Explanation of terms

For the purposes of this document:

• 'LaunchBug' - refers to the website which will host the respective launch pages. The web address of the LaunchBug website is LaunchBug.
• 'I-Launch Solutions Limited' - refers to the company that owns and manages the LaunchBug website.
• 'Launch Page' - refers to a page on the LaunchBug dedicated to the launch of a particular product, service or event. This website is managed by the promoter of the products or service advertised on the launch page.
• 'Launch entity' - refers to any product, service, or event that has been added to LaunchBug in the form of a launch page.
• 'Launch Page content' - refers to any media including, but not limited to: text, images and video that is included on a launch page.
• 'Advertiser' - is defined as the promoter of the products, service or events on the launch page. They are also the owners of the launch page and responsible for the content and administration of the respective launch pages.

Information about the Product

1. LaunchBug shall be used to promote new, previously launched products and re-branded products. New in this case can entail to mean two things. It could refer to the ingenuity of the product. This will include products that are new inventions or different brands of a certain product available in the market. New can also refer to a new model, which will refer to a revised and updated version of a model currently available on the market.
2. For each respective product, the advertiser will solely be responsible for ensuring that all relevant information and media relating to the launch entity should be accurate at the date of the start of the launch.
3. Advertiser will retain the responsibility of updating any change in information relating to their product description, especially ensuring that details about the product which could affect consumer's decision making, is kept current throughout the period the product is promoted on the LaunchBug.
4. The advertiser will be responsible to ensure that any graphics or pictures used must comply with the Copyright and Intellectual Property Rights laws of New Zealand.
5. The graphics/images of products must not be deceiving in anyway. It is preferable that any features that appear in the picture(s) ideally correspond to the model of the product that will be available for sale in New Zealand market.  Likely conflicts could arise from making use of information which relates to an overseas model to promote a product which will differ from the one that will be available in New Zealand Markets. However, in such a case, use of such information is only allowed if the respective advertiser publishes a warning on their launch page clearly communication this fact to the site visitors.
6. LaunchBug reserves the right to remove graphics that do not meet the minimum legal standard set by the Films, Videos, and Publications Classification Act and the Films, Videos, and Publications Classification Amendment Act 2005. It is a minimum requirement that any graphics presented on the website should not be objectionable as defined in the Films, Videos, and Publications Classification Act 1993 and the Film, Videos and Publications Classification Amendment Act 2005.

Inventory

1. Advertisers are expected to be certain about the merchandise availability before advertising their launch entity. In case the product is not available at the time of the launch, the advertiser must ensure that this information is provided both to LaunchBug and also posted on launch entity website with a brief reason for the delay.
2. Advertisers will be responsible to ensure that items that are to be given away as part of any competition or promotion must be made available to the recipient at the expense of the advertiser.
3. In case of delivery delays, the advertiser will be responsible for informing any affected customers by the delay the reasons for the delay and the possible timeframe in which the problem will be rectified. This should be communicated through the launch entity website or any other means reasonable means available to the advertiser. I-Launch Solutions Limited shall be informed of such situation accordingly.

Product Quality and Consumer Rights

1. The webpage of the launch entity must conform to the minimum standard set by the New Zealand Model Code for Consumer Protection in Electronic Commerce. This includes updating the website whenever there is a change in the trade policy of the advertiser. Information on the advertiser's physical address, phone/fax numbers and a detail of the customers rights such as those relating to return and exchange and currency of trade must be provided on their site.
2. The advertiser is responsible to ensure that the product advertised on the launch entity's website is of the quality which the advertiser claims it to be.
3. Advertisers must ensure that they do not offer or make promises to give out gifts or prizes which they have no intention of honouring.
4. Advertisers are responsible to ensure that the terms of trade between them and the customers will be covered by the Fair Trading Act 1993 which includes ensuring that the quality of the product meets the minimum safety standard as required by the Act and other relevant standards corresponding to the Acts requirements.
5. Advertisers must ensure that their good, events and services are covered by any other legislations governing retail trade in New Zealand such as the Consumers Guaranties Act 1993, Hire Purchase Act 1971 and Lay-bys Sales Act 1971. All these Acts might not apply to all the advertisers. However, depending on the nature of your business and trade culture, it is your responsibility to ensure that you are aware of the respective Acts which would affect the conduct of your business and inform the customer on your website of your obligations and the rights for the consumers that emanate from those Acts.
6. Any information relating to site visitors that are provided by LaunchBug to the advertisers is accorded legal protection under Privacy Act 1993 and must not be used in any other way than for the reason they are provided for by LaunchBug. Failure to abide by this policy could infringe the requirements of the Act. Use of information obtained from the LaunchBug for any other purpose which is not made explicit to i-Launch Solutions Limited is not permitted.

I-Launch Solutions Limited's Performance Standard

1. I-Launch Solutions Limited will ensure that due diligence is devoted in ensuring that their marketing site is managed with utmost professionalism and is updated periodically to meet the needs of the clients.
2. In consideration of the reality of the online marketing business, LaunchBug wishes to highlight that even though they will provide uncompromised dedication to the design and maintenance of the site in whatever way necessary to attract customers, the outcome of the marketing will not be judged by any subjective standard set by either the advertiser or any other interested party.

Limitation of Liability

1. With regards to trade between the customers and the advertisers, LaunchBug indemnifies itself from any contractual or consumer rights issues that might arise from the trade and from any of the consumer related legislations either listed or not listed in this agreement. Such dispute shall only remain between the relevant customer and the advertiser in question and LaunchBug limits its responsibility to ensuring that LaunchBug's liability is confined to providing awareness of the products to the public through their website and no further. 
2. I-Launch Solutions Limited shall not be a party to any dispute resolution (and shall not be required to contribute toward any costs associated with those disputes) that might arise resulting out of trading between the trader and the advertiser. These disputes include those that might arise under the consumer rights laws of New Zealand by which the advertiser might be covered.
3. I-Launch Solutions Limited shall not be held liable by the advertiser in case of a situation where the advertiser might face sub optimal or below expected sales of products marketed through LaunchBug's website.
4. I-Launch Solutions Limited shall not be responsible for any credibility lost by the company and or the product promoted on LaunchBug.  This includes any injury that might be caused to the company's image through their exposure on the site.
5. I-Launch Solutions Limited shall not be liable for damage of any kind (whether financial or health) caused to the customers by the use of the advertisers products. Such products would include cosmetics, health supplements, eye care, hair care, dietary advice, etc. Advertisers who engage in trading in products manufactured for human consumption retain the sole responsibility to ensure that their products meet the health standards set by New Zealand Food Safety Authority.  This requirement equally applies for advertisers of pet nutrition and medications.
6. I-Launch Solutions Limited will not be responsible for any technical or warranty issues relating to the product. This also includes any issues relating to consumer finance and return or exchange of goods.
7. These terms and conditions are covered by the laws that apply in the domain of New Zealand and will be enforceable only in the court of law of New Zealand and no other jurisdiction.

Review of the Terms and Conditions

1. LaunchBug reserves the right to review and change the clauses of the terms and conditions of the agreement upon providing the advertiser with a notice of 15 days before effecting any change.