Terms & Conditions

To use Reality Check Radio’s services, please read these terms and conditions and make sure they’re right for you. Your access to and use of the Service is conditioned on Your acceptance of, and compliance with, these Terms and Conditions.

Reality Check Radio or RCR is NZ Media Holdings 2023 Limited, trading as Reality Check Radio.

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and RCR. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

By accessing or using the Services, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of RCR.

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

RCR’s Privacy Policy describes RCR’s policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read RCR’s Privacy Policy carefully before using Our Service.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant RCR the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

• Goods availability
• Errors in the description or prices for Goods
• Errors in Your Order
• If fraud or an unauthorised or illegal transaction is suspected.

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and RCR’s Returns Policy, which forms a part of these Terms and Conditions.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You must also include all of the product’s instructions, documents and wrappings.

Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded.

You should therefore take reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will only use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

• The supply of Goods made to Your specifications or clearly personalised.
• The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
• The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
• The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

As RCR is constantly updating Our offerings of Goods on the Service. From time to time, the Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in RCR’s advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

RCR reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by RCR subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of RCR. In that event, You will have the right to cancel Your Order.

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, or electronic transfer for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by Your card issuer. If we do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.

Membership Period

The Service or some parts of the Service are available only with a paid Membership. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Membership plan you select when you purchased the Service.

At the end of each period, Your Membership will automatically renew under the exact same conditions unless You cancel it or RCR cancels it.

Membership cancellations

You may cancel Your Membership renewal either through Your Account settings page or by contacting RCR. You will not receive a refund for the fees You already paid for Your current Membership period and You will be able to access the Service until the end of Your current Membership period.

Billing

You shall provide RCR with accurate and complete billing information including full name, address, post code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, RCR will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

RCR, in its sole discretion and at any time, may modify the Membership fees. Any Membership fee change will become effective at the end of the then-current Membership period.

The Company will provide You with reasonable prior notice of any change in Membership fees to give You an opportunity to terminate Your Membership before such change becomes effective.

Your continued use of the Service after the Membership fee change comes into effect constitutes Your agreement to pay the modified Membership fee amount.

Refunds

Except when required by law, paid Membership fees are non-refundable.

Certain refund requests for Membership may be considered by RCR on a case-by-case basis and granted at the sole discretion of RCR.

Eligibility

Promotions are open to individuals aged 18 years or older. By entering, participants confirm that they meet this age requirement. Contractors of Reality Check Radio (RCR) are not eligible to win prizes unless stated otherwise.

Entry Guidelines

Specific entry instructions for each Promotion will be provided at the time of the Promotion. To be valid, all entries must comply with these instructions.

User-Generated Content (UGC)

For Promotions involving user-generated content, such as testimonial videos, participants grant RCR a perpetual, royalty-free, and irrevocable right to use, reproduce, modify, publish, and distribute the content in any form, including but not limited to digital media, print, and broadcast. By submitting content, participants confirm they own or have the right to grant these permissions and that the content does not infringe on the rights of any third parties.

Copyright and Ownership

All entries, including any video, photograph, or other UGC, become the property of RCR upon submission. Participants waive any moral rights they may have in their submissions. RCR reserves the right to use the content for promotional, commercial, or any other purposes, with no obligation to compensate the participant.

Winner Selection

Winners will be chosen based on criteria provided at the time of the promotion, or at random, depending on the Promotion format. RCR’s decision is final, and no correspondence will be entered into regarding the selection process.

Liability

RCR is not responsible for any technical issues, delays, or other disruptions that may affect entry into a Promotion. RCR reserves the right to amend or cancel promotions at any time for any reason without prior notice.

Privacy

Personal information collected for promotions will be used in accordance with RCR’s Privacy Policy and will only be used for the purposes of administering the Promotion unless stated otherwise.

General

Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

When You create an account with RCR, You must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with RCR Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify RCR immediately upon becoming aware of any breach of security or unauthorised use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of RCR and its licensors.

The Service is protected by copyright, trademark, and other laws of both New Zealand and foreign countries.

RCR’s trademarks and trade “get up” may not be used in connection with any product or service without the prior written consent of RCR.

We value your feedback. RCR’s Privacy Policy describes RCR’s policies and procedures on the collection, use and disclosure of Your personal information when you give feedback. If your feedback is made publicly, including on social media channels, we may share this. For feedback that you’ve sent to us directly,  we will use our best endeavours to contact you for permission before using or sharing the same, otherwise it will be anonymised.

RCR’s Service may contain links to third-party web sites or services that are not owned or controlled by RCR.

RCR has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that RCR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Notwithstanding any damages that You might incur, the entire liability of RCR and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or NZ$100 if You have not purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall RCR or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if RCR or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Without limiting the foregoing, neither RCR nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of RCR are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

The laws of New Zealand shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other international laws.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting RCR.

Severability

If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if RCR has made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

RCR reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at RCR’s sole discretion.

By continuing to access or use RCR’s Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by RCR downloaded by You on any electronic device, named Reality Check Radio or RCR.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access Our Service or parts of Our Service.

Country refers to: New Zealand

Company (referred to as either “RCR”, “We”, “Us” or “Our” in this Agreement) refers to NZ Media Holdings 2023 Limited, C/O Kennerley & Co Chartered Accountants Ltd, Auckland, 1023, New Zealand.

Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.

Goods refer to the items offered for sale on the Service.

Orders mean a request by You to purchase Goods from RCR.

Promotions refer to contests, sweepstakes, giveaways or other promotions offered through the Service.

Service refers to the Application or the Website or both.

Membership refers to the services or access to the Service offered on a subscription basis by RCR to You.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and RCR regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Reality Check Radio, accessible from https://realitycheck.radio

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

If you have any questions about these Terms and Conditions, or anything else, you can contact us:

By email: [email protected]

Last updated: 31 July 2023