Terms & Conditions

The terms and conditions set out below ("Terms and Conditions") govern your use of the  NZME.. By using the NZME. Network, you must accept and abide by the Terms and Conditions. If you do not accept the Terms and Conditions, you are not permitted to use the NZME. Network and you must refrain from using it.

If you have any complaints or questions regarding the NZME. Network or the Terms and Conditions then you can contact us here.

If you are an advertiser on the NZME. Network, these Terms and Conditions apply to you in addition to the NZME. Advertising Terms and Conditions. A copy of the NZME. Advertising Terms and Conditions are available here. To the extent of any inconsistency, these Terms and Conditions prevail in relation to your use of the NZME. Network. 
NZME.reserves the right to make changes to these Terms and Conditions which will be effective once they are published on this site. You should revisit this area of the NZME.Network regularly to check the Terms and Conditions.

Use of the NZME. Network by you

You agree to only use the NZME. Network for purposes permitted by the Terms and Conditions. You are responsible for all equipment and software used to access the NZME. Network.

You must not:

  • use the NZME. Network directly or indirectly for any activity which breaches any laws, infringes a third party's rights, is unlawful, or breaches the Terms and Conditions;
  • use the NZME. Network directly or indirectly to post or transmit any Material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying the NZME. Network or which is false, misleading or deceptive in any way;
  • submit for posting or otherwise distribute any Material in any way which violates, plagiarises or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary or moral rights;
  • use the NZME. Network directly or indirectly, or use any service provided on the NZME. Network, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email, spam or any other duplicative or unsolicited messages (commercial or otherwise);
  • attempt to gain unauthorised access to the NZME. Network or use another person's name, registration account or password;
  • impersonate any person or entity or create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message you post on the NZME. Network or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • knowingly provide registration information that is not truthful;
  • tamper with, hinder the operation of or make unauthorised modifications to the NZME. Network;
  • knowingly transmit any virus or other disabling feature to the NZME. Network;
  • collect information about others, including email addresses, without their consent; or
    engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches these Terms and Conditions or is otherwise inappropriate for the NZME. Network.

Charges

NZME. reserves the right at any time to charge a fee for access to portions of the NZME. Network, however in no event will you be charged for such access unless we obtain your prior agreement to pay.

All charges for access to the NZME. Network are GST inclusive. 
Where a purchase option provides access to the NZME. Network (or any part of it) for a period greater than 24 hours, it is deemed to be a subscription and unless directed otherwise by the purchaser, at the time of purchase, that subscription will be automatically renewed at the expiry of the subscription period.

Refunds will be given at the discretion of NZME. Management.

Disclaimer and Limitation of liability

To the extent permitted by law, NZME. and its information contributors and associated service providers exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the Material, products or services, including products or services of any third party, that are made available via the NZME. Network.
NZME. does not investigate or endorse any person, company or organisation that uses, advertises, posts on or provides Material to the NZME. Network or any events, information, products or services ("Products") offered for sale or otherwise identified or provided by them. The availability of Material through the NZME. Network does not constitute advice about the appropriateness, value or suitability of any Material or Product, any particular transaction or course of action nor does it constitute any recommendation or endorsement by NZME. of any Product or to you to enter into any transaction or follow any course of action. Any decision that you make about any Material or Products offered, identified or provided through the NZME. Network or referred to or advertised on the NZME. Network must be based solely on your own evaluation of your circumstances and objectives and of the Material or Product. NZME. recommends that you independently verify the accuracy, currency or reliability of any Material made available via the NZME. Network and upon which you intend to rely.
The NZME. Network and Material available on it are provided on an "as is" basis. You understand that by using this NZME. Network, you may be exposed to content that is posted by third parties which you may find indecent or objectionable. 
NZME. makes no warranty that the NZME. Network will be free from viruses or any kind of malicious code whatsoever. To the extent permitted by law, all implied warranties, conditions and representations about or in relation to:

  • the NZME. Network;
  • Material on the NZME. Network;
  • the services or Products made available through the NZME. Network;
  • the availability of the NZME. Network; and
  • your use of the NZME. Network,

are excluded. 

To the extent permitted by law, we (and our officers, employees, agents or related bodies corporate) exclude all liabilities (including in contract, for negligence or otherwise) for any loss, damage (whether direct or consequential), costs or expenses suffered by you or claims made against you in connection with, however caused:

  • your use of the NZME. Network (and its Material);
  • any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to the NZME. Network;
  • any failure to provide the NZME. Network;
  • any Products, goods or services supplied, offered or advertised on the NZME. Network; or
  • your purchase of any goods or services offered for sale on the NZME. Network or your use or reliance on any information provided on the NZME. Network.

Linked Sites

The NZME. Network may contain links to external sites. Those sites are not part of the NZME. Network and, unless otherwise indicated, are not under NZME.'s control. No link appearing in the NZME. Network and no external sites linked to the NZME. Network is endorsed by NZME. and no responsibility is taken for material in them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify NZME. against any liability arising out of your accessing any linked site.

Accuracy of Registration Information

When registering on the NZME. Network, you must ensure that all information you provide is correct and up-to-date. If you change your details during the period of your membership, you agree to ensure your details are updated.

Username and Password

It is your responsibility to keep your login (email address) and your password safe and secure. If there is any activity undertaken with your login details then you are responsible. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If you think that your details may have been used by someone else then you must notify Contact Support as soon as possible. You must also change your password immediately. You agree to indemnify NZME. against any and all claims arising out of your failure to maintain the confidentiality of your username and password.

Website Payments

If any credit card payments are made on the NZME. Network, those payments are processed by an independent third party service provider. You consent to disclosure of relevant information about you to that provider on a confidential basis. If you wish to obtain further information about the provider, then contact us in accordance with the Privacy Statement. To the extent permitted by law, NZME. excludes all liability in relation to those payments and the services provided by that third party.

Placement and Removal of Material on the NZME. Network

We reserve the right (but have no obligation):

a. to decline to publish, or where already published, to remove any Material that we consider in our absolute discretion is inappropriate for the NZME. Network for any reason;
b. to establish general practices and limits concerning the uploading of Material to the NZME. Network or the level and amount of your use of the NZME. Network and that these practices and limits may be modified from time to time;
c. to monitor use of the NZME. Network by you and store and disclose any information we collect, including in order to investigate you compliance with these Terms and Conditions or for the purposes of any police investigation or governmental request. 
You agree that NZME. has no responsibility or liability for the deletion or failure to store any Material submitted by you to the NZME. Network.
By providing Material to NZME. for posting or publishing on the NZME. Network, you:
a. authorise NZME. to use any Material you provide to us in good faith for the purposes of complying with any legal process, responding to claims of third parties and to protect the rights or property of NZME. and its customers and the public;
b. authorise NZME. to edit, modify, amend or adapt or otherwise change your Material;
c. grant NZME. a world-wide, royalty-free, non-exclusive licence to use and exploit all intellectual property rights in your Material, in perpetuity, without restriction and without making any payment to you and without seeking any further approval from you, including publication of that Material in hard copy publications or in electronic media, using your Material in advertising or promotional material and permitting others to do any of these, including when others or NZME. receive payment for doing this; 
d. waive all moral rights in your Material and consent to NZME. doing anything which NZME. (or anyone permitted by NZME.) may do in relation to your Material which would otherwise be in breach of your moral rights. This includes NZME. using your Material without attributing you as the source of your Material; 
e. warrant that you are the sole author or owner of the Material;
f. warrant that you have the right to grant the abovementioned licence;
g. agree that we may use your name, likeness, publically accessible biographical data in connection with our use of such Material; and
h. agree to indemnify NZME. and its officers, employees and agents from any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of the publication by NZME. of your Material.

You acknowledge that our use of your Material may include licensing such Material to third parties and/or using such Material for advertising purposes. In no event shall we be required to seek your approval or provide you with any compensation in connection with such uses. You acknowledge that nothing contained within your Material would require us to seek permission of a third party in order to use the Material as described in these Terms of Use. Not all submitted Material will be published. Publication is at the discretion of NZME..

Intellectual Property

You acknowledge that copyright, trade marks and all other intellectual property rights ("IP Rights") in the NZME. Network and in the Material displayed or available through the NZME. Network belongs to NZME. or its licensors.
You are provided access to the NZME. Network only for your personal use. Subject to applicable laws:

  • unauthorised use of the Material is strictly prohibited and may infringe NZME.'s or its licensors IP Rights in the Material; and
  • no content may be reproduced, published or transmitted in any manner without the prior written consent of NZME..

Without limiting the above, and subject to applicable law, you may not without prior written permission from NZME.:

  • archive the Material or any part of it;
  • form a database whether electronically or otherwise by systematically downloading or storing all or any of the Material;
    redistribute or republish the Material; or
  • link to the NZME. Network including (without limitation) linking in any way which:
    frames the NZME. Network;
  • replicates the NZME. Network; or
  • misleads any person regarding any association with the NZME. Network or any association with NZME. (whether implicitly or expressly).
  • The trade marks used on the NZME. Network are NZME.'s trade marks or the trade marks of a third party. Nothing on the NZME. Network should be construed as granting any licence to use any trade mark without the permission of the owner.

You must not use any of NZME.'s trade marks:

  • as or as part of your trade marks;
  • in connection with goods or services which are not the goods or services of NZME.;
  • in a manner that may be confusing, misleading or deceptive; or
  • in a manner that disparages NZME., its information or services or the NZME. Network

Technical Difficulties

You acknowledge that your use of the NZME. Network and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, NZME. and its service providers do not make any warranty that the NZME. Network or services will be error free, without interruption or delay or free from defects in design or engineering.
The compatibility of this NZME. Network is not guaranteed for all software or hardware of users.

Indemnity

To the maximum extent permitted by law, you specifically agree to indemnify and hold NZME. and its affiliates, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities relating to your use of the NZME. Network or its use by any person on your behalf. For the purposes of this paragraph NZME. Network includes any linked sites.

Privacy

You acknowledge that you have read and understood the terms of the Privacy Statement that are located here. You agree that NZME. may use and disclose information about you in accordance with the terms of the Privacy Statement. You also agree to check the Privacy Statement on a regular basis and to let NZME. know if you object to use or disclosure of information about you in accordance with any updated statement.

If you make contact with a person through the NZME. Network and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through the NZME. Network without the prior consent of that person.

Severability

The illegality, invalidity or unenforceability of any part of the Terms and Conditions will not affect the legality, validity or enforceability of the remainder.

 

 

Termination

We reserve the right to suspend, limited, cancel or disable your access or membership from the NZME. Network without prior notice (i) if we reasonably believe that you or someone authorised by you breaches any of the Terms and Conditions, (ii) if considered necessary by NZME. due to technical or security issues, (iii) if there is a prolonged period of inactivity on the NZME. Network by you (iv) if NZME. is requested to do so by a government or law enforcement agency (v) or if it is otherwise considered necessary by NZME. at its sole discretion. NZME. is not required to provide any reasons for a decision to suspend, limited, cancel or disable your access or membership.

Upon termination of your membership you will be restricted from accessing any member restricted area of the NZME. Network, submitting any Material to the NZME. Network and any Material submitted by you to the NZME. Network or other information held by NZME. in relation to your use of the NZME. Network may be deleted and is not returnable to you.

Data Insight

The user acknowledges and agrees that:
a. Data Insight and/or one or more of its licensors owns the data, and all rights in the data (including intellectual property rights) vest in Data Insight and/or its applicable licensor(s) upon its creation;
b. The user can only use the data for its own internal purposes and must not sell, licence, offer for sale, lease, or manipulate the data without Data Insight’s prior written consent;
c. The data is provided on an “as is” basis and all warranties, guarantees and conditions are expressly excluded to the maximum extent permissible by law;
d. To the maximum extent permissible by law, Data Insight and its licensors will not be liable the user (directly or indirectly, whether that liability arises in contract, tort (including but not limited to negligence), equity, under statute or otherwise) for any loss, costs, expenses or liabilities caused by, arising out of or in any way connected with the use of the data by the user, and the user releases, discharges and will hold harmless Data Insight and its licensors from all liability and responsibility in respect of the same.

Benefit of Terms and Conditions

NZME. Online (New Zealand) Limited holds the benefit of all rights conferred on NZME. or its officers, employees or agents under these Terms and Conditions as trustee for those persons and may enforce those rights on their behalf in its capacity as trustee.

Law

These Terms and Conditions are governed by, and construed in accordance with the law in force in New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts for any proceedings in connection with these Terms and Conditions

STANDARD PROMOTION OR COMPETITION RULES 

Definitions 

‘NZME means all companies in the NZME Group including but not limited to APN Holdings NZ Limited, NZME. Publishing Limited, NZME. Radio Limited, GrabOne Limited and all brands and operating companies, controlled by or associated with those entities. The ‘Promoter’ is NZME. 

‘Disqualified Participants’ are: 

- All NZME employees, all employees of participating sponsors or promoters and/or advertising agencies and their Immediate Families; - All people under the age of 18 years where the prize incorporates air travel or any other element which would be illegal to supply to a person under the age of 18 years; - All people who have won a prize from the channel/station running this promotion in the last 14 days. If the previously won prize was valued at over $1000 the winner must stand-down from entering for a period of 90 days. - ‘Immediate Families’ include spouses, grandparents, parents, children, and grandchildren, whether by marriage, past marriages, remarriage, adoption, co-habitation or other family extension. 

Entry 

These Promotion or Competition Rules (‘the Rules’) apply to all NZME Promotions or Competitions (collectively the Promotion’) conducted on or off air and by means of any medium – online, radio, print, or a connected device.  The Rules may change from time to time. 

If  a  particular  Promotion  has  specific  rules  or  terms  (‘the  ‘Specific  Rules’)  those  Specific  Rules  will apply if there is any inconsistency with the Rules. 

Unless otherwise stated in the Specific Rules registration, entry or vote is limited to 1 per person. Where multiple registrations, entries or votes are acceptable, each must be made separately. 

Entry into the Promotion is deemed to be acceptance of the Rules and the Specific Rules and confirmation that the entrant has the necessary authority (for example from the bill payer or owner of a telephone) to enter the Promotion. 

No purchase is necessary to win or participate in the Promotion, unless specified in the Specific Rules. The Promotion is open to New Zealand Residents only.  Disqualified Participants may not enter in the Promotion. 

NZME reserves the right to exclude any person from participating in the Promotion on reasonable grounds. 

NZME reserves the right to refuse to award any prize to an entrant who NZME decides (in its sole discretion) has violated the Rules (including the Specific Rules), gained unfair advantage in participating in the Promotion or won using fraudulent means. 

By participating, entrants grant NZME exclusive permission to  use  their  names,  characters, photographs, videos, voices and likeness in connection with the Promotion and for future promotion and marketing purposes and waive any claims to royalty, right or remuneration for such use. 

All entrant personal details must be valid and up to date and will be held by NZME and may be used for the purpose of the Promotion and for future promotion and marketing purposes in accordance with NZME Privacy Policy (see www.NZME.co.nz) unless otherwise directed by contestants at the time of entry. Personal information provided at the time of entry is presumed to be true and, in the case of text or email notification – active, through to and beyond the date of the Promotion’s completion. 

Where the Promotion involves texting, the following apply:  

Standard sms text charges will apply, unless otherwise stated in the Specific Rules and will depend on the entrant’s particular plan or agreement with their phone service provider; Any form of automated text message is invalid; 

The telephone number from which the entry was made will be stored in a database. The entrant has a two- business-day period from the time of entry to request removal from the database. If no request is made it is deemed acceptance that the information can be used for future promotion and marketing purposes; and NZME takes no responsibility for text costs incurred after the Promotion has closed as stipulated in the Specific Rules.     

Winning the Prize 

Only the person who originally entered the Promotion can be awarded the prize (the ‘Winner’).The Winner will be determined in the manner set out in the Rules or the Specific Rules – if not specified then as determined by the Promoter who shall for this purpose be deemed the judge (the ‘Judge’). 

The Judge’s determination of the Winner will be final and no correspondence will be entered into. 

The Winner will be notified by email, phone (voice or text), mail or in person and must be available for the preparation of all publicity that may be required by NZME. Where attempts to contact the Winner fail (eg when the Winner cannot be contacted by phone after three attempts or mail sent is returned) the Judge will select another winner. If, after successful notification, the prize is not collected within two months of being announced it will be regarded as forfeit. (Note: 3 attempts to contact the Winner will include individual calls to any numbers provided at the time of entry. However, should the prize’s total worth equal less than NZD$250 and be a live-to-air draw, only one failed attempt at contact will be acceptable before the Judge selects another winner.) 

The Prize is not redeemable for cash or transferable.    No other family members, friends, office associates or any other person will be able to participate on the Winner’s behalf. In the event that the Prize specified in the Competition becomes unavailable for any reason the Promoter may substitute a prize of like or equal value. Where the Winner is required to claim the prize in person, they must provide proper identification (eg driver’s licence, passport, birth certificate). If the Winner is under the age of 18 years their parent or legal guardian must accompany the Winner or give their prior written consent to the award of the Prize.  

The Winner takes the Prize entirely at his/her own risk and indemnifies NZME in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. The Winner is responsible for all insurance, tax or other costs that may be associated with the Prize. Where the Prize has associated terms and conditions the Winner accepts the Prize subject to those terms and conditions and restrictions. 

Where the Prize includes air travel and/or accommodation, either international or domestic (the ‘Travel Prize’):  the Winner MUST have valid documentation, including but not limited to valid passports and Visas, which meet the requirements of immigration and other government authorities at every destination.  Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities (including any costs associated with delay, will be the sole responsibility of the Winner).  

When the Travel Prize includes travel to or through the United States, it is the Winner’s responsibility when travelling into or through (transiting included) the United States under the Visa Waiver Program to apply for an Electronic System for Travel Authorisation (ESTA) no later than 72 hours prior to departure if required. The winner must visit the US Department of Homeland Security website and fill in the required information. The cost of the ESTA is the sole responsibility of the Winner. 

The Winner and their travelling companion (if applicable) must travel together at all times. The Winner is responsible for transport from their residence to their nearest international airport for flight departure and from their nearest international airport to their residence upon returning to New Zealand.  Flight tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. The flight itinerary may have to be adjusted depending on the airline's departure city and their current flight schedule. Unless otherwise specified, the air travel is economy class.  

Any changes to travel dates or additional accommodation outside the travel period specified in the Travel Prize details, made by the winner, which incur additional costs, are to be paid by the Travel Prize winner.  

Unless explicitly stated in the Specific Rules, the Winner will be responsible for expenses including, but not limited to, spending money, meals, drinks, transport, laundry charges, activities, incidentals, taxes (excluding departure and any other flight associated taxes included within the Travel Prize), gratuities, services charges, passports, visas, travel insurance and all other ancillary costs associated with redeeming the Travel Prize. The Winner must obtain travel insurance to protect themselves against additional costs incurred in the event of unforeseen circumstances.  

The Travel Prize is not transferable or exchangeable and cannot be redeemed for cash. The Travel Prize must be taken as stated in the Specific Rules and no compensation will be payable if the Winner is unable to use the Travel Prize as stated. For the avoidance of doubt, if the Winner is, for whatever reason, unable to travel on a nominated date during this period, whether the failure was due to reasons beyond the Winner's control or otherwise, then the Winner will forfeit the Travel Prize. The Promoter makes no representation as to safety, conditions and other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the New Zealand Ministry of Foreign Affairs and Trade. The winner accepts the Travel Prize at their own risk.  

All travel is subject to the terms, conditions and restrictions of the Travel Prize service providers. Any travelling companion included in the Travel Prize (if applicable) accepts the Travel Prize subject to these terms, conditions and restrictions as if references to the Winner in the relevant clauses were to the travelling companion. The Winner

 and their travelling companion must sign a legal release, in a form acceptable to the Promoter in its absolute discretion, if requested by the Promoter.  

NZME Responsibility 

NZME reserves the right to amend, vary, extend or discontinue a Promotion at any stage, for any reason.  

NZME takes no responsibility for any inability to enter, complete, continue or conclude the Promotion due to equipment or technical malfunction, busy lines, inadvertent disconnection, texts with a misspelt keyword, texts to an incorrect shortcode, Force Majeure or otherwise.  

To the fullest extent permitted by law NZME will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of Promotion entry or winning the prize.  

Where the Prize is to be supplied by an entity outside NZME control and that entity fails, for whatever reason, to supply the prize, NZME has no responsibility for the provision of the Prize and is not obliged to provide an alternative Prize or to take legal action to require the Prize supplier to provide the Prize.  

Acceptance 

Participation in the Promotion is deemed acceptance of these Terms and Conditions. If the Winner does not accept these Terms and Conditions the prize will be forfeited

Definitions

In these Terms and Conditions:
NZME. Network means all of the New Zealand websites, mobile sites and Apps that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).
Material means information, data, text, software, illustrations, photos, audio, video, any combination of these or other material.
Us, we, our or NZME. means NZME. Online (New Zealand) Limited and/or its related companies or joint ventures.

Updated July, 2015