Legal

DISCOUNT COUPON AGREEMENT

  1. Agreement:

    You and Rankers.co.nz Limited (“Rankers”) agree to the following terms and conditions (“Agreement”).

  2. Payment:

    In return for the payment of $450 excluding GST which Rankers will invoice you online for (“Payment”), 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.

  3. Online Invoice:

    All invoices from Rankers to the operator will be will be sent online.

  4. Verification:

    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.

  5. Benefits:

    Subject to clause 4, the benefits (“Benefits”) you will be entitled to are as follows:

    • You will be listed in the Best of NZ documentation as a participating member of Rankers Discount Coupon (“Coupon”) programme (“Discount Programme”) and will be included in such further promotion of the Discount Programme for 12 months from November 2009 to November 2010.
  6. Discounts:

    As further consideration for Rankers providing you the benefits you agree that you will provide to all holders of a Discount Coupon a ten percent discount (10%) (“Discount”) off the normal retail rate (including GST) of the goods and services supplied by your business. Your obligation to provide the Discount is subject to the following conditions:

    • You only have to provide the Discount in respect of direct bookings or purchases from your business where other discounts or commissions are not applicable;
    • A coupon must be presented by each touring group seeking the Discount. Children 15 or under are entitled to the same benefits as their parents or guardian; and
    • The Discount only applies to the full rack rate/retail price of your primary goods or services offered by your business and does not apply to any goods or services supplied to you by a third party.
    • You must provide a discount for a period of 12 months from November 2009.
  7. Withholding Discount:

    Rankers may immediately on written notice to you terminate this Agreement if acting reasonably Rankers believes that you have not provided a Discount to which a holder of a Coupon is entitled.

  8. Post Termination:

    Following termination of this Agreement:

    • Rankers will cease to provide you the Benefits;
    • You will no longer be required to provide the Discount; and
    • Rankers will not be required to refund any portion of the Payment to you.
  9. Disputes:

    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.

  10. Jurisdiction:

    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.

  11. Failure to Comply:

    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.

  12. Waiver:

    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.

  13. Severability:

    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.

  14. No Partnership:

    This Agreement shall not be deemed to constitute a partnership or joint venture between you and Rankers.

  15. Variation:

    This Agreement may not be varied except by agreement in writing signed by you and Rankers.

  16. Retain a Copy:

    You should print out and retain a copy of this Agreement for your future reference.