Advertisers Terms of Use

Agreement

This website is operated by Tauranga.co.nz Limited. Your use of this website for online advertising is subject to these terms and all applicable laws. By advertising on this website you accept these terms.

We reserve the right to modify, alter or otherwise update these terms from time to time with or without notice to you. Amendments will come into effect as soon as they are posted on this website. You are responsible for reviewing and agree to check the Terms of Use each time you visit the site and will be taken as accepting the then current Terms of Use each time you visit.

The following Terms and Conditions apply to all items in relation to Tauranga.co.nz that we accept for publication on the website.
For the purpose of these Terms and Conditions, all items including listings, display pages, e-commerce stores, banners and newsletter insertions are deemed to be advertisements.

1. Submission of Advertising

By accepting your advertisement for publication, and in publishing it we are doing so in consideration of and relying on your express warranty, the truth of which is essential, that:

The advertisement does not contain anything that:

is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Fair Trading Act 1986; or
is defamatory or indecent or which otherwise offends against generally accepted community standards or may breach the Human Rights Ac 1993; or
infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights; or
breaches any provision of any statute. Regulation, by-law or other rule or law; and
the advertisement complies in every way with the Advertising Codes of Practice issued by the advertising Standards Authority Inc. (�ASA�) and with every other code or industry standard relating to advertising in New Zealand; and
placement of the advertisement will not give rise to any liability on our part or in a claim being made against us.

By submitting a Public Notice, you warrant that the content of the notice is true. It is an offence under the Summary Offences Act 1981 to submit, for the purpose of publication, a notice containing false information. We assume no liability for misleading or fraudulent information.

2. Understanding the Services

In providing online advertising to you, we will always do our best to provide good quality services with reasonable care, skill and diligence.

However, we are not responsible for your advertising. You are responsible for all of your activities while using this website and for anything you say or post at this website. You must use your own judgement when evaluating information that you advertise, display, or access when using the site.

You also acknowledge that:

unless specified otherwise, we do not take any part in the sale or purchase of goods or services other than by providing this website as a venue for advertisers and people that wish to buy and sell goods and/or services;
we do not and cannot guarantee that there will be no interruptions or delays in relation to the site;
the availability of online advertising space maybe affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, atmospheric, geographic, or topographic conditions;
you will take reasonable care to ensure that the information provided through your advertising on the site is accurate, reliable, complete and current;
you will take reasonable care to ensure that prices posted on this website are accurate, reliable, complete and current. It is your responsibility as the advertiser to keep your product information up to date.

We are not responsible for:

any information that does not originate directly from us, any links to third party sites or information at or accessible from those sites or any loss or damage arising from your use of the site for online advertising;
ensuring that the information that you access or make available through using the services will be private or secure or free from viruses or other harmful things;
any transactions you may enter into through: use of the site; your participation in any promotions; or as a result of any dealings between you and anyone using the site; or
any delay in transmission of information to or from the equipment you are using to access the site.

3. Warranty of Service and System Integrity

We give no warranty that:

The services we provide will be uninterrupted, timely, secure, or error free.
The information provided on the website is error free or reliable.
The quality of any items obtained pursuant to the services provided by us will meet your requirements.
We will make the best possible efforts to ensure the best possible availability of the website, however we take no responsibility for any lack of system availability, or any losses that are incurred as a result of site availability or performance.

4. Your confirmations

You agree to:

make sure all information you give to us is true, correct and complete. (Each time you provide information to us, you will be taken as confirming that you are authorised and capable of doing so and being bound by these Advertiser Terms of Use);
follow our instructions when using the website;
keep secure and confidential any username, password or order reference for the website;
follow any policies and comply with any terms and conditions we publish from time to time on this website regarding the website or any products that are available to you as a result of your use of the website;
not use the website inappropriately or unreasonably. (for example, but without limitation, to send spam, message bombs, chain messages or abusive, defamatory, obscene, menacing or malicious messages, interfere with anyone�s rights, publish any offensive, unlawful or actionable material, transmit or upload material which breaches any third party right, any applicable laws or regulations or is likely to do so);
use the website only for lawful purposes, without annoying anyone or affecting anyone else�s use of the website and only as reasonably intended;
not act in a way or use or attempt to damage, interfere with or introduce anything (including, without limitation, any virus, robot, spider, scraper or other automated means to access this website or feature on it for any purpose) that in any way compromises the website or any network or system underlying or connected to them;
ensure that everyone you are responsible for also meets these commitments and your other obligations under these Terms of Use; and
keep us protected against any legal action taken against us and pay us at any costs. Losses or expenses we incur in connection with your use of the website.

You agree that you will not:

use the website (or copy, scrape, systematically or automatically extract or otherwise use any information or other material from the website) for any commercial purpose other than to conduct a commercial transaction where this is offered to you as part of the agreement;
copy, distribute, alter or tamper with in any way otherwise use any material contained in the website except as set out in these terms;
remove any copyright, trade mark or any other intellectual property notices from any material copied of printed from this website.

5. Advertising Rates and Taxes

The charge for an advertisement will be in accordance with the rates offered and agreed at the time for the advertisement, unless we agree otherwise in writing.

All advertising rates are exclusive of Goods and Service Tax which will be charged to all New Zealand resident advertisers.
These rates are effective from 1 July 2008. Rates may be varied at any time by us without notice.

All rates assume that digital files for photos, logos and banners are available. Production of files, including banner design, are additional to these rates and may be quoted on request.

6. Payment

You may pay for advertising by pre-payment, using a valid and accepted credit card. The accepted credit cards are MasterCard and Visa only.

Alternatively you may be issued with a seven (7) day invoice for your advertisement. Your advertisement may not go live until such time as payment is received in full, even if the commencement date has passed, unless alternative payment terms have been negotiated in writing and a credit application has been completed.

Banner advertisements and promotions are sold for a one month period. Advertisements which go live at any time during the period require payment for the entire period, irrespective of the extent of the period remaining.

7. What you are allowed to do

You may

Access any part of the website that is not password-protected;
If you have a valid password, also access those parts of the site that are password-protected; and
Use this website for commercial use and otherwise in accordance with these Terms of Use.

8.Registration

There are pages on this website that are password-protected. To obtain a password, you must apply to advertise with this website. In doing so, you must expressly confirm that you have read, understood and accepted these terms and any other terms and conditions that may apply.

We may, in our absolute discretion, accept or refuse any application. If we accept your application, you will become a Partner of this website. Without limiting our other rights and remedies, if you breach this term, you may be liable for the recovery of any benefits you have obtained as a result of your breach (by way of example, but without limitation, the value of any promotional benefits you have obtained).

9. Security

You are responsible for any activity which occurs on or through your advertiser account (whether authorised or not). Without limiting this obligation, you agree:

not to permit any other person to use your password or account;
not to disclose to any other person your password or any other information that may allow them to gain access to your account; and
to change your password immediately if you believe that your account may have been used without your authorisation.

10. Consequences of your actions

Without limiting our other rights and remedies, we may, at our discretion:

monitor your use of the Services and restrict access to any content that we consider to be inappropriate or in breach of any law, third party right or these terms but we are not obliged to or responsible for doing so;
contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the website (including, but not limited to, the uploading or e-mailing of any material in breach of these terms or any applicable laws);
provide copies of any relevant material to the law enforcement authorities and also give them access to any personal data that is held by us and relate to the material supplied; and
refuse to provide any further services to anyone who breaches these terms.

11. Linked websites and users� information

Links to third party websites are provided for convenience only. Links should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites or otherwise posted on this website, unless specifically stated.
You must:

communicate and deal with sellers and buyers directly to complete transactions or resolve problems arising from them, but please use caution, common sense and practice safe trading when doing so;
only create links from this website to external websites where you are entitled to do so and the creation of the link does not otherwise breach these terms.

12. Intellectual Property

We (and our advertisers on this website, as the case may be) own all proprietary and intellectual property rights in and to this website and material displayed here including, without limitation, text, images, graphics, layout, look-and-feel, the software, trade marks, trade names and other material underlying and forming part of the website and/or the Services.

All rights not expressly granted to you in these terms are reserved. Do not upload or copy any material unless you have the right or appropriate consent to do so.

13. Copyright

Copyright in this website (including text, graphics, logos and software) is owned or licensed by Tauranga.co.nz. You may not, without our prior written permission, in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website or commercialize or on-sell any information, items obtained from any part of this website without our express written prior permission.

14. Right to vary format and placement

We may publish the advertisement on the next available day if there is an error or delay in publication of the advertising as booked.
We may correct or amend advertising to conform to style or for other genuine reason as long as we do so using reasonable care.
We reserve the right to correctly classify and edit all copy.

15. Errors

You are responsible for correcting any error or omission in any advertisement you placed. We will not be liable for any indirect or consequential loss (which includes loss of revenue or profit) from an error or omission or failure to place and if we are found to have any direct liability for any circumstance that liability is limited to the cost of the space of the advertisement. If an advertisement does not appear correctly Tauranga.co.nz can elect to re-run the advertisement correctly at an alternative date suitable to both parties.
We will only investigate complaints during normal office hours (8.30am to 5.00pm Monday to Friday, excluding public holidays).

16. Cancellations

All cancellations of advertisements must be in writing and must include the booking reference given to you on your Booking Confirmation. Advertisements cancelled within fourteen days prior to the commencement date incur the full charges for placement of the advertisement. Advertisements cancelled earlier incur a handling fee equal to 25% of the rate card value.

17. Right to refuse or withdraw advertising

We reserve the right to cancel, reject or refuse to continue the placement of any advertisement without providing any reason for such rejection or refusal at any time prior to, or after, placement of the advertisement. Where an advertisement is cancelled, rejected or refused by us, charges incurred will be the same as those incurred if you had cancelled the booking yourself.

18. Ending or suspending any Services

We may at any time and without notice:

change the format and content of this website and/or any products or services offered at this website;
end (stop providing), suspend or restrict your access to any Service if you do not meet any responsibility you have to us with respect to any Service (whether under these terms or otherwise); or
terminate or suspend the operation of the website and/or the Services (in whole or in part) temporarily, if we think it reasonable or necessary (e.g. for support or maintenance work or to update content), or permanently if we decide to stop providing a particular Service.

This will not affect any rights and responsibilities which are intended to continue, or come into force after that date or event.

19. Consumer Guarantees Act

If you are not acquiring Services for the purposes of a Business, the Consumer Guarantees Act 1993 (Act) may apply to your use of the Services, in which case all of your rights under the Act will apply in addition to any other rights you may have under this agreement, and will not in any way be reduced by it.

However, if you are acquiring Services for the purposes of a Business, you agree that the Act will not apply.

Business means any undertaking whether carried on for gain or reward or not, or in the course of which goods or services are acquired or supplied, whether free of charge or not.

20. Compensation

The website advertising is provided on an as is and as available basis. We will only be liable to you if we have failed to comply with our obligations under these terms and then our sole liability to you and anyone else who uses the services we provide to you (together) will be to pay you up to a maximum combined amount equal to $100.

21. Liability

To the extent permitted by law, we exclude all warranties not expressly stated in these terms of use. We exclude all other liability we or any of our suppliers, retailers, advertisers, related companies, agents, officers, employees may have to you to the maximum extent permitted by law.

This exclusion applies whatever you are claiming for (whether for direct, indirect or consequential losses, loss of profits, loss of business, loss of data or otherwise) and in whatever way any liability might arise if it were not for this clause (including in contract, tort, equity or under statute).

This exclusion does not prevent you getting a court order you are entitled to that requires us to do anything we have agreed to do for you.

You agree to indemnify us against all losses or costs arising directly or indirectly from any breach of your warranties and from any costs incurred in making corrections or amendments in accordance with other terms in this agreement.

22. Information about you

Information provided to us by you through your use of this website is subject to our Privacy Policy, which forms part of these terms.

Without limiting our Privacy Policy, you agree that we may at any time disclose your personal information including, without limitation, your name and contact details to the relevant authorities, parties and/or applicable intellectual property right holders (or their representatives) if we consider that you are in breach of these terms.

23. General

Any agent appointed by us may perform any of our obligations under this agreement and they, and our suppliers, retailers and advertisers, and each of their respective officers, employees, contractors and agents will have the benefit of any term that is of benefit to us.

We may transfer this agreement or any benefit or obligation of it to any person including, but not limited to, our related companies (as defined under the Companies Act 1993) without notice to you. If we do transfer our obligations to another person (in which context we will be the transferor and the person we transfer the obligations to will be the transferee), the transferor will not be liable for, and you discharge the transferor from liability for, any act or omission of the transferee arising in relation to these terms after that date. You may not transfer any benefit or obligation to any other person without our written consent.

Each term is separately binding. If for any reason any term cannot be relied on, all other terms remain binding.

You acknowledge that you are not relying on any statement or representation in any form made by us or on our behalf in relation to the suitability of the Services or your experience with or any outcomes you may achieve through using them. You agree not to commence any proceeding directly or indirectly arising from any statement or representation not expressly recorded in these terms.

If we do not exercise or enforce any right available to us under these terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.

These terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with New Zealand law. In the event of any dispute arising in relation of these terms or their subject matter, the New Zealand courts will have non-exclusive jurisdiction over such dispute.

Tauranga.co.nz is a publication of Tauranga.co.nz Limited, which is managed and marketed by Blazon Media Limited. For the full Terms of Trade for Tauranga.co.nz Ltd please refer to the Terms of Trade