1. Definitions
The company means finda Ltd, having its registered office at 604 Great South Road, Ellerslie, Auckland. The customer means any purchaser of any company products or services.
The order means any order for the company’s products or services.
Advertising services means the publishing by the company of the customer’s advertisements in one or more of the company’s products.
2. Customer Warranties & Indemnity
2.1 Any customer who is an advertiser warrants and undertakes to the company that no material, statement, representation, or information contained in the customer’s advertisement:
a) is or is likely to be misleading or deceptive or otherwise infringe the Fair Trading Act;
b) is whether in full or in part defamatory, or in breach of any copyright, trade mark or other intellectual property right;
c) is in breach of any relevant advertising codes of practice; or
d) is otherwise in breach of any statute, regulation or rule of law.
2.2 The customer acknowledges that it is aware that the company is relying on the provisions of clause 2.1 in agreeing to provide the advertising services.
2.3 In consideration of the company performing the advertising services for the customer, the customer agrees to indemnify the company against all and any losses, costs, demands, claims, expenses, proceedings and legal costs arising as a result thereof or as a result of the company having to correct, alter, amend, or otherwise change the advertisement published for the customer.
3. GST
Unless otherwise stated, the prices specified in the order are exclusive of GST. This will be added to the amount of the order and will be paid for by the customer.
4. Payment
4.1 The company will invoice for all orders at time of sale. Payment is due 20th of the month following.
4.2 Any cost incurred collecting overdue monies will be borne by the customer.
5. Right to Refuse an Order
The company reserves the right to refuse any order or publish any advertisement placed by the customer and will not be liable for such refusal. This refusal could be for any reason, or for no reason, including because:
a) the company considers that the publishing of the advertisement could result in a breach of law or code of practice or because the advertisement contains material which the company considers to be offensive or inappropriate or for which the customer does not have the necessary rights; or
b) the company considers the customer uncreditworthy.
6. Exclusion of Liability
6.1 While every care will be taken to ensure that the order is completed according to the customer’s instructions, the company accepts no responsibility for errors, misclassification, early, late, or non-insertion of advertisements or loss of, or delay in delivery of, replies.
6.2 It is the responsibility of the customer to advise the company of any error and the company will not be held responsible for un-notified recurring errors. No responsibility whatsoever will be accepted for any error or inaccuracy in advertisements placed by telephone.
6.3 The company excludes all liability it may have to the customer. The company is not liable to the customer for any loss or damage caused to the customer by any act or omission of the company, or any delay in doing anything, whether or not it is contemplated or authorised by any agreement the customer has with the company. This exclusion applies in respect of whatever the customer is claiming for and however the liability arises or might arise if it were not for this paragraph.
6.4 The advertiser’s remedy in respect of misrepresentation, repudiation or breach of contract shall be limited to damages not exceeding the cost of the order and Sections 6 to 10 of the Contractual Remedies Act 1979 are expressly excluded.
6.5 The company cannot be held responsible for any third party’s misrepresentation of their trade or profession.
7. Consumer Guarantees Act
If any customer places an order for the purposes of a business as defined in the Consumer Guarantees Act 1993, the provisions of the Act do not apply.
8. Use of the Advertiser’s Information
8.1 The company may collect information about the customer and its business. The information may be obtained from the company and others, or otherwise in accordance with the company’s Privacy Policy (currently at http://support.finda.co.nz/privacy-policy/).
8.2 The customer may decide whether to provide any information sought by the company. However, if the customer does not provide such information, the company may not be able to provide services to the customer.
8.3 The customer may ask to see information about the customer held by the company, so long as the company can readily retrieve it, and ask for any details that are wrong to be corrected. The company may hold the information and share it with its related companies, officers, employees, contractors, partners, joint ventures, agents and customers, and with any third party, so as to provide services or information to the customer and others, send the customer bills, recover and report on money the customer owes or has otherwise paid and keep the customer informed of services available to the customer.
8.4 Credit reporters may include credit checks, repayment history information and any defaults in payment to the company by the customer in their databases and share this information with others who wish to conduct credit checks on the customer.
8.5 The customer hereby consents to receive commercial emails from, or on behalf of, the company and its related companies, except to the extent that the customer otherwise opts-out in writing of receiving such emails. The company may always send non-commercial emails to the customer.
9. Place of Order
All orders between the company and its customers are deemed to be placed in Auckland, New Zealand.
10. Terms and Conditions
The company reserves the right to change these Terms and Conditions at any time. The current version of these Terms and Conditions are set out on the company’s web site at http://support.finda.co.nz/finda-terms-and-conditions (or any successor URL). Any change applies from the date it is published on the company’s web site. These Terms and Conditions are also set out on the back of all printed Sales Contracts, but please check the company’s web site for the latest version. These Terms and Conditions apply to every advertisement placed by the customer to the exclusion of any alleged terms and/or conditions of the customer. Any additional company policies or terms and conditions that apply to specific products or services are hereby incorporated into these Terms and Conditions, and in signing any order, the customer acknowledges receipt of, and agrees to, the same. Such additional terms and conditions shall prevail to the extent of any inconsistency with these Terms and Conditions.
11. Advertising Proofs
Proofs are not automatically provided. Proofs will be supplied for advertisements designed by or on behalf of the company.
12. Term, auto-renewal and Cancellation
12.1 This order is for an initial period of 12 months (“Initial Term”), thereafter automatically renewing for additional one month periods (“Monthly Terms”), unless or until:
a) it is terminated by the company in accordance with its terms;
b) the customer gives the company written notice of non-renewal at least 30 days before the expiry of the Initial Term or the then-current Monthly Term (as the case may be); or c) the parties renew the order for a further period of 12 months (“Renewed Term”), which renewed order shall itself be treated in accordance with this clause 12.1.
12.2 The charges for any Monthly Term or Renewed Term may be different from the charges for the Initial Term.
12.3 The customer may cancel any order by giving the company written notice, however the customer acknowledges and accepts that the company may bill the customer for the charges for the remainder of the Initial Term or Renewed Term (as the case may be).
12.4 If the customer fails to pay any amount that it owes to the company such that the company considers the customer a bad debtor, the customer will be deemed to have cancelled the agreement.
13. Assignment
The customer may transfer all (but not part of) its rights and responsibilities under any agreement it has with the company to someone else so long as the company has received the transferee’s written acceptance of responsibility and given the customer its written consent. The company may assign or otherwise transfer this order, or any of its rights, benefits or obligations under this order or any other agreement with the customer, in whole or in part, to any related company of the company or any third party.
14. Availability of products and services
14.1 The company may modify any product or service (including by suspending or restricting any service) at any time, without notice to the customer, if the company thinks it reasonable or necessary. Normal charges continue to apply in the event of any modification, or during any suspension or restriction. The company does not guarantee that any service it provides will be continuous or fault-free.
14.2 End-users may access the customer’s online advertising via different sites, services, applications, technologies and devices. The presentation, appearance and functionality of the customer’s advertising on those sites, services, applications, technologies and devices may be affected by many factors including the underlying technology and functionality of the device used and the features of the site, service or application. The company does not guarantee how the customer’s online advertising will be presented to end-users or that all features of the customer’s advertising will be accessible by end-users via all sites, services, applications and devices.
15. Dealing with end-users
15.1 The company is not an agent of the customer and is not involved, on behalf of either the customer or end-users, in any dealings resulting from the use of the company’s products. The customer has sole responsibility for any risks associated with its dealings with end-users.
15.2 The customer acknowledges and agrees that: (a) the company may provide a facility for end-users to submit content (including but not limited to ratings and reviews of businesses and their products and services); (ii) the company may publish user-submitted content in connection with the customer’s listings and advertisements in the company’s products; and (iii) although the company will use reasonable endeavours to moderate user-submitted content, the company is not the agent of any end-user; the company does not endorse any user-submitted content; and the customer will not hold the company liable for any user-submitted content.
15.2 The customer must communicate and deal with end-users directly to complete transactions or resolve any problems arising between the customer and any end-user.
16. Law
This order is governed by and will be construed in accordance with the laws of New Zealand and the parties submit to the jurisdiction of the courts of New Zealand.
