1.1 Hospo Connect is the creator and provider of the Platform. By signing up to the Platform you are agreeing to be bound by these Terms.
2.1 Hospo Connect may amend these Terms at any time by posting an updated version to the Website and sending out a notification on the App. By continuing to use the Platform from the date on which the Terms are changed, you agree to be bound by the changed Terms.
2.2 You can review the most current version of the Terms on the Website. The Terms were last updated on 2 July 2021.
3.1 When using the Platform, you must:
3.2 We will strive to ensure that the Platform is available for your use on a 24/7 basis. However, we make no guarantees that the provision of the Platform will be uninterrupted, error-free or virus-free.
3.3 We may, at any time, take down or make unavailable all or parts of the Platform to permit maintenance or development activity to take place. We will use all reasonable endeavours to notify you of such outages by way of notifications on the Website or App.
3.4 Hospo Connect accepts no liability to you in respect of any outage or fault in the Platform.
4.1 You agree to pay all Fees at the times and using the payment methods described in the Platform, or as otherwise agreed between you and Hospo Connect. Your continued permitted use of the Platform is subject to your payment of the Fees.
4.2 Hospo Connect is not liable to reimburse fees paid by you in relation to disputed or failed transactions undertaken on the Platform.
5.1 To the maximum extent permitted by law:
6.1 You will be liable to us for, and indemnify us against, any damage suffered by us resulting from your improper use of the Platform or breach of these Terms.
6.2 We assume no liability for the availability, functionality or suitability of the Platform, and, despite any other term of these Terms:
6.3 Hospo Connect shall have no liability whatsoever to you, or any other person, in respect of any incorrect, inaccurate or delayed transmission of any transaction performed by you on the Platform.
6.4 You agree not to involve, or attempt to involve, Hospo Connect in any dispute or claim arising in respect of any transaction which took place on the Platform.
7.1 Hospo Connect owns, or has obtained the right to use, all Intellectual Property Rights in the Platform, including all content and software code underlying the Platform, and any improvements, enhancements, modifications or adaptations to the Platform.
7.2 You agree that you will not, in any manner or by any means, reverse engineer, resell, adapt, reproduce, copy, store, distribute, print, display, publish or create derivate works from any part of the Platform, or attempt to commercialise, copy or sell any information or matters derived from the Platform.
7.3 You retain all, and Hospo Connect does not claim any, Intellectual Property Rights in the material you upload to the Platform, or otherwise provide as part of using the Platform.
7.4 By uploading material to the Platform, you agree that other users can view it and you agree that Hospo Connect may store and display it on the Platform. Hospo Connect may remove content that it considers in its sole discretion to be objectionable.
7.5 All comments, feedback, suggestion, ideas and other submissions disclosed, submitted, or offered to us by you or any other user (Feedback) shall be (and shall remain) owned by Hospo Connect. We will be free to use, without restriction and without compensation to you or any other person, any ideas, concepts, know-how, suggestions, or techniques contained in any Feedback for any purpose whatsoever.
8.1 Hospo Connect will collect certain information about you as a result of your use of the Platform. Hospo Connect may use this data (along with third parties) to provide the Platform to you.
9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Platform.
9.2 Any suspension or termination will take effect immediately and you will remain liable for all Fees incurred prior to such termination or suspension.
10.1 These Terms, and any dispute relating to these Terms or the Platform, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of NewZealand in relation to a dispute connected with these Terms or the Platform.
10.2 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms shall remain binding on you.
10.3 These Terms set out everything agreed by the parties relating to the Platform, and supersede and cancel anything discussed, exchanged or agreed prior to the date these Terms are published on the Website or App. You have not relied on any representation, warranty or agreement relating to the Platform that is not expressly set out in these Terms.
11.1 In these Terms, the following terms have the following meanings: