Advertising Terms

These Advertising Terms & Conditions apply when anyone uses the Under 5s website www.under5s.co.nz or receives any products or services offered by Under 5s Limited for advertising purposes.

Use of this website confirms your acceptance of these terms.

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Our obligations


Under 5s' general obligations to you as an advertiser include:
 
  • providing our services in accordance with our agreement with you
 
  • promptly responding to any questions you may have about our services and the Under 5s website www.under5s.co.nz itself
 
  • providing you with clear information about our billing and charges when requested

At  Under 5s we have the right to enforce our Advertising Terms & Conditions and to determine where necessary:
 
  • whether you meet our criteria for placing advertisements on the Under 5s website
 
  • the final look and feel of your advertisement so that it complies with the Under 5s’ website specifications
 
  • the category in which your advertisement will appear on the Under 5s website, over and above the selection that you have supplied us
 
  • the placement of your advertisement within that category

We also reserve the right to:
 
  • ask you to substantiate any claims about your business, organisation, products or services that you make in your advertisement
 
  • request amendments to your advertisement
 
  • refuse to accept or publish your advertisement if we believe it is incompatible with our guiding principles and our social responsibility
 
  • cancel or remove your advertisement if we deem it is not in the best interests of Under 5s Limited, or may injure the good name or reputation of Under 5s Limited or any of its related brands

We make every effort to ensure the availability of the Under 5s website and its services, subject to any downtime required for maintenance.

However, Under 5s takes no responsibility for and will not be liable for the website when it is temporarily unavailable due to technical issues beyond our control, nor for any loss or damage whatsoever arising from loss or corruption of data or profits arising out of or in connection with the use of this website.

If we are found to have any direct liability to any advertiser in any circumstance, that liability is limited to the cost of the advertising space for the relevant material in the website.

 

Your obligations


Your obligation as an advertiser is to comply with our Terms of Use and to ensure that the products and services that you advertise on the Under 5s website www.under5s.co.nz are relevant and appropriate to our site visitors.

Your obligations when using or receiving Under 5s' services include confirming that you are obtaining our products and services for genuine business purposes and that you (and any person acting on your behalf) has authority to enter into this agreement with us.

Your obligations also include making sure that any content you provide, use, or make available for use in your advertisement:
 
  • complies with our Advertising Terms & Conditions
 
  • is compatible with our website specifications
 
  • is complete and accurate and is not misleading or confusing, including any representations or claims about your business or organisation and your membership of any business or trade associations
 
  • complies with all relevant laws, regulations, codes and standards in relation to the products and services being advertised through your advertisement, your use of our website and any content that you provide, use, or make available for your advertisement
 
  • is owned by you or you have the rights to provide it, use it, or make  it available for use and distribution as part of your advertisement
 
  • does not infringe anyone else’s intellectual property or privacy rights and is not defamatory, offensive or obscene
 
  • is not about or concerning a third party without that third party’s consent
 
  • does not advertise any product that is subject to an unsafe goods notice
 
  • does not damage, interfere with or harm Under 5s' services or website, or any network or system underlying or connected to them, or attempt to do so
 
  • does not use a robot, spider, scraper or other unauthorised automated means to access the Under 5s website or any information featured on it for any purpose
 
  • does not link directly or indirectly to a site that contains spyware or malware downloads or facilitates or promotes collection of demographic and usage information from a user’s computer without the user’s express consent
 
  • only includes a URL or domain name within the body of the advertisement that links to that same URL or domain
 
  • does not require site visitors to first enter personal information (such as name, date of birth, or phone number) from any landing pages linked from www.under5s.co.nz, except to enable an e-commerce transaction and/ or where the intent of the information is clear

As an advertiser on the Under 5s website, you agree to compensate and indemnify Under 5s Limited against any loss, damage, liability or claims that we suffer or become liable for as a result of your failure to comply with our agreement with you.

Under 5s Limited does not participate in any discussion or transaction between advertisers or their potential or confirmed customers, nor do we act as an agent for either party.

Transactions and all other contact between you and any customers are conducted entirely at your own risk. You agree not to involve Under 5s Limited in any dispute or in the resolution of any disputes that may arise.

 

Creating ads


All advertisements which appear on the Under 5s website www.under5s.co.nz must be created by you and in accordance with our Advertising Terms & Conditions and website specifications.

We have sole discretion to determine the types of advertising and promotion that will be accepted and displayed on the Under 5s website.

We are not responsible for the content, colour limitations or accuracy of third-party advertisements (including hyperlinks to advertisers’ own websites).

Each advertiser is solely responsible for any representation made in connection with its advertisement.

No responsibility can be accepted for any loss arising from failure of all or part of an advertisement to appear or for any error in an advertisement.

Advertisers are responsible for providing:
   
  • clear proofed descriptions of their business
 
  • their own or third party approved images
 
  • hyperlinks to their preferred contact email address and website
 
  • correct contact details for invoicing purposes

Advertisers need to ensure that each of their advertisements complies with the relevant codes of practice issued by the Advertising Standards Authority (ASA).

Material is held at the advertiser's risk and is not insured by Under 5s Limited.

Advertisers agree to indemnify Under 5s Limited against all losses or costs arising directly or indirectly from publication of the material on the Under 5s website, and from any costs incurred from making corrections or amendments in accordance with the Under 5s Limited terms and conditions.

 

Changes to ads


Once your advertisement is live, we may make reasonable changes in-line with your feedback before it is republished, including moderating the content or changing out images. However, we reserve the right to refuse to accept any of your proposed changes at our discretion.

In order to get the most out of the Under 5s website, it’s important that you ensure that the content of your ad is relevant to our consumers namely parents with babies, toddlers and pre-school children under 5 years old.

We will investigate all complaints and reports of content that does not comply with our web terms of use. However we will not remove or change content simply because it may be unfavourable to you or to any other featured business.

 

Placing ads


The placement of advertisements on the Under 5s website is at the discretion of Under 5s Limited and does not mean that we favour, endorse or recommend any of the advertised products or services that are listed.

Our search function operates in a way that site visitors can easily and logically find what they are looking for based on relevancy. We reserve the right to display advertising in a way that we believe best serves site visitors’ needs.

You may purchase advertising space in more than one category or sub-category on the Under 5s website. However, Under 5s Limited has the right to remove your advertisement from any category or sub-category should we feel it is not relevant.

 

Payment


All invoices issued to your for your ad on the Under 5s website must be paid for on or before the invoice due date via direct credit. This forms part of our agreement with you.

If you do not pay our charges by the due date, your advertisement will no longer be valid and will be removed from the Under 5s website until such times that the invoice is paid.

All advertising placement charges are in New Zealand dollars and include Goods and Service Tax (GST).

Under 5s Limited reserves the right to revise advertising rates at any time.

Where we have agreed in our invoice to charge you a fixed price for a defined period of time, once that period expires, you will be charged at our current rate card rates unless otherwise agreed.

 

Terminating our agreement


Our agreement with you will continue until terminated by either of us, as provided for in these terms of business. 

You can terminate your agreement with us if we breach a material term of this agreement and if we don’t fix that breach within 10 working days after we get a written notice from you identifying the breach and asking us to fix it.

You can also terminate this agreement, in full or in part, if you no longer wish to receive any or all of our products and services or appear on the Under 5s website.

This request for termination for convenience must be received in writing from you before we will remove your ad from the Under 5s website. We will do this as soon as reasonably possible and after we have verified that this request is genuine.

We will not refund you any charges that have been paid in advance. Once your advertisement is live on the Under 5s website, we consider it to be a completed transaction.

We may terminate our agreement with you in full or in part at any time by contacting you in writing if we receive a complaint or series of complaints about you or your business, or if we deem your behaviour, your advertisement or any content that you have provided to be unacceptable.

If we terminate our agreement with you in full or in part for any of these reasons then we will not provide you with a refund of any charges that you have paid to us in advance and you must pay any outstanding amounts due under this agreement. 

Even though this agreement may have been terminated by either of us, those rights and responsibilities which are intended to continue after this agreement ends won’t be affected by that termination.

 

Ownership


You will continue to own or have the right to use any content that you provide to us for use in your advertisement.

We own or are licensed to use all rights including copyright in:
   
  • our trade marks, brand names, badges, icons, logos and domain names
 
  • the images in our image library
 
  • data that we collect or that is generated through or in relation to our services and website www.under5s.co.nz
 
  • all content published, contained, posted or uploaded in or on the Under 5s website

As copyright owners, Under 5s Limited decides who gets to use that content and the kinds of use they can make of it.

Except for content that we allow to be shared for specific purposes through Facebook, Twitter or other social media, you must not use any of our property without our permission.

 

Privacy


Under 5s Limited is committed to protecting your privacy. Please refer to our Privacy Policy for more information on how we use and protect any information that you give us when you use the Under 5s website.

Under 5s Limited may change these terms or any other information contained in this website at any time without notice. We encourage you to check these terms regularly.

By continuing to access this website you agree to be bound by any and all amended terms. Amendments will be effective immediately upon posting the amended terms and conditions on this website.


 

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mailinfo@under5s.co.nz
phone09 376 4408
PO Box 147429
Ponsonby
Auckland 1144

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