1. How does our agreement with you work? At Localist


[PDF]1. How does our agreement with you work? At Localist...

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1.

How does our agreement with you work?

At Localist, we want to make it as easy as possible for you to do business with us. That’s why we want to take some time upfront to tell you about the building blocks that make up our agreement with you. Please make sure you read each of them carefully, as they apply when you use or receive our products and services. Your sales order Each time you want to place an advertisement with us, you will receive a sales order from our friendly Localist sales rep who will have worked with you to make sure that it details important matters like the type of advertisement you are buying, which of our products your advertisement will appear in, and the charges for those. Once you have approved your sales order, it becomes part of our agreement with you. These terms of business These terms of business then set out the general matters that apply to each of your sales orders and all of our products and services. As you’ll see, these terms of business contain special words that have special meanings. A guide to these is set out at the back of these terms of business. Our advertising policy In addition to your sales order and these terms of business, our advertising policy applies when you or your design agency provide, use, or make available any content for use in your advertisement. You can find our advertising policy on our website. Our web and mobile terms of use Finally, our web and mobile terms of use apply when you use or interact with our digital product through our website or mobile phone applications. These are also available on our website.

2.

When can these terms of business change?

We may want to change these terms of business from time to time, so keep an eye out, as we will publish our amended terms of business on our website. Continuing to use or

receive our products and services will mean that you agree to our changes. 3.

What are our general obligations?

This section sets out our general obligations around providing our products and services to you. We will: • provide our products and services in accordance with our agreement with you • promptly respond to any reasonable questions you may have about our products and services, and • provide you with clear information about our billing and charges. At Localist, we want to make sure that our products and services are relevant and appropriate to our business customers and consumers. This means that we have the right to enforce our advertising policy and to: • determine the final look and feel of your advertisement so that it complies with our production specifications • determine the categories in which your advertisement will appear in our products • determine the placement of your advertisement within those categories (and in relation to the placement of third party advertisements within those categories) • determine whether you meet our criteria for placing community page advertisements in our products or for becoming an exemplar customer for our digital product • ask you to substantiate any claims about your business, organisation, products or services that you make in your advertisement • require amendments to your advertisement • refuse to accept or publish your advertisement • cancel or remove your advertisement.

4.

What are your general obligations?

This section sets out your general obligations when you use or receive our products and services. You confirm that you are obtaining our products and services for genuine business purposes and that you (and any person acting on your behalf) have authority to enter into this agreement with us.

You will: • comply with our advertising policy • provide us with any content required for your advertisement in a timely manner • make sure that any content you provide, use, or make available for use in your advertisement: o complies with our advertising policy o is compatible with our production specifications o is complete and accurate and is not misleading or confusing, this includes any representations about the product or service you are providing, or claims about your business or organisation and your membership of any business or trade associations is owned by you or you have the rights to provide it, use it, or make it available for use and distribution as part of your advertisement o does not infringe anyone else’s intellectual property or privacy rights and is not defamatory, offensive or obscene • make sure that you do not provide, use, or make available any content about or concerning a third party without that third party’s consent • comply with all relevant laws, regulations, codes and standards in relation to the products and services being advertised through your advertisement, your use of our products and services, and any content that you provide, use, or make available for your advertisement • not advertise any product that is subject to an unsafe goods notice • not damage, interfere with or harm our products or our website, or any network or system underlying or connected to them, or attempt to do so, and • not use a robot, spider, scraper or other unauthorised automated means to access our products or our website or any information featured on them for any purpose. You agree to compensate and indemnify us against any loss, damage, liability or claims that we suffer or become liable for as a result of your failure to comply with our agreement with you.

5.

Our print products and services

This section applies where you are purchasing print products and services from us. Your sales order sets out the local guide in which your advertisement is going to appear and the type of print advertisement you are buying (eg. whether it’s a quarter page, half page, full page or premium advertisement). Key deadlines You need to be aware of a couple of key deadlines for our local guides that are set out in your sales order and your print ad proof: • your sales order sets out the booking deadline by which you must approve your sales order for our print products and services, and • your print ad proof then sets out the ad approval deadline for your print advertisement.

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If you don’t meet those deadlines we will not be able to run your advertisement in our local guide. If you approved your sales order by the booking deadline, but you missed the ad approval deadline for your print advertisement (and you did not terminate this agreement in whole or in part in accordance with these terms of business), then we won’t refund you any charges you have paid us in advance and you will still be responsible for paying any charges due under this agreement, even though your advertisement won’t appear in our local guide. Our premium advertisement spots If you want to purchase a premium advertisement spot in our local guides, you need to be aware that our premium advertisements have limited availability and are therefore sold on a first-in, first-served, basis. This means that while our sales order for a premium advertisement will have been sent to you in good faith, we have the right to cancel our sales order for that premium advertisement if someone else accepts their sales order for that same premium advertisement spot in our local guide, before you. We will let you know if this happens and will work with you to try to find an alternative advertisement spot in our local guide that you are happy with. Creation of your advertisement We will work with you to create your advertisement in accordance with our advertising policy and production specifications. We will send a print ad proof to your nominated ad approver, for their approval. Your ad approver will need to check the print ad proof carefully to make sure that they are happy with your advertisement, and in particular that your business or organisation’s contact details are correct. You acknowledge that the purpose of the print ad proof is to show you the text and images being used in your advertisement, but not colour or density. Because of differences in equipment, paper, inks, and other conditions between colour proofing and production processes, the colours in your print ad proof and the colours in your advertisement as it appears in our local guide may vary. We may make reasonable changes to your print ad proof in line with feedback from your ad approver. However, once your ad approver has confirmed their approval of your print ad proof, you cannot request any further changes to your advertisement. Selection of images You can choose from our library of attractive stock images for use in your advertisement, or from that of our third party image supplier, or you can supply images of your own. Where you use our stock images or those of our supplier, you accept that we or our supplier have the right to supply those images to other business customers for use by them in advertisements appearing in our local guides. We therefore don’t guarantee that any image supplied by Localist or our supplier won’t be used by other business customers for their advertisements. Affiliated design agencies

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Where you want to supply your own images for use in a premium advertisement, but you don’t already have a design that you can use, we can refer you to one of our affiliated design agencies. That agency will have access to our production specifications and will therefore be able to create your premium advertisement for use in our local guide.

So, if we have invited you to be a digital community page customer, you agree to: •

• Our role is simply to refer you to one of our affiliated design agencies. We won’t be responsible for your relationship with the design agency and for any work carried out and content provided by that agency. You need to make sure that your design agency doesn’t do anything that puts you in breach of this agreement.



• 6.

Our digital products and services



This section applies where you are purchasing digital products and services from us.



There are four different types of advertisements in our digital products: • • • •

a digital business page a digital community page an exemplar customer’s digital business page, and a free digital business listing page.

Your obligations in relation to the first three of these are set out in these terms of business. The last one – a free listing page – is dealt with in our web and mobile terms of use. Your sales order will set out the type of advertisement that you are buying (e.g. whether it’s a digital business page or a digital community page). Creation of your advertisement – digital business page customers Where you are purchasing a digital business page (and you are not an exemplar customer), you will be responsible for creating your advertisement in accordance with our advertising policy and product specifications. Where you want to create a video for use in your digital business page, we can refer you to one of our affiliated design agencies. That agency will have access to our production specifications for video streaming in our digital product. Our role is simply to refer you to one of our affiliated design agencies. We won’t be responsible for your relationship with the design agency and for any work carried out and content provided by that agency. You need to make sure that your design agency doesn’t do anything that puts you in breach of this agreement. Creation of your advertisement – digital community page customers only

Your nominated ad approver must approve your digital community page in a timely manner before the first iteration of that page goes live in our digital product (otherwise we will not be able to publish your page on our digital product). Your ad approver will need to check that first version of your digital community page carefully to make sure they are happy with your page and in particular that your business or organisation’s contact details are correct. We may make reasonable changes to that first version of your page in line with feedback from your ad approver, prior to your page going live in our digital product. Once your digital community page is live, you will need to update and amend the content on your page regularly, however we retain the right to amend or update your page without needing to seek your ad approver’s prior approval before those changes go live. Creation of your advertisement – exemplar customers only We at Localist think we’ve built a pretty special digital product – but we need our customers to help get the message out! That’s why we’ve invited certain businesses, who meet our criteria, to become exemplar customers. This means that those customers’ digital business page will be held up as examples of what’s good about our digital product. It also means that we will play an active role in the development of the exemplar customer’s digital business page and that we need our exemplar customer to actively interact with their advertisement. So, if we have invited you to be an exemplar customer, you agree to: •

We will invite certain customers, who meet our criteria, to place a digital community page listing in our digital product. In order to make sure that our digital community pages are relevant to consumers we take an active role in the development of those community pages. We also require our digital community page customers to interact with their advertisement.

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allow us to create and update your digital community page in accordance with our advertising policy and production specifications provide us with content for use in your digital community page make available to us, and allow us to use and adapt, content from your website and other publicly available sources for use in your digital community page – and you warrant that you have the rights to allow us to do that allow us to include a hyperlink in your digital community page to your website, actively interact with your digital community page, and allow us to refer to you and feature your digital community page in our marketing collateral.

• •

allow us to create and update your digital business page in accordance with our advertising policy and production specifications provide us with content for use in your digital business page make available to us, and allow us to use and adapt, content from your website and other publically available sources for use in your digital business page – and you warrant that you have the rights to allow us to do that

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• • •

allow us to include a hyperlink in your digital business page to your website actively interact with your digital business page, and allow us to refer to you and feature your digital business in our marketing collateral.

Your nominated ad approver must approve the first iteration of your digital business page in a timely manner before it goes live in our digital product (otherwise we will not be able to publish your advertisement on our digital product). Your ad approver will need to check that first version of your digital business page carefully to make sure they are happy with your page and in particular that your business or organisation’s contact details are correct. We may make reasonable changes to the first version of your digital business page in line with feedback from your ad approver, prior to your advertisement going live in our digital product. Once your digital business page is live, you will need to update and amend the content on your page regularly, however we retain the right to amend or update your page without needing to seek your ad approver’s prior approval before those changes go live. You agree that our exemplar scheme may only run for a limited period of time, after which your exemplar business page will revert to a standard digital business page and you will be responsible for making all updates and changes to your advertisement and for paying the then current monthly subscription fee in relation to that advertisement.

with our digital product, our policy is to encourage user generated content and the sharing of views and opinions, as long as: • the contributor is a registered user so we can identify them, and • the content does not breach what we consider to be our social and legal responsibilities. We may moderate some content before it is published, however you acknowledge that some user generated contributions will be posted in good faith, as soon as they are submitted. You agree to help us police content to keep the environment honest and safe, by reporting issues. We will investigate all complaints and reports of content that does not comply with our web and mobile terms of use, however we will not remove content simply because it may be unfavourable to you or to any featured business. Our recognition system We will set the business rules and parameters of our rating and reward system at our sole discretion. We will not adjust your rating, or those of any other featured business, simply because they may be unfavourable. Where your advertisement appears in relation to other businesses through the search function of our digital products will depend on a number of factors which we may determine at our sole discretion, including how relevant you are to the search, the search terms, consumer feedback and how regularly you refresh the content of your advertisement.

Changes to your advertisement Our business recognition scheme We may review any changes you make to your advertisement before those changes go live on our digital product. We can refuse to accept any of your proposed changes at our discretion.

Any business that has listed with us may earn 'points' for: • •

Your interaction with our digital product In order to get the most out of our digital product, it’s important that you ensure that the content of your advertisement is relevant to consumers and is refreshed regularly by you. The content you provide, use, or make available for use in your advertisement should include content about your products and services, but could also include other content of general interest to Aucklanders (such as content relating to special offers or special events that relate to your business or organisation). We’ll be counting on you to help us build something great, so we’ll expect you to encourage consumers to like, rate or rave about your posts, products and services on our digital product. Consumer interaction with your advertisement Our digital product can be accessed by consumers through our website and mobile phone applications. Consumers can also connect with our business customers through Facebook and Twitter. Consumers can interact with your advertisement through our digital product in many ways including by liking, commenting, rating and reviewing your business and submitting posts. Because we want consumers to interact Localist Terms of Business v1.6



receiving a follow; receiving positive customer ratings and raves – this means a rating (or review with a star rating) of 2.5 or more; or for businesses which have paid for one of our business pages, adding to the page with any news, events, photos, special offers and other content specified by us from time to time.

Businesses which list with Localist don't have to pay us any additional fees (other than the fees which apply for each of our products) in order to be part of the business recognition scheme. If you are a business listed with us, earning points will make you eligible for certain benefits under our business recognition scheme. We will set the business rules and parameters of our business recognition scheme at our sole discretion and may change them from time to time. This means that we determine how many points can be accrued for certain types of activities and ratings or reviews and we may or may not (at our sole discretion) tell you exactly how many points each activity, rating or review is worth. From time to time we may also vary the type of activities and ratings or reviews that accrue points and the number of points each activity, rating or rave accrues. However, we can tell you that: • most contributions businesses make to their full paid business pages may earn points;

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• •





businesses won't earn points for a contribution which we don't publish or which we remove from the website because it doesn't comply with these terms of use; businesses may earn points by receiving consumer ratings or reviews of 2.5 stars or above; businesses won't earn points for consumer reviews which we don't publish or which we remove from the website because they don't comply with our web and mobile terms of use; businesses won't be eligible for any benefits and your points may be cancelled if we suspend or terminate access to the website or our digital product under these terms of use or any other terms which apply to our relationship with the business; and we will let you know from time to time on the website (and sometimes via email) what types of activities can accrue points.

Localist will keep a record of the number of points each business accrues and businesses will be able to view their points total and tier status in their My Localist profile on the Localist website. Icons on the website against each business name will also indicate the level of points a business has.

We offer several payment options to our business customers for our products and services: Our print products and services If you are a qualifying business customer, you can pay for our print products and services either: • in full in advance • in full in the month of distribution of the local guide in which your advertisement appears, or • in three equal monthly instalments, with the first instalment payable in the month of distribution of the local guide in which your advertisement appears. We may require some business customers to pay for our print products and services in full in advance. Where you have chosen to pay in full in advance (or where we require you to take that option), you must make that payment in full before the booking deadline. The payment option that you have selected for our print products and services and the charges for those products and services are set out in your sales order. Our digital products and services

Localist will also determine the benefits under the business recognition scheme at our sole discretion. We will let you know on the website (or via email) from time to time what the benefits are and can change them at any time.

We charge a monthly subscription fee for our digital products and services which is payable quarterly in advance.

Localist's decision on matters relating to our business recognition scheme (and any benefits under it) are final and no correspondence will be entered into.

You can pay for our digital products and services either when invoiced, or you may choose to set up a recurring credit card payment. You can set up a recurring credit card payment via the payment section of our website or by calling us to set up a payment over the phone. In all cases, we will complete your request using our secure online payment provider, DPS.

Neither Localist nor any other company in the New Zealand Post group of companies (or any employees, contractors and agents of any company in the New Zealand Post group), will be liable for any claims, losses, or costs and expenses which arise out of or are connected with the business recognition scheme, the benefits, or the use of any benefits, except for liability that cannot be excluded by law. Keeping passwords and user names secure Where people within your business or organisation have become registered users of our digital product, and have been authorised by you to have administration rights in relation to your advertisement, you must ensure that those people keep their user name and password secure. We will not be liable to you or any third party for any losses, costs, claims or damages arising as a result of any misappropriation or misuse of any of your authorised administrators’ user names and passwords. If you become aware of any unauthorised use of an authorised administrator’s user name and password, or of any other security issue in relation to your customer account, you must let us know straight away.

We may change our charges for our digital products and services from time to time, unless we have agreed in our sales order to charge you a fixed price for a defined period of time. Where we have agreed in our sales order to charge you a fixed price for a defined period of time, once that period expires you will be charged at our then current monthly subscription fee. Consequences of missed or late payment Our invoices will tell you the due date for payment. If you do not pay our charges by the due date for payment, we will notify you that the payment is outstanding. Where a recurring credit card payment has failed for any reason (i.e. because your credit limit is exceeded or your card has expired), the following month we will try and collect the outstanding payment. Where a payment has not been received after [30 days] from the due date for payment, we may (at our sole discretion): •

7.

Charges and payment •

This section gives an overview of our payment options and describes your obligations around making payment. •

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cancel or suspend the provision of any of our products or services to you remove your advertisement or downgrade your advertisement to a free listing showing only your business contact details require you to pay overdue interest at 2% per annum above the 90 day bank bill rate, from the

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due date for payment until the date on which we receive payment require you to pay any additional costs we incur in trying to recover your payment, including agent fees or legal costs.



Receipt of invoices electronically By approving our sales order via email you agree to receiving our invoices, payment confirmations and other correspondence by email to your nominated email address.

8.

How can our agreement with you come to an end?

This section describes how long our agreement with you lasts for and how either of us can bring this agreement to an end.

Terminating our digital products and services •

Duration of our agreement with you Our agreement with you will continue until terminated by either of us, as provided for in these terms of business. Even though this agreement may have been terminated by either of us, those rights and responsibilities which are intended to continue after this agreement ends won’t be affected by that termination. These include sections 7, 8, 9, 10 and 11 of these terms of business. Terminating this agreement By you: You can terminate this agreement if we breach a material term of this agreement and we don’t fix that breach within 10 working days after we get a written notice from you identifying the breach and asking us to fix it. You can also terminate this agreement, in full or in part, if you no longer wish to receive any or all of our products and services. That’s called termination for convenience and it works in the following ways: Terminating our print products and services •



If you no longer want your advertisement to appear in our local guide, you need to write to us and let us know before the booking deadline for the advertisement you want to pull. It’s really important that you make that deadline because any termination notice that we receive after that date won’t be valid, which means that (if you approved your advertisement before the ad approval deadline) your advertisement will appear in the relevant local guide and you will be responsible for paying our charges for that advertisement. If you are terminating an advertisement other than a premium advertisement and we receive your notice to terminate before the booking deadline (and we have verified that it is genuine through the process described below), then we will refund you any charges that you have paid us in advance for that advertisement and (where you are paying in instalments) you will not have to pay any of the upcoming instalments for that advertisement.

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If you are terminating a premium advertisement and we receive your notice to terminate within 11 working days or more of the booking deadline, then we will refund you any charges that you have paid us in advance for that advertisement and (where you are paying in instalments) you will not have to pay any of the upcoming instalments for that advertisement. If we receive your notice to terminate a premium advertisement within 10 working days or less of the booking deadline (and we have verified that it is genuine through the process described below), then we will invoice you (and you will be responsible for paying) 50% of the charges payable for that premium advertisement,

If you no longer want to receive our digital products and services, you need to write to us and let us know, and we will then remove your advertisement from our digital products as soon as reasonably possible after we get your termination notice and have verified that it is genuine. You won’t be entitled to a refund of any charges you have paid in advance for our digital products and services.

Verifying termination notices In order to protect your business from unscrupulous third parties, we need to make sure that your notice to terminate for convenience genuinely comes from you (and not someone pretending to be you!). This means that we won’t be able to accept your notice to terminate and to action it by removing your advertisement until we have carried out our verification checks, and you have confirmed the validity of your termination for convenience back to us through that process. Where you are only terminating part of a sales order, we will send you an amended sales order for your approval. Termination by us: We may terminate our agreement with you in full or in part at any time by contacting you in writing if you breach this agreement, if we receive a complaint or series of complaints about you, or if we deem your behaviour, your advertisement or any content that you have provided to be unacceptable. If we terminate our agreement with you in full or in part for any of these reasons then we will not provide you with a refund of any charges that you have paid to us in advance and you must pay any outstanding amounts due under this agreement. As set out in section 5, we will have to cancel your sales order if the premium advertisement spot that you have selected is no longer available at the time you approve your sales order for that spot. 9.

Ownership

This section sets out who owns what in relation to our products and services and your advertisement. Your advertisement: You will continue to own (or will continue to have the right to use) any content that you or your design agency provide to us for use in your advertisement.

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• But you need to be aware that even if your advertisement contains content that you or your design agency have supplied, we own the overall compiled and templated form of your advertisement as it appears in our print products or digital products. This means that you need to ask our permission if you want to reproduce or use your advertisement anywhere outside of our products. The only exception is where you don’t need to use our production specifications to create your advertisement, because of the category of advertisement that you are purchasing (for example, a premium advertisement spot). In that case, you will own the compiled design and form of your advertisement, as well as its content.



hyperlinks to your own or other’s websites in your digital business page or digital community page; ensuring that your business contact details are correct as shown in your advertisement.

The placement of advertisements in our products does not mean that we endorse or recommend any of the advertised products or services, including your products or services. We are not your agent or the agent of any person who uses our products or services. We have no involvement or responsibility in any dealing or transaction that arises between you and any user of our products or services. You must deal with any user of our products or services directly to complete any transactions or to resolve any issues arising from them.

What we own: We also own, or are licensed to use, all rights including copyright in: • our products and services and our website • our production specifications • our trade marks, brand names, badges, icons, logos and domain names • the images in our image library • data that we collect or that is generated through or in relation to our products and services and website, and • all content published, contained, posted or uploaded in or on our products and website including comments made in response to your advertisement (except for content that you have provided, used, or made available for use in your advertisement, or content that is identified as belonging to another party). As copyright owners, we get to decide who gets to use that content and the kinds of use they can make of it. Except for content that we allow to be shared for specific purposes through Facebook and Twitter, or other social media, you must not use any of our property without our permission.

10.

What are we liable for?

This section sets out our liability to you. Our products and services are provided to you on an “as is” and “as available” basis. We do not guarantee that our products and services will be uninterrupted, timely, secure or error free, or that any information or content provided in any of our products is error free or reliable. To the greatest extent permitted by law, we exclude all guarantees, representations, terms and warranties not specifically included in these terms of business. You are solely responsible for: • the content of your advertisement (including, in the case of our digital products, for any content that we use in your digital business page (where you are an exemplar) or in your digital community page that you have made available to us or that we have pulled from your website or other publically available sources); Localist Terms of Business v1.6

You agree you are acquiring our products and services for the purposes of a business and that accordingly the provisions of the Consumer Guarantees Act 1993 do not apply. To the greatest extent permitted by law, we exclude any liability of any kind to you or anyone claiming through you for loss of profit, loss of revenue, loss of business or missed opportunity, loss of data, wasted expenditure or lost savings, or any indirect, special or consequential loss, arising from or in connection with your use of our products or services or otherwise in connection with our agreement with you. If we are found to be liable under these terms or otherwise at law, our liability to you or anyone claiming through you in respect of any event or series of connected events is limited to the total amount paid by you to us for any of our products or services in the 6 months immediately prior to the date of your claim.

11.

Privacy

You consent to us collecting, using and holding information about you for our business purposes, including providing our products and services and: • contacting you about products and services that may be of interest to you; and • notifying you of your points balance or tier status and otherwise communicating with you as a member of the business recognition scheme by email or using other contact details. We do not collect or hold any credit card information. Once a recurring payment is defined, the credit card data is stored securely by our payment service provider, DPS, and payment will be automatically triggered on every payment date with the designated amount. You consent to us collecting, using and holding general credit information about you and to our disclosing that information to our parent company New Zealand Post Limited and to any third party in connection with credit management and control purposes. You understand that we may credit check you and you agree that we may collect information from any person who can provide us with information relevant to these purposes. Where we collect personal information from you we will only use that information for the purpose for which it was collected. You can access or request correction of any

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personal information that we hold about you by writing to Privacy Officer, New Zealand Post Group, Private Bag 39990, Wellington Mail Centre, Lower Hutt 5041. Where you disclose information to us about your business including your customers and your marketing activities (other than information that is in the public domain), we will treat this information as your confidential information.

12. things

What else do you need to know – general legal

in their advertisements. Our advertising policy can be found on our website agreement means this agreement comprising your sales order(s) and these terms of business, our agreement with you has the same meaning booking deadline the date by which you must approve your sales order, as set out in your sales order consumer means a user of our local guides, digital products, website and mobile applications

Any notice from you to us must be in writing, signed by you or your authorised representative and sent to the following address:

content means any information, claims, statements, photographs, images, video, text, data, trade marks, brands or logos

Localist Limited PO Box 7707 Wellesly Street Auckland 1141 Attention: Greg Murphy

digital business page means a business page in our digital product advertising a business or organisation’s products and services

We may transfer or subcontract to a third party any of our rights and/or responsibilities under our agreement with you.

digital community page means a page in our digital product advertising a community organisation’s services and facilities. We can determine eligibility for a community page listing at our discretion

We will not be liable to you for any delay or failure to provide our products or services or any other delay or failure in meeting our obligations under our agreement with you to the extent that the delay or failure is caused by an event outside of our reasonable control.

digital product means our online local information service for connecting consumers with local businesses, events and services in local areas across Auckland, which can be accessed through our website or mobile phone applications and through social media such as Facebook and Twitter

If we fail to exercise or delay exercising any right we have under our agreement with you, that failure or delay will not constitute a waiver of that right and will not prevent us exercising that right in the future.

exemplar customer means those businesses we have invited to be exemplars on our digital product and whose digital business page will be held up as an example of what’s good about our digital product

If any of these terms is held to be invalid, unenforceable or illegal for any reason, the remaining terms will continue in full force and effect.

local guides means our printed local guide books for connecting consumers with local businesses, events and services in local areas across Auckland, with a separate local guide being produced for different regions across Auckland

Our agreement with you is governed by New Zealand law. You agree to submit to the non-exclusive jurisdiction of the New Zealand courts.

13. A guide to the special words we have used in these terms of business ad approval deadline means the date by which your ad approver must approve your print ad proof ad approver means the person in your business or organisation who is responsible for working with us to develop and approve your print advertisement, your business page (if you are an exemplar customer) or your community page advertisement means the advertisement for your business or organisation to appear in our print product or digital product (including standard print advertisements, premium advertisements, digital business pages, or digital community pages, as the case may be) advertising policy means our policy, as updated from time to time, setting out the requirements that our business customers must comply with when supplying content for use

Localist Terms of Business v1.6

premium advertisement means one of our premium advertisement spots in our local guides, being either the inside back cover (full colour), or a double page business profile (full colour), or a double page spread (full colour), or a multiple page/community page spread print ad proof means the approval form that we send to your ad approver, attaching a draft of your print advertisement for their approval print products means our local guides production specifications means our templates for the production of advertisements in our products products means our digital product or our print product, and the specific details of the products that you are purchasing from us are set out in your sales order sales order means our written sales order to you, detailing important information (including our charges) about your advertisement and the specific products and services that you are purchasing from us services means the services that we provide in relation to our products

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standard print advertisement means an advertisement in our local guide other than a premium advertisement we/our/us means Localist Limited and our successors or assigns website means our website www.localist.co.nz web and mobile terms of use means our web and mobile terms of use which are available on our website working day means any day of the week other than a Saturday or Sunday or public holiday in Auckland you/your means you, the business or organisation named in our sales order that is receiving products and services from us under this agreement.

Localist Terms of Business v1.6

Last updated 2 September 2011

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