Terms and Conditions
The propertypress.co.nz website ("Website") is owned and operated by ACP
Media Limited ("ACP Media"). Your access to the Website is conditional
upon your acceptance and compliance with the terms, conditions, notices and disclaimers
contained in this document and elsewhere on the Website (known collectively as "Terms
of Use"). Your use of, and/or access to, the Website constitutes your agreement
to the Terms of Use. ACP Media reserves the right to amend the Terms of Use at any
time. Since you are bound by these Terms of Use, you should periodically refer to
them on the Website.
Intellectual property and restrictions on use of Content
All information and materials including text, images, graphics, sound, software
and advertisements on the Website ("Content") are Copyright 2006 ACP
Media, its suppliers and/or licensors unless expressly indicated otherwise on the
Website. The Content is protected by New Zealand and international copyright and
trade mark laws. Content on the Website is published in real-time, and you must
not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit
or distribute this Content in any way except as expressly provided for on the Website
or expressly authorised in writing by ACP Media or its affiliates. Strictly on the
condition that you keep all Content intact and in the same form as presented on
the Website (including without limitation all copyright, trade mark and other proprietary
notices and all advertisements), you may: a) using an industry-standard Web browser,
download and view the Content for your personal, non-commercial use, or b) if you
are an Internet service and/or access provider, supply the Content to your subscriber.
You must not use the Website in any manner or for any purpose that is unlawful or
in any manner that violates any right of ACP Media or an affiliate or which is prohibited
by the Terms of Use.
Communication facilities
The Website may from time to time contain communication facilities, which provide
for feedback by users to ACP Media, real-time interaction between users (including
individuals referred to as guests and experts) and other electronic messaging and
notice services ("Communication Facilities"). It is a condition of your
use of any Communication Facility and your access to the Website that you do not
do any of the following:
- restrict or inhibit any other user from using or enjoying any forum;
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post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar,
pornographic, profane or indecent information or material of any kind, including
without limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offence, give rise to civil liability or otherwise violate
any applicable law;
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post or transmit any material of any kind which violates or infringes upon the rights
of any other person, including material which is an invasion of any privacy or publicity
rights or which is protected by copyright, trade mark or any other proprietary right
or derivative works with respect thereto, without first obtaining permission from
the owner or relevant right holder;
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post or transmit any material of any kind which contains a virus or other harmful
component;
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post, transmit or in any way exploit any material of any kind for commercial purposes
or which contains any promotional material or advertising;
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delete any author attributions, legal notices or proprietary designations or labels
in any file that is uploaded; or
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download any file posted by any other user of a forum if you know, or reasonably
ought to know, that the file cannot legally be distributed in such manner. ACP Media
may from time to time monitor or review the contents of its Communication Facilities.
While ACP Media reserves its right to edit, refuse to post or to remove any information
and/or materials (in whole or in part) that in ACP Media's sole discretion is
in any way objectionable or in violation of any applicable law or the Terms of Use,
ACP Media has no obligation whatsoever to monitor any Communication Facility or
to edit, delete or refuse to post such contents, nor is ACP Media responsible for
any contents in any Communication Facilities (including any information, comments
and/or advice of any individual referred to as guest or expert whose statements
on the Website are solely their own). You expressly acknowledge and agree that the
Communication Facilities provide a means of public and not private communications.
ACP Media reserves the right to cooperate fully with any law enforcement authority
in any jurisdiction in respect of any lawful direction or request to disclose the
identity or other information in respect of anyone posting any materials which violate
any applicable or relevant law.
User licence to ACP Media
By placing any information or other material on the Website (including posting messages,
uploading files, inputting data or engaging in any other form of communication),
you grant to ACP Media a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted,
worldwide licence to do the following in respect of the information or material:
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use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast,
publicly perform or display, and
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sublicense to any third parties the unrestricted right to exercise any of the foregoing
rights granted. The foregoing grant includes the right to exploit all proprietary
rights in any such information or other material, including but not limited to rights
under copyright, trade mark, service mark or patent laws under any jurisdiction
worldwide. You expressly waive in favour of ACP Media and any other party authorised
by ACP Media all moral rights and any similar rights in any jurisdiction, which
you may have or hereafter acquire in respect of any relevant communication or other
material. At the request and expense of ACP Media, you will execute and deliver
to ACP Media such instruments and take such other actions as may be required to
carry out this grant of licence and waiver.
Property Press magazine subscription conditions
Property Press magazine’s subscription offer is open to New Zealand residents only
and is not available in conjunction with any other offer. Once processed, subscriptions
are non refundable and non transferable. ACP Media will keep your details, and the
details of any gift recipient, on file so it can post or email the magazine subscription(s)
and information about ACP publications, products and offers or relevant third party
goods and services. Under the Privacy Act 1993 you have the right to see or correct
your personal information held by ACP Media Ltd.
Advertising, links to third party websites and e-commerce offers
The Website contains hyperlinks and other pointers to Internet websites operated
by third parties. These linked websites are not under the control of ACP Media and
ACP Media is not responsible for the contents of any linked website or any hyperlink
contained in a linked website. ACP Media provides these hyperlinks to you as a convenience
only, and the inclusion of any link does not imply any endorsement of the linked
website by ACP Media or its affiliates. You link to any such website entirely at
your own risk. The Website also contains third party advertisements (including banner
ads and full page advertisements), which contain embedded hyperlinks, or which include
referral buttons to websites operated by third parties or their licensees or contractors.
All third party advertising (including referral buttons and embedded hyperlinks)
is paid for by the relevant third party advertisers and are not recommendations
or endorsements by ACP Media or its affiliates or their respective directors or
employees. You are referred to the relevant advertiser for all information regarding
the advertiser and its products and/or services. In some instances, the advertisement
will contain representations or offers by the third party advertiser which you can
accept by linking to the advertiser's website and executing the relevant transaction.
Such offers are not made by ACP Media, and the third party advertiser is solely
responsible to you for the delivery of any goods or services you purchase on the
third party website.
Disclaimer and limitation of liability
The Fair Trading Act 1986 and the Consumer Guarantees Act 1993 (except where goods
or services are acquired for business purposes) may confer rights and remedies on
you in relation to the provision by ACP Media of goods or services on the Website
which cannot be excluded, restricted or modified ("Non-excludable Rights").
ACP does not exclude any Non-excludable Rights but does exclude all other conditions
and warranties implied by custom, law or statute. Except as provided for by the
Non-excludable Rights: a) all Content is provided "as is" and without
warranties of any kind, either express or implied, b) ACP Media and its suppliers
expressly disclaim all warranties of any kind, including but not limited to implied
warranties of merchantability and fitness for a particular purpose, c) ACP
Media does not warrant that the functions contained in any Content or any Communications
Facility or your access to the Website will be uninterrupted or error-free, that
any defects will be corrected or that the Website or the server which stores and
transmits Content to you are free of viruses or any other harmful components, d)
ACP Media does not warrant or make any representation regarding your access
to, or the results of your access to, the Website (including any related or linked
websites) or any Content in terms of correctness, accuracy, timeliness, completeness,
reliability or otherwise, and e) you (and not ACP Media) assume the entire
cost of any necessary verification, maintenance, repair and/or correction of any
relevant Content. Under no circumstances (including but not limited to any act or
omission on the part of ACP Media) will ACP Media or its affiliates be liable for
any indirect, incidental, special and/or consequential damages or loss of profits
whatsoever which result from any use or access of, or any inability to use or access,
the Website or any Content. You expressly acknowledge and agree that ACP Media does
not exert control over users of the Network (including individuals referred to on
the Website as guests and experts) and is not liable either for their opinions or
their behaviour, including any information and/or advice and any defamatory statements
or offensive conduct. To the fullest extent permitted by law, ACP Media's liability
for breach of any implied warranty or condition which cannot be excluded is limited
at the option of ACP Media to the following:
-
in the case of services supplied or offered by ACP Media, (a) the supply
of the services again, or (b) the payment of the cost of having services
supplied again; and
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in the case of goods supplied or offered by ACP Media, (c) the replacement
of the goods or the supply of equivalent goods, (d) the repair of such goods,
(e) the payment of the cost of replacing the goods or acquiring equivalent
goods, or (f) the payment of the cost of having the goods repaired.
The recipes in our Good Health section have been categorised for your convenience.
However, Property Press cannot guarantee that the recipes will meet your specific
dietary needs. You are responsible for ensuring that the recipe meets your needs
and that the ingredients listed are appropriate. Property Press makes no representation
or warranty as to the accuracy of the information included in the recipes and to
the fullest extent allowed by law, does not accept liability for any loss arising
from the use of or reliance upon the recipes or categorisations.
Termination
The Terms of Use are effective until terminated by ACP Media, and ACP Media may
terminate this agreement and your access to the Website at any time without notice.
In the event of termination, you are no longer authorised to access the Website,
but all restrictions imposed on you, licenses granted by you and all ACP Media disclaimers
and limitations of liability set out in the Terms of Use will survive.
Trade marks of ACP Media and its affiliates
The trade marks displayed on the Website are trade marks of ACP Media, its affiliates
or of their respective owners. Nothing contained on the Website should be construed
as granting any licence or right of use of any trade mark displayed on the site
without the express written permission of ACP Media, the relevant ACP Media affiliate
or third-party owner. If you wish to place a trade mark (whether in stylised or
logo form or not) on your own website as a hyperlink to the Website, you must first
obtain the express written authorisation of ACP Media, the relevant affiliate, or
third party owner and any use must be in accordance with the trade mark usage guidelines
of the relevant trade mark owner.
Miscellaneous
This agreement will be governed by and construed in accordance with the laws of
New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction
of the courts of New Zealand. If any provision of this agreement is found to be
invalid or unenforceable by a court of law, such invalidity or unenforceability
will not affect the remainder of the agreement, which will continue in full force
and effect. All rights not expressly granted herein are reserved.