NZ SPHERE
TERMS & CONDITIONS
Last updated: 22 October 2026
IMPORTANT INFORMATION
These Terms & Conditions constitute a legally binding agreement governing access to and use of the NZ SPHERE website, digital advertising platform, business directory, associated services, and the purchase and use of advertising spaces.
By accessing or using NZ SPHERE, creating or claiming a business listing, submitting information, or purchasing advertising space, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions to the extent applicable to your activities.
If you do not agree with these Terms & Conditions, you must not purchase advertising space or use the platform in a manner requiring acceptance of these terms.
Nothing in these Terms & Conditions excludes, restricts, or modifies any rights, remedies, guarantees, or obligations that cannot lawfully be excluded, restricted, or modified under New Zealand law.
1. DEFINITIONS AND INTERPRETATION
For the purposes of these Terms & Conditions:
“NZ SPHERE”, “we”, “us”, or “our” refers to the operator of the NZ SPHERE digital advertising platform, identified in the business information published on the website.
“Platform” means the NZ SPHERE website, interactive digital sphere, business directory, advertising infrastructure, associated software, databases, applications, interfaces, and related services.
“Advertising Space” means a designated digital advertising allocation made available for purchase through NZ SPHERE.
“Purchaser” or “Advertiser” means any individual, business, organisation, or authorised representative purchasing or managing advertising space.
“User” means any person accessing, browsing, searching, interacting with, or otherwise using NZ SPHERE.
“Business Listing” means information associated with a business or organisation displayed or indexed through NZ SPHERE.
“Advertising Content” means business names, logos, descriptions, images, links, trademarks, promotional materials, and any other information submitted or authorised for publication.
“Advertising Term” means the period during which a purchased advertising space is allocated and available for advertising purposes.
“Activation Date” means the date on which NZ SPHERE confirms that the purchased advertising space has been allocated and made available for use.
“Third-Party Services” means external software, payment processors, hosting providers, website services, infrastructure providers, and other independent services used in connection with the Platform.
References to legislation include amendments, replacements, and applicable regulations.
Headings are included for convenience and do not affect interpretation.
2. ABOUT NZ SPHERE
2.1. NZ SPHERE is an independent digital advertising and business discovery platform designed to provide businesses and organisations with an alternative means of establishing an online advertising presence.
2.2. The Platform incorporates an interactive digital sphere, business information, searchable listings, advertising allocations, and associated digital features.
2.3. NZ SPHERE currently operates around a planned inventory of 20,736 individual advertising spaces.
2.4. Advertising spaces constitute digital advertising allocations only.
2.5. Purchasing advertising space does not convey ownership of any software, intellectual property, physical property, domain name, database, or underlying infrastructure.
2.6. NZ SPHERE retains ownership and operational control of the Platform, including its design, structure, technology, advertising allocation systems, and technical infrastructure.
2.7. NZ SPHERE may introduce additional services, functionality, advertising categories, display systems, or commercial opportunities as the Platform develops.
2.8. NZ SPHERE operates independently of businesses appearing within its directory unless an affiliation is expressly disclosed.
3. ELIGIBILITY AND AUTHORITY
3.1. Purchasers must be at least 18 years old and legally capable of entering into binding agreements.
3.2. Where a purchase is made on behalf of a business or organisation, the purchaser confirms that they have the necessary authority to enter into the transaction.
3.3. The person completing the purchase represents that all information provided is accurate and that the transaction is authorised.
3.4. NZ SPHERE may request reasonable information to verify business identity, ownership, authorisation, or entitlement to use particular advertising material.
3.5. NZ SPHERE may decline or suspend a transaction where there are reasonable grounds to suspect fraud, impersonation, unlawful activity, or unauthorised representation.
3.6. NZ SPHERE is not obliged to accept a business listing merely because an individual claims to represent the business.
4. ADVERTISING SPACES AND PURCHASE RIGHTS
4.1. NZ SPHERE offers advertising spaces for purchase at the price displayed at checkout.
4.2. The standard advertised price is currently NZ$20 per advertising space for a 12-month term, unless a different price or advertising product is expressly offered.
4.3. The total purchase price, including any applicable taxes and charges, will be disclosed before payment confirmation.
4.4. Purchasing an advertising space grants the purchaser a limited, non-exclusive, non-transferable contractual right to use the allocated digital advertising space during the applicable Advertising Term, subject to these Terms & Conditions.
4.5. Each purchased space may be associated with an approved business listing or advertising display in accordance with the Platform’s available functionality.
4.6. Purchasing multiple spaces does not automatically entitle a purchaser to additional business listings, enhanced functionality, increased ranking, or premium positioning unless expressly included in the purchase.
4.7. Advertising spaces do not provide exclusive rights over an industry, geographic area, customer category, search term, or business sector unless NZ SPHERE expressly agrees otherwise in writing.
4.8. The purchase of advertising space does not create any partnership, franchise, agency, employment relationship, joint venture, or ownership interest between NZ SPHERE and the purchaser.
4.9. Purchasers may not independently resell, sublicense, transfer, or commercially exploit allocated advertising spaces without prior written approval from NZ SPHERE.
4.10. Advertising allocations are subject to availability, successful payment, verification where required, and compliance with these Terms & Conditions.
5. ALLOCATION, POSITIONING AND DISPLAY
5.1. NZ SPHERE determines the technical allocation and display of advertising spaces.
5.2. Advertising spaces may be identified by unique allocation numbers, identifiers, database records, or other technical references.
5.3. Unless a particular position or placement is expressly guaranteed as part of the purchased product, a space allocation does not guarantee a fixed visual position, viewing angle, screen location, or degree of prominence.
5.4. The position or visibility of an advertising display may vary according to:
Device type and screen dimensions.
User interaction and sphere rotation.
Search queries and filtering.
Platform design and functionality.
Technical performance requirements.
Future software improvements.
Accessibility and compatibility considerations.
5.5. NZ SPHERE may make reasonable adjustments to the visual presentation of advertising spaces where necessary for maintenance, security, technical operation, or Platform improvements.
5.6. Any such adjustment must not materially deprive a purchaser of the advertising service expressly purchased.
5.7. Where a specific premium placement is expressly included in a purchase, NZ SPHERE will honour the agreed placement terms or provide an appropriate remedy where it cannot do so.
5.8. NZ SPHERE does not guarantee that every advertising space will be visible simultaneously to every visitor.
5.9. Allocation of a particular space does not guarantee that the advertisement will appear within external search engine results.
5.10. NZ SPHERE will not knowingly allocate the same exclusive advertising-space entitlement to multiple unrelated purchasers for overlapping periods.
6. ADVERTISING DURATION AND EXPIRY
6.1. Unless expressly stated otherwise, advertising spaces are purchased for a period of 12 months.
6.2. The Advertising Term commences on the Activation Date.
6.3. NZ SPHERE will confirm the allocation and activation of purchased advertising spaces through its applicable confirmation process.
6.4. Where a purchaser has not provided the information reasonably required to complete their listing, the Advertising Term may nevertheless commence once the purchased space has been allocated and made available for use, provided this has been clearly communicated to the purchaser.
6.5. NZ SPHERE will make reasonable efforts to activate purchased advertising spaces promptly following successful payment and receipt of any necessary information.
6.6. If NZ SPHERE cannot provide the purchased advertising service within a reasonable period, the purchaser may be entitled to cancellation, refund, or another appropriate remedy in accordance with applicable law and the Refund Policy.
6.7. At the end of the Advertising Term, the right to occupy the purchased space expires unless renewed.
6.8. Following expiry, NZ SPHERE may deactivate the associated advertising allocation and make that space available to another purchaser.
6.9. Unless a separate automatic-renewal arrangement has been expressly disclosed and accepted, advertising spaces will not automatically renew or generate further charges.
6.10. Renewal prices will be those disclosed to the purchaser at the time of renewal.
6.11. An expired advertising allocation does not confer an automatic right to reclaim the same space.
6.12. Expiry of a paid advertising allocation does not necessarily require removal of an otherwise eligible business-directory listing.
7. BUSINESS INFORMATION AND ACCURACY
7.1. Purchasers are responsible for providing accurate, lawful, current, and complete information.
7.2. This includes information such as:
Business names and trading names.
Contact information.
Business locations.
Industry classifications.
Websites and external links.
Business descriptions.
Logos and advertising imagery.
Claims concerning products or services.
Other information submitted for publication.
7.3. Purchasers must not knowingly submit false, misleading, fraudulent, defamatory, or deceptive information.
7.4. Purchasers must not falsely represent ownership of, affiliation with, or authority to act for another business.
7.5. Purchasers are responsible for ensuring that their business information remains reasonably current throughout their Advertising Term.
7.6. NZ SPHERE may request verification or supporting information where reasonably necessary.
7.7. NZ SPHERE may correct obvious errors, standardise formatting, or request amendments where necessary to maintain directory accuracy.
7.8. NZ SPHERE does not independently guarantee the accuracy, completeness, financial standing, licensing, quality, or legitimacy of every business appearing on the Platform.
7.9. Publication of a business listing does not constitute an endorsement, accreditation, certification, or recommendation by NZ SPHERE.
8. BUSINESS DIRECTORY AND INDEXED LISTINGS
8.1. NZ SPHERE may maintain a searchable directory containing information about New Zealand businesses and organisations.
8.2. Directory information may include publicly available business details, information supplied by businesses, or information obtained through other lawful means.
8.3. NZ SPHERE will comply with applicable privacy, intellectual property, and other legal requirements when collecting, using, and publishing information.
8.4. A business appearing within the directory is not necessarily a paying advertiser.
8.5. An indexed business listing does not automatically indicate that the business has registered with, endorsed, partnered with, or purchased advertising from NZ SPHERE.
8.6. NZ SPHERE may distinguish between indexed listings, claimed listings, verified listings, and paid advertising allocations.
8.7. Where a business seeks to claim or manage an existing listing, NZ SPHERE may require reasonable evidence of authority.
8.8. NZ SPHERE may refuse an unauthorised claim or suspend a disputed claim pending verification.
8.9. Business owners or authorised representatives may contact NZ SPHERE to request correction of inaccurate information or raise a legitimate concern about a listing.
8.10. Such requests will be assessed reasonably and in accordance with applicable law.
8.11. NZ SPHERE may update, consolidate, remove, or correct directory records where reasonably necessary to maintain the integrity of the Platform.
8.12. NZ SPHERE does not guarantee that every New Zealand business will appear within the directory.
9. ADVERTISING CONTENT AND ACCEPTABLE USE
9.1. All advertising material must comply with applicable New Zealand laws and advertising standards.
9.2. Purchasers must not submit, publish, or link to material that:
a. Is unlawful, fraudulent, or deliberately misleading.
b. Infringes another party’s intellectual property rights.
c. Is defamatory or unlawfully discriminatory.
d. Contains malicious software or harmful code.
e. Promotes scams, impersonation, or deceptive financial activities.
f. Encourages unlawful conduct.
g. Contains unlawfully threatening, harassing, or abusive material.
h. Misrepresents licences, qualifications, accreditation, or business affiliations.
i. Violates applicable privacy or confidentiality obligations.
j. Otherwise creates a material legal, security, or reputational risk to the Platform.
9.3. NZ SPHERE may review advertising material before or after publication.
9.4. NZ SPHERE may request reasonable amendments to advertising content that does not comply with these Terms & Conditions.
9.5. NZ SPHERE may reject, temporarily suspend, or remove non-compliant advertising material where reasonably necessary.
9.6. Where practical and appropriate, NZ SPHERE will notify the purchaser of the relevant concern and provide a reasonable opportunity to remedy it.
9.7. Immediate action may be taken where reasonably necessary to address suspected fraud, unlawful material, security threats, intellectual property infringement, or serious harm.
9.8. NZ SPHERE is not required to continue displaying material where doing so would breach applicable law.
9.9. NZ SPHERE’s decision to accept or display advertising material does not relieve the purchaser of responsibility for that material.
10. PAYMENTS AND TRANSACTION PROCESSING
10.1. All purchases must be completed through an authorised payment method made available by NZ SPHERE.
10.2. Payments may be processed by independent third-party payment providers.
10.3. NZ SPHERE does not require customers to provide full payment card details directly to NZ SPHERE where those details are handled by the authorised payment provider.
10.4. Transactions are subject to the payment provider’s applicable terms, security processes, and verification requirements.
10.5. A submitted order does not guarantee allocation until payment has been successfully processed and the purchase has been accepted.
10.6. NZ SPHERE may reject or cancel a transaction where:
a. Payment is declined or cannot be verified.
b. The requested advertising space is unavailable.
c. The transaction contains an obvious pricing or technical error.
d. There are reasonable grounds to suspect fraud or unauthorised activity.
e. The purchaser fails to satisfy reasonable verification requirements.
f. Acceptance would breach applicable law.
10.7. Where payment has been received but NZ SPHERE cannot fulfil an order, the purchaser will receive an appropriate refund or other agreed remedy.
10.8. NZ SPHERE may maintain reasonable transaction, payment-reference, allocation, accounting, and reconciliation records.
10.9. Purchasers must not knowingly initiate fraudulent payment disputes, submit false chargeback claims, or misuse payment systems.
10.10. Nothing in these Terms & Conditions restricts a purchaser’s legitimate right to dispute an unauthorised or incorrectly processed transaction through their payment provider.
10.11. If a transaction is reversed or invalidated, NZ SPHERE may suspend the affected advertising allocation while the payment status is investigated.
10.12. Any payment or allocation discrepancy will be assessed using available transaction records and supporting evidence.
11. PRICING AND FUTURE COMMERCIAL CHANGES
11.1. NZ SPHERE may change prices for future advertising purchases.
11.2. Price changes will not retrospectively increase the amount payable for an existing, fully paid Advertising Term.
11.3. Different prices may apply to future products, premium placements, promotional offers, or additional advertising services.
11.4. The price and principal features of any premium advertising product will be disclosed before purchase.
11.5. NZ SPHERE may introduce, modify, or discontinue promotional offers.
11.6. Promotional offers may be subject to reasonable eligibility conditions, availability, and disclosed expiry dates.
11.7. NZ SPHERE is not obliged to extend a promotional price to purchases made outside the relevant promotional period.
11.8. Additional services will not automatically create additional payment obligations without the purchaser’s agreement.
12. REFUNDS, CANCELLATIONS AND REMEDIES
12.1. Refund requests will be assessed in accordance with the NZ SPHERE Refund Policy, these Terms & Conditions, and applicable New Zealand law.
12.2. A purchaser who changes their mind after purchasing an advertising space is not automatically entitled to a refund, unless the published Refund Policy, an express agreement, or applicable law provides otherwise.
12.3. Circumstances that may justify a refund or other remedy include:
a. Duplicate payment caused by an identifiable transaction error.
b. Payment for an advertising space that cannot be supplied.
c. Failure to provide the purchased service where a refund is required by law or contract.
d. A material service failure for which a refund or other remedy is legally required.
e. Another circumstance expressly covered by the NZ SPHERE Refund Policy.
12.4. NZ SPHERE may request reasonable evidence to investigate a refund claim.
12.5. Approved refunds will ordinarily be returned through the original payment method where practicable.
12.6. A refund may result in cancellation or deactivation of the associated advertising allocation.
12.7. Where only part of a multi-space order is affected, the refund or remedy may be limited to the affected portion, where lawful and appropriate.
12.8. Where NZ SPHERE terminates a paid advertising service for its own convenience and without purchaser fault, it will provide an appropriate refund for the unused prepaid portion of the affected service.
12.9. Suspension or termination resulting from a purchaser’s material breach does not automatically create a right to a refund, subject always to applicable law and the circumstances of the breach.
12.10. Nothing in this section excludes statutory remedies or rights that cannot legally be limited.
13. INTELLECTUAL PROPERTY
13.1. NZ SPHERE retains all rights, title, and interests in its original intellectual property, subject to any rights held by third-party licensors.
13.2. This includes, where applicable:
The NZ SPHERE name and original branding.
Website design and visual presentation.
The interactive sphere and its original implementation.
Original software and source code.
Database structures and advertising allocation systems.
Original graphics, animations, and interface elements.
Original written content.
Proprietary processes and technical systems.
Other original intellectual property developed for the Platform.
13.3. No intellectual property rights are transferred to a user or purchaser except where expressly agreed in writing.
13.4. Users must not reproduce, distribute, sell, modify, commercially exploit, or create unauthorised derivative works from protected NZ SPHERE material.
13.5. Users must not attempt to obtain unauthorised access to proprietary systems, source code, databases, administrative functions, or protected infrastructure.
13.6. Nothing in these Terms & Conditions restricts lawful activities expressly permitted by applicable legislation.
13.7. Third-party trademarks, imagery, business names, and other protected materials remain the property of their respective owners.
14. ADVERTISER INTELLECTUAL PROPERTY AND LICENSING
14.1. Purchasers retain ownership of their business names, logos, trademarks, imagery, and other advertising materials.
14.2. By submitting advertising content, purchasers grant NZ SPHERE a non-exclusive, royalty-free licence to host, reproduce, format, resize, display, distribute, and technically process that material as reasonably necessary to provide the purchased advertising service.
14.3. This licence also permits NZ SPHERE to display submitted business materials in connection with promoting the relevant listing and demonstrating the NZ SPHERE Platform, provided such use does not falsely suggest an endorsement, sponsorship, or affiliation beyond the actual relationship.
14.4. The licence includes reasonable technical reproduction through hosting providers, content-delivery services, backups, caching, and other service providers acting on behalf of NZ SPHERE.
14.5. Purchasers confirm that they possess the necessary rights and permissions to grant this licence.
14.6. Purchasers must not knowingly submit third-party intellectual property without the necessary authority.
14.7. NZ SPHERE may remove material where a credible infringement concern is raised and removal is reasonably necessary while the matter is investigated.
14.8. The licence relating to paid advertising content will ordinarily end when the relevant advertising relationship ends, except to the extent necessary for lawful recordkeeping, dispute resolution, technical backup retention, or another separately authorised purpose.
14.9. Information lawfully included in an independent business-directory listing may remain subject to the separate directory and privacy provisions of these Terms & Conditions.
15. PLATFORM SECURITY AND PROHIBITED ACTIVITIES
15.1. NZ SPHERE may implement reasonable technical and organisational measures designed to protect its systems, business information, payment processes, and advertising allocations.
15.2. Users must not intentionally:
a. Attempt unauthorised access to systems or databases.
b. Circumvent authentication, authorisation, or security controls.
c. Interfere with payment or advertising allocation processes.
d. Manipulate purchase confirmations or transaction records.
e. Introduce malware, malicious scripts, or harmful code.
f. Conduct denial-of-service attacks or deliberately overload infrastructure.
g. Use automated tools to scrape, harvest, or extract substantial portions of the Platform’s data without authorisation or another lawful basis.
h. Attempt to manipulate rankings, allocations, visitor statistics, or other Platform functions through fraudulent activity.
i. Interfere with another purchaser’s advertising entitlement.
j. Use the Platform to facilitate unlawful or fraudulent conduct.
15.3. NZ SPHERE may restrict access where reasonably necessary to investigate or prevent suspected security incidents.
15.4. NZ SPHERE may retain appropriate technical records for legitimate security, fraud prevention, troubleshooting, and legal purposes, subject to applicable privacy law.
15.5. Serious incidents may be reported to relevant authorities where required or permitted by law.
15.6. NZ SPHERE may cooperate with lawful requests from competent authorities.
16. AVAILABILITY, MAINTENANCE AND TECHNICAL PERFORMANCE
16.1. NZ SPHERE will use reasonable care and skill in providing its services, subject to applicable legal obligations.
16.2. The Platform depends on internet connectivity, hosting systems, third-party infrastructure, software, databases, and other technical services.
16.3. NZ SPHERE does not guarantee uninterrupted, continuous, or error-free availability.
16.4. Temporary interruptions may occur due to:
Scheduled maintenance.
Software upgrades.
Security updates.
Network failures.
Hosting or infrastructure outages.
Payment-service interruptions.
Technical faults.
Cybersecurity incidents.
Circumstances outside NZ SPHERE’s reasonable control.
16.5. NZ SPHERE will take reasonable steps to investigate and address material service disruptions within its control.
16.6. NZ SPHERE may temporarily restrict access where reasonably necessary to protect users, advertisers, infrastructure, or data.
16.7. Minor interruptions or routine maintenance do not automatically entitle purchasers to compensation.
16.8. Where a substantial interruption materially affects a paid advertising service, NZ SPHERE will assess appropriate remedies in accordance with the circumstances, the Refund Policy, and applicable law.
16.9. Nothing in this section removes any obligation to supply services with reasonable care and skill where that obligation applies.
17. ADVERTISING PERFORMANCE AND COMMERCIAL RESULTS
17.1. NZ SPHERE provides digital advertising opportunities and business discovery functionality.
17.2. NZ SPHERE does not guarantee any particular commercial outcome from purchasing advertising space.
17.3. Unless expressly agreed in writing, NZ SPHERE makes no guarantee concerning:
a. Website visitor numbers.
b. Advertising impressions.
c. Search rankings.
d. Search engine indexing.
e. Customer enquiries.
f. Website referrals.
g. Sales or revenue.
h. Customer acquisition.
i. Business growth.
j. Return on advertising expenditure.
k. Public recognition or brand awareness.
17.4. Advertising performance may be affected by factors outside NZ SPHERE’s control, including consumer behaviour, market conditions, competition, advertiser content, external search engines, and technological changes.
17.5. Purchasers acknowledge that advertising involves commercial uncertainty.
17.6. Where NZ SPHERE expressly represents that a particular advertising feature, placement, or measurable service will be provided, it remains responsible for those representations and its applicable contractual and legal obligations.
17.7. Promotional statements must not be interpreted as guarantees of financial results unless an express guarantee is clearly provided.
17.8. NZ SPHERE does not provide financial, investment, or business-performance advice merely by offering advertising space.
18. THIRD-PARTY WEBSITES AND SERVICES
18.1. NZ SPHERE may display links directing users to independently operated websites or services.
18.2. Such websites remain under the control of their respective operators.
18.3. NZ SPHERE does not control or routinely verify all external content.
18.4. The inclusion of a link does not automatically constitute an endorsement or recommendation.
18.5. NZ SPHERE is not responsible for third-party websites’ independent representations, business practices, privacy policies, security arrangements, or service availability, except to the extent responsibility arises under applicable law.
18.6. Users access external websites at their own discretion and should review the applicable terms and privacy practices.
18.7. Purchasers are responsible for ensuring that websites linked to their advertisements are lawful and appropriately maintained.
18.8. NZ SPHERE may remove or disable links that reasonably appear malicious, fraudulent, unlawful, or materially harmful.
19. PLATFORM DEVELOPMENT AND FUTURE MODIFICATIONS
19.1. NZ SPHERE is an evolving digital platform.
19.2. NZ SPHERE may introduce updates, enhancements, redesigns, performance improvements, and additional functionality.
19.3. Such developments may include changes to:
Visual presentation.
Search functionality.
Business-directory features.
Advertising display technology.
User interfaces.
Software architecture.
Security infrastructure.
Advertising products.
Available integrations.
19.4. NZ SPHERE retains discretion over its future product development and commercial strategy.
19.5. NZ SPHERE will not intentionally remove a material feature expressly included in an existing paid advertising agreement without providing an appropriate alternative or remedy.
19.6. Reasonable technical changes that preserve the substance of a purchased advertising service may be implemented without individual purchaser approval.
19.7. Material changes adversely affecting existing paid entitlements will be communicated where reasonably practicable.
19.8. Nothing in these Terms & Conditions guarantees that particular optional features will remain available indefinitely.
20. SUSPENSION AND TERMINATION
20.1. NZ SPHERE may suspend or terminate access to the Platform or an advertising service where there are reasonable grounds to believe that:
a. These Terms & Conditions have been materially breached.
b. Fraudulent or unauthorised activity has occurred.
c. Advertising content is unlawful.
d. Intellectual property rights are being infringed.
e. A payment has been fraudulently obtained or subsequently invalidated.
f. Continued access presents a material security risk.
g. Suspension or termination is required by law.
20.2. Except where immediate action is reasonably necessary, NZ SPHERE will endeavour to notify affected purchasers and provide a reasonable opportunity to address remediable breaches.
20.3. Suspension will be proportionate to the relevant concern where reasonably practicable.
20.4. NZ SPHERE may restore access following satisfactory resolution of the issue.
20.5. Termination does not eliminate payment obligations or legal liabilities that arose before termination.
20.6. Termination does not affect rights or remedies that must survive under applicable law.
20.7. Any refund following termination will be determined in accordance with these Terms & Conditions, the Refund Policy, and applicable law.
21. WARRANTIES AND DISCLAIMERS
21.1. NZ SPHERE makes reasonable efforts to operate the Platform professionally, securely, and reliably.
21.2. Except for express commitments and guarantees that apply by law, NZ SPHERE does not warrant that the Platform will:
a. Operate continuously without interruption.
b. Be compatible with every device or browser.
c. Be entirely free from technical defects.
d. Remain unaffected by external infrastructure failures.
e. Produce particular advertising or commercial outcomes.
f. Prevent every conceivable cybersecurity threat.
21.3. No internet-based service can guarantee absolute security.
21.4. NZ SPHERE does not warrant the independent accuracy or reliability of all third-party business information appearing within its directory.
21.5. These disclaimers apply only to the extent permitted by law and do not override any express contractual obligation or non-excludable statutory right.
22. LIMITATION OF LIABILITY
22.1. Nothing in these Terms & Conditions excludes or limits liability where doing so would be unlawful.
22.2. Subject to clause 22.1, NZ SPHERE will not be liable for losses caused solely by events beyond its reasonable control where it has otherwise complied with its legal and contractual obligations.
22.3. To the extent permitted by law, NZ SPHERE excludes liability for indirect or consequential commercial losses arising from use of the Platform, including lost profits, lost business opportunities, or anticipated revenue, except where such liability cannot legally be excluded.
22.4. NZ SPHERE is not responsible for loss arising solely from inaccurate material supplied by a purchaser, unauthorised actions of an independent third party, or a purchaser’s own breach of these Terms & Conditions, except to the extent NZ SPHERE is legally responsible.
22.5. Where legally permitted, NZ SPHERE’s aggregate contractual liability arising from a particular advertising purchase will be limited to the greater of:
a. The total fees paid for the affected advertising services during the preceding 12 months; or
b. NZ$100.
22.6. The limitation in clause 22.5 does not apply to liability arising from fraud, deliberate misconduct, or any obligation or remedy that cannot lawfully be restricted.
22.7. This section must be interpreted reasonably and consistently with applicable New Zealand legislation governing unfair contract terms and enforceable contractual limitations.
22.8. The parties acknowledge that the limitations in this section reflect the nature, pricing, and scope of the advertising services offered.
23. PURCHASER RESPONSIBILITY AND INDEMNIFICATION
23.1. Purchasers are responsible for advertising materials they submit or authorise for publication.
23.2. Where permitted by law, a purchaser agrees to indemnify NZ SPHERE against reasonable, direct, and substantiated losses, liabilities, and third-party claims to the extent directly caused by:
a. The purchaser’s deliberate submission of unlawful advertising material.
b. The purchaser’s infringement of another party’s intellectual property rights.
c. Fraudulent transactions knowingly initiated by the purchaser.
d. Deliberate misuse of the Platform.
e. A material breach of these Terms & Conditions that causes a third-party claim.
23.3. This indemnity does not apply to losses caused by NZ SPHERE’s own negligence, unlawful conduct, or breach of its obligations.
23.4. NZ SPHERE must take reasonable steps to mitigate losses.
23.5. Where reasonably practicable, NZ SPHERE will promptly notify the purchaser of a relevant third-party claim and provide a reasonable opportunity to participate in its defence or resolution.
23.6. NZ SPHERE must not recover compensation twice for the same loss.
24. PRIVACY AND PERSONAL INFORMATION
24.1. NZ SPHERE respects the privacy of individuals and is committed to complying with applicable New Zealand privacy legislation.
24.2. Personal information will be collected, used, stored, disclosed, and retained in accordance with the NZ SPHERE Privacy Policy and applicable law.
24.3. Information submitted for inclusion in a public business listing may be displayed publicly where lawful and appropriately authorised.
24.4. Information displayed publicly may be accessible to visitors, search engines, and other third parties.
24.5. Purchasers must ensure that they have an appropriate legal basis for submitting personal information relating to other individuals.
24.6. NZ SPHERE may use third-party service providers for hosting, database management, communications, payment processing, and other legitimate operational purposes.
24.7. Users may contact NZ SPHERE regarding privacy concerns, access requests, or requests to correct personal information.
24.8. The NZ SPHERE Privacy Policy provides further information concerning the handling of personal information.
25. COMMUNICATIONS AND ELECTRONIC NOTICES
25.1. Purchasers agree that NZ SPHERE may communicate electronically regarding their transactions and advertising services.
25.2. Such communications may include:
a. Purchase confirmations.
b. Payment notifications.
c. Advertising allocation information.
d. Verification requests.
e. Service updates.
f. Security notices.
g. Renewal information.
h. Changes to relevant contractual terms.
25.3. Purchasers are responsible for providing a valid contact email address and notifying NZ SPHERE of relevant changes.
25.4. NZ SPHERE may send service-related notices to the contact address associated with the relevant transaction.
25.5. Marketing communications will be sent only where permitted by applicable law.
25.6. Where required, marketing communications will include appropriate identification and unsubscribe functionality.
26. COMPLAINTS AND DISPUTE RESOLUTION
26.1. NZ SPHERE aims to resolve legitimate complaints fairly and promptly.
26.2. Purchasers should initially contact NZ SPHERE using the official contact details published on the website.
26.3. Complaints should include sufficient information to identify the relevant transaction and explain the concern.
26.4. NZ SPHERE may request reasonable additional information to investigate a complaint.
26.5. The parties agree to make reasonable efforts to resolve contractual disputes through good-faith communication before commencing formal legal proceedings, where appropriate.
26.6. If a dispute cannot be resolved directly, either party may consider mediation or another appropriate dispute-resolution process.
26.7. Nothing in this section prevents a party from seeking urgent legal relief, exercising statutory rights, or approaching a competent court, tribunal, or regulator.
27. EVENTS BEYOND REASONABLE CONTROL
27.1. NZ SPHERE will not be responsible for a delay or failure to perform a contractual obligation to the extent directly caused by an event beyond its reasonable control, provided reasonable steps are taken to reduce the consequences.
27.2. Such events may include:
Natural disasters.
Major infrastructure failures.
Widespread internet outages.
Government restrictions.
War or civil emergencies.
Significant third-party service disruptions.
Other extraordinary events beyond reasonable control.
27.3. NZ SPHERE will take reasonable steps to restore affected services when practicable.
27.4. Where an event results in prolonged inability to provide a material part of a paid advertising service, the purchaser may request an appropriate remedy or termination.
27.5. If the affected service cannot reasonably be restored within 30 days, either party may terminate the affected advertising arrangement, with a proportionate refund of the unused prepaid service period where appropriate and required under the circumstances.
27.6. This section does not excuse a failure to take reasonable precautions or fulfil non-excludable legal obligations.
28. AMENDMENTS TO THESE TERMS & CONDITIONS
28.1. NZ SPHERE may amend these Terms & Conditions to reflect legal developments, technological changes, security requirements, operational improvements, or changes to its services.
28.2. Updated Terms & Conditions will be published on the website with a revised date.
28.3. Material changes affecting existing purchasers will be communicated through reasonable means.
28.4. Where reasonably practicable, NZ SPHERE will provide at least 14 days’ notice of material contractual changes that adversely affect existing purchasers.
28.5. Changes required urgently for legal compliance or security may take effect sooner where reasonably necessary.
28.6. NZ SPHERE will not retrospectively impose additional charges on a completed purchase without the purchaser’s agreement.
28.7. Material changes that substantially reduce an existing paid advertising entitlement will not be imposed without an appropriate remedy or the purchaser’s agreement.
28.8. The Terms & Conditions applicable when an advertising purchase is accepted will continue to govern that purchase unless lawfully amended.
28.9. Continued use of the Platform following the effective date of updated website-use terms constitutes acceptance of those terms where legally appropriate and where users have received sufficient notice.
29. CONSUMER PROTECTION AND STATUTORY RIGHTS
29.1. These Terms & Conditions are intended to comply with applicable New Zealand law.
29.2. Relevant legislation may include:
a. The Fair Trading Act 1986.
b. The Consumer Guarantees Act 1993.
c. The Privacy Act 2020.
d. The Contract and Commercial Law Act 2017.
e. The Unsolicited Electronic Messages Act 2007.
f. Other legislation applicable to the Platform and its services.
29.3. Nothing in these Terms & Conditions excludes, restricts, or modifies rights or remedies that cannot legally be excluded, restricted, or modified.
29.4. Where the Consumer Guarantees Act 1993 applies, the purchaser retains the protections provided by that Act unless the parties have expressly and lawfully agreed otherwise in circumstances where contracting out is permitted.
29.5. NZ SPHERE does not purport to contract out of the Fair Trading Act 1986 through these Terms & Conditions.
29.6. Any contractual provision found to be unlawful or unenforceable will be interpreted or limited only to the extent permitted by law.
29.7. The existence of these Terms & Conditions does not prevent any competent regulator from exercising its lawful powers.
30. GENERAL CONTRACTUAL PROVISIONS
30.1. Entire agreement
These Terms & Conditions, together with the applicable purchase confirmation, expressly agreed advertising specifications, Privacy Policy, and Refund Policy where relevant, form the contractual framework governing the services.
Where a specific written purchase agreement expressly varies these Terms & Conditions, the specific agreement prevails to the extent of the inconsistency, subject to applicable law.
30.2. Severability
If a provision is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the extent legally permitted.
30.3. No waiver
A failure or delay by NZ SPHERE to enforce a contractual right does not automatically constitute a waiver of that right.
30.4. Assignment
Purchasers may not transfer their advertising agreements without NZ SPHERE’s prior written approval, which will not be unreasonably withheld.
NZ SPHERE may transfer its rights and obligations to a successor operator as part of a genuine business sale or restructuring, provided the transfer does not materially reduce existing purchasers’ contractual rights.
30.5. Independent relationship
Nothing in these Terms & Conditions creates a partnership, employment relationship, franchise, joint venture, or general agency relationship between NZ SPHERE and its advertisers.
30.6. Continuing obligations
Provisions relating to accrued payments, intellectual property, liability, disputes, lawful recordkeeping, and other obligations intended to survive termination will remain applicable to the extent necessary.
30.7. Interpretation
These Terms & Conditions will be interpreted according to their ordinary meaning, the nature of the services, and applicable New Zealand law.
31. GOVERNING LAW AND JURISDICTION
31.1. These Terms & Conditions are governed by the laws of New Zealand.
31.2. Subject to any mandatory statutory rights or jurisdictional requirements, disputes arising from these Terms & Conditions will be subject to the jurisdiction of the competent courts and tribunals of New Zealand.
31.3. Nothing in this section prevents an individual or business from exercising any legal right that cannot lawfully be restricted.
32. CONTACT AND BUSINESS IDENTIFICATION
For questions concerning:
Advertising purchases.
Payment transactions.
Advertising-space allocations.
Business listing corrections.
Refund requests.
Intellectual property concerns.
Privacy enquiries.
Security concerns.
These Terms & Conditions.
Please contact NZ SPHERE using the official contact information published on the NZ SPHERE website.
Platform: NZ SPHERE
Country of operation: New Zealand
Legal operator: NZ SPHERE LTD
Official contact: legal@nzsphere.co.nz
33. ACCEPTANCE OF TERMS
By completing a purchase through NZ SPHERE, the purchaser confirms that:
They have had a reasonable opportunity to review these Terms & Conditions before payment.
They understand the nature of the advertising service being purchased.
They understand the advertised price and applicable Advertising Term.
They acknowledge that purchasing advertising space does not guarantee particular visitor numbers, sales, revenue, or commercial results.
They confirm that information and advertising materials submitted are accurate and lawfully provided.
They agree to comply with the applicable advertising, payment, intellectual property, and acceptable-use requirements.
They understand that advertising spaces are digital contractual entitlements rather than ownership interests in the Platform.
They acknowledge that statutory rights under New Zealand law remain protected.
Completion of a purchase through a checkout process that clearly presents and requires acceptance of these Terms & Conditions constitutes agreement to the applicable purchase terms.
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NZ SPHERE — New Zealand’s Digital Sphere.
20,736 Spaces. One New Zealand.