yellO - Website Access Terms and Conditions

The services at this website, http://www.yello.pk ("yellO"), the affiliated websites and their respective applications and interfaces for mobile devices (collectively, the "Site") are provided to you ("You"/"Your") by NLT (Pvt) Ltd, a company registered in Pakistan under Registration Number 14359/20070707, with its registered address at 47 Dockyard Road, West Wharf, Karachi ("We"/ "Us"/"Our").
These terms and conditions (the "Terms") are the terms on which yellO is made available to You, whether or not You are a registered user. By accessing yellO, You agree to be bound by these Terms. Do not use the Site if you are unwilling or unable to be bound by the Terms of Service. Please note that these Terms permit the use of yellO in a personal capacity only.

1. DEFINITIONS

A "user" is anyone who accesses, browses, crawls, scrapes, or in any way uses the site.
"Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit, post, or transmit to, or using, the Site, such as news, reviews, events, classified ads and business listings, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to the Site. Your Content does not include the information that you submit in order to create an account on the Site.

2. YOUR USE OF yellO

2.1 You agree that by using yellO You will not:

  • 2.1.1 use yellO in any way that may lead to the encouragement, procurement or carrying out of any criminal activity or activity which breaks the laws of Pakistan;
  • 2.1.2 access, retrieve or index the Site to for purposes of constructing or populating a searchable database of news, reviews, events, classified ads or business listings;
  • 2.1.3 email, post, transmit or otherwise disseminate any content which:
    • 2.1.3.1 use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site;
    • 2.1.3.2 includes personal data regarding another yellO user, including without limitation, their e-mail, address, or other contact details that would enable another yellO user or third person to contact them without using yellO or without their express consent;
    • 2.1.3.3 infringes the copyright or any other right of a third party.
  • 2.1.4 use yellO to impersonate any person or entity (including but not limited to Our employees or representatives) nor falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • 2.1.5 use the Site for promotional or commercial purposes, unless expressly allowed to do so by yellO or advertise or promote Your own products or services by way of distribution of 'spam' email
  • 2.1.6 transfer files that contain viruses, trojans or other harmful programs;
  • 2.1.7 attempt to gain unauthorised access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); make excessive traffic demands; use the Site to violate the security of any computer network;
  • 2.1.8 use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
  • 2.1.9 use the Site to transmit or post pornography or illegal content;

2.2 We do not actively monitor yellO nor exercise active editorial control over user content or the content of any third party sites or other material created or accessible over or through yellO. We operate on a "notice and takedown" basis. If You feel that any other user of yellO has breached any of the restrictions above please flag the content for review and We will review the content and take such action as We deem necessary, including, where necessary, removing illegal content within a reasonable time.

2.3 If We have reasonable grounds to believe You have breached any of the above restrictions, We reserve the right to:

  • 2.3.1 suspend, restrict or terminate Your access to this Website at any time without notice at Our discretion;
  • 2.3.2 remove any content from yellO; and
  • 2.3.3 take any other action that We deem necessary including, in the case of illegal activities, commencing legal proceedings.

We also reserve the right to monitor and remove content which in Our reasonable discretion breaches the above restrictions.

2.4 You acknowledge that submitting news, reviews, events, business listings or classified ads does not guarantee that they or any part of them will appear on yellO. After submitting, You will not be able to edit or delete it your submission, but if You become aware of any inaccuracy in material submitted by You or by anyone else, please contact Us at info@yello.pk.

3. YOUR LEGAL OBLIGATIONS/ YOUR PROMISES TO US

3.1 Eligibility:

  • 3.1.1 You must be at least 18 years old otherwise, you may not use the Site. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Service (which authority you hereby exercise). If you are under the age of 18, you have permission from your parent or guardian to use this Site;
  • 3.1.2 all information and details provided by You to Us (including on registration) are true and accurate;
  • 3.1.3 in relation to any news, reviews, events, classified ads, business listings or other material submitted to or posted on yellO You have the right to do so and have obtained all necessary licences and or approvals.

3.2 You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use of yellO including any breach or suspected breach of these Terms or Your violation of any law or the rights of a third party.

4. REGISTRATION, PASSWORDS AND SECURITY

4.1 In order to access certain features of the Website, including the ability to post news, reviews, events, classified ads and business listings you will be required to register. If you do so you will be required to be bound by the Terms and Conditions of the Site.

4.2 On registration, you should choose a user name and password. You should treat your user name and password as confidential. You warrant that you will not impersonate another individual when using the Sites or the Site Services. We do not have the means to check the identities of people using yellO and will not be liable where Your Password or User Name is used by someone else. You agree to notify Us immediately on info@yello.pk. of any unauthorised use of Your Password or User Name of which You become aware.

4.3 You can cancel Your registration with Us at any time by requesting it by sending an email to info@yello.pk.

5. OWNERSHIP AND COPYRIGHT

5.1 NLT (Pvt) Ltd either owns or licences the yellO assets, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. NLT (Pvt) Ltd also owns or licences the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights (the "IP Rights") associated
with the yellO assets and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the yellO Content in
whole or in part except as expressly authorized by yellO. Except as expressly and unambiguously provided herein, yellO does not grant you any express or implied rights, and all rights in and to the Site and the yellO Content are retained by yellO.

5.2 Any use other than that permitted under this clause 5 may only be undertaken with Our prior express authorisation.

5.3 By submitting information, text, photos, graphics or other content to Us via yellO, You grant Us a right to use such materials at Our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from yellO.

6. LINKS TO AND FROM OTHER WEBSITES

6.1 You may establish links to yellO provided:

  • 6.1.1 You link only to the home page of the yellO website;
  • 6.1.2 You do not remove or obscure advertisements, copyright notices or other notices on yellO;
  • 6.1.3 You immediately stop providing links to yellO if notified by Us.

6.2 The Site may include links to other websites (each, a "Third Party Site"). yellO does not control or endorse any Third Party Site, and you agree that yellO is not responsible for the availability or contents of such Third Party Sites.

7. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY

7.1 We have no responsibility or control over the contents of communications made by or between yellO users and cannot be held liable for any contents of or consequences of such communications or content.

7.2 Nothing in these Terms and Conditions shall exclude or limit Our liability for fraudulent misrepresentation or for death or personal injury resulting from Our negligence or the negligence of Our employees or agents.

7.3 To the maximum extent permitted by law, We shall not be liable, in any way for any loss arising from or in connection with

  • 7.3.1 loss of revenues, profits, contracts or business or failure to realise anticipated savings, or
  • 7.3.2 any loss of goodwill or reputation, or
  • 7.3.3 any indirect or consequential losses suffered or incurred by You arising out of or in connection with yellO, including these Terms.

7.4 We do not accept any liability for damage to Your computer system or loss of data that results from Your use of yellO and We cannot guarantee that any files that You download are free from viruses, contamination or destructive features.

7.5 Whilst We use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not warrant that the information on yellO itself will be free from errors or omissions.

7.6 We do not warrant that yellO will be available uninterrupted and in a fully operating condition.

7.7 Access to yellO may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.

7.8 All content and services on yellO are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty (whether express or implied) in respect of yellO or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via yellO.

7.9 Any decisions or action taken by You on the basis of information provided on or via yellO are at Your sole discretion and risk and You should obtain individual professional advice where necessary. Any dealings between You and any third party accessed on or via yellO including payment for and delivery of products, services and any other terms and conditions associated with such dealings are solely between You and the relevant third party. Where a business listing includes information on opening times, accessibility or availability, please check with the relevant venue or organisation before setting out or incurring any expense. Nothing in this clause 7 shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).

7.10 Reviews included on yellO represent the views, opinions, advice and recommendations of users of yellO and are not endorsed by Us. To the maximum extent permitted by law, We will not be responsible for the accuracy, defamatory nature, completeness or otherwise of such views opinions and advice.

8. SECURITY AND PRIVACY

8.1 Please ensure that you read Our Privacy Policy which contains important information about the use of Your personal data other information regarding Your privacy and Our security processes and policies.

9. CHANGES TO THESE TERMS AND CONDITIONS

9.1 NLT (Pvt) Ltd reserves the right, at its discretion, to make changes to any part of the Site or these Terms. When these Terms are changed, NLT (Pvt) Ltd will publish the new Terms as updated from time to time. You are therefore advised to review these Terms regularly to ensure that you are aware of any changes we make. By continuing to use the Site, you are agreeing now to be bound by those changes and revised terms.

10. SEVERANCE

If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.

11. GENERAL

11.1 These Terms and any document referred to in them constitute the entire agreement and understanding of the parties relating to the subject matter of these Terms and supersede any previous agreement or understanding between the parties in relation to such subject matter.

11.2 Nothing in these Terms shall create or be deemed to create a partnership, joint venture or principal-agent relationship between You and Us and neither party shall have authority to bind the other in any way.

11.3 No failure or delay by Us in enforcing these Terms shall be interpreted as a waiver of Our rights under these Terms or of any other rights available to Us.

11.4 A person who is not a party to these Terms has no right to rely upon or enforce any term of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

12. GOVERNING LAW AND JURISDICTION

In the event of any dispute between You and Us concerning these Terms, Pakistani law will apply. If You wish to take court proceedings against Us You must do so within the courts of Pakistan.

13. SMS AND TELEPHONE USE WITH SITE

13.1 Please note, only callers with mobile phones using certain networks will be able to participate in yellO promotions using a Short Message Service (“SMS”), known commonly as a text message. Users should check with their service provider for details of compatibility. NLT (Pvt) Ltd will not be liable in the event of telephone or text message entries not received as a result of network incompatibility, technical faults, or otherwise.

13.2 For the avoidance of doubt, you should follow the instructions regarding the texting of messages extremely carefully as NLT (Pvt) Ltd cannot guarantee a correct response for mis-spelt or incorrect text entries.

13.3 A text message to the yellO shortcode will normally cost the standard rate for your mobile or telephone provider unless expressly stated in the specific rules. You should check with your network provider for more details. For the avoidance of doubt, the cost of text messages from different mobile phone service providers may vary.

14. ADVERTISING AND SPONSORSHIP

14.1 Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with applicable law and regulation. NLT (Pvt) Ltd will not be responsible for any error or inaccuracy in advertising material.

These Terms were last updated on 18 Mar 2009.
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