. In doing so, Client shall ensure that the transmitted documents, information and materials are applicable and free of errors. Any liability on the part of UB for processing any erroneous information, documents or materials is excluded.

2. The Client acknowledges and agrees that the publication and all Location Data are subject to the character restrictions, quality standards and other applicable content requirements of the Publication Partners, and that such contents may be fully orpartially declined or modified at any time at the sole discretion of a Publication Partner in order to render them compliant with these requirements. Possible reasons may, without limitation, include: (i) insufficient space, (ii) non-applicability of the Location Data for the Publication Partner's application, (iii) the use of location sources other than from UB by theconcerned Publication Partner, (iv) the publication and update cycle of a Publication Partner, (v) potential problems on the part of UB in geocoding the entirety of Location Data and (vi) modification ofthe design and/or positions of a placement of Client content. The Publication Partners may in some cases require the Client to verify the Location Data (e.g. by mail or over the telephone requiring entry of a PIN number) prior to publication.

B. Assignments of rights

1. UB grants the Client a non-exclusive and non-assignable right of use to the Products and associated functionalities it has developed and made available to the Client.

2. Prior publishing the Location Data, the Publication Partners require UB to grant certain rights in relation to thelocation data processing of as well as title in said data. UB therefore requires the Client to assign the following rights to UB:

a. The Client guarantees (i) it has the power and authority to enter into this Contract and to grant UB and its Affiliates the rights granted herein; (ii) that it will only transmit a Client's Location Data to UB's database, (iii) that it is authorized to use the Location Data for this purpose, (iv) that it is authorized to disclose the Location Data to UB and its Publication Partners, (v) that the Location Data will not containany viruses, spyware or other harmful code or materials, (vi) that the Location Data constitutes a “primary” source of the Client’s own business listings data, i.e., it originates or is derived directly from the Client, versus being derived from any secondary or aggregated sources; and/or be officially approved in writing by the Client as an official source of Client’s business listings data, (vii) that the Client's Location Data will not contain any data, code or other materials that are subject to a GPL (GNUPublic License) or LGPL (Lesser GNU Public License) license, ODbL (Open Database license), or any other license, that would impose obligations on UB or an Affiliate to distribute or disclose any data or software with which the Location Data is combined or to permit third parties to reverse engineer or replace any portions of any data or software with which Location Data is combined, that would require UB or an Affiliate to license patent rights to any party, or that would impose any other obligation or limitation on UB or an Affiliate not expressly set forth in this Contract, (xi) that the Location Data are current and accurate and that they are not pornographic, unlawful, harassing, defaming, offensive or in any other way inappropriate, that they do not glorify violence, are not harmful for underage persons and that they do not violate the rights of third parties. If a legal breach or violation of common decency is present or possible, UB is authorized to refuse to process this information or these materials. UB shall inform Client thereof.

b. The Client grants UB and its affiliated companies a global, non-exclusive, transferable and gratuitous right (i) to collect, combine or modify the Location Data sent to the UB database, or to augment them with other data received by UB or its affiliated companies; (ii) to use the Location Data for UB-internal purposes, (iii) to distribute, promote and advertise Products that contain Location Data, (iv) to disclose the Location Data and/or works derived from them to its Publication Partners (directly orvia a sales chain) and (v) to indirectly grant use of the Location Data to the clients of the Publication Partners via arrangements with the latter. This assignment of rights does not extend to a disposal or other sales of client materials made available and UB is expressly prohibited from doing so.

c. A deletion, addition or modification of Location Data by the Client will not affect the (sub)license UB has granted to its Publication Partners or its clients, provided such deleted, added or modified LocationData was used by said Publication Partner and/or its clients. The Client hereby acknowledges and agrees that UB is under no obligation to ensure the deletion of the concerned Location Data from any Products, systems or devices that are under the control of the contracting party, its Clients or a third party after the Location Data (or a part of the Location Data) has been used by a Publication Partner and/or one of its clients, and that it is neither required to ensure a non-modification or non-usage of the concerned Location Data by such Publication Partner, its clients or a third party. To comply with data protection legal standards, UB will inform all Publication Partners in the event of a termination of the Contract with the Client and/or should the Client wish to remove any personally identifying information or other information related to data protection.

d. UB is granted a right of use to the Client’s brand(s) as reference Client(s) for marketing purposes and written sales presentations and make use of the Client’s brand names/company name and logo for these purposes. This includes, among others, the UB website and blog, marketing materials, event and exhibition booths, PR and social media activities as well as advertising materials for sales partners. Client further consents to the publication of a company success story and a reference statement (a quote) from Client. These will both only be published with the Client's approval. Client may fully or partly rescind its approval at any time and without stating reasons.

3. Except as expressly set forth herein, neither Party makes any warranties, whether express, implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for particular purpose or non infringement.

C. Liability

1. Each Party shall only be liable for misconduct, acts of intent or gross negligence. Such limitation of liability shall not apply (i) if a Party has issued a guarantee, (ii) when violating material obligations that are of essence to the other Party and that the other Party can generally rely on, (iii) if personal and/or physical injuries occur, (iv) to defaults or impossibilities on the part of a Party. When violating a material obligation out of any but gross negligence, the violating Party shall only be liable for the damages that are typical for this agreement. Beyond that, each Party shall in no event be liable for any consequential damages of the other Party, such as lost profit, unrealized cost efficiencies or reductions and/or other indirect damages, except for cases of intentional breach. Any limitation of liability of each Party shall also apply to its employees, subsidiaries, representatives and agents.

2. UB shall not be held liable in cases of defective performance related to the respective Products that were fully or partly caused by wrong or inadequate handling of the Product by the Client. This is, for example, the case where a performance completed by UB is only activated by a manual operation performed by the Client.

3. The Client shall indemnify UB against claims asserted by third parties on grounds associated with the publication of Location Data delivered by the Client. The Client shall compensate UB for all damages and costs incurred in relation to such claims (including the costs incurred for enforcing its rights) insofar as UB has correctly processed the Location Data in the meaning of the Contract and the claims are asserted on the grounds of the Client infringing against the guarantees stipulated above. The Parties shall immediately inform each other of such a claim. If Client or UB faces such a claim, or ifClient believes the Corporate Location Data could violate third-party intellectual property rights. Client shall immediately procure at his expense (i) the usage rights to the Corporate Location Data for UB, the Publication Partner and their clients, or (ii) delete, replace or alter the data in question so that they no longer violate any rights.

4. Client is aware that it is impossible, even with state-of-the-art technology, to create software which can work without error in all applications and combinations. In the event of a technical performance failure, UB shall attempt to rectify the disruption with normal commercial prudence.