Terms & Condition
Terms and conditions
1 TERMS AND CONDITIONS
Welcome to Yellow Suppliers Ltd. These terms and conditions are intended to help keep Yellow Suppliers a safe place to interact between producers and suppliers.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Yellow Suppliers Limited offers you access to the Services and the Website. By registering as a member of Yellow Suppliers you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions: As Yellow Suppliers operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. We will communicate all changes by Site Announcement. Occasionally, we may make urgent changes, but will generally give you at least one weeks’ notice to review these changes. We may also seek your feedback on proposed changes on the Contact us page. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
These terms and conditions were last updated 19.08.2016.
1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
1. 'Member' means a registered member of Yellow Suppliers;
2. 'Member Service(s)' means a trade or business service that has been advertised by a Yellow Suppliers member in the Suppliers Category;
3. 'Services' means any one or more of the services offered by Yellow Suppliers Limited.
4. 'Suppliers Category' means the category on the Yellow Suppliers homepage where members can advertise their services or products;
5.’We', 'us' and 'our' are a reference to Yellow Suppliers Limited;
6.’You' and 'your' are a reference to you;
7. 'Website' means any Yellow Suppliers website through which the services are offered;
8. 'Listing' means a listing on the Website through which you advertise your company.
9. 'User' includes any person utilising our platform.
2 SPECIFIC WARNINGS
2.1 The Services: Yellow Suppliers provides a venue to introduce members who want to buy and sell items or to advertise and find jobs and Member Services. Yellow Suppliers does not take any part in the advertising other than by providing our Website as a venue for members. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. Yellow Suppliers also provides an Employment Category venue where members can be connected with trades people and service providers.
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Yellow Suppliers takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Yellow Suppliers gives no undertakings, representations, or warranties in relation to information listed on the Website about ownership of any item; as to the content, safety, description, worthiness, quality, or legality of the items or Member Services that are listed on the Website; as to the accuracy or truth of listings; that any item, or Member Service listed in the Services Category, will meet your requirements or expectations;
2.3 Disclaimer: You expressly understand and agree that: your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Yellow Suppliers disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement; Yellow Suppliers does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable; no advice or information that is obtained by you from Yellow Suppliers or anyone else shall create any warranty by Yellow Suppliers that is not expressly stated in the terms and conditions; and responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Yellow Suppliers's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Yellow Suppliers to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
2.6 Breach: Without limiting any other rights and remedies available to Yellow Suppliers, Yellow Suppliers may limit your activities on the Website, remove your listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions, in particular, your obligations under Clause 4, or where Yellow Suppliers considers it appropriate.
3 BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in New Zealand or Australia (unless specifically authorised by us in writing) and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Yellow Suppliers to ensure it is kept current at all times. Yellow Suppliers may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not).
3.3 Termination of membership: Yellow Suppliers reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Yellow Suppliers may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. When limiting your activities on the Website Yellow Suppliers may consider offsite conduct such as prior criminal convictions, insolvency, or any other conduct that puts our community or systems at risk. In the event of termination, you also agree that you will not open or attempt to open any new Yellow Suppliers memberships. You may at any time close your Yellow Suppliers membership by giving us three days' notice in writing. If you close your membership, or if it is terminated by Yellow Suppliers, your ability to use the Yellow Suppliers website will end. To the extent that you continue to access the site, clauses 2.2-2.5, 4.1 and 6.8 of these terms continue to apply.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree: not to permit any other person to use your user name or membership; and not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
3.5 Emails and newsletters: Yellow Suppliers will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Yellow Suppliers products and Services to you. Yellow Suppliers may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
4 GENERAL RULES
4.1 General: All listings and advertisements made through Yellow Suppliers shall be made in good faith. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so. You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose. You may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details. You are responsible for any advertisement taken through your membership. Yellow Suppliers memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorisation from Yellow Suppliers.
4.2 Your obligations as a supplier: Suppliers must be located in New Zealand or Australia. Suppliers outside of these countries are not permitted to advertise on Yellow Suppliers, unless specifically authorised in writing by Yellow Suppliers.
You will only enter details that are accurate, current, complete, and include all relevant information. You must list your company information in three categories only which must be the most appropriate category for your company.
All listings must comply with New Zealand law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2.
You agree that Yellow Suppliers may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2 at any time.
You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
Your listing may only contain a URL for a website that contains further information about your company.
Information is not pre-screened for content. Yellow Suppliers reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
5 FEES AND ACCOUNTS
5.1 Yellow Suppliers Listing Fees: Yellow Suppliers charges fees for the use of the Website as a venue. Yellow Suppliers's current fees are listed on our fees page in the help section. Yellow Suppliers reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated. If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. Before listing your company details, you should review Yellow Suppliers's fees to ensure you are aware of the fees that you will incur. You must pay the fees immediately upon demand by Yellow Suppliers.
5.2 Yellow Suppliers Accounts: By submitting your payment you agree to our terms and conditions.
6 GENERAL PROVISIONS
6.1 System Integrity: Yellow Suppliers will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Yellow Suppliers takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Yellow Suppliers assumes no responsibility for the corruption of any data or information held by Yellow Suppliers.
6.2 Resolution of disputes: As Yellow Suppliers is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Yellow Suppliers in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided.
6.4 Force Majeure: Without prejudice to clause 2.3(a), Yellow Suppliers has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Yellow Suppliers to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Yellow Suppliers.
6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
6.7 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
6.8 Intellectual Property Rights: Yellow Suppliers (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. You may not without our prior written permission, in any form or by any means: Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
6.10 Privacy: Yellow Suppliers collects, uses and discloses personal information about you, as outlined in detail within our privacy policy.