Terms and Conditions of Use
Terms and Conditions of Use
This listing agreement (“agreement”) is a binding and valid legal agreement between (1) the individual or entity listed on the electronic listing application page (the “application page”) accessed via the website (as defined below) (collectively, "you") and (2) BusyBee, LLC ("BusyBee”, “we”, or “us”). This agreement, including all terms listed on the application page set forth the entire agreement between customer and BusyBee.
If a listing is submitted by you on the our website located at www.busybee.nz (the “website”), you agree to be bound by the terms of this agreement, including but not limited to paying BusyBee the fee(s) for listings and referrals described in this agreement and the application page and agreeing that all such fees are non-refundable except as specifically provided herein.
By using the listing services described herein, you agree to be legally bound by the terms of this agreement. If you do not desire to be bound by the terms of this agreement, do not use the listing services described herein.
If you wish to print out this agreement, you should highlight this text, right-click, select “copy” then “paste” it into a document in your word processing program.
Free Listing Process
To apply to our directory, you will submit a complete listing on our Website. We will evaluate your listing in good faith and will notify you only if it is accepted or rejected. We will reject your listing if we determine, at our sole discretion, that your program is unsuitable for our Website. Unsuitable programs include but are not limited to those that: are targeted to adults rather than children, or promote illegal or immoral activities. The Free Listing allows you to upload a business page, create classes, link to your website and social media and get enquiries without any charge.
BusyBee offers additional, premium services for a fee (“Premium Services”). To enable and use the Premium Services, you are required to subscribe to and pay the fees associated with the Premium Services that you have selected in accordance with the terms on the Site, and agree to certain additional terms and conditions of Premium Services (“Premium Service Conditions”). BusyBee will bill you for the use of the Premium Services through your account. The pricing and payment options for the Premium Services are described on the Site and are subject to change. BusyBee may modify the fees for the Premium Services at any time; however, we will provide you at least thirty (30) days notice prior to any changes to the fees taking effect. Unless otherwise stated, all fees are quoted in British Pounds
You agree to pay BusyBee the applicable fees for the use of the Premium Services and you authorize BusyBee to charge your chosen payment provider for the Premium Services. You agree to provide current, complete, and accurate billing and payment information regarding your account and the Premium Services, and to promptly update such billing and payment information with us in the event of any changes. If BusyBee does not receive payment from your payment provider, you agree to pay all amounts due on your account upon demand and BusyBee may temporarily suspend or terminate your access to the Premium Services for nonpayment. Your non-termination or continued use of the Premium Services reaffirms that BusyBee is authorized to charge your payment provider.
Accuracy of class data, Proper content
You are responsible for the accuracy of your data on our website. BusyBee assumes no liability for inaccurate information shown on its website. If you find incorrect data, you may correct it through our Business Listing Interface. Regardless, BusyBee has the right to correct or edit data that it believes to be inaccurate. It has the right to change data to match what is displayed on your website.
You are not able to directly edit reviews data. BusyBee monitors all reviews before they are posted on the website and will not post irrelevant reviews, reviews that name individuals or reviews otherwise deemed inappropriate. If you read a review of your program that is inaccurate, please notify us at firstname.lastname@example.org
BusyBee reserves the right, at any time and in BusyBee sole discretion, to refuse to list your program in its Website if any Content (a) fails to conform to the format and technical specifications provided to you; (b) may constitute, or is the subject of a notice or claim of, a violation of any law, regulation, rule, order, ordinance or other standard imposed by or in effect in any jurisdiction; or (c) contains or is alleged to contain any information, content, work, name, mark, designation, link or other material (i) that violates or infringes or is alleged to violate or infringe any proprietary, intellectual property, contract or other rights of any third party or (ii) that, in BusyBee sole discretion, is or may be deemed to be, abusive, obscene, pornographic, defamatory, harassing, offensive, vulgar, threatening or malicious.
You hereby grant to us a limited, non-transferable, non-exclusive, royalty-free and worldwide license, for the term of this Agreement, to publish, display, perform, copy, store, transmit and otherwise use, in connection with the performance of the listing services available via the Website, all materials and all intellectual property, including, but not limited to, copyrighted materials, trademarks, brands, service marks, trade names, e-mail addresses, and links to your websites, that are owned by or licensed to you and that are used in the listings made available via Website for you pursuant to this Agreement (all such materials and intellectual property, collectively, is referred to as the “Listing Content”).
You have and shall retain all right, title and interest (including copyright and other proprietary or intellectual property rights) in and to, and all responsibility and liability for, the Listing Content. You acknowledge and agree that, except for the Listing Content, the Website and all content, materials and intellectual property presented on or used in connection with the Website, including, without limitation, copyrighted materials, text, images, sounds, trademarks, brands, service marks, trade names and software programs or applications, are owned by or licensed to BusyBee or its other camp clients and that this Agreement does not give you any ownership or license interest in any such content, materials or intellectual property. As between BusyBee and you, BusyBee shall be the sole and exclusive owner of all data and information collected by or through the Website from the users of and about the use of the Website, including all data and information regarding clicks on or around your listing or web-pages where Listing Content is displayed.
You hereby represent, warrant and covenant to BusyBee that (i) you have the right and authority to enter into and perform its obligations under this Agreement; (ii) you own or are a licensee of each part of the Listing Content; (iii) you operates a bona fide business that provides programs to youths; (iv) you have the right to grant to BusyBee the licenses contained in this Agreement; (v) neither you nor the Listing Content is the subject of any pending or, to your knowledge, threatened claim or litigation of any nature alleging a violation or infringement of any third party’s proprietary or intellectual property rights; (vi) Listing Content does not and will not contain any virus, worm, Trojan horse, time bomb or similar contaminating or destructive feature; (vii) the Listing Content does not (A) violate any law, regulation, rule, order, ordinance or other standard imposed by or in effect in any jurisdiction or (B) contain any information, content, work, name, mark, designation, link or other material that violates or infringes any proprietary, intellectual property, contract or other rights of any third party; and (viii) you will only use the services offered via the Website for legal purposes and will not the Website, directly or indirectly:
- to harass or advocate harassment of any person; exploit or attempt to exploit people in any sexual, violent or otherwise inappropriate manner;
- solicit personal information from anyone under 18;
- promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- transmit "junk mail," "chain letters," or unsolicited instant messaging, or "spamming" in any fashion; solicit passwords or personal identifying information for commercial or unlawful purposes from users of the Website;
- promote contests or sweepstakes that is not in conformity with all applicable laws; or
- promote pyramid or ponzi schemes.
Term of the Agreement
The term of this Agreement shall be from the date of the Listing creation until the listing is terminated by either party. Payment terms for paid listing fees are set defined in the Online Agreement or written Invoice. Either you or we may terminate this Agreement, with or without cause, by giving the other party written notice of termination. You will not be entitled to any refund of pre-paid fees if you terminate this Agreement. If we terminate this Agreement without cause, you shall have a right and shall receive from BusyBee a pro rata refund of pre-paid listing fees (if any), as determined in good faith by us.
You may terminate your use of any Premium Services or your account at any time and for any reason by deleting your account or by sending us notice. Upon any termination by you, the Premium Services and/or your account (whichever is applicable) will no longer be accessible, except as may be provided by the Premium Service Conditions. Any cancellation request will be handled within 30 days of receipt of such request. If you choose to terminate your use of the Premium Services, you may use the Premium Services until the end of the then-current subscription period; however, you will not be eligible for a prorated refund of any portion of the fees paid for the then-current subscription period.
BusyBee may at any time, suspend, disable or terminate your access to or use of the Service (a) if you violate or breach any provision of these Terms or the Premium Service Conditions (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of these Terms), (b) if BusyBee in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or (c) immediately upon notice, to the e- mail address provided by you as part of your Account Information.
BusyBee will not be liable to you or to any third party for the suspension or termination of your access or use of the Service (including the forfeiture of any pre-paid amounts for Premium Services). Upon any termination or suspension, you will no longer be able to access your account or the Service and BusyBee will have no obligation to maintain any Registration Information or any related information that was stored in our database related to your account or to forward any information to you (or to any third party). Any suspension or termination will not affect your obligations to BusyBee under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available commissions, commission schedules, payment procedures, and Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE LISTING PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
We reserve the right to redesign or modify the organization, structure or "look and feel" of the Website and/or services offered or promoted via the Website at any time without notice. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICE PROVIDED VIA THE WEBSITE AND THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BusyBee DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES OFFERED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES BusyBee MAKE ANY WARRANTY AS TO THE PERFORMANCE OR ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT.
Limitation of Liability
IN NO EVENT SHALL BusyBee BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT AND ITS SUBJECT MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF BusyBee HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BusyBee TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY CUSTOMER TO COMPANY UNDER THIS AGREEMENT.
You agree to indemnify, hold harmless and defend BusyBee and its directors, officers, managers, members, employees and agents from and against any action, claim, demand, dispute, or liability, including reasonable attorneys’ fees, arising from or relating to (a) any breach by you of its obligations or representations, warranties and covenants in this Agreement; (b) any claim or allegation that the Listing Content (i) infringes a third party’s proprietary or intellectual property right or (ii) violates any law, regulation, rule, order, ordinance or other standard imposed by or in effect in any jurisdiction; and (c) any sale, license or use of your products or services advertised via the Website. You agree that BusyBee shall have the right to participate in the defense of any such claim through counsel of its own choosing at BusyBee own expense.
You will not hold BusyBee responsible for Website users' actions or inactions, including things Website users post. You acknowledge that BusyBee is solely a facilitator of information and the Website is a venue to allow users to research and register in programs. We are not involved in the actual provision of services. We have no control over and do not guarantee the truth or accuracy of any user’s posts on the Website and do not control or guarantee that any user will actually complete a transaction with you. If you have a dispute with one or more users of the Website, you release BusyBee (and our officers, directors, managers, members, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
This Agreement will be governed by the laws of the New Zealand Law