Terms and Conditions
General disclaimer of liability for content on our website
1. Oceania Media Limited (“OML”) is providing this site on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties except where such warranties are deemed to apply by law. In addition, OML makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of OML howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
2. Neither OML nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site to the fullest extent permitted by law, neither by OML nor any of its directors, employees or other representatives will be liable for loss or damage. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
3. Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under the Consumer Guarantees Act 1993 or other statutory rights which may not be excluded.
4.1 News, articles, contributions, photographs, drawings and information (“the material”) on www.oceaniamedia.co.nz and all other websites published by OML (hereinafter referred to as "we" or "the company") is provided free of charge on the basis that the company expressly disclaims any warranty in the material published. While taking all reasonable care to ensure that the material is accurate, the company accepts no liability for any error or omission and further, accepts no direct, incidental or consequential loss or damages arising from its publication.
4.2 OML is the proprietor of all of the intellectual property and get-up in all its publications both print and online including www.oceaniamedia.co.nz, www.SPASIFIKmag.com and www.pacificpeopleshealth.co.nz
4.3 All material published is copyright of Oceania Media Limited and/or the original authors, photographers or contributors and not in relation to any business or commercial activity. The material is provided for the use of individual readers only and may be accessed (and printed) for your personal use only. All other trademarks, brand names, product names and titles and copyrights used in this site are trademarks, brand names, product names or copyrights of their respective holders. No permission is given by OML in respect of the use of any of them and such use may constitute an infringement of the holders rights.
While we welcome all normal links to our sites we regard "deep linking" an infringement of our copyright. Vide links information below if you would like to link to our website.
4.4 All images on the website are copyright protected. The purchase of an image does not carry with it the right to make a reproduction of it in any form without the prior written consent of the photographer. A prior payment of a reproduction fee may be required.
4.5 Links to external sites
4.6 Linking to our websites
You are welcome to link to SPASIFIKmag, Oceania Media, Pacific Peoples Health provided however, the form of the link shall clarify that the link is to an external site. We would prefer links to go to the home pages or the first page of any of the main sections of the following sites (i.e. SPASIFIKmag, www.oceaniamedia.co.nz, www.pacificpeopleshealth.co.nz etc). Linking to other sections or pages runs the risk of your site containing broken links as we do not offer any warranty regarding location addresses which may be changed at any time without prior notice. Any specific requests in respect of linking may be directed to email@example.com. We regard "deep linking" as an infringement of our copyright.
4.7 To get a link from OML websites
We may provide links to many other sites. If you would like us to consider putting a link to your site, email details firstname.lastname@example.org with a brief description of your site. We reserve the right to refuse or discontinue any unpaid link at any time without notice or giving reason.
5.2 By using this site, you hereby agree to the policy of OML. If you do not agree to the policy, please do not use this site. OML reserves at its sole discretion, the right to modify this policy at any time whatsoever.
5.3 Any information posted on online forums becomes public information. We advise you to use caution when sharing personal information on such forum made available on this site as any of it can be collected and used by people you may not know. We further advise users under the age of 18 years not to divulge any personal information. While OML strives to protect and respect your privacy, it cannot guarantee the security of any information you disclose on such forum and any information so shared is at your own risk, and we accept no responsibility for any loss or damage suffered by you on disclosure of such information.
The information we collect and how we use it
5.4 When you register for our service we need to know your name, postal address, e-mail address, telephone number, credit card number and expiry date, if applicable.
5.5 We gather this information to allow us to process your registration, process any orders you may make. The relevant information is then used by us, our agents and sub-contractors to provide you with statements of your account and to communicate with you on any matter relating to the conduct of your account and the provision of the service in general.
5.6 We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.
5.7 From time to time we may provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the services we provide. We or our agents and sub-contractors may contact you by post, e-mail or telephone to ask you for your feedback and comments on our services.
5.8 We and any related companies may also wish to provide you with information about special features of our website or any other service or products we think may be of interest to you. You have the right at any stage to choose not to receive such information. If you would rather not receive this information, please send a request by email to email@example.com
5.9 We may also want to provide you with related information from third parties we think may be of interest to you. You have the right at any stage to choose not to receive such information. If you would rather not receive this information, please send a request by email to firstname.lastname@example.org
5.10 We may also provide your information to carefully selected third parties whose products or services we believe may be of interest to you. You have the right at any stage to choose not to receive such information. If you would rather not receive this information, please send a request by email to email@example.com
6.1 A cookie is a small data file that a website transfers to online users' hard drives to remember service settings. Cookies do not personally identify you when you use our websites. Cookies allow us to gather the following information: the date and time of your visit, the duration of your visit, the pages you visit, the domain name from which you access the internet and the referring address you linked from. We use this information to measure the number of visitors to the different pages of our site and to help us make our site more useful to you.
6.2 Can I get rid of cookies?
Yes. You can set your browser to notify you when you receive a cookie, and to decline or accept it. However, cookies do help to keep websites working more efficiently.
7. How we protect your information
The internet is not a secure medium. However we have put in place various security procedures as set out in this policy.
7.1 OML websites do not collect any personally identifiable information unless you provide it to us. When you’re checking out our website, certain information can be passively collected (that is, collected without you actively giving us the information) using various technologies, such as cookies.
7.2 If you sign up to our website and submit personally identifiable information to us, we make our best efforts to keep this information protected. Unfortunately, no transmission over the internet can be guaranteed to be 100% secure. So while we strive to protect your personal information, we cannot ensure the security of any information you send to us. However, once we receive your transmission, we do everything in our power to ensure its security on our systems. Please remember that whenever you voluntarily give out personal information online, for example on message boards, through e-mail, or in chat areas, that you are giving strangers access to your details which can be misused. SPASIFIKmag.com strongly recommends that you never post personal information in any public area of the Internet. If you are under 13 years old and you decide to post or send personal information to us or to other areas on the Internet, we suggest you check with your parents that it's okay.
7.3 We also keep your information confidential. The internal procedures of OML cover the storage, access and disclosure of your information.
8. Sale of business
If this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
9. Updating your details
If any of the information that you have provided to OML changes, for example if you change your e-mail address, name or payment details or if you wish to cancel your registration, please let us know the correct details by sending an e-mail to firstname.lastname@example.org or by sending a letter to Administration, PO Box 291, Kumeu, Auckland 0841.
10. Your consent
10.2 Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside New Zealand that do not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try to improve the security of your information. By submitting your information you consent to these transfers.
11. How to contact OML
Credit terms and conditions for the supply of goods through our website
12. The contract between us
We must receive payment of the whole of the price for the magazine subscriptions, VIP online subscriptions, back issues of magazines or other products or services (“the goods”) that you order before your order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted to us when we send to you an email that the goods have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.
13.1 The prices payable for goods that you order are as set out in our website.
13.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
14. Right for you to cancel your contract
14.1 You may cancel your contract with us for the goods you order at any time up to the time you receive the ordered goods provided however, if the package or seal enclosing the goods is open or broken or the goods are taken out of the sealed package in which it was delivered to you then you cannot cancel your contract.
14.2 You may cancel your contract with us for the goods relating to online subscriptions you order at any time up to the end of the seventh working day from the date you receive email confirmation of the ordered goods. You do not need to give any reason for cancelling your contract nor will you have to pay any penalty under this clause 14.2.
14.3 You cannot cancel your contract if the goods you have ordered are audio or video recording or computer software and the goods are taken out of the sealed package in which it was delivered to you
14.4 To cancel your contract you must notify us in writing.
14.5 If you have received the goods before you cancel your contract then [unless, under clause 14.1 and 14.3, you do not have a right to cancel] you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
14.6 Once you have notified us that you are canceling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the `condition` they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
15. Cancellation by us
15.1 We reserve the right to cancel the contract between us if:
(a) we have insufficient stock to deliver the goods you have ordered; or
(b) we do not deliver to your area; or
(c) we do not have sufficient online accounts available; or
(d) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
15.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
16. Delivery of goods to you
16.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
16.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
16.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
17.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we will have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
17.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this `condition`, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
17.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this `condition` and we will have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 17.2(c) above.
17.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
17.5 Notwithstanding the foregoing, nothing in these terms and `condition`s is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and condition`s, all notices from you to us must be in writing and sent to our contact address at PO Box 291, Kumeu, Auckland 0841 and all notices from us to you will be displayed on our website from to time.
19. Events beyond our control
We will have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and `condition`s is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these `condition`s will not be affected.
22. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contract (Privity) Act 1982 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
23. Governing law
The contract between us shall be governed by and interpreted in accordance with New Zealand law and the New Zealand courts shall have exclusive jurisdiction to resolve any disputes between us.
Terms and Conditions relating to classifieds section
24.1 OML accepts all advertisements in respect of its listing space in the various categories (“the advertisements”) from you for publication in all OML publications under OML’s control on the following terms and conditions and such terms and conditions will apply to:
(a) classified advertising in SPASIFIKmag and other OML controlled online and print media;
(b) Online advertising on OML controlled web sites; and
(c) All other advertising services provided to the customer by OML.
25. You as Advertiser
‘You’ shall mean the Advertiser and shall include an Advertising Agency that instructs OML to place advertisements.
26. Your Undertaking
26.1 You hereby undertake to OML that no advertisement will:
(a) Give rise to any claims or liabilities against OML, its employees or agents;
(b) Infringe any copyright, trademark, registered design, patent or other intellectual property rights of any person;
(c) Contain material that is obscene, offensive, defamatory or otherwise unsuitable for publication;
(d) Be or likely to be misleading or deceptive or infringe the provisions of the Fair Trading Act 1986 or any other statute, or regulation.
26.2 You hereby indemnify OML and its employees and agents and agree at all times hereafter to keep the OML indemnified from and against all losses and expenses (including legal costs) which OML may suffer or incur in consequence of any breach or non-observance of any of the covenants terms and `condition`s contained hereof on your part to be performed or observed and the you agree that you shall remain liable to OML under this indemnity until all moneys shall have been paid and all obligations and indemnities performed and satisfied notwithstanding as a consequence of such breach or non-observance OML may have exercised any rights available to it whether by contract, at law or otherwise and notwithstanding that you may be wound up or dissolved and notwithstanding that any guarantee given by you may for any reason whatsoever be unenforceable either in whole or in part.
27. OML’s Rights
27.1 OML may in its sole and unfettered discretion without notice to you:
(a) Alter any advertisement if it deems necessary;
(b) Refuse to publish any advertisement; and
(c) Cancel, reject or refuse to publish any advertisement and OML shall not be required to provide reasons for such rejection or refusal at any time whatsoever.
28. No Guarantee
28.1 OML will attempt to provide you with the positioning of the advertisement on the site page as you request in respect of an advertisement provided however, OML does not guarantee the following:
(a) That your product featured in the advertisement will be the only product of that type featured on that part or any other site page or anywhere on the site;
(b) OML shall not be responsible in any way whatsoever in the event that the your request cannot be granted; and
(c) The availability of the chosen colour and style classified advertising. Your advertisement may appear in black and white and OML will refund extra charges pertaining to colour classified advertising.
29.1 Except as provided herein, OML excludes to the fullest extent permitted by law, all warranties, representations and `condition`s whether implied by law, trade or otherwise. OML and its employees or agents shall under no circumstances be liable whether in tort, contract or otherwise for any indirect loss, loss of profits, consequential loss or damages suffered by you or any other person. The liability of OML including its officers, employees and agents to you shall be limited to the amount commensurate with the cost of the space of the respective advertisement and the said liability may arise for any loss or damage touching these terms and conditions or advertisements including errors however caused whether by negligence, system failure, misclassifications, internet outage, viruses, worms or delay. OML shall bear no liability whatsoever if you do not advise OML of any error within five (5) days of publication of the advertisement.
Consumer Guarantees Act 1993 (“the Act”)
29.2 For the sake of clarity, the provision of the Act is expressly excluded if you are not a consumer under the Act and acquire or hold yourself out as acquiring goods or services from OML for the purposes of a business. Notwithstanding this clause nothing in these `condition`s will affect your rights as a consumer under the Act.
30. Events Beyond OML’s Control
30.1 OML will not be liable to you or any other person for any loss whatsoever occasioned due to the non-publication of an advertisement arising from any cause beyond OML’s control. Such event may include any failure of OML’s site or computer networks (“the outage”). OML will take responsibility to restore its site and any links thereof should such an event occur. You may cancel your contract for any affected advertising if the site is not restored within ten (10) working days of the outage.
30.2 You shall collect advertising material submitted to OML immediately after publication if you require advertising material returned provided however, OML will not be responsible for any loss or damage to any advertising material submitted.
30.3 You shall not assign your advertising space to any third party or place advertisements on behalf of third party advertisers.
31. Variation of Terms
31.1 We reserve the right to vary these terms and conditions at any time without prior notice provided however, any variation will not affect prior agreed advertising orders and you may cease advertising with OML if you do not agree with the variations.