Terms and Conditions

Last updated 05:00 19/02/2009

Fairfax Media Terms and Conditions

Acknowledgement and acceptance of General Terms

Access to, use of, linking to www.stuff.co.nz its associated masthead websites and subsites and any other Fairfax New Zealand Limited owned websites (the Site) constitutes your agreement to be bound by the Terms. Fairfax New Zealand Limited (Fairfax) reserves the right to amend the Terms at any time. Users are deemed to be aware of and bound by the amendments to the Terms upon publication on the Site. You should review the Terms periodically and before giving any information or confirming it to Fairfax

Ownership of Content on the Site

The materials displayed on the Site, including without limitation, all news, real time or other information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (Content) are protected by copyright, trademark and other intellectual property laws unless expressly indicated otherwise on the Site. All rights, title and interest in and to the Content are owned, licensed or controlled by Fairfax or the party credited as the provider of the Content.

Access to and use of Content on the Site

You may browse the Site for your own personal use, information, research, study and educational purposes only. Fairfax grants to you a limited non-exclusive license to view copy and print the Content for your non-commercial or personal use. All requests for any permission for further use of the Content must be in writing and should be sent to syndication@fairfaxmedia.co.nz.

Nothing in the terms shall be construed as granting to you any license under any patent, trademark or copyright of Fairfax or any third party.

You must not use the Site or the Content in any manner or for any purpose which is unlawful or in any manner which violates any right of Fairfax or which is otherwise prohibited by these Terms. Under no circumstances may the Content be used to establish, maintain or provide, or assist in establishing, maintaining or providing a stock market (other than one authorised by law) for trading of securities.

The Dow Jones Indexes are proprietary to and distributed by Dow Jones & Company, Inc. and have been licensed for the Site. All Content of the Dow Jones Indexes © 2008 is proprietary to Dow Jones & Company, Inc. Dow Jones Terms of Use.

Membership  

a) Access: To access the Stuff nation settings section of the Site (accessible at ("Stuff Nation") you will need to submit your:

  • First name and last name
  • An e-mail address (E-Mail Address)
  • Password (Password).
  • Age
  • Region (City or region only)
  • User name

b) Fairfax Media Account: By providing Fairfax with your details above and clicking that you accept the Terms and Conditions, you consent to the creation of your Fairfax Media Account and the recording by Fairfax of any information you disclose to us.

c) By having a Fairfax Media account, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information. You must not register as a member multiple times. You must not impersonate or create a membership for any person other than yourself.

d) Security: You must keep your Password safe and must not disclose it to any other person nor should you keep a written or electronic record of your Password. You are wholly responsible for all activities which occur under your membership details. You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used or transferred to any other person.

e) Reliance on Login and Password: Fairfax is entitled to rely on the authenticity of your Login and Password supplied to access features of Stuff Nation or any other service provided by us.  When the correct Login and Password is provided we may act on and rely on any instruction given without the need for further enquiry.

f) Changing your Login or Password: Fairfax will arrange or provide a facility for you to select a new Login or a new Password if you advise us that your Login or Password is known to another person or there has been unauthorised access to your Fairfax media Account.

 

User submitted content

For all content that you submit or that display on our site you agree to the terms and conditions for user submitted content. See  Terms and conditions.

  • Public Profile: When your Stuff Nation account is created a public profile is also created for you - This profile will display your username and avatar if provided by default - Your public profile is accessible via your comments by clicking on your username or from your quiz league results. You may choose to add additional content to this page in the form of a short bio, links to your own personal sites or occupational data.
  • User names
  • Quiz group names
  • Commenting

 

Privacy

You acknowledge that you have read and understood the terms of the privacy policy. You agree that Fairfax Media may use and disclose information about you in accordance with the terms of the privacy policy. You also agree to check the privacy policy on a regular basis and to let Fairfax Media know if you object to use or disclosure of information about you in accordance with any updated statement.

 

Access outside New Zealand

Fairfax makes no representation that materials on the Site are appropriate or available for use in other countries, and accessing them from other countries or territories where their content is illegal is prohibited. Use of the Site is done on the understanding and acceptance that you do so on your own initiative and you are solely responsible for compliance with local laws.

Disclaimer

The Content on the Site is derived from sources believed to be accurate and current as at the date indicated by reference to the "last reviewed" date, indicated in the respective sections of the Site. However ,due to the number of sources from which content may be obtained and the inherent hazards of electronic distribution, neither Fairfax nor any supplier of Content to it, or their respective directors, officers, agents, employees or contractors:

a) give any representation or warranty as to the reliability, accuracy or completeness of the Content; or

b) warrant that any of the functions contained in any Content or your access to the Site, will be uninterrupted or error-free.

Neither Fairfax, any supplier of Content to it, or their respective subsidiary companies, officers, employees and agents shall, under any circumstances, be liable in any way for any loss; or direct, indirect, consequential, incidental, indirect or special damages, of any kind or any other damages howsoever arising (whether in negligence or otherwise), out of or in connection with the Content and/or any omissions from the Content.

The Consumer Guarantees Act 1993 does not apply to the supply of services to you by Fairfax on or through the Site, if you are acquiring or holding yourself out as acquiring those services for the purposes of a business.

In the case of goods or services supplied or offered by Fairfax, any supplier of Content to it or their respective subsidiary companies and their officers, employees and agents, liability for breach of any implied warranty or condition which cannot be excluded is limited at the relevant party's option to either:

a) the supply of the goods (or equivalent goods) or services again; or

b) the payment of the cost of having the goods (or equivalent goods) or services supplied again.

Indemnity

You indemnify and hold harmless Fairfax and its subsidiary companies, officers, employees and agents and keep them indemnified, from and against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages incurred or suffered by any of them arising from your access to and/or use of the Site.

Not Investment Advice

The Content on the Site including news content provided by Fairfax and the content sent to you by the My BusinessDay Service provide general information only. The content of the Site and My BusinessDay Services are not intended as investment advice and must not be relied upon as such. The Investment Advisor Disclosure rules in Part 4 of the Securities Markets Act 1988 do not apply to NZX or Fairfax. You should obtain professional investment advice tailored to your specific circumstances and needs prior to making any investment decisions.

Neither Fairfax, its subsidiary companies nor any of their officers, employees and agents or licensors:

a) endorses or sponsors, or has endorsed or sponsored, any securities or financial products referred to on the Site or any linked website;

b) makes or has made any recommendation regarding any securities or financial products made available by any of the companies identified on or linked to the Site; or

c) makes or has made any recommendation regarding the advisability of investing in securities or other financial products generally for any particular individual.

The Site is not, and must not be, construed as an offer of securities or other financial products and is not an invitation to you to take up securities or other financial products.

Advertising and Links to Other Websites

The Site may contain links to third party websites which are not under the control of Fairfax. Fairfax is not responsible for the contents of any linked website or any hyperlink contained in a linked website other than its own websites. Hyperlinks are provided to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Fairfax or its employees. Fairfax provides no guarantees, representations or warranties as to the nature, content and reliability and shall have no liability for any electronic content delivered by a third party, including and without limitation to, the accuracy or reliability of any information, data, opinions, advice or statements made on those linked websites or the timeliness of any electronic content. You link to any such linked website entirely at your own risk.

Where the Site contains third party advertisements, including banner advertising, third party logos and information, materials and documents relating to or provided by third parties (Third Party Material), the Third Party Material may contain embedded hyperlinks to websites operated by third parties or their licensees or contractors. Fairfax and its employees do not recommend or endorse the products or services of those third parties. In some instances, the Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party's website and executing the relevant transaction. Such offers are not made by Fairfax or its employees, and the third party is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

Caching and unauthorised hypertext links to the Site are prohibited as is the framing of any content available through the Site without Fairfax's prior written consent. Fairfax reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the Site. Any clause, or part thereof, declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder.

Terms and Conditions for Stuff Nation Competition

How to Enter:
1. Register with Stuff Nation for a chance to win your share of $15,000. A $5000 grand prize and a $1000 prize to be won every week for 10 weeks.
2. The promotion opens at 05:00 am on Monday 17th September and runs for 12 weeks closing at midnight on Sunday 9th December 2012 ("Promotion Period").

Prizes:
Major Prize: $5,000NZD
Weekly Prize Draw: $1,000NZD

Prize Draws:
Major Prize Draw

    * There will be one (1) major prize draw, with one (1) winner for the prize draw. The prize draw will be held on Monday 10th December 2012.

Weekly Prize Draw

    * There will be ten (10) weekly prize draws, with one (1) winner for each prize draw.
    * Entries received during each week will be allocated to the draw for the week during which it was received by the Promoter. An entry received exactly on the start of a week will be allocated to the week that is just commencing.
    * Entries into a Weekly Draw will not be included in any subsequent Weekly Draws.
    * Each Weekly Draw will be held on the Monday after the end of the week in respect of which it is held, with the first commencing at 12 noon on Monday 24th September 2012 and the last at 12 noon on Monday 26th November 2012.


GENERAL TERMS AND CONDITIONS OF ENTRY:
1. Cash Prizes are non-transferrable, not redeemable for a gift/experience
2. Participants must be over 16 years of age to register and enter.
3. The winner will be notified by email address provided in the registration process. If the winner does not respond to the email within one week the prize will be re-allocated.
4. Fairfax New Zealand reserves the right to use winners name for promotional purposes including but not restricted to public relations and marketing via internet and otherwise.
5. The competition is only open to current residents in New Zealand.
6. Employees of Fairfax New Zealand and its associated agencies cannot enter.
7. Competition entries become the property of Fairfax New Zealand Limited "The Promoter".
8. The Promoter reserves the right, at any time, to verify the validity of claims and Eligible Entrants (including an entrant's identity, age and place of residence) and to disqualify any claimant who submits a redemption that is not in accordance with these Terms and Conditions of Entry or who tampers with the redemption process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
9. The Promoter's decision is final and no correspondence will be entered into.
10. Allow 28 days delivery for all prizes.  The Promoter is not responsible for any prize which is lost or does not otherwise arrive. Where an item is provided or sponsored by a third party, the entrant/claimant consents to the Promoter providing the third party with his/her name, address and other relevant details to enable the dispatch of the item to the entrant/claimant.
11. Any person suspected of cheating in the opinion of the Promoter or otherwise fraudulently falsifying data or acting in any way fraudulent, in the opinion of the Promoter, will be removed from the Promotion and damages may be sought.
12. Except for any liability that cannot be excluded by law, the Promoter (including its officers, directors, shareholders, employees, advisors, assignees, agents, licensees, representatives, advertising and promotional agencies) excludes all liability (including negligence), for any personal injury or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where attributable to any of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions of Entry; (e) any tax liability incurred by a claimant or entrant; or (f) use of a prize.
13. As a participant in this promotion you acknowledge that you are providing information to Stuff.co.nz or FairFax.
14. The Promoter reserves the right to amend or modify these Terms and Conditions of Entry at any time and from time to time.
15. The Promoter reserves the right to cancel or amend this Promotion due to events arising beyond its control. The Promoter is not responsible for any third party acts or omissions.
16. The Promoter is FairFax Media of 2 Hereford Street, Freemans Bay, Auckland ("The Promoter").

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