In these terms, 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.
“Third Party Content” means any Content transmitted or posted on the Website by third party users.
“Yellow”, “we”, “us” and “our” are references to Yellow Pages Group Limited and any other Yellow Pages Group company involved in publishing the Website.
“you” and “your” are references to the end-users of the Website.
“Website” means Yellow’s “How to” guide website being howto.yellow.co.nz.
3. 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.
4. 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 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.
5. Linked sites
Other than links provided to other Yellow websites, no link appearing in the Content and no linked site appearing on the Website is endorsed by Yellow and Yellow takes no responsibility is taken for material on any linked site. You agree that by accessing any linked site you are doing so at your own risk.
6. 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.
7. Consumer Guarantees 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.
8. 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.
If any one or more of the provisions of this Agreement will 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.
11. No Agency