These terms and conditions apply to the use of the Whitepages made available by Setel N.V. (‘Provider’). The Whitepages is the digital version based on the paper version of the Setel phonebook on Curacao. By using the Whitepages an agreement is concluded between you and Provider and you agree to these terms and conditions in addition to the ‘Terms and Conditions miUTS’ and ‘de algemene voorwaarden voor de vaste telefoondienst van Setel’.
1. Whitepages is an online phonebook provided to you by Provider and it allows you to search for contact information of persons and/or entities listed in the Whitepages. By using Whitepages you are agreeing to these terms and conditions.
2. You are only entitled to use the Whitepages for searching contact information of persons and/or entities as listed in the Whitepages.
3. You are not allowed to trade, reproduce or use contact information for (direct) mailing or to use the contact information for any other purposes than mentioned in article 2 above.
4. Without the express prior written consent of Provider, you are not allowed to create a link and/or connection or gateway between the Whitepages and other websites, (meta-) search engines or any other computer network whatsoever.
5. You may only request the contact information via the Whitepages for display on your screen or device. Other than that, the contact information may not be saved or stored in any file or certain type of soft- or hardware other than temporary storage required for proper functioning of the Whitepages or for personal use.
6. Provider has the right to include present and display commercial information, including but not limited to advertisements of third parties, in the Whitepages.
7. By using the Whitepages you explicitly agree Provider has the right to use location based information for commercial and/or navigation purposes.
8. Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Provider. Product and service information is the sole responsibility of each individual vendor. Third party sites may include, without limitation, sites on which you may bid for and/or purchase products or services. Provider makes no representations whatsoever concerning (a) the information, software or other material appearing on, or accessible through, any third party site (including without limitation, any advertisement for products or services on any third party site), (b) the performance or operation of any third party site (including, without limitation, any transactions initiated or conducted through any third party site, any taxes associated therewith and any use by third parties of user credit card information), (c) any products or services advertised or sold on or through any third party site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (d) the sellers of any products or services advertised or sold on or through any third party site. If you decide to access any of the third party site linked via the Whitepages, you do so entirely at your own risk.
9. Provider does not guarantee or assume any responsibility for the accuracy, completeness, reliability or usefulness of any contact information or other information contained on, distributed through or linked, downloaded or accessed from the Whitepages. Provider does not accept any liability for direct or indirect damages (including but not limited to consequential damages) resulting from or in any manner related to the use of the Whitepages or to the (temporary) impossibility to access or make use of the Whitepages.
10. Provider has the right to terminate this agreement and/or terminate, suspend or restrict your access to the Whitepages, in whole or in part, unilaterally and without notice, in the event you violate any of the terms of this agreement and Provider may take all necessary (technical) measures thereto. All this to the sole discretion of Provider.
11. Provider reserves any and all rights and remedies at law in connection with violation of the terms of this agreement.
12. You agree, at your own expense, to indemnify, defend and hold Provider (and all affiliated group companies, officers, directors, agents, employees service providers and third parties providing content on the Whitepages) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) your breach of any representation, warranty, covenant or obligation set forth in this agreement (or any other violation of this agreement), (b) any information, content or other material transmitted, submitted or provided by you through the Online Phonebook (including, without limitation, Provider's exercise of its rights with respect to such information), (c) your publication or use of any contact information, or (d) your use of (or conduct on) any third party site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any third party site (including without limitation, any advertisement or coupon for products or services on any third party site), (ii) any transactions initiated or conducted by you through any third party site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through any third party site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), (iv) any reservations you make on or through any third party site, and (v) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any third party site).
13. Provider reserves the right to amend any of these terms and conditions (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to use the whitepages periodically to be aware of and review any such changes. Changes to this agreement will be effective upon posting. By continuing to use the Whitepages after changes are posted, you accept the changes and agree to them.
14. Provider has to process personal data to be able to offer the Whitepages. Provider ensures it collects and processes the personal data in accordance with the applicable laws of Curacao.
15. The Agreement shall be governed, construed and interpreted in all respects in accordance with the laws of Curaçao, and shall be subject to exclusive jurisdiction of the courts of Curaçao.