Advertising Material for Real Estate Websites Internet Sites

In these conditions “we” are Real Estate Websites and subsidiary companies, and the employees and agents of those companies, and “Customer” is the person or company placing material for publication on our website.

1. In accepting any material including electronic material or data for publication, and in publishing it we are doing so in consideration of and relying on the Customer’s express warranty, the truth of which is essential:

a.    That the material does not contain anything:

*     that is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Fair Trading Act 1986

*     that is defamatory or indecent or which otherwise offends against generally accepted community standards

*     that infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights

*     that breaches any right of privacy or confidentiality

*     that breaches any provision of any statute, regulation, by-law or other rule or law, and

b.That the material complies in every way with the Advertising Codes of Practice issued by the Advertising Standards Authority Inc. (“ASA”) and with every other code or industry standard relating to  advertising in New Zealand;

c. Publication of the material will not give rise to any liability on our part or in a claim being made against us in New Zealand or elsewhere; and

d.The material does not contain any cookie, tracking tag or other tracking device unless we have provided our prior written consent to such inclusion, to the extent we consent to you collecting information relating to our users, (“User Information”), you may only use such information for your internal statistical purposes and solely in respect of the advertising campaign the subject of the insertion orders.    For the avoidance of doubt, you must not disclose any User Information to any third party, and must not use any User Information in connection with any advertising campaigns on any third party properties or websites. If you are a representative of an advertiser , this does not prevent you from disclosing the User Information in summary format only to the advertiser, provided you procure that the advertiser only uses such information in accordance with this paragraph d, and  without limiting our rights or remedies, we may immediately remove any advertisement   without liability in the event of any breach by you (or the Advertiser) of this paragraph   Any such termination will not affect your obligation to make payment .

2.The Customer agrees to indemnify us against all losses or costs arising directly or indirectly from publication of the material, and from any costs incurred in our making corrections or amendments in accordance with the terms that follow.

3.We must receive creative information from the Customer in an acceptable form including a click -through URL no later than five (5) working days prior to commencement of advert being created. Any late delivery of creative material resulting in the delay of an advert is the responsibility of the Customer. The advert will be deemed for invoicing purposes to have begun on the original start date specified in the booking.

4. We may refuse to publish, or withdraw material from publication without having to give a reason.

5. We may publish the material at a time different from that originally booked if there is an error or delay in publication of the material as booked.

6. All creative submissions are subject to reasonable approval by Real Estate Websites staff. We may require that material is corrected or amended to conform to style, or for other genuine reasons.

7. The positioning or placing of any material within any of our websites is at our discretion except where specifically agreed in writing.

8. We may take orders for advertising material in specific placements. Placements may be used only by the Customer for advertising of the Customer’s usual business and may not be transferred by the Customer to another person.

9. The Customer must tell us as soon as possible if there is an error or omission in any material the Customer has placed.

10. Campaign advertising impressions will be counted and recognised by Real Estate Websites uploading process. A third party ad serving engine may also be used but its impression count won’t be recognised unless we agree otherwise in writing.

11.  Cancellation policy

The Customer agrees to the following terms and conditions:

* All cancellations must be made in writing, or emailed to Real Estate Websites email address.

* There is no term contract period and a customer can cancel whenever they want.

* If a cancellation is made on or after the campaign commencement date, the Customer agrees to pay 100% of the campaign cost for that month.

12. The charge for advertising material will be in New Zealand dollars and in accordance with the applicable rate card applying at the time for the publication, unless we agree otherwise in writing.

13. Advertising placed by Customers who are not New Zealand residents will be zero-rated for GST purposes. GST will be applied at the standard rate to advertising placed by non-resident agents acting for New Zealand resident principals.

14. Real Estate Websites excludes all implied conditions and warranties from these terms except to the extent that they cannot be excluded at law.  The guarantees contained in The Consumer Guarantees Act 1993 are excluded where the Customer acquires, or holds himself out as acquiring, goods or services from us for the purpose of a business.

15. The Customer acknowledges that it has not relied on any representation made by or on behalf of Real Estate Websites in connection with the advertising.

16. We will not be liable for any indirect or consequential loss (which includes loss of revenue or profit) from an error or omission in material published, or for failure to publish, whatever the reason for the error. If we are found to have any direct liability to our customer in any circumstance that liability is limited to the cost of the advertising space for the relevant material in the website.

17. Should a customer change regions, or the company they work for we reserve the right to remove their information from our websites.

18. Customers will indemnify Real Estate Websites and all its officers and employees, contractors and agents against any costs, expense, losses, damages and liability it suffers or incurs arising from customers breach of the terms and any negligent or unlawful act or omission of Customer in connection with the advertising.

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