Terms and Conditions

Terms and conditions for www.backyardweddings.co.nz

This agreement is between you, the user and/or visitor to the website –http://www.backyardweddings.co.nz (whom we refer to as “you”, “your” in this document) and backyardweddings.co.nz (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

Backyardweddings.co.nz is an online platform which connects property owners and venues managers with users looking to rent a Space. The Site (www.backyardweddings.co.nz) can be used to facilitate the listing and booking of Backyards, 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 Backyards are included in Listings on the Site and Serviced 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 and registered email. For Venue owners to create a Listing, you must first register to create a backyardweddings.co.nz Account.

Services are accessible at www.backyardweddings.co.nz and any other websites through which backyardweddings.co.nz makes their services available. By using the Site, you agree to comply with and be legally bound by the terms and conditions, whether or not you become a registered Member. backyardweddings.co.nz reserves all rights in respect of access to and use of the Site, Services and all Collective Content. Please also read our Privacy Policy carefully www.backyardweddings.co.nz/privacy-policy/. Failure to use the Site in accordance with these Terms may subject you to civil and/or criminal proceedings and/or penalties.

Definitions

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;

Backyard means the venue spaces provided by the Venue manager or Property owner as part of the Venue Services;

Booking Enquiry(s) means an enquiry made by a User via the Website concerning the the Venue Spaces, Vendors or the Merchant Services;

Collective Content means Member Content and backyardweddings.co.nz 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 an owner or venue manager via the Site, Application, and Services.

Member means a person who completes backyardweddings.co.nz’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.

Privacy Policy means our privacy policy as amended by us from time to time and which is accessible from the Website;

Their means either the Venue Manager, Vendor or Property Owner

Us / we / our / means backyardweddings.co.nz 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;

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.backyardweddings.co.nz

Backyardweddings.co.nz Content means all Content that backyardweddings.co.nz 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.

2. Membership and Fees

2.1. Rights to a membership: Anyone over the age of 18 years old can become a member of Backyard Weddings.  By registering as a member you warrant that you can form a legally binding agreement.  You are responsible for any actions taken through your membership. Memberships are non transferable and can not be sold, leased, let or traded.

2.2. Termination of membership: We reserve the right to remove memberships that are deemed non-active or have not been accessed for sometime.  We reserve the right to terminate your membership and use of the website if we believe you have violated or acted inconsistently with the letter or spirit of these terms and conditions, violated the our rights, the rights of other members or any third party, or for any reason we see fit with or without notice to you.

2.3. Accuracy of information supplied: You warrant that you have provided complete, accurate and current personal information when registering as a member. We may phone, email or mail you to verify these details. You must not register as a member under multiple identities or personas whether false or not.

2.4. Security of your login information: You will receive a password in connection with your use of this website. You are responsible for keeping your login information (email and password) secure and secret. Without limiting the foregoing, you agree to not permit any other person to use your membership; and not to disclose information to others that would enable them to gain access to your membership.

2.5. Emails and newsletters: We reserve the right to send you emails related to your membership and any transactions you perform through the website. We may also send you periodic electronic marketing materials (e.g. newsletters), which you can opt out of receiving.

2.6  We charge Venue owners fees for the use of our website as a way for Venue owners and Guests to contact each other and to facilitate online bookings.

2.7  If you are a Guest, you do not pay us for the standard enquiry service we provide.

2.8  If you are the owner, you must pay us the fees associated with your advertising on our site.

2.9  We may change the fees charged for services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.

2.10  If you do not pay our fees or charges, we can charge you interest on any amount unpaid from the due date until the date we receive payment, at a daily rate based on our main bank’s business overdraft rate plus 2%, and we can charge you any costs that are reasonably incurred in recovering money you owe or in exercising our other rights.

2.11  Our fees are shown in New Zealand dollars and are exclusive of GST. You must pay us our charges plus GST, unless we indicate otherwise.

3. 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 backyardweddings.co.nz 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 backyardweddings.co.nz 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.

3.7. Unless compelled to do so by law, or in accordance with the Terms, we will not disclose any personal information you provide to us otherwise than in accordance with our Privacy Policy which is accessible on the website.

4. Booking enquiries and bookings

4.1. Terms of trade: Each Venue owner is responsible for setting their own Terms of Trade (Rental Terms) – not backyardweddings.co.nz. It is up to you to ensure these are made available to you, and that you’ve read and understand them before you proceeding with any agreement.  They should at include (as a bare minimum) payment terms (what to pay when) and cancellation terms (what you forfeit if you cancel). We will not be held responsible for Rental Terms that are either not defined, are poorly defined (unworkable) or unfair.

4.3. Safepay payments: By choosing to pay using our Payment Gateway facility you agree to the specific terms related to the use of this facility. For more info refer to the Safepay Terms of Use.

4.3. Cancellations: Your should notify the Venue provider as soon as you know you need to cancel. Your cancellation refund will be processed and provided by the Venue owner.

4.4. 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.

4.5. 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.

4.6. 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.

4.7. Any offer made by a Venue, in response to a Booking Enquiry, is made by the Venue Manager or Property Owner to their Terms unless otherwise stated. If you accept an offer by a Venue Manager or Property Owner in respect of their Services, including the making available of the Venue, you will enter into a contract directly with the Venue Manager or Property Owner and will be bound by their Terms.

5. Venue spaces and 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 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 Guest’s use of, a Venue 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 Venue included in a Listing posted (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. backyardweddings.co.nz assumes no responsibility for an Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. backyardweddings.co.nz reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that backyardweddings.co.nz, 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 backyardweddings.co.nz 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 backyardweddings.co.nz and the owner. Regulating the renting of and use of your Space in terms of an agreement, remains the responsibility of the Owner and backyardweddings.co.nz shall not be party to thereto. Notwithstanding the foregoing, backyardweddings.co.nz 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 Guests of such amounts stipulated by the Owner (including fees and/or Taxes).

5.4. We make no representation or warranty as to the quality and correspondence to description, or suitability of any Venue Services or Venue Spaces.

5.5. Any listing of a Venue 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 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. Backyardweddings.co.nz 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. Conduct

6.1 Your conduct in using the website: All communications made through the Backyard Weddings system must be made in good faith. You must not damage, interfere with or harm the website of services, or any network, or underlying system part there of, or attempt to do so. You must not use a robot, spider, scraper or other automated means of accessing information from the website. You shall not attempt to access secure or non-public areas of the website without appropriate authorization.

7. 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.

8. 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 backyardweddings.co.nz is not a party to such agreements, backyardweddings.co.nz disclaims all liability arising from or related to any such agreements.

9. General terms

9.1 Services

9.1.1 Backyardweddings.co.nz is an online resource, which provides a directory, blog, and resources to facilitate online wedding planning. backyardweddings.co.nz also provides a facility for users or members to submit reviews for venues in the directory, or submit comments for images and blog articles.

9.2 Disclaimer/Liability

9.2.1 By accessing the website you agree and acknowledge that:

9.2.1.2 You use and rely on any information, comments or reviews solely at your own risk and judgment. backyardweddings.co.nz is not liable for any reliance on any information displayed on the website.

9.2.1.3 Backyardweddings.co.nz 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 backyardweddings.co.nz or of its officers or employees.

9.2.1.4 Backyardweddings.co.nz gives no warranty as to the suitability of any business reviewed and does not endorse any business displayed on the website unless expressly stated.

9.2.1.5 The reviews of services on the website are provided by other users of the website and will not have been prepared by backyardweddings.co.nz. Accordingly, backyardweddings.co.nz does not warrant or make any representation about anything transmitted or posted by other users via this website and you acknowledge and agree that backyardweddings.co.nz 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.

9.2.1.6 Backyardweddings.co.nz’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.

9.2.1.7 To the maximum extent permitted by law backyardweddings.co.nz’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.

9.2.1.8 Backyardweddings.co.nz 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.

9.2.1.9 Backyardweddings.co.nz gives no warranty that the reviews posted or Services provided are secure and or timely.

9.2.2.0 You indemnify backyardweddings.co.nz, 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 backyardweddings.co.nz. 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 may be republished, reproduced or used by any party without the express consent in writing of backyardweddings.co.nz.

9.4. System Integrity: We will make all effort to ensure availability of the website and services, subject to any downtime required for routine maintenance and upgrades. However, we take no responsibility for any system unavailability, or for any losses incurred as a result of the website or services being unavailable. Furthermore, backyardweddings.co.nz assumes no responsibility for the corruption of any data or information held by backyardweddings.co.nz.

9.5. Disputes: As backyardweddings.co.nz is not a party to any transaction between you and another member, you agree not to involve or attempt to involve backyardweddings.co.nz in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided.

9.6 Governing Law

9.6.1 You agree by accessing the website that this agreement and your relationship with backyardweddings.co.nz will be governed exclusively by the laws of New Zealand and that you irrevocably submit to the jurisdiction of the Courts of New Zealand.

9.7 Assignment

9.7.1 Backyardweddings.co.nz 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.

9.7.2 By accessing the website you agree not to assign any right or obligation arising out of this agreement to any third party.

10. Reviewer

10.1 General Terms for Posting Reviews

10.1.1 To avoid doubt the website’s general terms and conditions and privacy policy both apply to reviewers and should be read in conjunction with these reviewer specific terms and conditions.

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 Backyardweddings.co.nz 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 Indemnity

10.3.1 Reviewers agree to indemnify backyardweddings.co.nz (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 License

10.4.1 By posting a review or rating to the website you grant an irrevocable license to backyardweddings.co.nz to use, reproduce, modify, transmit or distribute the review or rating and backyardweddings.co.nz 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.

11. General terms

11.1. As consideration for our promise to provide the Website and the services pursuant to these Terms, you promise to comply with these Terms and the Venue Terms, including with respect to the payment of the Venue Fees.

11.2. If any of these Terms are invalid or unenforceable it is to be read down so as to enable it to be valid and enforceable or otherwise severed so as to preserve the enforceability of the remaining Terms.

11.3. The Terms contain the entire agreement between us and you and are governed by the laws of New Zealand.

11.4. Your continued use of the Website or the Account indicates your acceptance of any amendment we make to these Terms from time to time.

11.5. The Website may contain links to other websites, content or resources not provided by us. We do not necessarily endorse, sponsor or approve of any such websites, content or resources and accept no responsibility for them.

11.6. We may vary the Terms at any time without notice.

11.7. Notwithstanding clause 3.7, if we determine to transfer, whether by sale or otherwise, any of the assets of the business through which we operate the Website or otherwise provide related services, or any interest we may have in any entity which carries on such business, we may assign all our right, title and interest in this agreement to the transferee which will include all details in relation to any you and the Account.

11.8. We reserve all our rights to the extent that they are not reserved by the Terms.

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