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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS, THEN CLICK 'ACCEPT' OR 'DECLINE' AT THE BEGINNING OR END OF THIS DOCUMENT.

 

The Terms and Conditions set out below cover the use of the data and documentation contained on this website, http://prrads.com and refers to all online products pertaining to it and including the PRRADS Online Ratecard Service, Media Directory and Production + and any other products brought into being at a later date (PRRADS Online) by Nielsen Media Research.

PRRADS is a registered trademark of ACNielsen (NZ) Ltd. Operating it's advertising and media research services under the tradename "Nielsen Media Research" and hereafter referred to as "NMR".

PLEASE NOTE that the Customer must read these Terms and Conditions carefully prior to activating the "Accept" button to access any further information. By clicking on the Accept button you, the Customer, shall be deemed to have accepted the Terms and Conditions governing the use of PRRADS Online. Should you choose not to be bound by these Terms and Conditions, activate the "Do Not Accept" button and notify NMR. Following that your subscription will be terminated.

 

LICENSE

In return for payment of the price of PRRADS Online NMR grants the Customer a non-exclusive non-transferable license (with no rights of sub-license) to use PRRADS Online in accordance with the Terms and Conditions set out here which, subject to any non-excludable laws are the entire Terms and Conditions governing the Customer's use of PRRADS Online. This license will commence as soon as the Accept button is clicked.
 

RIGHT OF  USE

Unless otherwise agreed in writing and in advance the Customer will receive up to 10 individual logon and matching passwords for individual employees of the company to access the data on the website. The logon and passwords are to be completely confidential between NMR and the staff member. They are non-transferable and each may only be used by a single employee and only while employed by the customer. The customer agrees to notify NMR of any changes in staff who have access to the website within 5 working days. The information on the website http://prrads.com is copyright and is strictly for the Customer's own use and must not be copied for distribution, publication or dissemination ( other than to employees of the customer who require copies of the information for the purposes of their employment) or used in whole or in part for resale, hire or broadcast without NMR's prior written permission.
 

PROPERTY AND OWNERSHIP

The license granted to the Customer in these Terms and Conditions does not make the Customer the owner of PRRADS Online nor does it cause any transfer or assignment of any proprietorial rights in PRRADS Online to the Customer. Ownership of PRRADS Online and /or proprietorial rights in PRRADS Online remains in NMR and nothing in these Terms and Conditions shall assign or transfer to the Customer any rights in the copyright or other intellectual or industrial property rights in PRRADS Online. The Customer may not under any circumstances allow any party outside of the Customer's license agreement to use or have access to or have a copy of their licensed subscription to PRRADS Online. Any breach of this term and condition will result in costs being charged to the Customer for lost revenue, and the immediate termination of the Customers License to PRRADS Online. An extra payment of $20,000.00 will be imposed on any Customer who has breached this term and condition and wishes to re-subscribe to the PRRADS Online service.

 

LIABILITY

Every effort has been taken by NMR to ensure the accuracy of the information contained on this website. Neither NMR nor its employees, has any liability to the Customer as a result of the use of this website or the information included within it, whether in contract or tort, including negligence, equity or otherwise. NMR does not have to pay the Customer or anyone else for anything else caused by, resulting from or relating to anything NMR has done or omitted to do, whether or not it is contemplated or authorized by NMR. This applies no matter how or why any liability, injury, expense, loss of profits or other loss might arise. NMR makes or gives no warranty, undertaking or representation in relation to the condition, correctness, suitability, accuracy, quality, fitness, completeness, safety or title of PRRADS Online as the case may be except as expressly provided in these Terms and Conditions.
The information contained in PRRADS Online is based upon information provided by various media included in the directory and if in the doubt as to the accuracy of the information contained in PRRADS Online, reference should be made to media or company listed in the directory. All rates listed are commission bearing unless stated otherwise. The Customer acknowledges that it has not relied on NMR's representation, descriptions, specifications, skill or judgment in purchasing this license to use PRRADS Online and that the Customer is satisfied as to the condition and suitability of PRRADS Online for its purposes.
 

TERMINATION

NMR may terminate the License of PRRADS Online to the Customer immediately:
if the Customer is in breach of any Clause of these Terms and Conditions;
or
if the Customer fails to make payment to NMR for the license of PRRADS Online.
Immediately upon termination of the Customers license to use PRRADS Online for any reason whatsoever, the Customer rights under these Terms and Conditions shall cease. The Customer will immediately return to NMR any copies, in whatever form, which it holds of any information sourced from this website.
 

WAIVER AND EXERCISE OF RIGHTS

The failure of either party to insist upon a strict performance of any of the terms and provisions of this Agreement shall not be deemed a waiver ofany subsequent breach or default in the terms and provisions of this Agreement. The acceptance of NMR of any money paid under these Terms and Conditions after any breach or default by the Customer of any one or more of the terms and provisions of the Terms and Conditions, whether before or after NMR has knowledge or gives the Customer notice of any breach or default, shall not constitute a waiver by NMR of that breach or default. The expiration or termination of this Agreement shall be without prejudice to the rights of either party against the other in respect of anything done or omitted to be done under this Agreement prior to suchexpiration and termination or in respect of any sums of other claims outstanding at the time of expiration or termination.
 

VALIDITY OF EACH TERM

If any term of this license is not valid or cannot be enforced for any reason all other terms remain valid and enforceable.
 

TERMS AND CONDITIONS FOR ADVERTISEMENTS

WARRANTIES: The Advertiser warrants and undertakes to Nielsen Media Research that:
a. the advertisement does not contain any material: that is or is likely to be misleading or deceptive or otherwise breaches the Fair Trading Act 1986; or that is defamatory, infringes a copyright, trademark or otherwise infringes any intellectual or industrial property rights; or otherwise breaches any provision of any statute, regulation, by-law or other rule or law; and
b. the material complies in every way with the Advertising Codes of Practice issued by the Advertising Standards Authority Inc. (‘ASA’) and with every other code or industry standard relating to advertising in New Zealand; and
c. publication of the material will not give rise to any liability on the part of Nielsen Media Research or in a claim being made against us in New Zealand or elsewhere.

INDEMNITY: The Advertiser acknowledges that Nielsen Media Research relies on the warranties set out in WARRANTIES above and agrees to indemnify Nielsen Media Research against all losses or costs arising directly or indirectly from publication of the material, and from any costs incurred in our making corrections or amendment in accordance with these terms and conditions.

RIGHT TO ALTER OR REFUSE: We reserve the right to refuse to publish any advertisement if, in our sole opinion, it would be undesirable to publish it.