Terms and Conditions of Use (“Terms”)

Welcome to the Coffee Outbreak Network Group Limited and Global Advertising Internet Network Limited and the CONG & GAIN Online Shopping website and thank you for taking the time to read these website Terms which apply with respect to your use of the website and our products and services. It is important that you read these terms and conditions carefully because by using our website, you will be deemed to have accepted the Terms.

1. General

Coffee Outbreak Network Group Limited and Global Advertising Internet Network Limited are the owners and publishers of the content contained in this website (referred to as "our", "us", "we").

As a user of this website (referred to as ‘”you” and “your”), you are subject to these Terms, our Privacy Policy and any other laws or regulations which apply to this website. If you do not accept these Terms, you must refrain from using this website.

We reserve the right to revise these Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. By continuing to use this website after such publication, you agree to be bound by these Terms as revised. You should therefore periodically visit this page to determine the current Terms.

2. Contract formation

The information contained on this website constitutes an invitation to treat and not an offer to supply goods or services to you. When you submit an order to us, you are making an offer to buy those products in accordance with these Terms and in accordance with our then current terms of trade. We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you, including any order we believe, in our sole judgement, to have been placed fraudulently.

3. Information/Content

The information contained on this website is intended for general information only. While we endeavour to ensure that information on the website is correct, sometimes errors or inaccuracies do occur, for which we apologise.

We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this website. We reserve the right to make changes at any time and without notice to you, to any element of this website.

To the extent permitted by New Zealand law, we make no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this website or any other website.

4. Prices, Products and Services

All prices on this website are in New Zealand dollars and are inclusive of GST and any other sales tax. Please note that we reserve the right to alter the prices at any time for any reason.

The information in this website has been published by Coffee Outbreak Network Group Limited and Global Advertising Internet Network Limited upon the basis that relevant Coffee Outbreak Network Group Limited and Global Advertising Internet Network Limited, GAIN and CONG Online Shopping, will offer the goods for sale until a specified date or until sold, whichever first occurs, at no greater than the advertised prices, GST-inclusive.

Prices are subject to change by Coffee Outbreak Network Group Limited and Global Advertising Internet Network Limited, and do not include display accessories, options or delivery. Prices displayed may vary in different regions and different stores.

5. Returns Policy

A full refund will be provided to any goods returned to our warehouse, unopened in their original packaging and within 30 days. Shipping expenses, freight and any delivery charges, in both directions, are not refundable.

If the goods you receive are faulty, we will replace those goods if they are returned to our warehouse within 30 days of purchase. Reimbursement for shipping expenses, freight and any delivery charges will be up to the value of the original quoted shipping cost, freight or delivery charges.

After 30 days returns and refunds are subject to manufacturers warranty.

6. Delivery Times

We will process your order within 1 business day following payment in cleared funds. Payment by online banking cannot be checked until the next business day. We will send you an email notifying you when your order has been shipped. Please allow up to 3 days for delivery domestically, or 1 week internationally.

7. Intellectual Property

This website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by us, or in some cases, a related body corporate or third party, and unless stated, is copyright. These intellectual property rights are protected by New Zealand and international laws.

You may view our website and its contents for personal and non-commercial use only, and as such this is subject to copyright law and the Copyright Act 1994. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.

Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

8. Other Websites

Please note that although this site may have some hyperlinks to other third party websites, these sites have not been prepared by us and are not under the control of us. These links are provided for convenience only and may not remain current nor maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We are not responsible for the availability of any of these links.

9. Secure Data

Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the website, please contact us immediately by email at [email protected]

10. Viruses

Given the nature of the internet, we cannot guarantee that this website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this website will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this website, and to the maximum extent permitted by law, we disclaim all liability for any errors, omissions and faults.

You must take your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

11. Cookies

We may use a cookie file containing information that can identify the computer you are working from. The cookie file is anonymous as it only gives us details of your IP address, PC platform (Windows, NT or Mac), browser (e.g. Microsoft, Netscape or other, plus the version of Browser) and domain (whether you are accessing the site from NZ or elsewhere).

You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive.

12. Use of Your Information and Material

We appreciate any suggestions ("unsolicited ideas") you may have regarding ways in which this website may be improved or materials which we may add to this website. Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property. We may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

13. Privacy Policy

We are committed to protecting your privacy. We recognise that your personal information is confidential and we understand that it is important for you to know how we treat your personal information.

The privacy of your customer data, orders and credit cards are important to us. We will not disclose or sell your customer data to any third party. We will only send you email newsletters if you explicitly opt in.

Credit card details are not stored anywhere on our servers nor in our premises. Your credit card details are processed in real time by an independent payment gateway authorised by our bank, using secure encryption.

Please read our Privacy Policy for more information.

14. Disclaimer

We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.

We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.

The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.

You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Fair Trading Act 1986.

15. Consumer Guarantees Act

Nothing in these Terms of Use is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute, if and to the extent that such liability cannot be lawfully excluded, and these Terms shall be modified to the extent necessary to give effect to that intention. If you are acquiring goods or services from us, for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Terms.

16. Electronic Transactions Act

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

17. Applicable laws

This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms.

The information contained on this website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local law.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.

19. Changes to these Terms/General

We may, from time to time, add or remove information, products or services from this website without notice.

We reserve the right to amend these Terms at any time without notice, and we may terminate your access to this website at any time without notice. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.

Reference to "website" means the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

Terms of Use (Indepth)

Welcome to CONG.co.nz, the website and online service of CONG ("CONG," "we," or "us"). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you are a registered user of our Service.

We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

1. USE OF OUR SERVICE.

1. Eligibility

You may use the Service only if you can form a binding contract with CONG, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 must be accompanied by a signed Parent Consent Form by a legal Guardian or Parent who agrees to the terms of this Agreement. The Service is not available to any User previously removed from the Service by CONG.

2. Member Accounts

Your CONG account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a CONG account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. By connecting to CONG with a third-party service or installing a CONG application on a third-party service, you give us permission to access and use your information from that service as permitted by that service and, if applicable, to store your log-in credentials for that service.

You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify CONG immediately of any breach of security or unauthorized use of your account. CONG will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in your [name settings page]. By providing CONG your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service, special offers, newsletters, events, updates and correspondence related to business matters. If you do not want to receive such email messages, you may opt out or change your preferences in your [name settings page]. Opting out may prevent you from receiving email messages regarding updates, improvements, correspondence or offers.

3. Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the CONG servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that CONG grants the operators of public search engines revocable permission to use spiders to copy materials from CONG.co.nz for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service, except as expressly permitted by the Service features; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Service; (x) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xi) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other CONG Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. CONG shall have no liability for your interactions with other Users, or for any User's action or inaction.

You are bound to introduce a minimum of 5 new financially active members to join us and to ensure that your advertising fees, service fees, subscriptions, dues to GAIN and CONG are up to date and paid on time. We reserve the right to cancel and stop without notice and without refund any monthly recurring reward if the before is not upheld by any member and we also reserve the right to terminate any membership with continual abuse of these terms. 

2. USER CONTENT.

Some areas of the Service allow Users to post content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service "User Content"). You retain ownership of your User Content.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. CONG reserves the right, but is not obligated, to reject and/or remove any User Content in its sole discretion.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

1. You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

2. Your User Content and CONG's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

3. CONG may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

4. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

3. USER CONTENT LICENSE GRANT

By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to CONG a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed. You agree that this license includes the right for CONG to make your User Content available to others for the publication, distribution, syndication, or broadcast of such User Content on other media and services.

4. END USER LICENSE GRANT

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service as it is provided to you. CONG reserves all rights not expressly granted herein in the Service and the CONG Content (as defined below). CONG may terminate this license at any time for any reason or no reason.

5. OUR PROPRIETARY RIGHTS

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "CONG Content"), and all Intellectual Property Rights related thereto, are the exclusive property of CONG and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the CONG Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. Any feedback, comments, or suggestions you may provide regarding CONG or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

6. NO PROFESSIONAL ADVICE

If any aspect of the Service provides professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

7. PRIVACY

We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in New Zealand.

8. SECURITY

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

9. DMCA NOTICE

Since we respect artist and content owner rights, it is CONG's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify CONG's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyrighted work that you claim has been infringed;

3. Identification of the material that is claimed to be infringing and where it is located on the Service;

4. Information reasonably sufficient to permit CONG to contact you, such as your address, telephone number, and, e-mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice, CONG

Address: PO Box 98880, Manukau City, Auckland 2241, NEW ZEALAND.

Telephone:             0064 9 6344309      

Email: [email protected]



UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying CONG and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with CONG's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, CONG has adopted a policy of terminating, in appropriate circumstances and at CONG's sole discretion, members who are deemed to be repeat infringers. CONG may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

10. THIRD-PARTY LINKS

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by CONG. CONG does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and CONG's Privacy Policy do not apply to your use of such sites. You expressly relieve CONG from any and all liability arising from your use of any third-party website, service, or content. Your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that CONG shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

11. INDEMNITY

You agree to defend, indemnify and hold harmless CONG and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of New Zealand or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.

12. NO WARRANTY

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONG OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY. WITHOUT LIMITING THE FOREGOING, CONG, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

CONG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CONG SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CONG WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONG, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL CONG BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CONG, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CONG HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CONG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from its facilities in New Zealand. CONG makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable New Zealand and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by New Zealand, or are a foreign person or entity blocked or denied by New Zealand government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in New Zealand.

14. ASSIGNMENT

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CONG without restriction.

15. GENERAL

1. Governing Law

You agree that: (i) the Service shall be deemed solely based in Auckland; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over CONG, either specific or general, in jurisdictions other than Auckland. This Agreement shall be governed by the internal substantive laws of New Zealand, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and CONG that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Auckland, New Zealand, unless submitted to arbitration as set forth in the following paragraph.

2. Arbitration

For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

3. Notification Procedures

CONG may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by CONG in our sole discretion. CONG reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. CONG is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add [email protected] to your email address book to help ensure you receive email notifications from us.

4. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with CONG in connection with the Service, shall constitute the entire agreement between you and CONG concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

5. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and CONG's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Please contact us with any questions regarding this Agreement.

Privacy Policy

1. Application

Coffee Outbreak Network Group Limited (referred to as “we”, “our”, or “us”) is committed to protecting the privacy of any personal information of the user (referred to as “you” or “your”) may provide us whether in person or via our website.

This policy applies to our treatment of your personal information, when collected by us when you enter or use our website. By continuing to use this website, you unconditionally consent to us dealing with your personal information in the manner set out in this Privacy Policy.

This Privacy Policy is governed by New Zealand law and is subject to (and must be read in conjunction with) our Terms and Conditions of Use.

We may, from time to time, collect information about identifiable individuals (“personal information”). All personal information that you supply to us through this website will be handled and saved according to the provisions of the New Zealand Privacy Act 1993 (“Privacy Act”).

2. Collection of your personal information

We may collect personal information about you, directly from you, when you use this website or deal with us over the telephone or by letter or e-mail. You may voluntarily provide us with your personal information to enable us to provide you with information or services, respond to your enquiries, or carry out a transaction that you have requested. Personal information collected by us may include your name, title, company name, email address, telephone number, postal or physical address, product preferences, or other personal information.

The privacy of your customer data, orders and credit cards are important to us. We will not disclose or sell your customer data to any third party. We will only send you email newsletters if you explicitly opt in.

Credit card details are not stored anywhere on our servers nor in our premises. Your credit card details are processed in real time by an independent payment gateway authorised by our bank, using secure encryption.

There are various situations in which we may request you to provide personal information to us, including when you:

(a) complete forms on this website (including surveys, search forms, competition entry forms, registration forms, and order forms)

(b) create, modify, or use any accounts or registered user facilities available through this website

(c) send messages using this website (for example, when you ask us a question)

Except for information collected automatically, we will not attempt to collect personal information about you without your knowledge. In most circumstances, you can use this website without telling us who you are or revealing any personal information about yourself. You may decide not to provide your personal information to us. However, if you do not provide your personal information (or if you provide incorrect personal information), we might not be able to provide you with access to certain information, products or services.

Where we collect personal information about you from a third party source, we will take reasonable steps to make you aware of such collection and to make you aware of the purposes for which we are collecting your personal information from that third party source.

3. Automated collection

When you visit this website, we may use automated tools and methods (such as cookies, sessions and website statistics software) to collect certain information about your visit, including:

(a) the internet protocol address and host name used by your computer to connect to this website

(b) the operating system and the browser your computer uses

(c) the search engine or inbound hyperlink you used to reach this website

(d) the date, time and duration of your visit

(e) the pages viewed by you

This information will be used (in aggregate form only) to analyse how this website is being used (for example, to improve the content and performance of this website). Except as set out in this Privacy Policy, we will not disclose this information other than in aggregate form.

We may gather more extensive information if we are concerned, for example, about abnormal website usage patterns or website security breaches.

4. Cookies

This website may use cookies to provide you with certain services or functionality. Cookies are small pieces of information stored on your computer’s hard drive, which may be used to identify you as an individual user of this website. We use cookies to:

(a) personalise your visits to this website

(b) enable us to improve the content, reliability and functionality of this website

(c) enable you to use certain services or functionality

(d) evaluate the effectiveness of the advertising on this website

(e) track website usage patterns

Accepting a cookie will not give us access to any data on your computer other than the data stored in the cookie. Although you may configure your web browser to not accept cookies, you may experience a loss of functionality as a result.

5. Use and disclosure

The personal information we collect from all users, will be used to operate this website and to provide services you have authorised or requested. We may also use personal information collected by us to:

(a) respond to any questions or correspondence from you

(b) improve this website and any related services

(c) monitor the quality and standard of services provided by any Coffee Outbreak Network Group Limited franchisee

(d) carry out internal research and development

(e) provide you with information about a service that you are using (including critical updates and announcements)

(f) eliminate the need for you to repeatedly enter the same information

(g) customise this website to suit your particular preferences and interests

(h) where you create a message using this website (for the purpose of sending that message to us or to any other recipient specified by you), send that message

(i) analyse website usage, trends and statistics

(j) verify your identity or to provide you with a replacement password when you forget your username or password for any account you have with us

(k) supply you with further information concerning products and services which may be of interest to you

(l) carry out any other use that is authorised by you or is notified to you at the time of collection

We will not sell or lease your personal information. We will not disclose your personal information except in accordance with this Privacy Policy (and in accordance with the Privacy Act). We may use or disclose your personal information if you have authorised us to do so, or in any of the following circumstances:

(a) we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure

(b) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for national security in the performance of their functions

(c) we believe that the use or disclosure is reasonably necessary to enforce any legal rights we may have, or is reasonably necessary to protect the rights, property and safety of you, us, or others

(d) we are required or permitted by law to disclose the information

6. Unsubscribing

Where you have requested or authorised us to send you messages (for example, newsletters and information concerning products and services which may be of interest to you) you can request us to stop sending you such messages by taking any one of the following steps:

(a) using the unsubscribe feature (if present) in any such message

(b) if you are a registered user of this website, logging in to your account and updating the appropriate preferences (if available) for that account

(c) contacting our office at [email protected]

Once we have received your request we will, as soon as is practicable, comply with that request.

7. Personal Information About Other People

You must not provide personal information to us about another person, unless that person has authorised us, through you, to collect, use and disclose personal information about that person, for the purposes described in this Privacy Policy.

8. Access and Correction

Where we hold your personal information in such a way that it can readily be retrieved, you are entitled to request access to that information or to obtain our confirmation of whether we hold that information. We may require that you meet our reasonable costs of supplying this information to you. If we are unable to meet your request for access, we will let you know why.

If we refuse to provide you with access to your personal information, we will provide you with reasons for the refusal, in accordance with the requirements of the Privacy Act.

It is important to us that your personal information held by us is accurate, complete and current. If you are a registered user of this website, you may log in to your account and (functionality permitting) update your personal information.

To request access to, or correction of, your personal information held by us, you may contact our privacy officer.

9. Storage and security

Where we store your personal information will depend on the nature and purpose of the information and the manner in which you supply it to us. We may hold your personal information at Coffee Outbreak Network Group Limited 19F, 34 Kingston Street, Auckland Central, Auckland 1010, New Zealand

No data transmissions over the internet can be guaranteed as completely secure. Accordingly, we cannot warrant or guarantee the security of information transmitted from or to you. Once we have received your personal information, we will use reasonable efforts to protect that information against loss or misuse and against unauthorised access, use, modification, or disclosure.

10. Third Party Websites

This website may contain hyperlinks to third party websites. We are not responsible for the content of third party websites, or the manner in which those websites collect, store, use, and distribute any personal information you provide. When visiting a third party websites from hyperlinks on this website, we encourage you to review the privacy statements of those website so that you can understand how the personal information you provide will be collected, stored, used and distributed.

11. Changes

We reserve the right, at our discretion, to update or revise this Privacy Policy at any time. Changes to this Privacy Policy will take effect immediately once they are published on this website. Please check this Privacy Policy regularly for modifications and updates. By continuing to use this website or providing any personal information after we publish changes to this Privacy Policy, you agree to be bound by this Privacy Policy as revised. 

PRIVACY POLICY (Indepth)

This Privacy Policy describes CONG's policies and procedures on the collection, use and disclosure of your information when you use the CONG Service. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Use.

1. Information Collection and Use

CONG uses information we collect to connect users with others in their networks, analyze how the Service is used, diagnose service or technical problems, maintain security, personalize content, remember information to help you efficiently access your account, monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns, and track User Content and users as necessary to comply with the Digital Millennium Copyright Act and other applicable laws.

2. User-Provided Information

You provide us information about yourself, such as your name, e-mail address, and names of individuals in your online networks, if you sign up for an account with the Service (including by adding a CONG application on or connecting to the Service through a third-party service). Your name and other information you choose to add to your profile will be available for public viewing on the Service. We may use your email address to send you Service-related notices (including any notices required by law, in lieu of communication by postal mail). You can control receipt of certain Service-related messages on your Settings page. We may also use your contact information to send you marketing messages. If you do not want to receive such messages, you may opt out by following the instructions in the message. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses. We use information about your online networks and activities to connect you to others in your networks who we think may be of interest to you in connection with your use of the Service.

You also provide us information in User Content you post to the Service and features you use on the Service, such as endorsements. User Content you post to public areas of the Service and public actions you take on the Service may be publicly viewed on the Service and on the worldwide web.

The Service may permit you to invite friends to join the Service. If you choose to do so, we will use the email addresses and names you provide to send such invitations, and store this information to register your friends if your invitation is accepted and to track the success of our invitation service.

You consent to have your information shared with service providers and to be contacted by them by telephone or email, even if you have previously listed yourself on any corporate, state, or federal "do not call" list.

3. Cookies

When you visit the Service, we may send one or more "cookies" - a small data file - to your computer to uniquely identify your browser and let CONG help you log in faster and enhance your navigation through the site. A cookie may convey anonymous information about how you browse the Service to us, but does not collect personal information about you. A persistent cookie remains on your hard drive after you close your browser so that it can be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.

4. Log Files

Log file information is automatically reported by your browser each time you access a web page. When you use the Service, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.

5. Clear Gifs Information

When you use the Service, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your CONG account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting and make CONG better for our users.

6. Third Party Services

CONG uses third party analytics services to help understand use of the Service. These services collect the information sent by your browser as part of a web page request, including cookies and your IP address. Use of this information by each respective third party analytics service is governed by its privacy policy.

7. How We Share Your Information

1. Personally Identifiable Information

CONG may share your personally identifiable and other information in connection with CONG's business, subject to any restrictions on disclosure imposed by the source from which you permitted CONG to collect the data (for instance, a social networking service). Examples of ways we might share your information include to connect you with opportunities we think may be of interest to you, or to share information about your activities on CONG back to your networks. The Service may provide user settings that apply to certain types of information sharing. We may change the features and functionality of such settings from time to time. We cannot control third parties' use of your information.

In addition, CONG may share your personally identifiable information with our third party business partners for the purpose of providing the Service to you. If we do this, such third parties' use of your information will be bound by this Privacy Policy. We may store personal information in locations outside the direct control of CONG (for instance, on servers or databases co-located with hosting providers).

As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.

CONG may disclose your personal information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect CONG's rights or property.

2. Non-Personally Identifiable Information

We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain CONG services.

CONG may allow third-party ad servers or ad networks to serve advertisements on the Service. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on CONG. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. CONG does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks CONG to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach. In addition, third-party advertisers may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here. The CONG Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.

8. How We Protect Your Information

CONG uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement any privacy settings on the Service. We cannot, however, ensure or warrant the security of any information you transmit to CONG or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

In the event that personal information is compromised as a result of a breach of security, CONG will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in our Terms of Use, or as otherwise required by applicable law.

9. Your Choices About Your Information

You may, of course, decline to submit personally identifiable information through the Service, in which case CONG may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account.

10. Children's Privacy

Protecting the privacy of young children is especially important. CONG does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with the Service. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information.

11. Links to Other Websites

We are not responsible for the practices employed by websites linked to or from the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website's own rules and policies.

12. Changes to Our Privacy Policy

If we change our privacy policies and procedures, we will post those changes on this page to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, please contact us at [email protected] or send mail to: CONG, Attention: Privacy, PO Box 98880, Manukau City, Auckland 2241, New Zealand.

Advertising Code of Ethics

BASIC PRINCIPLES

1. All advertisements must comply with the laws of New Zealand.

2. No advertisement should impair public confidence in advertising.

3. No advertisement should be misleading or deceptive or likely to mislead or deceive the consumer.

4. All advertisements should be prepared with a due sense of social responsibility to consumers and to society.

5. All advertisements should respect the principles of free and fair competition generally accepted in business.

RULES

1. Identification - Advertisements should be clearly distinguishable as such, whatever their form and whatever the medium used; when an advertisement appears in a medium which contains news or editorial matter, it must be presented so that it is readily recognised as an advertisement.

2. Truthful Presentation - Advertisements should not contain any statement or visual presentation or create an overall impression which directly or by implication, omission, ambiguity or exaggerated claim is misleading or deceptive, is likely to deceive or mislead the consumer, makes false and misleading representation, abuses the trust of the consumer or exploits his/her lack of experience or knowledge. (Obvious hyperbole, identifiable as such, is not considered to be misleading).

3. Research, Tests and Surveys - Advertisements should not use tests and surveys, research results or quotations from technical and scientific literature, in a manner which is misleading or deceptive.

4. Decency - Advertisements should not contain anything which clearly offends against generally prevailing community standards taking into account the context, medium, audience and product (including services).

5. Offensiveness - Advertisements should not contain anything which in the light of generally prevailing community standards is likely to cause serious or widespread offence taking into account the context, medium, audience and product (including services).

6. Fear - Advertisements should not exploit the superstitious, nor without justifiable reason, play on fear.

7. Violence - Advertisements should not contain anything which lends support to unacceptable violent behaviour.

8. Denigration - Advertisements should not denigrate identifiable products or competitors.

9. Testimonials - Advertisements should not contain or refer to any personal testimonial unless it is genuine, current, related to the experience of the person giving it and representative of typical and not exceptional cases. The claims in the testimonial should be verifiable.

10. Privacy - Unless prior permission has been obtained an advertisement should not portray or refer to any persons, whether in a private or public capacity, or refer to any person's property, in a way likely to convey the impression of a genuine endorsement.

11. Advocacy Advertising - Expression of opinion in advocacy advertising is an essential and desirable part of the functioning of a democratic society. Therefore such opinions may be robust. However, opinion should be clearly distinguishable from factual information. The identity of an advertiser in matters of public interest or political issue should be clear.

12. Safety - Advertisements should not, unless justifiable on educational or social grounds, contain any visual presentation or any description of dangerous or illegal practices or situations which encourage a disregard for safety.