ADVERTISING TERMS AND CONDITIONS
ourMarketplace accepts advertisements from the Customer for publication in all publications under ourMarketplace control on the following Terms and Conditions. The expression ‘Customer’ means the advertiser and, where advertising has been placed with and by ourMarketplace. ‘Digital Advertising’ is an image of specific dimensions (These dimensions are located onhttp://ourmarketplace.co.nz/advertising/) being placed in specific areas of the website.
- APPLICATION OF TERMS
These Terms and Conditions apply to
“Calibri”,sans-serif;color:windowtext”<![endif] –>a) Digital Advertising on ourMarketplace website
“Calibri”,sans-serif;color:windowtext”<![endif] –>b) All other advertising services provided to the Customer by ourMarketplace
- ADVERTISING MATERIAL
2a. Customer Provide
The Customer will provide its own digital advertising material for publication. ourMarketplace will not be responsible for any loss or damage to such material while in the possession of ourMarketplace. Advertising material must be received by ourMarketplace at least one week before the
scheduled publication date.
2b. ourMarketplace Provide
Where ourMarketplace provides advertising material, the Customer must provide written confirmation that it accepts the material one week before the agreed publication date. If the Customer does not provide written approval within that time frame, it will be considered to have accepted the material in all respects and ourMarketplace shall not be liable to the Customer in any way for any flaw or matter arising out of the digital advertising material. In any event, the Customer must notify ourMarketplace immediately of any such flaw or matter arising out of the advertising material. If the Customer does so, then ourMarketplace will do its best to remedy the advertising material to the Customer’s reasonable satisfaction prior to publication. Unless otherwise agreed advertising material provided by ourMarketplace becomes the property of ourMarketplace and may not be used in any other publication by any third party without the approval of ourMarketplace.
- AMENDMENTS AND PLACEMENT
3a. Amendments
ourMarketplace may in its discretion at any time and without notice to the Customer cancel, reject or refuse to publish or continue publishing any advertisement.
3b. Placement
ourMarketplace only have specific locations permitted for advertisement placement. ourMarketplace will not be responsible or liable to the Customer in any way if the Customer’s request cannot be granted, or the product featured in the Customer’s advertisement features advertising by competitors of the Customer. Bonuses are pre-emptible and may not play where schedules are full. Placement locations are located on the advertising page here: http://ourmarketplace.co.nz/advertising/
- COST AND PAYMENT
4a. Rates
The Customer acknowledges that ourMarketplace rates are subject to change at any time. Any discount that the Customer may be offered may be revoked or cancelled by ourMarketplace at any time on giving notice to the Customer. All rates are inclusive of GST, and there are additional credit card transaction fees will apply when making payments by Visa, MasterCard or American Express.
4b. Advertising Payment
“Calibri”,sans-serif;color:windowtext”<![endif] –> i. When using Premium Advertising, you are charged immediately.
“Calibri”,sans-serif;color:windowtext”<![endif] –> ii. The Customer will be invoiced at the end of publishing duration. You will be invoiced for each individual published material. Payment is due either before or at the end of the agreed published duration. Without notice, we may refuse to publish any further Customer advertisements and suspend or cancel any or all of the Customer’s orders until payment is received.
- LIABILITY, GUARANTEES AND INDEMNITIES
5a. Customer Guarantees
The Customer guarantees to ourMarketplace that no advertisement will:
“Calibri”,sans-serif;color:windowtext”<![endif] –> i. Raise claims or liabilities against ourMarketplace
“Calibri”,sans-serif;color:windowtext”<![endif] –> ii. Infringe copyright, trade mark or any other intellectual or industrial property rights of any person
“Calibri”,sans-serif;color:windowtext”<![endif] –> iii. contain material that is obscene, offensive, defamatory, illegal or otherwise unsuitable for publication
“Calibri”,sans-serif;color:windowtext”<![endif] –> iv. be, or be likely to be, misleading or deceptive or otherwise infringe the Fair Trading Act 1986 or any other statute, regulation, code or rule of law.
5b. Customer Indemnity
By submitting or approving submission of an advertisement for publication, the Customer indemnifies ourMarketplace, including all of its employees and agents against any proceedings, demands, losses, costs, which includes any and all legal costs on a solicitor-client basis, damages which include unforeseen, consequential loss, also special damages and other liabilities sustained by ourMarketplace, including all of its employees and agents in connection with the advertisement.
5c.Exclusion and limitation of liability
Except as expressly provided in these Terms and Conditions, ourMarketplace excludes, to the fullest extent permitted by law, all guarantees, representations and conditions whether implied by law, trade, custom or otherwise. In no circumstances will ourMarketplace and its employees or agents be liable, whether in misdemeanour, contract or otherwise for any unintended loss, loss of profits, significant loss or special damage suffered by the Customer or any other person. If the Customer does not advise ourMarketplace of any error within five days of publication of the advertisement ourMarketplace will have no liability whatsoever.
5d. No liability for non-publication
ourMarketplace will not be liable to the Customer or any other person for any loss suffered as a result of an advertisement not being published where such an event may happen from the exercise of any decision by ourMarketplace under these Terms and Conditions or any cause beyond its control. Any loss suffered as a result of any incomplete or total failure of ourMarketplace’s operation or network will be considered to be an event beyond ourMarketplace’s control. If such an event occurred, ourMarketplace will take all steps practically necessary to revive its operation and network, and the Customer with an active advertisement has the option to remove its affected advertising at no penalty if such an event may occur.
- CANCELLATION
6a. Contact
Any cancellations by a Customer must be via phone or via email to the relevant ourMarketplace agent. Upon cancellation the Customer agrees that ourMarketplace may charge cancellation fees. The Customer acknowledges these cancellation fees are a genuine pre-estimate of the loss ourMarketplace will suffer as a result of the cancellation.
6b. Cancellation of Digital Advertising
Cancellation of Digital Advertising may incur the following cancellation fees:
“Calibri”,sans-serif;color:windowtext”<![endif] –> i. If a cancellation occurs within 10 working days before publication, the Customer will be charged an additional 5% of the total charges to the Customer if the advertisement had published
“Calibri”,sans-serif;color:windowtext”<![endif] –> ii. If a cancellation occurs within 5 working days before publication, the Customer will be charged an additional 10% of the total charges to the Customer if the advertisement had published
“Calibri”,sans-serif;color:windowtext”<![endif] –> iii. If a cancellation occurs within 2 working days before publication, the Customer will be charged an additional 100% of the total charges to the Customer if the advertisement had published
- GENERAL
7a. No waiver
If at any time ourMarketplace does not apply any of these Terms and Conditions or allow the Customer time or other lenience, ourMarketplace shall not be interpreted as having waived that term or condition or its right to later apply that or any other term or condition.
7b. Assignment
The Customer may not assign the agreed fee and advertising space allocated any third party and/or place advertisements on behalf of third party advertiser(s), whether as an agent or otherwise(s). Except on terms previously agreed with ourMarketplace Advertisements that are placed by a Customer on behalf of a third party advertiser where, for example (but without limitation), the advertisement supports or otherwise informs readers as to the goods or services of a third party other than the Customer.
7c. Confidentiality
The Customer recognises the confidential nature of any information revealed by one party to the other in agreement with these Terms and Conditions. The Customer accordingly undertakes to keep the Confidential Information confidential and not disclose any of the Confidential Information without the prior written consent of ourMarketplace. The Customer will ensure that its employees, agents, representatives and advisers observe the terms of this clause. The Customer indemnifies ourMarketplace against all losses, damages, costs or expenses which ourMarketplace may incur as a result of any unauthorised disclosure of the Confidential Information. This obligation of confidentiality will continue in full force until all of the Confidential Information has entered the public domain and will survive termination of these Terms and Conditions.
7d. Privacy:
ourMarketplace collects, personal information in accordance with its privacy policy, which is available here: http://www.ourmarketplace.co.nz/privacy-policy/
7e. Entire agreement
These Terms and Conditions and any related Terms and Policies set out the entire agreement between the parties in relation to ourMarketplace Advertising and supersede all prior arrangements, undertakings, representations and guarantees by or between the parties in relation to such advertising.
7f. Governing law
These Terms and Conditions are governed by, and interpreted in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the Courts of New Zealand in respect of any dispute arising from these Terms and Conditions.
7g. Severability
If any provision of these Terms and Conditions is held illegal or unenforceable, then that in question shall not affect the remaining provisions of these Terms and Conditions which shall remain in full force and effect.
7h. ourMarketplace
ourMarketplace may change these Terms and Conditions at any time in its sole discretion.
Those with whom have active or pending advertisements yet to be published will not be effected, until their advertisement has expired.