Advertising terms and conditions:
The Website is operated by Kiwi Families Limited (referred to as "Kiwi Families/we/our/us"). We accept advertising from customers (“you/your/the Advertiser”) on the following terms and conditions. Where advertising is placed by an advertising agency on behalf of any of its customers, that agency will be the Advertiser for the purposes of these terms and conditions.
1. Advertisements
1.1 These terms and conditions apply to your purchase of banner advertising, directory listings and any other advertising that we accept from you for display on the Website.
1.2 Advertising will be ordered and confirmed as follows:
(a) Banner advertising – please contact us by telephone to book banner advertising. Banner advertising is confirmed as booked when we confirm by email to you. Our email will specify the banner advertising that you have booked.
(b) Directory listings – please contact us by telephone or email with requirements (in which event we will enter the data for you).
(c) Other advertising – by agreement in writing between Kiwi Families and the Advertiser.
1.3 You must ensure, and you warrant that:
(a) Every advertisement which you submit or list complies with all applicable laws and, without limitation, no advertisement that you submit or list is or will be misleading or deceptive or will otherwise infringe the Fair Trading Act 1986;
(b) You are authorised to submit or list each advertisement which you provide for or to the Website and no advertisement which you submit or list infringes or will infringe the intellectual property rights of any person;
(c) No advertisement which you submit or list contains material which is offensive, obscene, defamatory or otherwise inappropriate (in our opinion) for the Website.
Without limiting your obligations under clause 1.3(c), Kiwi Families reserves the right to decline or remove any advertisement which you submit for or list on the Website in its absolute discretion. Kiwi Families has no obligation to refund any prepaid advertising fees if advertising must be removed for breach by you of these terms and conditions.
1.4 Kiwi Families cannot and does not give any assurance that the Advertiser will be the only advertiser of its type on the Website or the only advertiser on the Website that advertises the type of products and/or services advertised by the Advertiser.
1.5 Kiwi Families cannot and does not give any assurance as to the benefits (if any) to you of advertising on the Website.
2. Price and payment
2.1 Advertising prices and payment terms are as specified on the Website or booking form at the time that advertising is ordered and confirmed, unless otherwise agreed in writing between the parties. All advertising rates are exclusive of Goods and Services Tax in New Zealand.
3. Other terms
3.1 If you attempt to include any terms with any advertising order which you submit to us, as part of or in place of these terms and conditions, those terms which you attempt to include will not apply.
3.2 All banner advertisements are on a rotational basis, providing 33% share of voice (share space with up to two other banner advertisements).
4. Website availability
4.1 Kiwi Families makes no representation or warranty of any kind regarding the availability of the Website, or that the Website content will be error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
4.2 Kiwi Families will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
5. Intellectual property
5.1 Subject to clause 5.2, all copyright, trademarks and all other intellectual property rights (“Intellectual Property”) in the Website and all Website content is and will remain our property or the property of our licensors.
5.2 Nothing in these terms and conditions transfers or assigns to Kiwi Families any ownership in the advertising content which you submit to or list on the Website.
6. Electronic messages
6.1 Subject to clause 6.2, the Advertiser consents to receiving from time to time at any of its electronic addresses, electronic messages from Kiwi Families which market or promote our goods and services (including advertising opportunities available on the Website).
6.2 We will cease to send electronic messages as described in clause 6.1 above to the Advertiser to all or any of the Advertiser’s electronic addresses if at any time the Advertiser instructs Kiwi Families in writing to cease sending such electronic messages to the Advertiser at those electronic addresses.
6.3 The parties agree that Kiwi Families is not required to include a functional unsubscribe facility in any electronic messages sent to the Advertiser.
7. Liability
7.1 Kiwi Families accepts no liability for any loss (whether direct, indirect, consequential or otherwise) arising from or in connection (whether directly or indirectly) with the Advertiser’s use of the Website or any advertising submitted to or listed on the Website.
7.2 In the event that the exclusion of liability in clause 7.1 is unenforceable Kiwi Families limits its liability to direct loss only and to a maximum of NZD1,000.
7.3 Except as expressly provided in these terms and conditions, all warranties, terms and conditions (whether express or implied) are excluded to the fullest extent permitted under applicable law.
8. Consumer Guarantees Act
8.1 If the Advertiser acquires, or holds itself out as acquiring, goods or services from Kiwi Families for the purposes of a business, the Consumer Guarantees Act 1993 will not apply and is excluded.
9. Miscellaneous Provisions
9.1 We reserve the right to change these terms and conditions at any time provided that any variation to the terms and conditions will not apply to agreed advertising orders.
9.2 These terms and conditions are governed by the laws of New Zealand and the courts of New Zealand will have jurisdiction over any dispute arising in respect of the Website or these terms and conditions.
9.3 Kiwi Families reserves the right to assign the benefit of the whole or part of any of its rights under these terms and conditions to any third party.
9.4 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
9.5 No delay or failure by Kiwi Families to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.