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Terms and Conditions "Business" service listing.
PARTIES
This Listing Agreement (the “Agreement”) is made between the company or lister (“the business”) and [Boom Nation Limited] (the “Service Provider”).
The Parties agree to the following terms in addition to the mutual promises and covenants in this Agreement:
BOOM NATION AGREEMENT
1. The business agrees to the following terms and conditions that the Service Provider has provided.
2. This agreement records the terms and conditions of listing of services, and the parties’ rights and obligations.
3. The person accepting this agreement is authorised by the business to do so, and before accepting, they have read and understood and accept all the terms of the agreement and had the opportunity to discuss or seek further clarification of the agreement from the Service Provider if required.
4. This agreement contains all terms and conditions, information, and specifications that the customer relies on
“Agreement” means this Agreement
as accepted by the partner venue, as may be varied and updated during the term
as set out herein.
“Consumer” meaning the person(s)
enquiring or booking on Service Provider’s online platform(s). Who will be
receiving the services directly form the author.
“Data Security” meaning the
responsibility of both parties to securely store consumer information whether
physical or digital from any threat or harm.
“Integration” meaning the
electronic connection through API keys to allow data to be shared and
transmitted from both parties.
Platform(s) meaning Service
Providers online e-commerce shops or social media.
‘Services meaning the Partner
venues fitness services as shown on Service Provider’s online platform(s).
Which from time to time may be amended by the partner venue.
“Term” meaning the term this
agreement will come into effect, continuing until cancelled as set out in this
agreement.
1.1 This Agreement shall commence on the date business signs up to the ‘service provider’s’ platform. This agreement shall remain in effect indefinitely unless this Agreement is terminated sooner in accordance with this provision or any other provision within this Agreement.
1.2 The service provider has the right to end this agreement for good cause, which includes but is not limited to, any severe breaches of this agreement, bankruptcy or insolvency, failure to make payment, criminal activity, material misrepresentation, rude behaviour or comments deemed to negatively impacts other users, listing business, or the service provider.
1.3 At any time, the business can terminate their listings and membership. The service provider is permitted two days to action the request. If the business has agreed to a collaboration in marketing or sales promotion, outside of this agreement, then the author must complete their agreement term before terminating their membership.
1.4 The Service provider has the right to restrict services to the business immediately if the service provider deemed appropriate without warning.
1.5 The business acknowledges and agrees that if the agreement has been terminated by the service provider, the business will not try to create a new membership and re-list any service or use the comment section to promote their business service.
1.6 The business acknowledges and agrees that if the agreement has been terminated then the business will cease using the service providers platform(s). All clauses still apply including clause 6. The service provider has the right not to correspond with the business in these circumstances.
2.1 The Service Provider is by no means responsible for the consumers entry onto the premises of the business. The business accepts full responsibility of the agreements suggested processes to identify the consumer upon entry.
2.2 Service Provider is by no means responsible for the consumers experience, both good and bad, upon entry of the authors premises.
2.3 Service Provider is by no means responsible for the consumers health and safety, upon entry of the business premises at any point or time.
2.4 Service Provider is by no means responsible for the consumers health and safety pre -assessment prior to beginning of any form of exercise. The business accepts full responsibility to undertake their standard pre assessment of any consumers entering the venue.
3.1 The business understands and agrees that all marketing assets provided on the Service Providers platform are of true representation.
3.2 The Service Provider agrees not to edit or tamper with any marketing assets provided by the business.
3.3 The business has the right to change, remove or edit their content visible on the Service Providers website at any time. Changes to this listing may require a review from the Service Provider which can take around 2 working days.
3.4 The Service Provider will not be responsible for any missing content on the business listing.
3.5 The business will be given a maximum of 3 photos per service and 1 video (if available) for each service listed in Service Providers main web site (www.boomnation.co.nz)
3.6 The business agrees to let the Service Provider use their listing content on various media channels to help promote each party’s service.
3.7 The business agrees on occasion that the Service Provider my ask to take video footage or photos of the authors services for purposes of promotion. Any images or footage will be provided to the author for approval prior to release.
3.8 The business acknowledges that a listing will have a rating feature, of which public users will be able to leave comments. The service provider will monitor the comments section to ensure there is no unacceptable comments or language associated to the business post.
3.9 The business agrees not to contact users directly, or use other listings from other business to reference, promote, market, or sell their own services.
4.1 The business understands and agree that the service provider will from time to time provide site updates or new service features. The service provider may occasionally remove or add features and functions to the business listing platform.
4.2 When making changes or a general announcement we will either contact the business by email or use the service providers announcement features.
4.3 The business acknowledges that it may not be possible for the service provider to amend the business listing by adding or removing new features that the service provider has enabled.
4.4 The business may wish to pay for a featured listing. The service providers default setting is for 30 days. The business will need to pay for this feature.
4.5 The service provider has the right to change the price and duration of the featured listing service at any time. All accepted featured listings that have been paid for will not be affected by the price change.
4.6 The business acknowledges that the service provider may ask the person listing to confirm and provide proof of an NZ
business number, in order to prove that the business listing is real and legal.
5.1 The business acknowledges and agrees that the platform provider will provide a booking system which will allow the business to add available slots for consumers of the platform to book themselves in sessions.
5.2 The business acknowledges and agrees that it is up to business to manage these time slots and that the service provider will have no control or management of available spaces.
5.3 If there is an overbooking or issue with a consumer booking that the slot is not available becomes the management and concern of the business.
5.4 Once the booking is made the consumer will receive a confirmation email from the service provider to confirm that the booking has been made to confirm.
5.5 The business agrees to a 10% fee which will be taken automatically for the service provider when a consumer purchase an offer through the system providers gateway. This includes any offer through the booking form or a service offer.
6.1 Both parties agree where applicable to integrate into one another platforms to either share information or process orders. This may include but not be limited to services, marketing content, and class schedules.
6.2 Both parties understand and agree to take responsibility and necessary precautions protect provided data in accordance too the New Zealand privacy act.
6.1 This entire Agreement is governed by all applicable New Zealand law and shall bind the Parties throughout its Term.
6.2 The business acknowledges and agrees that for any activity or content which is used on the service providers platform, the service provider will take appropriate
action. This could be issuing warning; removing content; suspending or removing the author, banning a member, or contacting the authorities.
6.3 The business acknowledges and agrees that reasons for clause 6.2 could be listings that do not comply with clause 6.1, infringe intellectual property rights, or
harmful or offensive conduct both online or off online, or any other behaviour or terms that may place the service providers community and business at risk.
6.4 The business acknowledges and agrees in accordance with our privacy policy, that the service provider may provide your personal information to parties and/or
intellectual property rights holders and relevant authorities. This may include name, contact, website interactions, transactions you have made on the service
providers platform(s)
Terms and Conditions "User" ‘service listing’
PARTIES
This Listing Agreement (the “Agreement”) is made between the public consumer (“the user”) and [Boom Nation Limited] (the “Service Provider”).
The Parties agree to the following terms in addition to the mutual promises and covenants in this Agreement:
BOOM NATION AGREEMENT
- The user agrees to the following terms and conditions that the Service Provider has provided.
- This agreement records the terms and conditions of listing of services, and the parties’ rights and obligations.
- The person accepting this agreement has read and understood and accept all the terms of the agreement and had the opportunity to discuss or seek further clarification of the agreement from the Service Provider if required.
- This agreement contains all terms and conditions, information, and specifications that the customer relies on.
Agreement” means this Agreement as accepted by the user, and may be updated during the term as set out herein.
“Author” meaning the person or company listing a service or fitness facility on the service providers platform.
“Data Security” meaning the responsibility of both parties to securely store consumer information whether physical or digital from any threat or harm.
“Integration” meaning the electronic connection through API keys to allow data to be shared and transmitted from both parties.
“Platform(s)” meaning Service Providers online e-commerce shops or social media.
‘Services meaning the authors fitness services as shown on Service Provider’s online platform(s). Which from time to time may be amended by the partner venue.
“Term” meaning the term this agreement will come into effect, continuing until cancelled as set out in this agreement.
“User” meaning the person(s) enquiring or booking on the Service Provider’s online platform(s). Who will be receiving the services directly from the author.
1.1 This Agreement shall commence on the date author signs up to the ‘service provider’s’ platform. This agreement shall remain in effect indefinitely unless this Agreement is terminated sooner in accordance with this provision or any other provision within this Agreement.
1.2 The service provider has the right to end this agreement for good cause, which includes but is not limited to, any severe breaches of this agreement, bankruptcy or insolvency, failure to make payment, criminal activity, material misrepresentation, rude behaviour or comments deemed to negatively impacts other users, listing authors, or the service provider.
1.3 At any time, the user can terminate their membership. The service provider is permitted two days to action the request.
1.4 The Service provider has the right to restrict services to the user immediately if the service provider deemed appropriate without warning.
1.5 The user acknowledges and agrees that if the agreement has been terminated by the service provider, the user will not try to create a new membership and re-list any service or use the comment section to promote their business service.
1.6 The user acknowledges and agrees that if the agreement has been terminated then the user will cease using the service providers platform(s). All clauses still apply including clause 6. The service provider has the right not to correspond with the user in these circumstances.
2.1 The user acknowledges and agrees that they are fit and abled body to undertake any activity when booking or paying for a service which has been listed on the service providers platform. The user agrees that for health and safety measures the user may be required to complete a pre-assessment before entering said purchased activity.
2.2 The user has undertaken all necessary due diligence prior to applying, booking, or paying for themselves into an author’s service. This includes but not limited to, consulting with a doctor, or contacting the author directly for more information.
2.3 The Service Provider is by no means responsible for the user’s experience, both good and bad, upon entry of the authors premises or services.
2.4 The Service Provider is by no means responsible for the user’s health and safety, upon entry of the authors premises or services at any point or time.
2.5 The Service Provider is by no means responsible for the users health and safety pre -assessment, prior to beginning any form of exercise. The user accepts full responsibility to undertake any standard pre assessment provided by the author before undertaking the service.
2.6 The user acknowledges and agrees that the author of the listing service has the right to refuse entry of the user without any reason.
2.8 You must be aged 16 years or above to become a user of Boom Nation. Some Partner Venues will have minimum age requirements for customers to purchase a service and this will be made clear on the Partner Venue’s Hussle page and/or at the time of booking.
3.1 We recommend to each of our users and authors that proof of identity is required on arrival at the facility or service to ensure you are the purchaser of the service. Acceptable forms of identification typically include passport, driving licence, ID card etc.
3.2 Sharing purchases of services is strictly prohibited, and you may not transfer your purchase to someone else. Your purchase will only grant you access to an author’s venue or service. You cannot transfer your purchase or booking to anyone else, nor can you purchase from another user. If you cannot provide ID which matches the details of the user who made the purchase of the service, then you may not be allowed to access the authors facility or undertake their service. If we have reason to believe you are sharing your purchase, then we reserve the right to permanently suspend you from using boom nation in future.
3.3 We make every effort to ensure the accuracy of the authors listed and use a variety of processes to audit this, however we do rely on authors to let us know if they are closing temporarily or permanently, or changing any of their available facilities, to maintain the accuracy of the information on our website. If you identify a listing which has permanently closed or not accurate, please contact us on admin@boomnation.co.nz
4.1 The user acknowledges and agrees that that they will not post any harmful, or inappropriate content on the service providers platforms.
4.2 The user acknowledges and agrees that the service provider will monitor the comments section to ensure there is no unacceptable comments or language associated to the authors listing.
4.3 The user acknowledges and agrees that the service provider can review and remove comments that the user has posted without warning. If the comment is deemed inappropriate clause 6 may take effect.
4.4 The user agrees not to contact other users directly, or use other listings from authors to reference, promote, market, or sell their own services.
4.5 The user agrees that on occasion that the author or service provider may use content on various media channels for purposes of promotion. The user may request that the material be removed online if it features themselves. Ther author or service provider will be allowed 7 days to remove any material.
4.6 The user acknowledges and agrees not to use any material of the service provider or author inappropriately in accordance with all New Zealand law. As example, this includes but not limited to Copywrite Act 1994 or the Human rights Act 1993.
5.1 The user understands and agree that the service provider will from time to time provide site updates or new service features. The service provider may occasionally remove or add features and functions to the user’s account.
5.2 When making changes or a general announcement we will either contact the user by email or use the service providers announcement features.
5.3 The user acknowledges that it may not be possible for the service provider to amend the users listing by adding or removing new features that the service provider has enabled.
6.1 The user acknowledges and agrees that the service provider may provide a booking system or payment gateway which will allow the user to book themselves into the authors service.
6.2 The user acknowledges and agrees that it is the authors responsibility to manage the listing booking system or all listing information, and that the service provider will have no control or management of available spaces.
6.3 If there is an overbooking, or issue with a booking, and the slot is not available, the user agrees and acknowledges that the service provider is not responsible. This issue will need to be resolved directly between the author and the user.
6.4 Once the booking is made the user will receive a confirmation email from the service provider to confirm that the booking has been confirmed. If payment can be taken on the listing, the service provider will confirm to the user by email that payment has been made.
6.5 If the user made a payment over the service providers platform(s) then the user has 14 days upon purchase date to claim a refund from the service provider. This claim only applies if the user was restricted access to the authors facility or service, due to health and safety concerns.
(a) No other reason for a refund will be valid for the user. This may include but limited too, ‘unable to attend for any reason’ or cancellation of the service. In this event the user can contact the author directly to discuss further.
(b) If a service has been cancelled or re-scheduled then the user acknowledges and agrees that the author will be liable, and the service provider has no liability or involvement in these reasons.
7.1 The user acknowledges that the platform will send the user a monthly discount code through the platform notifications.
7.2 The monthly code will only be valid for the calendar month it has been assigned too.
7.3 The monthly code will only be valid for the retail brands who are advertising on the deals board that month. To use the code you must click to their website and apply the code.
7.4 The user accepts that the platform has no responsibility for the code working on the retail brands website. All issues relating to the code not working should be directed to retail brand.
7.5 The user acknowledges and accepts that the platform may not have deals on or a minimum number of deals available every month.
7.1 This entire Agreement is governed by all applicable New Zealand law and shall bind the Parties throughout its Term.
7.2 The user acknowledges and agrees that for any activity or content which is used on the service providers platform, the service provider will take appropriate action. This could be issuing warning; removing content; suspending or removing the user, banning a member, or contacting the authorities.
7.3 The user acknowledges and agrees that reasons for clause 6.2 could be any comments on listings or the service provider platform(s) that do not comply with clause 6.1, infringe intellectual property rights, or harmful or offensive conduct both online or off online, or any other behaviour or terms that may place the service providers community and business at risk.
7.4 The user acknowledges and agrees in accordance with our privacy policy, that the service provider may provide your personal information to parties and/or intellectual property rights holders and relevant authorities. This may include name, contact, website interactions, transactions you have made on the service providers platform(s)