Contributor Terms Of Service
These Terms apply to Contributors to the HowTo.Yellow.co.nz website (the “Website”). In these Terms we have used “we” for Yellow Pages Group Ltd® and any other Yellow® company involved in publishing articles and the Website and “you” for the article contributor. By registering to contribute articles, and each time you contribute articles, you agree to be bound by and comply with these Terms.
1. Further Terms
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.
3. Acceptance and Access
4. Policies Regarding Contributions
The following provisions apply to any contributions you submit:
a. You are responsible for ensuring that your contributions comply with the Article Guidelines which form part of these Terms. If your article does not conform to the Article Guidelines, you acknowledge that your article may be edited so that it does conform.
b. You shall only contribute articles 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.
c. 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. This means that the article must either be an original article written by you, or otherwise references to relevant sources and acknowledgements must be included in the article. However, we will not accept articles containing in excess of 5 lines of quoted or sourced material, or obtained from the public domain, nor purchased through a private label rights transaction. Any articles submitted must not include a reply to a personal email, letter or other personal correspondence;
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. Your contribution must not be in the form of an advertisement, press release, promotional copy, sales letter, or hyped up self promotion.
d. You shall be solely responsible for the content of your contributions, and acknowledge that we are not responsible for reviewing any article to ensure legality, validity or accuracy. 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 article contributions, or you not meeting your legal responsibilities to any of us or to anyone else.
e. 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 at our discretion.
f. You agree that we may edit, add to, refuse to publish or remove any contribution, and to remove any contribution or the Website or parts of the Website, at any time without notice or explanation.
g. You shall not submit contributions, or use the Website, for commercial purposes.
h. You acknowledge that we will not pay you for any articles contributed to the Website.
5. 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® company and all officers, employees, contractors and agents of any Yellow® company. None of these people are liable to you or have to pay you for anything caused by or resulting from the Website or the articles or advertisements contained in 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.
6. 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 use 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® 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.
7. 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.
8. 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 5, all other terms remain binding.
9. 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.
10. 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.
11. No endorsement
You agree and acknowledge that we are not your agent, and that we do not endorse or recommend you or your products and services or any articles you contribute. We reserve the right to publish other advertisements on the same pages as your articles.
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 at HowTo.Yellow.co.nz. Your continued use of the Website after any change has been made shall be deemed to indicate your acceptance of the change.