GENERAL ADVERTISING TERMS AND CONDITIONS
Effective as of 4 June 2018
1.We (The Physical and Beyond Limited) place advertising material for publication on our Websites on behalf of advertisers and advertising agencies (you), subject to these Terms. In these Terms, the terms ‘us’, ‘we’ and ‘our’ mean The Physical and Beyond Limited, and our related entities.
2.These Terms apply to all advertising submitted for publication on our Websites unless otherwise agreed to in writing and signed by both us and you.
3.By submitting advertising material for publication on our Websites you agree to be bound by these Terms from the date on which you submit advertising material for publication.
4.These Terms may be changed or updated from time to time. Your continued submission of advertising material for publication represents your agreement to be bound by these Terms as amended from time to time. For that reason, you should continue to review these Terms whenever you submit advertising material for publication. If you do not accept any change to these Terms then you must cease submitting advertising material for publication.
Publication of Advertising Material
5.You may provide your own advertising material to us for publication on our Websites. We will not be liable for any loss or damage to such material while it’s in our possession.
6.You grant us a non-exclusive, royalty-free, perpetual, worldwide, transferable and sub-licensable licence to reproduce the content of any advertising material submitted to us for publication in any format.
7.We may refuse to publish or withdraw advertising material from publication from our Websites at our sole discretion.
8.We have the right to, at our sole discretion, reasonably alter or require you to alter any advertising material for publication on our Websites.
9.Where we require advertising material to be altered for publication on our Websites, we may delay publication of the advertising material until we deem the advertising material suitable for publication.
10.The positioning or placing of any advertising material on our Websites is at our discretion except where otherwise explicitly agreed to in writing and signed by us and you.
11.If there is an error or omission in any advertising material placed on our Websites on your behalf that you would like corrected, you must notify us in writing by email to email@example.com as soon as possible.
12.If you wish to cancel an advertisement, you must notify us in writing by email to firstname.lastname@example.org.
13.No refund will be given for advertisements cancelled under clause 12 unless otherwise agreed to in writing and signed by us and you.
14.The length of time and date from which an advertisement will be published on our Websites will be in accordance with those stated on the applicable Rate Card, unless we deem the advertising material needs to be altered or removed in any way.
Pricing and payment
15.The price payable for publishing an advertisement on our Websites will be in accordance with the Rate Cards available at the time the advertisement is submitted to us for publication, unless otherwise agreed to in writing and signed by us and you.
16.Prices specified in Rate Cards will be in New Zealand dollars, plus GST at 15% for New Zealand residents, and at 0% GST plus a conversion fee for non-New Zealand residents.
17.Rate Cards may be adjusted by us from time to time.
18.Payment is due at the time an advertisement is submitted to us for publication.
19.Advertisements accepted for publication will not be published on our Websites until payment for publication is received by us.
20.Payment will be made to us through either Paypal or New Zealand internet banking.
21.You warrant that any advertising material you provide for publication on our Websites:
a.does not contain anything that:
i.is misleading or deceptive or likely to mislead or deceive, or which otherwise breaches the Fair Trading Act 1986 or other statute, regulation, code, by-law or rule of law;
ii.is obscene, defamatory, illegal or indecent, or which otherwise offends against generally accepted community standards;
iii.infringes the Intellectual Property Rights of any person; or
iv.breaches any right of privacy or confidentiality,
b.complies in every way with the Advertising Code of Practice issued by the Advertising Standards Authority Inc. and with every other code or industry standing relating to advertising in New Zealand;
c.will not give rise to any liability on our part or in a claim being made against us in New Zealand or elsewhere; and
d.does not include any cookie, tracking tag or other tracking device.
22.You indemnify us (and our officers, employees and agents) against any proceedings, demands, losses, liabilities, damages, costs, claims or expenses whatsoever (including consequential loss and special damages) arising directly or indirectly from your advertisement or through your breach of these Terms.
23.Except as expressly provided in these Terms, to the fullest extent permitted by law, we exclude all warranties, representations and conditions whether implied by law, trade, custom or otherwise. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire or hold yourself out as acquiring goods or services from us for the purpose of a business.
24.We will not be liable for any loss including any loss of revenue or profit and any indirect or consequential loss arising from or in relation to any error or omission in publishing or failure to publish advertising material on our Websites.
25.You acknowledge that you have not relied on any representation made by or on behalf of us in connection with the advertising aside from that which is set out in these Terms and our related terms and conditions.
26.If we are found to have any liability in any circumstance, that liability is limited to the cost of the advertising space for the relevant material.
27.Where we provide creative services in the design or production of advertising material for you (including photographic or design work) you acknowledge that we own the Intellectual Property Rights in such work and that such work is not work for which a commission payment has been made or agreed. You may not use any such advertisement for any other purpose unless otherwise agreed to in writing and signed by us and you.
28.Either party may disclose information of a confidential nature to the other in the course of carrying out their obligations under or enforcing their rights in connection with these Terms (Confidential Information).
29.You undertake to keep the Confidential Information confidential and not disclose any Confidential Information without our prior written consent, and to ensure your officers, employees and agents also observe the terms of this clause 29.
30.You indemnify us (and our officers, employees and agents) against any proceedings, demands, losses, liabilities, damages, costs, claims or expenses whatsoever (including consequential loss and special damages) arising directly or indirectly as a result of any unauthorised disclosure of Confidential Information.
31.These clauses 28-31 will continue in full force until the Confidential Information has entered the public domain through authorised disclosure.
32.You will not disclose or use any User Information you may obtain in carrying out your obligations or enforcing your rights in connection with these Terms for any purpose other than for the publication of your advertising material on our Websites.
34.All content that is submitted or displayed on our Websites is also subject at all times to our Website Terms and Conditions.
35.You may not assign your rights under these Terms to any third party.
36.These Terms set out the entire agreement between us and you in relation to advertising material for publication on our Websites unless otherwise agreed to in writing and signed by us and you.
37.These Terms shall be construed and applied in accordance with the laws of New Zealand, and you consent to the non-exclusive jurisdiction of the New Zealand Courts to determine any matter or dispute which arises under these Terms in accordance with the laws of New Zealand.
38.If any provision in these Terms is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and the remainder shall not be affected.
GST means New Zealand Goods and Services Tax.
Intellectual Property Rights means all trade marks, domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases, content and lists, rights in inventions, know-how, and trade secrets and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, and all rights of action, powers and benefits of the same.
Rate Cards means list of chargeable rates for various advertisements provided on our Websites.
Terms means these General Advertising Terms and Conditions.
User means anyone that accesses the Websites for any reason, including advertisers, contributors and/or readers.
User Information means User’s personal information.
Websites means the websites with the domain names www.spiritworldtimes.com, http://spiritworldtimesuk.com/ and http://spiritworldtimesnz.com/.