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Destination
Orewa Beach Website
Terms, Conditions and Privacy Statement
The following terms and conditions apply to
and are relied on by Mainstreet Orewa Inc,
T/A Destination Orewa Beach and our
associates in relation to all advertisements
and material we accept for publication,
except where we agree otherwise in writing.
Forms of Payment and Notice of Termination –
one
option is available for payment to
Destination Orewa Beach. Method of payment
is one annual payment by Direct Credit or
cheque in advance of advertising placement.
Fees vary according to option selected (for
current fees please refer to our pricing
schedule). Payments of all invoices are due
within 7 days of issue. Destination Orewa
Beach terms and conditions are available on
site and acceptance of these terms is deemed
granted when acceptance of advertising is
undertaken. A physical copy may or may not
be posted, if not posted this is not deemed
as non-acceptance of the terms.
Advertisement and Material Submissions
- In our acceptance of your material for
publication, and in publishing it, we are
doing so in consideration of and relying on
your 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 general
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.
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 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 web site 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. The copyright © notice
on pages in the Orewa beach web site
maintains the copyright on all of the pages.
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.
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 Destination
Orewa Beach the following information.
Please be advised that to be effective, the
Notification must include ALL of the
following:- a physical or electronic
signature of the person authorized to act on
behalf of the owner of an exclusive
copyright that is allegedly infringed; a
description of the copyrighted work that you
claim has been infringed; a description of
where the material that you claim is
infringing is located on the Site; your
address, telephone number, and email address
and all other information reasonably
sufficient to permit Destination Orewa Beach
to contact you; a statement by you that you
have good faith and belief that the disputed
use is not authorized by the copyright
owner, its agent, or the law; 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. Usage - This web site is intended
to be used to advertise and search for
business information and information
relating to the Orewa Beach and the wider
region. Downloading data in mass format is
strictly forbidden. If you have any
questions regarding the rights granted to
use the data on this web site, contact
Destination Orewa Beach direct.
User Participation
– Destination Orewa Beach does not and
cannot review all communications and
materials posted to or created by users
accessing the Site, however we will always
endeavour to read and vet as much
information as possible. Destination Orewa
Beach 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,
Destination Orewa Beach 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. Destination Orewa Beach 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 Destination Orewa Beach at
its sole discretion. Note that any
personally identifiable information you may
post or transmit will be treated by
Destination Orewa Beach with full privacy.
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 web site will be considered
non-confidential and non-proprietary.
Destination Orewa Beach will have no
obligations with respect to the material,
information or other communication.
Destination Orewa Beach 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 web site 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
Destination Orewa Beach, Destination Orewa
Beach has no control over these linked
sites, all of which have separate privacy
and data collection practices, independent
of Destination Orewa Beach. Destination
Orewa Beach has no responsibility or
liability for these independent policies or
actions and is not responsible for the
privacy practices or the content of such web
sites. These linked sites are only for your
convenience and therefore you access them at
your own risk. Links do not imply that
Destination Orewa Beach 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, Destination
Orewa Beach seeks to protect the integrity
of its web site and the links placed upon it
and therefore requests any feedback on not
only its own web site, but for sites it
links to as well (including if a specific
link does not work).You should contact the
Destination Orewa Beach web site
administrator or Webmaster for those
external sites if you have any concerns
regarding such links or the content located
on such external sites.
Permission’s, 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 web site
or news group. If you wish to let a news
group or visitor know about a page then post
the URL, not the page. Don’t violate
copyright!
Right to Refuse or Withdraw Advertising
– Destination Orewa Beach 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.
Destination Orewa Beach 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.
Destination Orewa Beach Rights to Vary
Format and Placement of Submissions
– Destination Orewa Beach reserves the right
to make amendments to any submissions to our
web site whether they are 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 the site and as
reported to you, you must advise Destination
Orewa Beach within 7 working days of the
report otherwise acceptance is deemed
granted.
Errors
- You must contact us within 7 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 of the advertisement within our web
site. We will only investigate complaints
during the hours of 9.00am to 3.00 pm,
Monday to Wednesday, excluding Public
Holidays.
Cancellation
- For any advertising to be cancelled the
advertiser must contact Destination Orewa
Beach directly. No refunds are available on
any Destination Orewa Beach advertising or
promotions unless by prior agreement with
Destination Orewa Beach.
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 GST will be added to the
amount concerned.
Payment
- You must pay for advertising and services
in accordance with these terms and
conditions. Method of payment is one annual
payment by Direct Credit or Cheque in
advance of advertising placement.
Warranty of Service and System Integrity
- We give no warranty that: The services we
provide will be uninterrupted, timely, and
secure or error free. However we will
endeavour to do our best in all the above.
The information provided by your selves and
reproduced by us on the web site 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 Orewa beach
web site 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 Destination Orewa Beach
-
·
Signing up and becoming a Destination Orewa
Beach client;
·
Joining our Membership by registering with
Destination Orewa Beach;
Cancelling advertising or unsubscribing from
the membership does not indicate automatic
non receipt of future emails, although
Destination Orewa Beach will do our best to
ensure this is noted. A specific request to
unsubscribe should be received.
Disclaimer
– Destination Orewa Beach makes no
warranties or representations about the
accuracy or completeness of this web site's
content or the content of any site or
external sites. Whilst Destination Orewa
Beach makes every effort to monitor all
material and links to their site,
Destination Orewa Beach does not take
responsibility for any advertisements or
other content that children may view through
our web site 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
electronic filtering software. Destination
Orewa Beach also encourages anybody, parents
or children, to advise us immediately if
they feel something within our site or a
link is inappropriate and Destination Orewa
Beach will investigate, and if felt
appropriate, will delete all reference as
soon as possible. Destination Orewa Beach 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 Orewa Beach website.
Changes to our Terms and Conditions
– Destination Orewa Beach 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.
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
– Destination Orewa Beach, nor any of its
employees, agents or representatives makes
any claim or representation concerning the
Destination Orewa Beach database
information. The maximum liability of
Destination Orewa Beach 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
Destination Orewa Beach 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 Orewa Beach – Destination Orewa
Beach database information.
Contact Information
- You can contact us at: Email: diane@orewabeach.co.nz
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- Fax: 0064-9-426 3268 - Phone: 0064-9-426
2638 - Postal Address: P O Box 98, Orewa,
New Zealand - Physical Address: Hillary
Square, Hillary House, Orewa Beach - For
further details on this page please contact
us direct.
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