The company means KidsLink Ltd a duly incorporated company having its registered office at 6A David Sidwell Place, Whangaparaoa, Auckland.
The “customer” means any purchaser of any company products or services.
The “application” means any application for the company’s products or services.
“Promotional services” means the publishing by the company of the customer’s business information in one or more of the company’s products.
2. Customer Warranties & Indemnity
2.1 The customer warrants and undertakes to the company that no material, statement, representation, or information contained in the customer’s promotional page:
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 and the customer’s declaration in agreeing to provide the promotional services. Any breach by the customer of clause 2.1 and/or the declaration may result in the company removing the customer’s information from the website without notice and no compensation or refund shall be payable by the company to the customer for any Site Establishment & Copywriting Fee or unexpired portion of the Annual Placement Fee whether or not the Annual Placement Fee has been paid in full.
2.3 In consideration of the company performing the promotional 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 remove, correct, alter, amend, or otherwise change the information published for the customer.
Unless otherwise stated, the prices specified in the application are exclusive of GST. This will be added to the amount of the application and will be paid for by the customer.
4.1 The company will invoice for all applications at the time of sale.
4.2 Payment of the Site Establishment & Copywriting Fee (if applicable) is payable at the time the application for promotional services is made. No application shall be considered until such time as payment of the Site Establishment & Copywriting Fee is made in full. In the event that the Company refuses an application (see Clause 5 below), the Site Establishment & Copywriting Fee shall be refunded less 20% to cover administration costs in processing the application.
4.3 Liability for payment of the Annual Placement Fee commences one month after notification of acceptance of the Customer's application.
4.4 Any cost incurred collecting overdue monies will be borne by the customer.
4.5 The company will hold on trust in a separate Bank Trust Account any monies paid to it as a donation to the KidsLink "Help for Kids" Programme.
5. Right to Refuse an Application
The company reserves the right to refuse any application or publish any information supplied by the customer and will not be liable for such refusal. This refusal could be for any reason, or for no reason, including (but not limited to) because:
a) the company considers that the publishing of the provided information could result in a breach of law or code of practice or because the provided information 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 application is completed according to the customer’s instructions, the company accepts no responsibility for errors, misclassification, early, late, or non-insertion of information 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 information provided 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 application 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 makes an application 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 Customer’s Information
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 Application
All applications 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 www.KidsLink.co.nz/join-us/terms-of-trade (or any successor URL). Any change applies from the date it is published on the company’s web site. These Terms and Conditions apply to every promotional space provided to 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. Promotional Proofs
Proofs will be supplied for logos designed by or on behalf of the company and for text written by the company.
12. Term, auto-renewal and Cancellation
12.1 This application 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 application 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) 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.
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.
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.