By creating an account with RiKmedia, or making use of any of the services available from RiKmedia, you are agreeing to be bound by the following terms and conditions (“Terms”). RiKmedia is an organisation that provides creative services for individuals & companies, and additionally offers a variety of products for sale online. RiKmedia works with collaborative partners to ensure the best possible service delivery for its clients. These Terms cover any interaction between RiKmedia clients and RiKmedia partners as well as RiKmedia. RiKmedia reserves the right to change these Terms at our sole discretion and without notice (because when something needs changing, it usually needs changing right away!)
- RiKmedia is a trading name of richard leonard photography ltd, a New Zealand company incorporated on 3rd Nov 2005. Company no: 1722415 & NZ Business no: 9429034450918.
- Purchasers in the online store should expect to see RiKmedia in all correspondence and either RiKmedia or richard leonard photography ltd on their cardholder statements. Should any other identifier be used, please contact RiKmedia immediately
- The registered office of richard leonard photography ltd, and the service address for RiKmedia is: 5 Bellbird Rise, Murrays Bay, Auckland 0630
- To access and use the services RiKmedia provides in full, you must register for a Rikmedia account (“Account”) by providing your legal name, a valid email address, and any other information indicated as required. RiKmedia may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
- You acknowledge that RiKmedia will use the email address you provide as the primary method for communication.
- You are responsible for maintaining the information you provide RiKmedia in your Account. If RiKmedia has created an Account for you, you must immediately change the password & check & amend, as appropriate, the information within your Account.
- You are responsible for keeping your password secure. RiKmedia cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as data and images that are uploaded under your Account. You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any terms as determined at the sole discretion of RiKmedia will result in an immediate termination of your Account.
- All prices are displayed and charged in New Zealand dollars (NZ$). Anyone purchasing services from RiKmedia will be provided with an invoice for those services. All invoices must be settled by direct transfer or cash. Only goods purchased from the online store can be (& must be) paid for by credit card online.
- The Terms shall be governed by and interpreted in accordance with the laws of New Zealand, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New Zealand with respect to any dispute or claim arising out of or in connection with the Terms.
- You acknowledge and agree that RiKmedia may amend these Terms at any time by posting the relevant amended and restated Terms on RiKmedia's website, available at www.RiKmedia.nz/terms and such amendments to the Terms are effective as of the date of posting. Your continued use of the Services after the amended Terms are posted to RiKmedia's website constitutes your agreement to, and acceptance of, the amended Terms. If you do not agree to any changes to the Terms, do not continue to use the Service.
- You may not use RiKmedia for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of New Zealand.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of RiKmedia without the express written permission of RiKmedia.
- You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- Questions about the Terms should be sent to support@RiKmedia.nz.
RiKmedia respects intellectual property rights and respectfully asks that you do too. RiKmedia and its partners create intellectual property every day; it is what we do. We do not enjoy anyone using the material we create and own without permission or fair compensation. We never surrender copyright, we license our material to our clients. This position takes precedence over any statement in any supplied purchase order or client arrangement. Commissioning of RiKmedia implies acceptance of these terms overriding all others.
RiKmedia does not accept commissions to create copyright works other than to agree to licence such parts of the works selected by RiKmedia for presentation to the client. This overrides section 21(3) of the Copyright Act 1994 in accordance with section 21(4) of that Act. You acknowledge acceptance of these terms when you engage RiKmedia.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Those rights are protected by copyright laws and treaties around the world. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or images from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
You must not, without permission:
- republish material from this website (including republication on another website) without full accreditation & a hyperlink back to the original source;
- copy any images or material from RiKmedia or its galleries & store such data for longer than the period of a week. Individuals or organisations who copy or obtain copied RiKmedia material with the express intention of avoidance of payment of any fee will be prosecuted to the full extent of the law.
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose without a licence;
- edit or otherwise modify any material on the website;
- edit or otherwise modify any material printed off or downloaded in any way;
- use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
Payment & Ownership
Ownership of all goods and services provided by RiKmedia or one of its partners is always retained by RiKmedia until full payment has been received. Until that time, the client may not use or benefit from the supply in any way, unless agreed in writing. Once full payment has been received, the Client may make agreed use of the product or service, subject to any agreed restrictions or licensing arrangements. Copyright is never relinquished and under all circumstances is retained by the creator. There are no exceptions and this overrides any clause in any supplied third party purchase order.
If payment is not received by the due date declared on the invoice (7 days unless otherwise agreed), RiKmedia will furnish the client with a statement of account. If, after a further 7 days payment is not received, RiKmedia reserves the right to charge interest on the outstanding debt. Due consideration will be given to any mitigating circumstances presented, but unless there is good reason (by RiKmedia's judgement), then punitive interest penalties will be applied. These currently stand at 15% of the outstanding amount (excl gst) for every 30 days, compounded monthly, starting from the date the original amount was due. The client must not make any use of any goods and services that have payments outstanding & RiKmedia reserves the right to demand complete destruction of any supplied material.
Limitation of Liability
- You expressly understand and agree that RiKmedia shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use our services.
- In no event shall RiKmedia or our partners or suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services, our inability to supply our services, or these Terms (however arising).