Terms for www.theweddingmap.co.nz
This agreement is between you, the user and/or visitor to the website –http://www.theweddingmap.co.nz (whom we refer to as “you”, “your” in this document) and The Wedding Map (we refer to ourselves as “us”/“we”/“our” in this document). By accessing and using this website you agree to be bound by these terms and conditions (Terms) which may be varied by us from time to time and whether or not you have registered with the site.
TERMS OF SERVICE
The Wedding Map is an online platform which connects vendors (suppliers), property owners and venues managers with users looking to rent a space or use a service. The Site (www.theweddingmap.co.nz) can be used to facilitate the listing and booking of Spaces, including but not limited to houses, apartments, buildings, private properties, sheds, warehouses, function centres, restaurants, vineyards, wineries, estates, farms and/or other properties and/or it’s immediate surroundings for the use of an event. Such Spaces are included in Listings on the Site and Services by Owners. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to submit a listing or rate/review a listing we take personal information limited to Name, phone, registered email. For Venue owners to create a Listing, you must first register to create a The Wedding Map Account.
In these Terms, unless the context otherwise requires:
Account means an account created by us which may be accessible via the Website and through which a User (venue manager or property owner) may use to update information.
Account Password means a form of letters, numerals and/or symbols which is issued or approved by us in relation to an Account and which may be used to access and operate upon an Account;
Booking Enquiry(s) means an enquiry made by a User via the Website concerning the Merchant, the Venue Spaces, Vendors or the Merchant Services;
Booking Request Period means the time period starting from the time when a booking is requested by a user, within which a venue property owner or venue manager may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
Collective Content means Member Content and The Wedding Map Content.
Content means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
Guest means a user who requests from a venue manager or property owner a booking or enquiry via the Site, Application or Services.
Property Owner means a Member who has a Listing via the Site, Application and Services.
Listing means a space that is listed by a owner or venue manager via the Site, Application, and Services.
Member means a person who completes The Wedding Map’s account registration process, including but not limited to owner or venue manager and Guests, as described under “Account Registration” below.
Member Content means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
Their means either the Venue Manager, Vendor or Property Owner
Us / we / our / means The Wedding Map its associated entities or permitted assigns of which we have provided you with notice by any means including via the Website;
User means a person in relation to user of Website and/or Booking Enquiry or actual Bookings;
Vendor any supplier that is listed or advertised on the site.
Venue means the venue spaces provided by the Venue manager or Property owner as part of the Venue Services;
Venue Manager means a Member who has a Listing via the Site, Application and Services.
Venue Services means the services provided by the Venue.
Website means the site(s) accessible at www.theweddingmap.co.nz
The Wedding Map Content means all Content that The Wedding Map makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
You / yours means any natural person of at least 18 years of age who accesses the Website and may include, without limitation, a User.
USE OF WEBSITE AND ACCOUNT
2.1. You must use the Website and any Account we create for you only in accordance with the Terms. You use the Website and the Account at your sole risk. You are responsible for all activity on the Account or on the website.
2.2. You must not use the Website for any purpose other than that for which it is intended to be used by Users generally, or for any malicious purpose.
2.3. You must not copy, distribute, commercialise or otherwise use any Website content otherwise than as permitted by law, the Terms, or by our consent.
2.4. You must not access, or attempt to access the Website or the Account from any place or in any circumstance where such access may be illegal.
CREATING AND USING AN ACCOUNT
3.1. All accounts set up are for the purpose of the venue manager or property owner to manage calendar, information relating to the venue and/or images.
3.2. In order for us to create an Account for you, you must be listed as a The Wedding Map venue.
3.3. If you know or suspect of any unauthorised use of your Account, you must request cancellation or disablement of the Account as soon as possible.
3.4. You may request us to terminate or disable your Account at any time. To do so please contact The Wedding Map using the contact us page.
3.5. We may suspend, terminate or disable, an Account or block access to the Website for any reason from time to time. We do not warrant that either or both the Account or the Website will be available at any particular time.
3.6. We may send, whether electronically or otherwise, administrative and promotional materials to you from time to time, unless you opt out of receiving such materials from us via the Website.
BOOKING ENQUIRY AND BOOKINGS
4.1. We operate the Website on which the Vendor Services and Venue Spaces are listed and promoted. We do not charge you for your use of the Website, but we may receive payment from the Vendor’s and venue owners for or in respect of the listing.
4.2. Without limitation of any other right we may have, we reserve the right to remove from the Website any listing of a Vendor or Venue Space.
4.3. Subject to this clause, you may make a Booking Enquiry of a Venue via the Website. The vendor reserves the right to refuse a Booking Enquiry for any reason.
4.4. In order to make a Booking Enquiry, you may be required to provide us with such personal information as we may require including your name, age, Phone, and a valid email address.
4.5. A Booking Enquiry made, may result in the Venue or Vendor making an offer to you to provide Services, including making available the Venue Space the offer.
4.6. Any offer made by a Venue or Vendor, in response to a Booking Enquiry, is made by the Venue Manager, Vendor or Property Owner to their Terms unless otherwise stated. If you accept an offer by a Venue Manager, Vendor or Property Owner in respect of their Services, including the making available of the Venue Spaces, or the Vendor’s time, you will enter into a contract directly with the Venue Manager, Vendor or Property Owner and will be bound by their Terms.
VENUE SPACES & SERVICES
5.1. You agree and acknowledge that the venue (Venue manager or property owner) is and remains wholly and solely responsible for making available the Venue Spaces and providing the venue Services, and we do not assume any responsibility or liability in this regard.
5.2 You acknowledge and agree that you are responsible for the content provided to us that represents your listing, maintenance and updating of any and all Listings posted. Accordingly, you represent and warrant that any Listing posted and the booking of, or a Renter’s use of, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Space included in a Listing posted (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. The Wedding Map assumes no responsibility for an Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. The Wedding Map reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that The Wedding Map, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services, but shall not be liable for any consequences due to its failure to remove such access.
5.3. If you are a Venue Owner or a Venue Manager which represents as owner, you understand and agree that The Wedding Map does not act as an insurer or as your contracting agent and any booking requested or made using the Site or Services must not and cannot be construed as the creation of a contract between The Wedding Map and the owner. Regulating the renting of and use of your Space in terms of an agreement, remains the responsibility of the Owner and The Wedding Map shall not be party to thereto. Notwithstanding the foregoing, The Wedding Map serves only as either the facilitator or as the limited authorised payment collection agent of the Owner for the purpose of accepting, on behalf of the Owner, payments from Renters of such amounts stipulated by the Owner (including fees and/or Taxes).
5.4. We make no representation or warranty as to the quality, merchantability, fitness for purpose, correspondence to description, or suitability of any Venue Services or Venue Spaces.
5.5. Any listing of a Venue Space or Venue Services appearing on the Website is intended to be indicative only and is subject to change without notice.
5.6. Any information on the Website is, and is intended to be, general in nature, and should not be relied upon without first making such independent enquiries as to the accuracy of the information as may be appropriate. Any photographs or other visual depictions are intended to be indicative only. Whilst we take every opportunity to verify the information provided to us by the Venue, we rely on the Venue to provide us with information that is accurate and we do not accept liability for errors or inaccuracies in the information provided to us by the Venue.
5.7. The Venue provides the Venue Services and makes available the Venue Spaces pursuant to the Venue Terms, and the User is responsible for complying with, and ensuring any other persons who may attend a User Event comply with, the Venue Terms.
5.8. If you arrange a User Event for or on behalf of any other person(s), you must ensure that the person(s) is aware of, understands and complies with, the Venue Terms.
5.9. The Wedding Map does not take any responsibility and cannot be held accountable for use of images in a venue profile where there has not been authorisation from photographer. It is the sole responsibility of the Venue to provide images that have been approved from photographers.
6.1. You agree and acknowledge that the Vendor (supplier) is and remains wholly and solely responsible for making available their time and providing the Vendor Services, and we do not assume any responsibility or liability in this regard.
6.2 You acknowledge and agree that you are responsible for the content provided to us that represents your listing, maintenance and updating of any and all Listings posted. Accordingly, you represent and warrant that any Listing posted and the booking of, or a Renter’s use of, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to your business included in a Listing posted (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. The Wedding Map assumes no responsibility for the Vendor’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. The Wedding Map reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that The Wedding Map, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services, but shall not be liable for any consequences due to its failure to remove such access.
6.3. If you are a Vendor which represents as the owner, you understand and agree that The Wedding Map does not act as an insurer or as your agent and any booking requested or made using the Site or Services must not and cannot be construed as the creation of a contract between The Wedding Map and the owner. Regulating the renting of and use of your services in terms of an agreement, remains the responsibility of the Owner and The Wedding Map shall not be party to thereto. Notwithstanding the foregoing, The Wedding Map serves only as the facilitator.
6.4. We make no representation or warranty as to the quality, merchantability, fitness for purpose, correspondence to description, or suitability of any Services you provide.
6.5. Any listing of a Vendor Services appearing on the Website is intended to be indicative only and is subject to change without notice.
6.6. Any information on the Website is, and is intended to be, general in nature, and should not be relied upon without first making such independent enquiries as to the accuracy of the information as may be appropriate. Any photographs or other visual depictions are intended to be indicative only. Whilst we take every opportunity to verify the information provided to us by the Vendor, we rely on the Vendor to provide us with information that is accurate and we do not accept liability for errors or inaccuracies in the information provided to us by the Vendor.
6.7. The Vendor provides the Vendor Services and makes available the Vendor time pursuant to the Vendor Terms, and the User is responsible for complying with, and ensuring any other persons who may attend a User Event comply with, the Vendor Terms.
6.8. If you arrange a User Event for or on behalf of any other person(s), you must ensure that the person(s) is aware of, understands and complies with, the Vendor Terms.
LIMITATION OF LIABILITY
7.1. Subject to this clause 7, and to the extent permitted by law, we exclude all implied warranties and conditions which might otherwise apply to these Terms.
7.2. Subject to this clause 7, and to the extent permitted by law, we and our employees, contractors or agents accept no liability arising out of or in connection with the Website, the Terms, the Vendor, the Venue or the Venue Services, including the Venue Spaces, whether arising at law, in equity or by virtue of any statute, except to the extent that the liability arises solely from the gross negligence of us, our employees, contractors or agents, in which case our liability, including liability for our failure to comply with a Guarantee, shall be limited to, as we determine:
7.2.1. The supply of the services pursuant to these Terms again; or
7.2.2. The payment of the cost of having the services pursuant to these Terms supplied again.
7.3. Nothing in this clause 7 shall be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified.
7.4. You indemnify us against any loss, damage or injury we incur or sustain as a direct or indirect result of breach of the Terms, Vendor Terms or Venue Terms by you.
FINANCIAL TERMS FOR USERS
8.1. Venue Owners and/or Venue Managers are solely responsible for honouring any confirmed bookings and making available any Space reserved through the Site and Services. Users who choose to enter into a transaction with an Owner for the booking of a Space agree and understand that they may be required to enter into an agreement with the Owner.
8.2. Users will be solely responsible for performing the obligations in terms of any such agreements, that The Wedding Map is not a party to such agreements, The Wedding Map disclaims all liability arising from or related to any such agreements.
GENERAL TERMS AND CONDITIONS
9.1.1 The Wedding Map is an online resource, which provides a directory, blog, and resources to facilitate online wedding planning. The Wedding Map also provides a facility for users or members to submit reviews for vendors in the directory, or submit comments for images and blog articles.
9.2.1 By accessing the website you agree and acknowledge that:
220.127.116.11 You use and rely on any information, comments or reviews solely at your own risk and judgment. The Wedding Map is not liable for any reliance on any information displayed on the website.
18.104.22.168 The Wedding Map is not liable for any reviews, ratings or comments posted by user, members, or reviewers on the website, these represent the opinions of the writers and not those of The Wedding Map or of its officers or employees.
22.214.171.124 The Wedding Map gives no warranty as to the suitability of any business reviewed and does not endorse any business displayed on the website unless expressly stated.
126.96.36.199 The reviews of services on the website are provided by other users of the website and will not have been prepared by The Wedding Map. Accordingly, The Wedding Map does not warrant or make any representation about anything transmitted or posted by other users via this website and you acknowledge and agree that The Wedding Map does not endorse, support, sanction, encourage or agree with any user’s communications nor take any responsibility for such communications or reviews which are threatening, obscene, defamation or constitute harassment or offensive material or which constitutes any infringement of any other party’s intellectual property rights. In short we cannot and will not accept any liability for any statements made by any person contributing to this website.
188.8.131.52 The Wedding Map’s liability is excluded for any loss occasioned by a user of the website, or any other person, through direct or indirect use of the website, including but not limited to, loss of information, loss of profits, loss of business, loss of a chance, general and special damages, and consequential and incidental loss.
184.108.40.206 To the maximum extent permitted by law The Wedding Map’s liability and responsibility (including that of any of its officers, employees, agents or any related company) to you or any other person, in connection with the services or any material posted on the website, including any member’s or reviewer’s information, or your use or inability to use the services or this website is excluded regardless of whether any such liability arises in equity, tort, contract, breach of statutory duty or by any other operation of law or legal process that may arise whether direct or indirect, including without limitation, loss of profits, loss of data, loss of business, loss of any anticipated savings, or any general or special damages or consequential or incidental losses.
220.127.116.11 The Wedding Map does not vet or screen material posted to the website and therefore gives no warranty that the website will be free of viruses or any other malicious computer programmes and gives no guarantee that the website will be provided free of errors.
18.104.22.168 The Wedding Map gives no warranty that the reviews posted or Services provided are secure and or timely.
22.214.171.124 You indemnify The Wedding Map, and any of its employees, officers agents or any related company for any loss caused by your failure to adhere to these terms and conditions.
9.3 Intellectual Property
9.3.1 All images, pictures, logos and information content used on the website remains the property of The Wedding Map. Some product and business names, photos, videos, and text displayed on the website may be subject to intellectual property rights owned by third parties.
9.3.2 By accessing the website the user agrees not to breach or infringe on any intellectual property rights including but not limited to; trademarks, copyrights, patents or designs.
9.3.3 Copyright is reserved for the website and as such no information displayed on the website maybe republished, reproduced or used by any party without the express consent in writing of The Wedding Map.
9.4 Governing Law
9.4.1 You agree by accessing the website that this agreement and your relationship with The Wedding Map will be governed exclusively by the laws of New Zealand and that you irrevocably submit to the jurisdiction of the Courts of New Zealand.
9.5.1 The Wedding Map may assign all or any of its rights and or obligations arising out of this agreement to any other third party at any time. If this is done we will endeavour to give reasonable notice in these terms and conditions.
9.5.2 By accessing the website you agree not to assign any right or obligation arising out of this agreement to any third party.
REVIEWER TERMS AND CONDITIONS
10.1 General Terms for Posting Reviews
10.1.2 Reviewers will ensure that at all times in submitting reviews, ratings and any other material or information to the website that they act in good faith. Reviewers must:
10.1.2.2 Have had a recent transaction with the business.
10.1.2.5 Be fair, constructive and honest in dealing with the business they rate or review.
10.1.2.6 Ensure they tell the truth about their experiences with the business and do not lie about or mislead others as to the quality of goods or quality or competency of the service provided by the business to the reviewer.
10.1.2.7 Not defame or seek to defame the business they submit a rating and or review for.
10.1.2.8 Not use obscene or offensive language or remarks designed to be offensive.
10.2 Removal of Review
2.2.1 The Wedding Map in its sole discretion may remove any review in breach of these terms and conditions but is under no obligation to exercise any editorial or vetting of content posted by reviewers.
10.3.1 Reviewers agree to indemnify The Wedding Map (and any of its officers, employees and agents, and any related company) for any and all, losses, costs, damages or expenses (including all reasonable costs of defending any claim or enforcing this indemnity) resulting directly or indirectly from a review or rating submitted by you to the website or for any breach of these terms and conditions.
10.4.1 By posting a review or rating to the website you grant an irrevocable license to The Wedding Map to use, reproduce, modify, transmit or distribute the review or rating and The Wedding Map has no obligation to provide any payment or credit for any review or rating or reproduction etc of the same.
10.5 Business Reviewed or Rated
10.5.1 Please note that ratings and reviews may be passed on to the business concerned.