New Zealand Travel Reviews and Information on Tourism Operators, Tour and Transport Providers
This agreement only applies to Tourism Operators using the Open Ranker Plan. Basically it describes the benefits you'll receive under the plan and the payments and criteria required to get those benefits. It also includes the policy regarding the posting of replies to customer reviews. There is a boat-load of other standard legalese too.
You and Rankers.co.nz Limited (“Rankers”) agree to the following terms and conditions (“Agreement”).
In return for the payment of $350 (plus GST) if you link (via a Rankers badge or widget) to Rankers.co.nz within 4 months or $500 (plus GST) if you don't link, which Rankers will invoice you for (“Payment”), including the extra $150 (plus GST) after six weeks if you don't install a link. Rankers agrees, for the period of 12 months from the date you accept this Agreement (unless this Agreement is validly terminated earlier in accordance with any provisions of this Agreement) (“Term”) to provide you with the Benefits as further defined in clause 5 below.
All invoices from Rankers to the operator will be will be sent online.
Rankers will not be required to provide you with the Benefits until it has received the Payment and has satisfied itself that all information you have provided to Rankers is true and accurate.
Subject to verification (clause 4), the benefits (“Benefits”) you will be entitled to are as follows:
You may terminate your Open Ranker account on written notice, at any time. As stated in clause 7, no refund will be given.
Rankers also reserves the right immediately on written notice to you to terminate this Agreement if acting reasonably Rankers believes that You have breached any:
Following termination of this Agreement:
Unless either party is notified of termination or there is a change to this agreement, the agreement and payments will automatically roll over until notification or changes are made.
The following provisions (“Posting Policy”) apply to any comments you post on Your Page (“Replies”):
Rankers reserves the right without notice or explanation to:
You agree to indemnify Rankers on demand for any loss or costs of whatever nature suffered by Rankers whether direct or consequential as a result of any breach by you of the paragraphs 8 (a)-(c).
You will need to have an operational Rankers’ tourism operator’s member account (“Member Account”) on the Website in order to post Replies and by entering into this Agreement you are deemed to be requesting Rankers to create a Member Account for you. You may not transfer your registration or any rights you may have in your Member Account to any other person or entity.
You must keep all password and login information associated with your Member Account confidential and not disclose such information to any third party without first obtaining Rankers’ written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify Rankers immediately if you know or suspect that your Member Account has been accessed by a third party or your login or password details have been, or may have been, obtained by a third party.
Rankers will not be required to accept your registration request for a Member Account until it has received the Payment and has satisfied itself that all information you have provided to Rankers is true and accurate. Rankers also reserves the right, acting at its sole discretion, to cancel your registration and access to your Member Account at any point, if it believes you have breached this Agreement, the Website Terms of Service, the Privacy Policy or any other agreements you may have with Rankers. In such event you agree that Rankers will not be required to provide you with prior notice or explanation in respect of such cancellation. Notwithstanding the cancellation of access to your Member Account, you agree you will remain fully liable for any outstanding liability owed to Rankers and Rankers will not be required to refund any portion of the Payment to you.
The Terms of Service and privacy policy for this Website also form part of this Agreement provided that in the event of any conflict between those documents and this Agreement, to the greatest extent permitted at law, this Agreement will take precedence.
To the greatest extent permitted by law, under no circumstances will Rankers, its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or bought against you which relate in any way to the Website including without limitation in respect of any Comments or Replies or in respect of any failure or omission on the part of Rankers to comply with its obligations as set out in this Agreement.
To the greatest extent permitted by law, in the event that any limitation or provision contained in this Agreement is held to be invalid or unenforceable for any reason and Rankers becomes liable for any loss or damage that would otherwise have been excluded, Rankers’ maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of the Website including without limitation in respect of any Comments or Replies is to be limited to $50 in New Zealand currency.
In the event that you have a dispute in respect of this Agreement or relating to or arising from this Agreement you must immediately notify Rankers in writing giving details of the dispute. If Rankers and yourself cannot resolve the dispute within fourteen (14) days then the dispute will firstly be submitted to mediation by a mediator agreed to by both yourself and Rankers or, failing agreement, appointed by the Arbitrators and Mediators Institute of New Zealand. If the matter is not resolved by mediation within fourteen (14) days from there, the matter will be submitted for arbitration in accordance with the Arbitration Act 1996 by a single arbitrator to be appointed by the Arbitrators and Mediators Institute of New Zealand. Unless agreed otherwise by Rankers, all such mediation and arbitration proceedings shall take place at a venue in New Zealand to be chosen by Rankers acting entirely at its own discretion. All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator or agreed otherwise by the parties.
This Agreement is governed by and is to be interpreted in accordance with the laws of New Zealand and subject to paragraph 12 in all matters relating to or arising from this Agreement, you agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
Neither you or Rankers shall be liable for any failure to comply with the terms of this Agreement where such failure is due to circumstances beyond the reasonable control of the applicable party claiming relief under this provision.
If Rankers waives any rights available to it under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any provision of this Agreement is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from this Agreement and the remaining provisions shall continue in full force.
This Agreement shall not be deemed to constitute a legal partnership or joint venture between you and Rankers.
You agree to assist and cooperate with Rankers to do all such acts and execute any such further documents and instruments as Rankers may from time to time require to vest in or further assure to Rankers the rights granted to Rankers in this Agreement and for the protection and enforcement of the same.
This Agreement may not be varied except by agreement in writing signed by you and Rankers.
You may not assign, transfer, sublicense or in any other manner make over to any third party the rights or obligations provided by this Agreement without Ranker’s prior written consent.
This Agreement constitutes the entire agreement between you and Rankers in respect of its subject matter and supersedes any previous understandings or agreements on that subject matter.
You should print out and retain a copy of this Agreement for your future reference.