Issue 218, April 23, 2024

Terms & Conditions

We have recently updated our terms and conditions.

Payment is due on the 20th of the month following advertisement placement .
Late payments attract an account fee and finance charge. Also any collection costs that may be incurred in the recovery of overdue funds.
By using our services you are accepting our terms and conditions. We may prior to any work being initiated reserve the right to conduct a credit file check and/or reference check.

Thank you for visiting this website. Please be sure to read the Terms & Conditions contained in this document carefully since any use of this website constitutes your acceptance of the Terms & Conditions set out herein. Empson Publishing Ltd and its associates provide their services to you subject to the following conditions:

Intellectual property

We own or license all copyright and other intellectual property rights on this website. All rights are reserved. You may not copy, reproduce, publish, download, post, broadcast, transmit, adapt, alter, or create a derivative work from any content on this website. All pages within this website are the property of Empson Publishing Ltd. This website, including all materials, is protected by worldwide copyright laws and treaty provisions, whether or not a copyright notice is present on the materials. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorised copying of the materials on this website. Except as expressly set out in these terms offered, Empson Publishing Ltd does not grant you any express or implied rights.

Hyperlinked websites

Any link or frame (including hyperlinks, buttons, or referral devices of any kind) used on this website is provided for the use and convenience of the visitor. The appearance of a link on this website does not constitute an endorsement, recommendation, or certification by Empson Publishing Ltd, nor should the presence of a link in any way be construed as a suggestion that the website has any relationship with Empson Publishing Ltd. We have no control over the content of third party websites and the use of any linked or framed website is at your own risk.

Electronic communications

When you visit Empson Publishing Ltd’s website or send emails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by email, e-newsletters, by posting notices on this site, or through our social media network sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer

Empson Publishing Ltd and its associates attempt to be as accurate as possible. However, Empson Publishing Ltd does not warrant that the content of this site is accurate, complete, reliable, current, or error-free. Empson Publishing Ltd reserves the right to change, delete, or move any material at any time without notice. Empson Publishing Ltd makes no representation or warranty express or implied as to the accuracy or completeness of any of the information included on the website. Empson Publishing Ltd does not accept liability for any loss arising directly or indirectly from the use of or reliance upon information contained within the site. Empson Publishing Ltd shall not be liable to you or any third parties for any direct, indirect, special, consequential, or punitive damages allegedly sustained arising out of your use of content, or access to or inability to access the site. This includes viruses alleged to have been obtained from the site, your use of or reliance on the site or any of the information or materials available on the site, regardless of the type of claim or the nature of the cause of action. By having material on the site, or by linking to other sites, we do not endorse products or services or make a recommendation about them. You must rely solely on your own judgement as to the suitability of any product or service for your needs. Use of this site signifies your agreement with and acceptance of these Terms & Conditions.

Competition terms & conditions

Unless otherwise specified, competitions and giveaways conducted on this site are subject to the following conditions:

The instructions on the promotional material and entry page form part of these Terms & Conditions.
Entry is available only to residents of New Zealand, except employees of Empson Publishing Ltd and competition partners, unless otherwise stated.
You must be over the age of 18 to enter.
All entries must be on the relevant online entry form or via the method described in the competition instructions.
One entry per person please, unless otherwise stated.
All entries must be received on or before the closing date stated in the entry instructions.
The winner/s will be selected by random draw within one week of the closing date. The judge’s decision is final and no correspondence will be entered into.
Attempts will be made by Empson Publishing Ltd to notify the winner/s by telephone and/or email within a week of the draw. If Empson Publishing Ltd, having used reasonable efforts, is unable to contact a winner within a week of the draw, the winner’s prize will be forfeited and a further winner will be selected by random draw.
The winning prize/s is/are as stated on the promotional material. No part of the winning prize/s may be exchanged or converted to cash.
The winning prize includes free delivery to a single address in any New Zealand main centre, unless otherwise stated.
By entering the competition, winners agree that their name, photograph and personal details may be used by the promoter for promotional purposes.
Neither Empson Publishing Ltd nor any other person or party associated with the promotion shall be liable for any loss or damage whatsoever suffered (including, but not limited to, direct, indirect and/or consequential loss) or personal injury suffered or sustained in connection with either participation in the promotion or with any prizes offered.
Entry into the competition is deemed as acceptance of these terms and conditions.

Terms & Conditions of Trade

1. Definitions

1.1 “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
1.2 “Seller” means Empson Publishing Limited and associated trading entities Regional News and/or Destinationz, its successors and assigns or any person acting on behalf of and with the authority of the Seller.
1.3 “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting the Seller to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
- if there is more than one Client, is a reference to each Client jointly and severally; and
- if the Client is a partnership, it shall bind each partner jointly and severally; and
- if the Client is a part of a trust, shall be bound in their capacity as a trustee; and
- includes the Client’s executors, administrators, successors and permitted assigns.
1.4 “Incidental Items” means any goods, documents, designs, drawings or materials supplied, consumed, created or deposited incidentally by the Seller in the course of it conducting, or supplying to the Client, any Services.
1.5 “Services” mean all Services supplied by the Seller to the Client at the Client’s request from time to time.
1.6 "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
1.7 “Price” means the price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Services as agreed between the Seller and the Client in accordance with clause 2 of this Contract.

2. Acceptance

2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts, Services to be provided by the Seller.
2.2 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and the Seller.
2.3 None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.
2.4 Once accepted by the Client, the Seller’s quotation shall be deemed to interpret correctly the Client’s instructions, whether written or verbal. Where verbal instructions only are received from the Client, the Seller shall not be responsible for errors or omissions due to oversight or misinterpretation of those instructions.
2.5 Any advice, recommendations, information, assistance or service provided by the Seller in relation to Services provided is given in good faith, is based on information provided to the Seller, and the Seller’s own knowledge, and experience. Whilst it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Services, human error is possible under these circumstances, and the Seller shall make all effort to offer the best solution to the Client.
2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.

3. Price and Payment

3.1 At the Seller’s sole discretion the Price shall be either:
- (a) as indicated on any invoice provided by the Seller to the Client; or
- (b) the Seller’s quoted price (subject to clause 3.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty(30) days.
3.2 The Seller reserves the right to change the Price if a variation to the Seller’s quotation is requested. Variations will be charged for on the basis of the Seller’s quotation, and will be detailed in writing, and shown as variations on the Seller’s invoice. The Client shall be required to respond to any variation submitted by the Seller within a reasonable timeframe from the date of invoice provided by the Seller. Failure to do so will entitle the Seller to add the cost of the variation to the Price in accordance with clause 3.4. Payment for all variations must be made in full at the time of their completion.
3.3 Time for payment for the Services being of the essence, the Price will be payable by the Client on the date/s determined by the Seller, which may be:
- (a) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
- (b) the date specified on any invoice or other form as being the date for payment; or
- (c) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Seller.
3.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Seller nor to withhold payment of any invoice because part of that invoice is in dispute. Any invoice query/dispute will not be recognised if notified outside of three (3) days from the date of the invoice, then the Client may only withhold payment for that part of the invoice that is in dispute and shall pay the balance of the invoice when due
3.5 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to the Seller an amount equal to any GST the Seller must pay for any supply by the Seller under this or any other agreement for providing the Seller’s Services. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

4. Provision of Services

4.1 At the Seller’s sole discretion delivery of the Services shall take place when the Services are supplied to the Client at the Client’s nominated address.
4.2 Any time specified by the Seller for delivery of the Services is an estimate only and the Seller will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Services to be supplied at the time and place as was arranged between both parties. In the event that the Seller is unable to supply the Services as agreed solely due to any action or inaction of the Client then the Seller shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date.

5. Risk

5.1 Irrespective of whether the Seller retains ownership of any Incidental Items all risk for such items shall pass to the Client as soon as such items are delivered to the Client and shall remain with the Client until such time as the Seller may repossess the Incidental Items in accordance with clause 7.3(f). The Client must insure all Incidental Items on or before delivery.
5.2 The Seller reserves its right to seek compensation or damages for any damage, destruction or loss suffered in relation to the Incidental Items as a result of the Client’s failure to insure in accordance with clause 5.1.
5.3 The Seller agrees that there will be no charge in the preparation of the initial quotation (including but not limited to, Client discussions), however, in the event the Clients require proofs, mock-ups and/or edits, this shall be invoiced at the Seller’s hourly rate, unless specified otherwise in the initial quotation, therefore, this variation shall be detailed on the invoice as per clause 3.2.
5.4 Whilst every care is taken by the Seller to carry out the instructions of the Client, it is the Clients responsibility to undertake a final proof reading of the Services. The Seller shall be under no liability whatsoever for any errors not corrected by the Client in the final proof reading.

6. Proof Reading & Colour Proofs

6.1 Whilst every care is taken by the Seller to carry out the instructions of the Client, if the Seller submits to the Client a proof of advertising material, the Seller will not be responsible for any errors which appeared in the proof which were not corrected by the Client before the completion of the Services.
6.2 The Seller provides no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and substrates. The Seller will however, use its best endeavours to provide a commercially acceptable finished product.
6.3 The Client shall indemnify, and keep indemnified, the Seller at all times against all actions, proceedings, claims, demands, liabilities, either express or implied, and all costs, losses, losses of profit, damages and expenses whatsoever which may be taken against the Seller, or incurred or become payable by the Seller, resulting or arising from the Client being in breach of clause 6.1.

7. Title

7.1 The Seller and the Client agree that where it is intended that the ownership of Incidental Items is to pass to the Client that such ownership shall not pass until:
- (a) the Client has paid the Seller all amounts owing for the Services; and
- (b) the Client has met all other obligations due by the Client to the Seller in respect of all contracts between the Seller and the Client.
7.2 Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Seller’s ownership or rights in respect of the Incidental Items shall continue.
7.3 It is further agreed that:
- (a) the Client is only a bailee of the Incidental Items and must return the Incidental Items to the Seller immediately upon request by the Seller;
- (b) the Client holds the benefit of the Client’s insurance of the Incidental Items on trust for the Seller and must pay to the Seller the proceeds of any insurance in the event of the Incidental Items being lost, damaged or destroyed;
- (c) the Client must not sell, dispose, or otherwise part with possession of the Incidental Items. If the Client sells, disposes or parts with possession of the Incidental Items then the Client must hold the proceeds of sale of the Incidental Items on trust for the Seller and must pay or deliver the proceeds to the Seller on demand.
- (d) the Client should not convert or process the Incidental Items or intermix them with other goods, but if the Client does so then the Client holds the resulting product on trust for the benefit of the Seller and must dispose of or return the resulting product to the Seller as the Seller so directs.
- (e) the Client shall not charge or grant an encumbrance over the Incidental Items nor grant nor otherwise give away any interest in the Incidental Items while they remain the property of the Seller;
- (f) the Client irrevocably authorises the Seller to enter any premises where the Seller believes the Incidental Items are kept and recover possession of the Incidental Items.

8. Personal Property Securities Act 1999 (“PPSA”)

8.1 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:
- (a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
- (b) a security interest is taken in all Incidental Items and/or collateral (account) – being a monetary obligation of the Client to the Seller for Services – that have previously been supplied and that will be supplied in the future by the Seller to the Client.
8.2 The Client undertakes to:
- (a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
- (b) indemnify, and upon demand reimburse, the Seller for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Incidental Items charged thereby;
- (c) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Incidental Items and/or collateral (account) in favour of a third party without the prior written consent of the Seller.
8.3 The Seller and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
8.4 The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA.
8.5 Unless otherwise agreed to in writing by the Seller, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
8.6 The Client shall unconditionally ratify any actions taken by the Seller under clauses 1 to 8.5.
8.7 Subject to any express provisions to the contrary (including those contained in this clause 8), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

9. Default and Consequences of Default

9.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
9.2 If the Client owes the Seller any money the Client shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Seller’s collection agency costs, and bank dishonour fees).
9.3 Further to any other rights or remedies the Seller may have under this Contract, if a Client has made payment to the Seller, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Seller under this clause 9 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.

10. Cancellation

10.1 Without prejudice to any other remedies the Seller may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Seller may suspend or terminate the supply of Services to the Client. The Seller will not be liable to the Client for any loss or damage the Client suffers because the Seller has exercised its rights under this clause.
10.2 The Seller may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are delivered by giving written notice to the Client. On giving such notice the Seller shall repay to the Client any money paid by the Client for the Services. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.
10.3 In the event that the Client cancels delivery of the Services prior to delivery, the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Seller as a direct result of the cancellation (including, but not limited to, any loss of profits), notwithstanding that at the Seller’s sole discretion:
- (a) a minimum cancellation fee of fifty dollars ($50.00) may be apply for production work; or
- (b) a minimum cancellation fee of fifty dollars ($50.00) may be apply for editorial work; plus
- (c) any costs associated with any Incidental Items produced by the Seller prior to the cancellation.

11. Privacy Policy

11.1 All emails, documents, images or other recorded information held or used by the Seller is Personal Information as defined and referred to in clause 3 and therefore considered confidential. The Seller acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 2020 (“the Act”) including Part II of the OECD Guidelines and as set out in Schedule 8 of the Act and any statutory requirements where relevant in a European Economic Area “EEA” under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). The Seller acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by the Seller that may result in serious harm to the Client, the Seller will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
11.2 Notwithstanding clause 1, privacy limitations will extend to the Seller in respect of Cookies where the Client utilises the Seller’s website to make enquiries. The Seller agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
- (a) IP address, browser, email client type and other similar details;
- (b) tracking website usage and traffic; and
- (c) reports are available to the Seller when the Seller sends an email to the Client, so the Seller may collect and review that information (“collectively Personal Information”)

If the Client consents to the Seller’s use of Cookies on the Seller’s website and later wishes to withdraw that consent, the Client may manage and control the Seller’s privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.

11.3 The Client authorises the Seller or the Seller’s agent to:
- (a) access, collect, retain and use any information about the Client;
  - (i) (including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client’s creditworthiness; or
  - (ii) for the purpose of marketing products and services to the Client.
- (b) disclose information about the Client, whether collected by the Seller from the Client directly or obtained by the Seller from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
11.4 Where the Client is an individual the authorities under clause 3 are authorities or consents for the purposes of the Privacy Act 2020.
11.5 The Client shall have the right to request (by e-mail) from the Seller, a copy of the Personal Information about the Client retained by the Seller and the right to request that the Seller correct any incorrect Personal Information.
11.6 The Seller will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
11.7 The Client can make a privacy complaint by contacting the Seller via e-mail. The Seller will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at http://www.privacy.org.nz/comply/comptop.html.

12. General

12.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
12.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Wellington Courts, New Zealand.
12.3 The Seller shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Seller of these terms and conditions (alternatively the Seller’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services).
12.4 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party.
12.5 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.