1.

1.1

1.2

1.3

1.4

1.5

netPRess may amend these terms at any time, such amendments to be effective from the date they are posted on the Site.

2.

2.1

2.2

These terms will be the terms and conditions of the contract between netPRess and the subscriber, and in the event of any conflict between these terms and any terms and conditions of the subscriber, these terms shall prevail.

3.

3.1

Access to the Site is available only to subscribers by way of password (which is confidential to the subscriber). The entering of the Site by the subscriber will be confirmation on each occasion that the subscriber agrees to these terms.

3.2

The subscriber uses the Site at the subscriber’s own risk in all matters. netPRess does not warrant that use of the Site will be free from interruptions or that there will not be breaches of security or that access at all times will be reliable or that any or all of the information contained from the Site will be accurate in all respects.

3.3

The subscriber acknowledges that any advertising content on the Site is not the responsibility of netPRess but of the individual advertiser and netPRess disclaims any and all liability in respect to any such advertising. Without limiting the forgoing, netPRess advises that any advertisers or subscribers services and products (other than those owned by netPRess) are not endorsed by netPRess.

3.4

netPRess reserves the right to alter the set-up or content of the Site, press releases, events calendars or directories without prior notification.

4.

4.1

Fees shall be set by netPRess at its discretion and netPRess reserves the right to alter fees at any time without notice.

4.2

Fees shall be paid by the subscriber online by credit card or as otherwise stipulated by netPRess from time to time.

4.3

No fees are refundable notwithstanding that the subscriber may not find the information on the Site which the subscriber has been seeking or if there is any failure of the Site for reasons given in clause 3.2 or any other reason.

4.4

Any outstanding fees to netPRess must be settled immediately. In the event this does not occur, netPRess retains the right to take any necessary action to cover the monies due and owed, including interest thereon from the date of default to date of payment at the then current commercial overdraft rate of Bank of New Zealand, and legal costs and expenses. The subscriber’s subscription will terminate and the subscriber will be barred access to the Site until outstanding fees are paid.

4.5

4.6

No refund, including but not limited to promotional giveaways, will be made to any subscriber whose subscription is terminated due to non-payment of fees or other breach of these terms.

5.

5.1

The subscriber acknowledges that the site is part of the World Wide Web (“web”). While netPRess will take care and precaution to ensure accuracy of, and timely access to, editorial material, netPRess accepts no liability or responsibility for:

5.2

In the event there is any liability on netPRess for any reason, netPRess’ financial obligations to the subscriber, whether in contract or tort (and whether under these terms or otherwise), is limited to a refund to the subscriber of the current fee paid by the subscriber to netPRess.

5.3

Under no circumstances will netPRess be liable for any consequential, indirect or special damages or losses including, without limitation, loss of business opportunity or revenue, loss of profits, loss of information data or software or hardware systems, general or special damages and incidental loss.

5.4

Except as provided in these terms all express or implied conditions, statements or warranties whether statutory or otherwise are expressly excluded. Without limiting the foregoing, if the subscriber uses the Site for the purpose of a business, the subscriber acknowledges that the contract between netPRess and the subscriber shall be a business transaction for the purposes of the Consumer Guarantees Act 1993 and that Act will not apply to the contract between the subscriber and netPRess.

5.5

Nothing in this clause 5 should be construed as limiting as any other paragraph but shall be construed as extending the widest limitation of liability in favour of netPRess.

5.6

The subscriber agrees to indemnify netPRess against any and all actions, claims, losses, proceedings, damages, liabilities and expenses suffered or incurred by the subscriber arising out of the subscriber’s use of, or inability or failure to use or access the Site, or any information derived from it, or computer virus caught from it, or otherwise howsoever.

6.

6.1

Ownership of and title to the word “netPRess” and to the Site name www.netpress.co.nz shall at all times remain with netPRess.

6.2

The subscriber shall under no circumstances represent to any other party that by being a subscriber to the Site it is any way interested in or has the right to use the name netPRess or the Site name except only to the extent of acknowledging netPRess and/or the Site as the source of any information subsequently used by the subscriber.

7.

7.1

These terms are subject to the laws of New Zealand and the subscriber agrees to submit to the exclusive jurisdiction of the New Zealand courts.

8.

8.1

netPRess Media Limited, in accordance with the Privacy Act 1993, will not sell, rent or make personal information available to third parties without your consent. However, by accepting these Terms, the Subscriber expressly authorises netPRess Media Limited to collect and publish personal information, such as email, company name, phone, web address, company spokesperson and specialisation, to the netPRess directory. Information published on this directory will be made available by directory search to fellow netPRess subscribers and is not accessible by the public. If you do not want your details to be published to a directory, please click on the link provided at the bottom of the welcome message, which appears when you first log in to the netPRess site, or by accessing your account information once logged in.

8.2

Before entering or submitting material to this site, by reading and accepting these terms and conditions, you also agree to, and authorise netPRess Media Limited to collect and use personal information, so that we can keep you updated on important information and the services we provide through the netPRess email newsletter. If you do not wish to receive newsletters from netPRess Media Limited, please “unsubscribe” on the link provided at the bottom of any newsletter you receive.

8.3

NetPRess Media Limited will continue to send communications deemed by netPRess media limited as necessary such as subscriber administration, account information and renewal notifications.