Privacy and Terms

Accessing the websites

These terms, conditions and privacy policies outlined apply to all users of websites controlled by or owned by Convergent Online Media Limited (the “Sites”), including users who contribute content such as video, images, review, blogs, build diaries, forum postings and other materials or services to the websites.

It is forbidden to use or cause to be used any automated website browsing systems such as spiders and robots that access the Sites utilizing requests that occur more rapidly than would be possible by one person accessing the Sites using one conventional online browser (such as Internet Explorer).

Operators of public search engines may allow their spiders to crawl the Sites for the sole purpose of creating publicly searchable indices of the content of the Sites, but not caches or archives.

Account names may not be harvested from the Sites.

Copyrights

Copyright 2010 Convergent Online Media Ltd. All Rights Reserved. The text, images, graphics, sound files, animation files, video files (the “Content”) and their arrangement on the Convergent Online Media Internet site(s) are all subject to copyright and other intellectual property protection. The Content is owned or licensed to Convergent Online Media. These objects may not be copied for commercial use or distribution, nor may these objects be modified or re-posted to other sites. By using this Site you agree not for yourself or through or by way of assistance from any third party to distribute, copy, extract, or commercially exploit such material or content without prior consent. Some Convergent Online Media Internet sites also contain images that are subject to the copyright rights of their providers.

Convergent Online Media’s websites may contain links to third-party websites that are not owned or controlled by Convergent Online Media. Convergent Online Media assumes no responsibility for the content on these sites or their policies of use. We recommend you read and adhere to the terms, conditions and privacy policies of external websites that you visit.

Trademarks and patents

Unless otherwise indicated, all marks displayed on Convergent Online Media’s Sites are subject to the trademark and patent rights of Convergent Online Media Ltd.

User Submissions

The Sites currently permit the contribution of videos, images, blogs, build diaries, reviews, comments, forum posts and other communications submitted by you and other users (“User Submissions”). User Submissions are made available to the public.

User Submissions are the submitting user’s responsibility. You affirm that you

a)      have the appropriate permission, license, rights, consent and/or ownership of any User Submissions submitted to the Sites. You authorise Convergent Online Media to use, display and/or offer for download any User Submissions.

b)      have written permission (for example, in the form of a model release) for any identifiable individual person
to enable Convergent Online Media to use the User Submissions in this website.

Your ownership rights in your User Submissions are retained by you, however, by making a submission you grant Convergent Online Media a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, sell, sublicense, create derivative works, reproduce or display in any media formats and channels in connection with the Sites and their successors, including for promotion of the Sites.

Should you delete a User Submission from the Sites, the foregoing license terminates for any new activity.

Disallowed User Submissions

You must only submit User Submissions for which you have the rights of ownership or distribution.

You must not submit material that:

-          Is copyrighted or protected by other rights (e.g. privacy, proprietary, trade secrets, etc) unless you have specific written permission to do so from the owner of the respective rights.

-          Are libellous, defamatory, unlawful, obscene, threatening or harassing, racially or ethnically offensive or pornographic. This includes User Submissions that encourage conduct that would breach another’s legal rights, incite violence, give rise to civil liability, or violate any law.

-          Are advertisements for products and services for yourself or any other parties

Convergent Online Media will remove any User Submissions that violate these terms and conditions upon proper and accurate notification, including proof of the infringement. Convergent Online Media may remove content without prior notice, and may terminate a user’s right to access the Sites in the case of repeated infringement at its sole discretion.

No Warranties or Representations

The information on this website is provided by Convergent Online Media “as is” and without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement. While the information provided is believed to be accurate, it may include errors or inaccuracies.

Convergent Online Media does not endorse any User Submission or any opinion or advice expressed within, and expressly disclaims liability in connection with User Submissions.

Your use of the Sites indicates you understand that you will be exposed to User Submissions that may contain inaccuracies. Convergent Online Media is not responsible for the end use of any User Submissions or other content in the Sites.

Use of the Sites is at your sole risk. Convergent Online Media, its directors, employees and agents disclaim all warranties, express or implied in connection with the Sites and your use thereof.

Forward-Looking Statements

This web site contains forward-looking statements based on beliefs of Convergent Online Media management. When used in this web site, words such as “anticipate”, “believe”, “estimate”, “expect”, “intend”, “plan” and “project” are intended to identify forward-looking statements. Such statements reflect the views of Convergent Online Media as of the date made with respect to future events and are subject to risks and uncertainties. Convergent Online Media disclaims any intention or obligation to update these forward-looking statements.

Damages, legality and disputes

In no event will Convergent Online Media be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the Site. Convergent Online Media does not warrant that the material contained in this site will be error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.

If any of these Legal and Privacy terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Legal and Privacy terms are intended to be effective, then to the extent and within the jurisdiction which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining Legal and Privacy terms shall survive, remain in full force and effect and continue to be binding and enforceable.

These Legal and Privacy terms shall be governed by and construed in accordance with the laws of New Zealand. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of New Zealand.

No Licenses

Convergent Online Media has sought to achieve an innovative and informative Internet site. However, Convergent Online Media must protect its intellectual property, including its patents, trademarks and copyrights. Accordingly, please appreciate that this Internet site has granted no license to Convergent Online Media’s intellectual property.

Privacy

Convergent Online Media websites (the “Sites”), any unique URLs they appears on, and all personal information collected from users of the Sites, are owned solely by Convergent Online Media Limited. In this Privacy Policy references to “us”, “our”, and “we” are references to Convergent Online Media Limited.

We take our users’ privacy seriously.

This Privacy Policy details how we treat your personal information, and is part of the Terms and Conditions of the Sites. This Privacy Policy applies only to the Sites, not to websites that we have no control over (i.e. sites that link to our Site, or sites that we link to).

Your consent

Your use of the Sites signifies your consent to us collecting and using personal information about you in accordance with this Privacy Policy.

What information do we collect?

You can access the majority of the Sites without disclosing any personal data. However, in order to provide you with a range of other services (such as blogs, uploading content, ecommerce, email alerts, etc), we may collect other information. In any case when we collect information, you will be the one that personally supplies it to us, predominantly when filling in a form to order a product or service, or fill in a survey. This may be, for example, your name, mailing address, email address, telephone number, gender and preferences, and we may store this for future reference.

When creating your account you must supply accurate and complete information and keep your account password secure. You are completely and solely responsible for activity that occurs on your account. You must not access another user’s account without their permission. If you become aware of a breach in the security on your account, notify Convergent Online Media immediately. Please be aware that if you have not divulged your password to anyone, your computer may be infected with spyware such as key loggers. We recommend the use of anti-spyware software.

Convergent Online Media will never install malicious spyware on your machine.

How do we use your information?

Any personal data relating to you is used and stored in accordance with this Privacy Policy and current data protection best practices. We may use your personal information to let you know about new features or offerings on the Site, for record keeping purposes, to track activity on our site, or to improve usefulness and content, for example.

We may operate an opt-in mailing list to send you Convergent Online Media -related news. When you register on our site, you are automatically subscribed to the email list for that site and on receiving the first notification you can unsubscribe by following the instructions at the bottom of the email.

We reserve the right to disclose your personal information:

§         To another entity taking over the running of the Sites or purchasing our assets

§         To any law enforcement agency reasonably requesting it on the condition that we are satisfied as to the circumstances surrounding the request.

§         In order to comply with applicable laws a lawful government requests,

§         To protect our users and ourselves.

Security

We take every precaution to protect your personal information. We may ask you for proof of identity before disclosing any personal information to you.

Competitions

From time-to-time we may run competitions. If we contact you to inform you of a competition, your entry is voluntary. Should you choose to enter a competition, we will treat the information you provide with the same high standard of care as all other customer information. You may be required to register for an account to enter a competition. By supplying us your email address when entering a competition you will be signed up to the newsletter relating to the magazine/website running the competition. You can unsubscribe on receiving the first email newsletter.

Competitions are open only to New Zealand residents, unless otherwise stated.

Cookies

The Sites may send you a cookie automatically when you use it. Cookies are used, for example, to compile anonymous usage statistics and patterns of browsing. When used in this manner you are not personally identifiable.

Some of our business partners may use cookies on the Sites or their own sites. We have no access to, or control over these cookies. You can set your internet browser to reject cookies, though some features of the Sites may become unusable.

Correcting and Updating Personal Information

If your personal information changes, or if you believe we are storing incorrect data about you, you may ask us to correct or update it by using the form in the Contact Us page. We may require you verify your identity before effecting any changes.

Site and Service Updates

We may send you service announcements or updates relating to the Sites. You cannot unsubscribe from these as they will contain important information about the services provided on the Site.

Notification of Changes

We may occasionally modify our Privacy Policy.

Text and Picture Messaging Service

By subscribing to the Convergent Online Media Text and Picture Messaging Service (“the Service”), you accept the following terms and conditions:

§         The Service is provided by Convergent Online Media Ltd in conjunction with our telecommunications supplier.

§         All content supplied via the Service is owned by us or our licensors, and is protected by copyright, database rights, trademarks and other intellectual property rights. Any reproduction is strictly prohibited.

§         You agree and accept that the Service is for your own personal use and may not be used for commercial purposes, whether revenue generating or not, and may not be further distributed in any way.

As per our Privacy Agreement, we may supply your mobile telephone number to third parties engaged by us in the provision of the Service, and by subscribing to the Service you give us permission to send you updates by email, mail or phone.

Cancellations:

Cancellations will be invoiced to the end of the current month.

We will not be liable to you for failures, delays or defects in the delivery of the content that are caused by factors outside our control, including delays or interruptions to services due to faults in mobile networks or third party suppliers.. It is your responsibility to ensure that your device and network are capable of receiving the Service. Picture messages must be downloaded within 30 days of purchase, after which the link will be inactive. The total amount of any and all liability to you in relation to the Service is limited to the amount you have paid for your subscription.

We reserve the right to alter the Service and the content of messages at any time and at our entire discretion but should we do so we will provide a reasonable alternative. The Service may be temporarily available in the event of upgrades, modifications or maintenance requirements. We will endeavour to keep those periods of non-availability to a minimum.

If you use the Service from a country outside New Zealand your use may be subject to additional local costs and to local laws and regulations. We are not liable for any such additional costs or such local laws or regulations.

Ecommerce

Welcome to the ecommerce facility in the Site (“the Store”). By accessing the Sites and/or placing an order you agree to be bound by the terms and conditions set out below. We ask that you read them carefully and only proceed with your order if you are happy to be bound by them:

Products in the Store are supplied either by Convergent Online Media, or via Convergent Online Media from various suppliers. The warranty for the products may lay with the supplier.

You must not use any branded merchandise to represent yourself as being employed, affiliated with, a contractor to, or servant of Convergent Online Media or its suppliers unless you are authorised to do so. Please contact us directly if you would like merchandise with a corporate license.

If you have not obtained a commercial license from us you must not resell or apply any trade marks to any product that you purchase from the Site, nor can you use any products for any form of advertising or promotional purpose.

Nothing in these Conditions affects or detracts from your statutory rights under New Zealand law, including the Fair Trading Act and Consumer Guarantees Act.

To process your order we will need various information, including your name, e-mail address, telephone number, delivery address, invoicing address, billing address and such other details as may be appropriate. Please review our Privacy Policy, above, regarding how we manage this information. Once you have placed an order with us we will send you an email acknowledging your order details. However acceptance and confirmation of your order only take place when we send you an email confirming dispatch and we reserve the right at any time to reject any offer made by you to purchase products. If products are out of stock or subject to a delay, we will email you as soon as possible.

Pricing

All prices shown on the Site are for online purchases only and are priced in New Zealand dollars with GST included. GST will be separately itemised on your invoice. Prices may change without notice. Please note that you must comply with all laws and regulations of the country where you are receiving the order as you will be considered the importer and may be subject to additional import duties and taxes which must be borne by you and of which we are not aware. Where prices have been displayed in error, we are not bound to honour them but will, at our discretion; either contact you before dispatch to confirm whether you wish to continue with the purchase at the correct price or cancel your order and notify you of such cancellation.

Payment

We currently accept on-line payments with Visa and MasterCard, conditional on validation of the card transaction with the issuer at the time of purchase. You confirm that the credit card being used is yours. We may share your personal information with such third parties as are necessary to enable us to do such checks and we reserve the right not to dispatch any order prior to the completion of security checks, which may delay dispatch of the order by up to 48 hours.

Payment is in New Zealand dollars (NZ$). However, for your convenience you can also view the final price in some other currencies based on an estimated foreign exchange transaction rate. To view prices in these currencies simply click the appropriate currency symbol on the checkout page of the Store. On clicking one of these symbols, the page you are currently displaying will refresh with all prices displayed in your new currency. Please note that this may not be the exchange rate actually applied when taking payment from your account.

Delivery

Postage and packaging charges are shown when you place an order (but prior to you finally submitting the order request) and are calculated according to the chosen product and the type of delivery selected. All packages will be required to be signed for on delivery. Please note that if your country is not listed when you enter your address details, it is because we cannot deliver there and we reserve the right to withdraw delivery to any location at any time.

Cancellation Policy

Once you have ordered a product and it has been dispatched, you cannot cancel your order.

Exchange Policy

Once you have ordered a product and it has been dispatched, you cannot exchange it for another product.

Faulty Products Returns Policy

In the highly unlikely event that you receive a damaged or defective product, you must return it to us within 14 days for a full refund or exchange at your choice. Please use the Returns Procedure below. Refunds of the price of the goods (excluding additional services such as shipping) will be made directly onto the credit card used in the initial purchase within 30 days of the return of the item. Postage rates will be reimbursed in the same way, providing they are reasonable, appropriate and accompanied with a postage receipt. We bear no responsibility for the secure arrival of your return.

Returns Procedure

We ask that you securely package up your product and attach a copy of your invoice. Send it to us at 254 Richmond Rd, Grey Lynn, Auckland, New Zealand. We do not accept hand delivered returns.

General

§         We will not be held responsible for any delay or failure to comply with our obligations under these Conditions if the delay or failure arises from any cause which is beyond our reasonable control.

§         You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Site, that it is compatible with our Site and that you have implemented sufficient procedures and virus checks. We cannot guarantee or warrant that any material available for downloading from our Site will be free from infection, viruses and/or other code that has contaminating or destructive properties.

§         We accept no responsibility for variances in colour, style, finish or appearance due to your computer settings or any minor differences in product detailing due to the fact that our goods are not mass produced.

§         We accept no liability for loss or damage suffered by you arising out of or in connection with the viewing, use or performance of our Site or its contents other than as a direct result of your purchasing goods, except where we have been negligent.

§         The Website is controlled and operated in New Zealand. These Conditions and all matters connected with any order you place on the Website are governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the courts of New Zealand in relation to all matters connected with or arising out of the Site or any order you place on the Site. Customers who access the Site from outside New Zealand do so at their own risk and on their own initiative and are responsible for compliance with their own local laws, to the extent that any local laws are applicable.

§         Nothing in these Conditions in any way is an attempt to restrict or affect your statutory rights under New Zealand law.

Advertising on our sites

Please refer to our corporate site for advertising guidelines, media packs and further information.

Parkside Media uses due care and diligence in the preparation of its magazines and websites, but is not responsible or liable for any mistakes, misprints, omissions or typographical errors. Parkside Media displays advertisements provided to the publisher, but gives no warranty and makes no representation to the truth, accuracy or sufficiency of any description, photograph or statement. Parkside Media accepts no liability for any loss which may be suffered by any person who relies either wholly or in part upon any description, photograph or statement contained herein. Parkside Media reserves the right to refuse any advertisement for any reason. The views expressed in this website are not necessarily those of the publisher or editor.