Terms & Conditions
Section 1: General. Whenever we say "we", or "us", we mean BillboardMe Limited (BL). When we say "our" or "website" or "BillboardMe" we mean the website www.billboardme.co.nz. When we say "you" we are talking about you, the individual or business that either promotes or shops using the capability of our website. This agreement is binding to all users and user accounts on BillboardMe whether they are business or an individual account. These Terms of Use (Terms) and conditions show everyone who uses BL what to expect and what’s expected of them. These BL terms are the rules for using BillboardMe. They tell you what you can and can’t do on BillboardMe, what you can expect from businesses listing on BillboardMe and what you can expect from us to make your BillboardMe experience a great one. They also explain everyone’s legal responsibility to each other – individals, businesses and BL.
Section 2: Accepting the terms. Whenever you use BillboardMe the BL Terms apply to you. By using BillboardMe you are confirming that you accept these terms. If you don’t agree to these Terms do NOT use BillboardMe in any way. To confirm this we ask you to tick a box on registration to say that you have read and agree to the BL Terms of use for BillboardMe. We do this to remind you of your agreement to the BL Terms before you use BillboardMe in any way.
Section 3: Changing these terms. We may update or revise this policy periodically. If we do we will post those changes here, and they'll take effect as soon as they are posted. In the majority of cases changes will only be minor and relate to improvements in the website. If the changes will make a material change to your day to day relationship with BillboardMe you will be informed of these changes directly. These changes will always be made in a good faith manner to improve your return on investment from BillboardMe.
Section 4: About New Zealand law. These terms are governed by and are to be interpreted in accordance with New Zealand law. In the event of any dispute arising in relation of these terms or their subject matter, the New Zealand courts will have exclusive jurisdiction over such dispute.
Section 5: Business listings on BillboardMe. BillboardMe facilitates the marketing of services and the promotion of New Zealand businesses. Here we describe how you can use BillboardMe, what your responsibilities to BL are, and any specific disclaimers to let you know what BL will not be responsible for.
Section 6a: Services. Businesses list their services on BillboardMe and individuals may link to the businesses website to complete the product or service purchase in the manner provided by the service supplier.
Section 6b: Parties involved. On BillboardMe you can browse categories or search for specific businesses. Your agreement to buy products or services is only with the business that is listing with BillboardMe and not with BL. So you must deal with the business directly to resolve problems relating to their products or services. Please use caution and common sense when making purchases.
Section 6c: Price and service descriptions. BL does not author product descriptions, titles, prices, photos or any other listed details that appear on BillboardMe. The responsibility for accurate product descriptions, titles, prices, photos and other listed business details lies solely with the business that is listing their services. The business will be held entirely responsible for any damages resultant from inaccurate or misleading price and product descriptions.
Section 6d: Service descriptions. Businesses that list on BillboardMe agree to do their best to make sure the information they provide to us is accurate, reliable, adequate, complete and current. However, we are not responsible in any way for content supplied by third parties. Although we do our best to ensure the content is accurate, reliable, adequate, complete and current. With content we cannot and do not represent or warrant this will always be the case. For example, due to technical or human error, information may be recorded incorrectly or omitted on BillboardMe.
Section 6e: Price. All prices listed on BillboardMe are stated in New Zealand dollars (NZD) and include GST unless specifically stated otherwise. Any product prices listed on BillboardMe are provided by the businesses listing on BillboardMe. While we ask that all businesses do their best to make sure the prices they provide to us are accurate, reliable, complete and current, we cannot and do not represent or warrant that the price is correct.
Section 7: Your responsibilities. You agree to comply with all laws and regulations applicable to your access and use of BillboardMe. This means you agree to:
- follow our instructions when using BillboardMe;
- not act in a way or use or attempt to damage, interfere with or introduce anything (including, without limitation, any virus, robot, spider, scraper or other automated means to access this website or feature on it for any purpose) that in any way compromises BillboardMe or any network or system underlying or connected to BillboardMe;
- not use our website (or copy, scrape, systematically or automatically extract or otherwise use any information or other material from the website) for any commercial purpose other than to conduct a commercial transaction where this is offered to you as part of our services;
- comply with any additional legal requirements in respect of restricted items;
- ensure that everyone you are responsible for also meets these commitments and your other obligations under these Terms.
Section 8: Consequences of your actions. Without limiting our other rights and remedies, we may, at our discretion:
- monitor your BillboardMe use and restrict access to any content that we consider to be inappropriate or in breach of any law, third party right or these terms but we are not obliged to or responsible for doing so;
- contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the website (including, but not limited to, the uploading or e-mailing of any material in breach of these terms or any applicable laws);
- provide copies of any relevant material to the law enforcement authorities and also give them access to any personal data that is held by us and relate to the material supplied; and
- refuse to provide any further services to anyone who breaches these Terms.
Section 9: Security. Security is important. You are responsible for any activity which occurs on or through your membership account (whether or not it's actually authorised). You agree
- not to permit any other person to use your password or account;
- keep secure and confidential any password or access details
- not to disclose to any other person your password or any other information that may allow them to gain access to your account; and
- change your password immediately if you believe that your account may have been used without your authorisation.
Section 10: User license. If you post any material on BillboardMe, you agree that we may reproduce, publish, modify and distribute that material and incorporate it in other works in any form but only for purposes reasonably associated with the posting and the operation of our business. If you do not own the material, you must get the owner’s consent before you post or upload it.
Section 11: Our rights and responsibilities
Section 11a: Intellectual property. We spend a lot of time and effort making BillboardMe look good and work well. So we're committed to looking after it, and except for content that businesses load on BillboardMe and license to us we (and our licensors, suppliers, buyers and/or advertisers listing on BillboardMe, as the case may be) own all proprietary and intellectual property rights in and to our website and material displayed here including, without limitation, text, images, graphics, layout, look-and-feel, the software, trademarks, trade names and other material underlying and forming part of BillboardMe and/or BL. You may not copy, distribute, alter or tamper with in any way or otherwise use any material contained in our website except as set out in these terms. You are also not allowed to remove any copyright, trade mark or any other intellectual property notices from any material copied or printed from this website. All rights not expressly granted to you in these terms are reserved.
Section 11b: Ending or suspending any services. We may at any time and without notice:
- change the format and content of our website and/or any products or services offered here;
- end (stop providing), suspend or restrict your access to any service we provide if you do not meet any responsibility you have to BL; or
- terminate or suspend the operation of our website and/or the services (in whole or in part) temporarily, if we think it reasonable or necessary (e.g. for support or maintenance work, to update content or to protect our website or users of our website from suspected fraudulent or unauthorised activity), or permanently if we decide to stop providing some or all of our services.
- This will not affect any rights and responsibilities which are intended to continue, or come into force after that date or event.
Section 11c: Electronic communications. Whenever you visit BillboardMe or send emails to us, you are communicating with us electronically. This means you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Section 11d: Disclaimers. We are not an agent of any business or third party. We are not responsible for any transactions you may enter into through: your use of BillboardMe; your participation in any promotions; or as a result of any dealings between you and anyone else using BillboardMe. To the fullest extent permitted by law, we disclaim any responsibility for, or liability related to, the products available on BL. Any questions, complaints or claims should be directed to the appropriate business. We are not responsible for ensuring that the information that you access or make available through using BillboardMe will be private or secure or free from viruses or other harmful things. We do not and cannot guarantee availability of our website and services or that there will be no interruptions or delays in relation to our website or services. This is because the availability or quality of BillboardMe may be affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, atmospheric, geographic, or topographic conditions. We are not responsible to you, or anyone else for any information that does not originate directly from us, any links we provide to third party sites or information at or accessible from those sites or any loss or damage arising from your use of BillboardMe.
Section 11e: Compensation. BillboardMe is provided on an "as is" and "as available" basis. We will only be liable to you if we have failed to comply with our obligations under these Terms. If that's the case, in spite of our best efforts, our sole liability to you and anyone else who uses the services we provide to you (together) will be to pay you up to a maximum combined amount equal to $100 NZD.
Section 11f: Liability. To the extent permitted by law, we exclude all warranties not expressly stated in these Terms. We exclude all other liability we or any of our suppliers, licensors, related companies, agents, officers, and employees may have to you to the maximum extent permitted by law. This exclusion applies to whatever you are claiming for (whether for direct, indirect or consequential losses, loss of profits, loss of business, loss of data or otherwise) and in whatever way any liability might arise if it were not for this clause (including in contract, tort, equity or under statute).
Section 11g: Indemnity. Except where we have expressly accepted responsibility under these Terms, you will keep us protected against any legal action taken against us and pay us any costs, losses or expenses we incur in connection with your use of BillboardMe or any failure to comply with these Terms.
Section 11h: Information about you. Personal information provided to us by you through your use of BillboardMe is subject to our Privacy Policy, which forms part of these Terms. You need to make sure that all information you give us is accurate, reliable, complete and current. Each time you provide information to us, you will be taken as confirming that you are authorised and capable of doing so. Without limiting our Privacy Policy, you agree that we may at any time disclose your personal information including, without limitation, your name and contact details to the relevant authorities, parties and/or applicable intellectual property right holders (or their representatives) if we consider that you are in breach of these Terms. These Terms (including our Policies incorporated by reference) constitute the entire agreement, and supersede any other agreements or understandings (oral or written) between you and us with respect to the subject matter. Any company or agent appointed by us may perform any of our obligations under these Terms and them, and our suppliers, and licensors, and each of their respective officers, employees, contractors and agents will have the benefit of any term that is of benefit to us. We may transfer this agreement or any benefit or obligation of it to any person including, but not limited to, our related companies (as defined under the Companies Act 1993) without notice to you. If we do transfer our obligations to another person (in which context we will be the transferor and the person we transfer the obligations to will be the transferee), the transferor will not be liable for, and you agree to discharge the transferor from liability for, any act or omission of the transferee arising in relation to these terms after that date. You may not transfer any benefit or obligation to any other person without our written consent. Each part of these Terms is separately binding. If for any reason any part cannot be relied on, all other parts remain binding. You acknowledge that you are not relying on any statement or representation in any form made by us or on our behalf in relation to the suitability of BillboardMe or your experience with or any outcomes you may achieve through using BillboardMe or the products and services available on BillboardMe. You agree not to commence any proceeding directly or indirectly arising from any statement or representation not expressly recorded in these terms. If we do not exercise or enforce any right available to us under these terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.
Section 11i: How do we collect information? When you choose to enter information while on BillboardMe we receive and hold that information. This includes forms you complete, emails you send or any other contact you make with us. For example: your membership profile, your feedback and any other communication with BillboardMe. BillboardMe automatically generates certain types of information when you use BillboardMe. We receive and hold that information. To do this we mostly use “Cookies” as they help us to keep track of where you go and what you like about BillboardMe. Cookies are little bits of information that websites send to your browser. Your computer can then store that on the system you use to access BillboardMe. You can disable cookies via your browser preferences (you'll need to do this yourself as we're not responsible for your browser). Importantly, if you disable cookies you won't be able to log-in to BillboardMe and get the most out of the membership ease of use available when you log in. You don't have to tell us anything. BillboardMe works best when we know a bit about you. Non members do not have access to all features on our website, we will always indicate when this is the case. You can opt out of receiving BillboardMe communications at any time by clicking on the link in your profile at any time or using the "unsubscribe" option. We'll then remove you from the distribution list as quickly as we can.
Section 11j: Why are we collecting your information? To make it easy for buyers to find what they like, and help suppliers find interested buyers. In order to do this, and make BillboardMe the best it can be, we may use your personal information for different purposes. As an example this may include:
- Processing your membership application.
- Finding out who visits BillboardMe to check if our advertising is working.
- Keeping everyone up to date, that means sending emails and other messages.
- Enforcing our legal rights.
Section 12: Rights of access. Under the Privacy Act 1993, you have the right to ask to see the information we hold about you. And if you notice that any of your details are incorrect just ask us to correct those for you.
Section 13: Severability. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
Section 14: Cancellation of service. Due to security concerns, all account cancellations must be actioned via phone request by the BillboardMe account holder. Upon cancellation of services, all charges will cease at the end of your current billed period. No partial credit or refund will be issued for early cancellation.
Section 15: Delivery and returns. BillboardMe is delivered entirely through the internet on a subscription basis. Payment is in advance for usage in the following billing period and the fees are non-refundable. See Section 14 for information on cancellation.
Section 16: Refunds / dispute resolution.We will meet our obligations as per the consumer guarantees act with regards to refunds. All requests for refunds must be made in writing to for consideration. Please include the circumstances and reasoning behind why a refund is required. We will endeavour to reply within 7 days to your request.
Section 17: Currency. All prices for BillboardMe services listed on this website are in New Zealand Dollars (NZD).
Section 18: Contact. If you have any questions about these terms and conditions you can contact
BillboardMe using the following details:
Company: BillboardMe Limited
Email:
Phone: + 64 21 398 999
Fax: + 64 3 323 7230
Postal: PO Box 5059, Papanui, Christchurch 8542, New Zealand