Market Terms and Conditions

By completing the “banner up” process on the Website or otherwise attending a Business Market, you confirm that you have read and agree to be bound by these Market Terms and Conditions.   

These Market 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 Market Terms and Conditions, which you agree to be bound by.

  1. Background

    1. TBM provides various services and support to businesses to assist them to connect with potential customers, including running Business Markets.

    2. You wish to attend a Business Market.

    3. We will allow you to do so on the following terms and conditions (as may be amended from time to time).

    4. If you do not accept the Market Terms and Conditions (as may be amended from time to time), you are not authorised to attend a Business Market nor receive the benefits provided to Market Attendees.

  2. Definitions

Approved Banner means a banner in a size and format approved by us and that we otherwise consent to being displayed, at our sole discretion.

Business Markets means the business markets conducted by us from time to time, as advertised on the Website.

Exhibitor means a Market Attendee that we have approved to attend a Business Market as an Exhibitor under clause 4.

Market Attendee means people that attend Business Markets, including Exhibitors and may be referred to as “you” (or to Market Attendees or Exhibitors in general).

TBM may be referred to as "we", "our", "us" or "it".

Website means www.thebusinessmarket.org.

  1. Market Attendees

    1. It is free to attend a Business Market as a visitor.  

    2. Clause 4 applies to Exhibitors.

    3. All other clauses in these Market Terms and Conditions apply to Market Attendees, whether they are Exhibitors or not.

  2. Exhibitors

    1. Exhibitors must pay to us the relevant fee for a Business Market, in advance, which is not refundable. This fee is for each Business Market.

    2. Once you have paid the required fee, you are eligible to attend the related Business Market and display your Approved Banner at your designated position at the Business Market. 

    3. The position of your Approved Banner is subject to our approval and discretion.  You are not permitted to change this without consultation with your us.

    4. You are responsible for the cost in producing the Approved Banners and other printed material we may distribute for you.

    5. You acknowledge and agree that the presence of your Approved Banner and your presence at a Business Market does not guarantee that you will receive any enquiries as a result of this, and we are not responsible for this.  

    6. We facilitate enquiries to you by allowing you to attend a Business Market and display your Approved Banner.  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.

    7. You are responsible for ensuring, and you warrant to us, that the contents of the Approved Banner and any communications you make are accurate and 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 Banner or otherwise to any third party. You indemnify and hold us and our affiliates harmless for representations or conduct by you.

  3. Food and Beverage

    1. If you would like to purchase any food or beverage at a Business Market you are responsible for any such transaction.  TBM is not responsible for, and you hold us harmless, for anything related to food or beverage served or intended to be served at a Business Market, including related to service or the quality or quantity of the food or beverage.

    2. If we facilitate payment for food or beverage to be served at a Business Market you acknowledge that we are only responsible for the payment itself.

  4. Related Events

    1. Our affiliates may offer educational events at, or in conjunction with, a Business Market.  TBM is not responsible for, and you hold us harmless, for anything related to these educational events.

    2. If we facilitate payment for you to attend one of these educational events you acknowledge that we are only responsible for the payment itself.

  5. Attendance

    1. 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 premises where Business Markets are held.

    2. We may at any time require you to leave the Business Market if your presence or behaviour is disruptive or is affecting the enjoyment of others or otherwise at our discretion.

Publicity

    1. By engaging in any video or audio recording, having a photo taken of you, or otherwise attending any Business Markets (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.

  1. Communications

    1. By attending a Business Market you agree to your name and business details being published on our Website, app and other media. 

    2. You also consent to receipt of emails from us or our affiliates about things we or our affiliates think may be of interest to you.

    3. Please see our Privacy Policy for further details, which you confirm you have read and agree to.

  2. Exhibitors, Speakers and Give Aways

    1. We facilitate Exhibitors and speakers to be at a Business Market but we are not responsible or liable for representations made by Exhibitors or speakers or any transactions entered into pursuant to a Business Market.  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 Exhibitor  or speaker you must take this up directly with the Exhibitor.  TBM will not take part in any such dispute.

    2. Exhibitors or third parties may give away prizes or other things at Business Markets.  TBM is responsible for any such give aways, 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 give away you must take this up directly with the third party.  TBM will not take part in any such dispute.

  3. Property

    1. You must not do anything to damage or otherwise negatively affect any property at a Business Market.

    2. You may not utilise any of our intellectual property associated with TBM (including but not limited to our name and logo) unless expressly authorised in writing by us.

  4. Changes

    1. You acknowledge we have the right to change any and all aspects of the Business Market, including the theme, content, speakers, hosts, venue and time or date. TBM is not responsible for any loss or extra expense you may have due to any such change.

  5. Liability

    1. 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 a Business Markets, related services we offer and anything covered by these Market Terms and Conditions.

    2. If liability cannot be excluded under clause 12.1, you agree that any such liability is limited to the fee you paid to attend the Business Market in question.

  6. General

    1. All fees are in New Zealand Dollars unless otherwise stated.

    2. All transactions exclude GST.

    3. 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.

    4. 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.

    5.  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.

    6. 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.

    7. 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.

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