1 - YOUR ACCEPTANCE OF THIS AGREEMENT:
This is an agreement between you ("you" or "your") and Hindustan Yellow Pages with its registered
office at A-111, Supath-II, Nr, Juna vadaj bus stop, Ashram road, Ahmedabad Hello
India ("Hindustan Yellow Pages" "we," or "our") that governs your use of the search services
offered by Hindustan Yellow Pages through its website www. HindustanYellowPages.in ("Website"), telephone
search, SMS, WAP or any other medium using which Hindustan Yellow Pages may provide the search
services (collectively "Media" ). When you access or use any of the Media you agree
to be bound by these Terms and Conditions ("Terms").
2 - HOW YOU MAY USE OUR MATERIALS:
A diverse range of information, text, photographs, designs, graphics, images, sound
and video recordings, animation, content, advertisement and other materials and
effects (collectively "Materials") is being used by us for the search services on
the Media. Such materials provided through media are strictly FOR YOUR PERSONAL
AND NON-COMMERCIAL USE ONLY.
While every attempt has been made to ascertain the authenticity of the Media content,
Hindustan Yellow Pages is not liable for any kind of damages, losses or action arising directly
or indirectly, due to access and/or use of the content in the Media including but
not limited to decisions based on the content in the Media which results in any
loss of data, revenue, profits, property, infection by viruses etc.
Accordingly, you may view, use, copy, and distribute the Materials found on the
Media for internal, non-commercial, informational purposes only. You are prohibited
from data mining, scraping, crawling, or using any process or processes that send
automated queries to Hindustan Yellow Pages.. You may not use the Media or any of them to compile
a collection of listings, including a competing listing product or service.
Except for the authorization given in the above mentioned paragraph no license under
any copy right trademark patent or other intellectual property right in the martial
or products or services or processes or technology used for the same is granted
to you.
3 - HOW WE MAY USE INFORMATION YOU PROVIDE TO US:
Do not send us any confidential or proprietary information. Except for any personally
identifiable information that we agree to keep confidential as provided in our Privacy
Policy, any material, including, but not limited to any feedback, data, answers,
questions, comments, suggestions, ideas or the like, which you send to us will be
treated as being non-confidential and nonproprietary. We assume no obligation to
protect confidential or proprietary information (other than personally identifiable
information) from disclosure and will be free to reproduce, use, and distribute
the information to others without restriction. We will also be free to use any ideas,
concepts, know-how or techniques contained in information that you send us for any
purpose whatsoever including but not limited to developing, manufacturing and marketing
products and services incorporating such information.
4 - HOW YOU MAY USE OUR MARKS:
The Hindustan Yellow Pages company names and logos and all related products and service names,
design marks and slogans are trademarks and service marks owned by and used under
license from Hindustan Yellow Pages or its wholly-owned subsidiaries. All other trademarks
and service marks herein are the property of their respective owners. All copies
that you make of the Materials on any of the Media must bear any copyright, trademark
or other proprietary notice located on the respective Media that pertains to the
material being copied. You are not authorized to use any Hindustan Yellow Pages name or mark
in any advertising, publicity or in any other commercial manner without the prior
written consent of Hindustan Yellow Pages. Requests for authorization should be made to [email protected].
5 - CHANGES:
We may periodically change the Terms and the Site without notice, and you are responsible
for checking these Terms periodically for revisions. All amended Terms become effective
upon our posting to the Site, and any use of the site after such revisions have
been posted signifies your consent to the changes.
PRIVACY POLICY:
Hindustan Yellow Pages is committed to protecting the privacy and confidentiality of any personal
information that it may request and receive from its clients, business partners
and other users of the Website. To read our privacy policy statement regarding such
personal information please refer PRIVACY POLICY CONTENT DISCLAIMER:
Hindustan Yellow Pages communicates information provided and created by advertisers, content
partners, software developers, publishers, marketing agents, employees, users, resellers
and other third parties. While every attempt has been made to ascertain the authenticity
of the content on the Media Hindustan Yellow Pages has no control over the accuracy of such
information on our pages, and material on the Media at may include technical inaccuracies
or typographical errors, and we make no guarantees, nor can we be responsible for
any such information, including its authenticity, currency, content, quality, copyright
compliance or legality, or any resulting loss or damage. Further, we are not liable
for any kind of damages, losses or action arising directly or indirectly, due to
access and/or use of the content on the Media or any of them including but not limited
to content based decisions resulting in loss of data, revenue, profits, property,
and infection by viruses etc. All of the data on products and promotions including
but not limited to, the prices and the availability of any product or service or
any feature thereof, is subject to change without notice by the party providing
the product or promotion. You should use discretion while using the Media. Hello
India reserves the right, in its sole discretion and without any obligation, to
make improvements to, or correct any error or omissions in, any portion of the Media.
Where appropriate, we will endeavor to update information listed on the Website
on a timely basis, but shall not be liable for any inaccuracies. Hindustan Yellow Pages reserves
all rights, title and interest including trademarks and copyrights in respect of
the domain name and Media content hosted on the Media. Users are permitted to read,
print or download text, data and/or graphics from the Website or any other Media
for their personal use only. Unauthorized access, reproduction, redistribution,
transmission and/or dealing with any information contained in the Media in any other
manner, either in whole or in part, are strictly prohibited, failing which strict
legal action will be initiated against such users. Links to extranet/Internet sites
may be provided with the content on Website or other Media as a convenience to users.
The listing of an external site does not imply endorsement of the site by Hello
India or its affiliates. Hindustan Yellow Pages does not make any representations regarding
the availability and performance of its Media or any of the external websites to
which we provide links. When you click on advertiser banners, sponsor links, or
other external links from the Website or other Media, your browser automatically
may direct you to a new browser window that is not hosted or controlled by Hello
India. Hindustan Yellow Pages and its affiliates are not responsible for the content, functionality,
authenticity or technological safety of these external sites. We reserve the right
to disable links to or from third-party sites to any of our Media, although we are
under no obligation to do so. This right to disable links includes links to or from
advertisers, sponsors, and content partners that may use our Marks as part of a
co-branding relationship. Some external links may produce information that some
people find objectionable, inappropriate, or offensive. For which we do not responsible.
We do not fully screen or investigate business listing websites before or after
including them in directory listings that become part of the Materials on our Media,
and we make no representation and assume no responsibility concerning the content
that third parties submit to become listed in any of these directories. All those
sections in the Media that invite reader participation will contain views, opinion,
suggestion, comments and other information provided by the general public, and Hello
India will at no point of time be responsible for the accuracy or correctness of
such information. Hindustan Yellow Pages reserves the absolute right to accept/reject information
from readers and/or advertisements from advertisers and impose/relax Media access
rules and regulations for any user(s). Any right to impose/ change the access regulation
of the media , whether in terms of access fee, timings, equipment, access restrictions
or otherwise is reserved by Hindustan Yellow Pages such changes shall be posted from time to
time under these terms & conditions. It is the responsibility of users to refer
to these terms and conditions each time they use the Media.
WARRANTY DISCLAIMER:
Please remember that any provider of goods or services is entitled to register with
Hindustan Yellow Pages. Hindustan Yellow Pages does not examine whether the advertisers are good, reputable
or quality sellers of goods / service providers. All relevant aspects prior to availing
of the terms of service. Must be satisfied by you since Hindustan Yellow Pages has not negotiated
and discussed any terms of engagement with any of the advertises, the same should
be done by you. Purchasing of goods or availing of services from advertisers shall
be at your own risk. We do not investigate, represent or endorse the accuracy, legality,
legitimacy, validity or reliability of any products, services, deals, coupons or
other promotions or materials, including advice, ratings, and recommendations contained
on, distributed through, or linked, downloaded or accessed from the Media. References
that we make to any names, marks, products or services of third parties or hypertext
links to third party sites or information do not constitute or imply our endorsement,
sponsorship or recommendation of the third party, of the quality of any product
or service, advice, information or other materials displayed, purchased, or obtained
by you as a result of an advertisement or any other information or offer in or in
connection with the Media. Any use of the Media, reliance upon any Materials, and
any use of the Internet generally shall be at your sole risk. Hindustan Yellow Pages disclaims
any and all responsibility or liability for the accuracy, content, completeness,
legality, reliability, or operability or availability of information or material
displayed in the search results in the Media. THE MATERIAL AND THE MEDIA USED TO
PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. Hindustan Yellow Pages DISCLAIMS, TO THE FULLEST EXTENT PERMITTED
UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY
AND PERFORMANCE OF THE MEDIA AND MATERIALS. Hindustan Yellow Pages DOES NOT WARRANT THAT ANY
DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. Hindustan Yellow Pages DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST
EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES,
OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH
THE MEDIA SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION. DISCLAIMER
for "Hindustan Yellow Pages advertiser’s information"
This is a limited assurance offered by Hindustan Yellow Pages that the name and contact information
of the advertiser and the category in which the advertiser is listed by Hindustan Yellow Pages,
have been verified as existing and correct at the time of the advertiser's application
to register with Hindustan Yellow Pages. Hindustan Yellow Pages makes no representations or warranties,
whether express or implied, including but not limited to warranties of the continued
existence and/or operations of the advertiser, or the quality, quantity, merchantability
or fitness for use of the goods or services offered by the advertiser.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL Hindustan Yellow Pages BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE,
MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL,
PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS,
REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY
INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF JUSTDIAL ARE
AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF
OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA, THE
MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE
UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDIA. HELLO
INDIA DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE
MEDIA OR OTHER MATERIAL ACCESSIBLE FROM THE MEDIA. THE USER OF THE MEDIA ASSUMES
ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA AND THE INTERNET GENERALLY.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE
LAW. BUT SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL
USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY
LAW.
THIRD PARTY SITES:
Your correspondence or business dealing with or participation in the sales promotions
of advertisers or service providers found on or through the Media, including payment
and delivery of related goods or services, and any other terms, conditions, and
warranties or representations associated with such dealings, are solely between
you and such advertisers or service providers. You assume all risks arising out
of or resulting from your transaction of business over the Internet, and you agree
that we are not responsible or liable for any loss or result of the presence of
information about or links to such advertisers or service providers on the Media.
You acknowledge and agree that your use of these linked sites is subject to different
terms of use than these Terms, and may be subject to different privacy practices
than those set forth in the Privacy Policy governing the use of the Media. You acknowledge
and agree that we are not responsible or liable for the availability, accuracy,
authenticity, copyright compliance, legality, decency or any other aspect of the
content, advertising, products, services, or other materials on or available from
such sites or resources. No responsibilities are the cast as on us for the local
licensing requirements that may be applicable to businesses listed on the Media.
MONITORING OF MATERIALS TRANSMITTED BY YOU:
Changes may be periodically incorporated into the Media. Hindustan Yellow Pages may make improvements
and/or changes in the products, services and/or programs described in these Media
and the Materials at any time without notice. We are under no obligation to monitor
the material residing on or transmitted to the Media . However, anyone using the
Media agrees that Hindustan Yellow Pages may monitor the Media contents periodically to (1)
comply with any necessary laws, regulations or other governmental requests; (2)
to operate the Media properly or to protect itself and its users. Hindustan Yellow Pages reserves
the right to modify, reject or eliminate any material residing on or transmitted
to its Media that it, in its sole discretion, believes is unacceptable or in violation
of the law or these Terms and Conditions.
DELETIONS FROM SERVICE:
Hindustan Yellow Pages will delete any materials at the request of the user who submitted the
materials or at the request of an advertiser who has decided to "opt-out" of the
addition of materials to its advertising, including, but not limited to ratings
and reviews provided by third parties. Hindustan Yellow Pages reserves the right to delete
(or to refuse to post to public forums) any materials it deems detrimental to the
system or is, or in the opinion of Hindustan Yellow Pages, may be, defamatory, infringing or
violate of applicable law. Hindustan Yellow Pages reserves the right to exclude Material from
the Media. Materials submitted to Hindustan Yellow Pages for publication on the Media may be
edited for length, clarity and/or consistency with Hindustan Yellow Pages’s editorial standards.
INDEMNIFICATION:
You agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers,
directors, agents, and employees, (as applicable) harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your breach of these Terms, your violation of any law, or your violation
of the rights of a third party, including the infringement by you of any intellectual
property or other right of any person or entity. These obligations will survive
any termination of the Terms.
MISCELLANEOUS:
These Terms will be governed by and construed in accordance with the Indian laws,
without giving effect to its conflict of laws/provisions of your actual state or
country of residence, and you agree to submit to personal jurisdiction in India.
You agree to exclude, in its entirety, the application to these Terms of the United
Nations Convention on Contracts for the International Sale of Goods. You are responsible
for compliance with applicable laws. If for any reason a court of competent jurisdiction
finds any provision or portion of the Terms to be unenforceable, the remainder of
the Terms will continue in full force and effect. These Terms constitute the entire
agreement between us and it supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding the subject matter of these
Terms. Any waiver of any provision of the Terms will be effective only if in writing
and signed by you and Hindustan Yellow Pages. Hindustan Yellow Pages reserves the right to investigate
complaints or reported violations of these Terms and to take any action we deem
necessary and appropriate. Such action may include reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third parties. In addition,
we may take action to disclose any information necessary or appropriate to such
persons or entities relating to user profiles, e-mail addresses, usage history,
posted materials, IP addresses and traffic information. Hindustan Yellow Pages reserves the
right to seek all remedies available at law and in equity for violations of these
Terms. Notices:
All of our notices, demands and other communications must be in writing and will
be deemed to have been given
(1) If mailed by certified mail, postage prepaid
(2) If delivered by overnight courier
(3) If sent by facsimile transmission and such transmission is confirmed as received,
or
(4) if sent by electronic mail, and such message is confirmed as received, in each
case to the address, fax number or e-mail address specified on the Order for the
recipient of such notice. All of your notices, demands and other communications
must be in writing and will be deemed to have been given
(5) If mailed by certified mail, postage prepaid or if delivered by overnight courier,
to our address:
A-111, Supath-II, Nr, Juna vadaj bus stop, Ashram road, Ahmedabad Force Majeure.
In no event shall we or any Distribution Site have liability or be deemed to be
in breach hereof for any failure or delay of performance resulting from any governmental
action, fire, flood, insurrection, earthquake, power failure, network failure, riot,
explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or
material shortage, transportation interruption of any kind or work slowdown or any
other condition not reasonably within our control. Your payment obligations shall
continue during any event of force majeure.
Indemnification. You agree to indemnify us and the Distribution Sites and hold us
and the Distribution Site harmless from and with respect to any claims, actions,
liabilities, losses, expenses, damages and costs including, actual attorneys' fees
that may at any time be incurred by us or them arising out of or in connection with
these Terms or any Advertising Products or services you request, including, without
limitation, any claims, suits or proceedings for defamation or libel, violation
of right of privacy or publicity, criminal investigations, infringement of intellectual
property, false or deceptive advertising or sales practices and any virus, contaminating
or destructive features.
Telephone Conversations. All telephone conversations between you and us about your
advertising may be recorded and you hereby consent to such monitoring and recordation.
Arbitration: Any disputes and differences whatsoever arising in connection with
these Terms shall be settled by Arbitration in accordance with the Arbitration and
Conciliation Act, 1996. a) All proceedings shall be conducted in English/Hindi or
Gujarati language. b) Unless the Parties agree on a sole arbitrator there shall
be three Arbitrators, one to be selected by each of the parties, and the third to
be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration
shall be in Ahmedabad, India.