The purpose of My Community Websites is to provide a service to enable community groups and businesses in the Ormiston and Botany areas to promote their services and/or goods, to the respective local communities on the myhowick, mypakuranga, mybotany and myormiston websites. As this service is largely FREE to community groups, the conditions below do NOT apply.
This agreement is between My Community Ltd and the `Listing Company’ (named in the above agreement).
Responsibility of the Respective Parties
My Community Ltd undertakes to list the services and/or goods offered by the `Listing Company’, and in so doing, to act in good faith to promote the services and/or goods of the `Listing Company’, however My Community Ltd makes no warranty as to the effectiveness, or otherwise, of this listing service.
The `Listing Company’ is responsible for providing an accurate description of its business, and My Community Ltd accepts no responsibility or liability to the `Listing Company’ (or any `Third Party’) for any omission or error in the description of services offered by the `Listing Company’, nor any misleading information or any actions performed by the `Listing Company’, including any actions that may constitute a breach of the Fair Trading Act, the Consumers Guarantee Act or any other Act under New Zealand law.
Term of the Contract
The contract is for a term of 12 months from the date of listing, and is renewable for a further 12 months at the discretion of either party.
Payment for Services Rendered
The `Listing Company’ undertakes to pay My Community Ltd any advertising fees.
Failure to make payment on the due date will result in the immediate notification of the overdue payment by My Community Ltd and could result in the immediate removal of the listing within 5 working days of notification. In addition to this, My Community Ltd will seek to recover any arrears by engaging a debt collection agency. In this case, penalty interest will accrue at a rate of 2 % per month, My Community Ltd will be entitled to the monies owed and the `Listing Company’ will also be liable for any additional costs. In this case, the `Listing Company’ will be prohibited from being re-instated to the directory inside a period of 12 months, and any such reinstatement will be at the sole discretion of My Community Ltd.
The `Listing Company’ agrees to indemnify us for all costs (including legal costs on a solicitor and own client basis) and expenses that we incur as a result of your failing to make payment of our costs.
If the `Listing Company’ is in default (as above), or if they choose not to renew the listing, My Community Websites has the right to transfer the listing to another like company so that the current Google page ranking is transferred to the new owner of the listing.
Rights to Refuse Listings
My Community Ltd has the right to refuse any listing that in its view breaches the community’s standards of good taste and decency, including any business activity that is of an illegal nature, and including, but not limited to, any pornography or any other material of an objectionable nature. My Community Ltd’s decision on what constitutes a breach is final.
Responsibility to Third Parties
My Community Ltd’s responsibility in connection to this listing service is limited to the `Listing Company’ only, and My Community Ltd makes no warranties as to the amount of business, nor to the performance of the `Listing Company’ in relation to the goods and/or services bought by any third party.
Feedback on Listing Company from Third Parties
My Community Ltd will endeavour to critique and verify the validity of any feedback that a third party submits as part of a customer review, before the comments are allowed to go `live’, and My Community Ltd does not accept any responsibility for the accuracy (or otherwise), of these comments. The `Listing Company’ has no right of reply to these comments on the website, without first discussing the matter with the third party in question, as well obtaining agreement from My Community Ltd.
The `Listing Company’has the right to have the `Leave a Review’ and `Leave a Comment’ section disabled by My Community Ltd, so that no reviews or comments are able to be left by customers.
Claims & Disputes
Should any dispute arise as a result of the performance of the listing service, it must be submitted to My Community Ltd in writing who will then endeavour to rectify the matter in a fair and equitable manner to the satisfaction of the `Listing Company’.
Consumer Guarantees Act
Nothing contained in these terms and conditions shall be deemed to exclude or restrict any rights or remedies that the customer may have under the Consumer Guarantees Act 1993 or otherwise at law.
If any provision in these terms and conditions is illegal, invalid or unenforceable, such provision shall be deemed to be excluded or read down to the extent necessary to make the provision legal, valid or enforceable, and the remaining provisions of these terms and conditions shall not be affected.