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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 This e-mail address is being protected from spam bots, you need JavaScript enabled to view it - 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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