Terms & Conditions
Last updated: 3 May 2026.
These Terms govern your use of mangawhaidirectory.co.nz (“the Site”, operated by us, “Mangawhai Directory”), and any paid advertising you book with us. By using the Site or booking advertising, you agree to these Terms.
These Terms are split into two parts:
- Part A applies to everyone who visits or uses the Site.
- Part B applies in addition to Part A if you book paid advertising with us.
Part A — Site use (everyone)
About the directory
Mangawhai Directory is a community-focused listing of businesses operating in Mangawhai, Mangawhai Heads, Te Arai, Kaiwaka and surrounds. Listings are curated by us from publicly available sources (websites, NZBN, public social profiles, community knowledge) — not supplied by the businesses themselves unless explicitly noted.
No warranty as to accuracy
The information on the Site, including business names, descriptions, contact details, addresses, opening hours, prices, websites and links, is provided “as is” and “as available”. While we take reasonable care to keep it accurate, listings may be out of date, incomplete, or contain errors. Always verify details directly with the business before relying on them.
We do not guarantee that the Site will be available without interruption, error-free, or free from viruses or other harmful elements.
Third-party content and links
The Site references and links to third-party websites and services (e.g. each business’s own website, social-media pages, online ordering links). We do not control those sites and are not responsible for their content, products, services, accuracy, or availability. A link or listing is not an endorsement.
Not professional advice
The Site is provided for general information only and is not legal, financial, medical, or other professional advice. If you need advice, consult an appropriately qualified professional.
Trade marks and listed businesses
All trade marks, logos, and business names referenced on the Site are the property of their respective owners. We use them solely to identify the business in the directory. Their inclusion does not imply any affiliation, endorsement, partnership, or sponsorship by, or of, those owners.
Listing corrections, updates and takedowns
If you are connected to a business listed on the Site and want a listing corrected, updated, or removed, contact us via the contact page or email us. We aim to act on legitimate requests within 10 working days.
Intellectual property in the directory
We own (or license) the curation, structure, written content, photography, design, and code of the Site. You may view, print, and share pages for personal, non-commercial use. You must not scrape, republish, mass-extract, or redistribute the directory or any substantial part of it without our prior written consent.
Your statutory rights
Nothing in these Terms is intended to limit or exclude any rights you may have as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, where those rights cannot lawfully be excluded.
Liability (general visitors)
To the maximum extent permitted by law, and subject to your statutory rights above, we are not liable for any indirect, consequential, or special loss arising from your use of, or reliance on, information on the Site.
Part B — Advertising terms (paid advertisers)
This Part applies if you book a paid display-advertising slot with us. By placing an order or paying an invoice, you agree to these advertising terms in addition to Part A.
Definitions
- “Advertiser” means you, the business or person booking ad placement.
- “Material” means the creative artwork, copy, click-through URL, and any other content supplied for an advertisement.
- “Slot” means an advertising position on the Site (currently: Homepage tile or Category page header).
- “Subscription” means a monthly, prepaid placement of an advertisement in a Slot.
Booking, payment, and term
- Subscriptions are monthly and prepaid. Prices are listed on the advertise page and are exclusive of GST unless stated otherwise.
- We will issue an invoice on confirmation of your booking. The advertisement goes live once payment has cleared and Material has been approved.
- A Subscription continues month-to-month until either party gives written notice (email is fine) before the next billing cycle. Cancellation takes effect at the end of the paid month.
- Subscriptions are non-refundable for the current paid month except where required by law, or where we remove your advertisement for reasons outside your control (e.g. site restructure or technical failure on our side), in which case we may issue a pro-rata refund at our discretion.
Creative specifications and approval
- You must supply Material that meets the size, file format, and content guidelines on the advertise page, and the click-through URL must be accurate and active.
- We may, in our reasonable discretion, refuse to publish, request changes to, or remove any Material that:
- breaches the Advertising Standards Authority (ASA) Codes;
- is misleading, deceptive, defamatory, unlawful, or in breach of any third-party rights;
- is, in our reasonable view, contrary to our editorial standards or the local community character of the directory; or
- fails technically (e.g. broken click-through, malformed image).
- We will give you a reasonable opportunity to fix any issue before removing your Material, except where immediate removal is necessary (e.g. legal risk).
Advertiser warranties and indemnity
You warrant that:
- you own the Material or have all necessary rights and licences to publish it on the Site;
- the Material complies with the ASA Codes and all applicable New Zealand laws (including the Fair Trading Act 1986 and any sector-specific codes);
- the Material is not misleading, deceptive, defamatory, or in breach of any third party’s intellectual property, privacy, or other rights;
- the click-through destination is your own website or a website you are authorised to direct traffic to.
You indemnify us against any losses, claims, damages, costs and expenses (including reasonable legal costs) we incur as a result of any breach of these warranties — for example, a third party claiming your Material infringes their copyright, trade mark, or privacy rights, or that it is misleading.
No guarantee of results
We do not represent, warrant, or guarantee any minimum number of impressions, page views, clicks, click-through rate, leads, enquiries, conversions, sales, traffic uplift, search-engine ranking, brand uplift, or any other commercial outcome from your advertisement. Performance depends on factors outside our control (the strength of your creative, market conditions, season, and the visiting audience). The Site is supplied on a reasonable-endeavours basis only.
We do not guarantee continuous, uninterrupted, or error-free display. Planned and unplanned downtime, slow loading, and technical issues may affect ad delivery from time to time.
Email communications
By becoming an Advertiser, you consent to us sending you operational, billing, renewal, and reasonable service-related emails (these are not “commercial electronic messages” requiring further consent under the Unsolicited Electronic Messages Act 2007). You can unsubscribe from any non-essential marketing email at any time.
Intellectual property — Material
You retain ownership of your Material. You grant us a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, resize, format, and display the Material on the Site (and in reasonable archival copies) for the duration of your Subscription, plus a short tail for record-keeping.
Limitation of liability (advertisers)
To the maximum extent permitted by law:
- our total aggregate liability to you for all claims under or in connection with your Subscription, in any 12-month period, is limited to the total fees you have paid us in the 12 months immediately preceding the event giving rise to the claim;
- we are not liable for any indirect, consequential, or special loss, including loss of profits, revenue, business, goodwill, anticipated savings, opportunity, or data.
These limits do not apply to liability that cannot be excluded or limited by law (such as liability for fraud, wilful default, or personal injury caused by negligence).
Contracting out (B2B)
The parties acknowledge that advertising under these Terms is supplied and acquired in trade, that both parties are in trade, that the Subscription has a written record (these Terms together with our invoice and email confirmations), and that it is fair and reasonable that:
- sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply between us, in accordance with section 5D of that Act; and
- the Consumer Guarantees Act 1993 does not apply between us, in accordance with section 43 of that Act.
This contracting-out applies only to the relationship between us and an Advertiser in trade. It does not affect any rights of ordinary site visitors who are consumers (see Part A).
Termination by us
We may suspend or terminate your Subscription with immediate effect by notice to you if:
- you materially breach these Terms (including your warranties above) and do not remedy the breach within 7 days of being asked;
- you become insolvent, enter liquidation, or are unable to pay your debts as they fall due; or
- continuing the Subscription would, in our reasonable view, expose us to legal, regulatory, or reputational risk.
Where we terminate for one of these reasons, fees paid for the current month are non-refundable.
General terms (apply to both parts)
Privacy
How we handle personal information is set out in our Privacy Policy.
Changes to these Terms
We may update these Terms from time to time. The “Last updated” date above shows the current version. For Advertisers, we will give reasonable advance notice (by email) of any change that materially affects your rights or obligations before the next billing cycle.
Governing law and jurisdiction
These Terms are governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the New Zealand courts. Claims within the jurisdictional limit may also be brought in the Disputes Tribunal of New Zealand.
Disputes
If a dispute arises, please contact us first. We will respond within 20 working days and will work in good faith to resolve the issue. If we cannot resolve it, either party may refer the matter to the Disputes Tribunal, the District Court, or the High Court (as appropriate).
General
- Severability: If any part of these Terms is found unenforceable, the rest continues in effect.
- No waiver: A delay or failure to enforce a right is not a waiver of it.
- Assignment: You cannot assign your rights without our written consent. We may assign our rights, including in connection with a sale of the directory.
- Entire agreement: These Terms, together with the Privacy Policy and any invoice or order confirmation, are the entire agreement between us.
Contact
Contact us for any question about these Terms.