Terms and Conditions

These terms apply to all advertising provided to any person (“Customer“) by Schoolleaver Media Limited includes an advertiser on whose behalf Advertising is placed and any media company or agency that arranges the Advertising for its clients.

1. Publication of Advertising

1.1 Subject to these Terms, Schoolleaver Media will use its reasonable endeavours to publish advertising (“Advertising“) in the format and in the position agreed with the Customer. “Advertising” includes images submitted for publication and content or information relating to published Advertisements.

1.2 Customer grants Schoolleaver Media a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form or medium, including print, online or other. Customer warrants that it is authorised to grant Schoolleaver Media the licence in this clause 1.

2. Right to Refuse Advertising

2.1 Neither these Terms nor any written or verbal quotation by Schoolleaver Media represents an agreement to publish Advertising. An agreement will only be formed between Schoolleaver Media and Customer when Schoolleaver Media accepts the Advertising in writing or generates a tax invoice for that Advertising.

2.2 Schoolleaver Media reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by Schoolleaver Media).

3. Right to vary Format, Placement or Distribution

3.1 Schoolleaver Media will use reasonable efforts to publish Advertising in the format and in the position requested by the Customer. However, Schoolleaver Media reserves the right to vary the placement of Advertising within a title or website or to change the format of Advertising (including changing colour to black and white).

3.2 Schoolleaver Media may distribute interstate or regional editions of a title without all inserts or classified sections.

3.3 Except in accordance with clause 12, Schoolleaver Media will not be liable for any loss or damage incurred by a Customer arising from Schoolleaver Media”s failure to publish Advertising in accordance with a Customer”s request.

3.4 If Schoolleaver Media changes the press configuration for a publication, Schoolleaver Media reserves the right to shrink or enlarge the Advertising by up to 10% without notice to Customer or any change to rates.

4. Submission of Advertising

4.1 Customer warrants to Schoolleaver Media that the publication of the Advertising does not breach or infringe:

(a) the relevant national legislation;

(b) any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;

(c) any law of defamation, obscenity or contempt of any court, tribunal or royal commission;

(d) New Zealand privacy legislation or anti-discrimination legislation;

(e) any New Zealand financial services law; or

(f) any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of New Zealand).

4.2 Customer warrants that if Advertising contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, the Customer has obtained the authority of that person to make use of his/her name or representation or the copy.

4.3 Advertising containing contact details for the Customer must contain the full name and street address of the Customer. Post office box and email addresses alone are insufficient.

4.4 If a Customer submits Advertising that looks, in Schoolleaver Media”s opinion, like editorial material, Schoolleaver Media may publish the Advertising under the heading “Advertising” with a border distinguishing it from editorial.

4.5 Schoolleaver Media will not be responsible for any loss or damage to any Advertising material left in its control.

4.6 Advertising submitted electronically must comply with Schoolleaver Media”s specifications. Schoolleaver Media may reject the Advertising material if it is not submitted in accordance with such specifications.

4.7 Advertising material delivered digitally must include the Schoolleaver Media booking or material identification number.

4.8 If Customer is a corporation and the Advertising contains the price for consumer goods or services, Customer warrants that the Advertising complies with the component pricing provisions of the Competition and Consumer Act (Cth) and contains, as a single price, the minimum total price to the extent quantifiable at time of the Advertising.

4.9 Customer must not resell Advertising space to any third party without Schoolleaver Media”s consent.

4.10 If Advertising promotes a competition or trade promotion, Customer warrants it has obtained all relevant permits and indemnifies Schoolleaver Media against any loss in connection with the Advertising.

5. Directory Advertising

5.1 Schoolleaver Media will publish Directory Advertising under the classification heading it determines is most appropriate.

6. Online Advertising

6.1 For online banner and display Advertising, Customer must submit creative materials and a clickthrough URL to Schoolleaver Media at least 3 working days (5 working days for non-gif material) or within such other deadline advised by Schoolleaver Media at its discretion before publication date. Schoolleaver Media may charge Customer for online Advertising cancelled on less than 30 days notice or if creative materials are not submitted in accordance with this clause 6.1.

6.2 All online Advertising (including rich media) must comply with Schoolleaver Media”s advertising specifications.

6.3 Schoolleaver Media will measure online display and banner Advertising (including impressions delivered and clicks achieved) through its reporting systems. Results from Customer or third party ad-servers will not be accepted for the purposes of Schoolleaver Media”s billing and assessment of Advertising.

6.4 Schoolleaver Media is not liable for loss or damage from an internet or telecommunications failure.

6.5 Customer acknowledges that Schoolleaver Media may at its discretion include additional features or inclusions.

7. Errors

7.1 Customer must promptly check proofs of Advertising (if provided to the Customer by Schoolleaver Media) and notify Schoolleaver Media of any errors in the proofs or in published Advertising.

7.2 Schoolleaver Media does not accept responsibility for any errors submitted by the Customer or its agent, including errors in Advertising placed over the telephone.

7.3 Customer must send any claim for credit or republication in writing to Schoolleaver Media no later than 7 days after the date of publication of the Advertising.

8. Advertising Rates and GST

8.1 The Customer must pay for Advertising, unless otherwise agreed, at the casual ratecard rate. Ratecard rates may be varied at any time by Schoolleaver Media without notice. Customer must pay GST at the time it pays for Advertising. Schoolleaver Media will provide a tax invoice.

8.2 Eligibility for any discounts or rebates will be based on the Customer”s GST-exclusive advertising spend.

9. Credit and Customer Accounts

9.1 Schoolleaver Media may grant, deny or withdraw credit to a Customer at any time in its discretion. Customer must ensure that its Customer account number is available only to those employees authorised to use it. Customer acknowledges it will be liable for all Advertising placed under Customer”s account number.

10. Payment

10.1 The Customer must pre-pay for Advertising if required by Schoolleaver Media. If Advertising is on account, payment must be by the invoiced due date of the invoice.

10.2 If Customer fails to provide the copy for a booking by publication deadline, Customer may be charged unless a cancellation is approved by Schoolleaver Media. If Schoolleaver Media accepts Advertising after the deadline, it will be deemed out of specification. Customer has no claim against Schoolleaver Media for credit, republication or other remedy for out of specification Advertising.

10.3 Customer must pay the full price for Advertising even if Schoolleaver Media varied the format or placement of the Advertising or if there is an error in the Advertising, unless the error was Schoolleaver Media”s fault. Customer must pay its electronic transmission costs.

11. Failure to Pay and Other Breach

11.1 If Customer breaches these terms, fails to pay for Advertising or suffers an Insolvency Event, Schoolleaver Media may (in its discretion and without limitation):

(a) cancel any provision of credit to Customer;

(b) require cash pre-payment for further Advertising;

(c) charge interest on all overdue amounts at the rate 2% above the Overdraft Base Rate;

(d) take proceedings against the Customer for any outstanding amounts;

(e) recover Schoolleaver Media”s costs including mercantile agency and legal costs on a full indemnity basis;

(f) cease publication of further Advertising or terminate an agreement for Advertising not published;

(g) exercise any other rights at law.

11.2 A Customer suffers an “Insolvency Event” if:

(a) Customer is a natural person and commits an act of bankruptcy; or

(b) Customer is a body corporate and cannot pay its debts as and when they fall due or enters an arrangement with its creditors other than in the ordinary course of business or passes a resolution for administration, winding up or liquidation (other than for the purposes of reorganisation or reconstruction); or has a receiver, manager, liquidator or administrator appointed to any of its property or assets or has a petition presented for its winding up.

11.3 Schoolleaver Media may withhold any discounts or rebates if Customer fails to comply with its payment obligations.

11.4 A written statement of debt signed by an authorised employee of Schoolleaver Media is evidence of the amount owed by the Customer to Schoolleaver Media.

12. Liability

12.1 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of Schoolleaver Media in connection with the Advertising.

12.2 Schoolleaver Media excludes all implied conditions and warranties from these terms, except any condition or warranty which cannot by law be excluded (“Non-excludable Condition“).

12.3 Schoolleaver Media limits its liability for breach of any Non-Excludable Condition (to the extent such liability can be limited) and for any other error in published Advertising caused by Schoolleaver Media to the re-supply of the Advertising or payment of the cost of re-supply (at Schoolleaver Media”s option).

12.4 Subject to clauses 12.2 and 12.3, Schoolleaver Media excludes all other liability to the Customer for any costs, expenses, losses and damages incurred in relation to Advertising published by Schoolleaver Media, whether that liability arises in contract, tort (including by Schoolleaver Media”s negligence) or under statute. Without limitation, Schoolleaver Media will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.

12.5 The Customer indemnifies Schoolleaver Media and its officers, employees, contractors and agents (the “Indemnified“) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer”s breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.

13. Privacy

13.1 Schoolleaver Media collects a Customer’s personal information to provide the Advertising to the Customer and for invoicing purposes. Schoolleaver Media may disclose this personal information to its related bodies corporate, to credit reporting agencies and other third parties as part of provision of the Advertising and for overdue accounts, to debt collection agencies to recover amounts owing.

13.2 Schoolleaver Media provides some published Advertising to third party service providers. Where such Advertising contains personal information, Customer consents to the disclosure of their personal information in the advertising to third parties and to the personal information being republished by a third party.

13.3 Customers may gain access to their personal information by writing to the Privacy Officer, Schoolleaver Media Limited. 

14. Confidentiality

14.1 Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors (“Agents“) treat as confidential and will not disclose, unless disclosure is required by law:

(a) the terms of this Agreement (including terms relating to volumes and pricing);

(b) information generated for the performance of this Agreement, including all data relating to advertising schedules, budgets, forecasts, booked advertising, prices or volumes;

(c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;

(d) any information derived wholly or partly for any information referred to in (a) to

(c) above;

Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.

15. General

15.1 These Terms, with any other written agreement, represent the entire agreement of the Customer and Schoolleaver Media for Advertising. They can only be varied in writing by an authorised officer of Schoolleaver Media. No purchase order or other document issued by the Customer will vary these Terms.

15.2 Schoolleaver Media will not be liable for any delay or failure to publish Advertising caused by a factor outside Schoolleaver Media”s reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).

15.3 Schoolleaver Media may serve notice on Customer by post or fax to the last known address of the Customer.

15.4 These Terms are governed by the laws of New Zealand and each party submits to its non-exclusive jurisdiction.

 

Schoolleaver.nz online competitions

  1. Eligibility: This Contest is open only to those who enter on our website on the prescribed form. The Contest is only open to legal residents ofNew Zealand who are:
  2. currently students at a NZ college in years 11, 12 or 13, or
  3. a staff member at a NZ tertiary or training provider, or
  4. a teacher or careers adviser at a NZ secondary school

and is void where prohibited by law. Our employees, affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the contest. The contest is subject to all applicable local laws and regulations. Void where prohibited.

  1. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, you agree to accept our decisions as final and binding as it relates to the content of this Contest.
  1. Contest Period: All online entries must be received bydate stated on the competition page. Contest deadlines may be varied at our discretion and without notice.
  1. How to Enter: The Contest must be entered by submitting an entry using the online form provided on our website. The entry must fulfil all Contest requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at our sole discretion. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at our sole discretion
  1. Eligibility: Entrants must reside in New Zealand. Prizes can only be delivered to a New Zealand address. If not resident in New Zealand, the winner’s prize will be forfeited and redrawn.
  1. Prizes: The Winner(s) of the Contest (the “Winner”) will receivethe prize(s) as stated on the competition page. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by us. No cash or other prize substitution shall be permitted except at our discretion. Any and all prize-related expenses, including without limitation any and taxes shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission forus to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
  1. Odds: The odds of winning may depend on the number of eligible entries received or number of votes received.
  1. Winner Selection and Notification: Winner will be selected under our supervision. Winner(s) will be notified byemail within five (5) days following selection of Winner.We shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Contest is conditioned upon compliance with any and all local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT OUR SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
  1. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that we, anyone acting on our behalf, andour licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent.
  1. By entering this content, you represent and warrant that any content you enter is an original work of authorship or an original image that you own which has not been published elsewhere, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at our sole discretion, If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold us harmless from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which we may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
  1. Terms & Conditions:We reserve the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond our control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case,we may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by us. We reserve the right, in our sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions. We have the right, in our sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, we reserve the right to seek damages to the fullest extent permitted by law.
  1. Limitation of Liability: By entering, You agree to release and hold us harmlessand our subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
  1. Disputes: THIS Contest IS GOVERNED BY THE LAWS OF NEW ZEALAND. As a condition of participating in this Contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New Zealand having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.
  1. If promoted on Facebook any Contest hosted by us is in no way sponsored, endorsed, administered by, or associated with Facebook.

 

Schoolleaver Media Ltd.

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