1. Description of Service
Except as otherwise provided in Sections 2, 3 and 4 of these 360queenstown-wanaka Location Sponsorship Plans and Services Terms and Conditions (referred to as the “Agreement”, “LSP”, or “Terms & Conditions”), 360queenstown-wanaka may display one or more of the following on the location page; a link to the official website address, phone number, media content for the duration of either (a) one year for annual plans, or (b) 185 days for half-year sponsorship plans, from the start date (the “Term”). 360queenstown-wanaka makes no guarantees as to the effectiveness of creating a Location Listing, and shall not be liable for a lack of users using this information to contact the business directly.
“Location Listing” shall be defined as a listing which includes one or more of the following: (a) the official website address for the location listed on 360queenstown-wanaka, (b) a phone number, link to the properties email address, or (c) media content.
“Deliverables” Clients can choose one or more of the following to add to a Location Listing: the official website address; links to other associated websites; phone number, physical address and postal address; position on a Google Map and other page customisation features which are or will come available in the future. It should be recognised by the Client that there is also a free listing available (please use this Directory Submission Form).
“Services” Clients can choose to use one or more of the other services, such as Sponsored Messages, Accommodation Bookings, Home Page Promotions and other services which are available or will become available in the future.
3. Location Sponsorship Plan (LSP) and Service Rules
All requests by a Client to create a Location Listing or use a Service on 360queenstown-wanaka are governed by these 360queenstown-wanaka Location Sponsorship Plan and Service Terms and Conditions. No other conditions, provisions, or terms of any sort appearing in any writings or other communications made in connection with this LSP, including without limitation those contained on any forms of payment, will be binding on 360queenstown-wanaka, whether in conflict with or in addition to this LSP. This LSP is binding on the Client and not subject to cancellation, except as provided below under Section 4 & 7. The Client will use 360queenstown-wanaka services in accordance with applicable law and in a manner which does not interfere with, disturb, or disrupt other network users, services, or equipment, as determined by 360queenstown-wanaka in its sole discretion.
4. Location Listings
360queenstown-wanaka reserves the right, without liability, to reject, remove and/or cancel any information in the Location Listing that contains content or links which do not meet 360queenstown-wanaka’s specifications, at 360queenstown-wanaka’s sole discretion. 360queenstown-wanaka’s sole liability under this Section shall be to refund the pro-rata portion of amounts paid for the unfulfilled term to the extent that the content or links do not meet 360queenstown-wanaka specifications. However, in cases which involve fraudulent activity of any type, or inappropriate or malicious content, no refunds will be provided. 360queenstown-wanaka may redesign its site at its sole discretion at any time. Clients agree to the following:
i) The Client hereby grants 360queenstown-wanaka the right to display Location Listing information on 360queenstown-wanaka, and any other 360queenstown-wanaka websites, partner websites, and emails that are related to 360queenstown-wanaka. Failure by 360queenstown-wanaka to publish any Location Listing information does not constitute a breach of contract or otherwise entitle the Client to any legal remedy.
ii) As an option, the Client may raise a support request for the Location Listing by sending an email to info@360queenstown-wanaka. The Client will use their best efforts to explain what the issue is so 360queenstown-wanaka can expedite the request.
iii) Client’s failure to comply with all applicable requirements of this LSP may delay or prevent the display of the Location Listing and shall give 360queenstown-wanaka the right to immediately terminate the applicable LSP.
iv) The Client shall be solely responsible for the content provided to 360queenstown-wanaka for the Location Listing and any website linked to from such information and shall indemnify 360queenstown-wanaka for all loss, costs, and damages in connection with any claims of infringement of any third party rights. The Client represents, warrants and covenants to 360queenstown-wanaka that at all times, (a) it is fully authorised to publish the entire contents and subject matter of all requested information (including, without limitation, all copy, website addresses, and internet sites); (b) all such materials and internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party; (c) it has the full corporate rights, power and authority to enter into this LSP and to perform the acts required of it hereunder, and its execution of this LSP does not and will not violate any agreement to which it is a Party or by which it is otherwise bound by any applicable law, rule or regulation; and (d) each such internet site is controlled by the Client and operated by the Client or its independent contractors, is functional and accessible at all times, and is suitable in all respects to be linked to from the 360queenstown-wanaka website.
vi) Public Announcements: The Client hereby grants 360queenstown-wanaka permission to publicise the fact that it is a Location Listing Client of 360queenstown-wanaka in a press release. Client shall not use, display or modify 360queenstown-wanaka’s trademarks in any manner without the prior written consent of 360queenstown-wanaka.
5. Privacy and Compliance
6. Payment Terms and Calculations
The Client will be invoiced by 360queenstown-wanaka for all services at the end of each month, with the invoice to be settled by the 20th of the following month. Annual LSPs will be invoiced in full from commencement date. All invoices are payable to 360 New Zealand Ltd, as the holding company for the 360queenstown-wanaka franchise.
In addition to any other rights, 360queenstown-wanaka may immediately remove the Client’s Location Listing information or other Services in the event that it detected some form of misuse within such time period. Location Listings will be renewed automatically on an annual or quarterly (as appropriate) basis at the then-current standard rates and invoiced accordingly.
Failure to pay the amount by the due date will result in one or all Location Listings and Services being suspended until payment is made. All sums payable by Client to 360queenstown-wanaka under this Agreement are exclusive of GST. Location Listings information will not be displayed until payment is received by 360queenstown-wanaka.
7. Term and Termination
This Agreement is effective upon the date that payment is received by 360queenstown-wanaka for this LSP. This Agreement may be terminated by Client at any time and a pro-rated refund, solely as determined by 360queenstown-wanaka, will be refunded. If either party terminates this LSP, the Client’s sole remedy will be refunded if applicable of any prepaid fees in excess of the fees owed to 360queenstown-wanaka under the LSP. Neither 360queenstown-wanaka nor any of its affiliates will have any other liability of any nature to the Client or any other third parties under this section.
8. Liability, Warranty & Indemnity
a) Except as otherwise stated herein, 360queenstown-wanaka make no warranties, express or implied, including without limitation, any implied warranties of fitness for a particular purpose, or any warranties as to the number of visitors to, or pages displayed, on the 360queenstown-wanaka website or the functionality, performance, or response times of the 360queenstown-wanaka site. 360queenstown-wanaka disclaims and shall not be liable for any other loss, injury, cost or damage suffered by the Client or any other third party and shall in no event be liable for consequential, special or incidental damages, including lost profits. This provision shall survive any expiration or termination of this agreement. In no event shall 360queenstown-wanaka or any of its affiliates be liable to the Client for an amount in excess of the total dollar amount actually received by 360queenstown-wanaka from the Client for the specific Location Listing or Service information at issue.
b) The Client agrees to defend, indemnify and hold harmless 360queenstown-wanaka and each of 360queenstown-wanaka’s agents, Clients, subcontractors and affiliates, and the owner, and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable legal fees) expenses, damages, assessments, or judgments (collectively, “Liabilities”), resulting from any claim against any such parties in connection with Client’s advertisement, except to the extent that such claims directly resulted from the gross negligence or willful misconduct of 360queenstown-wanaka.
9. General Provisions
These terms and conditions are governed by the laws of New Zealand. The Client consents to the exclusive jurisdiction and venue of courts of Queenstown, for all disputes related to the subject matter hereof. No joint venture, partnership, employment or agency relationship exists between the Client and 360queenstown-wanaka. 360queenstown-wanaka will not be deemed to have waived or modified any of these terms and conditions except in writing signed by its duly authorised representative. The Client may not assign its rights hereunder to any third party unless 360queenstown-wanaka expressly consents to such assignment in writing, not to be unreasonably withheld. Modifications to the originally submitted LSP will not be binding unless signed by both parties. If any provision of these standard terms and conditions is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. This LSP will be deemed to be controlling over all other writings or agreements of any kind between the parties. All notices to 360queenstown-wanaka relating to any legal claims or matters must be made in writing to 360queenstown-wanaka, PO Box 311, Wanaka, 9305, New Zealand. Each Party expressly undertakes to retain in confidence and to require its agents and contractors to retain in confidence all information and know-how transmitted to such Party that the disclosing Party has identified as being proprietary and/or confidential or which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential. All terms and conditions of this Agreement will be considered confidential and will not be disclosed (except to both Party’s legal representative and accountants on a need-to-know basis) without the prior written consent of the other Party. The Parties acknowledge and agree that 360queenstown-wanaka may archive an electronic copy of the fully executed Agreement. Except as specifically provided herein, this LSP constitute the entire understanding and Agreement between the parties and supersedes any and all prior understandings and/or Agreements between the parties with respect to the subject matter regarding Location Listings or Services. No change, amendment or modification of any provision of this LSP or waiver of any of its terms will be valid unless set forth in writing and mutually agreed to by the parties.
27 October 2012: First version of Location Sponsorship Plans and Services Terms and Conditions
03 July 2013: Revisions to point 6 – Payment Terms and Calculations.
14 November 2015: Revisions to points 2 and 3, to sit inline with new design of 360queenstown-wanaka.com.