Conditions générales de MYP
Conditions générales des services
Contrat
*Note: Les documents juridiques, les politiques et tous les types de conditions générales sont maintenus en anglais afin d'éviter tout malentendu potentiel.
This agreement is a legally binding contract that you are entering into with MYP Online Marketing Ltd (Also known as "MYP" or “The MYP”) in every which way access, subscribe, sales channel (Sales Representative, Solution Partner Provider or others), or any use of MYP applications, services, products, solutions or tools paid or free of charged. Examples of web applications are, Mauritius Yellow Pages (Yellow.mu), YellowMail (Yellow-Mail.io), Yellow Markets (Yellow-Markets.com), Y Click (Y-Click.io), Holidays.io and among others.
All the services, subscription and software licensed provided by MYP, its Network Sites, Network Partners, and Solution Partner Provider; including the extensions and/or upgrades, additional or future services, products, solutions, tools, and MYP partner solution providers, being added or integrated to the applications, and platform for which you have subscribed to, will be subject to this agreement with the terms and conditions as mentioned and will form a legally binding contract between "YOU", the user.
If you do not agree to these terms, then do not tick “Accept” or “Read And Agree” as part of the registration process, 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, as defined below, 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 products and services; including mobile applications and any online services and application, tools and solutions so please read it carefully. The "Effective Date" of this TOS is November 1st, 2014. You are obligated to keep yourself up-to-date on these terms and conditions.
Additional Terms; MYP provides or are integrating a wide variety of services, solutions, tools and partner solutions and applications i.e. through Y Click, to both the public, consumers and business users (“General User”, "Subscribers" or "Members"). Some services are subject to additional terms, which are either presented at the time of Opt-in, Activation, or forms part of our applications to monitor and/or assure a stable operation, security and improvement of service. These may be listed within this agreement, or be added at a later stage. 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 partner service or site i.e. Y Click (Universal Admin Panel) you are required to accept these conditions.
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),
- App End User Terms; use of our mobile apps (As of 2025).
- Privacy policy; when creating an account (Business, Member, User or Consumer).
- 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, business solutions, marketing solutions, e-commerce solutions and blockchain management other technology-related services, solutions and tools; 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 network sites respect 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 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 applications, and Network Partners. This TOS will be revised from time to time. A customer's use of MYP services after changes to the TOS are posted on MYP website ( www.themyp.com), and again linked from other MYP Network Partners´sites, 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 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 goodwill, business reputation, and operations. For these reasons, subscribers and members who violate MYP 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 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 and its brands, but also because it can overload MYP servers, network and disrupt services, subscribers and members. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, MYP 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 infringe or misappropriate 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 violate privacy, publicity, or other personal rights of others. MYP 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 policy to terminate the privileges of customers who commit repeated violations of copyright laws.
- Obscene Speech or Materials - Using MYP network to advertise, transmit, store, post, display, or otherwise make available, child pornography or obscene speech or material. MYP is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through any of MYP applications and Network Partners sites and apps.
- Defamatory or Abusive Language - Using MYP 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 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 determines to be harmful to its subscribers and members, operations, reputation, goodwill, or customer relations.
As MYP has pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscribers and members. MYP may, as an ordinary practice, monitor the communications of its subscribers and members to ensure that they comply with MYP 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 may provide from time to time.
-
Marketing Terms on MYP 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 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.
- 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);
- As well as being accurate and honest, you must not make misleading comparisons with competitors, that includes:
using a competitor’s logo or trademark, or something very similar.
- using a competitor’s logo or trademark, or something very similar.
- comparing your product with a competitor’s product that’s not the same,
- Companies and persons promoting their business, products and services are not allowed to use exaggerated words i.e. The Best, No 1, or similar,
- Your adverts must describe the actual cost accurately, including any ongoing or associated costs (like subscription fees) and taxes (VAT), if applicable;
- This is applicable for Coupons published on any applications,
- This is applicable for any offers communicated through YellowMail or other MYP Network Sites and applications.
- You are not permitted to manipulate content entry, for example by adding URL for apps, app download locations, stores, or other online locations to replace or as a substitution for a website address or instead of an online booking site/e-commerce site linked to the business page’s “Book Now” or “Buy Now” button within any of the business page fields for which that is not their intended purpose. For example, do not add your website address (CompanyName.mu) or email address (contact@CompanyName.mu) or any other form of call to action, links or coding into address fields, company overview or description fields and so on.
- 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, however ensure it does not include Https:// or www.
- 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 business page fees.
- ICT and Marketing Services - It is not necessary for any User or Client to have signed an acceptance of these terms and conditions for them to apply. If a Use or Client accepts a quote and/or effects part or full payment; then the User or 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 therefore, they also apply to any additional services purchased through their account.
- Turnaround Time and Content Control - MYP will develop, install and setup service(s) Clients have ordered or subscribed to by the date specified (deadline) in the project proposal or confirmation, 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, 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 Services - 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).
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 subscribing, purchasing products or services (each, a "Product" or "Service") from MYP, ICT services, Digital services, Business related services, Network Services or Partners. All purchases are subject to the terms and conditions as specified within this agreement ("Terms", "Terms and Conditions" or "TOS"). By indicating your acceptance or using any part of the services offered by MYP and MYP Network Partners and 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 respective employees and agents, or its Partners and Affiliates.
- Electronic Acceptance Is Binding;
- Your consent to the TOS whether stated by;
- Clicking on an "I AGREE" icon or similar, 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, 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.
- As sanctioned by our Privacy Policy, we may record your credit or debit card details and use it for all future charges and therefore, automatically charge your card on record unless you notify MYP customer service.
- 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 are accepted.
- You are required to provide accurate company details where applicable law or compulsory by MYP 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.
- Applicable Terms: Your use of MYP application, its network, mobile-based products and services and Network Partner sites, products and services is subject to the General Terms of Services (TOS) and MYP Privacy Policy.
- You are to refer to the TOS for important details that affect your use of the products, such as access to Y Click and management of MYP, MYP Network Partners´ and third parties´ applications, tools and solutions.
- Capitalised words and/or phrases not defined in this section "Electronic Transaction terms" have the definition given in the TOS.
- MYP 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 product 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 sites, applications (i.e. Yellow Pages, YellowMail™, and YellowMarket™) or with the use of e-commerce solutions, direct or indirect; the business/merchant 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 thereof will automatically be suspended and blocked from use of any of MYP services, Network Partners sites and solutions.
- World Wide Web:MYP overall objective is the optimisation for online marketing and to drive traffic;
- The subscribers/customers and members acknowledge and understand that The MYP is a business solution provider, the company's main objective is to optimise its online applications and its network sites for the internet, to the best of its ability, so as to create and drive traffic to all applications and related network sites.
- The subscriber/customer and member further acknowledge and understand that:
- MYP can at no time be held liable if a business page, e-shop or an advertisement on its sites or its related network is not obtaining its expected visitors or views or click through rate (CTR), if there is no additional agreement on Online Marketing services, 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 practices, including link building and content creation, in its effort to obtain and improve search engine indexing, obtain ranking and drive traffic to an application, 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 or Yellow Markets, its network sites, partner solution provider applications and/or their sites/media, through MYP own or partner's social media channels, network sites and/or partner solution provider applications and/or their sites/media.
- They are authorising MYP, its Network 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 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 MYP application 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 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.
- employees will never ask for your password. If you are asked for your havepassword, or if you believe someone may have obtained your password, you must contact MYP customer service immediately.
- You must provide and keep us up-to-date with accurate personal information, which may include name, date of birth, address, phone number, email address, profession, gender, education, or any other information including credit card details that enables MYP to grant you access and/or provide the services you require. We may update your details with information your bank or credit card issuer may supply, or other information available to us. All such personal information, as well as the information you provided to register, is subject to the Privacy Policy, incorporated into this Agreement. All our applications (web and communication) that are operating on servers are located outside of Mauritius. When you choose to register with, or subscribe to a service, or communicate with MYP; you understand and accept that:
- your data is collected, processed and stored outside of Mauritius;
- These third party providers adhere to the Data Protection legislation where they are located, which may or may not be similar, less or more restrictive than those of Mauritius. MYP cannot be held responsible for failures, neglect or security breaches related to any third party service provider and/or where Data Protection legislation is more lax.
- 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.
- By creating an account, you are deemed to have "opted-in" to all tracking, collection, use, and sharing permitted under our Privacy Policy. Without limitation, you agree to receive emails from us periodically relating to your account, site services, offers, and promotions, including third-party offers. You may change your email preferences at any time in your account settings. Without limitation, you consent to MYP right to record any responses and ratings made by you in connection with your use of 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, “Buy 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 the MYP applications´communication channels. If a member/consumer wants to communicate directly; they will take their own initiative.
- The Administrator is notified of any inappropriate communication through a built in warning system. A warning will also be displayed within the application.
Yellow Markets and Third Party Trading
Other Business
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 Role
MYP allows local businesses/merchants to list and sell their products and/or services on Yellow Pages. In each such case this is indicated on the respective business 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 seller of the seller's items. MYP provides a venue for sellers 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 seller. MYP is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is 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 seller. 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 of the respective organisation or individual from which you have made a purchase from, through the Yellow.mu quotation functions and Yellow Markets.
Our Liability
We will do our utmost 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, 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
- losses that were not caused by any breach on our part, or
- any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or
- 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.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
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 including; it applications, Network Sites, Network Partners, suppliers, resellers 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 including; its applications, Network Sites, Network Partners, suppliers, resellers and their respective affiliates make no warranty that
Any material downloaded or otherwise obtained through the use of the application 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 including; its applications, Network Sites, Network Partners, suppliers, resellers and their respective affiliates arising from, relating to, or in connection with this TOS or the services exceed the greater of:
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.
