NORTH & SOUTH MEDIA LIMITED TERMS AND CONDITIONS
1. Acceptance of Terms and Conditions
a. These Terms and Conditions are the terms on which North and South Media Limited (“NSML”) offers you subscription services to, and access to any articles online published on, the North and South magazine (“Magazine”). By subscribing to the Magazine you accept these Terms and Conditions and confirm that you understand them. If you do not accept these Terms and Conditions, you must refrain from subscribing to the Magazine.
b. On your becoming a subscriber to the Magazine, a legally binding Agreement is formed between you and NSML based on these Terms and Conditions, and that Agreement governs your use of the subscription.
c. The Subscriber shall give NSML not less than fourteen (14) days prior written notice any change in the Subscriber’s name and/or any other change in the Subscriber’s details (including but not limited to, changes in the Subscriber’s address, email address, or business practice). The Subscriber shall be liable for any loss incurred by NSML as a result of the Subscriber’s failure to comply with this clause.
2. Amendment of Terms and Conditions
a. We may amend these Terms and Conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended Terms and Conditions. We will exercise our reasonable endeavours to notify you of any changes. However, you are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued subscription to the Magazine represents your acceptance of the Terms and Conditions as amended.
3. Additional Terms and Conditions and Policies
4. These Terms and Conditions were last updated 6 November 2020.
a. In these Terms and Conditions, the following expressions have the meanings as set out below:
“Magazine” means the North and South magazine as published by North and South Media Limited;
“Paid in Advance Customer” means a Subscriber (as defined below) who has paid NSML for its Subscriptions or Services ahead of delivery of the Subscription or supply of Services, in such a manner as agreed with NSML.
“Services” means all services supplied by NSML to the Subscriber and includes, but not limited to, Subscriptions (as defined below) and any other service to be supplied in the future by NSML.
“Subscriber” and “Subscription” means a subscriber of, or a subscription to, the North and South Magazine;
“we”, “us” and “our” are a reference to NSML;
“you” and “your” are a reference to you;
“Website” means any NSML website through which the Services are offered.
“Working day” means any day in Auckland New Zealand that is not a Saturday, Sunday, Public Holiday, or falls on or between 25 December and 5 January.
a. You expressly understand and agree that:
· your use of the Services is at your sole risk. The Website and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law and without limiting this clause, NSML disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
· NSML does not warrant that:
- the Services provided will be uninterrupted, timely, secure, or error free, or
- that any information (including feedback) provided on the Website is error-free or reliable;
· no advice or information that is obtained by you from NSML or anyone else shall create any warranty by NSML that is not expressly stated in the Terms and Conditions; and
· while NSML has systems in place to reduce the risk of credit card fraud, NSML is not responsible for protecting Subscribers from credit card fraud.
GENERAL CONDITIONS OF USE
7. Limitation of Liability
a. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of NSML to you or any other person under or in connection with these Terms and Conditions, or in connection with the Services and the Subscription, another Subscriber’s acts or omissions whether on NSML’s social media accounts or otherwise, or your use of or inability to use, the Services or the Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. NSML’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
a. You agree to release, indemnify and keep NSML (and our NSML employees) indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your failure to comply with these Terms and Conditions.
9. Becoming a Subscriber
a. You may only register as a Subscriber if you can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a Subscriber, you warrant that you can form a legally binding contract.
10. Accuracy of Information
a. You warrant that you have provided complete, accurate, and current personal information when registering as a Subscriber. You must maintain and update your personal information held by NSML to ensure it is kept current at all times. NSML may call or mail you to verify these details. You must not register as a Subscriber under multiple identities or personas (whether false or not) unless doing so is with the express written permission of NSML and for the purposes of using NSML for separate business of which you are an owner, partner or shareholder.
11. Emails, Newsletters, Messages and Notifications
a. NSML will send you emails relating to your Subscription and other activities on the Website, and for promoting and marketing other NSML products and Services to you. NSML may also send regular electronic newsletters to Subscribers. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
b. Such notifications are necessary for NSML to provide the Services. While NSML will comply with the Unsolicited Electronic Messages Act 2007, any messages that must be sent to facilitate a transaction of which you are a party will be sent, even if you have unsubscribed from communications, as these are not considered as a commercial electronic message as per s6(b)(ii) and s6(b)(iv) of the Act.
12. Renewing your subscription
a. Recurring payment by direct credit or continuous credit card authority will not expire and will renew automatically into the next subscription period. This means we will continue to deliver and charge you for such deliveries until you notify us to stop delivery.
b. NSML pre-paid subscriptions purchased will not automatically renew at the end of your subscription period. Before the end of your subscription period you will receive renewal letters asking whether you wish to re-subscribe and providing instructions on how to do so. Subscribers will also have the option to renew their Subscriptions online.
13. Termination of Subscribership
a. NSML reserves the right to decline to register or to terminate your Subscription without entering into further discussions with you. Without limiting the foregoing, NSML may terminate your Subscription if:
· if you breach any of our Terms and Conditions or policies,
· if you impersonate another Subscriber, or
· if we, at our sole discretion, deem your behaviour to be unacceptable.
b. Any Subscriber may at any time end their Subscription. If you end your Subscription, or if it is terminated by NSML, you will cease to receive Magazines under your Subscription.
14. Online communications
a. Any online publication by an author on the NSML Website or on any of NSML’s social media accounts is the opinion of the author of that publication and does not represent the view of NSML.
b. NSML does not endorse or support any particular opinion, recommendation, information, advice or anything contained in or that might be inferred from a post on the Website or any of NSML’s social media accounts. We certainly cannot and do not vouch for or guarantee the accuracy, validity, integrity or quality of any posting and we cannot ensure that harmful, inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable postings will not appear on this Website or NSML’s social media accounts. By providing you and others with the ability to comment, the Website and NSML’s social media accounts act as a passive conduit and we neither undertake nor accept any obligation or liability relating to any posting or the activities of users.
c. NSML is not responsible, liable or accountable for any comments or posts made by other Subscribers. NSML does not control, monitor, screen or edit user posts, although it reserves the right to do so and may start, stop or decide to do so, for a particular reason or for no reason at all, at any time and from time to time in our sole discretion, without notice.
15. Third party websites
a. At the Seller’s sole discretion the costs of delivery are:
i. included in the Price; or
ii. in addition to the Price; or
iii. for the Client’s account.
b. Unless otherwise agreed between the Parties in writing, subclause (i) will be followed.
c. Should you not receive your Magazine as per your Subscription within a reasonable timeframe, you must contact our customer care team and we will arrange delivery of a replacement.
Call: 0508 624748( 0508 MAGS4U)
d. Where North and South is damaged or faulty upon receipt and does not meet consumer guarantees under the Consumer Guarantees Act 1993, you are entitled to a replacement issue, refund or an extension to your current Subscription as compensation for the damaged issue, the choice of which is at the discretion of NSML. Please contact our customer care team (as above) to arrange for a replacement or an extension of your Subscription.
a. At the Seller’s sole discretion the fees shall be either as indicated on invoices provided by NSML to the Subscriber in respect of the Subscriptions supplied.
b. At the NSML’s sole discretion:
i. payment shall be due before delivery of the Magazine; or
ii. payment for approved Subscriber shall be made by instalments in accordance with the Subscriber’s payment schedule; or
iii. payment for approved Clients shall be due twenty (20) days following the end of the month in which a statement is posted to the Client’s address or address for notices.
c. Unless otherwise agreed between the Parties in writing, subclause (i) will be followed.
d. Payment will be made by cash, or by bank cheque, or by credit card, or by debit card, or by direct credit, or by any other method as agreed to between the Subscriber and NSML.
e. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
f. One-off payments using any Visa, MasterCard or American Express card may be charged an additional fee of 2% (including GST). This fee does not apply to direct debit customers.
g. You must have sufficient funds or credit facilities to cover the full cost of each Subscription. We reserve the right to obtain validation of your payment details before fulfilling your Subscription, and carry out reasonable security checks from time to time.
h. We are not responsible for and will not reimburse you for any charges, duties, fees or taxes that your financial services provider charges you for currency conversions or administration fees.
i. NSML may, at our discretion, offer a discount on the its fees listed. In this case, the specific Terms and Conditions related to the agreement between NSML and the Subscriber may apply in addition to the Terms and Conditions stated herein or as otherwise stated in the agreement between NSML and the Subscriber.
j. NSML may (at our sole discretion) refund a fee charged or provide an extension of the Subscription to a Subscriber as appropriate. However, this will be decided on a case-by-case basis. Alternatively, you can transfer your remaining Subscription to a nominated party. Cash refunds will not be issued.
k. We will endeavour to send you notification of any price changes which may affect you. For paid in advance customers, price changes may take effect on renewal or on your next subscription period, with 10 working days written notice.
18. System Integrity
a. NSML will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, NSML takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Website or Services being unavailable. Furthermore, NSML assumes no responsibility for the corruption of any data or information held by NSML.
19. Force majeure
a. NSML has no liability for any lack of performance, unavailability or failure of the Services or Website, or for any failure of NSML to comply with these Terms and Conditions where the same arises from any cause reasonably beyond the control of NSML. This includes, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, or pandemics, and interruptions, loss or malfunctions of utilities.
20. No waiver of rights
a. If we do not exercise or enforce any right available to us under these Terms and Conditions, it does not constitute a waiver of those rights or our right to act with respect to subsequent or similar breaches.
21. Partial invalidity
a. If any provision of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms and Conditions, which shall continue in full force and effect.
22. Governing law
a. These Terms and Conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
23. Intellectual property rights
a. NSML (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website and Services (including text, graphics, logos, icons, video and sound recordings) and the software and other material underlying and forming part of the Services, the Website and the Applications.
b. You may not, without our prior written permission, in any form or by any means:
- Adapt, reproduce, copy, sell, distribute, print, display, perform, publish or create derivative works from any part of the Website or Services; or
- Commercialise, copy, or on-sell any information, or items obtained from any part of the Website or Services.
24. Entire agreement
a. These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement between the parties relating to the subject matter of these Terms and Conditions.
26. How to make a complaint
a. If you wish to make a complaint about the way in which we handle your personal information, please contact our Privacy Officer using the contact details set out below. We undertake to acknowledge and investigate any complaint promptly and will respond to written complaints within a reasonable time from the date of receipt.
Privacy Officer contact email: firstname.lastname@example.org
b. If you are dissatisfied with our response, you may refer the matter to the New Zealand Privacy Commissioner (see www.privacy.org.nz). If you are dissatisfied with our response in relation to the way in which we handle your personal information in the course of our journalistic activities, you may refer the matter to the New Zealand Press Council (see www.presscouncil.org.nz).