| 1. |
In these Conditions:
| "Mobile Device" means any portable digital appliance capable of receiving Mobile Services. |
| "Mobile Services" means any of the Yellow Pages (S) Ltd Mobile Services, including without limitation, Text Services and Yell.com Mobile (WAP). |
| "Text Services" means Yellow Pages (S) Ltd's Smart Messaging Service and/or other platforms |
| "Services" means Mobile Services, Text Services and any other services provided by us through or using Mobile Devices. |
| "We" means Yellow Pages (S) Ltd of 1 Lorong 2 Toa Payoh Yellow Pages Building Singapore 319637 and the terms "us" and "our" will be construed accordingly. |
| "You" means the customer and user of a Mobile Service and the term "your" will be construed accordingly. |
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| 2. |
By using any of the Services you are deemed to have fully understood and unconditionally accepted these Terms and Conditions. |
| 3. |
All Services provided by us are on an "as is" and "as available" basis. Use of any information provided by the Services is at your own risk and we do not warrant the accuracy, adequacy or completeness of any information provided by the Services and we expressly disclaim all liability for errors or omissions in the information or service provided. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, is given in conjunction with the use of Services. |
| 4. |
We do not endorse nor are we associated with any particular entitly person or business that may be featured within/by the Services. These Services are provided solely by us and no other party shall be entitled to make any representations concession or otherwise act on our behalf. |
| 5. |
While we will use best endeavors to keep the Services operational, we do not warrant that the Services will be provided uninterrupted, without delay, free from errors or that any identified defect/failure will be corrected; further, no warranty is given that the Services (and its related software/platform) are free from any virus or other malicious, destructive or corrupting code, programme or macro. |
| 6. |
In providing the Services, we rely solely on information submitted by retailers and other service providers who are not related to us in any way. In no event, will we be liable for any actions, claims or complaints whatsoever against the retailers or service provider by you. You are advised that all dealings with such retailers and service providers are at your own sole risk. |
| 7. |
By using the Services, you agree to receive information from us in the manner that you have selected, and acknowledge that charges apply to transmission of such information. You also agree to pay these charges as and when they are levied. |
Use of Text Services
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| 8. |
If you use the Text Services
provided by us, any text information messages sent
to you via SMS and/or other platforms by us will
be charged at our standard rate for the time being
of the Text Service. Such charges will be levied
by your network service provider and you will have
to pay these charges to your network service provider
directly. Please note that once you submit a request
for a chargeable activity you will be charged for
the use of the Text Service. In no event will we
be liable to refund or waive any charges imposed
by your network service provider. |
| 9. |
Use of the Services provided
by us or Mobile Yellow Pages is subject to our standard
charges, which will be levied at appropriate stages
at our discretion.
Additionally, you may be charged by your network
service provider for such use. |
| 10. |
You further acknowledge that you are entitled to use the Services for your own personal use only. Intellectual Property Rights subsist in materials that may be sent to you and accordingly you may not redistribute, broadcast, retransmit, store or make a compilation of such material or otherwise infringe upon these Intellectual Property Rights. |
| 11. |
We do not exclude or restrict liability for death or personal injury resulting from our own negligence nor for losses arising as a result of our own fraudulent activity. Save as aforesaid, our maximum liability shall be limited to a value not exceeding our charges for your use of the Services. We shall in no circumstances be liable in contract tort or otherwise for loss (whether direct or indirect) of profits business or anticipated savings or loss of data or for any indirect or consequential loss whatever. Your statutory rights are not affected by these Conditions of Use. |
| 12. |
These Services are subject to the limitations of the enabling technology on which they are reliant and may be adversely affected by network performance and other operational factors beyond our control, including without limitation, congestion, network coverage, dropped connections, the performance of your Mobile Device and the maintenance of secure network connections. We accept no responsibility if you do not receive or are unable to use the Services for any of these reasons. |
| 13. |
Furthermore, we will not be liable to you in any way for failures, defects or delays in the delivery of Services which are caused by one or more of the following reasons:
| • |
You have provided an incorrect access number for your Mobile Device or other incorrect information before submitting a request for a chargeable activity; |
| • |
Your Mobile Device does not support the applicable Mobile Service or there are any other network issues (including lack of coverage, downtimes or network congestion); |
| • |
In the case of Text Services your message mailbox is full and has no additional capacity to receive text from the Text Service; |
| • |
Your Mobile Device is out of range or for some other reason cannot be contacted; and/or |
| • |
You accidentally erase the Mobile Service we have provided to you. |
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| 14. |
If we believe that there has been a breach of these Conditions by you we reserve the right to immediately and without notice terminate, withdraw, bar or restrict the provision of our Services to you. |
| 15. |
We reserve the right to change these Conditions and our standard charges for the Services at any time in our sole discretion and without prior notice. By continuing to use the Services you will be deemed to have accepted the varied conditions or rates as the case may be. The current version of these Conditions and the current charges from time to time will be posted on www.mobileyellowpages.sg/myp. |
| 16. |
Any personal data you supply to us will only be used and retained by us for the purposes reasonable associated with the provision of the Services to you. Personal data will only be disclosed by us to your network service provider or where disclosure is required by an applicable regulatory or government body or where any of your actions have breached these Conditions of use or where we are required by law to disclose this information. Personal data may be used by us in an aggregated form to monitor and evaluate the Services. Any trademarks, service marks and logo (the "Trade Marks") used and displayed by or in connection with the Services are our registered and unregistered Trade Marks or our licensors. Nothing on this website should be construed as granting any license or right to use any of the Trade Marks displayed, without our written permission. |
| 17. |
This Agreement shall be governed by Singapore law. |