TERMS OF SERVICE
This website is operated by BusinessDesk, which is owned by NZME Publishing Limited (“NZME”). Throughout the site, the terms “we”, “us” and “our” refer to NZME and BusinessDesk.
BusinessDesk offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. We will notify you of any changes that we believe may significantly affect your subscription or use of the website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - YOUR SUBSCRIPTION
BusinessDesk provides a paid news service. All content is subject to copyright.
Use: All subscriptions and content accessed are for personal use and cannot be used for commercial purposes. Group and corporate subscribers may access and read the content for business purposes in the course of their role with the organisation or group purchasing the subscription. This use does not extend to copying, publishing, transmitting or storing the content, or using for commercial purposes.
Accounts: An individual user account is for a single person. This means it cannot be set up for a generic email address (such as [email protected]) viewable by multiple people unless you have a corporate account that allows all potential users to see the content. You may not on-sell a subscription. A group account is for a certain number of individual users. A corporate account covers all staff at the company or agency.
Each user account is entitled to access the Service via two individual devices, such as a desktop computer, tablet device or smart phone. Users are not permitted to share their login details.
You are responsible for all use of BusinessDesk by anyone using your account details and for preventing unauthorised use of your account details. Where users abuse their account rights, such as by sharing login details, we have the right to charge an amount equal to our standard published rate for the number of devices viewing the content. By using the Service, you agree to pay that amount.
Price and Payment: Personal subscriptions are pre-paid, and the price of the subscription will be deducted at the time you purchase the subscription. Group and corporate subscriptions will either be paid via credit card or will be invoiced in one invoice for your organisation issued either monthly, quarterly or annually in advance as confirmed with you. Invoices are due for payment by the 20th of the month following the month in which an invoice is issued.
The price and any specific terms relating to your digital subscription will be confirmed to you when you subscribe. You can also find the specific details relating to your subscription,
including the price and date of your next scheduled payment, by visiting your personal dashboard on www.businessdesk.co.nz. The price is in NZ dollars and includes GST. International subscriptions do not attract GST.
If we are unable to deduct the price of your subscription upon renewal and are unable to contact you about this, we will retry for a minimum period of 14 days, after which time your subscription may be cancelled at our discretion. We reserve the right to change the timing of our billing, particularly if your method of payment fails at any time.
We can change the price of any subscription and the amount that you pay (to be effective at the start of your next subscription period) at any time as long as we notify you. Once we notify you of a change in the price, you will have the opportunity to cancel your subscription (to be effective at the end of the then current subscription period). If you don’t cancel, you will be charged the new price at the beginning of your next subscription period.
Renewals: Subscriptions renew automatically at the end of their term and will continue to renew at the end of each additional subscription period unless cancelled or terminated. Where you have paid for an annual subscription, we will alert you before it expires. You must cancel your subscription before it renews to avoid paying for future subscription periods. Digital subscriptions cannot be paused or suspended.
Cancellation: You can cancel your subscription using your personal dashboard once logged in at www.businessdesk.co.nz. Your access to the site will finish at the end of your current subscription period. You will not receive a refund for any unused part of your current subscription, unless otherwise specified in these Terms of Service.
Notwithstanding the above, if you fail to cancel your annual subscription before its renewal date, but you call us on 088 100 888 within 30 days of renewal to cancel your subscription, your subscription will be cancelled and you will received a full refund for the renewal term.
Trial subscriptions and special offers: No more than one trial subscription is permitted per user in any 12-month period. If we become aware that a user has had more than one trial subscription within a 12-month period we reserve the right to charge the full subscription rate for each trial period. Special offers or promotions may be offered from time to time. We reserve the right to change and/or withdraw these at any time prior to acceptance by you. We will provide special terms relating to such offers at the time of sign up.
Communicating with us: You can manage communications from us at any time by visiting your dashboard on www.businessdesk.co.nz. We can communicate with you, and give you notice in writing to the most recent email on your account. You can communicate with us, and give us notice, by calling 0800 00 22 96 or emailing us or by writing to us at NZME, 2 Graham Street, Private Bag 92198, Victoria St West, Auckland 1142, New Zealand.
SECTION 2 - SHARING OUR CONTENT
Your user account provides no further right to disseminate or transfer our content beyond the number of users in your agreement with us. For example, a large company with a corporate licence can share our content to users internally. But it cannot send that content to external parties, unless we have explicitly contracted out of this prohibition such as through a particular subscription offer. You may make use of our sharing tools, which allow for the distribution of a headline and one paragraph of content, in order to share an individual article via email or social media. You agree not to frame, post or scrape our content.
Other than described above or where permitted under the Copyright Act 1994, copying of our content for commercial gain is a criminal offence under the Copyright Act 1994 and can lead to five years prison or a fine of up to $150,000.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are committed to accurate, fair journalism and make best endeavours to do so. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as a basis for making decisions. Any reliance on the material on this site is at your own risk. We do not provide financial advice.
This site may contain historical information and articles. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. In the event that the Service is permanently discontinued you will be entitled to a pro-rata refund of the amount you have paid for your current subscription period and we will not otherwise be liable for any suspension or discontinuance of the Service.
SECTION 5 - THIRD-PARTY LINKS
Certain content may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit certain specific submissions (for example, an article or contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
This does not apply for certain journalistic sources. We respect the confidentiality of whistleblowers and people who provide anonymous news tips. Where we have agreed to keep information or identities confidential, we will do all within our power to do so.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
The decision to publish, alter or delete any comment, article or journalistic work rests solely with us. We may choose to block any individual from commenting if we have reasonable grounds to suspect the individual may breach these or any other applicable terms.
SECTION 7 - PERSONAL INFORMATION
SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 9 - PROHIBITED USES
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. Subject to your rights to a pro-rata refund in some circumstances (see Section 13), you expressly agree that your use of, or inability to use, the Service is at your sole risk.
The Service and all products and services delivered to you through the service are (except as expressly stated by us or to the extent permitted by law) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
To the maximum extent permitted by law, BusinessDesk, NZME, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
For subscribers who pay monthly or quarterly, our maximum liability to you is limited to the value of subscription fees paid by you within the 3 months preceding any loss or damage incurred by you in connection with your subscription. In the case of subscribers who pay annually, our maximum liability to you is limited to one-quarter of the annual subscription fee paid by you.
SECTION 11 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BusinessDesk and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 12 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service and your subscription are effective unless and until terminated or cancelled by either you or us. See Section 1 for your rights to cancel a subscription. If we have reasonable grounds to believe that you have failed to comply with any term or provision of these Terms of Service, we may terminate your subscription at any time upon notice to you and you will remain liable for all amounts due up to and including the date your then current subscription term is due to end. In the event that, otherwise than due to your non-compliance, the Service is cancelled or terminated by us or is removed for a period of more than one month, you have the right to terminate your subscription and receive a pro-rata refund of the amount you have paid for that subscription period.
SECTION 13 - GENERAL
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
If you wish to contact us please use the details below:
BusinessDesk, Private Bag 92198, Victoria St West, Auckland 1142, New Zealand
Email: [email protected]
Phone: 0800 00 22 96