Terms and Conditions
Welcome to Adbuddy! By signing up and using our services, you agree to the following terms and conditions. Please read them carefully.
1. Acceptance of Terms
By accessing and using Adbuddy’s services, you agree to be bound by these Terms and Conditions, our Privacy Policy,and any additional terms applicable to specific services,which may be amended from time to time.
2. Definitions
2.1 “Adbuddy” refers to Adbuddy Ltd, the service provider managing digital advertising for its clients.
2.2 “Advertiser” refers to any individual or entity using Adbuddy’s services to place advertisements on the digital screens of Adbuddy’s clients.
3. Account Registration
3.1 Advertisers must provide accurate and complete information when creating an account and must update this information as necessary to maintain its accuracy.
3.2 Advertisers are responsible for maintaining the confidentiality of their account information and passwords.
4. Advertising Content
4.1 Advertisers must ensure that all content uploaded complies with Adbuddy’s advertising guidelines in force from time to time and all applicable laws and regulations.
4.2 Advertisers warrant that their content does not defame any person or entity, is not false or misleading, does not infringe on any third-party intellectual property rights, does not breach any confidentiality obligations, and complies with all applicable laws and regulations.
4.3 Adbuddy reserves the right to reject or remove any content that it deems inappropriate, offensive, non-compliant, or that may, in its opinion, subject it to liability.
4.4 Adbuddy may refuse to use or withdraw content from publication without providing a reason.
5. Quality and Liability
5.1 While Adbuddy may, as a courtesy, perform quality checks and flag any concerns regarding the content, Advertisers remain solely responsible for ensuring the accuracy and legality of their advertising content.
5.2 Adbuddy is under no obligation to guarantee the accuracy, legality, or compliance of the content uploaded by Advertisers and shall not be liable for any errors, inaccuracies, or legal issues arising from such content.
5.3 Adbuddy does not guarantee uninterrupted or error-free operation of its services. There may be periods of downtime for maintenance, updates or unforeseen issues. Adbuddy shall not be liable for any loss or damage, arising from any such interruption, delay, or failure.
6. Scheduling and Errors
6.1 Advertisers are responsible for ensuring that their content is uploaded and scheduled correctly.
6.2 Adbuddy will not be liable for human errors, such as incorrect scheduling or premature removal of content. In such cases, Adbuddy will make every effort to rectify the situation by offering an additional week of advertising at no extra charge if deemed appropriate by Adbuddy.
7. Payment and Fees
7.1 Advertisers agree to pay all applicable fees for the advertising services provided by Adbuddy.
7.2 Payment options: Advertisers can choose to pay the entire amount upfront or on a weekly basis.All payments are automated online. Time is of the essence for all payments.
7.3 Adbuddy reserves the right to adjust the design fees and advertising rates upon providing notice to Advertisers.
8. Termination
8.1 Adbuddy reserves the right to terminate an Advertiser’s account for any breach of these Terms and Conditions.
8.2 Adbuddy reserves the right to terminate an Advertiser’s account at any time, for any reason, by providing written notice to the Advertiser.
9. Confidentiality
9.1 Both Adbuddy and Advertisers agree to maintain the confidentiality of any confidential or proprietary information shared during the course of using Adbuddy’s services.
9.2 Notwithstanding clause 9.1, Adbuddy may use data derived from the information provided by Advertisers for purposes such as generating market insights, improving services, and other analytical purposes,provided that such use does not publicly disclose any proprietary or confidential information of the Advertisers.
10. Indemnification
10.1 Advertisers agree to indemnify and hold harmless Adbuddy and its officers from any claims, damages, or losses arising from their use of the services or their breach of these Terms and Conditions.
11. Governing Law
11.1 These Terms and Conditions shall be governed by the laws of New Zealand.
12. Amendments
12.1 Adbuddy reserves the right to amend these Terms and Conditions at any time. Advertisers will be notified of any changes and continued use of the services will constitute acceptance of the amended terms.
12.2 All notices to be given under these Terms and Conditions will be deemed to have been duly given when sent by Adbuddy to the email address provided by the Advertiser during account registration
13. Dispute Resolution
13.1 Any disputes arising from these Terms and Conditions shall be resolved through arbitration or mediation in New Zealand, as mutually agreed upon by the parties. If the parties cannot agree on a method of dispute resolution, the dispute shall default to arbitration by a single arbitrator nominated by the president of the New Zealand law society.
14. General Provisions
14.1 Adbuddy excludes all implied conditions and warranties from these terms except to the extent that they cannot be excluded at law.
14.2 The Advertiser agrees it is seeking services from Adbuddy for the purpose of a business and therefore the guarantees in the Consumer Guarantees Act 1993 are excluded.
14.3 The Advertiser acknowledges that it has not relied on any representation made by or on behalf of Adbuddy in connection with the advertising.
14.4 If Adbuddy is found to have any direct liability to the Advertiser in any circumstance, that liability is limited to the cost of the advertising space for the relevant material on the digital screens.