This agreement is a legally binding contract that you are entering into with MYP Online Marketing Ltd (MYP™) in every which way or channel you order, purchase or use any of MYP’s services, products, solutions or tools which include, but are not limited to Yellow Pages Business directory (www.yellow.mu®), Yellow Mail®, Yellow Markets (yellowmarkets.com®), Y-Click (yclick.io / yclick.africa) via Email, Skype, Social Media, via Sales Representative, Solution Partner Provider or other, in cash, by cheque, bank transfer, credit card, digital currency, service exchange or other.
All the services provided and software licensed (including the extensions and/or upgrades) by MYP (MYP Online Marketing™ Ltd), its network (i.e. Y-Click, Yellow Pages or other related web applications, apps and network sites). Partners are and will be subject to agreement with the terms as mentioned in this agreement. This agreement will form a legally binding contract between "YOU", the user of any web applications, apps and network sites 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.
This General Terms of Services ("TOS"); may be modified or amended periodically by MYP as deemed necessary. It is defined as below and is applicable for the use of any of MYP products, services, solutions, tools or licences, (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. This TOS was first published on November 1st, 2014 and is periodically updated. The "Effective Date" of this TOS is the date on which YOU sign and accept the TOS in your personal capacity or representing a legal entity.
Additional Terms; MYP provides a wide variety of services, solutions, tools and partner solutions and applications through Y-Click (Universal online admin panel), Mauritius Yellow Pages (Business Directory), to public, government, 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, it's network sites i.e. Y-Click and Mauritius Yellow Pages, 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:
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.
As a provider of business listings (online directory), advertising, marketing solutions, including E-commerce (online marketplace) and other internet-related services, solutions and tools; MYP offers 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 include platforms such as www.yellow.mu (Online Business Directory) and www.YellowMarkets.com (Online Marketplace) and 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 has developed a Terms of Service ("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 Yellow Pages. 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 website (www.themyp.com), and again linked from other MYP network sites such as Mauritius Yellow Pages, 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 judgement 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 judgement in relying on information obtained from the internet, and should also be aware that some material posted to the internet is 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 such as 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 (public) of Mauritius Yellow Pages 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, will have their plan downgraded without any compensation or refund of business page fees when they, their customers, affiliates, or subsidiaries engage in the following, but not exhaustive list of prohibited activities:
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 Along with the above, you must not make misleading comparisons with competitors, that includes:
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 Yellow Mail.
1.d. Your Company name and/or Trade name should be entered accurately in the respective fields according to the records held by the Corporate and Business Registration Department of Mauritius. Do not enter website names unless this is your officially registered Company or Trade name. Also ensure it does not include https:// or www.
1.e. We reserve the right to correct any breaches of these conditions without consulting you. Businesses that are found to be in violation of these terms will have their plan downgraded or account suspended without any compensation or refund of any fees paid.
1.f. Companies or organisations can list their website in the appropriate field if they subscribe to a Premium or higher Business Page, and can include a call to action/booking button with a Cyber Business Page.
ICT and Marketing Services - It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote and/or effects part or full payment, then the Client will be deemed to have acquainted themselves with the terms applicable and to have accepted these terms and conditions in full. Links to these terms and conditions are provided on the quotations, invoices and receipts. As part of the sign-up process, clients have to accept the terms and conditions which also apply to any additional services purchased through their account.
Turnaround Time and Content Control - MYP Online Marketing will develop, install and setup service(s) clients have ordered by the date specified (deadline) in the project proposal, or on a date agreed with the Client upon MYP receiving the initial payment, unless a delay is specifically requested by the Client and agreed by MYP. In return, the Client agrees to delegate a single individual as a primary contact to assist MYP with taking the project forward in a satisfactory and expedient manner. During a project, MYP may require the Client to provide content in the form of text, images, videos, movies and sound files or others. Where the client does not provide such content in a timely manner that supports the development process/deadline; MYP has the right to suspend the project without repercussion, damages or refund claimed by the Client. The Client will be subject to pay a reactivation fee of a minimum of MUR 2,000. Once the reactivation fee is received, MYP will review its planning and provide a new date for delivery (deadline).
Payment of ICT and Marketing Services – For any subscription or renewal or recurring payments that are not paid in full by due date/deadline; MYP has the right to suspend the service without repercussion, damages or refund claimed by the Client. The Client will be subject to pay a reactivation fee of a minimum of MUR 2,000. Once the reactivation fee is received, MYP will review and reactivate the service within 48 hours (working days).
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 purchases are 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.
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.
Parties other than MYP provide services, or sell products on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. MYP does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
MYP allows local businesses, third party promoters and merchants to list and sell their products on our platforms i.e. YellowMarkets.com and Yellow-Pages.mu. In each such case this is indicated on the respective store page. While MYP as a platform provider helps facilitate transactions that are carried out on the MYP platform, MYP is neither the buyer nor the merchant of the merchant's items. MYP provides a platform for merchants and buyers to negotiate and complete trades, deals and in some cases financial transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between the buyer and merchant. MYP is not a party to this contract nor assumes any responsibility arising out of or in connection with it, nor is it the merchant's agent. The merchant is solely responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and merchant. Because MYP wants the buyer to have a good buying experience, MYP provides a business review process, which will be published on the business page or store of the respective organisation or individual from which you have made a purchase from, through the Mauritius Yellow Pages quotation and Yellow Markets ecommerce process.
MYP does its best to ensure that the availability of the MYP Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to MYP Services may occasionally be suspended or restricted to allow for repairs, maintenance, upgrades, updates, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
MYP will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the MYP Services.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
1.1. These terms and conditions apply to all competitions, prize draws, promotions, giveaways and suchlike that are promoted on and run through our MYP’ portals such as Yellow.mu, network websites or social media channels.
1.2. To enter a competition you must do so as directed through our email, account notification, landing page, websites or social media channels.
1.3. All competitions are free to enter (no purchase required, unless otherwise stated).
2.1. To be eligible to enter a competition;
(a) Participants must be a real person, at least 18 years old and permanently reside in the Republic of Mauritius
(b) Participants must not be one of our employees, officers or agents, or an employee, officer or agent of any person or organisation involved in the running of the competition, and you must not be a family relation of any such person.
(c) Competition participants for our promotions on social media must have a genuine account and must “Like” or “Follow” the respective platform´s social network page (Facebook, Instagram or other.) as part of the entry process.
2.2. The maximum number of entries to a competition per participant is 1.
2.3. The maximum number of entries for a specific competition shall be at our sole discretion, and can cancel a competition if not obtaining a minimum of 500 entries.
3.1. A competition shall open for entries at the time and on the date specified in our email, on our website and/or social media channels, and similarly, shall close to entries at the time and on the date specified in our email, on our website and social media channels. Unless otherwise stated, these times and dates are set to Mauritius Standard time, which is GMT (Greenwich Mean Time) +4.
3.2. Any entries received before the opening or after the closing of the competition will be invalid and will not be entered into the competition.
3.3. No responsibility can be accepted for entries not received for whatever reason.
3.4. We reserve the right to cancel or amend the competition, its rules and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of our control. MYP will make reasonable efforts but is not obligated to notify entrants about any such changes made.
3.5. Entry into the competition will be deemed as acceptance of all of these terms and conditions.
4.1. Competition entries shall be judged or winners selected on the basis of those criteria specified in our email, on our website and/or social media channels in relation to the competition.
4.2. If a competition entrant does not meet the eligibility requirements or is subject to any entry restrictions, that entrant shall not be entitled to be adjudged a winner, and will not be entitled to a prize in any circumstances.
4.3. Our decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
4.4. The competition and these terms and conditions will be governed by Mauritian law and any disputes will be subject to the exclusive jurisdiction of the courts of Mauritius.
4.5. A draw or judgement date will be specified as part of each competition. Such a date will be a minimum of 7 days from the closing date and a maximum of 30 days.
5.1. Competition prizes for each competition shall be specified on our website or social media channels.
5.2. Competition prize winners will be notified of the competition result by email (if address is asked for/provided) or by direct message on social media (winners must therefore ‘like’ or ‘follow’ our social media accounts in order to be contacted about prizes) not more than 15 days following the draw/judgement date of the competition, and will receive their prizes not more than 60 days following that closing date.
5.3. Reasonable efforts will be made to contact the prize winner for 14 days but if the winner fails to respond to our notification attempts within this time or provide an address for delivery of the prize or fails to meet any of the eligibility requirements or is otherwise unable to comply with the competition terms and conditions, we reserve the right to disqualify that entrant and offer the prize to the next eligible entrant and thereafter until a winner is found.
5.4. The results of a competition will be announced on our website within 7 days following the draw/judgement date of the competition. The announcement may include the name and photograph, the town or region of residence and prize details of each prize winner.
5.5. No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
6.1. You warrant to us that you created your competition entries, that you own all of the copyright in those entries, and that our use of the entries in accordance with these rules will not infringe any person's intellectual property rights or other legal rights.
6.2. You grant to us an exclusive, worldwide, royalty-free, perpetual and irrevocable licence to copy, store, edit, distribute, transmit and publish your competition entries.
6.3. To the maximum extent permitted by applicable law, you irrevocably and unconditionally waive your rights to be identified as the author of your competition entries and to object to any derogatory treatment of your competition entries.
7.1. Competition entries will not be returned. Please, therefore, keep a copy of your competition entries.
8.1. We may undertake publicity activities relating to competitions and prize awards. The winner therefore agrees to the use of their name, photograph and disclosure of town or region of residence in any post-prize-winning publicity.
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, yellowmarkets.com - Yellow Markets, yclick.io - Y-Click and any of its other web applications, network sites, suppliers, 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, suppliers, 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, suppliers, 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.