TERMS AND CONDITIONS
1. GENERAL TERMS
1.1 DEFINITIONS
• Newsroom means NewsRoomAmerica.com;
• Conditions means these terms and conditions as may be amended pursuant to clause 1.3.
• News Content means the news stories prepared and provided by NewsRoom.
• Services means all the news content and the various mechanisms we use to provide these services to you.
1.2 VARIATION OF TERMS AND CONDITIONS:
NewsRoom may at any time, vary these Conditions by displaying new Conditions on the NewsRoom website. You will be bound by the new Conditions by using any of the Services once the new terms have been displayed by NewsRoom.
1.3 TERMS OF SERVICES:
We maintain the information and links contained in our Services for your information and use. However, although we have used all reasonable care in creating and maintaining these Services for you, we hereby, to the extent permissible by law, expressly exclude all warranties, conditions and representations regarding these Services we provide to you and we do not accept any liability (whether in contract, tort or otherwise) for any losses, costs or damages you may suffer as a result of using these Services or relying on any information provided by them. In particular, where you are a consumer under the Consumer Guarantees Act and you are acquiring or you hold yourself out as acquiring the Services on this site for business purposes, the Consumer Guarantees Act will not apply. Further, we do not represent ourselves as being affiliated with the owners of any sites or endorsing the contents of any sites to which we provide links.
1.4 TERMINATION
Where parties have entered into an Agreement for our Services, either party may terminate this Agreement at any time by giving the other party not less than one month’s prior written notice. Either party may terminate this Agreement immediately if the other party breaches any of its obligations under the Agreement and fails to remedy such breach within 10 days after notice requiring the breach to be remedied. Failure of either party to enforce any provisions of this Agreement shall not be interpreted as a waiver of that condition. Termination of this Agreement shall be without prejudice to any other rights or remedies arising out of any breach which occurs before the termination.
2. THE SERVICES
2.1 SUPPLY OF SERVICE:
NewsRoom will make the News Content available to you through the Newsroom website and will update the News Content on the NewsRoom website periodically.
2.2 STORAGE OF NEWS CONTENT:
You may not store the News Content other than as necessary to use the News Content in accordance with these Conditions.
2.3 NEWS CONTENT ON THE NEWSROOM WEBSITE:
Material published onto NewsRoom and the NewsRoom database remains copyright to NewsRoom, unless otherwise stated. Redistribution of NewsRoom material without prior permission is forbidden. Use of NewsRoom material by commercial businesses for the purposes of profit or sale is strictly forbidden. NewsRoom material may not be distributed via internal networks or Intranet's, unless this material is distributed under a licensed agreement with NewsRoom.
2.4 NEWS FOR YOUR WEBSITE:
You may display the News Content on your own website provided that you have entered into an agreement with Newsroom and you:
• do not edit or contextualise the News Content so as to alter its meaning or bring NewsRoom into disrepute or ridicule;
• obtain NewsRoom’s prior consent to any changes in the News Content;
• reproduce all attributions and copyright notices of NewsRoom or any other third party associated with the News Content;
• do not provide the News Content to third parties without consent from authorised NewsRoom personnel;
• do not charge third parties for access to the News Content without consent from authorised NewsRoom personnel;
• ensure that you do not associate the News Content (and any advertising of the News Content) in any way with any products, services or activities which NewsRoom determines, in its reasonable opinion, to be:
o offensive or illegal;
o related to bulk emailing or direct marketing; or
o defamatory, racist, sexist, or otherwise discriminatory against an individual or group.
2.5 FREE TRIALS:
You may trial our services for free based on your agreement with the terms and conditions outlined in this document. NewsRoom reserves the right to restrict or deny access to the free trial services, without reason and at our own discretion.
3. PAYMENT
3.1 PAYMENT OF CHARGES:
The cost of supply as agreed in our pricing schedule is payable monthly in advance and non refundable. Unless otherwise agreed with you, all Charges are to be paid by credit card or bank deposit. If by credit card you must fill out the credit card details and authorization on page one of the service contract to allow NewsRoom to deduct the Charges from your credit card. If by bank deposit Newsroom will supply Bank Account deposit details on the execution of this agreement.
3.2 GST ON TRANSACTIONS
If you or your business are a New Zealand tax resident, NewsRoom will charge GST on all charges. The rate of GST will be the current GST rate as determined by existing NZ Law (currently 12.5%) If, you are not a NZ tax resident GST will not apply.
3.3 OTHER TAXES
If any payment for the Services becomes subject to any applicable taxes, rates, duties or levies, you must also pay an amount equal to the same.
3.4 VARIATION OF CHARGES
NewsRoom may vary the Charges on one month’s notice communicated by us to you via email or letter sent to the subscriber details above. Upon receipt of such notice, you can exercise your right to termination.
3.5 SUSPENSION OF SERVICES:
NewsRoom may, in its discretion, suspend or terminate the Services where you fail to pay any Charges and NewsRoom accepts no liability for any losses, costs or damages you incur as a result of such suspension or termination. Either of us may, by giving notice to the other, suspend the Services in the event of a security breach until security has been re-established to the satisfaction of both of us.
4. INTELLECTUAL PROPERTY
4.1 INTELLECTUAL PROPERTY:
You acknowledge that all trade secrets, copyright, know-how and other intellectual property rights in the News Content and the Services, belong to NewsRoom.
5. WARRANTIES, INDEMNITY, LIMITATION OF LIABILITY
5.1 WARRANTIES EXCLUDED:
All conditions, representations and warranties not expressly stated in these terms and conditions are, to extent permitted by law, expressly excluded and, in particular, NewsRoom does not warrant the accuracy of the News Content, the availability of the NewsRoom website and / or its content services and where you are a consumer under the Consumer Guarantees Act 1993 and are acquiring or holding yourself out as acquiring the Services for a business purpose, the Consumer Guarantees Act will not apply.
5.2 INDEMNITY:
You hereby unconditionally indemnify Newsroom against all third party claims and all other costs, losses or damages howsoever suffered by Newsroom as a result of your use of the News Content and the Services or your failure to comply with these Conditions.
5.3 LIMITATION OF LIABILITY:
Newsroom will not be liable to you for any indirect or consequential loss or damage incurred by you (including loss of profits) whether in contract, tort (including negligence) or otherwise provided that, in any event, Newsroom’s maximum total liability to you will be the total amount paid by you to NewsRoom for the Services under these Conditions.
6. MISCELLANEOUS
6.1 FORCE MAJEURE:
Notwithstanding anything to the contrary in these Conditions, Newsroom will not be liable to you as a result of any failure or delay on providing the Services or for any other failure or delay in performing its obligations under these Conditions where that failure or delay is directly or indirectly caused by any event or cause beyond the reasonable control of Newsroom.
6.2 RELATIONSHIP:
Nothing in these Conditions constitutes you an agent or partner of, or joint venturer with, Newsroom. You may not represent yourself as authorized to represent or bind Newsroom in any way whatsoever and you will ensure that all third parties dealing with you are aware of the provisions of this clause.
6.3 SEVERABILITY:
If any provision of these Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
6.4 ENTIRE AGREEMENT:
These Conditions embody the entire understanding of the parties relating to the matters referred to and supersedes all other agreements and representations made by the parties.
6.5 GOVERNING LAW:
These Conditions will be governed by and construed in accordance with the laws of New Zealand. Each of the parties irrevocably and unconditionally agrees that the courts of New Zealand have jurisdiction to hear and determine each suit, action or proceeding, and to settle disputes, which may arise out of or in connection with these Conditions and for those purposes irrevocably submits to the exclusive jurisdiction of the New Zealand courts.
6.6 PRIVACY:
At NewsRoomAmerica we respect your privacy and therefore any information you provide us is protected from disclosure to others. Under no circumstances (except where ordered by a court with an applicable jurisdiction) will NewsroomAmerica divulge any of the information you give us when subscribing to one of our services. For this reason we only request the absolute minimum information required to provide the services on offer.
We take privacy seriously and undertake that the information you provide us will be kept secure to the very best of our ability. NewsRoomAmerica is bound by strict provisions of the New Zealand Privacy Act 1993. We will never sell or give away your email address.
If you have subscribed to one of our services, we reserve the right from time to time contact you by email to advise you of changes or enhancements to our current services.
ENDS
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