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  Disclaimer

  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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