Business Search NZ

Definitions
1. “Advertiser” means a person or entity submitting information for their business profile that is displayed as part of the BusinessSearchNZ directory.
2. “Publisher” means The Auckland Regional Chamber of Commerce.
Terms applying to all material submitted for publication.
1. Publisher’s Rights: All material submitted for publication is subject to the Publisher’s approval. The Publisher may alter, reject or withdraw any material without giving reasons. Warranties: The Advertiser warrants that advertisements submitted to the Publisher comply in all respects with the provisions of the Advertising Codes of Practice issued by the Advertising Standards Authority Inc (“ASA”) and with every other applicable code or industry standard governing or affecting advertising in New Zealand, whether issued by the ASA or otherwise.
2. The Advertiser also warrants as follows for all material submitted to the Publisher for publication.
  - The material does not contain any matter that is misleading or deceptive, or likely to mislead or deceive, or that otherwise contravenes the Fair Trading Act 1986 or similar legislation.
  - The material does not contain any matter that is defamatory or indecent, or that otherwise offends against generally accepted community standards, or is likely to bring the Publisher, or any of its staff or publications, into disrepute.
  - The material does not contain any matter that constitutes a breach of copyright or an infringement of a registered trade mark or registered design or that otherwise infringes any intellectual or industrial property rights.
  - The material is not in breach of any provision of any statute, regulation, by-law or other rule or law.
  - Publication of the material will not give rise to any claims against or liabilities for the Publisher.
3. Responsibility and Indemnity: Advertisers must immediately advise the Publisher of any error in material they have submitted for publication or had published. The Advertiser indemnifies and keeps indemnified the Publisher against all claims, costs, damages and expenses arising directly or indirectly from:
  - The content of material submitted for publication (including errors in it);
  - The above warranties, or any of them, being untrue or ceasing to be true;
  - The Publisher having to alter the material submitted, for any reason.
Advertisements
1. Advertising Rates: if Advertisers choose to subscribe to more than the free listing they will be charged at the Publisher’s current advertising rates as at the date the subscription is made. Information about current advertising rates is available from the Publisher on request. On no account will the publisher pay any commission or discount to any agent or representative of the advertiser.
2. Specification Work: The Publisher reserves the right to make all and any modifications which in its opinion are necessary to bring an advertisement within the Publication Specifications. The Publisher may charge for any work carried out to bring an advertisement within its specifications at its then current rates or, if the work is done externally, at the rate charged to the Publisher by that party.
3. Terms of Sale and Payment: All advertising space is sold subject to these Terms and Conditions of Sale. Accounts must be paid in full on or before the 20th of the month following the date stated in the Publisher’s invoice.
4. Discounts: A frequency discount may apply if an Advertiser books advertising space for more than one issue. If a booking is cancelled or varied:
  - No frequency discount will apply to that booking; and
  - The Publisher may invoice the Advertiser for an amount equal to the frequency discounts previously credited to the Advertiser for that booking.
5. Publisher’s Rights: If full payment of any account is not received by the Publisher by the due date for payment then, without prejudice to the Publisher’s other rights and remedies, the Publisher may reallocate to another advertiser any advertising space booked by the Advertiser; and recover from the Advertiser all costs incurred by the Publisher in recovering debts owed to it by the Advertiser.
General
1. Limitation of Liability: The Publisher accepts advertisements for publication on the condition that the Publisher’s liability to the Advertiser or any other person (in tort, contract or otherwise) for loss or damage in respect of any omissions, delays, errors or inaccuracies (whether caused by negligence or otherwise, howsoever caused) shall be limited to the cost of the advertising space booked for the relevant advertisement.
2. Governing Law: These terms and conditions are governed by New Zealand law and the New Zealand courts shall have full and exclusive jurisdiction to determine any dispute which may arise under these terms and conditions.