The website at subscribe.metromagazine.co.nz (Website) is owned and operated by Metro Media Group Ltd of 104/203 Karangaphape Rd, Newton, Auckland 1011 New Zealand (Metro, we, us or our).
We offer products (Products) and/or subscriptions to print and digital editions of Metro Magazine (Subscriptions) for sale on the Website on our own behalf.
ACCESSING THE WEBSITE
Registering an account
To place Orders and access certain other features on the Website, you must register for an account with us (Account). To register for an Account, you must follow the instructions on the Website and:
- declare that you are over 18 years of age or, if you are not 18 years of age, that you have parental consent to view the Website and/or purchase Products or Subscriptions; and
- have full power and authority to enter into and perform these Terms; and
- will provide true, accurate, current and complete information about yourself as prompted by any registration form on the Website, and will promptly notify us of any updates to that information such that it remains accurate, current and complete.
Restrictions on your use of the website
You must only use the Website for your personal, non-commercial use and in accordance with these Terms and any applicable law. In using the Website, you must not:
- breach any applicable law or infringe any third party’s rights;
- distribute any viruses, defects, worms, trojan horses, malicious code, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;
- disclose your password to any third party;
- collect or store personal information about other users of the Website;
- use the Website for any purpose or in any manner that is threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist or indecent;
- inhibit any other person from using or enjoying the Website;
- interfere or disrupt the security of the Website or our servers;
- remove any copyright, trade mark or other proprietary rights notices appearing on the Website;
- use the Website other than in accordance with these Terms; or
- attempt any of the above acts or permit another person to do any of the above acts.
- damage our reputation, or falsely suggest a connection between you and the Website or us; or
- represent or imply that any part of the Website is owned or controlled by any third party, and if we notify you that we object to the manner in which you link to the Website, you must immediately cease providing such links.
ORDERING AND PAYMENT
You may submit orders through the Website in accordance with these Terms (Orders). We may at our discretion accept or reject any Order. By placing an Order with us you are agreeing to purchase the designated Subscription and/or Product for the price specified at the time of Ordering (including any delivery or other charges and taxes). If you place an Order for a Product or Subscription we offer on the Website as agent for a Vendor:
- you acknowledge and agree that, such Products and Subscriptions are legally offered for sale by the Vendor and any contract for the purchase of those Products and Subscriptions is between you and the Vendor and that we will not be a party to that contract.
You must pay for each Order in full at the time of checkout, by one of the payment methods provided on the Website. We accept payment by credit card (Visa, Mastercard, American Express or Diner’s Club), Paypal, Website-provided Gift Cards and, where applicable for a Subscription, direct debit. You must comply with the terms of all relevant third-party payment providers. You must have sufficient funds or credit facilities to cover the full cost of each Order. We reserve the right to obtain validation of your payment details before fulfilling your Order, and carry out reasonable security checks from time to time. We are not responsible for and will not reimburse you for any charges, duties, fees or taxes that your financial services provider charges you for currency conversions or administration fees.
For Products that are owned by us, we will deliver to your designated shipping address. We will endeavour to deliver within the estimated timeframes listed below, however we cannot guarantee delivery times:
- to a shipping address in NZ: 3-5 business days; and
- to an international shipping address: 3-14 business days.
When you purchase a digital Subscription through the Website, we will send download and access instructions to your email address after purchase. If a digital Subscription becomes unavailable after you purchase it but before you are able to download it, you must notify us immediately. All digital Product or Subscriptions are provided only for your private, non-commercial use. You must not rent, lease, lend, sell, transfer or redistribute that content, or make it available over a network where it could be used by multiple users/devices at the same time. We do not guarantee that any digital content for any active subscription will remain available for more than one year after the date on which it is first made available to you. Accordingly, active subscriptions may not be able to re-download digital content that you have purchased after one year from the date on which it was first made available to you. We (and any other Vendor) may, at any time, modify digital content that has already been made available. This may occur, for example, where there is a legal obligation to do so. These terms, as they relate to purchases of Subscriptions, do not apply to digital subscriptions or single digital editions of magazines purchased through other applications or devices. For the terms applicable to those purchases, please refer to:
- Apple App Store Terms of Sale and Terms and Conditions;
- Google Play Store Terms and Conditions;
- Zinio Terms of Service;
- Amazon Kindle Magazines & Newspapers Terms and Conditions;
- Magzter Terms and Conditions; and
When a Product or Subscription promotion includes the provision of a free or bonus gift (Premium) then the following applies:
- Premiums are only available to New Zealand recipients;
- delivery of the Premium may take up to eight (8) weeks from the closing date of the relevant promotion, and it will be sent separately to the related Subscription;
- if the Product is being purchased for a Gift Recipient only you will receive the Premium and the Premium will be delivered to your address as provided to us;
- if that Premium is unavailable, we may in our discretion substitute the Premium with an alternative premium to an equivalent value or specification; and
- we are neither responsible nor liable for any damage caused to the Premium in transit.
Returns & Refunds
For Products and Subscriptions (excluding Gift Cards) that we own:
- if you have not received an item, you must notify us within six (6) weeks of the dispatch date recorded in your Account. After this time, no refund will be issued for that Order;
- where items are damaged or faulty upon receipt and do not meet consumer guarantees under The New Zealand Consumer Guarantees Act 1993, you are entitled to a full refund for the Product (excluding shipping), a replacement product which is identical or of similar value if reasonably available, and compensation for the drop in value of the Product;
- we are not obliged to provide a refund or replacement for a 'change of mind', but you may request such a refund or replacement via our Customer Service team. If we agree to your 'change of mind' request, you must return the relevant Product in its original condition and sealed packaging. Shipping and delivery costs will not be refunded for such requests. We do not provide returns or refunds in relation to digital Products or digital Subscriptions (where product has been delivered) when you have changed your mind;
- refunds will generally be paid to the original payment method. Where payment method was direct debit or cheque, or where the original credit card s no longer valid, a cheque payment will be issued. The cheque will be sent to the address nominated by you and may take up to three (3) weeks to arrive; and
- we may request to see your proof of purchase in relation to the matters set out in this clause 70.
You may cancel a Subscription by notice to us with your name, Order number, and details of the Subscription to be cancelled and your reason for cancelling. We will endeavour to action the cancellation within five (5) working days after receipt. Please note, due to delivery schedules, you may receive one further Subscription delivery after you cancel and you are required to pay for any such delivered product. Where a cancellation is in respect of a Subscription offered by us as agent for a Vendor, you should notify the relevant Vendor, following which we will have no further liability to you in respect of the Subscription. Where we are the Vendor, we will consider whether to provide you with a refund for the remaining undelivered issues of the Subscription where you have cancelled. Please note, timing and methods for provisions of refunds may vary according to each Vendor.
Closure of a Subscription title
In the event that a Subscription title ceases to be available, including where it is withdrawn by a publisher, we will endeavour to notify you and provide you with information on any alternative Subscriptions that may be of interest to you. If we notify you in accordance with clause 76, and we own the relevant Subscription:
- we may permit you to either migrate the remainder of your Subscription to another recommended title; or
- you may choose to cancel the remainder of your Subscription; in which case we will refund you the amounts you have already paid on a pro-rata basis.
WARRANTIES AND LIABILITY
Warranties & Liability
The New Zealand Consumer Guarantees Act 1993 (CGA) gives “consumers” certain rights which cannot be excluded, restricted, limited or modified. The following clauses 80 to 86 apply to the extent they cannot be excluded, restricted, limited or modified under the CGA. You expressly acknowledge and agree that your access to and use of the Website is at your sole risk and the Website is provided "as is" and "as available". We do not represent or warrant to you that:
- your access to and use of the Website will meet your requirements (and you acknowledge that you have relied upon your own experience, skill and judgement to evaluate the Website and that you are satisfied as to the suitability of the Website to meet your requirements); or
- your access to and use of the website will be uninterrupted, timely, secure or free from viruses or error.
- in relation to goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or
- in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
You indemnify, defend and hold harmless us and our affiliates, and our and our affiliates’ directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your use of the Website, any breach by you of any obligation or warranty in these Terms, your breach of or failure to comply with any laws or your misuse or infringement of any rights (including Intellectual Property Rights) of a third party.
INFORMATION ON THE WEBSITE
All information about any Subscription or Product is provided by the Vendor and (except where we own the relevant Subscription or Product) and we are not responsible for the accuracy of that information or liable for any errors or omissions in that information or any misuse of the information by you. You must not reprint or electronically reproduce the Website or any of its contents, in whole or in part, whether by automated or manual means (including through the use of any so-called robot, spider, scraper, extraction tool or similar technology) without our prior written consent. We may revoke any consent we grant under clause 91 at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice. The Website may contain links to websites operated by third parties or include advertising or promotional material provided by our advertisers. We are not responsible for, and do not endorse, the content or accuracy of any other sites linked to the Website or advertising or promotional material published on the Website. You should contact the relevant third party directly if you have any questions. In some instances, advertisements will contain offers which you accept by clicking through to an advertiser’s website. The advertiser is solely responsible for any such offer. The prices and product descriptions in respect of Products and Subscriptions offered by us on the Website as agent for Vendors are the sole responsibility of the relevant Vendor.
You acknowledge that the Website, the Products, the Subscriptions and other content placed on the Website by us and our users, and the underlying software and technologies used to operate the Website, may be subject to copyright, trade mark or other intellectual property rights (Intellectual Property Rights).
We grant you a non-exclusive, limited, non-transferable and revocable licence to access and use the Website solely for your own personal, non-commercial purposes. We may revoke the licence under this clause 96 at any time.
We (or our licensors) retain all right, title, and interest in and to the Website, and nothing in these Terms operates to transfer any Intellectual Property Rights to you or, except for the licence referred to above, authorise you to exercise any of the Intellectual Property Rights.
PRIVACY AND DATA
Collection and use of information
We provide no warranty in respect of the security measures on the Website and are not responsible for any misuse, loss or unauthorised access, modification or disclosure of information provided to us.
If any part of these Terms is:
- held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible; or
- inconsistent with any applicable law,