Linku2 General Business Terms and Conditions and Privacy Statement 2018
The following terms and conditions apply to and are relied on by Linku2 Limited and all related Linku2 subsidiary companies and our associates in relation to all advertisements and material we accept for publication, except where we agree otherwise in writing.
©Linku2 Limited 2010-2018
- Change of Mind – If a client instructs advertising but changes their mind within 24 hours of instruction no payment is due. Any change of mind after 24 hours of instruction, whether by phone, fax or email, will incur a $50 + GST set up fee.
- Changes to Adverts – A copy of proposed print adverts and articles will be forwarded to a client before print commences. If no advice of changes is received prior to any deadline specified in the email forwarding the proof copies and print commences, any payments for advertising remain due and payable regardless of whether requested changes have been implemented. If no deadline is given by Linku2 before print then Linku2 will use the forwarded proof and payment will become due regardless of whether the advert has been approved.
- Advertisement and Material Submissions – In Linku2 acceptance of material for publication, and in publishing it, Linku2 are doing so in consideration of and relying on the provider’s warranty, which is essential to be true, that the advertisement does not contain anything that is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Fair Trading Act 1986; or is defamatory or indecent or which otherwise offends against gene accepted community standards or may breach the Human Rights Act; or infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights; or breaches any provision of any statute, regulation, by-law or other law; and the advertisement complies in all aspects with the Advertising Code of Practice issued by the Advertising Standards Authority Inc (ASA) and all other code or industry standard relating to advertising in New Zealand; and Publication of the advertisement will not give rise to any liability on our part or in a claim being made against us.
- Your Order - Your order must contain a physical address, an email address and a telephone number for us to confirm and process the service you require. Failure to provide these will not avoid any issued payments.
- Liability - You agree to indemnify us against all losses or costs arising directly or indirectly from any breach of your warranties and from any costs incurred in our making corrections or amendments in accordance with the terms that follow.
- Copyright - By supplying or placing an advertisement for publication we are granted perpetual, royalty free license to reproduce the advertisement in any publication, electronic advertising media or social media promotion offered by us now or in the future. Where you utilise our services to design or produce any advertisement or material (including photographic material or design work) then you must acknowledge we own the copyright in such work. Copyright in this website is owned or licensed by us. You may not, without prior written permission, reproduce, store, distribute, print, display, perform, publish or create, in any form, work from any part of this website. You may not on-sell or commercialise any information obtained from any part of this website without prior written permission. Copyright © is held by us over all Linku2 website pages and content. In accordance with international copyright law, everything is copyrighted, whether or not it includes a copyright notice. Just because you don't see the copyright sign doesn't mean copyright doesn't exist. Much of what you see on the World Wide Web is copyright material. If you wish to use or copy the material from this site you must obtain clearance to do so. Contact us direct for further information. Copyright protects the original skill and effort of an author of original artistic, literary, dramatic or musical work from replication of that work and gives the author or organization the right to take action for unauthorized use of that work. Any work you provide us with we assume you have copyright to use. If this is not the case this is not our responsibility and Linku2 is not liable for prosecution for any copy provided by you that is not your own copyright material. Our own use of material, if not our own, will contain a link and/or acknowledgement of copyright to the original owner. Our failure to do this does not make us liable for prosecution unless we do not amend any error within 72 hours of notice in writing of the error from the copyright owner Note clause 16 below regarding copyright infringement by Linku2.
- Logos and Trademarks - Certain names, logos, designs, titles, words or phrases on our pages may constitute trademarks, service marks or trade names and are protected by law.
- Copyright Infringement - If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Linku2 the following information. Please be advised that to be effective, the Notification must include ALL of the following (a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and email address and all other information reasonably sufficient to permit Linku2 to contact you; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If Linku2 is found to be in breach of copyright but takes action to remedy the situation within 72 hours of confirmation of copyright breach no further action shall be taken by the copyright claimant.
- Usage - This website is intended to be used to advertise and search for business information and information relating to the local region for each specific Linku2 site and provide generic information based on topical sections as researched by Linku2 in the format of articles. Downloading data in mass format is strictly forbidden. Business information for the sites has been purchased or researched legally and copyright is owned by Linku2 Limited. Any information or articles used by Linku2 which are not originally generated will make reference and links where possible to the originator of the information and through this acknowledge their copyright in the work. If you have any questions regarding the rights granted to use the data on this website, contact Linku2 direct. Any case of download of our material will be regarded by Linku2 as a breach of our own copyright and prosecution may ensue. If any entity wishes to use information from the Linku2 websites permission must be obtained and if granted copyright acknowledgement, including back links must be clearly used in the reproduction of the material.
- Use of Client submitted articles – Linku2 welcome articles submitted by clients for publication however take no responsibility with regard to the copyright of that material. If this is not original material from the submitting client, and copyright proceedings ensue, Linku2 have no responsibility and full defence of the copyright issue including all costs and subsequent damages lies with the client who submitted the information. Linku2 will not be responsible however, will abide with the withdrawal of any publications if instructed in relation to the breach. If withdrawal and re-issue of any publication(s) is required this will be undertaken at the cost of the client involved in the copyright breach
- User Participation - Linku2 Limited attempts to review all materials posted to our sites, however we offer no guarantees. Linku2 is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Linku2 is acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. Linku2 does however reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Linku2 or any user at its sole discretion. Note that any personally identifiable information posted or transmitted will be treated by Linku2 with full privacy but Linku2 is not responsible for personal information that is posted that is subsequently used by any third party.
- User Submissions - Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this website will be considered non-confidential and non-proprietary. Linku2 will have no obligations with respect to the material, information or other communication. Linku2 and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the information and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
- Third Party Links - In an attempt to provide increased value to our visitors, this website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. However, even if the third party is affiliated with Linku2, Linku2 has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Linku2. Linku2 has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Linku2 sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such external sites. Nonetheless, Linku2 seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own website, but for sites it links to as well (including if a specific link does not work).You should contact the website administrator or Webmaster for those external sites if you have any concerns regarding such links or the content located on such external sites.
- Permissions, Reprinting and Reposting - Unless otherwise specified, written permission must be obtained for the following types of use: Sales or commercial use: Reproduction in magazines, books, flyers, etc. Use of material in derivation works. Reprinting or publishing pictures, graphics, animations, video, audio, etc, mass distribution by email, printed copies or in any other form, framing any page on our site in a page on another site, posting of pages, content, etc on another website or news group. If you wish to let a news group or visitor know about a page then post the URL.
- Right to Refuse or Withdraw Advertising – Linku2 may refuse to publish, or withdraw your advertisement from publication without giving a reason.
- Prohibited Advertisements and Phrases - There are certain advertisements which are prohibited, these include pyramid or other commission jobs which do not involve the sale of legitimate product, jobs which do not provide full details of the product or service involved, jobs which promote gambling, gambling websites, or gaming activities that breach the Gaming and Lotteries Act, jobs involving activities, products or services which may be considered offensive or illegal advertisements that imply that the advertiser intends to unlawfully discriminate are prohibited by the Human Rights Act 1993. Discrimination may be unlawful if it is based on any of the following grounds: Sex, including pregnancy, marital status, religious beliefs, ethical beliefs, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status or sexual orientation. The following terms are prohibited from advertisements: Single applicants only, married man required, unmarried mother, de facto couples only, no gays, no queers, straights only, no Maoris, New Zealanders only, the use of the words he, she, male, female, girl, boy, woman, man, no children. An advertisement cannot ask for New Zealand citizenship however it may ask for authority to work in New Zealand. Linku2 is not liable for any action taken against a party if any of the above terms are used but not removed by Linku2.
- Linku2 Rights to Vary Format and Placement - We may publish your advertisement on the next available day if there is an error or delay in publication of the advertising as pre-booked. We reserve the right to correct or amend advertising. We reserve the right to correctly classify and edit all copy. Only standard abbreviations are acceptable. If we are unsure of the validation of an abbreviation we recommend spelling the word out in full.
- Linku2 Rights to Vary Format and Placement of Submissions – Linku2 reserves the right to make amendments to any submissions to our website whether they be competition entries, article submissions, stories or whatever for editing purposes. If you do not agree with the changes made or feel that these changes alter the meaning of your submission then please contact us immediately and further amendment can be sought. If you are not satisfied with the advertising as placed on site and as reported to you advise within 5 working days of the report otherwise acceptance is deemed granted. Dissatisfaction with advertising layout or set up will not be accepted as a reason for non-payment of any account if not advised within the prescribed 5 days of the report issue.
- Errors - You must contact us within 5 days if there is an error or omission in the advertisement you placed. We will not be liable for any indirect or consequential loss (including any losses relating to revenue or profit) from any error, omission or failure to publish and if we are found to have any direct liability for any circumstance, then liability will be limited to the cost of the space or plan of the advertisement within our website or print area. We will only investigate complaints during the hours of 9.00am to 4.00pm , Monday to Friday, excluding Public Holidays.
- Cancellation - For any advertising to be cancelled the advertiser must contact Linku2 directly in writing and must give one month notice. Non-payment of an automatic payment, Debit Smart payment, Paypal payment or invoice will not constitute cancellation of the advertising as agreed with Linku2 until this has been confirmed by both parties. No refunds are available on any Linku2 advertising or promotions unless by prior agreement with Linku2. The removal of advertising from site by Linku2 due to non-payment of fees or through any other dispute does not render any outstanding debt cancelled. The debt is still due in full or amended state as in agreement with Linku2 only.
- Advertising Rates and Terms - The charge for an advertisement will be in accordance with the rates applying at the time of publication, unless otherwise agreed with us in writing. Our rates can be varied at any time by us without notice or reason, however every effort will be made to advise you within the site (or personally if possible) before your payment. GST will be applied at the standard rate to advertising placed by all New Zealand resident and non-resident advertisers. Our rates quoted vary as to whether GST has or has not already been included. Please see individual advertising rate cards for determination. If nothing is stated then GST will be added to the amount concerned.
- Warranty of Service and System Integrity - We give no warranty that: The services we provide will be uninterrupted, timely, secure or error free. However we will endeavour to do our best in all the above. The information provided by yourselves and reproduced by us on the website is free from error or reliable. The quality of any items obtained pursuant to the services provided will meet your particular requirements. We will make the best possible effort to ensure the best possible availability and quality of the Linku2 website and services, however we take no responsibility for any lack of system availability, or any losses that are incurred as a result of site availability or performance.
- Unsolicited Electronic Messages Act 2007 - In accordance with the Unsolicited Electronic Messages Act 2007, the following circumstance are considered acceptance to receive emails from Linku2 - Signing up and becoming a Linku2 client, joining our Membership by registering with Linku2, addition by us of your information to a database for a specific purpose with our specific notice to you clearly offering you the opportunity to unsubscribe. Cancelling advertising or unsubscribing from the membership does not indicate automatic non receipt of future emails, although Linku2 will do our best to ensure this is noted. A specific request to unsubscribe should be received. All attempts will be made to locate any registrations if a request is received to unsubscribe, however, Linku2 takes no responsibility if a registration link is unable to be located in our database.
- Disclaimer - Linku2 makes no warranties or representations about the accuracy or completeness of this website's content or the content of any site or external sites. Whilst Linku2 makes every effort to monitor all material and links to this site, Linku2 does not take responsibility for any advertisements or other content that children may view through our website or linked sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software. Linku2 also encourages anybody, parents or children, to advise us immediately if they feel something within our site or a link is inappropriate and Linku2 will investigate, and if felt appropriate, will delete all reference as soon as possible. Linku2 is not responsible for any claims made by an advertiser about their product or service and will not be held responsible in any way whatsoever for false claims made by an advertiser on the Linku2 website.
- Changes to our Terms and Conditions – Linku2 Limited reserves the right to change these terms and conditions at any time. They apply to all orders placed by the customer to the exclusion of any alleged term and conditions of the customer. Notice will be sent by email to our clients as listed at the date of the change. Claim of non-receipt will not constitute a reason to not follow any Term changes
- Consumer Guarantees Act 1993 - 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.
- Limit of Liability – Linku2 Limited, nor any of its employees, agents or representatives makes any claim or representation concerning the Linku2 Hibiscus Coast Limited database information. The maximum liability of Linku2 for any claim for misrepresentation, breach of contract, tort, or otherwise, whatsoever, will be limited to the amount of the fee paid by the customer. In no circumstances whatsoever will Linku2 be liable for any consequential indirect loss or for any other losses, costs, demands, claims, damages, expenses and/or legal costs whatsoever that may occur as a result of the supply to, or use of, the Linku2 database information. With regard to print services Linku2 advises that considerable effort is always made to ensure that the information provided in any publication is accurate, up to date, and otherwise adequate in all respects. Nevertheless, the information is made available to users of the particular publication and all other persons and entities STRICTLY on the basis that Linku2 and all other persons responsible for the publication, or associated with the compilation, writing, editing, approval or publication of, or any other kind of work in connection with, the information disclaim any and all responsibility for any inaccuracy, error, omission, lateness or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and without limiting as above, fully exclude any and all liability of any kind, on the part of any and all of them, to any person or entity (whether a user of this publication or not) that chooses to rely upon the information. Further Linku2 will only be liable in any cases for the amount of the cost of the error, omission or oversight on the part of Linku2 if proved and upheld before the law.
- Contact Information - You can contact us at: Email: firstname.lastname@example.org - Phone: 0064-9-428-0204 - Postal Address: P O Box 747, Whangaparaoa, New Zealand - Physical Address: 45 Tindalls Bay Road, Whangaparaoa. For further details on this page please contact Linku2 direct.
©Linku2 Limited 2010-2018