1. Our Advertising Services. Our Terms of Business apply when we provide advertising services. In these terms, we have used “we” for Burrell Marketing Group NZ Ltd and any other Burrell Marketing Group NZ Ltd company involved in publishing advertising, “you” for our advertising customer and “advertising services” for everything we do in connection with publishing advertisements in our online directory. We are continually looking for ways to enhance our advertising services to assist you to successfully promote your business.
2. Ordering Advertising Services. We may require a signed, written Advertising Order from you before we will provide any advertising service. We may assume the person signing an order has your authority to place the order. We reserve the right not to accept any order. 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. In some circumstances we can assist you with advertising content.
3. Our General Rights and Responsibilities. We Agree to :
a) respond promptly to your enquiries;
b) do our best to keep you informed about the features of our Advertising Services;
c) provide clear explanations of our charges and billing procedures;
d) continue to promote our Advertising Services to encourage people to use them
4. Your General Responsibilities. So we can meet our responsibilities, you in turn agree to:
a) Provide all information and material we require promptly, and always by the last date we nominate;
b) make sure that all material you provide to us is complete and accurate and meets the quality that we specify;
c) comply with the fair trading act 1986, the copyright Act 1994, the Defamation Act 1992, all other applicable laws and any relevant Advertising Codes of Practice;
d) Never make inappropriate use of information provided to you by other users of our Advertising Services (e.g. for unauthorised direct marketing) or breach anyone’s legal rights (e.g. intellectual property rights, contractual rights or rights to privacy). You must compensate us and all other Burrell Marketing Group NZ Ltd companies for any loss any of us suffers, and indemnify each of us against any liability any of us incurs, resulting from the provision of advertising services for you, or you not meeting your legal responsibilities to any of us or to anyone else.
5. Automatic Renewal. We may publish your listing indefinitely unless you cancel in accordance with clause 6 below. Our charge for an advertising service in the second and subsequent years may be different from the previous years charge.
6. Cancelling Your Advertising. You may cancel your advertising, so long as you do so in writing by no later than one month out from the anniversary of your first publication in our product.
7. Paying For Our Advertising services. You must pay our charges for the advertising services we provide you, regardless of whether your business has been sold before we provide them. Our charges for advertising services are billed annually. If you do not pay our charges by the due date shown on your account
a) We may charge you interest on the unpaid amount from that date until you pay it, at the interest rate set out in the list of charges
b) We may require you to pay any costs that are incurred by anyone (including agents) in recovering the money you owe or in exercising any other rights, including commissions and legal costs on a solicitor and client basis.
8. Our Right to Withhold, Suspend, Restrict or Terminate Services. We reserve the right to withdraw or terminate any advertising service at any time, for example; where we withdraw a heading or redefine the geographic region covered by our advertising services. We may also withhold, suspend, restrict or terminate any advertising service at any time if you do not meet a responsibility of yours under this agreement or we consider your advertising order is unauthorised. We may edit, or refuse to publish, 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 services. We will try to contact you before doing any of these things. We do not guarantee any particular placement in our directory, nor do we guarantee that any service we provide will be continuous or fault free, and we may suspend or restrict our online services at any time if we think it reasonable or necessary. Normal charges continue to apply during any suspension or restriction.
9. Your Dealings with Directory Users. We may include our trademarks and copyright notices in any or all directories in which we publish your 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 online directory. 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.
10. Consumer Guarantees Act 1993. You agree that you are acquiring our advertising services for the purposes of a business as defined in the Consumer Guarantees Act 1993 and that the provisions of that act do not apply to any advertising service we agree to provide for you. (The Consumer Guarantees Act may not be applicable, in any event, to advertising services that we provide).
11. Resolving Disputes. If you think that we have not met any responsibility we have to you, you must give us immediate notice in writing. If we find that we have not met any responsibility we have to you, we will discuss with you the various ways in which we may be able to help you. No credit is available for online mistakes, as we can fix these promptly.
12. Exclusion of Liability. We now exclude all other liability we may have to you. This exclusion also applies for the benefit of every Burrell Marketing Group company, and all offices, employees, contractors and agents. None of us is liable to you, or is required to pay you for anything else caused by, or resulting from, anything any of us does, or does not do, or delays in doing, whether or not it is contemplated or unauthorised by any agreement you have with any of us. This exclusion applies whatever you are claiming for (including loss of profits or business) and however the liability arises, or might arise, if it were not for this clause.
13. 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 or anyone else uses our service. 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 Burrell Marketing Group companies, with our offices, 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).
14. Transfer of Rights and Responsibilities. You may transfer all (but not part of) your rights and responsibilities under this agreement to someone else so long as we have received the transferees written acceptance of responsibility and given you our written consent.
15. Each Term Separately Binding. If for any reason any term of this agreement cannot be enforced or relied on by you, us or any of the other people referred to in clause 12, all other terms remain binding.
16. No Waiver. No delay or failure to exercise a right under this agreement 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.
17. New Zealand Law Applies. All our advertising services are provided in New Zealand, and under New Zealand law. You may take legal action against us only in a New Zealand court.
18. Sending Notices. We may send you notices to either the last postal address, last fax number or last email address you have given us. Please advise us immediately if you change any of your contact details. You may send us notices by post to PO Box 51-067, Tawa, Wellington 5249.
19. Changing Our Terms of Business. We may change these terms, by changing or moving 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 website at www.finditonline.co.nz in relation to any advertising service you ask us to provide after that date, any advertising service we have already agreed to provide by that date and any republication after that date of an existing advertisement. The current version of Our Terms of Business is set out on the back of all printed Advertising order forms and on our website www.finditonline.co.nz