Terms and Conditions of Use
These Terms and Conditions were last updated on 24 August 2020
1.1 Site: This website www.newsroom.co.nz (the Site) is operated by Newsroom NZ Limited (We, Us, Our).
2. Intellectual Property
2.1 Rights: All intellectual property rights in the Site, and in the material published on it, including photographs, videos, podcasts, video podcasts, articles, blogs and comments (the Site Material) are owned by, or licensed to, us. The Site Materials are protected by all relevant intellectual property laws and treaties around the world.
2.2 Licence: Subject to these Terms and Conditions, we grant you a non-exclusive, limited, temporary and revocable licence to access, browse and use the Site (including the Site Materials).
2.3 Use:The Site Material may not be used (including copied, republished, rewritten, resold, redistributed, communicated, transmitted or stored, whether by caching, framing or similar means), whether in hard copy, electronic or any other form, except:
(a) in accordance with any licence obtained from the NZ Press Association Limited trading as Print Media Copyright Agency;
(c) where that use is for public or commercial purposes and you have first obtained a licence from us or the relevant entity (including our licensors) that owns the Site Material that allows your proposed use; or
(d) where that use is for personal use, research or educational purposes.
2.5 Breach: If you access and/or use the Site Materials in breach of these Terms and Conditions, your right to use the Site will immediately cease and you must, at our request, return, delete or destroy any copies of the Site Materials you have made.
2.6 Obligations: You must not:
(a) access the Site via any method other than through a standard web browser. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or other monitoring method; or
(b) use or introduce (or allow anything to be used or introduced) into the Site, our systems or environment any virus, Trojan horse or worm, or other device designed to damage, disable or impair the full use of the Site or any network, system, software, data or material that underlies or is connected to the Site.
3. Linking and third-party sites
3.1 Third party links: The contents of the Site may include links to other third-party websites (Linked Sites). We will not be:
(a) responsible for the contents of any Linked Site; or
(b) liable for any loss or damage (including direct, indirect, incidental, special or consequential loss or damage) suffered by you from accessing, using, relying on or trading with third parties.
3.2 Prohibited links: We reserve the right to prohibit links to the Site and you must remove or cease any link to the Site at our written request.
3.3 Dealings: Any dealings with our partners appearing on the Site are solely between you and the partner.
3.4 No responsibility: We are not responsible or liable for any dealings that you have with the partner/advertiser (including any promotion or competition run by such third party).
4. Disclaimer, limitation of liability and indemnity
4.1 Updates: We reserve the right to update and amend any information on the Site at any time.
4.2 No reliance: The Site makes certain information and material available to you as a news reporting and opinion sharing service. We take all reasonable care to ensure the facts stated on the Site are accurate and complete and the opinions given are fair and reasonable. In accessing and using the Site, you acknowledge and agree that:
(a) we do not provide you with any advice of any kind;
(b) we do not offer any opinion with respect to the nature, potential value or suitability of any particular transaction or strategy; and
(c) use of information contained on the Site is at your own risk and we are not responsible for any adverse consequences arising out of such use.
4.3 Exclusion of liability: To the maximum extent permitted by law, we will not be responsible or liable to you or any other person for any loss or damage:
(a) in relation to your access and use of the Site, including if the Site is unavailable (in whole or part) or performing slowly; or
(b) in connection with any errors, omissions or misstatements in any Site Material.
This exclusion applies regardless of whether our responsibility or liability arises in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage).
5. Newsroom Pro Subscriber Specific Terms
5.1 Newsroom Pro: This clause 5 applies to your use of the Site as a subscriber to Newsroom Pro (Registered User). For the purposes of these Terms and Conditions, Newsroom Pro means the subscription service that allows Registered Users to access extra content posted on the Site and also receive electronic communications of news and insights from our Newsroom Pro team. If you are not a Registered User, then the terms in this clause 5 do not apply to you.
5.3 Details: You confirm that the details you provide to us through the Newsroom Pro online registration form are, at the time you provided such details, current, complete and accurate. If your details change whilst you are a Registered User, you agree to ensure that your details are updated in a timely manner. You also confirm that the details or any other information provided through the registration process, or subsequent to registration, is not misleading or deceptive, or likely to mislead or deceive.
5.4 Password: You must ensure that your password is kept secure and confidential and not revealed to any other person. You are entirely responsible for all activities that occur through the use of your password. You must notify us immediately of any unauthorised use of your password or any other breach of security. Following any unauthorised use, you will cease using that password and create a new unrelated password. You indemnify us, our directors, officers and employees against all costs, expenses and damages incurred in connection with any claim arising from any reasonable reliance by us on any use of your password, including us disclosing information relating to your subscription with us.
5.5 Emails: As part of your Newsroom Pro subscription, you may receive electronic communications with news and/or insights written by our Newsroom Pro team (Communications). You may use the Communications:
(a) in any manner licensed to you by us; and
(b) for personal use, research or educational purposes.
You may not, unless permitted under clauses 5.5(a) and 5.5(b), distribute or share, whether in hard copy, electronic or any other form, all or any part of the Communications with any person unless that person is also a registered user of your subscription plan.
5.6 User-Generated Content: The Site may include information and materials uploaded or generated by other users of the Site (User-Generated Content). We will endeavour to monitor, approve and/or moderate all User-Generated Content prior to such content being published on the Site. We reserve the right to delete, edit or move any User-Generated Content uploaded and/or published which is, in our sole discretion, defamatory, harmful, offensive, inappropriate, in violation of any law or otherwise unacceptable. Any views expressed in any User-Generated Content does not necessarily represent our views or values. If you believe that any User-Generated Content is defamatory, harmful, offensive or inappropriate, or if you would otherwise like to complain about it, you can contact us here.
5.7 Registered User Comments: We invite Registered Users to post comments to the comments section of the Site subject to the terms and conditions in this clause 5. These specific terms and conditions may be modified or amended by us at any time. In relation to Registered User comments:
(a) We reserve the right, at our sole discretion, to reject, edit or remove your comments at any time, with or without notice to you.
(b) The comments section of our Site is moderated. We reserve the right to reject comments that are, in our sole discretion, defamatory, harmful, offensive, inappropriate in violation of and law, or otherwise unacceptable.
(c) Comments posts are limited to 2500 characters.
(d) We reserve the right, at our sole discretion, to terminate your account as a Register User if you breach these terms and conditions.
(e)If you post illegal or harmful comments your details - including your IP address – may be reported to the appropriate authorities.
(f) You will not use the comments section to advertise, promote or solicit any goods or services, or otherwise engage in trade or commerce; or provide any financial advice, or advice of any kind in relation to any financial product.
(g) You agree to fully indemnify and hold us harmless against any liabilities, claims, costs, loss (including consequential loss) or damage incurred as a result of any content you post in the comments section of the Site, or as a result of any breach by you of these clause 5 terms and conditions.
5.8 Warranties and acknowledgments: In relation to any content you submit to the Site as a Registered User, you:
(a) warrant that you are the owner of the content or are otherwise authorised or licensed to provide it to us;
(b) warrant that the content is not defamatory, harmful, offensive or inappropriate and does not otherwise infringe any law or the legal rights of any other person;
(c) grant us a non-exclusive, worldwide, perpetual, royalty-free licence to use and republish your content in any format, and to exercise all copyright, moral and publicity rights relating to your content;
(d) acknowledge that we may edit your content for brevity, style or clarity; and
(e) acknowledge that if we use and republish your content in accordance with clause 5.7(c) we would attribute such content to you and we would still attribute such content to you if we make minor edits to your content.
5.9 Automatic renewal: To make managing your subscription to Newsroom Pro easy, all our subscriptions are automatically renewed at the end of the applicable period (typically monthly) and the rate for your chosen Newsroom Pro subscription plan will be automatically paid from the credit card you provided at the time of registration as a Registered User. If you do not cancel your subscription or we do not hear from you, we will automatically renew your Newsroom Pro subscription for the same plan, or from the trial period plan to the subscription plan selected at the time of registration, and at the current rate for such applicable plan.
5.10 Plans: Each Newsroom Pro subscription plan allows you to have a set number of users:
(a) household plan can have up to two users;
(b) small business plan can have up to 29 users;
(c) medium business plan can have up to 99 users;
(d) large business plan can have up to 199 users; and
(e) other business plans for over 200 users.
Each user must have their own login and password details, which cannot be shared with others. You can change your subscription plan at any time:
(a) through your account dashboard, by logging in and clicking the “My Account” tab near the top right side of any page on the Site and then select a different plan in the “change plan” section; or
(b) by notifying us by email at [email protected]
Your new Newsroom Pro subscription plan will take effect from the end of your current subscription plan.
5.11 Pricing: The price of a Newsroom Pro subscription plan, including where applicable any introductory pricing for a specified period, will be displayed at the time of purchase. All prices for Newsroom Pro subscription plans include GST (unless otherwise specified) and are in New Zealand dollars.
5.13 Cancellation: If you do not wish to renew your Newsroom Pro subscription, you can cancel your subscription at any time:
(a) through your account dashboard, by logging in and clicking the “My Account” tab near the top right side of any page on the Site and then the “cancel subscription” link in the “subscription details” section; or
(b) by notifying us by email at [email protected]
Your Newsroom Pro subscription will be cancelled at the end of your current subscription plan. We do not provide refunds on cancelled subscriptions.
5.14 Termination: Refunds will not be granted on subscriptions terminated in accordance with clause 6.1. On termination, you must not attempt to become a Registered User without our prior written consent.
6.1 Suspension and termination: Without prejudice to any other rights and remedies available to us, if we consider that you have breached these Terms and Conditions, we may immediately and without written notice to you, suspend or terminate your access to the Site (or any part of the Site) and/or your Newsroom Pro subscription. On suspension or termination, you must immediately cease using the Site and any Communications, and must not attempt to gain access to the Site or any Communications.
6.3 Contact: If you have any questions, concerns or complaints in relation to the Site or these Terms and Conditions, please contact us by sending an email to [email protected] or for Newsroom Pro to [email protected].
6.4 Law: These Terms and Conditions are governed by and will be construed in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand.