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New Zealand Horses and Ponies
accept advertisements for publication on
www.kiwihorses.co.nz in reliance on the following terms and
conditions.
1.The Advertiser undertakes and warrants to New Zealand
Horses and Ponies that there is no material, statement,
representation or information contained in the advertisement
that:
a) is or likely to be misleading or deceptive, or otherwise
infringe the Fair Trading Act 1986 or any Act passed in
substitution thereof; or
b) is in full or part defamatory, or breach of copyright,
trademark or other intellectual property right; or
c) is otherwise in breach of any provision of any statute,
regulation or rule or law.
2.In consideration of New Zealand Horses and Ponies
accepting an advertisement for publication the Advertiser
hereby agrees to indemnify New Zealand Horses and Ponies
against all and losses, costs, demands, damages, expenses,
proceedings and legal costs arising directly or indirectly
out of;
a) a breach of the terms of clause 1 above;
b) New Zealand Horses and Ponies having to correct, amend or
change any advertisement to conform to style or for any
other good or sufficient reason where such correction,
alteration, amendment or change has been carried out with
reasonable care and skill; or
c) any delay in publication or cancellation of the
advertisement arising out of any act or omission of the
Advertiser or any act or omission of New Zealand Horses and
Ponies in exercising it's right to correct, alter, amend, or
change any advertisement.
3.New Zealand Horses and Ponies may refuse to publish or may
reject or withdraw any advertisement from publication
without any reason being given to the Advertiser.
4.The Advertiser hereby undertakes to advise New Zealand
Horses and Ponies immediately of any error appearing in any
advertisement placed by that Advertiser.
5.In the event of delay or failure to advertise, New Zealand
Horses and Ponies and Developer, without limiting the
remedies of the Advertiser, may publish the advertisement on
the first subsequent reasonable date available unless the
advertisement features a date or event that is affected by
the delay or failure.
6.To cancel an advertisement the Advertiser must notify New
Zealand Horses and Ponies, in writing by letter or email.
7.The charge for an advertisement shall be in accordance
with the rate current at the date of going online, unless
agreed otherwise in writing.
8.No advertisement will go online until payment has been
received in full and the proceeds of all cheques have been
cleared.
9.The Advertiser will not hold New Zealand Horses and Ponies
or the developer responsible for non-insertion of any
advertisement or advertisements by reason of accident of any
other cause whatsoever, nor for errors after the first
insertion in the publication of any advertisement. The
obligatory supplying of a proof before insertion is not a
condition of acceptance of advertisements by New Zealand
Horses and Ponies and/or the developer.
10.In the event of epidemics, fires, floods, strikes, war,
inability to go online, or any other causes of any kind
whatsoever interfering with the production and publication
of website material, New Zealand Horses and Ponies will have
the right to vary the space and frequency of insertions or
to suspend or terminate the insertion of advertisements.
11.Acceptance Offer: The offer contained in this Agreement
may be accepted by the Company inserting the Advertisement
(if only one insertion is required) or by inserting the
first of the advertisements (if more than one advertisement
is to be inserted). However, should the Advertiser be in
breach of any of the above conditions, the Company may
terminate any arrangement for the insertion of
advertisements.
12.Copyright: Wherever the Company creates and /or produces
any video clips and photographs for publication on behalf of
the Advertiser, this material remains the property of the
Company and cannot be published in other publications and
websites without the written permission of the Company.
13.Material Specifications: The company has the right to
reject advertising material which does not conform to it's
current policies on material specifications.
14.Cancellation: Cancellation of an advertising order or
advertisement once placed, as the result of a sale or not,
must be confirmed in writing.
15.The Advertiser will not be entitled to a guaranteed
position(s) except on payment of a special rate for such
position(s).
16.ADVERTISEMENTS ARE ACCEPTED SUBJECT TO WEBSPACE BEING
AVAILABLE
17.Additional Terms and Conditions for Business Advertisers:
Nothing in the Consumer Guarantees Act 1993 shall apply to
an agreement to publish advertisements for the purposes of a
business.
Terms & Conditions of Use
By continuing to use this website you agree to abide by the
following Terms & Conditions:
Copyright and Trademark
Notices
All contents of this website are © 2008 New Zealand Horses
and Ponies. All rights reserved.
Product and company names mentioned herein may be the
trademarks of their respective owners.
Personal and
Non-Commercial Use Limitation
This website is for your personal and non-commercial use.
You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software,
products or services obtained from this website.
Liability Disclaimer
The information, products and services published on this
website may include inaccuracies or typographical errors.
Changes are periodically added to the information herein.
New Zealand Horses and Ponies may make improvements and/or
changes in this website at any time.
New Zealand Horses and
Ponies. makes no representations about the suitability of
the Information, Software, Products, and Services contained
on this website for any purpose.
All such information, products and services are provided “as
is” without warranty of any kind. New Zealand Horses and
Ponies hereby disclaims all warranties and conditions with
regard to this information, products and services, including
all implied warranties and conditions of merchantability,
fitness for a particular purpose, title and
non-infringement.
In no event shall New
Zealand Horses and Ponies be liable for any direct,
indirect, punitive, incidental, special or consequential
damages arising out of or in any way connected with the use
of this website or with the delay or inability to use this
website, or for any information, products and services
obtained through this website, or otherwise arising out of
the use of this website, whether based on contract, tort,
strict liability or otherwise, even if New Zealand Horses
and Ponies has been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you.
No Unlawful or
Prohibited Use
As a condition of your use of this website, you warrant to
New Zealand Horses and Ponies that you will not use this
website for any purpose that is unlawful or prohibited by
these terms, conditions, and notices.
Links to Third Party
Sites
This website may contain hyperlinks to websites operated by
parties other than New Zealand Horses and Ponies. Such
hyperlinks are provided for your reference only. New Zealand
Horses and Ponies does not control such websites, and is not
responsible for their contents. New Zealand Horses and
Ponies’s inclusion of hyperlinks to such websites does not
imply any endorsement of the material on such websites or
any association with their operators.
Modification of These
Terms & Conditions
New Zealand Horses and Ponies reserves the right to change
the terms, conditions, and notices under which this website
is offered at any time.
You agree that no joint
venture, partnership, employment, or agency relationship
exists between you and New Zealand Horses and Ponies as a
result of this agreement or use of this website.
Any rights not expressly
granted herein are reserved.
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