Business Terms & Conditions

Each and every section of this Business Terms of Use Agreement (“Business Agreement”) applies to Yoosbie Limited as both the company and its website (“Yoosbie” or “We”); to each separate business or individual offering sellable products that owns one or more claimed listings on Yoosbie (either individually as “Provider” or plural as “Providers”); to each registered or unregistered customer(s) browsing on Yoosbie (“Visitor(s)”); and to verified purchasers of products sold by Providers who leave star ratings or reviews on Yoosbie (“Reviewer(s)”) as a contractual and binding agreement, which becomes effective as of March 29, 2019 (see previous Terms here). By accessing, using, or adding content to any part of this website, each Visitor agrees to be bound by this Business Agreement and the related Privacy Policy.

Additional and important terminology can include a page or pages (claimed or unclaimed) created or posted by either Provider(s) or Yoosbie (“Listing(s)”); event tickets or otherwise bookable activities made available on Yoosbie by either Providers or Yoosbie (“Product(s)” or “Booking(s)”); images, video, uploaded documents, or text-driven communications made available on Listings or other Yoosbie website pages (“Content”); any non-refundable commission percentage or administrative service charge (“Service Charge”) included in Products and retained by Yoosbie; and either free or paid products offered by Yoosbie to Providers at the time the Listings are claimed (“Plan(s)”).

 

While this Business Agreement describes the terms and restrictions agreed to by each Provider who claims a Listing, Yoosbie retains the right to revise or update this Business Agreement at will and without prior notice. As a Provider operator, manager, or administrator, you agree to your responsibility to examine the Business Agreement for any changes which apply to your use of Yoosbie.

A. General Terms of Business Agreement

  1. Yoosbie reserves the privilege of revising and publishing updates to the Business Agreement, as well as publishing the most current Terms of Use and Privacy Policy, when necessary but without specific notice.
  2. If any clause or specific wording within the Business Agreement is found as invalid or illegal, Yoosbie agrees that such invalid or illegal language is deemed unenforceable, while the remainder of the Business Agreement continues to be fully enforceable.
  3. This Business Agreement and any Visitor or Provider’s usage of Yoosbie are both governed by the laws of New Zealand. Any legal issues that cannot be resolved privately, between Yoosbie and its Visitors or Providers, shall be referred to mediation or arbitration under New Zealand jurisdiction.
  4. For any and all Visitors needing direction regarding general Terms of Use or any other governing Yoosbie documents, please contact Yoosbie.

B. Business Accounts - For Providers

  1. By creating, operating, or using a Business Account on Yoosbie, you (and your related company or organization, if applicable) are stating your agreement with the following terms:
    • I affirm that this account has been created for an operating business or individual providing products and services to customers on a commercial basis.
    • At all times, I will abide by these Business Account restrictions out of concern for the safety of the Yoosbie community.
    • I agree to be held liable for any issues related to the creation or security of my username and password, or for any unauthorised use of my confidential username and password.
    • I affirm that the information provided regarding the business or organisation is accurate and up-to-date, especially the main email address, banking details, and contact information.
    • Further, I am at least sixteen (16) years old or older, and prepared to take adult-level responsibility for this account.
      If Yoosbie receives a Visitor request to delete their information or account, I agree that Yoosbie can follow privacy regulations and delete this account linked to the Business Account without prior warning.
    • Further, I agree to handle disputes, replacement requests, or cancellation requests with Visitors directly. I understand that Yoosbie does not accept responsibility for Listings or Bookings instigated between Visitor and Provider.

C. Business Listings – General

  1. As a Provider, I am enabled to add or claim a Business Listing on Yoosbie. On an ongoing basis, I am expected to amend and update that Business Listing with new and relevant information, in keeping with this Business Agreement.
  2. Further, I agree that updates are my own responsibility and not that of Yoosbie; any intentional or unintentional errors, omissions, or Content issues will be addressed by me as a Provider.
  3. Throughout Yoosbie’s legal user agreements (including this Business Agreement), any content or information including descriptions or representations, contact information, private or public domain or royalty-free images, ratings or reviews, rich media, articles or comments of any nature posted through Yoosbie is referred to as “Content”. As a Provider, I have read this description and agree to be bound by the related Terms of Use.
  4. Neither Providers nor Visitors are allowed to add, create, revise, or update a Business Listing or any related Content without the written or express authorisation of that business. I confirm that all content submitted to Yoosbie is authorised on behalf of the business or organisation, belongs to that business or organisation, and does not breach any applicable legal requirement or international internet protocol.
  5. As a Provider, I affirm that all Content added to a Yoosbie Business Listing must follow these strictures:
    • Complete and accurate information that remains on topic, has been allocated to the correct location and category, and reflects the right type of service or product.
    • Categories limited to qualified professionals (such as medical or legal providers) are restricted to relevant certified or licensed professionals only. Content from Providers lacking such certification or license can be removed by Yoosbie immediately.
    • Not likely to reflect badly on Yoosbie’s reputation (i.e. bringing it into disrepute), since the information does not include fraudulent or defamatory statements. The Content is neither intentionally misleading nor deceptive, nor is it likely to be found as such.
    • The copyright and intellectual property rights of third parties have not been violated, nor would interaction with my business listing expose Yoosbie to legal sanctions, proceedings, or any type of liability.
    • To the best of my ability, the Content I provide will be found to comply with any and all regional regulations (country, state, territory, etc.), industry rules and regulations, and New Zealand laws.
  6. As a Provider, I agree that any depictions of business Products and services are accurate, including events, pricing and promotions, videos and illustrations, coupons, special offers, etc. I agree to be entirely responsible for the creation and delivery of the products and services listed on Yoosbie.
  7. I affirm that none of our business qualifications (i.e. capability, competence, and experience) related to these Products and services have been misrepresented or inflated, since I know that Visitors depend on these descriptions during the Provider selection process.
  8. I agree that any Content provided to Yoosbie is suitable for minors, in keeping with Yoosbie’s goal of creating a family-friendly environment online. If any Content associated with my Listing is found to be false or misleading, defamatory or deceptive, pornographic, obscene, or sexually explicit (including suggestive or nude poses), Yoosbie has the right to remove such Content as well as my Products.
  9. I confirm that any Provider’s Content submission to Yoosbie is granted an irrevocable, transferable, perpetually royalty-free license and sub-license for reuse. The Content can be republished or reproduced in any media or format; there are no known restrictions other than copyright or intellectual property right violations.
  10. As a Provider, I confirm that my business or organisation has obtained all necessary business certifications, licenses, insurances, and risk and safety protocols related to our products and services as well as the business itself.
  11. Regarding the separate legal user agreements developed by each Provider for their own business (Terms and Conditions, Terms of Use, Privacy Policy, etc.), each Provider agrees that their Visitors and users have been informed or are aware of these agreements, which comply with all relevant regulations, requirements, and applicable laws. In any potential conflict between the agreements held by Yoosbie and the Provider, the Provider agrees to abide by the terms of Yoosbie’s agreements.
  12. As a Provider, I authorise Yoosbie and consent to be contacted through any means I have provided (such as email and phone information), regarding account management, online Bookings, ratings and reviews, marketing, promotions, or special offers by Yoosbie or its partners that may apply to my business.
  13. As a Provider, I agree to be responsible for the payment and management of any taxes (local, state, regional, or otherwise) associated with my business.
  14. It is Yoosbie’s sole discretionary right to decide which Providers are allowed to engage in listing, or which Listings or Content will be removed or amended. All Providers understand that Yoosbie is not required to provide notice or explanation in terminating the Business Agreement and removing the Provider’s Listing, and any potential damages do not apply to Yoosbie.
  15. If the Yoosbie Code of Conduct is breached, or any other terms included or related to this Business Agreement are breached or violated, Yoosbie retains the right to remove any Provider’s Listing immediately.

D. Business Listings – Tiered

  1. All of the previously related points in Section 3 (Business Listings – General) apply to each Provider as well as each following point in Business Listings – Tiered.
  2. Yoosbie allows Providers to submit Activity listings on a triple-tiered Plan level: Free, Plus, and Pro. A Provider may choose to display Listings without displaying any Products or services for sale.
  3. Yoosbie allows Providers to submit Events listings on a triple-tiered, time-dependent Plan level: 30 days, 90 days, and one (1) year.
  4. Regardless of the type of listing, whether Activity or Event, each Product bought by a Visitor is subject to a Service Charge retained by Yoosbie. Each non-refundable Service Charge is described on the applicable Pricing page.
  5. Once a Provider has claimed a Listing on Yoosbie, that Provider can become a Verified Provider. If a Provider submits a Listing for review, Yoosbie is free to accept their Listing, which moves the Provider into a Verified state.
  6. Once a Provider is listed on the Yoosbie site, it becomes possible to create online Bookings or Products, which must be linked to the existing Listing to become active.
  7. At the Free level, while Listings do not require any payment for participation, search results are randomised across Yoosbie. These Listings are limited to one business location, and any activities will be subject to the service charge as described on the most recent Pricing page.
  8. Both Plus and Pro-level Listings offer additional Yoosbie benefits and features, as displayed on the Pricing page and subject to change.
  9. At the Plus level, Listings allow for three separate business locations, and search results for Plus Providers appear higher in Yoosbie site results. The cost of the monthly charge may be offset by the reduced service charge attached to activities, as described on the current Pricing page, an extended profile, and social media links.
  10. At the Pro level, Listings allow for ten (10) separate business locations, and search results become Featured Listings on Yoosbie. These listings are free from advertising, and the cost of the monthly charge may be offset by the reduced service charge attached to activities as described on the current Pricing page, and customer communication tools. These Featured Listings are given first priority in Yoosbie search results and across all areas of the site.
  11. At both Plus and Pro levels, the monthly fees are as stated on the Pricing page, exclusive of any additional local taxes such as Goods and Service Tax (GST) or Value-Added Taxes (VATs).
  12. At both Plus and Pro levels, monthly payments will be made in advance for the next month, appearing as “Yoosbie Limited” on any bank account or credit card statement. As the Provider, I agree that my account will be charged on a monthly basis unless and until I cancel the paid service.
  13. As a Provider, if I become unhappy with the paid (Plus or Pro) level or the services provided, I have the option to return to the Free level at any time. I can immediately request cancellation of a Plus or Pro-level Listing in writing or via the Yoosbie website. The requested cancellation will become effective immediately. No refunds will be made between the date of cancellation and the following date of payment.
  14. While social media links appear in relation to a Plus or Pro-level Provider’s Listing, Yoosbie does not bear responsibility for any site maintenance, removals, or functionality issues associated with these third-party social media providers.
  15. While Yoosbie wishes for all Providers to realise benefit in the use of the site, each Provider understands and agrees that an average increase of visibility or tangible sales are not guaranteed from any level of listing participation (Free, Plus, or Pro). Any increase may differ significantly from averages as presented, and Yoosbie is not responsible for this difference that may depend on many factors outside of Yoosbie’s control.
  16. If any Provider fails to make monthly payments as contracted, or if payment details are not updated, Yoosbie retains the right to terminate or cancel this Business Agreement. If the Business Agreement is cancelled, the Provider’s Listings can be removed but the monthly payments will accrue as due and payable. Such unpaid invoices will be applied to the Provider’s account until cancellation notification is sent to Yoosbie by the Provider.
  17. Yoosbie also retains the right to pursue any collections of unpaid debts accrued by Providers, through any legal means afforded by New Zealand law.

E. Ratings and Reviews

  1. Since ratings and reviews are supplied by independent third parties rather than by Yoosbie or the Providers, each Provider agrees that any viewpoints expressed in ratings and reviews belong solely to the third-party Reviewer. The Provider and the Reviewer will determine responsibility for the damages, defamation, liability, or any other effect of the specific wording found in the rating or review.
  2. Yoosbie neither bears any responsibility for actions taken or not taken based on any review, negative or positive, nor does Yoosbie bear any future or projected liability or damages resulting from any review.
  3. While Yoosbie requires each Reviewer to create an account prior to creating a rating or review, each Provider agrees that it may be impractical or not possible to either contact or identify a Reviewer who has violated the Terms of Use by providing false, damaging, incorrect, or outdated information. To raise awareness of any potentially unknown issues, the Provider will contact Yoosbie.
  4. Each Provider agrees to professionally, courteously, and timely respond to appropriate ratings and reviews posted on Yoosbie per the Reviews Guidelines. This impacts the perspective of Visitors in the Yoosbie community, and the reputation of the Provider as fair and reasonable.
  5. Yoosbie agrees to notify the Provider by email of any rating or review tied to the Provider’s business. As a Provider, I agree to store an updated, correct email address on Yoosbie’s system. I will regularly review my emails and related software to ensure that emailed notifications have not been moved into alternate folders, causing unnecessary delays.
  6. I confirm that any Content submitted to Yoosbie by any Visitor or Reviewer, as well as any response by any Provider’s business, is granted an irrevocable, transferable, perpetually royalty-free license and sub-license for reuse. The Content can be republished or reproduced in any media or format; there are no known restrictions other than copyright or intellectual property right violations.
  7. As a Provider, I agree to the following conduct guidelines:
    • I will not post fake ratings, reviews, or Content about my own or a competitor’s business.
    • For Visitors or Reviewers who have not experienced or used a business product or service, I will not encourage or seek to influence baseless ratings and reviews.
    • I will not encourage, seek to influence, or pay anyone to post ratings and reviews, positive or negative. Friends or family members will be encouraged to supply full disclosure regarding their experiences or relationship ties.
    • If a false, incorrect, or misleading review is posted, or I believe it has been, I will contact Yoosbie immediately.

F. Online Bookings

  1. Any online Booking, made by a Visitor and provided by Yoosbie, will be processed by Yoosbie in conjunction with third-party booking software providers and payment gateways (the Online Booking System).
    • These third-party providers and gateways that comprise the Online Booking System remain legal entities separate from Yoosbie.
    • Each Provider bears responsibility for assessing the commercial terms and conditions, organising relevant account details, and entering any separate agreements with any third party within the Online Booking System.
    • If a Provider wishes to cancel their separate account with a any of the Online Booking System entities, the Provider must cancel each account individually.
    • Yoosbie will not be held liable or responsible for any costs and damages, loss, or expense claims due to the Online Booking System, whether or not these claims can be linked to a lack of integration with any specific entity of the Online Booking System.
    • All Content issued by any entity within the Online Booking System must align with all protocols and terms as described in Yoosbie’s legal user agreements, including this Business Agreement.
  2. The Provider’s online Product information must be sufficiently accurate to allow any Visitor to make an informed decision about the Provider’s business, availability, services, and pricing before booking and purchasing a Product or service.
  3. By posting any Product on Yoosbie, each Provider agrees to submit the relevant details as stated online, within the contracted date, time, and price. Yoosbie is authorised to act as agent between Visitor and Provider, accepting all final payments for Products as listed using the Online Booking System. These prices are not partial, and do not include Goods and Services Tax (GST).
  4. The Listings and Products made visible on Yoosbie by the Provider will be updated at all times with current pricing and booking details, including times, dates, descriptions, and any other information that is pertinent to the Product. As a Provider, I agree that it is my responsibility to update and maintain the informational accuracy of the Products. If the provided information is inaccurate or misleading, it may be necessary for me to refund any reasonable or tangible losses to the paying Visitor in addition to incurring a Yoosbie Service Charge.
  5. Each Provider agrees to create, maintain, and make Visitors aware of their separately applicable legal user agreements (Privacy Policy, Terms and Conditions, etc.) that do not conflict with Yoosbie governing documents. If such conflict does exist, Providers agree to operate by Yoosbie’s legal user agreements.
  6. The Provider agrees that Yoosbie can deduct an initial Service Charge, which will apply depending upon the Plan chosen by the Provider. Except in cases of cancellation, Yoosbie will not charge Visitors a fixed fee for processing Bookings through its Online Booking System.
  7. Once a Product is purchased through the Online Booking System, this creates a contractual and binding agreement between the Provider and the Visitor. Any requested cancellations are to be accomplished withinforty-eight (48) hours of purchase.
    • The Provider agrees to deliver such contracted Product to the purchasing Visitor at the agreed-upon time and place.
    • Both Visitor and Provider understand that when any Product has been purchased, Yoosbie receives the payment amount at checkout, as well as any applicable taxes. Once all banking protocols have been satisfied and the final amount clears Yoosbie’s bank account, Yoosbie will retain a Service Charge (plus applicable taxes) and transfer the remainder to the bank account supplied by the Provider at signup. This line item will appear in the Provider’s banking statement as “Yoosbie Limited”.
    • If a Visitor contacts Yoosbie to request cancellation or replacement of a Product, this must be accomplished within forty-eight (48) hours of purchase. The Visitor will incur a 10% cancellation fee, which will cover credit card processing and administration costs necessitated by the use of the Online Booking System. Yoosbie will then inform the Provider of the cancellation, so that the Provider may resubmit or repost the activity, ticket, or space for the benefit of other Visitors.
    • If a Provider instigates cancellation of a Product or Booking, this must be accomplished within forty-eight (48) hours of purchase. The Provider must notify both Yoosbie and the Visitor directly of this change, although the Provider alone retains liability and responsibility for refunding the Visitor. After the Visitor’s service payment has cleared all banking protocols, Yoosbie will retain an additional Service Charge from the Provider. Next, Yoosbie will transfer the remaining amount (including any applicable taxes) to the Provider’s previously supplied banking account, in order that the Provider may supply a full and complete refund or replacement of any monies owed to the Visitor. Yoosbie retains no liability (or any involvement between Provider and Visitor) for any cancellations or related refunds.
  8. As a Provider, I agree that once I have received Product payment in full from Yoosbie, the related debit is extinguished. For that service, no additional fees will be required or levied from Visitors in excess of the amount paid at the time of the Product purchase.
  9. If the Provider fails to deliver a Product, and Yoosbie incurs any related losses or expenses, the Provider agrees to refund Yoosbie for those losses and expenses.
  10. If a Provider’s action(s) prevent Yoosbie from receiving an earned Service Charge, the Provider agrees to compensate Yoosbie for related losses. Yoosbie retains the right to remove the business listing and Content from the Online Booking System and the Yoosbie site.
  11. Each Provider agrees that if Bookings require any necessary medical or health information from Visitors, this information will be gathered and verified by the Provider prior to the date and time of delivery of service.

See the Booking Terms for further details.

G. Membership of Professional or Industry Associations

  1. If a Provider is a professional member or holds affiliation with a relevant industry, professional organisation, or similar association, this Provider agrees that any Content provided regarding business details, listing information, or relevant details currently comply with the rules and regulations of that specific association or organisation.
  2. If necessary, Yoosbie may request or require proof of membership in such association or organisation, so that the Provider may be included in certain professional or certified categories.
  3. If any Provider is found to have breached these professional standards, the Provider will be held liable for any applicable penalties levied on Yoosbie.

H. Copyright and Intellectual Property

  1. Yoosbie retains copyright privileges and intellectual property rights to all of its materials, including content, documents, files, information, required operations, processes, services, and tools (“Materials”).
  2. As a Provider, I agree that any unauthorised usage of Materials by parties inside or outside of Yoosbie is a violation of its Terms of Use, copyright and intellectual property laws, and international copyright principles. Yoosbie can choose to pursue any legal action that it deems necessary.
  3. Yoosbie does not grant to either Visitors or Providers any expressly stated, inferred, or implied rights of usage of Yoosbie Materials for purposes outside of those specified. If in doubt, as a Visitor or Provider, I agree to contact Yoosbie for any necessary clarifications.
  4. As a Visitor or operator of a Provider, I agree that any Yoosbie Materials (including code, functionality, and features) are protected from any third-party attempts to create derivative works: assigning, copying, distributing, republishing, renting, leasing, loaning, selling, sublicensing, reverse engineering, or other modifying behavior. Yoosbie retains the right to pursue legal action, or issue a demand to remove such derivative works, as necessary.

I. Limitation of Liability

  1. Yoosbie rejects any claim for responsibility (including costs, expenses, losses, or damages) which may result from either a Visitor or a Provider accessing and using Yoosbie, providing Content for listings at any level (Activity or Event), or providing Products for Visitors.
  2. As a Provider, I agree to indemnify and hold harmless Yoosbie, including its officers and directors and agents, against any liability for direct or indirect losses, damages, costs, or expenses resulting from my choice to add listings or Content to Yoosbie. This indemnification includes my usage of Yoosbie, and any penalties or expenses related to an online listing or Product.

Have questions regarding this Business Agreement? Please contact Yoosbie, we’re pleased to help.

 

This page was last updated on 27th March, 2019.