Terms of service

1. Application

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. Amendments

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. Use of Platform

3.1 When using the Platform, you must:

  • 3.1.1 use it in accordance with these Terms and not for any illegal purpose;
  • 3.1.2 not use it in a way that adversely affects the use or experience of any other user of the Platform;
  • 3.1.3 if you are buying or selling alcohol on the Platform, ensure that you are in full compliance of your obligations under the Sale and Supply of Alcohol Act 2012 (and any other applicable regulations) when undertaking such transactions;
  • 3.1.4 provide true, correct and complete information in your dealings with us and other users of the Platform, and must promptly update that information as required so that the information remains true, current and complete;
  • 3.1.5 always keep your login details secure and notify us immediately of any known or suspected unauthorised use of your account and keep us updated on any action taken by you in respect of such an incident;
  • 3.1.6 not act in any way, or use or introduce anything that in any way, compromises the Platform or any underlying system or otherwise attempt to damage or interfere with the Platform or any underlying system; and
  • 3.1.7 not use the app for any illegal purposes.

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. Fees

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. Warranties

5.1 To the maximum extent permitted by law:

  • 5.1.1 any warranties given by Hospo Connect are expressly limited to those specified in these Terms, and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise are expressly excluded; and
  • 5.1.2 we make no representation concerning the availability or quality of the Platform and do not promise that the Platform will:
  • (a) be available on a 24/7 basis;
  • (b) meet your requirements or be suitable for a particular purpose; or(c) be secure, free of viruses or other harmful code, uninterrupted or error free.

6. Liability

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:

  • 6.2.1 we will not be liable under these Terms for any direct or indirect loss of profit, revenue, savings, business, use, data, and/or goodwill, or any consequential, indirect, incidental or special damage or loss of any kind; and
  • 6.2.2 to the extent that we do incur any liability under these Terms or otherwise in providing the Platform, our liability to you shall not exceed, in aggregate, the amount of Fees paid by you for the Platform in the 12 months leading up to such incursion of liability.

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. Intellectual Property

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. Privacy

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.

8.2 Details of how Hospo Connect uses, stores, and shares your data are outlined in our Privacy Policy.

9. Suspension and termination

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. General

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. Definitions

11.1 In these Terms, the following terms have the following meanings:

  • App means the Hospo Connect application developed and maintained by Hospo Connect.
  • Fees means any applicable fees for your use of the Platform, as detailed on the Website or App.
  • Hospo Connect means Hospo Connect Limited (NZCN: 6072372) (sometimes referred to as we, our or us).
  • Intellectual Property Rights means any intellectual property rights in existence now or coming into existence in future and includes (but is not limited to) rights in respect of copyright, trade marks (whether registered or unregistered), inventions, patents, designs (whether registered or unregistered), confidential information and know how.
  • Privacy Policy means the privacy policy of Hospo Connect located at: https://www.hospoconnect.co.nz/privacy-policy.
  • Platform means the App and Website.
  • Terms means these terms of service as updated from time to time by Hospo Connect.
  • Website means the Hospo Connect Website developed and maintained by Hospo Connect and located at: https://www.hospoconnect.co.nz/