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WayWiser General Terms And Conditions

Welcome to WayWiser.

These Terms apply to you when you are using or accessing the WayWiser Website or Services, and set out how you may use and access the Website and the Services. If you wish to create a User Account and make use of the Website or Service, please read these Terms.

These Terms are subject to any other written agreement between you and WayWiser and/or any WayWiser policy that is made available by WayWiser and applicable to you (including our Privacy Policy which has been incorporated by reference into these Terms.

  1. Acceptance

    WayWiser offers you access and use of the Website and the Services on these Terms. By creating a User Account you are agreeing to these Terms and entering into a legally binding agreement with us.

  2. Definitions

    In these Terms, the following expressions have the meanings set out below:

    Adventure means an event, experience, activity or excursion (or similar) that is offered by a User through the Website for the purpose of organising and participating in an activity with other Users.

    Adventure Date means the day that an Adventure will take place, or if the Adventure will take place over multiple days, the first day of the Adventure.

    Booking Fee means the booking fee payable to us by a User, and includes:

    any costs incurred by us, including payment processing fees charged by our third party payment processor (which may include transaction fees and any applicable currency conversion processing fee); and

    a service fee of 3% of the value of any payment made through the Website (except in the case of Donations where no service fee will apply).

    Cost Sharing means our Payment Tool that allows Users to receive payments from other Users in order to cover a portion of the costs they incur in organising Adventures for and participating in Adventures with those other Users.

    Dispute means a dispute between Users and notified to WayWiser in accordance with clause 14.

    Donations means our Payment Tool that allows Users to make payments to selected charities or organisations.

    Intellectual Property Rights means any current and future intellectual property rights whether registered or unregistered, including copyrights, design rights, trade marks, trade names, domain names, rights in logos and get-up, patents, inventions, confidential information and know-how, all rights in computer software, privacy, data and databases.

    Organiser means a User who organisers an Adventure.

    Participant means any User who attends an Adventure other than the Organiser.

    Privacy Policy means our privacy policy available on the Website.

    Payment Tool means any payment facility provided by the Website including Cost Sharing, Tipping and Donation facilities.

    Post has the meaning given to it in clause 9.1

    Safety Policy means our safety policy available on the Website.

    Services means any tools (including Payment Tools), applications or other services available to Users via the Website.

    Terms means these terms and conditions, and includes any amendments made in accordance with these terms and conditions.

    Tipping means our Payment Tool that allows Users to make voluntary payments to other Users with whom they have participated in an Adventure.

    User means a natural person (or, if approved by WayWiser, an entity) who is a user of the Website, and/or the Services, who has created a User Account.

    User Account means an account created in accordance with the requirements of the Website by a User.

    User Content means any information, images, data, graphics, text or other material that is transmitted, emailed, posted, uploaded or otherwise made available to us by you as a User.

    WayWiser, us, we, our means WayWiser Limited.

    Website means any WayWiser website including www.waywiser.co.nz and any other website, internet property or application (including any applications for mobile devices) that are owned or operated by WayWiser.

    You and your is a reference you as a User.

    When we say “including” or “includes” in these Terms, we mean including or includes and “without limitation”.

  3. Our Services And Website

    Description of our Services and Website

    Through our Website and Services, we provide an:

    online platform to enable Users to communicate and organise Adventures; and

    a range of Payment Tools that facilitate the organisation of adventures and continued upkeep and maintenance of relevant Adventure facilities.

    WayWiser is not a tour operator or provider of Adventures, and is not responsible for the organisation or success of any Adventure. The Website displays information about Adventures uploaded by Users and allows Users to rate and review Adventures they have attended and other Users that attend the same Adventure.

  4. Registration And Eligibility

    Creating your User Account

    If you wish to access the Website in order to offer an Adventure or participate in an Adventure, you must create a User Account. Any use of the Website or Service is void where prohibited. By accessing and using the Website or Service, you represent and warrant that you have the right, authority and capacity to enter into this agreement and abide by all of the Terms.

    Creating a User Account is free.

    You may only create a User Account if you:

    are at least 18 years old;

    have not, within the last 5 years, been convicted of a criminal offence (whether in New Zealand or any other jurisdiction) which carries a maximum penalty of in excess of 2 years imprisonment;

    provide accurate, complete and truthful information as required by the Website User Account creation process;

    provide a valid email address and password;

    subject to the provisions contained in our Privacy Policy, consent to us contacting you about your User Account (including to verify the details you have provided to us in your User Account) or the Services; and

    keep your User Account information current (including but not limited to your contact details).

    Your User Account security

    It is your responsibility to maintain the confidentiality and security of any information that may be used to access your User Account, including your password.

    Importantly, you agree that you will:

    not share your password, login information or other security related information with any other person that may allow them to access your User Account;

    not permit any other person to use or access your User Account or login information;

    notify us if there has been, or you suspect there has been or will be any unauthorised use of your User Account; and

    only create one User Account (for the avoidance of doubt this means you will not register as a User under multiple personas (whether false or not)).

  5. Website And Service Use Rules

    Your obligations

    The purpose of our Website and Service rules is to facilitate a safe and enjoyable experience for all Users. When you use our Website or Services or participate in or organise an Adventure, you agree that you will:

    comply at all times with New Zealand law, including any health and safety, local government and privacy laws;

    not infringe upon the rights of any person or entity, including Intellectual Property Rights, privacy, and/or contractual rights;

    not use our Website or Services for the purpose of sending unsolicited marketing messages (or “spam”);

    treat other Users with respect and not harass, abuse or store personally identifiable information about any other User;

    not post any Adventure in a manner that compares the Adventure you offer with any other Adventure, and/or creates a negative impression of, or discredits, any other Adventure;

    not interfere with another User’s use and enjoyment of an Adventure, the Services or the Website;

    not interfere with or attempt to impair our computer systems or transit software viruses, worms, other harmful files or other malware;

    not use a robot, spider, scraper or other unauthorised automated means to access the Website or the Services or any content shown on the Website; and

    not attempt to gain unauthorised access to any part of the Website or the Services, including attempting to gain access to a User Account other than yours.

    Your Interactions with Other Users

    You are solely responsible for your interactions with other Users. You understand that we currently do not conduct criminal background checks or screenings of our Users. We also do not inquire into the background of our Users or attempt to verify statements made by our Users. We make no representations or warranties as to the conduct of Users. We reserve the right to conduct any criminal background check or other screenings at any time and using any publicly available records.

    We are not responsible for the conduct of any User. Without limiting section 10 of these Terms in any way, in no event shall we, or our directors, officers, employees, affiliates or partners (if any), be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Service including, without limitation, death or bodily injury, and or any other damages resulting from communications or meetings with other Users or persons you meet through the Website or Services.

    You agree to take all necessary precautions in all interactions with other Users, especially if you decide to meet in person, or if you decide to send money to another user. In addition, you agree to review and follow our Safety Policy prior to using the Website or Service.

    Non-commercial Use by Users

    The Services and Website are for personal use only. Users may not use the Service or Website or any content contained in the Services or Website in connection with any commercial endeavours. Users of the Services or Website may not use any information obtained from the Website or Services to contact, advertise to, solicit, or sell to any other User without our prior express consent. Organisations, companies, and/or businesses may not use the Services or Website for any purpose except with our prior express consent (at our sole discretion).

  6. Payment Policies

    If Users decide to make any payments using our Payment Tools the following payment policies apply:

    Any payments made by Users through the Website will be collected using our third party payment provider, Braintree, a division of PayPal, Inc (or any other third party payment provider that providers a similar service which we may determine from time to time).

    Payment processing is subject to the terms and conditions and policies of Braintree (or any other third party payment provider incorporated into our Payment Tools).

    We are not responsible for the processing of any payment made by Users using our Payment Tools (including any third party payment systems incorporated into our Payment Tools).

    Users must make payments in New Zealand dollars (with any currency conversion fees being payable by the User).

    Users will be required to pay a Booking Fee to us in New Zealand dollars when using a Payment Tool, You will be notified of the specifics of any Booking Fee before you make any payment using a Payment Tool.

    At such time as you use a Payment Tool, you will be notified of any specific payment terms and refund policy relevant to the specific payment tool.

  7. Terminating Your User Account

    Termination by you

    You may at any time and for any reason, close your User Account by contacting us via email at [email protected]

    Termination by us

    We may refuse to create a User Account for you, or close your User Account and terminate, suspend or modify your access to the Website and/or the Services without giving any prior notice to you at any time at our discretion.

    Without limiting the foregoing, we may terminate, suspend or modify your use of your User Account and the Website and/or the Services in the following circumstances:

    we receive a serious complaint or multiple complaints about you from any other User;

    you breach these Terms;

    you impersonate another person;

    we consider any conduct by you (whether or not that conduct is related to the use of the Website or the Services) puts the Website, the Services or other Users at risk;

    we, in our reasonable opinion deem your behaviour to be unacceptable; and/or

    your conduct may, in our reasonable opinion, bring WayWiser (or its Website or Service) or another User into disrepute or adversely affect their respective reputations or image.

  8. Intellectual Property

    Intellectual property owned by us

    WayWiser (and/or its suppliers and licensors) own all Intellectual Property Rights in and to the Website, the Services and the software and other material underlying and forming part of the Services and the Website.

    Unless you obtain our prior written consent, you must not use, adapt, reproduce, store, distribute, publish, broadcast, display or create derivative works from any part of the Website or the Services.

    Your licence for use of the Services

    When using the Website or Services we grant you a limited, non-exclusive, non-transferable licence to access and use the applicable software, tools or applications only as required for your use of the Services and as expressly permitted by these Terms.

    We reserve all right, title and interest not expressly granted under this licence to the fullest extent possible under applicable laws.

  9. User Generated Content

    User Responsibility

    You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (Post) on the Website or transmit to other Users. You may not Post on the Website or transmit to us or any other User, any offensive or illegal material, or any material that infringes or violates another person’s rights (including Intellectual Property Rights, and rights to privacy).

    Your representations and warranties

    You represent and warrant that any User Content:

    is original work, and that you own or otherwise control the rights to the User Content;

    does not violate these Terms, any law, or any third party Intellectual Property Rights; and

    is not offensive, vulgar, indecent or inappropriate for the audience of Users.

    Removal of User Content

    We may, at any time, with or without any prior notice to you, remove, block or modify any User Content from the Website or Services for any reason whatsoever at our sole discretion.

    Licence you grant to us

    You grant us a nonexclusive, transferable, royalty free, perpetual right to use, sub-license, reproduce, modify, copy, distribute, transmit, display, translate, publish and create derivative works from User Content throughout the world in any form for any purpose that is related to or in connection with WayWiser.

    You assign us the right to pursue the enforcement of copyright and other intellectual property claims against third parties that have, without authorisation and in violation of these Terms copied, used, modified, displayed or distributed User Content, unless you have granted that third party a separate licence to use the User Content.

  10. Service Limits, Disclaimers And Limitations Of Liability

    No agency

    WayWiser provides an online platform for Users (in the form of the Website and Service), and except as expressly provided for under these Terms, WayWiser is not acting as an agent for any party. Any User organising an Adventure is an independent operator and is not an employee, contractor or agent for WayWiser.

    No responsibility or liability for content or conduct of Users and no responsibility or liability for Adventures

    Any information that you rely on, or payment you make using the Website or the Services are entirely at your own risk. You are solely responsible for the actions you take in reliance on the information available on or accessed through the Website and/or the Services.

    WayWiser has no responsibility nor liability for:

    the conduct of Users, including without limitation no responsibility for Users who have created a User Account under false pretences and act fraudulently;

    the ability of any User to complete a payment, and the ability of a User to organise or attend an Adventure;

    any required permits, licences, access or other rights required for a User to complete an Adventure;

    compliance with any laws that apply to an Adventure, including health and safety laws and regulations, the Organiser and Participant are solely responsible for safety on and enjoyment of an Adventure;

    User Content posted on the Website;

    act, omission, representation or breach of any duty at law by any User;

    the accuracy, reliability, completeness and correctness of any information (including any data, images, opinions, advice, representations and descriptions about any Adventure or User) displayed, stored, described or contained on the Website or provided during the course of using the Services;

    any representations, warranties, breaches, negligence, misconduct of any User; and/or

    any personal injuries, property damage or any other damages or expenses resulting from an Adventure, any act or omission of a User or any other product or service that is provided to you by a User.

    No endorsement or verification of Users or User Content

    WayWiser does not:

    endorse any User or Adventure. Each User is responsible for determining the suitability of any Adventure for themselves;

    verify the identity of, or conduct any background or reference checks on any User; or

    verify, endorse or take any responsibility for any User Content, including any photos, reviews or other comments made by a User.

    No warranties

    The Website and the Services are provided on an “as is” and “as available” basis. To the maximum extent permitted at law, WayWiser disclaims and excludes all implied conditions or warranties as to the Website and the Services. Without limiting the foregoing WayWiser does not:

    give any warranties of merchantability, fitness for a particular purpose and non-infringement;

    make any warranties regarding the quality or standard of any Adventures listed on our Website or the abilities, skill or experience of any User;

    warrant that the Website and/or the Services will be compatible with your equipment; or

    warrant that the Website and/or the Services will be free from errors, loss, destruction, interruption, corruption (including corruption of data), or that the Website and/or the Services will be timely or secure.

    No liability for your use of the Services and the Website

    Except as required by law, WayWiser will not be liable or responsible for any damages arising from the use (or inability to use) of the Website and the Services, including any loss, costs or damages arising from any:

    corruption or loss of data or other information;

    malware that may be transmitted to your computer by use of the Services and/or the Website; or

    interruption, suspension or discontinuance of the Website or the Services.

    To the maximum extent permitted by law, this limitation of liability applies to damages of any kind, including direct, indirect, consequential, incidental, loss of income, profit, data, property and claims by third parties.

    No liability for loss of profit, indirect and consequential damages or wilful acts

    Except as required by law, WayWiser will not be liable for any indirect or consequential loss, loss of profit or any costs, expenses or other claims whatsoever for any consequential compensation which arise out of, or in connection with any breach of contract (being these Terms), equity, common law, statutory duty or by reason of any representation, implied warranty or other condition.

    Nothing in these Terms is intended to limit or exclude WayWiser’s liability or your rights if you are a consumer for the purposes of the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

    Liability cap

    Notwithstanding any other provision contained in these Terms, WayWiser’s aggregate liability to you shall in no circumstances exceed an amount equal to that actually recoverable by WayWiser from its own insurance in respect of the relevant claim (noting that WayWiser does not undertake to carry insurance).

  11. Indemnity

    You indemnify WayWiser for any loss, cost, damage or expense of any nature whatsoever suffered or incurred by WayWiser arising out of:

    your breach of these Terms; or

    in relation to any User Content provided by you, the infringement of Intellectual Property Rights of any third party.

  12. Privacy

    These Terms are subject to our Privacy Policy, which governs our use of your personal information. By using our Website and/or the Services, you agree and consent to the collection, use, storage, disclosure and distribution of your information in accordance with the Privacy Policy.

  13. Auditing And Monitoring

    As part of any WayWiser compliance program (to manage compliance with these Terms and any law or requirement of any authority), WayWiser reserves the right to:

    review, audit and monitor (manually or through automated means) your use of the Website and/or the Services;

    take any action we deem appropriate in our sole discretion in accordance with our policies, including suspend or terminate your User Account, edit, remove or block any content that we deem inappropriate or unacceptable, and in the case of any illegal or suspected illegal activity, report any matters to the appropriate authority; and

    access, collect, preserve or disclose information about your use of the Services and/or the Website (including your communications and content you submit) as is necessary to:

    comply with any legal process;

    enforce these Terms;

    respond to any claims or complaints about any content you submit, or act or omissions by you;

    respond to your customer service requests; and

    protect the rights, property, safety of us, any User or the public.

    WayWiser may report any matters relating to a Dispute to law enforcement authorities as appropriate.

  14. Disputes Between Users

    If you have a Dispute with another User, you must notify by email using [email protected]

    WayWiser has no obligation to, monitor and/or manage Disputes between Users, however if we are requested to, and we choose to do so, we may assist with the communication between Users who are in dispute.

    WayWiser may report any matters relating to a Dispute to law enforcement authorities as appropriate.

  15. General Terms

    Force majeure

    WayWiser has no liability to you for any lack of performance, unavailability or failure of the Service and/ or Website, or failure by WayWiser to comply with these Terms where the same arises from any cause reasonably beyond the control of WayWiser.

    Notification of changes to these Terms

    We may amend these Terms from time to time by posting the revised version on our Website. We will provide you at least two weeks’ notice of any changes by either posting a notice of the intended change on the Website or by emailing you. If you continue to use the Website and Services following the effective date of any amendments, you will be deemed to have accepted the amendments. If you do not accept the amendment, you will not be penalised but you must stop using our Website and the Services.

    Notices and electronic communications

    We may provide you with notices, including notices relating to these Terms by way of electronic communications, including by email or other electronic communication on the Website or through the Services.

    No waiver

    If we do not exercise or enforce any rights available to us under these Terms and Conditions, that does not constitute a waiver of those rights.

    No assignment

    You may not assign, transfer and/or subcontract any of your rights under these Terms.

    Severability

    If any provision contained in these Terms is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these Terms will remain in full force and effect and will not in any way be impaired.

    Contact us

    For any questions about the Website or the Services, please contact us:

    Email: [email protected]

    Governing law

    These Terms are governed by New Zealand law, and you agree that the courts of New Zealand shall have non-exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms.