PlanMyEvent Terms and Conditions
The Terms apply to use of the Website, including use of the Website to sell or purchase an Event Service. In using this Website, you agree to be bound by the Terms.
We reserve the right to amend the Terms from time to time. Amendments will be effective when they are posted on the Website. Your continued use of the Website following such posting will represent an agreement by you to be bound by the amended Terms.
1.1 In these Terms, the following terms shall have the meanings specified:
“Amount Due” means the Purchase Price less the Commission.
“Bank Account” means a User’s New Zealand domiciled bank account number under which all payments due to that User by us will be made.
“Commission” means commission payable by the Supplier to us, being 8.7% of the Purchase Price plus GST (if any).
“Deposit” means 30% of the Purchase Price and is in part payment of the Purchase Price.
“Event Service” means a service listed on the Website by a Supplier.
“Objection” means the Organiser’s objection set out in clause 5.3.
“Organiser” means any person who has completed the registration process and who has purchased an Event Service or has otherwise transacted with a Supplier in respect of an Event Service.
“Purchase Price” means the purchase price of an Event Service.
“Stakeholder” means Secure Online Holdings Ltd, a separate company of ours and which we will make sure complies with its obligations under the Terms.
“Stakeholder Account” means the Stakeholder’s New Zealand domiciled bank account as notified to an Organiser.
“Supplier” means any person who has completed the registration process and who lists any Event Service.
“Terms” means the terms and conditions set out on this page of the Website.
“User” means either an Organiser or a Supplier.
“we”, ”us” and ”our” is a reference to PlanMyEvent Limited.
“Website” means PlanMyEvent.co.nz
“Working Day” means a day other than a Saturday or Sunday, or a statutory public holiday in Auckland, New Zealand.
“you” and “your” means you.
2. Website Purpose
2.1 The Website enables Suppliers to list Event Services and Organisers to locate and purchase Event Services. An agreement for the provision of an Event Service entered into by a Supplier and an Organiser is strictly between those Users. We do not act as an agent for either User and we are not a party to any such agreement.
2.2 Any transactions between you and other Users, including entering into an agreement for an Event Service are carried out at your sole risk. Any undertakings, representations, or warranties given to you or any other person by a party to an agreement for an Event Service are not given by us or on our behalf.
3.1 To become a User you must complete your registration details as provided in the Website including providing us with your Bank Account details. We hold all details securely [briefly describe how they are held]. You must be 18 years old or over in order to become a User. It is free to become a User but you cannot transfer your status as a User to any other person.
3.2 You agree to ensure that your registration details are true and accurate at all times. You must notify us of any change to your registration details as originally supplied.
3.3 We reserve the right to terminate your status as a User at any time if you breach the Terms.
4. The Rules
4.1 Rules for all Users
4.1.1 All Event Services must be provided entirely in New Zealand.
4.1.2 The Purchase Price must be in New Zealand Dollars and shall be GST inclusive.
4.1.3 You agree to accept any payments to be made to you by us by way of deposit into your Bank Account.
4.1.4 Other than through the Website, you may not enter into an agreement for an Event Service with any User who was introduced to you through the Website.
4.1.5 You shall not include your personal contact details including your email address or phone number on the Website other than in a manner expressly permitted by us.
4.1.6 All written corrospondence with be conducted through the websites internal messaging service.
4.1.7 You shall not damage or disrupt the Website or any system connected or related to the Website.
4.1.8 You shall not abuse, defame, threaten, harass, stalk or impersonate any other person or act in any other way towards another person that we in our sole discretion consider is inappropriate.
4.1.9 You are solely responsible for any content that you place on the Website. You may not post, distribute, or reproduce in any way any copyrighted material, trade marks, or other proprietary information unless you have obtained the written consent of the owner of such proprietary rights. You also may not post any content that we in our sole discretion deem objectionable including anything illegal, pornographic or racially offensive.
You shall not when you are using the Website, breach any applicable laws or regulations including any breach of the Fair Trading Act 1986, the Consumer Guarantees Act 1993 and the Sale of Goods Act 1908.
4.2 Rules for Organisers
4.2.1 Where you make an offer to purchase an Event Service:
(a) and there are no terms to be negotiated in relation to the provision of the Event Service, a binding agreement for the supply of the Event Service will exist between you and the Supplier; or
(b) if there are terms to be negotiated in relation to the provision of the Event Service, a binding agreement for the supply of the Event Service will exist between you and the Supplier once all terms have been agreed.
4.2.2 Where you make an offer to purchase an Event Service, you agree that your contact details can be given to the Supplier by us for the purpose of contacting you in respect of that Event Service.
Rules for Suppliers
4.2.3 When listing your Event Service on the Website, you must ensure:
(a) that the listing is accurate, up to date and includes any terms of service under which you will offer the Event Service;
(b) that to the best of your knowledge you will be in a position to provide the Event Service;
(c) that you are legally entitled to provide the Event Service;
(d) that any link to a website contained in your listing does not :
(i) promote another business or service outside of the Event Service.
4.2.4 In the case that any representative of PlanMyEvent creates, changes or updates a listing on your behalf you are still entirely responsible for ensuring that it meets all the conditions set out in 4.2.3
4.2.5 We reserve the right to remove any listing for an Event Service, which we deem, in our sole discretion, is in breach of the Terms.
4.2.6 Where you receive an offer for an Event Service:
(a) and there are no terms to be negotiated in relation to the provision of the Event Service, a binding agreement for the supply of the Event Service will exist between you and the Organiser; or
(b) if there are terms to be negotiated in relation to the provision of the Event Service, a binding agreement for the supply of the Event Service will exist between you and the Organiser once all terms have been agreed.
4.2.7 Where you enter into an agreement for the provision of an Event Service with an Organiser, you shall not amend the terms of that agreement without the written consent of that Organiser.
4.2.8 When you list an Event Service, you agree that Users may contact you through your contact details given in the listing for the purposes of obtaining further information about the Event Service.
4.2.9 You may not seek to avoid paying the Commission for an Event Service, including by attempting to enter into an agreement for an Event Service other than through the Website.
5.1 When an agreement is made for the provision of an Event Service, the Organiser must pay to the Stakeholder Account:
(a) the Deposit, immediately; and
(b) the balance of the Purchase Price no later than 7 days prior to the date the Event Service is to be provided.
5.2 The Stakeholder agrees to hold the Purchase Price and any other money received from an Organiser as bare trustee, in the Stakeholder Account. All interest earnt on the money held in the Stakeholder Account belongs to us.
5.3 We will direct the Stakeholder (and the Stakeholder agrees to comply with that direction) to pay the Amount Due to the Supplier 3 Working Days after the performance of the Event Service, unless the Organiser notifies us in writing that it objects to payment of the Amount Due or any part of the Amount Due to the Supplier due to non-performance or partial non-performance by the Supplier (including all the Supplier’s officers, employees and agents) of the agreement for the Event Service (Objection).
5.4 Following the receipt of an Objection, unless we in our sole discretion decide that the Objection is unreasonable or unfounded, we will direct the Stakeholder (and the Stakeholder agrees to comply with that direction) to continue to hold the proportion of the Amount Due disputed in the Stakeholder Account until:
5.4.1 we receive a written direction from both Users to release the Amount Due or any part of the Amount Due to a specified party; or
5.4.2 we are directed by a Court or other competent authority to release the Amount Due.
5.5 The Stakeholder is authorised to:
5.5.1 deduct the Commission from the Deposit and pay it to us;
5.5.2 pay interest earnt on money held in the Stakeholder Account to us, as and when we direct; and
5.5.3 pay the Amount Due in accordance with clauses 5.3 and 5.4.
5.6 Once the Purchase Price or any part of the Purchase Price is released from the Stakeholder Account in accordance with this clause 5, no further responsibility will be taken by us or the Stakeholder for that part of the Purchase Price released.
6.1 Commission will be deducted once a Supplier accepts an Organisers booking request and thus enters into a binding agreement with an Organiser for the provision of an Event Service.
6.2 Of the deposit amount 8% will be deducted as commission and is non refundable.
6.3 We reserve the right to change the amount of the Commission charged. However, any change in Commission will only apply to those agreements for Event Services that are entered into after the change in the amount of Commission charged is posted on the Website.
7. Intellectual Property
7.1 We either own or have the right to use the copyright, trademarks or other intellectual property in the Website and any software underlying the Website. You must not, nor must you permit any other person, to copy, modify, reproduce or distribute such intellectual property without our consent.
7.2 You grant us a non-exclusive, transferable, royalty free licence to use any content that you post on the Website. This licence will end when such content is completely removed from the Website.
8. Disclaimer and Limitation of Liability
8.1 If you use the Website for purposes other than in relation to a business, we accept that you may have rights under the Consumer Guarantees Act 1993. However, if you use the Website for business purposes, then that Act does not apply.
8.2 You acknowledge that your use of the Website is at your own risk and that the Website is not warranted to be error free or uninterrupted. In particular, we make no warranty that the Website will:
8.2.1 operate on a continuous or fault free basis, or at any particular time or location;
8.2.2 be secure or private; and/or
8.2.3 be free of viruses or other harmful features.
8.3 To the fullest extent permitted by law, we (including our officers, employees and agents) will not be liable, whether in contract, tort (including negligence), equity or on any other basis to your or any third party for any direct, indirect or consequential damage, loss, cost or expense, damage to property, injury to persons, loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had arising in relation to the Website.
9. Disclaimer of Advertisements
9.1 Responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers’ own web sites) are the sole responsibility of advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
10. Disclaimer of Other Sites
10.1 Links to any websites outside of the Website are provided as a convenience to you. We do not necessarily endorse the content of such websites and we make no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness or usefulness of the information in the websites, nor do we assume any legal responsibility for the accuracy, completeness or usefulness of the information in the websites.
11.1 You shall indemnify us (including all our officers, employees and agents) from and against all claims, costs (including solicitor and client costs), expenses, demands or liability, damages and losses whether direct, indirect, consequential or otherwise and whether arising in contract, tort (including in each case negligence), or equity or otherwise arising directly or indirectly from your use of the Website or your breach of any of the Terms or any other obligation that you may have to us.
12. Dispute Resolution
12.1 Where any dispute arises between you and another User, you agree to try your best to try and resolve the dispute in good faith through mediation, negotiation or other informal means prior to undertaking any other action. You acknowledge that we are not a party to such dispute.
13. Governing Law
13.1 The Terms and the Website are governed by New Zealand law. Any disputes between you and us will be subject to the jurisdiction of the New Zealand Courts.
14.1 We collect personal information about you when you use the Website including when you register to be a User. All correspondence through the site may also be monitored by us. We will not allow any third parties to access your personal information without your consent unless we believe that we are required by law to disclose such information.
15.1 All Notices to us should be sent to PlanMyEvent Ltd, 56 Sandspit Rd, Howick, Auckland or emailed to us at info@PlanMyEvent.co.nz.