This agreement is a legally binding agreement that you are entering into with MYP (MYP Online Marketing Ltd) in every which way or channel you order or purchase any form of service, product, solution or tool i.e. a Yellow Pages Business listing on www.yellow.mu®, YellowMail®, Email, Skype, Social Media, via Sales Representative, Solution Partner Provider or other, in cash, by cheque, bank transfer, credit card, Bitcoin, service exchange or other.
All the services provided and software licensed (including the extensions and/or upgrades) by MYP™, its network (i.e. Yellow Pages, EnterprisesMauritius.com, or other network sites) 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®, YellowMail®, YellowMarket®, and any other, in the present or future, MYP, the developer of the product, solutions, tools, and MYP partner solution providers. If you do not agree to these terms, then do not indicate acceptance and do not use the product and services provided by MYP. 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 Services
This General Terms of Services ("TOS"); may be modified or amended periodically by MYP Online Marketing Ltd (MYP), as defined below, is applicable for the use of any of MYP products, services, solutions, tools or licenses, (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 any website Services, tools and solutions 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, solutions, tools and partner solutions and applications, 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, solutions, tools and partner solutions and applications provided through MYP, its network sites i.e. 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, solutions, tools and partner solutions and applications unless you agree to the applicable additional terms.
Links to certain additional terms follow:
- Advertiser General Terms and Conditions; for banner advertisement and other type of advertising services (Where applicable the MYP Services Terms applies),
- Mobile App End User Terms; use of our mobile apps (As of July 2019)
- Electronic Commerce Terms; when purchasing products or services online refer to invoice.
For the provision of our Services, MYP™ is obligated to provide various legal notices by law and/or by contract, which are incorporated by reference into these TOS, Electronic Commerce Terms and the Mobile App End User Terms (where applicable). Please see the Legal Notices Page.
About The Services and Terms
As a provider of business listings (online directory), advertising, marketing solutions (including Ecommerce) and other internet-related services, solutions and tools; MYP Online Marketing Ltd (MYP™) 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. MYP online network sites including 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; MYP reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, MYP have 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 MYP services and online network sites including Mauritius Yellow Pages (www.yellow.mu). This TOS will be revised from time to time. A customer's use of MYP's services after changes to the TOS are posted on MYP’s web site (www.themyp.com), and again linked from other MYP network sites such as Mauritius Yellow Pages (www.yellow.mu), 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, members, customers and general users obtain information through the internet, they must keep in mind that MYP cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers and members may acquire. For this reason, the subscribers, members, customers and general users 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 MYP cannot monitor or censor the internet, and will not attempt to do so, MYP cannot accept any responsibility for injury to its subscribers, members, customers and general users 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 MYP is not able to 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 MYP’s network including the Mauritius Yellow Pages’ business directory, content sections and social media channels, and may well reach a large number of people, including both subscribers and members and non-subscribers of Mauritius Yellow Pages (Yellow.mu) and its network partners, subscribers and members' postings to the internet may affect other subscribers and members and may harm MYP’s goodwill, business reputation, and operations. For these reasons, subscribers and members who violate MYP’s 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 MYP's servers, 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/or through another of MYP Online Marketing's network sites and apps.
- 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 MYP have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscribers and members. MYP Online Marketing may, 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.
Marketing Terms on MYP’s Platforms - The Marketing terms are technology neutral and therefore the terms must be respected irrespective of the media platform used. Under this theme, you can note that we have placed restrictions on how to design your company's marketing content using MYP’s platforms. We have set up some basic rules that are in place to help to maintain ethical marketing and avoid misleading or unsubstantiated statements. As our platform is evolving; MYP will be updating our terms with the rules for price marketing, blogging and social media marketing, child and youth promotion, and how to contact consumers and other traders. If you break the regulations, your business page will be suspended.
- 1.a Businesses must demonstrate good marketing practices with regards to consumers, traders and general public interests. All marketing and advertising must be: an accurate description of the product or service; legal; decent; truthful; honest; and socially responsible (not encouraging illegal, unsafe or anti-social behaviour);
- 1.a.i As well as being accurate and honest, you must not make misleading comparisons with competitors, that includes:
- a. using a competitor’s logo or trademark, or something very similar
- b. comparing your product with a competitor’s product that’s not the same,
- 1.a.ii Companies and persons promoting their business, products and services are not allowed to use exaggerated words i.e. The Best, No 1, or similar,
- 1.a.iii Companies and persons promoting their business, products and services are not allowed to use unsubstantiated statements or figures,
- 1.b Your adverts must describe the actual cost accurately, including any ongoing or associated costs (like subscription fees) and taxes (VAT), if applicable;
- 1.b.i This is applicable for Coupons published on yellow.mu,
- 1.b.ii This is applicable for any offers communicated through YellowMail.
Electronic Commerce Terms
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), ICT services, Digital services, Business related services, 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™ and MYP's network services and partners' services, and/or make part or full payment; 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, or
- Effecting part or full electronic payment,
- 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.
- Electronic Transactions: You agree that all business pursuant to these TOS may, in the sole discretion of MYP Online Marketing Ltd, be conducted electronically. Furthermore;
- 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.
- You are required to provide accurate company details where applicable law or compulsory by MYP’s signup or purchased form such as BRN and VAT number.
- Card Issuer: 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 services and 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 Mauritius Yellow Page’s 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.
- E-commerce Solutions and Trading: MYP encourages best business practices. Hence where MYP provide or permit businesses to trade through its site, application (i.e. Yellow Pages, YellowMail™, and YellowMarket™) or with the use of e-commerce solutions, direct or indirect; the business/trader is to ensure that their BRN and VAT number, where applicable, is communicated, including registered business address, terms of sales. VAT, where applicable, is by law, to be included in the pricing. Businesses that are in breach hereof will automatically be suspended and blocked from use of any of MYP services, network sites and partner solutions.
- Worldwide web: MYP overall objective is the optimisation for online marketing and to drive traffic;
- The subscriber/customer and member acknowledge and understand that MYP Online Marketing is an online marketing company also known as “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 sites and businesses.
- 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 giving MYP the right to disseminate any content including logo, graphics or brands, even if trademarked or copyrighted, that is uploaded and/or published on Mauritius Yellow Pages (yellow.mu), its network sites, partner solution provider applications and/or their sites/media, through MYP’s own or partner's social media channels, network sites and/or partner solution provider applications and/or their sites/media.
- 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.
- Entire Agreement; Superiority:
- 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.
Terms for Registered Users
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 immediately.
- 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.
- The content of any Business Page should not display prices within the text descriptions or images. Prices are only allowed on Coupons, Banner Adverts and on the interlinked official website of the business which are accessed via the website link, purchase now and book now options.
- Businesses are not allowed to place any marketing text or advertising within their Profile/Logo photo, Cover Photo or Product/Service images.
- Businesses are not allowed to place their phone number, mail address or in any way encourage/instruct a member/consumer to communicate outside of YellowMail. If a member/consumer wants to communicate directly; they will do so by using the contact information on the business page.
- The Administrator is notified of any inappropriate communication through a built in warning system. A warning will also be displayed within YellowMail.
Disclaimers, Exclusions, Limitations, and Indemnity
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 including; Yellow.mu - Mauritius Yellow Pages, its network sites, 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 including; 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 including; Yellow.mu - Mauritius Yellow Pages, its suppliers, resellers, partners and their respective affiliates arising from, relating to, or in connection with this TOS or the services exceed the greater of: (i) amounts that you paid MYP 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.