Welcome to Bookus, New Zealand's service bookings website. These terms and conditions are intended to help keep Bookus a safe place for all users.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Bookus offers you access to the Services and the Website. By registering as a member of Bookus you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Bookus from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
1.3 Terminology: In these terms and conditions, certain expressions have specific meanings as follows:
2.1 The services: Bookus provides a venue to introduce members who want to list and/or book appointments for member's services. Bookus does not take any part in the sale of items other than by providing our Website as a venue for members. If a booking is made by a member for another member's service, a contract of service will be formed between the service providing member and the service consuming member directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members.
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Bookus takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Bookus gives no undertakings, representations, or warranties in relation to Members Services listed on the Website.
2.3 Disclaimer: You expressly understand and agree that:
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Bookus to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Bookus' liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.6 Breach: Without limiting any other rights and remedies available to Bookus, Bookus may limit your activities on the Website, remove your bookings or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where Bookus considers it appropriate.
3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in New Zealand and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Bookus to ensure it is kept current at all times. Bookus may phone or mail you to verify these details.
3.3 Termination of membership: Bookus reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Bookus may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
3.5 Emails and newsletters: Bookus will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Bookus products and services to you. Bookus may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
4.2 Your obligations as a Member's Service Provider
4.3 Your obligations as a Member's Service consumer (the person making the booking)
5.1 Bookus Listing Fees and Success Fees
5.2 Bookus Accounts
6.1 System Integrity: Bookus will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Bookus takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Bookus assumes no responsibility for the corruption of any data or information held by Bookus.
6.2 Resolution of disputes: As Bookus is not a party to any transaction between you and another member, you agree not to involve, or attempt to involve, Bookus in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided.
6.3 Force Majeure: Bookus has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Bookus to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Bookus.
6.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
6.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
6.6 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
6.7 Intellectual Property Rights: Bookus (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. You may not without our prior written permission, in any form or by any means:
6.8 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
6.9 Privacy: Bookus collects personal information about you through your use of the Services and the Website, including:
You agree that Bookus may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of Bookus, our users, or others, for promoting and marketing other Bookus products and Services to you, and for any other use that you authorise. You agree to your membership's trading history being published in your feedback.
We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Bookus, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry Of Economic Development. You may contact Bookus to ask whether information has been provided to government agencies.