General Terms and Conditions

Thank you for using www.thebusinessmarket.org (the Website).  

These General Terms and Conditions of Use and Privacy Policy (together, General Terms and Conditions) apply to you whether:

  1. you are just visiting our Website and using the non-restricted sections of the Website;

  2. you have signed up as Member and are using the restricted sections of the Website; and/or

  3. you are utilising our Services.

By accessing and using the Website or utilising our Services, you agree to be bound by these General Terms and Conditions.  

You confirm that you have read, and that you agree with, our General Terms and Conditions.  If you have not read, or if you do not accept, our General Terms and Conditions, you are not authorised to use our Website or to utilise our Services.

These General Terms and Conditions may be amended from time to time and it is your responsibility to regularly check this section on the Website to ensure you are aware of our current General Terms and Conditions. Your use of our Website or utilisation of our Services at any time is taken as your agreement to our General Terms and Conditions that apply at the time. 

  1. Definitions

    1. The Business Market Limited, the owner of the Website, business and related IP Rights, may refer to itself as TBMwe, our, us or it throughout any page of the Website, including the General Terms and Conditions.  You, as a User of the Website, may be referred to as you, person, User, or Member, as is relevant in the context.

    2. In the General Terms and Conditions, the following words have the meanings set out below:

Business Markets means the business markets conducted by us from time to time.

Confidential Information means any Content that is not in the public domain and is marked confidential or the recipient knows or ought to know is confidential.

Content means TBM Content, User Content and/or Third Party Content.

IP Rights means any rights in relation to trade marks, copyright and other intellectual property.

Member means anyone that has signed up for our Services.

Member Terms and Conditions means our terms and conditions applicable to the Member, for example our Local Member Terms and Conditions, our Local Alliance Partner Terms and Conditions and our Market Terms and Conditions.

Services means our services as may be advertised on our Website, including services and support to businesses to assist them to connect with potential customers, including running Business Markets and facilitating the display of business cards and other promotional material at selected local businesses.

TBM Content means any any text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, computer code and other information, material or data developed, used, provided or displayed by us, including on the Website or as is underlying the Website.

Third Party means any party that is not a party to these General Terms and Conditions (i.e. is not you or us).

Third Party Content means information, material or data uploaded or inputted on the Website, or otherwise provided, by a Third Party that the Third Party has rights in, including text, graphics, photographs, trade marks, logos and artwork.

User means any user of the Website or our Services, including Members.

User Content means information, material or data uploaded or inputted on the Website, or otherwise provided to us, by a User that the User has rights in, including text, graphics, photographs, trade marks, logos and artwork.

  1. Operation of the Website

    1. The Website is a venue where we advertise our Services and Users can sign up for our Services.

    2. If you would like to receive our Services or attend Business Markets you must sign up using the registration process on the Website (or manual registration process if we allow it) and you must agree to the relevant terms and conditions (see clause 3 below).

    3. We facilitate businesses to connect through our Services.  However, any dealings or transactions between Users is a dealing or transaction directly between those Users (independent of us).  Any transaction you enter into is entirely in reliance on your own judgement and enquiries. Any representations made by any User are not made by or on behalf of us.  We are not acting as agent for either any User. We simply provide the Services for businesses to make contact with each other.

  2. Registration

    1. You must be over 18 years of age to register as a Member and agree you can form a legally binding contract that is enforceable against you under applicable law.

    2. An account may be set up in the name of a corporation, company or business name but an individual person must be responsible for that account.  You may only have one account. Accounts are non-transferable.

    3. You confirm and warrant that the information you provide to us (during the registration process and at any other time) is current, complete and accurate at the time you provide it, and you agree to maintain and update the information as required to keep it so.

    4. Please see our Privacy Policy for details about how we collect, use, and in what circumstances we disclose, your personal information.

    5. If you are completing the “sign up” process, you must agree to these General Terms and Conditions.

    6. If you are completing the “join up” process, you must agree to these General Terms and Conditions and our Local Member Terms and Conditions or Alliance Partner Terms and Conditions, as is applicable.

    7. If you are completing the “banner up” process, you must agree to these General Terms and Conditions and our Market Terms and Conditions.

    8. If there is any inconsistency between these General Terms and Conditions and any Member Terms and Conditions, the relevant Member Terms and Conditions will prevail to the extent of the inconsistency.

  3. Use of your Account

    1. When you become a Member you will be assigned a password of your choice (assuming it meets our password requirements).  You agree to keep your password confidential.

    2. You are the only person permitted to use your account and to transact through the Website.  You must not allow any other person to use your account or to impersonate you.

    3. Any instruction issued, request made or User Content posted or provided using your password will be taken as an instruction, request or posting by you and may be acted upon accordingly.  

    4. You agree to notify us immediately of any unauthorised use of your password or any other breach of security.  Upon your notification, we will cease to rely on that password.

    5. Membership with TBM is a privilege and we may cancel, suspend or restrict your membership at any time should you fail to follow our Member Terms and Conditions.  If we suspend, terminate or restrict your membership you will be prohibited from using the Website (or, where we restrict your use of the Website, you will be restricted to using the Website in the manner we dictate) and/or applying for a new Member account (in your own name or in another name).

  4. Use of the Website and Content

    1. You agree you will not use the Website or Services in any manner that is unlawful or prohibited by the General Terms and Conditions.

    2. Without limiting clause 5.1, you agree you will not (directly or indirectly):

  1. defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy) of others;

  2. hack into any part of the Website or Content through password mining or other means;

  3. commit or encourage a criminal offence;

  4. disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other Users;

  5. impersonate any other person, or forge any material in order to disguise the origin of any Content or communications;

  6. transmit any advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us, or harvest information about other Users in order to transmit or facilitate the transmitting of such materials;

  7. attempt to modify, reverse engineer or reverse-assemble any part of the Website or Content;

  8. breach any applicable laws or regulations; or

  9. engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the General Terms and Conditions or Member Terms and Conditions or is otherwise inappropriate.

  1. We reserve the right to prevent you from accessing the Website if we reasonably believe you have breached the requirements set out in clauses 5.1 or 5.2, and you agree not to access the Website if we ask you not to on this basis.

  2. Without limiting clauses 5.1 and 5.2, you agree you will not provide to us or post or transmit any Content that:

  1. is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable;

  2. is or is reasonably likely to be unsuitable for persons under the age of 18 years;

  3. infringes the IP Rights of any person;

  4. infringes any confidentiality or privacy obligations or other contractual or legal obligations owed to any Third Party;

  5. is incorrect or inaccurate;

  6. is false or misleading or deceptive;

  7. contains any virus (including malware or spyware) or other destructive component;

  8. is prohibited by or violates any applicable laws or regulations; or

  9. otherwise breaches the General Terms and Conditions or Member Terms and Conditions.

    1. We reserve the right to remove any Content which we reasonably believe breaches the requirements set out in clause 5.4.

  1. Intellectual Property

    1. You acknowledge that we are the owner, or an authorised licensee, of all IP Rights subsisting in, or related to, the TBM Content and the Website itself.  You may not reproduce or replicate any part of the TBM Content (including improvements made to the TBM Content during the process of us providing services to you).

    2. Third Parties may have IP Rights in relation to other Content on the Website (that is not TBM Content).

    3. Except for any User Content that you own, no Content may be copied, modified, reproduced, published or transmitted without our prior written consent.

    4. Your use of the Website does not provide you with any IP Rights in the Website or the TBM Content (including improvements made to the TBM Content during the process of us providing services to you).

  2. User Content

    1. You warrant that all User Content uploaded by you or provided to us is true, complete and accurate and is not in breach of any Third Party rights or otherwise objectionable, defamatory, obscene, harassing, threatening, incorrect, misleading, unlawful in any way or otherwise in breach of the Member Terms and Conditions or General Terms and Conditions.

    2. We acknowledge that you are the owner, or an authorised licensee, of all IP Rights vesting in your User Content.  You grant to us a royalty-free, non-exclusive, worldwide licence to use the User Content on the Website and for any use related to the Services.

  3. Confidential Information

    1. We may exchange Confidential Information.  The recipient of any Confidential Information (being you or us) must hold the Confidential Information in strict confidence and not directly or indirectly cause, permit or enable its disclosure, publication, transfer, misappropriation or revelation to any person or entity without the authorisation of the disclosing party.

    2. Any Confidential Information we disclose must only be used in relation to our Services and must be returned or destroyed once we are no longer providing the Services (but the obligations of confidentiality will survive termination or expiry of this agreement).

  4. Links to other Sites

    1. We may include links to other websites not owned by us.  If you visit a linked website, you will be subject to the terms and conditions of that website and any dealing will be solely between you and that other website.  These links do not imply our endorsement of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website.

    2. The Website may be linked to various social networking sites.  You acknowledge and agree that:

  1. any comments or content that you post on such social networking sites though a link provided on the Website are subject to the terms and conditions of the social network site that you post the comments or content on; and

  2. we are not responsible or liable for any comments or content you or others post on social networking sites.

  1. Liability

    1. You acknowledge that we are not liable and we take no responsibility for any transaction entered into by you with any other User and you enter into any such transaction entirely at your own risk.  We are not a party to any such contract between Users and we will not be held responsible for the terms of any transaction between the Users, the representations made by any User, or the obligations of any User under any such transaction.  We do not provide any warranty in relation to any contract between Users and do not act as an agent or broker or representative for any User.

    2. As with any use of online services to provide, upload, store or transmit information, there is a risk of unauthorised access or use of that information by others.  You agree you bear the risk that any Content and Confidential Information (including personal information) could be improperly accessed and used or disclosed and you agree that we are not liable for this.

    3. Our inclusion of links to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, operations, products or services related to those sites. We take no responsibility for any damage or harm arising out of the inclusion of such links.

    4. We do not warrant or guarantee:

  1. the accuracy, correctness or appropriateness of Confidential Information or the Content;

  2. that the Content will be free from viruses (including malware or spyware) or other destructive properties; or

  3. that the operation of the Website will be uninterrupted or error free,

and to the fullest extent permitted by law we will not be liable for any loss or damage arising directly or indirectly from the above.  You acknowledge that the risk as to the operation and performance of the Website and the accuracy and adequacy of the Content lies with you.

    1. You acknowledge that your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new features or services.

    2. To the fullest extent permitted by law, we exclude all liability and responsibility we may have to you or to any other person under or in connection with these General Terms and Conditions.  This exclusion applies regardless of whether such liability arises in contract (including breach of implied warranty), tort (including negligence), equity, breach of statutory duty or otherwise, and includes liability for any incidental, consequential, exemplary, special, or indirect damages (including loss of profits, revenues and/or data).

    3. You must take reasonable steps to mitigate any loss, damage, cost or expense you may suffer or incur arising out of anything done or not done in connection with the Website, Content or these General Terms and Conditions.  We will not be liable for any liability caused by your failure to mitigate any loss, damage, cost or expense.

    4. Where we are unable to limit liability under these General Terms and Conditions due to an applicable law, you agree that our liability will be limited to the amount of your last transaction through the Website.

  1. Indemnity

    1. You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs), expenses or losses arising (directly or indirectly) out of:

  1. any transactions with other Users or Third Parties;

  2. your breach of any of the General Terms and Conditions or Member Terms and Conditions;

  3. any failure or delay by you to meet your obligations in respect of any transaction through the Website;

  4. any reliance by you on Content or any link to another site;

  5. any conduct of yours or any transaction entered into by you that does not comply with the relevant laws or regulations; and

  6. any technical errors or corruption of data on the Website.

  1. Changes to Website

    1. We may at any time without notice remove, amend and/or vary any of the Content or cease operating the Website in whole or in part.

  2. No Waiver

    1. No failure or delay by us to exercise any right or remedy provided for under the General Terms and Conditions, Member Terms and Conditions, or by law, will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that, or any other, right or remedy.

  3. Dispute Resolution

    1. Where any dispute arises between you and another User you agree to in good faith use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action.  You acknowledge that we will not be a party to any such dispute.

  4. Assignment

    1. We may, at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under the General Terms and Conditions or Member Terms and Conditions to any person or party.  You may not assign or transfer any of your rights or obligations under the General Terms and Conditions or Member Terms and Conditions to any other person without obtaining our prior written consent.

  5. Severability

    1. If any portion of the General Terms and Conditions or Member Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.

  6. Third Parties

    1. The General Terms and Conditions and Member Terms and Conditions do not confer a benefit on any person who is not a party to the agreement.

  7. Applicable Law

    1. The General Terms and Conditions and Member Terms and Conditions are governed by and will be construed in accordance with the laws of New Zealand.

    2. You submit to the exclusive jurisdiction of the courts of New Zealand.

  8. Further Information

    1. If you require any further information, or if you have an issue or complaint, please contact us at info@thebusinessmarket.org.