This website (“Site”) is operated by Fairfax New Zealand Limited (“Fairfax”, “we”, “us’ and “our”). These Terms apply to all users (“User”, “you” and “your”) of the Site and your use of the service provided on the Site (“Service”).
By visiting the Site and using the Service you are deemed to have accepted and be bound by these Terms. Please read these Terms carefully before accessing the Site or using the Service. If you do not agree with all the Terms you may not access the Site or the Service.
The Service provided on the Site is the self-service booking of advertising in Stuff publications, websites and Associate media. Except where expressly set out in these terms or agreed by us in writing, all advertising booked on the Site will be subject to Stuff’s advertising terms and conditions, available here: https://advertise.stuff.co.nz/advertising-terms-and-conditions/ (“Advertising Terms”).
Registering for Use
You must create an account on the Site (“Account”) by registering your details and completing the Stuff Credit Application Form. We may approve or decline your application in our sole discretion.
Stuff will only accept users for the KPEX services where you are an existing customer and Stuff has approved the advertising for the KPEX platform.
You must not use false or misleading information when registering to use the Service and your obligations will not be reduced in the event you provide false or misleading information when registering for your Account.
If your details change during your use of the Service you must provide us with your updated details. We are not responsible for any loss of damage which may occur as a result of you providing us with incorrect information.
If you are booking advertising on behalf of a company or advertiser, you represent and warrant that you have the requisite authority of the company or advertiser to use this Service on their behalf.
You must be over 18 years old and be able to enter into a legally binding contract in order to create an Account and use this Service.
You are responsible for the security of your Account username and password. We may assume that anyone using your Account is authorised to do so by you. Unauthorised access and use of your Account will, under no circumstance, reduce your liability in connection with using the Service. This includes your obligation to pay for advertising booked as a result of using your Account. You must immediately notify us if you become aware of any unauthorised use of your Account or any other security breach.
Stuff may suspend or cancel your Account or refuse you access to the Site and/or Service at any time for any reason including, but not limited to, any breach or violation of these Terms.
Purchasing Advertising Inventory
On the Site there are three options for purchasing advertising inventory: KPEX, Digital Inventory and Print Inventory. When making an order for advertising inventory, you must follow the instructions on the Site as to how to make your order .
Submitting an order for advertising inventory on the site constitutes a legally binding offer for the purchase of the advertising inventory.
Minimum advertising spends may apply, including:
a. KPEX – $500 plus GST
b. Digital Inventory – $1,000 plus GST
Where you purchase Digital Inventory or Print Inventory, you will receive an email confirming your order (“Confirmation Email”) that will include the relevant booking number and the deadlines to submit the material. You will also receive an email from ATOL (including login information), so that you are able to login and upload the material ready for publication. Fairfax will send a notification where we have not received the relevant material at the deadline.
Where you purchase inventory via KPEX, details of the relevant campaign will be displayed on your Dashboard. You may cancel a campaign booked for KPEX at any time using the Dashboard.
In accordance with Fairfax’s standard advertising terms and conditions, if you wish to cancel Digital Inventory or Print Inventory you must communicate this to us in writing. A cancellation fee may apply.
Terms relating to the purchase and payment for advertising inventory are set out in Fairfax’s standard advertising terms and conditions. Payment is due on the 20th of the month following advertising unless we specify otherwise in writing. If payment is not made by the due date you will be liable for all costs of recovery, commission and collection fees at market rate.
Where you upload an electronic file containing the material to be published by us. You agree that all files will be free from corruption, viruses and any other defect that may affect our ability to publish the material.
Variation to the Site and Service
We may, from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Service. We undertake no obligation to update, amend or clarify information on the Site including, but not limited to, pricing information, except as required by law.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any part of the Service or the Site.
You agree not to reproduce, duplicate, copy, sell or exploit any portion of the Site or Service, without express written permission by us.
You are prohibited from using the Service or any part of the Site or its content:
a. for any unlawful purpose;
b. to solicit others to perform or participate in any unlawful acts;
c. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
d. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f. to submit false or misleading information;
g. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
h. to collect or track the personal information of others;
i. to spam, phish, pharm, pretext, spider, crawl, or scrape;
j. for any obscene or immoral purpose; or
k. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited use.
The content on the Site is derived from sources believed to be accurate and current as at the date indicated by reference to the “last reviewed” date, indicated in the respective sections of the Site. However, due to the number of sources from which content may be obtained and the inherent hazards of electronic distribution, we nor any of our content suppliers, or our respective directors, officers, agents, employees or contractors:
give any representation or warranty as to the reliability, accuracy or completeness of the content; or warrant that any of the functions contained in any content or your access to the Site, will be uninterrupted or error-free.
Neither we, nor any of our content suppliers, or our respective subsidiary companies, officers, employees and agents shall, under any circumstances, be liable in any way for any loss; or direct, indirect, consequential, incidental, indirect or special damages, of any kind or any other damages howsoever arising (whether in negligence or otherwise), out of or in connection with the content and/or any omissions from the content.
The Consumer Guarantees Act 1993 does not apply to the supply of services to you by us on or through the Site, if you are acquiring or holding yourself out as acquiring those services for the purposes of a business.
In the case of goods or services supplied or offered by us, any supplier of content to us or their respective subsidiary companies and their officers, employees and agents, liability for breach of any implied warranty or condition which cannot be excluded is limited at the relevant party’s option to either: the supply of the goods (or equivalent goods) or services again; or the payment of the cost of having the goods (or equivalent goods) or services supplied again.
These Terms are governed by the laws of New Zealand.
All questions about these Terms should be directed to firstname.lastname@example.org