Suppliers - Terms and Conditions | See and Do New Zealand

Supplier Terms and Conditions

Supplier Terms and Conditions – See and Do New Zealand Ltd

SEE AND DO NEW ZEALAND LIMITED, a duly incorporated company having its registered office at Kerikeri, New Zealand ("See and Do NZ" or "us"), is a multi-media tourism company promoting tourism in New Zealand and operates an Internet booking platform and NZ travel guide via the www.seeanddo.co.nz website, also accessible via related websites, affiliate and partner websites, apps, tools, social media, links, platforms, or other facilities ("Platform").

The Platform allows tour operators, activity organizers, ticket suppliers and other tourism related products ("Supplier") to offer sightseeing tours, leisure activities, and other tourism services ("Service(s)") to end customers ("Customer(s)"), and when connected through a booking system to conclude contracts directly with Customers for such services and if not connected to a booking system to advertise with a referral to their website. In addition to Customers, our commercial sub-agents and affiliates may also access the Platform to book Services from Suppliers who opt into this third-party booking system.

See and Do NZ provides the Platform to allow Suppliers to promote their business and to offer and to directly sell and promote their Services to Customers. See and Do NZ acts as a commercial agent authorized and appointed by the Supplier. See and Do NZ, through an intermediary agreement with a Customer, will facilitate the purchase of Services from Supplier by that Customer; however, in no event shall See and Do NZ be deemed a party to any agreement whereby a Customer purchases Services from Supplier.

See and Do NZ also provides extra promotion in addition to the Platform with video screen display and print promotion that Suppliers can elect to use. These videos and brochures are distributed to Accommodations, Affiliates and other tourism related and high traffic locations throughout New Zealand by See and Do NZ and Suppliers can pay to advertise and promote their products within these promotional products in conjunction with See and Do NZ. These options are available to be opted into within the Platform.

Scope of Application of these Terms and Conditions
These terms and conditions ("Conditions" or "Contract") govern the relationship between the Supplier and See and Do NZ only. The relationship between Customers and the Supplier is not governed by this Contract, but by the individual agreement entered into between Customer and Supplier. The default agreement between Customers and Suppliers is in the General Terms and Conditions on the See and Do NZ website. If Supplier wishes to provide Services to Customers pursuant to terms other than the Default Supplier Terms, Supplier must directly provide those terms to the Customer. The relationship between See and Do NZ and Customers is governed by See and Do NZ's Terms of Business in the general terms and conditions. The relationship between See and Do NZ and its sub-agents is governed by separate contracts.
Registration of the Supplier
1. Upon registering on the Platform, the Supplier is entitled to offer his Services through the Platform. In the course of registration on the Platform, the Supplier accepts the Conditions. By clicking the "I Agree" button, he agrees that he has read, understood, and agrees to be bound by the Conditions and that he represents and warrants that the individual entering into this Contract on the Supplier's behalf is duly authorized and empowered.
2. See and Do NZ is not responsible for verifying the identity, authenticity, or credentials of the individual entering into this Contract.
3. The Supplier shall offer and render his Services according to the practices and requests of the NZ tax authorities and relevant Tax regulations with NZ Goods and Services Tax (GST). The Supplier shall enter into the relevant contract with Customers in the conduct of his business or self-employed professional activity.
The Service provided by See and Do NZ
1. Supplier authorises See and Do NZ, directly and indirectly through the use of sub-agents, to (i) promote, advertise and offer Services to Customers on Supplier's behalf, (ii) conclude contracts with Customers in the name of and on behalf of Supplier where booking features are utilised on the See and Do NZ website, (iii) collect payments from Customers for the Services if required. Supplier further authorises See and Do NZ's third party payment service provider ("Payment Service Provider") and any other third party authorized by us to process data required to permit the transfer of funds to Supplier's payment account, or as otherwise required in order to operate the Platform.
2. See and Do NZ offers all Suppliers additional promotions such as paid Boosted Listing options where the Supplier can pay to boost their listing to the top of the listings page for monthly intervals and paid video listings on SeeAndDo.TV which is used to advertise on screens through accommodations and other affiliates and via a video streaming service also available to the public. To Suppliers with booking features utilised paid See and Do Top 10 Activities regional brochure advertising, a Rewards System for Suppliers to promote their products giving a free reward initially per listing and again after 10 successful bookings have taken place with that booking, Discount Boosts and other promotions from time to time. These promotions are instigated by the Supplier from their Supplier Account when logged in.
3. See and Do NZ facilitates the promotion, and with booking features utilised the negotiation of the sale, of Services between Customers and the Suppliers by way of the Platform that contributes to increase the Supplier's goodwill, promote the Supplier's Services, and generally encourage Customers to place orders with Suppliers.
4. To secure the quality of the offers, the responding rate and the customer service of the Suppliers, See and Do NZ is entitled to appoint so-called "test shoppers" who are entitled to book a Supplier's offer up to 4 (four) times over the course of 1 (one) year. Test shoppers may only disclose the fact that they acted as a test shopper after the booking has been finalised. In these cases of finalised bookings of test shoppers the Supplier is obligated to pay back any booking fees to See and Do NZ. See and Do NZ will provide the Supplier with detailed feedback on the findings after the test booking.
5. To secure advertising material and conduct promotions for See and Do NZ to promote the Supplier, the Supplier will allow appointed See and Do NZ representatives to take part in their advertised services if requested, to take photographs, video or other promotional material to promote their product solely on the See and Do NZ Platform.
Duties of the Supplier
1. The Supplier represents and warrants that all information with regard to his offer shall at all times be true, accurate, and not misleading. The Supplier shall update the uploaded information as timely as required for guaranteeing the accuracy of the information provided. The Supplier may be held liable for all Customers' claims based upon alleged inaccuracies of the uploaded information as displayed on the Platform (such as information about Services or prices). The Suppliers are responsible for the accuracy of the information as submitted by way of their Supplier Account.
2. The Supplier, if using the See and Do NZ booking system, is required to check the e-mails stated in the Supplier Account at least once per day and action any bookings immediately within that system.
3. The Supplier represents and warrants that all Services shall only be rendered in compliance with all the applicable laws of New Zealand and not to violate any rights of third parties thereby. The Supplier particularly warrants (a) to comply with any consumer protection and other protection, information and consultation duties and regulations, including Occupational Safety and Health and (b) to make sure all administrative and other permissions and licenses as well as insurances and the like needed in New Zealand for fulfilment of the contractual obligations are current and complete and to instruct its service partners according to these terms and conditions accordingly. Upon request, the Supplier will provide respective evidence and documentation, including copies of permits and licences. In the event of alleged non-compliance of the Services provided by the Supplier, the Supplier shall without undue delay cooperate, at his own expense, with any administrative authorities or competition/consumer protection associations.
4. The Supplier represents and warrants that he will provide Customers with all necessary information for the execution of the Service (e.g. meeting point and time, clothing, equipment, etc.) well in advance. The Supplier is responsible for the inclusion of his individual general terms and conditions, which go beyond the terms and conditions provided by See and Do NZ for the contract between the Customer and the Supplier. The latter are available under: https://www.seeanddo.co.nz/generaltermsandconditions.
5. The Supplier represents and warrants that all employed guides possess the legal allowances and meet all necessary legal requirements, including professional qualifications and allowances. The Supplier is fully responsible for the conduct of the guide with regard to Customers or other persons who legitimately use the Services.
6. The Supplier may only offer his own Service via the Platform. The Supplier may not offer Services as an intermediary or agent. To the extent the Supplier nevertheless acts as intermediary or agent he shall be treated as contracting party and shall be held liable for any respective damages. The Supplier needs to be prepared to perform the offered Service. It is not allowed to upload sham Services.
7. The rates, availability, amenities, and restrictions for your Service, and mandatory fees you make available through the Platform have to be equal to or better than what you make available through your own channels or any third party channels. Customers who book a Service through the Platform will be treated at least as well as Customers that book through your own or any third-party channels.
8. The Supplier shall contract a comprehensive general liability insurance which insures all Services that are offered through the Platform. It is obligatory to agree upon an insurance sum that is appropriate for the given booking volumes and risk. The general liability insurance also needs to cover potential regress claims of See and Do NZ. See and Do NZ reserves the right to inspect the insurance policy upon request and demand proof of payment for the insurance premium.
9. The prices provided by the Supplier through the Supplier Account for his offers and Services shall include GST, such other applicable governmental, or local taxes or levies. It is not legitimate to ask Customers to pay any further salaries, taxes, commissions or cover other expenses, upon the execution of the Service.
10. The Supplier agrees to supply their company GST number along with their bank details into the profile of their See and Do NZ account for all ticketing and payments between the Supplier and the Customer.
11. See and Do NZ issues the booking confirmation in the form of a ticket to the Customer on behalf of the Supplier. This is also an invoice between the Supplier and the Customer with the Supplies GST number. The Supplier agrees to recognise this booking confirmation with the booking details as the ticket and GST invoice between them and the Customer.
12. If the Supplier cannot fulfil the booking on the day or time requested, the Supplier agrees to contact the Customer directly using the contact information provided in the Supplier account on the See and Do NZ website and attempt to change the date and time to suit. This must be done within 24 hours.
13. If the booking cannot be changed to suit both the Supplier and Customer the Supplier must cancel the booking within 48 hours so the Customer can be fully refunded with no transaction fee occurring.
14. The Supplier agrees to keep their See and Do NZ account log-in details confidential and guarantees only to allow staff to use it who are authorised to. The Supplier understands that any onsite purchases for Boosted Listings or any other such thing are non-refundable once purchased and invoiced and will be brought into the monthly statements to be added to, or taken off any other monies owing by either party.
Booking and Payment Procedure
1. All visitors to the Platform will have the opportunity to view the offered Services without prior registration.
2. Listings on the See and Do NZ website who have a booking procedure available and in place and the visitor is interested in a specific Service, he will make a booking and the Supplier will be duly notified of such requested booking.
3. All bookings are paid by the Customer immediately upon booking.
4. The transaction goes through the See and Do NZ payment system with the payment held in a separate account until the month following the booking successfully taking place, unless there is a cancellation where the Customer is fully refunded. The Customer pays the transaction fee.
5. The Supplier has access any invoices generated for promotional purchases in their 'Invoice' section within their See and Do NZ account, also a complete summary of bookings showing See and Do NZ commissions in their 'Commission Summary' section and a monthly running balance in the Statement section showing the successfully completed bookings less the See and Do NZ commission as owing to the Supplier, purchases as invoices owing to See and Do NZ and any payments the Supplier may have made during the month. A full statement is issued to the Suppliers email provided in the Suppliers Profile for 'Accounts' on the 5th of the following month.
6. The Supplier will be paid the total amount owing in the statement from all Customers who successfully completed their bookings, less the amount of any See and Do NZ invoices, on the 20th of the month following the completion of the booking.
7. If the Statement shows the purchases for See and Do NZ products exceed the bookings payments for that month the Supplier must pay See and Do NZ the amount owing on the 20th of the month showing on the statement.
8. Listings on the See and Do NZ website for Suppliers who do not have availability of a booking procedure and are using the platform with paid general listings for promotion and referrals to their website, will have a link to the their website where visitors to the platform will be directed to instead of a Booking action taking place.
Listing Procedure - Suppliers
1. It is free to list on the See and Do NZ website if booking features are utilised and commission is paid to See and Do NZ on sales from each successful booking.
2. If a Supplier does not have a booking procedure and their business is not able or it is not practical to take bookings via a booking system, they can elect to have a paid listing.
3. During the set up procedure of each listing, the Supplier can (1) elect to use their existing live booking system if it is available to be used on the See and Do NZ Website, Or (2) elect to use See and Do NZ's booking via email request system, or (3) elect to pay to list if either of these options are not valid to be utilised for their tourism business.
Automated Booking Processing using Suppliers Booking System
1. If an existing Booking System is being used by the Supplier, they are to tick which one on the list provided and supply the relevant information for See and Do NZ to connect to their booking system to facilitate the booking process between the Customer and the Supplier on the See and Do NZ website using their booking system's API.
2. If the Suppliers required booking system is not available on the See and Do NZ website the supplier agrees to use the See and Do NZ email notification booking system. The Supplier can contact the See and Do NZ team to request adding their booking system to the list available at some future date if See and Do NZ should see fit.
3. With live booking enabled via the Suppliers Booking System, bookings are automatically accepted and confirmed by the system. The booking draws from the Suppliers booking system, which is administered by the Supplier. An automated booking takes place, as long as there are places left in the booking system. The Supplier shall keep their booking system up-to-date at all times.
4. See and Do NZ is not responsible for the accuracy and/or completeness of Customer-related data and third-party booking systems data. The Supplier is responsible for keeping this up to date and current at all times.
See and Do NZ email notification booking system
1. There is an option to book with the See and Do NZ Booking System via Email Request where the Supplier has 48 hours to accept, request a change of date and/or time with the Customer by direct communication with the Customer, or cancel the booking through the See and Do NZ website. The Supplier must reply promptly with these bookings and follow correct procedures to facilitate these bookings.
2. The Supplier is emailed immediately upon a booking taking place. The Customer has paid and the booking is pending. The Supplier must go to their 'My Bookings' page within their See and Do account to Action the request with either Accept, Cancel or Change the date or/and time. The Customers contact details are made available here when clicking 'Change' and this is expected to take place immediately, or as soon as possible from receipt of the first email. The Supplier will be sent an email reminder 12 hours later if this booking is still pending and again 24 hours later if it is still not actioned.
3. Unless mutually otherwise agreed upon the Supplier has a timeframe of 48 (forty-eight) hours upon receipt of the booking request in his e-mail inbox to accept the request. If the request is accepted, the contract between the Supplier and Customers becomes effective and the booking is confirmed. If the booking is cancelled the Customer is fully refunded and emailed that it has been cancelled.
4. The booking will be automatically cancelled in 48 hours of the booking being placed if the supplier does not accept or cancel the booking within this time.
Pay to list processing and billing
1. Any Supplier who does not have a live booking system or cannot take bookings via email and therefore is not able to pay commissions for a legitimate reason and elects to pay monthly or yearly the paid listing fee stated on the See and Do NZ website will, in this case have visitors through the See and Do NZ website referred to the Suppliers website which will be linked to the webpage entered by them into this field of the listing process, instead of a booking procedure taking place.
2. After filling in and electing this option and the billing period preferred, The Supplier will be billed to the accounts email address entered into the Suppliers profile. This bill must be paid promptly on the due date on the invoices sent from See and Do NZ. See and Do NZ reserves the right to increase the paid option for listing price at its sole discretion at any time.
3. Pay monthly: If you have elected to pay monthly, payment of all fixed monthly Service Charges is payable in advance on the Due Date in the issued invoice and Statement. We will issue you with a tax invoice for the charges on a monthly basis. The term of this Agreement will commence on the Commencement Date and continue until terminated by either party providing 30 days prior written notice to the other party; or
4. Pay annually: If you have elected to pay annually in advance, an amount equal to the Service Charges for a 12-month period is payable upon entry into this Agreement. All Usage Charges are payable annually one month in advance on the due date. We will invoice you for the initial 12-month payment and will issue further invoices annually. The term of this Agreement will commence on the Commencement Date and either party may terminate this agreement by providing written notice at least 30 days prior to the expiry of the 12-month period, in which case the effective date of termination will be the end of that 12-month period. If this Agreement is not terminated before the end of its then current term, it will automatically renew at the end of each term for a further 12 month period and we will charge you for that further 12 month period upon each renewal unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term.
5. All charges paid to See and Do NZ by you are non-refundable in all circumstances, including but not limited to any Service Charges paid in advance
6. The initial invoice is sent on the day of ordering. All repeating invoices are sent on their due date. Statements are emailed on the 5th of the following month with the due payment date on the 20th of the month.
The Supplier's Booking Offers and Listings
1. The Supplier will enter the data of the Services into the Supplier Account. He is responsible for ensuring that the provided information is always up-to-date. Revised, cancelled, or invalid Services must be deleted immediately.
2. It must be clear from the Service description that the Supplier offers the Services in his own name and in his own responsibility. The Services must be offered under the generally used company and brand name. There must not be the impression, neither directly nor indirectly, that See and Do NZ is the Supplier of the Services, or that See and Do NZ has tested the quality of the offered Services or otherwise emphasizes their quality.
3. See and Do NZ shall be entitled to give a discount on the Service price - at its own cost up to the level of the commission - to members of a closed user group.
4. In the event that the Supplier has several listings within their account, each listing must be genuine and a different product from the Suppliers other listings.
Boosted Listings
1. Paid Boosts.
2. It is understood that there are 4 spaces available at the top of each page that can be purchased as Boosted Listings by Suppliers for products listing on that page.
3. These are available to be purchased on the website and also booked in advance.
4. All booked boosted listings that have not yet been invoiced can be cancelled with 30 days' notice using the Cancel button provided.
5. These cancelled bookings may be given away immediately to those on the waiting list who have ticked to auto-book if one becomes available.
6. Discount Deal Boosts
7. Suppliers with commission-based listings can boost their listings with a Discount Deal
8. These are not available for Paid Listings.
9. The Supplier understands that these are positioned on the page the product is listing on directly after any Paid Boosts in the order of the highest Discount Boost at the top. The discount boosts are generally above any listings not discounted within the general listings on each page.
10. The highest discounts on the website will also be shown on the Home Page and the relevant North Island and South Island main pages and Regional Pages totally at See and Do NZ's discretion.
11. The Supplier agrees that See and Do NZ can use these discount deals for promotion on social media or any other advertising medium See and Do NZ chooses.
Displayed Content and Intellectual Property
1. The Supplier grants See and Do NZ a non-exclusive, royalty free and worldwide right and license (or sublicense as applicable):
  1. to use, reproduce, have reproduced, distribute, sublicense, communicate and make available in any method and display the intellectual property rights of and in the content submitted through the Supplier Account pursuant to these Conditions and which are necessary for See and Do NZ to exercise its rights and perform its obligations under these Conditions;
  2. to use, reproduce, have reproduced, process, distribute, sublicense, display and utilize (including without limitation to publicly perform, modify, adapt, communicate, reproduce, copy, translate and make available to the public in any manner whatsoever) the provided content.
2. See and Do NZ may sublicense, make available, disclose and offer this content (including the relevant intellectual property rights) of the Supplier and all such further rights and licenses set out in this Contract via or in collaboration with (the websites, apps, platform, tools or other devices of) affiliated companies and/or third parties.
3. In no event shall See and Do NZ be liable to the Supplier for any acts or omissions on the part of any third-party platforms. The sole remedy for the Supplier in respect of such third party platforms is (a) to request See and Do NZ (which has the right and not the obligation) to disable and disconnect with such third party platform, or (b) termination of this Contract, all in accordance with the terms of these Conditions.
4. The Supplier is liable for any claim of third parties related to copyright infringements of content he has provided to See and Do NZ (see also clause 26 Liability of Supplier and Indemnification).
Marketing and Promotion
1. See and Do NZ is entitled to promote the Services of the Supplier using the Supplier's name(s) in online marketing, including e-mail marketing and/or pay-per-click (PPC) advertising, Facebook marketing, Instagram marketing and any other social media marketing, video promotion, screen display, print advertising or any other medium.
2. It is in See and Do NZ's sole discretion how to advertise the offers of the Supplier on the Platform, on print, screen display, social media or on third party websites and in online affiliate networks, including but not limited to ranking and promotion.
3. The Supplier agrees not to specifically target the See and Do NZ brand directly through keyword purchases that use See and Do NZ's intellectual property rights.
4. See and Do NZ runs online marketing campaigns at its own cost and discretion unless otherwise mutually agreed upon individual promotions with a Supplier or Suppliers.
Paid Advertising Options with See and Do NZ
1. See and Do NZ also has some optional paid advertising able to be purchased within the website platform such as boosted listings, video listings on SeeAndDo.TV which are instigated by the Supplier and are agreed upon when the Supplier ticks the order form within the Suppliers See and Do NZ admin area in the website when logged into their account on the Platform. The Supplier will receive a confirmation email and will be invoiced from See and Do NZ to be paid promptly on due date noted on the invoice.
2. See and Do NZ will issue a tax invoice for the charges on a monthly or yearly basis. The term of this Agreement will commence on the Commencement Date and continue until the date elected in the paid advertising.
3. See and Do NZ also has other paid advertising and marketing campaigns from time to time that Suppliers can elect take part in if they choose such as brochure, cinema video advertisement promotions and other marketing which if the Supplier agrees to take part will be invoiced from See and Do NZ to be paid promptly on due date noted on the invoice.
Responsibility for Content
1. The Supplier is responsible for content submitted through the Supplier Account, such as for instance descriptions of Services, etc. See and Do NZ treats such content as external content. See and Do NZ also treats Customers content, such as reviews, etc. as external content and excludes liability.
2. If See and Do NZ is notified about or detects content that does not comply with these Conditions or any other legal provisions, See and Do NZ may partially or fully delete this content at its own discretion. If this content originates from a Supplier, See and Do NZ is entitled to block access to or delete the respective Supplier Account. See and Do NZ will always consider the respective mutual interests in the respective case before blocking or suspending a Supplier Account.
3. The Supplier may only upload content and data for which he owns the corresponding (copy) rights. Such information must not abuse privacy rights of Customers, third parties, etc. and needs to comply with the applicable competition laws and other legal requirements.
Cancellations
1. Unless agreed otherwise between the Parties, the Supplier is aware and consents that Customers are entitled to cancel their booking with full refund of the ticket price up to 24 (twenty-four) hours, 48 (forty-eight) hours or 7 days before the booked date of Service depending on which of these cancellation terms the Supplier ticks and agrees to during set-up.
2. The ticket price will be refunded in full to the customer when the Supplier clicks the 'Cancel' button for any specific booking in their 'My Bookings' page of their admin area in the Platform.
3. If Customers want to cancel the booked Services after the cancellation term stated and agreed to between the parties in their booking agreement has occurred, or if the person for whom the Service was booked for does not appear at the date of the Service, Customers are obliged to pay the full price of the Service.
4. The 'Cancel' button is however available right up until booking takes place. It is therefore at the Suppliers discretion if any booking is to be cancelled up until the booking takes place regardless of the Suppliers cancellation policy. This is to give the ability for the supplier to give extra consideration for exceptional circumstances with the ability to show compassionate exception.
5. No cancellation or refund to the Customer can take place after the actual booking date.
6. Customers are encouraged to contact the Suppliers directly to cancel a booking and the Supplier agrees as per their cancellation agreement to cancel any eligible booking at any customer request for any reason before the agreed upon no cancellation time limit has occurred.
7. If the Supplier needs to change a booking date due to bad weather or whatever reason, the Supplier agrees contact the customer to attempt to postpone the booking and re-book another mutually agreeable date. In the Suppliers 'My Bookings" page there is a Postpone button along with the Cancel Button for each uncompleted booking. The Postpone button will pull up the Customers contact details so the Supplier can make contact and change the booking date. Upon changing the date in the Pop-up window after clicking on Postpone, the Customer will be re-issued the ticket again with the new agreed and confirmed dates on it.
8. If the Supplier needs to cancel a booking due to bad weather or whatever reason at his discretion right up until the date of the Service, this can be done at any time by clicking on the Cancel Button in their admin area within their 'My Bookings' page of the Platform. This will always refund the Customer the ticket price in full. It is therefore the Suppliers choice and the Supplier is able to cancel and refund a booking after the agreed upon cancellation policy so that in the event the Supplier needs to cancel due to no fault of the Customer right up until the date of the Service or for compassionate reasons the Supplier can cancel and the Customer will get a full refund of the ticket price.
9. The Customer will not be refunded the transaction fee for any cancellation after the initial acceptance of the booking.
10. See and Do NZ provides costly and intensive efforts to market Services to Customers. Therefore, if the Supplier unjustifiably or with negligence fails to deliver or cancels Services that have been booked by Customers, Supplier agrees (i) that See and Do NZ may make a full refund to the affected Customer, and (ii) the Supplier will pay See and Do NZ the amount of the refund plus a contractual penalty. The contractual penalty shall be twenty percent (20%) of the gross selling price of the Service on the Platform for each affected Customer. See and Do NZ may, at its sole option, forgo this contractual penalty, in whole or in part, if Supplier provides an alternative but equivalent Service at the same date to the affected Customers.
11. In case of "Force Majeure", which are circumstances beyond the Parties' reasonable control, including without limitation, Covid-19 government shutdowns and Alert Levels that prevent the operation of the service, natural catastrophe, war, act of terrorism, interruption of electricity and strikes, the Supplier shall allow Customers to return purchased tickets for the effected time for a full refund of the ticket price right up to the day of the booking. It is a simple matter of cancelling the bookings by clicking the cancel button for the effected bookings and the customer will be refunded and emailed with the cancellation information.
12. If a force majeure situation occurs at the travel destination, regardless of whether Supplier continues to provide Services during the affected period of time. See and Do NZ reserves the right to cancel bookings and process the refunds and transmit them to affected Customers if Suppliers do not act on this situation in an immediate and timely manner.
13. In the event that Supplier cancels their Services or closes their business due to the occurrence of Force Majeure or any other reason, he must notify See and Do NZ immediately.
Customer Complaints
Complaints or claims in respect of (the Service offered, rendered, or provided by) the Supplier or specific requests made by Customers are to be dealt with by the Supplier as See and Do NZ is not responsible for and disclaims any liability in respect of such claims from Customers. See and Do NZ may at any time and at its sole discretion (a) offer customer (support) services to a Customer, (b) act as intermediate between the Supplier and Customers, (c) provide - at the costs and expenses of the Supplier � an alternative service of an equal or better standard in the event of an overbooking or other material irregularities or complaints in respect of the offered or provided service, or (d) otherwise assist Customers in their communication with or actions against the Supplier.
Commission Payment to See and Do NZ
1. For Commission listings through Suppliers booking systems, the Supplier agrees to pay See and Do NZ a commission for the brokering of contracts with Customers. The amount of the commission, which shall be separately agreed on by the Parties, is understood to be plus any statutory value added tax (GST). The commission will be deducted from the gross amount charged to Customers as the sales price for the Service on the Platform in New Zealand currency. If no payment is credited to See and Do NZ (e. g. revocation of credit card payment), there will be no commission credited to See and Do NZ.
2. The commission for See and Do NZ will be billed on a monthly basis at the rates paid by the Customers. Any taxes and other expenses that are to be paid by the Supplier will not be compensated separately. Banking fees and other transaction costs are at the expense of the Customer.
Credit Card Payments
1. The credit card payment of Customers will be collected upon booking. If a contract could not be concluded for any reason including by way of the Email Request Booking Processing, the credit card payment will be reversed.
2. See and Do NZ takes care of the Customers' payment collection. It is at our sole discretion to choose a Payment Service Provider. See and Do NZ may not be held liable in case of incorrect or incomplete entry of the Supplier's bank account information into the Supplier Account.
3. Should Customers cancel their credit card payment before the transaction is completed or the payment is not fulfilled for any other reason, See and Do NZ will inform the Supplier immediately.
4. If a credit card payment is revoked after the fulfilment of the contract between the Supplier and the Customer, See and Do NZ will inform the Supplier immediately. See and Do NZ or the Supplier will inform the Payment Service Provider about the reasons for withdrawal according to the particulars of the credit card organization and the Supplier needs to comment within 5 (five) working days. The correct party will forward this statement to the credit card organization.
5. See and Do NZ is not obliged to take legal measures of any kind against Customers, who do not pay for a certain Service or cancellation, or who revoke a credit card payment. See and Do NZ will transfer these claims, if any, to the Supplier, if possible.
Commission Billing
1. The credit card and banking fees for any payment transfers between the Customer and See and Do NZ will be borne by the Customer.
2. All bookings, commissions, invoices and statements are available to be viewed at any time within the Suppliers account.
3. See and Do NZ will email the Supplier a statement on the 5th of the month following of the successful completion of the bookings showing all the bookings that have been carried out during the previous month by way of the Platform with the due amount payable less See and Do NZ's commission.
4. This statement will also show any invoices for purchases for the previous month and is the basis for any payment. The Supplier or See and Do NZ may raise any claim with regard of an (alleged) inaccuracy of the invoice within a deadline of 30 (thirty) days. To the extent no claim has been raised the invoice is deemed to be accepted.
5. Payments between See and Do NZ and the Supplier will be conducted on the 20th of the month following the successful completion of any booking.
6. All transactions are in $NZ.
7. Some banks add fees for receiving international payments. These fees are solely at the Supplier's expense.
Taxes
The Supplier is responsible for accounting to the relevant tax authorities for any taxes applicable to any amount received by the Supplier in consideration of the Services. If requested by See and Do NZ, the Supplier will promptly provide See and Do NZ with valid tax invoices in respect of any transactions through the See and Do NZ Platform.
Rules for Customer-related Communication
1. The Supplier may neither in his Service description or via a private direct message refer Customers or sub-agents to his own external internet website, a third party website/platform, or otherwise provide information to get in touch outside of the Platform for anything other than the completion of a successful See and Do NZ booking.
2. The Supplier is required to handle all Customers' inquiries, etc. received through See and Do NZ exclusively as a See and Do NZ Supplier. The Supplier will neither directly nor indirectly urge Customers or sub-agents, who got in touch through See and Do NZ, to book a service outside the Platform. If prospective Customers or sub-agents, who got in touch through See and Do NZ, inquire to book a service outside the Platform, the Supplier will refer him to the Platform.
Review System
After the fulfilment of a Service, Customers have the opportunity to review a booked Service through See and Do NZ's review system. The aim of the review system is to create meaningful and accurate feedback and the Supplier profiles in terms of performance, reliability, and trustworthiness. These Profiles can be viewed by any Customer on the Platform. All content provided in this review system is the exclusive content of See and Do NZ. The Supplier is not allowed to publish reviews on his own site/third party sites without the prior written consent of See and Do NZ.
Data Protection
The Supplier agrees that he has in place and will maintain, or will establish and maintain, adequate security procedures and controls to prevent the unintended disclosure of, and the unauthorized access to or misappropriation of, any personal data or information of any Customer. Neither the Supplier nor its affiliates shall either directly or indirectly, engage in any solicited or unsolicited marketing, promotional, or similar communications with any Customer that has booked through the See and Do NZ Platform without such Customer's consent. The Supplier will process, store, transmit, and access any Customer-related information that includes payment information (including, without limitation, credit card, debit card, or bank account information) in compliance with applicable law including, without limitation, the data security rules of the Payment Card Industry Data Security Standard for protecting credit and debit cardholder information applicable to the Supplier, in each case as the same may be amended, updated, replaced, or augmented. Upon See and Do NZ's request, the Supplier will provide evidence that he has established and maintains technical and organizational security measures governing the processing of personal data in accordance with this section.
Representations and Warranties
In addition to any other representations and warranties made by the Supplier in these Conditions, the Supplier hereby represents and warrants that: (a) the Supplier has authorized the individual entering into these Conditions on the Supplier's behalf to take such action on the Supplier's behalf, (b) this Contract constitutes a valid and binding obligation enforceable against the Supplier in accordance with its terms, (c) the performance of the Supplier obligations under these Conditions will not violate any agreement or obligation between the Supplier and any third party, (d) the Supplier's performance under these Conditions will comply with the Conditions, (e) the Supplier holds all licenses, permits, and authorizations required to make his service available for booking through the Platform and to otherwise comply with the Supplier's obligations under these Conditions, (d) the Supplier is the owner of all intellectual property rights for everything uploaded through the Supplier Account or authorized by the owner of such rights to upload and license such rights through the Platform.
Liability of the Supplier and Indemnification
The Supplier agrees, at his expense, and on an after-tax basis, to indemnify, defend, and hold harmless See and Do NZ, each of its affiliates and any of See and Do NZ's or any of its affiliates' officers, directors, employees, or agents or See and Do NZ's third party distribution partners against any third-party claim, action, loss, damage, expense or other liability (including without limitation, attorneys' fees and expenses) arising from or relating to (a) the Supplier's Services, (b) the performance of the Supplier's duties and obligations under this Contract or any breach or default by the Supplier under this Contract, including, without limitation, a breach of any representation, warranty or covenant, or (c) any allegation that See and Do NZ's or any of its affiliates' use, reproduction, distribution or display of the Service information as permitted under this Contract infringes or misappropriates the intellectual property rights of any third party. The Supplier agrees to use a counsel reasonably satisfactory to See and Do NZ to defend any indemnified claim, and See and Do NZ may participate in the defence or settlement of any claim at any time using attorneys selected by See and Do NZ at the Suppliers expense. The Supplier also agrees not to consent to the entry of any settlement or judgment without See and Do NZ's prior written consent, which will not be unreasonably withheld by See and Do NZ.
Limitation of Liability of See and Do NZ
1. See and Do NZ makes no representations or warranties regarding the Platform, including any temporary or permanent interruption of the operation of the Platform.
2. See and Do NZ bears no risk with respect to the number, frequency, or type of Services booked through the Platform.
3. See and Do NZ's liability under the Conditions shall be restricted as follows: See and Do NZ shall be fully liable for losses caused intentionally or with gross negligence by See and Do NZ. See and Do NZ's liability shall be limited to the amount which was foreseeable by See and Do NZ at the time the respective Service was performed.
Term and Termination
1. The Contract is concluded for an indefinite period of time.
2. The Supplier and See and Do NZ may terminate the Contract at any time and without cause. A termination can be done in writing by emailing [email protected]. Remaining confirmed bookings shall be executed as planned.
3. Any such termination does not release you from your obligation to pay any outstanding fees.
4. If there are specific indications that a Supplier is culpably violating legal provisions, third party rights, or the Conditions or if See and Do NZ otherwise has a legitimate interest, particularly with regard to protecting Customers or other Suppliers against fraudulent activities See and Do NZ is entitled to take one or more of the following actions taking into account the respective interest of the Supplier in the respective case in a reasonable manner:
  1. Issue the Supplier with a warning;
  2. Delete the Supplier's offers or other content;
  3. Restrict the Supplier's use of the website;
  4. Temporarily or permanently exclude (block) the Supplier from the website;
  5. Contest and cancel existing bookings in the name of the Supplier without taking into account the applicable cancellation policies, and reject Customers' offers for the conclusion of a Contract in the name of the Supplier.
Amendment
See and Do NZ reserves the right to modify and impose new or additional terms and conditions to this Contract at any time. You are encouraged to review this contract from time to time for minor changes. See and Do NZ will notify the Supplier via email if any major changes have been made to this Contract. If the Supplier does not accept such modifications or new or additional terms and conditions, he may terminate this Contract upon written notice to See and Do NZ. The Supplier's failure to exercise his right to terminate this Contract within 30 (thirty) days after notice of any modification or new or additional terms and conditions to this Contract will constitute his acceptance of such changes.
Final Provision
1. If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable section will be severed, and the remainder of this Agreement will remain in full force and effect.
2. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches.
3. The claims of the Supplier resulting from this Contract may not be assigned or transferred to third parties without the prior written approval of See and Do NZ. See and Do NZ may at any time without your consent, by notice to you, assign or deal with its rights under this Agreement.
4. This Contract shall be governed by and construed in accordance with the provisions of New Zealand Law. The place of performance and exclusive legal venue for any disputes arising from or in connection with the performed services shall be Auckland, New Zealand

Kerikeri, 26^th November 2020