In these conditions “We” are Josef Produce Limited (being the legal owner of the Grower2Grower domain name) and “Customer” is the person or company placing material for publication on our website.
Warranties and Representations
1. In accepting any material including electronic material or data for publication, we are relying on the Customer’s express warranty, the truth of which is essential that the material does not contain anything:
1.1 that is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Fair Trading Act 1986
1.2 that is defamatory or indecent or which otherwise offends against generally accepted community standards
1.3 that infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights
1.4 that breaches any right of privacy or confidentiality
1.5 that breaches any provision of any statute, regulation, by-law or other rule or law, and
1.6 that the material complies in every way with the Advertising Codes of Practice issued by the Advertising Standards Authority Inc. (“ASA”) and with every other code or industry standard relating to advertising in New Zealand;
1.7 that Publication of the material will not give rise to any liability on our part or in a claim being made against us in New Zealand or elsewhere; and
1.8 that the material does not contain any cookie, tracking tag or other tracking device unless we have provided our prior written consent to such inclusion. To the extent we consent to you collecting information relating to our users (“User Information”) you may only use such information for your internal statistical purposes and solely in respect of the advertising campaign the subject of the insertion orders. For the avoidance of doubt, you must not disclose any User Information to any third party, and must not use any User Information in connection with any advertising campaigns on any third party properties or websites. If you are a representative of an advertiser, this does not prevent you from disclosing the User Information in summary format only to the advertiser, provided you procure that the advertiser only uses such information in accordance with this clause 1.8, and without limiting our rights or remedies, we may immediately remove any advertisement without liability in the event of any breach by you (or the advertiser) of this clause. Any such termination will not affect your obligation to make payment.
Indemnity and Disclaimer of Warranty
2. Customers indemnify Grower2Grower and all its officers and employees, against any costs, expense, losses, damages and liability it suffers or incurs arising from Customers’ breach of these terms and any negligent or unlawful act or omission of Customer in connection with the advertising.
3. We will not be liable for any indirect or consequential loss (which includes loss of revenue or profit) from an error or omission in material published, or for failure to publish, whatever the reason for the error. If we are found to have any direct liability to our Customer in any circumstance that liability is limited to the cost of the advertising space for the relevant material in the website.
4. We must receive creative information from the Customer in an acceptable form including a click-through URL no later than five (5) working days prior to commencement of a campaign. Any late delivery of creative material resulting in the delay of a campaign is the responsibility of the Customer. The campaign will be deemed for invoicing purposes to have begun on the original start date specified in the booking.
5. We may refuse to publish, or withdraw material from publication without having to give a reason.
6. We may publish the material at a time different from that originally booked if there is an error or delay in publication of the material as booked.
7. All creative submissions are subject to reasonable approval by us. We may require that material is corrected or amended to conform to style, or for other genuine reasons. Approval under this clause in no way represents a waiver in relation to any warranty or representation under clause 1.
8. The positioning or placing of any material within the website is at our discretion except where specifically agreed in writing.
9. We may take orders for advertising material in specific placements. Placements may be used only by the Customer for advertising of the Customer’s usual business and may not be transferred by the Customer to another person.
10. The Customer must tell us as soon as possible if there is an error or omission in any material the Customer has placed.
10. All cancellations of advertisements, on the Grower2Grower website, will be made in writing to the Advertiser.
11. If the cancellation is within the timeframe, that was initially agreed for the advertisement to appear, the agreed cost of the overall advertisement will be pro-rated, to reflect the period of early termination.