Advertising and Campaigns

These terms and conditions apply to all advertising and campaigns.

1. Terms

1.1 The Client shall be deemed to have accepted these Terms once the Client has completed the confirmation.

2. Agreement

2.1 The Confirmation (and any attachments), together with these Terms, constitute the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing, on the subject matter of the Agreement. If there is a conflict between the Confirmation and any provisions of these Terms, the Confirmation shall take precedence.

a. The Client authorises EBOSS to charge a cancellation fee pursuant to clause 10 if the Client cancels their booking.

2.2 No failure or delay by EBOSS to exercise any power, remedy or right in relation to these terms and conditions shall:

a. prejudice, limit or affect or operate as a waiver of that power, remedy or right; or

b. be deemed to waive any default or breach of any obligation, liability or agreement by any User.

3. Amendments to Terms and Conditions

3.1 EBOSS reserves the right to amend these terms and conditions from time to time.

3.2 Amendments will be effective immediately upon publication on the Site.

3.3 Your continued use of the Service will represent your agreement to be bound by the terms and conditions as amended from time to time.

4. Content

4.1  You acknowledge and agree that:

a. Unless otherwise agreed by us in writing, the Service does not and shall not include any design, development, modification and maintenance of Content other than that provided by us as part of providing the Service.

b. We will not be responsible for ensuring that you comply with any Intellectual Property Rights, privacy or other laws relating to Content or your use of the Service. Such compliance will be your sole responsibility.

c. You are responsible for your network security.

4.2 EBOSS reserves the right (without obligation) to remove any Content that is brought to its attention and that it deems, in its sole and absolute discretion, unsuitable or in breach of these terms and conditions. EBOSS may, but shall not be obliged to, provide reasons for its decision.

4.3 EBOSS does not provide exclusivity for Clients in any particular industry or for any particular Content.

4.4 We may need to convert the format of the Content for loading on the Site. EBOSS will use reasonable endeavours to ensure the uploaded Content matches the data originally supplied by the Client but accepts no responsibility for any error, omission or inaccuracy in any converted Content, whether caused by EBOSS’s negligence or otherwise. EBOSS will supply the converted Content for the Client’s approval before going live onto the Site. After the Client has approved the converted Content, EBOSS reserves the right to charge for any subsequent amendments.

4.5 EBOSS shall, in its sole discretion, determine the positioning and placement of all Content on the Site and Publications.

5. Client obligations

5.1 By providing Content to EBOSS;

a. you acknowledge that all the Content submitted by you to EBOSS is and will be treated as non-confidential;

b. you accept that any Content which you load may be removed by EBOSS, its officers, agents, service providers and employees from the Service on the grounds described in these terms and conditions without notice at any time and in the case of paid Content, without compensation;

c. you will not submit any Content which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of any computer software or hardware;

d. you shall ensure that Content is accurate, and not misleading or deceptive, or otherwise manipulated in order to disguise the origin of the Content, material or information;

e. you warrant that your Content is not fraudulent, defamatory or otherwise unlawful in any respect, and does not infringe the Intellectual Property Rights, confidentiality rights, privacy rights, property rights or any other legal rights of any Person; 

f. you shall not, whether directly or indirectly, do anything which will or might lead you to defeat the provisions or intent of these terms and conditions.

6. Licence

6.1 By submitting Content to EBOSS, you automatically grant, and you represent and warrant that you have the right to grant, to EBOSS a non-exclusive, royalty-free right to use, copy, perform, display and distribute such Content throughout the world via the Site (or any media promoting the Site or the Service).

7. Important User Information

7.1 You expressly understand and agree that responsibility for the Content or other postings appearing on EBOSS (including hyperlinks) rests solely with the Person who supplied the Content. EBOSS is not responsible for the Content, or for privacy practices associated with linked websites.

7.2 You expressly understand and agree that your use of the Service is at your sole risk. The Service are provided on an “as is” and “as available” basis.

7.3 EBOSS will use its reasonable endeavours to ensure the availability of the Site, subject to any downtime required for maintenance. However, EBOSS takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Site being unavailable.

8. Fees

8.1 EBOSS reserves the right to charge fees for the Service.

8.2 EBOSS’s charges for the Service are as set by us from time to time and recorded on the Site or notified to you. Unless otherwise stated, all fees are in New Zealand (NZD) dollars and exclude GST. 

8.3 Any fees are charged at the time the Service commences and are not refundable.

8.4 EBOSS reserves the right to introduce or change the fees charged for any part of the Service at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.

9. Cancellation by EBOSS

9.1 EBOSS reserves the absolute right to, at any time:

cancel, postpone, terminate, or determine the booking;

In this situation, EBOSS retains full discretion whether to offer a refund of any Fees or other amounts paid.

10. Cancellation by the Client

10.1 The Client acknowledges and agrees that for cancellation notices received from the Client:

More than 90 days before the Campaign Date there will be no penalty 

61 - 89 days prior to the Campaign 25% of the total money due will be required

46 - 60 days prior to the Campaign 50% of the total money due will be required

45 days or less before the Campaign 100% of the total money due will be required

11. Disclaimer

11.1 You acknowledge that all information provided by us in the Service is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time;

11.2 We do not make any representations or warranties that the information we provide in the Service is reliable, accurate, or complete. We are not liable for any loss or damage resulting from any action taken or reliance made by you on any Content, information or material on or accessed through the Site. 

11.3 We do not warrant that any Content you submit to the Site will be protected against loss, misuse or alteration by third parties.

11.4 Whilst we will endeavour to deliver Services on the nominated publication or supply date, this is dependent on factors beyond our control (e.g. your timely supply of the information needed in advance to prepare the advertising). We therefore do not warrant that we will publish, post or deliver Services within a certain time, and we have no liability for non-attainment of any nominated publication or supply date.

11.5 We do not accept responsibility for any loss or damage, however caused (including negligence), which you may directly or indirectly suffer in connection with your use of the Site or any linked website.

12. Exclusion and Limitation of Liability

12.1 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included.

12.2 In all cases, for all damages, losses, costs and expenses under whatever causes of action, whether in contract, tort (including negligence) or otherwise, our liability to you and your sole remedy will be limited to:

a. For Clients, in our discretion either (a) supplying the Service again or (b) refund of the amount paid for the Service in the three months preceding the event giving rise to the claim; or

b. For all other Users, $100.

12.3 All Users acknowledge that they are using the Service for business purposes only, and that the Consumer Guarantees Act 1993 shall not apply.

13. Indemnity

13.1 You agree to release, indemnify and keep EBOSS, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees indemnified from and against all actions, claims, costs (including legal costs and expenses on a solicitor and client basis) losses, proceedings, damages, liabilities, or demands suffered or incurred to any Person arising out of or in connection with:

a. your failure to comply with these terms and conditions

b. any Content or other material, data or information you load, post, transmit or make available through the Service;

c. recovery of any amounts owed by you in relation to or arising from the Service; or

d. your use of the Service.

14. Privacy and Data

14.1 We undertake to comply with the terms of our privacy and data policy. You can review the current version at https://www.eboss.co.nz/legal/privacy-policy.

14.2 You acknowledge and accept our Privacy and Data Policy.

15. Variation of the Service

15.1 We may vary the technical functionality and operational specification of the Service at any time without notice to you.

16. No Endorsement or Association

16.1 The Client understands that advertising on EBOSS does not amount to any endorsement by EBOSS of the Client brand or products. The Client undertakes not to use the name, Trade Marks or branding of EBOSS in any manner which suggests or implies that EBOSS endorses the Client, or the Client’s brand or products.

17. Governing Law

17.1 The laws of New Zealand apply to these terms and conditions and your use of the Service. You agree to submit to the exclusive jurisdiction of the New Zealand Courts. Any dispute arising in relation to these terms and conditions will be resolved in accordance with New Zealand law.

18. General

18.1 The Parties acknowledge that they are not partners, joint-venturers, fiduciaries or agents of the other.

18.2. Headings, marginal notes and the table of contents (if any) are included for convenience only and shall not affect the interpretation of these terms and conditions.

Definitions

Business Day

means any day on which banks in New Zealand are open for business, but shall not include either Saturday or Sunday, or any day between 22 December – 10 January (inclusive);

Client

means our partners, advertisers and any other Persons that submit and/or manage Content on the Site or that receive or subscribe for any other paid Service;

Content

means any material submitted to EBOSS for publishing including (without limitation) blogs, articles, hyperlinks, case studies, advertising, campaigns;

Intellectual Property Rights

means all rights conferred under statute, common law and equity in and in relation to inventions, designs, trademarks, trade names, logos, CAD files, PDF Detail Drawings, technical product literature layouts, confidential information and copyright and any other right granted by operation of law which confers protection on any written, artistic or other work created by intellectual effort and all associated intangible assets created as a by-product (including market position, brands, trade names) in relation to any work;

Linking

means an interface for linking specific Content to (or displaying Content on) a Client’s website or a website nominated by a Client; 

Additional Fees

means the additional fees payable by the Client (if any) as specified in the Confirmation.

Agreement

means these Terms together with the Confirmation. The Agreement may comprise physical and/or electronic written documents.

Parties

means you and us;

Person

means and includes any natural person, company, corporation, firm, partnership, joint venture, society, organisation or other group or association of persons (whether incorporated or not), trust, state or agency of state, statutory or regulatory body, local authority, government or governmental or semi-governmental body or agency (in each case whether or not having separate legal personality);

Service

means the loading, maintenance, delivery and admin (without limitation) of Content to the EBOSS site as well as any users;

Site

means our website www.eboss.co.nz  and all related systems, files, materials, features, components and programs;

Software

means the proprietary computer software programs for the electronic discovery of documents, together with any documents, forms, templates, information or other materials developed by us or our licensors.

User

means all Persons accessing the Site and/or using the Service (including any part of the Service), including Clients;

we, us, our, EBOSS

means Quad Concepts Limited and its agents, successors and permitted assigns;

you, your or yours

means the User using the Service and its agents, successors and permitted assigns;