|WEBSITE TERMS AND CONDITIONS
® 2006. BA DIRECTORY OPERATIONS (PVT) LTD. ALL RIGHTS RESERVED.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST IMMEDIATELY LEAVE OR EXIT THE BA WEBSITE AFTER YOU HAVE READ THE CONDITIONS STIPULATED BY BA, AS FURTHER USE OF THE BA WEBSITE SHALL AUTOMATICALLY BIND THE USER TO THESE TERMS AND CONDITIONS.
Preface - Definition and Interpretation
Section 1 - General
Section 2 - Allowed Use and Licence
Section 3 - Intellectual Property Rights
Section 4 - Software and Equipment
Section 5 - Disclosures
Section 6 - Changes and Amendments
Section 7 - Privacy
Section 8 - Hyperlinks
Section 9 - Security
Section 10 - Disclaimer and Limitation of Liability
Section 11 - Removal and Correction of Content
Section 12 - Interception of Communication
Section 13 - E-ntire Agreement
Section 14 - Agreement Conditions
Section 15 - Applicable and Governing Law
Section 16 - Legal Costs
DEFINITIONS AND INTERPRETATION
a) "the BA website" means the BA website, owned and operated by BA Directory Operations (Pvt) Ltd and located at http://www.balanaa.com including any page, part or element thereof (This covers all websites owned and operated by BA);
b) "BA" means BA Directory Operations (Pvt) Ltd, registration number _______________, including its subsidiaries, owners, shareholders and business units;
c) "User" means any person who enters or uses the BA website, not withstanding the fact that such a person only visits the home page of the BA website;
d) References here in to the singular includes the plural and vice versa; and
e) The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.
f) Certain pages, products or services are subject to their own set of terms and conditions and such terms and conditions available on the BA website are deemed to be included as part of these terms and conditions. Such page, product or service terms include, but are not necessarily limited to, the following: Standard terms and Conditions for the Use of BA's Online Yellow Pages and White Pages (Residential) listings; and Terms applicable to The Yellow Pages Book, 10-11-8 The Talking Yellow Pages, Leisure Pages The Travel Guide etc; and Terms applicable to all products sold and maintained by BA.
BA Directory Operations (Pvt) Ltd (BA) is the market leading directional media and publishing company in Pakistan.. BA currently provides world-class directional information services to millions of users within Pakistan. The BA Value Chain in terms of its business processes offers end-to-end directory solutions.
BA has a well-developed professional infrastructure including experienced staff, proprietary tools and publishing software underpinned by sound financial controls and history that enables BA to ensure that all details are considered and services are provided on time and are of a high standard.
BA is the owner and publishers of:-
· The Yellow Pages Book;
· Yellow Pages Internet;
2. ALLOWED USE AND LICENSE
2.1 BA licenses the User to view and print the content of the BA website, provided that such content is used for private, personal, educational and/or non-commercial purposes only or to view and print this agreement for legal and / or evidential purposes.
2.2 Content from the BA website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of BA.
2.3 Users may only access, browse and use the BA website for legitimate personal or commercial purposes and may not use the BA website or any BA services and/or products for:-
2.3.1 Harmful purposes;
2.3.2 Illegal purposes;
2.3.3 Disclosing, sharing or publishing material that may be offensive, defamatory, regulated,
prohibited, infringing or damaging to any person; and/or
2.3.4 The creation, storage and sending of unsolicited commercial communications.
2.4 The caching of the BA website shall only be allowed if:-
2.4.1 The purpose of the caching is to make the onward transmission of the content
from the BA website more efficient;
2.4.2 The cached content is not modified in any manner what so ever.
2.5 If any User uses content from the BA website in breach of the provisions detailed herein:-
2.5.1 BA reserves the right to claim damages from the User;
2.5.2 BA reserves the right to institute criminal proceedings against the User; and
2.5.3 BA shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted
from the use of such content by the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the BA website from any other source shall be directed at the home page of the BA website. Links beyond the BA home page may be used but the user is still subjected to the terms and conditions.
2.7 BA shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the BA website, if such content, products or services was accessed through a hyperlink not directed at the home page of the BA website. Persons that wish to link to pages beyond the home page of the BA website without BA's prior written consent shall do so at their own risk and indemnify BA against any loss, liability or damage that may result from the use of such hyperlinks. BA's non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.8 Users may quote small and reasonable amounts of content available from the BA website and only if such a quote is placed in inverted commas and acknowledged.
2.9 No person may, without the prior written consent of BA, frame the BA website in any manner whatsoever.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on the BA website by Users, no person may use or attempt to use any technology or applications, without the prior written consent of BA.
2.11 E-mail addresses, names, telephone numbers and fax numbers published on the BA website (Including graphical images) may not be incorporated into any database used for electronic marketing or similar purposes.
2.12 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by BA at any time without prior notice or reasons.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 All intellectual property on the BA website, including interface, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to BA and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the BA website are expressly reserved.
3.2 No person may use logos, icons or trade marks from the BA website as hyperlinks or other purposes without BA's prior written consent.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the BA website to perform searches for advertisers on the BA website.
These terms and conditions as well as product and / or service specific terms and conditions govern the services from or through the BA website.
Access to the services, content and software available from the BA website may be classified as "electronic transactions" and BA has, amongst others, the duty to disclose the following information:
5.1 The full name and legal status of the website owner: BA Directory Operations (Pvt) Ltd, registration number________________.
5.2 Management Team: http://www.balanaa.com
5.3 Street address: Faisal Plaza,Sikandarpura,Peshawar Pakistan.
5.4 Postal address: Faisal Plaza,Sikandarpura,Peshawar Pakistan.
5.5 Physical address for receipt of legal service: Faisal Plaza,Sikandarpura,Peshawar Pakistan.
5.6 Main business: Advertizing Agency & Directory services provider, Visit http://www.balanaa.com
5.7 Codes of conduct to which BA subscribes: Code of Conduct, Code of IT Ethics and Business Code of Ethics.
5.8 The costs associated with the access and use of content, products and services available on the BA website are as follows:-
5.8.1 General website content free;
5.8.2 Bulk supply needs to be motivated and requested in written form from BA.
5.9 Access to, saving and printing of terms:
5.9.1 Terms specific to certain products and / or services may be printed and saved
in the following manner:-
a. Printing: open the web page that details the terms and click on the print option available
on the browser toolbar; and
b. Saving: open the web page that details the terms and click on the [File] option available
on the browser toolbar, select [Save As] and save the page as a .htm or .html file. ALTERNATIVELY,
copy and paste the terms to another format such as MS Word (.doc) and save accordingl
5.10 The manner and period within which Users may access and maintain a full record of transactions: a full record of each transaction shall be disclosed to the User and Users are encouraged to print and / or save this information. Transaction records will also be disclosed to Users on request for a limited period from the date of the transaction.
5.11 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:-
5.11.1 access to the BA website;
5.11.2 the inability to access the BA website;
5.11.3 the services and content available from the BA website; or
5.11.4 these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation
of Pakistan and such arbitration proceedings shall be conducted in Peshawar in English.
The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the
successful party on a scale as between attorney and own client.
5.12 Users may lodge complaints concerning the BA website with BA at
balana.com.Users hereby assign the copyright in such complaints to BA and
understand that BA may use, disclose and publish such complaints and is further more under
no legal duty to answer, resolve or address such complaints.
6. CHANGES AND AMENDMENTS
BA reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the BA website;
6.3 discontinue any aspect of the BA website or service(s) available from the BA website; and/or
6.4 change the software and hardware required to access and use the BA website.
7.1 BA shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, personal information shall be defined as detailed in the Promotion of Access to Information Act
7.2 BA may electronically collect, store and use the following personal information of Users:-
7.2.1 name and surname;
7.2.2 street address;
7.2.3 postal address;
7.2.5 contact numbers;
7.2.6 non-personal browsing habits and click patterns;
7.2.7 e-mail address;
7.2.8 IP address.
7.3 BA collects, stores and uses the above mentioned information for the following purposes:-
7.3.1 Communicate requested information to the User;
7.3.2 Provide services to the User as requested by the User;
7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings. For purposes of this clause, a cookie means a small computer file created by a web browser to save user information for web site.
7.5 BA may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:-
7.5.1 BA shall not disclose personal information from Users unless the User consents thereto;
7.5.2 BA shall disclose personal information without the User's consent only through
due legal process; and
7.5.3 BA may compile, use and share any information that does not relate to any specific individual.
7.6 BA owns and retains all rights to non-personal statistical information collected and compiled by the BA.
8. HYPERLINKS TO THIRD PARTY SITES
8.1 BA may provide hyperlinks to websites not controlled by BA ("target sites") and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites.
8.2 BA does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, inability to use or content available on or through target sites.
9.1 BA shall take all reasonable steps to secure the content of the BA website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, BA does not make any warranties or representations that content shall be 100% safe or secure.
9.2 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the BA website or the server and computer network that support the BA website.
9.3 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the BA website, whether on purpose or negligently, shall, without any limitation, indemnify and hold BA harmless against any and all liabilities, damages, risks and losses that BA and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
9.4 Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the BA website and BA reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 BA (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:-
10.1.1 access to the BA website;
10.1.2 access to websites linked to the BA website;
10.1.3 inability to access the BA website;
10.1.5 content available on the BA website;
10.1.6 services available from the BA website;
10.1.7 products available from the BA website;
10.1.8 use of content from the BA website; and/or
10.1.9 any other reason not directly related to BA's gross negligence.
10.2 BA website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with the BA, that the content available from and through the BA website meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the BA website should not be regarded as professional advice or the official opinion of BA and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the BA website.
10.4 BA does not make any warranties or representation that content and services available from the BA website shall in all cases be true, correct or free from any errors. BA shall take all reasonable steps to ensure the quality and accuracy of content available from the BA website.
10.5 BA does not make any warranties or representations that the BA website shall be available at all times. Users acknowledge that the BA website may be unavailable due to updates or other causes beyond the reasonable control of BA, including, but not limited to virus infection, unauthorized access (hacking), power failure or other acts of God.
11. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the BA website to BA and BA undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
12. INTERCEPTION OF COMMUNICATIONS
Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to BA's right to intercept, block, filter, read, delete, disclose and use all communications (including all "data messages" send or posted by the User to the BA website, its staff and employees.
13. ENTIRE AGREEMENT AND SEVERABILITY
13.1 These terms and conditions constitute the entire agreement between BA and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by BA from the User.
13.2 Any failure by BA to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
14. AGREEMENT CONDITIONS
The User and BA agree that:-
14.1 the User shall be bound to these term and conditions and such agreement is concluded in Peshawar (Pakistan) at the time the User enters the BA website for the first time;
14.2 electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and BA.
15. APPLICABLE AND GOVERNING LAW
The BA website is hosted, controlled and operated from the Republic of Pakistan and therefore, subject to clause 5.14, the Pakistan law enforced by the Pakistan courts governs the use or inability to use the BA website, its content, services, products and these terms and conditions.
16. LEGAL COSTS
BA shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.