Advertising Terms and Conditions
When these terms apply
These terms apply whenever you ask us, Times of Georgia Ltd., to place an advertisement with any of our print, electronic or broadcasting media, or you use any of our advertising services. When we refer to “advertisement”, it includes public and family notices, and anything else you ask us to publish.
When you ask us to place an advertisement, you agree that all information you provide to us is correct and accurate. When you come into our offices or telephone to book an advertisement, our records of the information you give us, including telephone numbers, addresses, dates of insertion, the number of insertions and advertising copy, are conclusive.
Where you use our web and on-line services to book an advertisement, you agree:
• the services are on an as-is, as-available basis. There may be delays or interruptions with the services. We are not responsible for any unavailability and do not guarantee that the services will be secure or free from fault, error or outages, nor do we guarantee that content on our website is correct and complete;
• when accessing our website to use equipment which is compatible with our systems and do nothing to harm our website, systems and services;
• to comply with all laws and not infringe anyone else’s rights, or interfere with their use and enjoyment of our services; and
• to follow and comply with our directions about the use of our services.
You must not:
• use our services to place, post or transmit anything which does not comply with these Advertising Terms;
• use our services to conduct surveys, contests, pyramid schemes or send chain letters, junk mail or other duplicative or unsolicited messages; attempt to gain unauthorised access to our services or use another person’s name, registration account or password;
• create a false identity for the purpose of misleading others as to the identity of the user of our services;
• tamper with, hinder the operation of or make unauthorised modifications to our services; or transmit any virus or other disabling features to our services.
• We may stop, restrict, suspend, or change our website and on-line services at any time.
Costs, Payments and Credit Terms
You must pay our fees and charges. We will tell you the cost of each advertisement, how to pay and the due date for payment. You must pay us by that date. If you do not do so, we may charge you all costs of recovery, including credit collection fees, commissions and our legal costs on a solicitor and client basis.
Where you pay by credit card, the payment is processed by an independent third-party provider. You agree that we may disclose information about you to that provider on a confidential basis. Please contact us for further information about the provider.
We may also charge you interest on any overdue amount at up to 15% per annum. This is calculated daily and charged monthly until the outstanding amount has been paid in full.
Our credit terms policy applies. For a copy of the policy please contact us.
Compliance and Cancellation
You must comply with the terms of all advertising contracts and arrangements you have with us.
Once an advertising booking is made it cannot be cancelled except with our written approval and cancellation fees may apply.
We will classify each advertisement under the heading which we believe is appropriate for our readers.
We may alter, abbreviate, or omit any advertisement which we believe is out of proportion or upsetting to the layout, balance, or general appearance of the publication.
We will do our best to give you the environment and positioning you ask for your advertisement, but we do not guarantee that the product features in your advertisement will be the only product of that type featured in advertisements on any one page or place.
We do not guarantee the availability of colour classified advertising. If colour is not available for the time you have booked your advertisement, it will appear in black and white and we will refund for colour loading.
An advertisement that redirects our readers to alternative media e.g. the internet, may not be accepted for publication.
Family notices (birth, engagement, marriage, death and in memoriam notices) must be authenticated to our satisfaction. In the case of death notices, notification from a recognised funeral director or other acceptable accreditation is required.
Intellectual Property Rights and Re-Use
We may reproduce an advertisement on the internet, or in any print, broadcasting, or electronic advertising media we offer. Where you use any aspect of our creative services in the design or production of an advertisement, we own the copyright in that work.
When you book an advertisement that mentions someone else, we reserve the right to disclose your name and contact details to them.
When we accept an advertisement for placement, we rely on your assurance that the advertisement:
• is not misleading or deceptive or otherwise in breach of the Fair-Trading Act 1986, is not defamatory and does not offend against generally accepted community standards
• does not infringe anyone else’s intellectual property or other rights, or breach any other applicable law
• complies with our advertising requirements and all relevant advertising codes of practice
• will not give rise to any liability on our part or to a claim being made against us
• complies with these Advertising Terms.
You must indemnify us against all loss suffered and liability incurred by us arising out of any breach of these assurances and from any costs we incur in making corrections or amendments in accordance with these terms.
We may amend, abbreviate, or refuse to place any advertisement if it appears to contravene the law, is objectionable, or for any other reason.
We take every care with each advertisement you ask us to place, however you are not entitled to compensation of any sort if, for any reason, an advertisement is incorrect, wrongly classified, placed early or late, or not placed at all.
Where an advertisement is incorrect due solely to our error, you must tell us immediately after the advertisement is placed and we will place it again at our cost. If it is a repeat advertisement, we will only do this if you tell us about the error immediately after the advertisement is first placed.
Where we fail to place an advertisement for any reason, whether or not it is within our control (including strike or equipment failure), we will reschedule the advertisement at the next opportunity on the same terms and at the same price.
If you ask us to place an advertisement for the purposes of a business, the Consumer Guarantees Act 1993 does not apply. Otherwise, the Act applies, and these terms do not limit any rights you have under that Act.
Except as set out in the last three paragraphs, we exclude all liability we may have to you. We are not liable to you for anything else caused by or resulting from anything we do or do not do, or delay in doing. This exclusion applies whatever you are claiming for (including loss of profits or business) and however liability arises or might arise if it were not for this clause.
Other terms may also apply to some of our specific services. We will tell you about those terms when you use those services. You agree to comply with those terms and should there be any inconsistency between those terms and these terms the terms of the specific services will apply.
These terms are governed by and must be construed in accordance with the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of New Zealand Courts.
Our Advertising Terms are available on our website www.timesofgeorgia.co.nz . We can change these terms at any time.