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PLEASE READ THESE TERMS AND CONDITIONS, THEN CLICK
'ACCEPT' OR 'DECLINE' AT THE BEGINNING OR END OF THIS DOCUMENT.
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The Terms and Conditions set out below cover the use
of the data and documentation contained on this website, http://prrads.com and refers
to all online products pertaining to it and including the PRRADS Online Ratecard
Service, Media Directory and Production + and any other products brought into being
at a later date (PRRADS Online) by Nielsen Media Research.
PRRADS is a registered trademark of ACNielsen (NZ) Ltd.
Operating it's advertising and media research services under the tradename "Nielsen
Media Research" and hereafter referred to as "NMR".
PLEASE NOTE that the Customer must read these Terms and
Conditions carefully prior to activating the "Accept" button to access any further
information. By clicking on the Accept button you, the Customer, shall be deemed
to have accepted the Terms and Conditions governing the use of PRRADS Online. Should
you choose not to be bound by these Terms and Conditions, activate the "Do Not Accept"
button and notify NMR. Following that your subscription will be terminated.
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LICENSE
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In return for payment of the price of PRRADS Online NMR
grants the Customer a non-exclusive non-transferable license (with no rights of
sub-license) to use PRRADS Online in accordance with the Terms and Conditions set
out here which, subject to any non-excludable laws are the entire Terms and Conditions
governing the Customer's use of PRRADS Online. This license will commence as soon
as the Accept button is clicked.
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RIGHT OF USE
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Unless otherwise agreed in writing and in advance the
Customer will receive up to 10 individual logon and matching passwords for individual
employees of the company to access the data on the website. The logon and passwords
are to be completely confidential between NMR and the staff member. They are non-transferable
and each may only be used by a single employee and only while employed by the customer.
The customer agrees to notify NMR of any changes in staff who have access to the
website within 5 working days. The information on the website http://prrads.com
is copyright and is strictly for the Customer's own use and must not be copied for
distribution, publication or dissemination ( other than to employees of the customer
who require copies of the information for the purposes of their employment) or used
in whole or in part for resale, hire or broadcast without NMR's prior written permission.
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PROPERTY AND OWNERSHIP
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The license granted to the Customer in these Terms and
Conditions does not make the Customer the owner of PRRADS Online nor does it cause
any transfer or assignment of any proprietorial rights in PRRADS Online to the Customer.
Ownership of PRRADS Online and /or proprietorial rights in PRRADS Online remains
in NMR and nothing in these Terms and Conditions shall assign or transfer to the
Customer any rights in the copyright or other intellectual or industrial property
rights in PRRADS Online. The Customer may not under any circumstances allow any
party outside of the Customer's license agreement to use or have access to or have
a copy of their licensed subscription to PRRADS Online. Any breach of this term
and condition will result in costs being charged to the Customer for lost revenue,
and the immediate termination of the Customers License to PRRADS Online. An extra
payment of $20,000.00 will be imposed on any Customer who has breached this term
and condition and wishes to re-subscribe to the PRRADS Online service.
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LIABILITY
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Every effort has been taken by NMR to ensure the accuracy
of the information contained on this website. Neither NMR nor its employees, has
any liability to the Customer as a result of the use of this website or the information
included within it, whether in contract or tort, including negligence, equity or
otherwise. NMR does not have to pay the Customer or anyone else for anything else
caused by, resulting from or relating to anything NMR has done or omitted to do,
whether or not it is contemplated or authorized by NMR. This applies no matter how
or why any liability, injury, expense, loss of profits or other loss might arise.
NMR makes or gives no warranty, undertaking or representation in relation to the
condition, correctness, suitability, accuracy, quality, fitness, completeness, safety
or title of PRRADS Online as the case may be except as expressly provided in these
Terms and Conditions.
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The information contained in PRRADS Online is based upon
information provided by various media included in the directory and if in the doubt
as to the accuracy of the information contained in PRRADS Online, reference should
be made to media or company listed in the directory. All rates listed are commission
bearing unless stated otherwise. The Customer acknowledges that it has not relied
on NMR's representation, descriptions, specifications, skill or judgment in purchasing
this license to use PRRADS Online and that the Customer is satisfied as to the condition
and suitability of PRRADS Online for its purposes.
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TERMINATION
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NMR may terminate the License of PRRADS Online to the
Customer immediately:
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if the Customer is in breach of any Clause of these Terms
and Conditions;
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or
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if the Customer fails to make payment to NMR for the
license of PRRADS Online.
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Immediately upon termination of the Customers license
to use PRRADS Online for any reason whatsoever, the Customer rights under these
Terms and Conditions shall cease. The Customer will immediately return to NMR any
copies, in whatever form, which it holds of any information sourced from this website.
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WAIVER AND EXERCISE OF RIGHTS
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The failure of either party to insist upon a strict performance
of any of the terms and provisions of this Agreement shall not be deemed a waiver
ofany subsequent breach or default in the terms and provisions of this Agreement.
The acceptance of NMR of any money paid under these Terms and Conditions after any
breach or default by the Customer of any one or more of the terms and provisions
of the Terms and Conditions, whether before or after NMR has knowledge or gives
the Customer notice of any breach or default, shall not constitute a waiver by NMR
of that breach or default. The expiration or termination of this Agreement shall
be without prejudice to the rights of either party against the other in respect
of anything done or omitted to be done under this Agreement prior to suchexpiration
and termination or in respect of any sums of other claims outstanding at the time
of expiration or termination.
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VALIDITY OF EACH TERM
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If any term of this license is not valid or cannot be
enforced for any reason all other terms remain valid and enforceable.
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TERMS AND CONDITIONS FOR ADVERTISEMENTS
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WARRANTIES: The Advertiser warrants and undertakes to
Nielsen Media Research that:
a. the advertisement does not contain any material: that is or is likely to be misleading
or deceptive or otherwise breaches the Fair Trading Act 1986; or that is defamatory,
infringes a copyright, trademark or otherwise infringes any intellectual or industrial
property rights; or otherwise breaches any provision of any statute, regulation,
by-law or other rule or law; and
b. 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; and
c. publication of the material will not give rise to any liability on the part of
Nielsen Media Research or in a claim being made against us in New Zealand or elsewhere.
INDEMNITY: The Advertiser acknowledges that Nielsen Media Research relies on the
warranties set out in WARRANTIES above and agrees to indemnify Nielsen Media Research
against all losses or costs arising directly or indirectly from publication of the
material, and from any costs incurred in our making corrections or amendment in
accordance with these terms and conditions.
RIGHT TO ALTER OR REFUSE: We reserve the right to refuse to publish any advertisement
if, in our sole opinion, it would be undesirable to publish it.
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