Terms and Conditions
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 RiK@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 after invoice date 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 22.5% of the outstanding amount (excl gst) for every 30 days, compounded monthly, starting from the date the original amount was due. Invoices for this additional interest will be issued monthly & the payment terms remain the same as the original invoice. 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 that remains unpaid for.
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).
By accessing this website www.RiKmedia.nz, or any associated sites - www.RiKsRant.com, www.RiK.nz, or any associated linked names, you acknowledge the terms and conditions expressed herein. We reserve the right to change this policy at our sole discretion and without notice (because when something needs changing, it usually needs changing right away!).
WHAT INFORMATION IS COLLECTED, AND WHY?
When a user visits our website, we collect information about the visit that does not identify the user personally. We track information such as the domain from which the user is visiting and the user's browser type. We also collect specific information regarding the user's session on our website. This includes items such as the date and time of the visit and the pages viewed.
Sometimes we ask a user to voluntarily provide personally identifiable information (PII). This information generally includes, but is not limited to, name, e-mail address, postal address, and telephone number. We request this information when the user requests one of the following:
To create an account with us
To receive specific information from us such as link to an online gallery
To sign up for a mailing list
To correspond with us
Or any other such activity that we deem necessary
RiKmedia does not collect any personally identifiable financial or health-related information. We do not intentionally collect information from children under the age of 16, unless they wish to be registered as a model, in which case an identified adult guardian needs to approve and register their information.
HOW IS THE INFORMATION USED?
Non-personally identifiable information (non-PII) is collected to allow us to analyze how our website is used and to improve the content and service the website provides.
Personally identifiable information is collected for analysis to improve the content of the website and the services we provide the user.
'Be a Model' information is collected for the sole purpose of allowing RiKmedia to judge whether a particular individual may be suitable as a model for any particular job.
RiKmedia owns the collected information and will not sell, trade, or rent the information to others. We may use the information to continue contact with the user. This may include contact such as follow-up calls, email correspondence, or mail correspondence to follow-up on the contact or to provide marketing information about promotions, new services, or important website changes. RiKmedia may share this information with its business partners for the specific purpose of a promotion or service offering.
ARE "COOKIES" USED ON THE WEBSITE?
HOW IS PERSONALLY IDENTIFIABLE INFORMATION SAFEGUARDED?
RiKmedia utilizes industry standard methods and mechanisms such as firewalls and passwords to protect electronic information. All financial information in the online store, and all personal information in the user account area is protected using Secure Socket Layers (SSL). Finally, access to PII is limited to a very small number of personnel and on a need-to-know basis.
LINKS TO OTHER WEB SITES
RiKmedia's web site may contain links to other internet web sites. RiKmedia neither controls nor endorses external sites and is not responsible for the content of such sites. This policy does not cover the privacy policies and data collection practices of non-RiKmedia web sites.
HOW TO OPT OUT OF CORRESPONDENCE
Based on the information a user has provided, RiKmedia may send email correspondence to the user. Each correspondence will contain an easy means to opt out of further correspondence.
Shipping & Returns Policy
We ship our goods free to you, anywhere in the world.
This, as you may appreciate, is a tricky thing to accomplish, and there are still several issues preventing us from making it a completely blanket policy.
The prime issue we face is covering the insurance cost of valuable original artwork. We can cover the manufacturing cost of reproduced work, but if we were to try & insure original one-off artwork, the pricing would become prohibitive.
We hope you like what we are trying to do, but here are the provisos!
PRICE & PAYMENT
For all goods, including vouchers, you must pay the price specified on the site at the time of your order. All payments are to be made by credit card. We accept Visa and Mastercard. We may contact you directly to confirm your edit card details if necessary. Credit card authorization and verification must be received prior to us processing your order for delivery.
All prices are displayed and charged in New Zealand dollars (NZ$) and the price payable in your shopping basket is inclusive of GST (Goods and Services Tax) at the prevailing rate. You will have to pay all other applicable taxes, import duties, levies or tariffs which may be payable (if any).
All goods, except original artworks, are shipped to you, anywhere in the world, free of charge. We can only ship to street addresses, not PO Boxes or other drop delivery addresses.
Original artworks cannot be shipped automatically, but must be collected by the purchaser, or please contact us to provide you with a shipping quotation. In the description of the goods, it will be specified whether the item is for pick up only.
Every effort is made to ensure that we can ship all our products without additional charges. However, we do reserve the right to inform the purchaser of any additional shipping costs where applicable. Where this unfortunately becomes necessary, the purchaser can pay the quoted additional costs and receive the goods they ordered, or they can decline and be granted a full and immediate refund on the said order.
We reserve the right to cancel any order and refund the purchaser in full, should we deem it necessary for any reason. The prime (but not sole) cause for this is where the delivery services are charging prohibitive amounts to deliver to certain parts of the world.
We will ship all goods in stock within a maximum of three working days, and our aim is to ship within one working day. For those goods that need to be manufactured for an order (such as a Photographic Art Print), please allow up to an additional five working days. The time the carrier takes to deliver is beyond our control; however, we are very keen to try & help them to improve their services, so any delay or other issues, please let us know.
If an order is urgent, or you would like to pay for express shipping, please contact us straight away after placing your order & we will do our best to oblige. If timing is critical & the order is dependent on it, please do contact us for advice before placing the order.
If the despatch of any items on your order are delayed beyond our stated targets, we will contact you to give you the option to cancel that part of your order. If you decide to cancel, the total amount of the cancelled portion of your order will be refunded to the card used to purchase within 3 working days.
Most of our goods are either original artwork or are produced to order. As such, it is very important that you do not make an impulse purchase that you later want to return because you have changed your mind. We do want all our customers to be satisfied, so if you are genuinely unhappy with a purchase simply because you have changed your mind, then let us know. If there is anything we can do, we will try. However, our policy is no 'change of mind' returns.
If anything you purchase from us arrives damaged, faulty, not of acceptable quality or does not match its description, then we will fix that immediately. Please contact us straight away & tell us what the problem is & we will either credit your money to the card used to purchase (within 5 working days of receipt of returned goods), put a credit to the full amount on your account with us or replace the goods. In case of damage in transit, please do keep all the original packaging materials, as some carriers will require proof of damage. If we want you to return the goods to us, we may supply you with a returns label. This will be made available for you to print out through your account.
We do ask that if you wish to replace / return your goods, you contact us within 14 days of delivery.
Subject to the provisions of this clause, to the extent permitted by law:
• all warranties, representations and guarantees (whether express, implied or statutory) are excluded;
• we will not be liable for any indirect losses or consequential damages of any kind suffered or incurred by you; and
• we limit our liability to the replacement, or replacement cost and the delivery cost, of the relevant goods at our option.
If you are not acquiring goods or services from us for business purposes, you may have rights and remedies under the New Zealand Consumer Guarantees Act 1993 in which case the above exclusions and limitations (and any other provisions in these terms which limit or exclude the rights and remedies available to you) will not apply to the extent these are inconsistent with your rights and remedies under that Act. If you are acquiring goods or services from us for business purposes, the New Zealand Consumer Guarantees Act 1993 will not apply, but you may have remedy through the Fair Trading Act & you may be covered by the Sale of Goods Act.
Governed by the laws and statutes of New Zealand