Your use of Website
o as authorised in writing by us.
You must not use any so-called ‘spider’ or similar automated software or device to use or access the Website or the Content in any way.
Where we take your subscription via the Website:
o All subscriptions require payment in advance of commencement.
o All subscription amounts are in New Zealand Dollars, (unless stated otherwise) inclusive of GST and where a physical copy is of FTD magazine is being supplied also (unless stated otherwise) inclusive of postage.
o You need to be aware that our subscriptions are non-refundable. That means that you will be entitled to receive your subscription for the full duration of the subscription that you sign up for and we have no duty to refund any of your subscription to you should you decide to cancel your subscription early.
o You must supply us with your correct address. Any error made by you is your responsibility and we are not liable for the consequences of such an error.
o It will be your responsibility to keep your contact details up to date and if you change your address or contact details you need to advise us at least 6 weeks prior to ensure that if you are receiving a print copy of FTD magazine that it is delivered to the correct address. We will have no further liability in relation to any such misdirected delivery if you do not advise us by this time.
o If you do not receive your print copy of FTD magazine and you have supplied correct delivery details then you have one month from the date it was due to be delivered to you to claim it from us or you will be deemed to have received it. Provided that your claim is made within the one month timeframe then we will arrange for a replacement copy to be sent to you and if this isn’t suitable or possible we will extend your subscription by that missed issue.
o Hayley Media Limited reserves the right to vary our publication prices from time to time and any price adjustments will be advised by letter or within the publications. Generally, at least 1 month’s notice will be given of any price adjustment and new prices will not apply to you until your next subscription cycle.
In order to make any credit card or online payment you must have the specific authority of the credit card or online payment account holder. Credit card details and payment will be processed by eWAY who are a 3rd party engaged by us to provide this service on their website.
You agree that you are over the age of 18 years or if you are not 18 years of age that you have parental consent to subscribe to the magazine and/or place advertisements with us to make this purchase.
Any expenses, costs or disbursements incurred by Hayley Media Limited in recovering any outstanding payment (including but not limited to debt collection agency fees or actual legal fees on a solicitor/client basis) shall be recoverable from you.
If you default on any payment due to us, we will be entitled to charge you penalty interest at our discretion at the rate of 2% per month or part month overdue and recharge the outstanding amount including penalty interest to your credit card until any outstanding amount is cleared.
We may also suspend your subscription or any advertising placed by with us should any payment be overdue, until the overdue amount is paid in full (including any penalty interest and costs in relation to the suspension or recovery of the overdue amount). Hayley Media Limited will not be liable to you (or any other person) for losses arising during the suspension of the service.
By submitting any material including but not limited to advertisements and listings (“User Materials”) to any areas of this Website, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to use the User Materials in any manner and in all media (whether now known or later devised) throughout the world in perpetuity. This includes the right to edit, adapt, modify, change, add to and detract from the User Materials and to use the User Materials for any purpose including commercial purposes. We also reserve the right to edit, refuse to post or remove User Materials submitted by you in our sole discretion and without notice to you with no liability to you whatsoever arising out of the removal of such User Material.
In respect to User Materials submitted by you, you warrant that:
o you are the owner throughout the world in perpetuity of all right, title and interest (including present and future copyright) in the User Materials;
o any and all constituent elements including but not limited to ideas, performances, literary, artistic and musical materials that make up the User Materials will not contravene any laws or rights of third parties (including any law relating to copyright, passing-off, defamation, contempt of court, sub judice, privacy or confidence);
o the User materials will not be, or be likely to be, misleading or deceptive or otherwise infringe the Fair Trading Act 1986 or any other stature, regulation or rule of law.
If you have any moral rights (or similar rights) in respect of User Materials submitted by you, you consent to us using the User Materials from time to time in any way we wish (even if that use is contrary to your moral rights) including making material alterations to them and exploiting them with or without attribution. Where and to the maximum extent permitted by law, you waive your moral rights in perpetuity.
You may be required to create an account or subscribe (“User Account”) before you can access certain Content, or submit User Materials. You must provide complete and accurate information when creating a User Account. It is your obligation to ensure that any such information is current and complete. You cannot use another person’s User Account and must immediately notify us of unauthorised use of your User Account. We reserve the right to co-operate with any legal order, direction or request to disclose the identity or other information relating to anyone posting User Materials which violates any law.
- submitting User Materials that are unlawful, false, misleading or deceptive, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another’s right of privacy;
- impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;
- submitting User Materials that you do not have a right to reproduce, display or transmit or that infringe the rights of any person or entity;
- submitting User Materials that contains a virus or corrupted data;
- posting, uploading or transmitting any form of spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized or unsolicited advertising or promotional materials;
- using any device, software or routine that interferes with or attempts to interfere with the proper functionality of the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website or the Content or for the purpose of creating derivative works from the Website;
- attempting to create an unauthorised database (electronic or otherwise) that includes material from the Website or the Content; and
- unauthorised transmission or recirculation of the Website or Content.
The Website may from time to time run competitions, prize draws and other promotions and offers on the site. These will be subject to additional terms and conditions which will be made known to you.
The Website may contain links or other connections to websites operated by parties other than us (“Links”). These Links are provided for convenience only. If you use a Link to access a third party website, you do so entirely at your own risk. Our inclusion of Links or other connections to third party websites does not imply any endorsement of the material on them or any association with their owners or operators. Websites accessed via Links may contain advertisements by other people. These advertisements are not recommendations or endorsements by us and we are not responsible for the products and/or services being advertised.
Disclaimer and limitation of liability
We do not warrant or make any representation regarding your access to, or the results of your access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
We also do not endorse any User Materials or any opinion, recommendation or advice contained in them and we accept no responsibility for the content of any such User Materials (including without limitation any error, omission or inaccuracy contained in them).
Under no circumstances (including without limitation, any act or omission on our part) will we (or our affiliates) be liable for any indirect, incidental, special and/or consequential damages or loss whatsoever which results from any use of or access to, or any inability to use or access, this Website, any Content, or any User Materials.
Where you are given the opportunity on the Website to enter into agreements with third parties, we are not liable for and we take no responsibility for any contract entered into by you with any third party.
Certain laws may not allow the exclusion of some conditions and warranties and in that case some of the above exclusions may not apply to you if and to the extent they are not permitted by law.
This Website is controlled from our offices in New Zealand. We make no representation that the Content in this Website is appropriate or available for use in other locations. Those who choose to access this Website from locations outside New Zealand do so at their own initiative and are responsible for complying with local laws.