2.1 "you" and "your" means any subscriber and/or user of the Reports.
2.2 "we" "us" and "our" means Champion Freight (N.Z.) Limited of Christchurch, New Zealand, its employees, agents, successors and any other person or business to whom We may transfer Our rights to the Reports.
2.3 "subscriber" means any person and/or entity that subscribes to the Reports after the free ninety (90) day trial outlined at clause 3 of these terms and conditions.
2.4 "user" means any person and/or entity that uses the Reports during the free ninety (90) day trial outlined at clause 3 of these terms and conditions.
3. Ninety (90) Day Free Trial
3.1 A free, no-obligation trial to use the Reports is offered for a period of 90 days from the date of activation being the date when your email details are submitted to us to be a subscriber to the Reports ("the Trial Period").
3.2 The Trial Period is applied once per person, to new subscribers only, and cannot be transferred or redeemed for any type of cash (or other) payment.
3.3 At the end of the Trial Period you will be contacted via email by us, at which time you can either proceed to our paid subscription service or cancel your subscription at no cost. Please note that cancellation of your subscription will automatically occur if payment is not received.
3.4 No credit or debit card details are required to initiate the Trial Period.
4. Data Redistribution
4.1 You can copy and redistribute any of the content contained in the Reports, in any medium, provided:
- it is for internal business use only;
- it is for non-commercial use;
- material taken from the Reports is not remixed, transformed or added to in any way; and
- you have received written consent from us to use and reference material taken from the Reports.
5. Responsibility For Content
5.1 Although every effort has been made to ensure the accuracy of the information contained in the Reports, they have not been independently verified; accordingly, we make no representations and/or warranties:
- of any kind in respect of the content of the Reports;
- about the accuracy, completeness, or suitability for any purpose of the information contained in the Reports.
5.2 We do not accept any responsibility or liability for any direct, indirect, incidental, consequential, special, exemplary or punitive damage, or for any loss of profit, income or any intangible losses, or any claims, costs, expenses, or damage, whether in contract, tort (including negligence), equity or otherwise, arising directly or indirectly from, or connected with your use of the Reports.
5.3 For the avoidance of doubt the provisions of the New Zealand Consumer Guarantees Act 1993 do not apply to your use of the Reports.
6. Third Party Websites
6.1 In the event the Reports contain hypertext links to websites operated by third parties:
- the operation and content of those websites shall be determined by the organisation which controls the website;
- links are provided for convenience only;
- the inclusion of any links should not be taken to imply endorsement in any way of the site to which it links; and
- we accept no responsibility or liability for the contents of any other website.
7. Cost of Subscription
7.1 Notwithstanding the Trial Period, the price of a subscription to the Reports will be specified at the time when your email details are submitted to us to be a subscriber to the Reports. Unless otherwise stated, all prices will be in New Zealand dollars and exclude GST.
7.2 We may amend the price of a subscription to the Reports by giving you thirty (30) days' written notice. Automatic payment arrangements may be altered accordingly once the new pricing takes effect. We will not change the pricing of a subscription plan during any agreed fixed term.
7.3 A free subscription to the Reports is available to:
- selected media outlets (with our written consent); and
- any of our customers who import or export more than three FCL consignments within any twelve (12) month period.
7.4 If a free subscription is applied to you in accordance with clause 7.3, we reserve our right to periodically reassess your activity to evaluate your payment exemption status. We will notify you by email if your free subscription has been revoked and provide options to make payment or cancel your subscription.
7.5 Further exemptions will be considered on a case by case basis. Please contact us if you wish to apply for an exemption for payment to use the Reports.
8. Payment Method
8.1 Subsequent to the Trial Period or any other introductory offer made available to you, payment is to be made by recurring monthly or annual payments via the online payment system which is processed by SwipeHQ. Such payments will appear on your bank statement as SHQ CHAMPION FREIGHT.
8.2 SwipeHQ processes secure online credit and debit card transactions in accordance with Payment Card Industry Data Security Standards (PCI PTS 3.x). All data is SSL encrypted and securely transferred to their McAfee monitored secure servers. Accordingly, we do not store your credit or debit card details.
8.3 All payments are to be made in advance and payments will be automatically charged, until the subscription is cancelled in accordance with these terms and conditions.
8.4 Upon receipt of payment, a copy of the latest export report will be emailed to your specified email address within two (2) business days.
8.5 You must ensure there are sufficient funds in your account to honour each payment. If payment fails, we may:
- attempt to process the payment on repeat occasions' and/or
- notify you and request an update of your payment details.
8.6 Changes to your payment details can be made online by resubmitting our payment form
8.7 By providing us with your credit or debit card details you authorise us to charge all amounts payable in relation to your subscription and your nominated payment plan.
9. Cancellation, Termination and Refunds Policy
9.1 You have the right to cancel your subscription at any time by providing us with seven (7) business days' notice and you are entitled to a proportionate refund for any unused prepaid days. Any refund will be calculated from the end date of your subscription (i.e. at the end of the seven (7) day cancellation period).
9.2 Your subscription will continue until cancelled by either you or us.
9.3 You cannot suspend or place your subscription on hold.
9.4 We may cancel your subscription at any time for any breach of these terms and conditions. In the event we cancel your subscription for a breach, we are under no obligation to provide you with any notice of cancellation and/or refund of your subscription.
10.1 We shall comply with all applicable data protection legislation from time to time in force in respect of the personal data we collect from You.
11.1 If any provision of these terms and conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other terms and conditions will not be affected.
11.2 New Zealand law will apply to this agreement and the parties agree to submit to the non-exclusive jurisdiction of the New Zealand courts.
11.3 Save as expressly provided elsewhere these terms and conditions shall apply only between Us and You and no other person shall be entitled to benefit from them.