‘The seller’ refers to Oceania Media Limited (‘OML’).

‘The buyer’ refers to any legal entity purchasing from the seller.

These Conditions of Use shall prevail over any terms contained in any order or offer made by the buyer or any document used by the buyer (which shall have no effect).

The Contract Between Us

We must receive payment of the whole of the price for the magazine subscription, online subscription, back issues of magazines, books or other products or services (“the goods”) that you order before you order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted to us when we send you an email that the goods have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.

Prices

Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars (NZD). Any currency conversion will take place online at the rate applicable at the time or purchase.

Taxes and other charges

All prices and delivery charges within New Zealand are inclusive of New Zealand Goods and Services Tax at the current rate.

Ordering

The seller's website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.

Order Process

The buyer may order products from the seller by completing and submitting the checkout process on the seller's website. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the buyers order.

The sellers discretion in rejecting orders

No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.

Overseas orders

Except for New Zealand Goods and Services Tax, prices do not include import fees, duties, tarriffs, taxes or other imposts or charges which may be payable in relation to buyers order. The buyer shall be liable to pay any import fees, duties, taxes and other imposts or charges which are payable in relation to buyers order.

Variation

Where the buyer and seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.

The seller may vary any prices on the seller’s website at any time and without notice to the buyer.

Oceania Media Limited / Spasifikmag.com / Spasifikmarket.com credit card information security policy

Oceania Media Limited / Spasifikmag.com / Spasifikmarket.com uses the Payment Express Gateway for its online credit card transactions. Payment Express processes online credit card transactions security for thousands of merchants globally, providing a safe and secure online payment service.

• Payments are processed in real-time
• Oceania Media Limited / Spasifikmag.com / Spasifikmarket.com does not have access to your full card number, this credit card payment is secured by Payment Express.
• Payment Express have bank grade security> All transaction details are stored in their PCI-DSS compliant Data Centre.
• Payment Express Software is certified with over 200 banks globally.

Visit www.paymentexpress.com for more info on online credit card payments.

In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (“the Act”) then: If the buyer is acquiring products from the seller for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those products. In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser's rights under the Act, to the intent that no provisions shall any way limit the purchaser's rights under the Act.

All orders are subject to the availability of products. If for any reason a product is not available, the seller will endeavour to notify the non-availability on this website. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.

Where products are listed on the seller's website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.

The seller may cancel the buyer's order any time prior to our order confirmation. Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price.

Once the seller has confirmed acceptance of the buyer's order, the seller will endeavour to dispatch the buyer's order within 3 business days unless a different time frame is specified in relation to a particular product. If the seller is unable to dispatch the buyer's order within the time frame specified the seller will endeavour to contact the buyer and advise the buyer of the expected dispatch date.

The seller reserves the right to dispatch the buyer's order in one delivery or by installments. Failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any installments already delivered. The buyer may cancel any undelivered installments up until the installment is confirmed.

Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery.

The buyer may specify delivery instructions for an order (for example, the buyer may authorise the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). The seller will not be responsible for any order that is delivered in accordance with the buyers delivery instructions.

You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

New Zealand law requires all international packages to have attached customs documentation, which describes the goods being sent and their cost.

Liability

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we will have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.

If you notify a problem to us under this `condition`, our only obligation will be, at your option:

• (a) to make good any shortage or non-delivery;
• (b) to replace or repair any goods that are damaged or defective; or
• (c) to refund to you the amount paid by you for the goods in question in whatever way we choose.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this `condition` and we will have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 17.2(c) above.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

Notwithstanding the foregoing, nothing in these terms and `condition`s is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence..

Goods supplied in accordance with the buyer's order can only be returned with the express approval of the seller.

Please refer to the Returns Policy to see what is covered.

To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.

To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.

To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.

In lieu of any warranty, condition, or liability by law, the seller's liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. All software is excluded from any such warranties.

At the termination of the appropriate period (ie guarantee period) all liability on the seller's part ceases.
The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.

The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.

The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify they buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.

Ownership of all goods sold by the seller (“the goods”) is retained by the seller until until the seller has received the full price for the products and the applicable delivery charges. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.

Until full payment is made the buyer agrees to:

• Enable the goods to be readily identifiable as the property of the seller.
• Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.

On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.

Until full payment has been received for the buyers order, the buyer acknowledges and agrees that:
these Conditions of Use constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and

a security interest is taken in all products previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer(if any).

sign any further documents and provide any further information which the buyer may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
indemnify the seller for all expenses incurred in registering a financing statement or financing change request on the Personal Property Securities Register or releasing any item charged thereby;

not register a financing change statement or a change demand on the Personal Property Securities Register without our prior written consent;

give the seller not less than 14 days' prior written notice of any proposed change in the buyer's name or any of the buyer's contact details.

Unless otherwise agreed to in writing by the seller, the buyer waives their right to receive a verification statement in accordance with section 148 of the Personal Property Securities Act 1999.

Once the buyers order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer's delivery instructions), the buyer assumes full responsibility for and risk in the products.

Modifications and improvements to the seller's products, prices and data are constantly being made.

Although the seller endeavours to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.

The seller also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on the seller.

If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take the appropriate action.

The buyer may not use a robot, scraper or other unauthorised automated means to access the website or information featured on it for any purpose.

The seller shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is is outside the seller's reasonable control.

Unless otherwise expressly stated in these terms and condition`s, all notices from you to us must be in writing and sent to our contact address at PO Box 8053, Symonds Street, Auckland 1150 and all notices from us to you will be displayed on our website from to time.

We will have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

If any part of these terms and `condition`s is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these `condition`s will not be affected.

You acknowledge and agree to be bound by the terms of our privacy policy.

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contract (Privity) Act 1982 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

The contract between us shall be governed by and interpreted in accordance with New Zealand law and the New Zealand courts shall have exclusive jurisdiction to resolve any disputes between us.

The buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from the seller.

The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller's website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.

OML sends marketing emails to recipients who have created and account or have provided their email address to a marketing partner.
If you no longer wish to receive marketing emails from us, you may click the “unsubscribe” link in the email.

We rarely have any delivery problems but sometimes things go wrong and you may need to return an item. Read through these policies before contacting us – orders@spasifikmarket.com

The item is not what I ordered

Provided the item is unopened and in mint condition we’ll replace the item or provide a full refund. To receive your replacement or refund you must return the original item to Mighty Ape. You will be provided with a no-cost return-addressed courier satchel (or similar) and process your refund or replacement within 14 days of receiving your item.

The item I ordered was damaged in transit

If your item was damaged between leaving our delivery station and arriving at your delivery address, you will receive a full refund or replacement. Courier Post will collect the damaged parcel from your address, along with the original packaging, and once the damage has been verified your return will be processed. This process can take up to one week. Please note that for your claim to be accepted you must retain the original packaging for your item(s), and the original packaging material used to deliver your order e.g. the courier satchel or delivery box.

The item I ordered did not arrive

If your item did not arrive the first thing to do is request a “track and trace” on your item from the Courier Post web site.

Go to the Courier Post web site

Alternatively you can call Courier Post on 0800 COURIER (0800 268 743).

If the “track and trace” on your order indicates that it has been delivered, but you’re unable to find it, we will start an investigation with Courier Post on your behalf.

Regrettably, neither Mighty Ape nor Courier Post are able to refund or replace items that have been lost, damaged or stolen after being delivered to your property. If you are concerned about leaving your items un-attended we recommend using the “signature required” option that is presented in the Checkout.

If you need to return an item, please read this page carefully to ensure your return is handled correctly, and then us.

Oceania Media Limited (“OML”) is providing this site on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties except where such warranties are deemed to apply by law. In addition, OML makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of OML howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

Neither OML nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site to the fullest extent premitted by law, neither by OML nor any of its directors, employees or other representatives will be liable for loss or damage. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under the Consumer Guarantees Act 1993 or other statutory rights which may not be excluded.

News, articles, contributions, photographs, drawings and information (“the material”) on www.SPASIFIKmag.com and www.SPASIFIKmarket.com and all other websites published by OML (hereinafter referred to as "we" or "the company") is provided free of charge on the basis that the company expressly disclaims any warranty in the material published. While taking all reasonable care to ensure that the material is accurate, the company accepts no liability for any error or omission and further, accepts no direct, incidental or consequential loss or damages arising from its publication.

OML is the proprietor of all of the intellectual property and get-up in www.SPASIFIKmag.com (“SPASIFIKmag”) and www.SPASIFIKmarket.com (“SPASIFIKmarket”)

All material published is copyright of SPASIFIKmag or SPASIFIKmarket or OML and/or the original authors, photographers or contributors and not in relation to any business or commercial activity. The material is provided for the use of individual readers only and may be accessed (and printed) for your personal use only. All other trademarks, brand names, product names and titles and copyrights used in this site are trademarks, brand names, product names or copyrights of their respective holders. No permission is given by OML in respect of the use of any of them and such use may constitute an infringement of the holders rights. While we welcome all normal links to our sites we regard "deep linking" an infringement of our copyright. Vide links information below if you would like to link to our website.

All images on the website are copyright protected. The purchase of an image does not carry with it the right to make a reproduction of it in any form without the prior written consent of the photographer. A prior payment of a reproduction fee may be required.

Links to external sites

SPASIFIKmag, SPASIFIKmarket and other OML websites contain numerous links to assist you to access further material and to companies and organisations which advertise with us. These links attempt to take you to sites over which we have absolutely no control. We deem that these links are in a form that clearly identifies your accessing of a third party website. The company offers no warranty whatsoever as to the veracity of any information published on external websites and readers must satisfy themselves as to the validity of information (including copyright and trademark information) obtained from them or how they may use personal information gathered from readers. Vide our privacy policy hereof.

Linking to our websites

You are welcome to link to SPASIFIKmag or SPASIFIKmarket provided however, the form of the link shall clarify that the link is to an external site. We would prefer links to go to the SPASIFIKmag or SPASIFIKmarket home page or the first page of any of the main sections of the following sites (i.e. SPASIFIKmag, SPASIFIKmarket, www.oceaniamedia.co.nz etc). Linking to other sections or pages runs the risk of your site containing broken links as we do not offer any warranty regarding location addresses which may be changed at any time without prior notice. Any specific requests in respect of linking may be directed to info@SPASIFIK.com. We regard "deep linking" as an infringement of our copyright.

To get a link from SPASIFIKmag or SPASIFIKmarket or Oceania Media or Pacific Peoples Health

We may provide links to many other sites. If you would like us to consider putting a link to your site, email details to info@oceaniamedia.co.nz with a brief description of your site. We reserve the right to refuse or discontinue any unpaid link at any time without notice or giving reason.

Privacy policy

Oceania Media Limited (OML) operates the websites www.oceaniamedia.co.nz – www.SPASIFIIKmag.com – www.SPASIFIKmarket.com – www.pacificpeopleshealth.co.nz.

As part of our operations we may gather certain types of information about users of our sites.

• Personally Identifiable Information. This is provided by you when you register for services that we may offer. Examples of these services could include email newsletters or events. Providing this information will always be optional for you. However, some services may not be available to you if you choose not to provide it.
• Aggregated Data. This information is generated by our systems as they track traffic through our sites. This information does not identify you personally and is not linked to the personally identifiable information that you may have provided.

Oceania Media Limited (“OML”) is committed to ensuring that your privacy is protected. This privacy policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy.

By using this site, you hereby agree to the policy of OML. If you do not agree to the policy, please do not use this site. OML reserves at its sole discretion, the right to modify this policy at any time whatsoever.

Any information posted on online forums becomes public information. We advise you to use caution when sharing personal information on such forum made available on this site as any of it can be collected and used by people you may not know. We further advise users under the age of 18 years not to divulge any personal information. While OML strives to protect and respect your privacy, it cannot guarantee the security of any information you disclose on such forum and any information so shared is at your own risk, and we accept no responsibility for any loss or damage suffered by you on disclosure of such information.

The information we collect and how we use it

When you register for our service we need to know your name, postal address, e-mail address, telephone number, credit card number and expiry date, if applicable.

We gather this information to allow us to process your registration, process any orders you may make. The relevant information is then used by us, our agents and sub-contractors to provide you with statements of your account and to communicate with you on any matter relating to the conduct of your account and the provision of the service in general.

We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.

From time to time we may provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the services we provide. We or our agents and sub-contractors may contact you by post, e-mail or telephone to ask you for your feedback and comments on our services.

We and any related companies may also wish to provide you with information about special features of our website or any other service or products we think may be of interest to you. You have the right at any stage to choose not to receive such information.  If you would rather not receive this information, please send a request by email to info@oceaniamedia.co.nz

We may also want to provide you with related information from third parties we think may be of interest to you. You have the right at any stage to choose not to receive such information. If you would rather not receive this information, please send a request by email to info@oceaniamedia.co.nz

We may also provide your information to carefully selected third parties whose products or services we believe may be of interest to you. You have the right at any stage to choose not to receive such information. If you would rather not receive this information, please send a request by email to info@oceaniamedia.co.nz

A cookie is a small data file that a website transfers to online users' hard drives to remember service settings. Cookies do not personally identify you when you use our websites. Cookies allow us to gather the following information: the date and time of your visit, the duration of your visit, the pages you visit, the domain name from which you access the internet and the referring address you linked from. We use this information to measure the number of visitors to the different pages of our site and to help us make our site more useful to you.

Can I get rid of cookies?

Yes. You can set your browser to notify you when you receive a cookie, and to decline or accept it. However, cookies do help to keep websites working more efficiently.

The internet is not a secure medium. However we have put in place various security procedures as set out in this policy.

OML does not collect any personally identifiable information unless you provide it to us. When you’re checking out our website, certain information can be passively collected (that is, collected without you actively giving us the information) using various technologies, such as cookies.

If you sign up to our website and submit personally identifiable information to us, we make our best efforts to keep this information protected. Unfortunately, no transmission over the internet can be guaranteed to be 100% secure. So while we strive to protect your personal information, we cannot ensure the security of any information you send to us. However, once we receive your transmission, we do everything in our power to ensure its security on our systems. Please remember that whenever you voluntarily give out personal information online, for example on message boards, through e-mail, or in chat areas, that you are giving strangers access to your details which can be misused. SPASIFIKmag.com strongly recommends that you never post personal information in any public area of the Internet. If you are under 13 years old and you decide to post or send personal information to us or to other areas on the Internet, we suggest you check with your parents that it's okay.

We also keep your information confidential. The internal procedures of OML cover the storage, access and disclosure of your information.

Sale of business

If this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.

Updating your details

If any of the information that you have provided to OML changes, for example if you change your e-mail address, name or payment details or if you wish to cancel your registration, please let us know the correct details by sending an e-mail to info@oceaniamedia.co.nz or by sending a letter to Administration, PO Box 8053, Symonds Street, Auckland 1150.

Your consent

By submitting your information you consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes on this page, and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. We will also e-mail you should we make any changes so that you may consent to our use of your information in that way. Continued use of the service will signify that you agree to any such changes.

Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside New Zealand that do not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try to improve the security of your information. By submitting your information you consent to these transfers.

How to contact OML

We welcome your views about our website and our privacy policy. If you would like to contact us with any queries or comments please send an e-mail to info@oceaniamedia.co.nz

Terms Used

‘The seller’ refers to Oceania Media Limited (‘OML’).
‘The buyer’ refers to any legal entity purchasing from the seller.

The Contract Between Us

We must receive payment of the whole of the price for the magazine subscriptions, VIP online subscriptions, back issues of magazines, books or other products or services (“the goods”) that you order before your order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted to us when we send to you an email that the goods have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.

Prices

Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars (NZD). Any currency conversion will take place online at the rate applicable at the time of purchase

Taxes and other charges

All prices and delivery charges within New Zealand are inclusive of New Zealand Goods and Services Tax at the rate of 15%.

Except for New Zealand Goods and Services Tax, prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to buyers order. The buyer shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to buyers order.

Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.

The seller may vary any prices on the seller's website at any time and without notice to the buyer.

Oceania Media Limited / Spasifikmag.com / Spasifikmarket.com uses the Payment Express Gateway for its online credit card transactions.  Payment Express processes online credit card transactions security for thousands of merchants globally, providing a safe and secure online payment service.

• Payments are processed in real-time
• Oceania Media Limited / Spasifikmag.com / Spasifikmarket.com does not have access to your full card number, this credit card payment is secured by Payment Express.
• Payment Express have bank grade security>  All transaction details are stored in their PCI-DSS compliant Data Centre.
• Payment Express Software is certified with over 200 banks globally.

Visit www.paymentexpress.com for more info on online credit card payments.

No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.

All orders are subject to the availability of products. If for any reason a product is not available, the seller will endeavour to notify the non-availability on this website. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.

Cancellation of orders

Where products are listed on the seller's website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.

The seller may cancel the buyer's order any time prior to our order confirmation. Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price.

Once the seller has confirmed acceptance of the buyer's order, the seller will endeavour to dispatch the buyer's order within 3 business days unless a different time frame is specified in relation to a particular product. If the seller is unable to dispatch the buyer's order within the time frame specified the seller will endeavour to contact the buyer and advise the buyer of the expected dispatch date.

The seller reserves the right to dispatch the buyer's order in one delivery or by installments. Failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any installments already delivered. The buyer may cancel any undelivered installments up until the installment is confirmed.

Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery.

The buyer may specify delivery instructions for an order (for example, the buyer may authorise the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). The seller will not be responsible for any order that is delivered in accordance with the buyers delivery instructions.

You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

New Zealand law requires all international packages to have attached customs documentation, which describes the goods being sent and their cost.

Liability

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we will have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.

If you notify a problem to us under this `condition`, our only obligation will be, at your option:

• (a) to make good any shortage or non-delivery;
• (b) to replace or repair any goods that are damaged or defective; or
• (c) to refund to you the amount paid by you for the goods in question in whatever way we choose.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this `condition` and we will have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 17.2(c) above.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

Notwithstanding the foregoing, nothing in these terms and `condition`s is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Return of Goods for Credit or Refund

Goods supplied in accordance with the buyer's order can only be returned with the express approval of the seller.

Please refer to the Returns Policy to see what is covered.

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at PO Box 8053, Symonds Street, Auckland 1150 and all notices from us to you will be displayed on our website from to time.

Events beyond our control

We will have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Invalidity

If any part of these terms and `condition`s is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these `condition`s will not be affected.

Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contract (Privity) Act 1982 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

Governing law

The contract between us shall be governed by and interpreted in accordance with New Zealand law and the New Zealand courts shall have exclusive jurisdiction to resolve any disputes between us.

Advertising

OML accepts all advertisements in respect of its listing space in the various categories (“the advertisements”) from you for publication in all OML publications under OML’s control on the following terms and `condition`s and such terms and `condition`s will apply to:

• (a) advertising in SPASIFIKmag, Spasifikmarket, Pacific Peoples Health and other OML controlled online and print media;
• (b) Online advertising on OML controlled web sites; and
• (c) All other advertising services provided to the customer by OML.

You as Advertiser

‘You’ shall mean the Advertiser and shall include an Advertising Agency that instructs OML to place advertisements.

Your Undertaking

You hereby undertake to OML that no advertisement will:

• (a) Give rise to any claims or liabilities against OML, its employees or agents;
• (b) Infringe any copyright, trademark, registered design, patent or other intellectual property rights of any person;
• (c) Contain material that is obscene, offensive, defamatory or otherwise unsuitable for publication;
• (d) Be or likely to be misleading or deceptive or infringe the provisions of the Fair Trading Act 1986 or any other statute, or regulation.

27.2 You hereby indemnify OML and its employees and agents and agree at all times hereafter to keep the OML indemnified from and against all losses and expenses (including legal costs) which OML may suffer or incur in consequence of any breach or non-observance of any of the covenants terms and `condition`s contained hereof on your part to be performed or observed and the you agree that you shall remain liable to OML under this indemnity until all moneys shall have been paid and all obligations and indemnities performed and satisfied notwithstanding as a consequence of such breach or non-observance OML may have exercised any rights available to it whether by contract, at law or otherwise and notwithstanding that you may be wound up or dissolved and notwithstanding that any guarantee given by you may for any reason whatsoever be unenforceable either in whole or in part.

OML’s Rights

OML may in its sole and unfettered discretion without notice to you:

• (a) Alter any advertisement if it deems necessary;
• (b) Refuse to publish any advertisement; and
• (c) Cancel, reject or refuse to publish any advertisement and OML shall not be required to provide reasons for such rejection or refusal at any time whatsoever.

No Guarantee

OML will attempt to provide you with the positioning of the advertisement on the site page as you request in respect of an advertisement provided however, OML does not guarantee the following:

• (a) That your product featured in the advertisement will be the only product of that type featured on that part or any other site page or anywhere on the site;
• (b) OML shall not be responsible in any way whatsoever in the event that the your request cannot be granted; and
• (c) The availability of the chosen colour and style classified advertising. Your advertisement may appear in black and white and OML will refund extra charges pertaining to colour classified advertising.

Liability

Except as provided herein, OML excludes to the fullest extent permitted by law, all warranties, representations and `condition`s whether implied by law, trade or otherwise. OML and its employees or agents shall under no circumstances be liable whether in tort, contract or otherwise for any indirect loss, loss of profits, consequential loss or damages suffered by you or any other person. The liability of OML including its officers, employees and agents to you shall be limited to the amount commensurate with the cost of the space of the respective advertisement and the said liability may arise for any loss or damage touching these terms and `condition`s or advertisements including errors however caused whether by negligence, system failure, misclassifications, internet outage, viruses, worms or delay. OML shall bear no liability whatsoever if you do not advise OML of any error within five (5) days of publication of the advertisement.

Consumer Guarantees Act 1993 (“the Act”)

For the sake of clarity, the provision of the Act is expressly excluded if you are not a consumer under the Act and acquire or hold yourself out as acquiring goods or services from OML for the purposes of a business. Notwithstanding this clause nothing in these `condition`s will affect your rights as a consumer under the Act.

Events Beyond OML’s Control

OML will not be liable to you or any other person for any loss whatsoever occasioned due to the non-publication of an advertisement arising from any cause beyond OML’s control. Such event may include any failure of OML’s site or computer networks (“the outage”). OML will take responsibility to restore its site and any links thereof should such an event occur. You may cancel your contract for any affected advertising if the site is not restored within ten (10) working days of the outage.

Advertising Material

You shall collect advertising material submitted to OML immediately after publication if you require advertising material returned provided however, OML will not be responsible for any loss or damage to any advertising material submitted.

Assignment

You shall not assign your advertising space to any third party or place advertisements on behalf of third party advertisers.

Variation of Terms

We reserve the right to vary these terms and `conditions’ at any time without prior notice provided however, any variation will not affect prior agreed advertising orders and you may cease advertising with OML if you do not agree with the variations.