By joining up as a Local Member of a Business Centre, you confirm that you have read and agree to be bound by these Local Member Terms and Conditions.
These Local Member Terms and Conditions may be amended from time to time and it is your responsibility to check on the Website to ensure you are aware of our current Local Member Terms and Conditions, which you agree to be bound by.
TBM provides various services and support to businesses to assist them to connect with potential customers, including running markets and facilitating the display of business cards and other promotional material at selected local businesses (Business Centres).
You wish to become a Local Member for the Business Centre, and to receive the benefits outlined in these Local Member Terms and Conditions.
We will allow you to do so on the following terms and conditions (as may be amended from time to time).
If you do not accept the following terms and conditions (as may be amended from time to time), you are not authorised to receive the benefits provided to Local Members.
Approved Business Card means a business card in a size and format approved by us and that we otherwise consent to being displayed in a Display, at our sole discretion.
Business Centre means the café(s) and/or other business venue affiliated with TBM that you have selected and we have approved.
Business DirectoryListing means our business directory on our Website.
Business Markets means the business markets conducted by us from time to time.
Commencement Date means the date you join up on the Website and pay the Fee.
Display Board means TBMs display board installed at a Business Centre that holds Approved Business Cards and other material that TBM approves.
Fee means $149.00 plus GST per Business Centre.
Local Member may be referred to as “you” (or Local Members in general).
Local Business Connector means the person we nominate to look after the Business Centre.
TBM may be referred to as "we", "our", "us" or "it".
Website means www.thebusinessmarket.org.
Fees and Renewal
You must pay to us the Fee, in advance, which is not refundable.
This Fee is for each Business Centre if there is more than one.
Your membership will renew each year (subject to our approval), unless you tell us otherwise in advance of the renewal date. Upon renewal, you agree that membership will continue on the most recent version of the Local Member Terms and Conditions.
Once you have paid the Fee, you are eligible to display an Approved Business Card in your one selected business category on the selected Display Board, subject to availability and subject to our discretion. If there is no capacity in the Display Board in your category, you will not be permitted to display an Approved Business Card and you will be refunded the Fee you have paid. The placement of your Approved Business Card in the selected Display Board may change from time to time to give all Approved Business Cards similar exposure and this will be at the discretion of TBM. You are not permitted to change this without consultation with your Local Business Connector.
As well as allowing you to display an Approved Business Card in the Display Board for the year, for the same period we will provide you with a corresponding Business Directory Listing on the Website, based on the information you provided when signing up for your membership.
You are responsible for the cost in producing the Approved Business Cards and other printed material we distribute for you
Obligations and Rights
A Local Business Connector will be your point of contact. The Local Business Connector will endeavour to notify you if your cards are running low. However, you are solely responsible for monitoring stocks and replenishing your Approved Business Cards in the Display Board.
You may only access the Display Board during the time the Business Centre is open to the public. Access to the premises is subject to the rules of the Business Centre and the discretion of the owner or manager of the Business Centre. TBM is not an agent or representative of the Business Centre.
If, while your membership is in force, the Business Centre ceases business or the Display Board is removed from the Business Centre for whatever reason, we may move the Display Board to an alternative Business Centre and your membership will remain in force. If we do not nominate a new Business Centre for the Display Board or if you do not want your Approved Business Card to be displayed in the new Business Centre nominated by us, you are entitled to terminate this agreement under clause 12.3.
Attendance and Publicity
For any Business Markets or other events or gatherings we facilitate, access to the relevant premises is subject to the rules of that premises and the discretion of the owner or manager of that premises. TBM is not an agent or representative of the Business Centre or other premises where these events or gatherings are held.
By engaging in any video or audio recording, having a photo taken of you, or otherwise attending any Business Markets or other events or gatherings (where you acknowledge photos and video recordings will be taken), you consent to any photos, video or audio recording that feature or include you being used by us and our affiliates to promote or refer to us, our affiliates, our events and you. You agree that we may use this material that features or includes you as we see fit in any form or medium.
By signing up you agree to your name and business details being published on our Website, app and other media.
You also consent to receipt of emails from us or our affiliates (including the Business Centre) about the Display Board, the Business Centre, the Business Directory Listing, Business Markets and other things we or our affiliates think may be of interest to you.
We facilitate the advertisement of deals on our Website but we are not responsible or liable for any such advertisements (and related representations made or content posted) or any transactions entered into pursuant to any such advertisement. TBM is not a party to any such transactions and is not responsible for the terms of any such transaction between people, the condition of any goods or services subject to the transaction, or the obligations of any person under any such transaction. If you have an issue with any TBM member you must take this up directly with the member. TBM will not take part in any such dispute.
You must not do anything to damage or otherwise negatively affect the Display Board.
You may not utilise any of our intellectual property associated with TBM (including but not limited to our name and logo), the Display Board or the Business Directory Listing unless expressly authorised in writing by us.
You acknowledge and agree that the presence of your Approved Business Card in the Display Board, listing on the Business Directory Listing and other things we faciliate does not guarantee that you will receive any enquiries as a result of this, and we are not responsible for this.
We facilitate enquiries to you by allowing your Approved Business Card to be displayed in the Display Board and by listing your business details on the Business Directory Listing. However, any dealings between you and a third party that result from this are between you and that third party and we are not involved in such dealings and are not liable for anything related to this.
You are responsible for ensuring that all information on your Approved Business Card and Business Directory Listing is accurate and up to date. If your details change, you must update your Approved Business Card and update your contact details using the dashboard function on the Website as soon as reasonably possible.
You are responsible for ensuring, and you warrant to us, that the contents of the Approved Business Card comply with all relevant laws and regulations. You agree that we and our affiliates do not endorse and are not liable for any representations made by you on the Approved Business Card, on the Business Directory Listing, or otherwise to any third party that we have facilitated your introduction to. You indemnify and hold us and our affiliates harmless for the contents of your business card and any related representations or conduct by you.
You agree that TBM is not liable for any liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) arising out of, or in connection with the Display Board and related services we offer and anything covered by these Local Member Terms and Conditions.
If liability cannot be excluded under clause 11.1, you agree that any such liability is limited to the pro-rata portion of the Fees you paid for the previous month.
Termination or Expiry
We may terminate this agreement without notice if you have breached a term of this Agreement or if you have engaged in unethical business practice, in our sole discretion. If we terminate the agreement in these circumstances, no refund will be provided to you.
We may terminate this agreement without cause upon one month’s notice, including if the Business Centre ceases to be associated with TBM. If we terminate the agreement in these circumstances, we will refund you from the effective date of termination on a pro-rata basis.
You may terminate this agreement without cause upon two months’ notice. No refund will be provided if you terminate this agreement.
Upon termination or expiry of this agreement, your business cards will be removed from the Display Board, your business will be removed from the Business Directory Listing, and you must cease all use of our intellectual property (including but not limited to our name and logo).
In the event you wish to reinstate your Approved Business Cards in the Display Board and Business Directory Listing this will be subject to approval and availability and payment of the current membership Fee.
All fees are in New Zealand Dollars unless otherwise stated.
All transactions exclude GST.
This agreement will be construed and take effect as a contract made in New Zealand and will be governed by New Zealand law, and the parties submit to the exclusive jurisdiction of the New Zealand courts.
A party’s failure to insist in any one or more instances on strict performance of any of this agreement’s terms, or any party’s waiver of any term or right under this agreement or of any default by any other party, will not be taken as that party’s waiver of that term, right or default in the future.
No provision of this agreement will be construed adversely to a party solely on the ground that the party was responsible or not responsible for the preparation of this agreement or that provision.
You may not assign the rights and obligations in this agreement without the prior written consent of TBM, which may be given or withheld in TBM’s absolute discretion. TBM may assign this agreement at any time by notice to you.
Where any provision of this agreement is invalid or not enforceable in accordance with its terms, other provisions of the agreement which are self-sustaining and capable of separate enforcement are, and continue to be, valid and enforceable in accordance with their terms.
If you require any further information, or if you have an issue or complaint, please contact us at: firstname.lastname@example.org