Cayman Islands

YABSTA (BVI) LIMITED – TERMS OF USE

Introduction
About this Site and its Terms
Registration, Set up of Account, Charges and Account Security
Service Interruption
Copyright, Trademarks and other Intellectual Property Rights
Links to Our Site
Links to Third Party Sites
Viruses
Accuracy and Currency Disclaimer
No Representations or Warranties
Limitation of Liability
No Additional Warranty
Extension of Defenses
Indemnity
Acceptable Use
Security Issues
Access to the Site
Applicable Law, Disputes & General Provisions

Print Directory Terms & Conditions

1. INTRODUCTION

Welcome to the Yabsta website at [www.yabsta.com] (the “Site”) which is provided to you by Yabsta (BVI) Limited (“Yabsta”, “we”, “our” or “us”). This Site offers a variety of resources, services and information, some or all of which may be accessed through a variety of means. In consideration for the use of our Site, you agree to the following terms and conditions of use ("Terms of Use") which sets out the basis on which we will provide to you access to this Site.  The term "you" or "your" includes any of your subsidiaries, affiliates, employees and parent or legal guardian.

2. ABOUT THIS SITE AND THESE TERMS

We provide the public Site for information purposes only. Goods and services offered by our affiliates through the Site may or may not be available outside of your jurisdiction. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use or content, at any time, without notice. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Changes take effect when posted to the Site.

BY USING AND/OR VISITING THE SITE (including all content available through the Yabsta.com domain name, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE, PRIVACY POLICY AND INTERNET ABUSE POLICY WHICH IS PUBLISHED AT http://www.yabsta.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

3. REGISTRATION, SET UP OF ACCOUNT AND ACCOUNT SECURITY

To obtain access to certain secure services on this Site, you may be given an opportunity to register. Should you register on this Site, you agree that you are at least 18 years of age and that the information you supply during the registration process is accurate and current information about yourself and that you will maintain the accuracy should the information provided change. You agree that you will not register under the name of nor attempt to enter the service under the name of another individual or entity. You understand and agree to provide consent so that we may access, archive, and disclose your registration information if required by law or in good faith belief that the disclosure is reasonably necessary to enforce the Terms of Use, to comply with a legal process, to respond that information violates third party-rights, or to protect the rights, property, or personal safety of this Site’s users and the public.

3.1 Access to your account on our secure site
If you wish to use any part of our services located on our secure Site (“Services”), you must first set up an account by registering with us. You must provide us with accurate, complete and up-to-date registration information. The registration information needed to allow you access to our secure Site to activate the Services includes the following:
a. A “Username” which is a confidential word or number or a combination of words and numbers created by you at time of registration to be used by you as a code to confirm your identity when accessing the Services.
b. A “Password” which is a confidential word or number or a combination of words and numbers used as a code to confirm your identity when accessing the Services. This code must be between [     ] & [     ] characters in length, contain at least [   ] number & may not contain any symbols or spaces. [This description of the password be confirmed by IT].
c. A valid credit/debit number from a card issuer that we accept (“Card”).
d. Any other information that we may request from time to time.
We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You are responsible for preserving the privacy and confidentiality of this password and assume responsibility for the use of the services and all activities that occur under your login. You agree to immediately notify us of any known or suspected unauthorized use on your account.

3.2 Once you have successfully registered, your account will be established and you will be able to access your account in order to access our secure Services. Your Username and Password must be used and changed in accordance with our requirements from time to time. We are entitled to rely on instructions received under your Username and Password so long as they remain valid. You agree and acknowledge that it is your responsibility to keep your Username and Password confidential at all times. If your Username and Password have, or you believe that they have, been stolen or liable for any other reason to be misused, you shall, as soon as possible, give notice to us. Until such time as such notice has been given to and accepted by us, you will remain liable for any and all transactions, including any resulting losses, made using your account. You may access your account to make a secure payment using the debit/credit card that we have on file for you, view your current balance, view your account summary, and view your services provided to you by us and account histories, and such other actions as may be permitted by us from time to time. To access your account you must have a valid Username and Password and such hardware and software as may be required. You also agree to provide such information as is required by us from time to time to provide the Services.

3.3 Fees and Charges; Changes; Late payment fees
a. You agree to pay, within 30 days from the date of the invoice (“Payment Due Date”), the following:
(i) One time set-up fee in accordance with the Services selected at registration (if any);
(ii) a monthly charge in accordance with our rates for the Services selected at registration.
b. Charges for the Services shall be invoiced in advance.
c. If applicable, monthly invoices may be sent to you at the e-mail address designated by you on the Service signup form. It is your responsibility to keep us up to date with your most current contact information.
d. You shall be responsible for all charges incurred on and billed to your account, whether with or without your knowledge and consent, therefore you are advised to take all such steps necessary to safeguard access to the Services to prevent unauthorized use.
e. Should you dispute any amount set forth in the invoice, you shall be required to send written notice to us within 10 days of the date of the invoice; otherwise, the invoice will be deemed accepted by you as correct and you will waive your right to dispute that invoice. In the event of a dispute, we will investigate the matter and notify you of our findings, which shall be conclusive. Should you wish to dispute the invoice after 10 days, we may charge a reasonable fee for carrying out such an investigation. If, following such an investigation, we find that your account was in fact incorrect, that fee will be returned to you.
f. You hereby authorize us to charge and place a hold on your Card with respect to any unpaid charges for Service or any related equipment (if applicable). You authorize the issuer of the Card to pay any and all amounts described herein without requiring a signed receipt. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your Card, until such amounts are paid in full. You agree to provide us with updated Card information upon our request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither us nor any of our affiliated company’s will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on your Card.
g. When payment is made by your Card, payment will also be subject to the terms and conditions established by your Card issuer. Invoices not paid within 30 days of the Payment Due Date shall be subject to a late payment charge of US$5. Further, a processing fee of US$25.00 shall be charged to your account if your payment is rejected for any reason.
h. Late Payment & Failure to Pay. In the event that you have not made a payment to us within 30 days past the Payment Due Date, you shall pay to us a late payment charge and/or an interest charge of 1.5% monthly, or the highest amount allowed by law, on all charges due and unpaid. Our acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of our rights to collect the full amount due. We may suspend or terminate your Service if your payment is past due. If we suspend your service for non-payment, you must pay all past due amounts in order to have service restored, and you may also, at our sole discretion, be required to pay a service restoral fee. In the event you fail to pay us or we are unable to bill charges to your credit/debit card, we may assign unpaid late balances to a collection agency. In the event legal action is required to recover unpaid amounts, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys fees and other legal and/or professional expenses.

3.4 We may at any time

and without notice, withdraw, suspend or amend the Services in part or in its entirety, or restrict or prevent you from accessing the Services, if we have reasonable grounds for doing so. Your continued use of the Services will be considered acceptance of any change or amendment of any part or all of the Services. In particular, but without limitation to the foregoing, we in our sole discretion may terminate or suspend a part or all of the Services in the event of any apparent security breach or misuse.

3.5 The privacy of your personal information

is a serious concern of ours and we respect the privacy of visitors to our Site and all registration information and use thereof shall be reasonably safeguarded and the use thereof shall be governed by our privacy policy (“Policy”). The Policy governs the use and collection of information from you by us through your use of this Site. The Policy does not apply to any information you may provide to us through other means. Please read the Policy carefully so that you understand our online privacy practices. By visiting this Site, you agree that your visit, and any dispute over our online privacy practices, is governed by this Terms of Use and our Policy.

3.6 Your Account Security
We endeavour to maintain a high level of internet security. To maintain your own high level of security we recommend:
a. if you have set up your registration for the Services on a computer that is not your own, you change your Password the first time that you log in independently;
b. you ensure that both your Username and Password are kept secure at all times;
c. in choosing a Password you take care to ensure that it is one that is not likely to be anticipated by anyone attempting to access the Service pretending to be you;
d. you do not disclose your Username or Password to anyone, and do not allow anybody to access your account;
e. you do not record your Username or Password in any form that identifies it as being a password to access our Services;
f. you contact us immediately upon discovering or suspecting that your Username or Password is being used by or is known by any other person;
g. you take care to ensure that nobody can see, copy or access information, or obtain your Username and/or Password when you are using the Service;
h. you do not, whilst accessing our Services, leave your computer or any similar device used for accessing the Services unattended; and
i. prior to accessing our Services from any computer connected to a local area network or LAN you take steps to ensure that no other person will be able to see, copy or access information and/or obtain your Username and/or Password.

3.7 When using the Services, you agree:

a. to change your Username and Password immediately if we request that you do so.
b. to take all reasonable steps to ensure that the computer or any similar device that you are accessing the Services from is free from computer viruses. You should take precautions, including scanning for viruses and having a complete and current back up of files on your computer system.
c. to take reasonable measures to ensure that the computer or other device you are using is itself adequately protected against the receipt of computer viruses.
d. that our records with respect to all transactions made on your account will be deemed to be conclusive proof of the correct authenticity of those records and may be relied upon by us.

4. SERVICE INTERRUPTION

We reserve the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You hereby acknowledge that interruptions in our Services and your access to your account, may occur and that we shall have no liability whatsoever with respect to any such interruption. You acknowledge and agree that transmission instructions using the Services may vary in its reliability, and that provided we take reasonable steps to prevent a compromise or breach of security procedures, we will not be liable for any compromise or breach in security procedures or for any loss that you may suffer arising from any failure whether such a failure arises with us, an internet service provider or another party.

5. COPYRIGHT, TRADEMARKS & OTHER INTELLECTUAL PROPERTY RIGHTS

Content" includes what you may see, read, hear, upload, download or access on or from the Site in any form (including HTML and Java code). All Content is protected by copyright and/or other intellectual property laws under Bermuda and foreign laws. Certain names, words, brands or devices on the Site may be the exclusive trademarks of Yabsta in Bermuda or of their respective owners, protected at common law or registered in Bermuda or other countries. The symbols ™ and ® designate Bermudian unregistered and registered trade mark status respectively. Using the Site will not give you a license to exercise any intellectual property rights, unless expressly stated.

You may display, copy, print and download any Content from the Site for your personal, non-public and non-commercial use only, provided you do not, directly or indirectly:

a. change or delete any copyright or proprietary notices from the Content;

b. adapt, alter, translate, reproduce, store, perform, show, play, broadcast, publish, repost, transmit, distribute or otherwise use Content from the Site without written consent from Yabsta or the relevant owner;

c. decompile, reverse engineer or create derivative works from any downloadable software;  d. transfer the Content to another person or web site or computer network, including any personal web site or network; and pass off or otherwise infringe the intellectual property rights of Yabsta or others; and use any trade mark displayed on the Site without the written consent of Yabsta or the relevant owner.

Parts of the Site may contain other proprietary notices and copyright information, which must be observed and complied with. We do not claim ownership to your posting or submission to the Site for posting of your Content on the site. However, for this information that is publicly displayed on the Site, you grant Yabsta a world-wide, royalty free, non-exclusive, irrevocable, perpetual license to use, modify, distribute, reproduce, publish, and publicly display such information in whole or in part, and to incorporate said information into other works on current or future formats and mediums. This license shall exist until the removal of the Content from the Site by either party.

6. LINKS TO OUR SITE

If you use a hypertext reference (HREF) link to our Site, you do so at your sole risk and you agree to link to our home page only and not to frame our Site. Your link to us or any comment, material or services associated with the link must not: infringe our intellectual property rights; defame or disparage us, our services or goods; diminish our goodwill; be false, misleading, obscene or unlawful; negatively affect us; or imply that we endorse your web site, services or goods. If you wish to link our Site from your web site, please provide us the exact URL address of the web site page where the link is to appear, the legal name of the owner and operator of the web site, and your name and e-mail address. We may remove the link without notice to you or require you to remove the link and reference to our Site at any time. You must not use a deep link or an image (IMG) link, or use the Yabsta logo or any of our trademarks as a "hot" link, to our home page or any other part of the Site, without entering a written linking agreement with us. For notices and queries about links, please Contact Us at link@yahoo.com .

7. LINKS TO THIRD PARTY WEB SITES

The Site may contain informational or advertising links or references to external web sites that are owned, operated, developed and controlled by others and not by us. We do not endorse or authorize access to those external web sites or any content, services and goods on or through them. You use those links at your own risk and are urged to review their legal and privacy notices, terms and conditions. We will not be responsible for or liable to you for any losses or damages resulting from your use of links to or from external web sites or from any dealings you have with such third parties.

8. VIRUSES

We cannot and do not represent or warrant that Content available for use or downloading through the Site will be free of viruses, worms, Trojan horses, or other code with contaminating or destructive properties. You should take precautions, including scanning for viruses and having a complete and current back up of files on your computer system.

9. ACCURACY AND CURRENCY DISCLAIMER

You use the Site, including the Content available on and from it, at your sole risk. Although we try to ensure the accuracy and currency of the Content we post on the Site, we do not represent or warrant that the Content on the Site is accurate, complete or up-to-date, or free of technical or typographical errors. We are not under any obligation, and to the fullest extent permitted by law, expressly disclaims any obligation, to update or alter any Content on the Site, whether as a result of new information, future events or otherwise.   The Content may contain forward-looking statements, which speak only as of the date they were made. Words such as "anticipate," "estimate," "expects," "projects," "intends," "plans," "believes," "will" and words and terms of similar substance indicate forward-looking statements. All forward-looking statements are management's present expectations of future events and are subject to a number of factors and uncertainties that could cause actual results to differ materially from those described in the forward-looking statements. You are cautioned not to place reliance on the Content, which is not provided as legal or accounting advice. We and our affiliates operate in highly competitive, consumer driven industries and are dependent on a variety of factors including government regulation, customer demand, technological developments, third-party relationships and protection of their intellectual property rights. Our actual results could differ materially from management's expectations because of changes in such factors. Any statements in the Content attributable to us, our affiliates or any person acting on their behalf are expressly qualified in their entirety by the cautionary statements referred to in this section.

10. NO REPRESENTATIONS OR WARRANTIES

WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, COURSE OF DEALING, INTEROPERABILITY, MERCHANTABILITY, SERVICE AVAILABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE STATEMENTS, ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

11. LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR ECONOMIC OR COMMERCIAL LOSS, LOSS OF PROFITS OR REVENUE OR EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS, ALTERATION OR CORRUPTION OF DATA OF YOUR TRANSMISSIONS OR PROGRAMS THROUGH DOWNLOADING CONTENT OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, LOSS OF USE, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE OR ANY LINKED OR REFERENCED WEB SITE, OR ANY ERRORS OR OMISSIONS OR OTHER DEFECTS IN THE CONTENT, IN CONTRACT, TORT, STATUTE OR OTHER THEORY OF LIABILITY, EVEN IF WE KNOW OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. NO ADDITIONAL WARRANTY

Nothing on the Site shall add to or change any contract for services or goods you may have with Yabsta or its affiliates, which are subject to the terms of applicable agreements. Nothing on the Site shall be construed as a further or additional representation or warranty.

13. EXTENSION OF DEFENCES

Every right, including right to be indemnified, exemption from liability and defence of whatsoever nature applicable to Yabsta or to which Yabsta is entitled hereunder extends to and for the benefit of the directors, officers, employees, agents, shareholders, affiliates, suppliers (including any party involved in creating, producing or delivering the Site or the Content), successors and assigns of Yabsta.

14. INDEMNITY

You agree that you are personally responsible for your behavior and actions on the Site and for your use of the Content. You agree to defend, indemnify and hold us harmless from any and all losses, claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) related to or associated with your use of the Site or someone using your internet account and password use or your or such user's violation of these Terms of Use.

15. ACCEPTABLE USE

You understand and agree that you are solely responsible for your own Content, data, graphics, messages transmitted, or other materials and/or services used on this Site. You are entirely responsible for all information whether publicly posted or privately transmitted using our services and assume all responsibility for any consequences thereof related to your actions using our services. We do not control the information posted or transmitted by users of our services and thus cannot guarantee the quality or accuracy of such information. You understand and agree that by using the service you may be exposed to objectionable or indecent information. We under no circumstances assumes any responsibility or will be liable in any way for any information that was posted or transmitted by third parties. You agree to use this Site only to post materials that are legal, proper, somehow related to the purposes of this portal. By way of example, and not as a limitation, you agree that when using this Site, you will not: Harm children is any way; Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, post, upload, make available, distribute or disseminate or offer to do the same (hereinafter "Post") any vulgar, hateful, malicious, racially or ethnically slanderous, harmful, inappropriate, defamatory, infringing, abusive, libelous, threatening, obscene, false, or unlawful material or information; Post any material that infringes any patent, trademark, copyright, trade secret, intellectual property or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material; Post any material that contain viruses, corrupted files, or any other similar software or programs that may damage, interrupt, or functionally limit the operation of another's computer software, hardware or telecommunications equipment; Post or transmit spam, "chain letters," "junk mail," promotional materials or any form of solicitation, advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Site intended for such uses; Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted or transmitted; Restrict or inhibit any other user from using and enjoying the use of the site and its services; Collect or store personal data about other users; Hack into any part of the Site, operate computer programs of any sort that willfully extract copyrighted information for illegal purposes, or jeopardize the performance / disrupt / interfere with the delivery of the services, servers, or network infrastructure; Encourage, glorify or commit conduct which is likely to give rise to criminal or civil liability; Provide material support or resources to any organization designated as a foreign terrorist organization in any manner whatsoever; and Engage in conduct that is in contempt of any legal proceedings.

You must also not use the Site:
in a manner or for a purpose prohibited by law (including without limitation, to send or communicate messages or to conduct activities in contravention of the Telecommunications Act 1986, the Obscene Publications Act 1973, the Criminal Code Act 1907, the Proceeds of Crime Act 1997, the Human Rights Act 1981, or the Tenth Schedule to the Companies Act 1981, as amended from time to time; or to send or communicate bulk, unsolicited Electronic Records (as defined in the Electronic Transactions Act 1999, as amended) to persons with whom or which you have no relationship (either contractual or personal) or to persons that have not otherwise consented to receive such Electronic Records to access, or enable others to access, parts of the Site or Content to which you are not authorized to access, including the personal information of other users of the Site.

You agree that we may, given certain circumstances and without prior notification terminate all your privileges. Cause for termination shall include, but not be limited to: Violations of these Terms of Use and/or the Privacy Policy; User-initiated request; Extended periods of account inactivity; Repetitive returned emails from a therefore assumed inactive account; Unforeseeable technical difficulties or issues; Law enforcement requests.

Registered users of the Site agree to maintain an active email account to receive communications from us regarding Site updates, administrative messages, other registered user related messages, and Site announcements.

16. SECURITY ISSUES

Please note that communications sent over the internet, particularly unencrypted e-mails, are subject to possible interception, loss, change or forging.   We will not be responsible for any damages you may suffer from the transmission of confidential information that you make to us or any third party, or request us or any third party to make to you through the Site. We are not responsible for any errors or changes made to, or loss or interception of, any transmitted information. Such transmission is at your own risk.

17. ACCESS TO THE SITE

Access to the Content may not be legal by certain persons. If you access the Site outside of your jurisdiction, you are responsible for compliance with the laws of the applicable jurisdiction as well as the local laws where our Services are hosted. We may, without notice, block or terminate your access to the Site or any part of it to protect it, or if required by law, or if we, in our sole discretion, believe you are in breach of these Terms of Use.

18. APPLICABLE LAW & GENERAL PROVISIONS

Any claim arising out of the Content or the use of the Site shall be governed by and construed in accordance with the laws of Bermuda, without giving effect to any principles of conflicts of law. You irrevocably submit to the non-exclusive jurisdiction of the courts of Bermuda. If you use the Site from outside Bermuda, you do so at your own risk and you alone are responsible for complying with applicable local laws. Our failure to insist upon or enforce strict performance of any provision in these Terms of Use shall not be construed as a waiver of such provision or any right. If any of the provisions of these Terms of Use or any additional terms and conditions applicable to certain parts of the Site are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Yabsta and supersede all prior agreements relating to the subject matter hereof. In the event that there is a conflict between these Terms of Use and any other terms and conditions applicable to certain parts of the Site, the terms and conditions applicable to certain parts of the Site shall prevail.

If you have any questions regarding these Terms of Use or this site please Contact Us at questionyabsta@yahoo.com

We follow the "Standard for Electronic Transactions" appointed by the Minister under Bermuda's Electronic Transactions Act 1999. This privacy policy ("Policy") outlines the type of information that is collected by us on this Site, and how it is used and protected. This Policy also tells you what to do if you do not want Personal Information collected when visiting the Site.  "Personal Information" means personally identifiable information such as (but not limited to) your name, credit and/or debit card information, mailing address, telephone number, facsimile number and email address. We take reasonable precautions to keep all Personal Information secure.   By using and/or visiting the Site (including all Content available through our Site), you agree with the terms of this Policy. If you do not agree with any term in this Policy, you should not provide any Personal Information on the Site. Links to third party web sites are not governed by our Policy. Use of Personal Information

When you provide us with Personal Information, you are authorizing us to use that information in accordance with the terms of this Policy and other applicable terms of our Site.  If we obtain Personal Information from a third party, such as a business partner, our use of that information is also governed by this Policy. We may share your Personal Information with companies that are affiliated with us, provided you have given us permission. We may also provide your Personal Information to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your Personal Information.

We may aggregate Personal Information and use it anonymously. Anonymous click stream, number of page views, calculated web beacons, and aggregated demographic information may also be shared with our advertisers, affiliates and business partners. Except as set out in this Policy, we will not sell or pass any Personal Information to third parties. When you supply Personal Information about yourself to us for a specified purpose, we use that information for that purpose only.  We will not share your credit/debit card information with third parties except those we use to perform tasks required to complete online payment to us or purchases you make through the Site.

Please note that we will release your Personal Information if required to do so by law, or by search warrant, subpoena or court order or in order to fulfill our obligations to you.   Any Personal Information, such as your name or e-mail address, that you provide to us through the Site, will not be shared with third parties other than companies affiliated with us and our service providers unless you specifically authorize it or unless required by law. We may share non-personally identifiable information that we collect through the Site with third parties in order to enhance your online experience.

ACCESS TO PERSONAL INFORMATION

The information you entrust to us is protected on a secure web server and we have made and will continue to make substantial efforts to achieve a well protected environment. However, we - nor any web site operator - can completely guarantee that your information will be immune from unauthorized access. Although your registration and profile information is always confidential, all listing submissions and postings to the public pages of the Site is available for all users to view and is considered public content for general viewing. Therefore, this information is not private or held in confidence and you must comply with the Terms of Use. We specifically disclaim any liability with regard to any actions resulting from your submissions and postings to the public portion of the Site. We urge you to always use caution and discretion when posting any personally identifying information about yourself or your household. The Site may collect other non-Personal Information including IP address, aggregate user data, and browser type. This data is used to manage and improve the Services, track usage, and for security and monitoring purposes.

LINKING & FRAMING

This Site contains links to other sites and is not responsible for content, privacy practices or security measures of such websites. When linking to another site you may still see our Site’s logo or frame, however, you are no longer on the Site and are now on a different website whose information collection practices may differ from ours and therefore, the privacy policy of the site you are on will govern how information collected from you is used.

We may use cookies to collect non-personally identifiable information during your visit to the Site. Non-personally identifiable information that may be collected by us includes details such as which pages people view, which browsers people use when visiting the Site, how many people visit the Site and from which domains people come. None of this information is associated with you as an individual. If you do not wish to receive cookies, your browser can be set to refuse cookies or to alert you when cookies are being sent. Refusal of cookies from the Site may result in your inability to visit certain areas of the Site.

Third-party advertisements and links displayed on the Site may also contain cookies set by internet advertising companies or advertisers. The Site does not control these cookies and users of the Services should check the privacy policy of the internet advertising company or advertiser to see whether and how it uses cookies. We reserve the right to update or remove this Policy at any time. Your continued use of this Site shall be your acceptance of any changes that we make to the Policy. You should check back frequently to note any recent changes to the Policy.

If you have any questions regarding this Policy or this Site please Contact Us at questionyabsta@yahoo.com

19. TRADE MARKS & INTELLECTUAL PROPERTY

Print Directory Terms and Conditions

Bermuda Yellow Pages Limited Terms and Conditions of Business

1. Our Advertising Services

Our Terms and Conditions of Business (“Terms”) apply when we provide Advertising Services (as defined below). In these terms, we have used "we" or “our” for Bermuda Yellow Pages Limited, "you" for our advertising customer, “Directory” or “Directories” for any printed and electronic compilation of listings and advertisements including but not limited to the Bermuda Telephone Directory®, “Electronic Directory” for the Internet, CD-ROM or other electronic versions of our Directories, “Printed Directory” for the printed versions of our Directories, "Advertising Services" for everything we do in connection with publishing our Directories including but not limited to Buttons, and “Advertising” for advertising you submit to us (whether or not we have assisted in producing or produced the advertising) for publication, “Button” or “Buttons” for any interactive web buttons allowing, but not limited to, redirection, audio, video, on-line shopping, e-mail and push-to-talk toll free call services and “Listing” for any text listing of your name, address and contact details.

2. Listings and Advertising

In consideration of your payment of our fees, we will publish the Listing and/or Advertising once in the annual publication of the Printed Directory that follows your submission of information for the Listing and/or Advertising. We may also, at our sole discretion, publish the Listing and/or Advertising in any other of the Directories in addition to the Printed Directory. In the event that we publish the Listing and/or Advertising in the Electronic Directory, the Listing and/or Advertising shall be published for an initial period of one calendar year from the date it is uploaded into the Internet directory.

3. Ordering Advertising Services

We will require a signed, written order from you (“Advertising Contract Order”) and 50% deposit payment, to be received immediately upon signing the Advertising Contract Order before we will provide any Advertising Services. We will assume the person signing an order has your authority to place the order. We reserve the right not to accept any order. We need to receive your Advertising Contract Order before the publication deadline for our Printed Directory which is 26 March of each year (“Publication Deadline” also known as the “Rate Card Close Date”) but your Advertising Contract Orders for our Electronic Directory can be made at any time.

We may send you a schedule indicating acceptance of your Advertising Contract Order (“Advertising Schedule”). The Advertising Schedule may contain an artwork proof for you to check whether you want any minor adjustments made. You must advise us in writing (so we know the request is authorised) of any requested adjustments within 7 working days after we send you the proof and we will make the adjustments if practicable. Our rights under clause 8 still apply. Any changes to the artwork must reach us by the Publication Deadline. If you do not contact us within the said 7 working days we shall be entitled to assume that the proofs are correct, that you have no changes and you authorize us to publish the artwork as is.

If you provide us with material to reproduce in an advertisement, the quality of the reproduction will always be determined by the quality of the material provided. Generally a copy is inferior to an original, so we recommend that you provide a professionally created original to our specifications. We can help by creating advertising material for you. When we do this, you agree that we will own the copyright in whatever is produced.

4. Our General Rights And Responsibilities

We agree to:

respond promptly to your enquiries;
provide our Advertising Services as set out in the Advertising Schedule we send you;
do our best to keep you informed about the features of our Advertising Services as we introduce or improve them;
provide clear explanations of our charges and billing procedures;
continue to promote our Directories to encourage people to use them.

5. Your General Responsibilities

5.1 So that we can meet our responsibilities, you in turn agree to:

provide all Advertising, listings and any other material we require from you promptly, and always by the last date we nominate;
make sure all Advertising, listings and any other material you provide to us is complete and accurate and meets any other quality or procedural requirements we notify you about from time to time;
comply with the Copyright Act 2004 as amended and all other applicable laws and any relevant Advertising Codes of Practice;
never make inappropriate use of information provided to you by Directory users (e.g. for unauthorized direct marketing) or breach anyone's legal rights (e.g. intellectual property rights, contractual rights or rights to privacy).

5.2 You must compensate us for any loss we suffer, and indemnify us against any liability we incur, resulting from the provision of Advertising Services for you, or you not meeting your legal responsibilities to any of us or to anyone else.

6. Automatic Renewal

The Advertising and/or Listing as ordered by you will continue indefinitely in both our Electronic Directory and Printed Directory (as updated periodically), unless you cancel it in accordance with clause 7 below. Our charge for any Advertising Services in the subsequent years following the initial period may be different at our sole discretion from the previous year's charge and until you cancel your Advertising and/or Listing, we will bill you annually at our then current rate.

7. Canceling Your Advertising Contract Order, Or Our Advertising Services

You may cancel any Advertising Contract Order, or any existing printed Listing and/or Advertising, so long as you do so in writing within 30 days from the date that the specific Advertising Contract Order is signed (“Cancellation Date”). We may charge you for any creative work we have already done at your request up to the date we receive your written notice of cancellation.

Any cancellation notice we receive after the Cancellation Date for a Printed Directory (even if we receive it before the publishing deadline) will not take effect for the next Directory but will take effect for the subsequent Directory.

We will normally send you a new Advertising Contract Order form with your existing details already set out, as a reminder.

You may cancel an existing Electronic Directory listing and/or advertisement by giving us written cancellation notice at any time. We will delete it as soon as is reasonably practicable. Any separate charge for the Electronic Directory listing and/or advertisement will stop from the end of the billing month in which we receive the written cancellation notice.

8. Paying For Our Advertising Services

You must pay our charges for the Advertising Services we provide for you, regardless of whether your business has been sold or closed before we provide them. The charges for our Advertising Services are due and payable within 30 days of the date of our invoice. Charges for Advertising Services provided in any Printed Directory may be billed annually or in periodic installments. Our charges for Advertising Services only provided in any Electronic Directory are calculated and billed monthly. If you have booked your Advertising through an agent you will be liable to us for those advertising charges if the agent does not pay for any reason (even if you have already paid the agent).

If you do not pay our charges by the due date shown on the account:

we reserve the right to remove all of your listings from our Directories without any compensation to you and without in any way affecting your debt to us;
we may charge you interest on the unpaid amount from that date until you pay it at the interest rate 1.5% per month;
if our charges remain unpaid after 60 days of the invoice date we may place your debt in the hands of a debt collection agency; and
you agree to pay for all costs associated with the recovery of any outstanding payments owed to us that are incurred by anyone (including but not limited to legal, agents and/or debt collectors) in exercising any of our rights under these Terms.

9. Long Term Agreements

We may allow you a reduction for Advertising Services we provide for you in consideration of you purchasing those services over a term greater than one year (“Long Term Agreement”). If you cancel any Long Term Agreement with us then the full amount of the Advertising Services without any reduction becomes payable immediately.

10. Our Right To Withhold, Suspend, Restrict Or Terminate Services

We reserve the right to withdraw or terminate any Advertising Services at any time, including but not limited to us withdrawing any of our Directories or redefining the distribution area covered by our Printed Directory. Some types of Advertising Services such as web site banners and headlines are suitable only for our Electronic Directory. We may also withhold, suspend, restrict or terminate any Advertising Services at any time if you do not meet a responsibility of yours under these Terms or we consider your Advertising Contract Order is unauthorised.

We may edit or refuse to publish any Advertising, Listings or any other material at any time if we consider it to be unauthorised, in breach of our advertising policy, misleading, offensive, defamatory, illegal or detrimental to the standing of our Directories in the community. We will try to contact you before doing any of these things but we are under no obligation to do so.

We do not guarantee any particular placement of advertisements on any page in any Directory. We place all advertisements randomly under each classified heading, or as close as possible to the heading you have requested. In the event that an advertisement is placed on a page of any Printed Directory, an anchor listing will be placed beneath your business listing indicating the location of the advertisement.

We do not agree that any service we provide will be continuous or fault-free and we may suspend or restrict any electronic Advertising Services at any time if we think it reasonable or necessary. Normal charges continue to apply during any suspension or restriction.

11. Your Dealings With Other Directory Users

We may include our trade marks and copyright notices in all Directories in which we publish your listings and advertisements. This does not mean we endorse you or your products or services. We are not your agent and are not involved, on behalf of either you or Directory users, in any dealings resulting from use of our Directories. You must communicate and deal with users directly to complete transactions or resolve any problems arising from them. You have sole responsibility for any risks associated with your dealings with users.

12. Accidental Errors

We do not accept responsibility for accidental errors, omissions, misplacements or other irregularities in listings or the Directories’ contents, or for any loss incurred thereby.

13. Resolving Disputes

If you think that we have not met a responsibility we have to you, you must give us notice in writing. You must give us this notice within 60 days after publication (first distribution of the Directory in question to the public) containing your listing and/or advertisement (“Credit Period”). After the expiration of the Credit Period, we will not accept any claim or claim for credit from you.

If we find that we have not met any responsibility we have to you, we will discuss with you the various ways we can help you. We may give you either a credit to your account with us for an amount we think is appropriate in our sole discretion or, at our option, non-monetary assistance. The credit or alternative non-monetary assistance is available only once for mistakes relating to a particular listing or advertisement and its value is limited to a maximum of our charge to you for providing the particular Advertising Services and is in full satisfaction of any claim you may have against us.

If an error should occur in any display advertising in our Printed Directory, we will consider giving you a credit at our discretion, according to the following schedule:

Wrong main telephone number - 100%
Wrong alternate telephone number - 15%
Wrong address - up to 25%
Incorrect spelling of a business name - up to 25%
Incorrect spelling of a word - NONE

No credit is available for any free listing or advertisement as you did not pay for them.

No credit is available for Electronic Directory mistakes, as we can fix those promptly.

If, after discussing the issue with you, we consider that we have met our responsibilities, we will explain in writing why we consider this is so. You must still pay any outstanding charges by the due date.

14. Exclusion of Liability

We have already set out your rights to compensation if we do not meet our responsibilities to you. We now exclude all other liability we may have to you.

SAVE AS EXPRESSLY PROVIDED HEREIN, IN NO CASE WILL WE, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD-PARTIES:

(1) FOR DAMAGES CAUSED BY ANY ONLINE SERVICE, INTERNET OR COMPUTER SYSTEM FAILURE, OR BY ANY TRANSMISSION, ACCESS OR COMMUNICATION PROBLEMS.
(2) FOR THE QUALITY OF YOUR ADVERTISING TO THE EXTENT IT MAY BE AFFECTED BY ANY USER'S OPERATING SYSTEMS, INDEPENDENT DISPLAY MECHANISMS OR ACCESS TO ONLINE SERVICES.
(3) FOR CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO; LOSS OF PROFITS, BUSINESS OPPORTUNITY, REVENUES OR THE COST OF OTHER FORMS OF ADVERTISING IN EXCESS OF AMOUNTS PAID BY YOU FOR THE ADVERTISING SERVICES.
(4) FOR DELAYS, DOWNTIME, ERRORS OR OMISSIONS IN PRODUCTION OR ELECTRONIC PUBLICATION OF ADVERTISING RESULTING FROM AN ACT OF GOD, GOVERNMENTAL ACT, LABOR DISPUTE VENDOR BANKRUPCY OR OTHER ACT OR CIRCUMSTANCE BEYOND OUR REASONABLE CONTROL, OR FOR ANY COMPUTER SYSTEM FAILURES OR UNAUTHORIZED USE OR ACTIONS BY A THIRD PARTY INCLUDING COMPUTER HACKERS
(5) FOR ANYTHING ELSE CAUSED BY OR RESULTING FROM ANYTHING DONE OR NOT DONE OR DELAYED IN BEING DONE, WHETHER OR NOT IT IS CONTEMPLATED OR AUTHORISED BY ANY OTHER AGREEMENT

TO THE MAXIMUM EXTEND PERMITTED BY LAW, ANY EXPRESS WARRANTY AND ANY WARRANTY OR REMEDY WHICH MIGHT ARISE BY IMPLICATION OR OPERATION OF LAW IS HEREBY EXCLUDED AND DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

THIS LIMITATION OF LIABILITY APPLIES WHATEVER YOU ARE CLAIMING FOR INCLUDING BUT NOT LIMITED TO CLAIMS BASED ON CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, LOSS OF PROFITS OR LOSS OF BUSINESS.

15. Information About You And Your Business

You agree that we may collect information about you and your business. The information may be obtained from you and others, or generated from equipment used to provide our services when you and anyone else uses our services. You may decide whether to provide any information we seek from you. However, if you do not provide it, we may not be able to provide Advertising Services for you.
You may ask to see information we hold about you, so long as we can readily retrieve it, and ask for any details that are wrong to be corrected. We may hold the information and share it with other affiliated companies, with our directors, officers, employees, contractors, agents and customers, with collection agencies and with credit reference agencies, so as to provide services or information to you and others, send you bills, recover money you owe and keep you informed of services available to you.
You are responsible for keeping confidential any PIN number or password used by or allocated to you. We may assume that any request or instruction we receive is authorised by you if it is accompanied by suitable verification (for example, your billing account number, PIN number or password).

16. Entire Terms

These Terms supersedes all prior communications, transactions, and understandings, whether oral or written, with respect to the subject matter hereof and constitutes the sole and entire Terms between you and us pertaining to the subject matter hereof. There shall be no covenants, conditions, warranties, representations, terms or provisions, express or implied, relating thereto except as herein set forth.

17. Transfer Of Rights And Responsibilities

You may transfer all (but not part of) your rights and responsibilities under these Terms to someone else so long as we have received the transferee's written acceptance of responsibility and given you our written consent.

18. Each Term Separately Binding

If any part of these Terms or of any other agreement, document or writing given pursuant to or in connection with these Terms shall be invalid or unenforceable under applicable law, said part shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of these Terms or other agreement, document or writing and the parties hereby agree to negotiate in good faith with respect to any such invalid or unenforceable part to render such part valid and enforceable to the fullest extent legally possible.

19. No Waiver

No delay or failure to exercise a right under these Terms prevents the exercise of that or any other right on that or any other occasion. A waiver can only be in writing and applies only to the right and on the occasion specified in the waiver.

20. Survival

The terms and provisions contained in these Terms that by their sense and context are intended to survive the performance thereof by the parties hereto shall so survive the completion of performance and termination of the Bermuda Yellow Pages Advertising Order agreement, including, without limitation, provisions for indemnification and the making of any and all payments due hereunder.

21. Bermuda Law

All our Advertising Services are provided in Bermuda and under Bermuda law. You and we agree that the courts of Bermuda will have exclusive jurisdiction to determine any matter related to these Terms.

22. Sending Notices

We may send notices to you at the last postal address, last fax number or last email address you have given us. You acknowledge that it is your responsibility to inform us of any changes to your contact details. Notices or when advising us of a change to your contact details, should be sent to us as follows:

by mail to:

Bermuda Yellow Pages Limited
Suite 607, 12 Church Street
Hamilton, HM 11

or:
26 Victoria Street
Hamilton HM 11 Bermuda

or by fax to:
+1 441 296 0216

or by email to
gtaylor@bermudayp.com

Both you and we can assume that any notice sent by mail has been delivered 5 days after it is posted. Any notice given by fax or email is delivered when transmission is successfully completed if that is before 5 p.m. on a weekday or, if not, then on the next weekday.

23. Changing Our Terms and Conditions Of Business

Our Terms and Conditions of Business are set out on the back of all printed Advertising Contract Order forms as well as on our web site at www.bermudayp.com . We may change Our Terms and Conditions of Business by changing or removing existing terms or adding new ones, at any time. Any change we make applies from the date one month after we publish it on our web site atwww.bermudayp.com in relation to any printed or electronic Advertising Services you ask us to provide after that date, any electronic Advertising Services we have already agreed to provide by that date and any republication after that date of an existing printed listing or advertisement.

Any other change to our Terms in a particular agreement is effective only if signed by the General Manager of Bermuda Yellow Pages Limited.

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