Please read these Terms of Service (“Terms”) carefully as by accessing or using the Bushman Tours Platform (as defined below), you agree to comply with and be bound by these Terms.
These Terms constitute a legally binding agreement (“Agreement”) between you and Bushman Tours Limited (NZBN 9429047125490) (“Bushman,” “we,” “us,” or “our”) governing your access to and use of the Bushman Tours website, including any subdomains thereof, and any other websites or smart device applications (if any) (“Bushman Platform”) through which Bushman Tours makes its services available (“Bushman Services”).
1. Scope of Bushman Tours Platform
1.1 The Bushman Tours Platform is an online marketplace that enables registered users (“Members”) who offer services (“Bushman”, singular, or “Bushmen”, multiple, and the services they offer, which may include the offering of single or multi-day guided tours or experiences, hikes, or hunting, and a variety of other incidental travel and non-travel related services, are “Bushman Services”) to publish such Bushman Services on the Bushman Tours Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book Bushman Services (Members using Bushman Services are also known as “Visitors” when a Member has booked or likely to book a Listing).
1.2 As the provider of the Bushman Tours Platform, Bushman Tours does not provide, offer, deliver, or supply any Bushman Services. Bushmen alone are responsible for their Bushman Services. When Members make or accept a booking, they are entering into a legally binding contract directly with each other. Bushman Tours is not and does not become a party to or other participant in any contractual relationship between Members. Bushman Tours is not acting as an agent in any capacity for any Member.
1.4 The Bushman Tours Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Bushman Tours is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Bushman Tours of such Third-Party Services.
2. Using the Bushman Tours Platform
2.1 You must be an individual at least 18 years old and able to enter into legally binding contracts to use the Bushman Tours Platform.
2.2 You can register to become a Bushman by completing an application form with Bushman Tours and disclosing your details and all other information reasonably required by Bushman Tours. Once accepted, you may release your Profile (“Bushman Profile”).
2.3 You must provide accurate, current and complete information during the application process and keep your Bushman Profile and public profile page information up-to-date at all times by contacting us with any updated information or using your Bushman Dashboard to update.
2.4 Bushmen cannot register more than one (1) Bushman Profile. You cannot assign or otherwise transfer your Bushman Profile to another party.
2.5 We do not assume any responsibility for the confirmation of any Member’s identity. Despite this, for transparency and fraud prevention purposes, we may, but have no obligation to:
2.5.1 ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members;
2.5.2 screen Members against third party databases or other sources and request reports from service providers.
2.6 Further to clause 2.5 above, Bushman Tours does not endorse any Member, Listing or Bushman Services. Any references on the Bushman Tours Platform to a Member or Bushman being “verified” (or similar language) only indicate that the Member or Bushman has completed a verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Bushman Tours about any Member or Bushman, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to procure Bushman Services, accept a booking request from a Visitor, or communicate and interact with other Members, whether online or in person.
2.7 If we choose to conduct identity verification or background checks on any Member or Bushman, to the extent permitted by law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
3. Service Fees
3.1 Bushman Tours may charge fees to Bushman (“Bushman Fees”) and/or Visitor (“Visitor Fees”) (collectively, “Service Fees”) in consideration for the use of the Bushman Tours Platform or fees from specific payment gateways Bushman Tours decide to use.
3.2 Any applicable Service Fees (including any applicable Taxes (as defined below)) will be displayed to a Bushman or Visitor prior to publishing or booking a Listing. Bushman Tours reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
4.1 Bushman Tours can use a related entity or a third party service provider to provide payment services acting as a payment facilitator on behalf of the Bushman and Visitors (“Payment Provider”).
4.2 By buying or selling Bushman Services using the Bushman Tours Platform, you agree to be bound by the Payment Provider’s policy which is located at https://stripe.com/nz/privacy, https://www.paypal.com/en/webapps/mpp/ua/privacy-full and https://docs.woocommerce.com/documentation/get-help/woocommerce-com/privacy/ and hereby consent and authorise Bushman Tours and the Payment Provider to share any information and payment instructions you provide with another, and to the extent required to complete your transaction, with any other third party service provider. By registering and creating an account with Bushman Tours, you agree to be bound by the Payment Provider’s terms and conditions which are located at https://stripe.com/nz/legal and https://www.paypal.com/ga/webapps/mpp/ua/useragreement-full
4.3 In accordance with these Terms, Bushman Tours will collect the Total Fees (as defined below) at the time of the booking request made by a Visitor.
4.4 The Total Fees (as defined below) of the Bushman Service and Tour will be deducted accordingly by the Payment Provider (chosen by the visitor at checkout) automatically and immediately upon your acceptance of these Terms. By submitting a payment through the Payment Provider, you confirm your acceptance of these Terms.
4.5 You are responsible for paying any Service Fees that you owe to Bushman Tours upon checkout of booking a Bushman Service. The applicable Service Fees (including any applicable Taxes) are collected by the Payment Provider and any Bushman Fees will be deducted from the Listing Fee before payment to the Bushman. Any Visitor Fees are included in the Total Fees collected by the Payment Provider.
5. Cancellations and Refunds
5.1 Visitors can cancel a confirmed booking at any time pursuant to these Terms and we will refund an amount of the Total Fees due to the Visitors in accordance with these Terms. If your booking is subject to a deposit by Bushman Tours and the booking is cancelled, you will lose your deposit no later than 30 days from the commencement of your tour minus any administration fees as mentioned below.
5.2 Visitors can cancel a confirmed booking up to 48 hours before the booking for a full refund of the Total Fees minus the deposit and administration fees if applicable if (i) this aligns to the Bushman’s cancellation terms and/or (ii) the terms hereby set out in these terms and conditions by Bushman Tours. Any cancellations made within 48 hours leading up to the commencement time of the confirmed booking will result in the Visitor forfeiting the Total Fees and no funds will be refunded to the Visitor unless the Visitors has purchased a supplied cancellation insurance policy through Bushman Tours or an external broker in accordance with these terms.
5.3 If a Bushman cancels a confirmed booking, the Visitor will receive a full refund of the Total Fees. Bushman Tours may impose a cancellation fee payable by the Bushman, or, terminate the contract with the Bushman unless the Bushman has a valid reason for cancelling the booking or has legitimate concerns about the Visitor’s behaviour or ability/capability to complete a Tour. Bushman Tours may also offer a replacement Tour to the Visitor at a similar or exact price and will process the difference where applicable.
5.4 Force majeure may cause the cancellation of a Tour and will be determined so by the Bushman’s and Bushman Tours’ careful consideration taking into account the Bushman Tours Safety Management Plan. In most cases, Bushman Tours will endeavour to provide alternatives to the Visitor like conducting the Tour on a different date, transferring your booking to a different date, location and Bushman, putting your Tour and payment on hold, and/or forfeiting the tour altogether. The Visitor will be entitled to a full refund minus any costs associated with the Bushman and Bushman Tours to begin the operating of the Tour (like food purchases, travel or vehicle hire, administration and payment fees or similar). The Bushman will be entitled to the reimbursement of any expenses used to determine force majeure in accordance with their Supplier Agreement with Bushman Tours. The cancelation of a Tour due to force majeure may happen at any time including up to and on the start date and time of a Tour, or during.
5.5 In certain circumstances, Bushman Tours may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be (for example only) where Bushman Tours believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to the Bushman, other Members, third parties or property. This may also occur from the information provided by New Zealand government for specific requirements similar to civil and national emergencies or lockdown/quarantining regulations.
6. Bushman Terms inline with the Supplier Agreement
6.1 If a user chooses to use the Bushman Tours Platform as a Bushman, their relationship with Bushman Tours is limited to being a Supplier (“Supplier”), and not an employee, agent, contractor or partner of Bushman Tours for any reason, and they act exclusively on their own behalf and for their own benefit, and not on behalf, of Bushman Tours. Bushman Tours does not, and will not be deemed to, direct or control the Bushman generally or in their performance under these Terms specifically, including in connection with their provision of the Bushman Services. Bushmen acknowledge and agree that they have complete discretion whether to provide Bushman Services or otherwise engage in other business or activities. Bushmen agree to execute and be bound by a separate Supplier Agreement prior to providing any Bushman Services and that these terms align to their use and involvement on the Bushman Tours Platform.
6.2 Bushmen must not, in any circumstances, subcontract the Bushman Services to be provided under these Terms to any other person.
6.3 Bushman alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Bushman Services including any regulatory requirements to register, get a permit or obtain a license before providing certain Bushman Services (such as preparing food, guiding tours or operating a vehicle) outside of what Bushman Tours has agreed to cover on their behalf. Bushmen are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Bushman Services they offer through the Bushman Tours Platform. Penalties may include fines or other enforcement. Bushmen represent and warrant that any Listing posted by Bushman Tours on their behalf and the booking of a Bushman Service will comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Bushman, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who participate in Bushman Services.
6.4 When creating a Listing through the Bushman Tours Platform Bushmen must (i) provide complete and accurate information about their Bushman Service (such as listing description, meet up location, the principal location of the Bushman Service, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements) and (iii) provide any other pertinent information requested by Bushman Tours.
6.5 Bushman Tours will agree and provide a price guideline for the Listing represented on a Bushman Profile (“Listing Fee”). Bushmen are foremost invited to set their own pricing for Listings. Once a Visitor requests a booking of their Listing, they may not request that the Visitor pays a higher price than in the booking request or accept extra payment whether in cash or other during the running of the Bushman Services under any circumstances. Any payments requested after payment, during or post activity or tour must be completed through the Bushman Tours platform.
6.6 Taxes: Bushmen are solely responsible for determining their obligations to report, collect, remit or disclose any applicable GST or other indirect taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes”) unique to them as a Supplier to Bushman Tours and required by law.
6.7 Any Member Content used in a Bushman’s Listing must accurately reflect the quality and condition of their Bushman Services and they agree that this is vetted by Bushman Tours.
6.8 When a Bushman builds and sets live a Listing via their Bushman Dashboard, they are entering into a legally binding agreement with the Visitor and are required to provide, at a minimum, the Bushman Services to the Visitor as described in the Listing when the booking request is made. They also agree to pay any applicable Fees and any applicable Taxes. These Terms form the agreement with the Visitor (to the extent that they apply) and the Bushman. Bushmen agree not to enter into any contractual arrangement with the Visitor other than as referred to in these Terms. If and to the extent any party breach this provision, without limiting Bushman Tours’ rights, both the Visitor and Bushman agree and acknowledge that (i) Bushman Tours will suffer loss and damage, (ii) Bushman Tours is entitled to seek to recover damages from you for, or otherwise withhold from any amounts owing to you, an amount equal to 25% of the funds received by you in respect of the external arrangement made by you in breach of these Terms as described in this provision, and (iii) such amount that is Bushman Tour’s genuine pre-estimate of the loss and damage it would suffer in those circumstances.
6.9 Bushman Tours recommends that Bushmen obtain appropriate insurance for their Bushman Services. You are solely responsible for obtaining insurance cover to a level that you consider appropriate.
6.10 Bushmen must fully educate and inform Visitors about any risks inherent to the participation prior to the Tour start date and time and anything else that Visitors may need to know to safely participate (including but not limited to dress, equipment, food and drink requirements) upon the arrival at the designated meet up location as identified in the Listing for the Bushman Service.
6.11 By making and accepting their Bushman Profile and Listing, and providing the Bushman Services through the functionality of the Bushman Tours Platform, the Bushman agrees that only people that book through the Bushman Tours Platform can participate in the Bushman Services. The Bushman further agrees that they will not allow people to participate in the Bushman Services that have not booked that service through the Bushman Platform or were added as an additional Visitor through the Bushman Platform.
6.12 The Bushmen are responsible for acquiring all equipment necessary for conducting their Services and as noted in their Supplier Agreement with Bushman Tours; including supplies, gear, venues and other materials (“Equipment”) necessary to conduct their Bushman Services. Bushmen are solely responsible for ensuring that the Equipment used in the Bushman Services is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, they assume all risk of damage or loss to their Equipment.
6.13 The Bushman warrants that:
6.13.1 the Bushman has an appropriate level of skill, training, experience and competence to perform the Services safely and to a reasonable standard of workmanship expected in the profession or industry of the Bushman;
6.13.2 there is no prohibition or restriction or other obligation which would preclude, prevent or hinder the Bushman providing the Bushman Services;
6.13.3 the Bushman has not knowingly failed to disclose to Bushman Tours any matter which might have materially influenced Bushman Tours’ decision whether or not to engage the Bushman to perform the Services;
6.13.4 the Bushman is aware that Bushman Tours is relying on these warranties.
6.14 The Bushman indemnifies Bushman Tours in respect of any and all claims giving rise to liability on the part of Bushman Tours in respect of a breach of clause 6, excluding:
6.14.1 any claims made against the Bushman or Bushman Tours in breach of the Health and Safety at Work Act 2015; and
6.14.2 any other known breaches of government acts against the Bushman or Bushman Tours.
6.15 The Bushman will:
6.15.1 perform the Bushman Services to the highest industry standards so as to promote and further the interests of Bushman Tours;
6.15.2 comply with all relevant laws applicable to the conduct of the Services and the operation of the Equipment;
6.15.3 comply with the Health and Safety at Work Act 2015 or any substituted legislation, or consequential regulations, and Bushman Tours’ health and safety policies, directives or procedures, as amended from time to time;
6.15.4 work with any employees or other contractors of Bushman Tours, as required, in a competent and professional manner;
6.15.5 notify Bushman Tours immediately on the cancellation or unavailability of conducting Services due to illness, injury or similar, and;
6.15.6 comply with Bushman Tours’ reasonable directions and instructions in relation to the performance of the Services.
7. Terms specific for Visitors
7.1 Subject to meeting any requirements set by Bushman Tours and/or the Bushman, you can book a Listing available on the Bushman Platform by following the respective booking process. All applicable fees, including the Listing Fee, Service Fees and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your profile and/or user account..
7.2 Upon receipt of a booking confirmation from Bushman Tours, a legally binding agreement is formed between you and your Bushman. These Terms form your agreement with the Bushman (to the extent that they apply). You agree not to enter into any contractual arrangement with the Bushman other than as referred to in these Terms.
7.3 If you book a Bushman Service on behalf of additional visitors, you are required to ensure that every additional visitor meets any requirements set by the Bushman and is made aware of and agrees to these Terms. If you are booking for an additional visitor who is a minor, you represent and warrant that you are legally authorised to act on behalf of the minor. Minors between seven years and eighteen years may only participate in a Bushman Service if accompanied by an adult who is legally responsible for them. Minors under the age of seven are not able to be booked on Bushman Tours Adventures.
7.4 You should carefully review the description of any Bushman Services you intend to book to ensure you (and any additional visitor you are booking for) meet any minimum age, proficiency, fitness or other requirements which Bushman Tours has specified in the Listing. At your sole discretion you may want to inform the Bushman or Bushman Tours of any medical or physical conditions, or other circumstances that may impact you and any additional Visitor’s’s ability to participate in any Bushman Services. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in any Bushman Services. Notification of this can be done via your Bushman’s message function, via email or phone.
7.5 Before and during your participation in any Bushman Services you must at all times adhere to the Bushman’s instructions.
7.6 You may not bring any additional individuals to a Tour unless such an individual was added by you as an additional visitor during the booking process on the Bushman Tours Platform or otherwise agreed by Bushman Tours.
8. Damage to Equipment, Disputes between Members
8.1 As a Visitor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Bushman Services, excluding the Bushman (and the individuals the Bushman invites to the Bushman Service, if applicable).
8.2 If a Bushman claims and provides evidence that you as a Visitor have damaged any personal or other property of the Bushman’s (“Damage Claim”), the Bushman can seek payment from you. If you agree to pay the Bushman, Bushman may collect any such sums from you required to cover the Damage Claim.
8.3 Where Bushman Tours in its sole discretion agrees to assist with the resolution of a Damage Claim, and without any obligation on Bushman Tours to do so, Members and/or Visitors agree to cooperate with and assist Bushman Tours in good faith, and to provide Bushman Tours with such information and take such actions as may be reasonably requested by Bushman Tours, in connection with any Damage Claims. A Member shall, upon Bushman Tours’ reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Bushman Tours or a third party selected by Bushman Tours or its insurer, with respect to losses for which a Member is requesting payment from Bushman Tours.
8.4 Despite other provisions of these Terms, Bushman Tours encourages you to try and resolve disputes with other Members directly. Accordingly, you acknowledge and agree that Bushman Tours may, in its absolute discretion, provide your information as it decides is suitable to other parties involved in any dispute. If applicable, Bushman Tours has the right to hold any part or all of the Total Fees that is the subject of a dispute until the dispute has been resolved. Despite this, you specifically acknowledge that Bushman Tours has no obligation to any Member to assist or involve itself in any way in any dispute between Members.
8.5 While we may help facilitate the resolution of disputes, Bushman Tours has no control over and does not guarantee:
8.5.1 the existence, quality, safety, suitability, or legality of any Listings or Bushman Services;
8.5.2 the truth or accuracy of any Listing descriptions, Reviews, or other Member Content (as defined below); or
8.5.3 the performance or conduct of any Member or third party.
9. Content and Intellectual Property
9.1 Bushman Tours may, at its sole discretion, enable Members to:
9.1.1 Create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Bushman Tours Platform (“Member Content”); and
9.1.2 Access and view Member Content; and
9.1.3 Access and view any content that Bushman Tours itself owns or otherwise makes available on or through the Bushman Tours Platform (“Bushman Tours Content”).
9.2 The Bushman Tours Platform, Bushman Tours Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of New Zealand. You acknowledge and agree that the Bushman Tours Platform and Bushman Tours Content, including all associated intellectual property rights, are the exclusive property of Bushman Tours and/or its licensors or authorising third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Bushman Tours Platform, Bushman Tours Content or Member Content.
9.3 You will not infringe or otherwise exploit the Bushman Tours Platform or Bushman Tours Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Bushman Tours or its licensors, except for the licenses and rights expressly granted in these Terms.
9.4 Subject to your compliance with these Terms, Bushman Tours grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Bushman Tours Content made available on or through the Bushman Tours Platform and accessible to you, solely for your personal and non-commercial use.
9.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Bushman Tours Platform, you grant to Bushman Tours a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Bushman Tours Platform, in any media or platform. Unless you provide specific consent, Bushman Tours does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
9.6 You are solely responsible for all Member Content that you make available on or through the Bushman Tours Platform. Accordingly, you represent and warrant that:
9.6.1 You either are the sole and exclusive owner of all Member Content that you make available on or through the Bushman Tours Platform or you have all rights, licenses, consents and releases that are necessary to grant to Bushman Tours the rights in and to such Member Content, as contemplated under these Terms; and
9.6.2 Neither the Member Content nor your use of the Member Content or Bushman Tours’ use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Bushman Tours cannot guarantee or confirm any Member Content is in violation of any of those terms or applicable laws or regulations but may conduct random audits of content without warning.
9.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; or (v) promotes illegal or harmful activities or substances. Bushman Tours may, without prior notice, remove or disable access to any Member Content that Bushman Tours finds to be in violation of applicable law, these Terms or otherwise may be harmful or objectionable to Bushman, its Members, third parties, or property.
10.1 Within a certain time frame after completing a booking, Visitors and Bushmen can provide Bushman Tours with a written review (“Review”) about each other. Reviews reflect the opinions of individual Members and do not reflect the opinion of Bushman Tours. Not all reviews are verified by Bushman Tours for accuracy and may be incorrect or misleading. Some reviews are audited and followed up if containing concerning or negative feedback by either party.
10.2 Where the Bushman Tours Platform provides functionality for the Members to leave other Members a Review at the completion of a Bushman Service, Members will submit their review to Bushman Tours who will have absolute discretion whether to publish the Review to the Bushman Tours Platform. Where Bushman Tours chooses to publish a review to the Bushman Tours Platform, such review will only be published in accordance with these Terms. Reviews may be shared on third party platforms for promotional activities as mentioned in the above terms.
11. Prohibited Activities
11.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Bushman Tours Platform. In connection with your use of the Bushman Tours Platform, you will not and will not assist or enable others to:
11.1.1 breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
11.1.2 use the Bushman Tours Platform, Bushman Tours Content or Member Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Bushman Tours endorsement, partnership or otherwise misleads others as to your affiliation with Bushman Tours;
11.1.3 copy, store or otherwise access or use any information, including personally identifiable information about any other Member or Bushman, contained on the Bushman Tours Platform in any way that is inconsistent with the Privacy Act 1993 or these Terms or that otherwise violates the privacy rights of Members or third parties;
11.1.4 use the Bushman Tours Platform in connection with the distribution of unsolicited commercial messages (“spam”);
11.1.5 unless Bushman Tours explicitly permits otherwise, book any Listing if you will not actually be using or providing the Bushman Tours Services yourself;
11.1.6 contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member’s use of the Bushman Tours Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
11.1.7 discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
11.1.8 use, display, mirror or frame the Bushman Tours Platform, or any individual element within the Bushman Tours Platform, Bushman Tours’ name, any Bushman Tours trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Bushman Tours Platform, without Bushman Tours’ express written consent;
11.1.9 dilute, tarnish or otherwise harm the Bushman Tours brand in any way;
11.1.10 use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Bushman Tours Platform for any purpose;
11.1.11 avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Bushman Tours or any of Bushman Tours’ providers or any other third party to protect the Bushman Tours Platform;
11.1.12 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Bushman Tours Platform;
11.1.13 take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Bushman Tours Platform;
11.1.14 violate or infringe anyone else’s rights or otherwise cause harm to anyone.
11.2 You acknowledge that Bushman Tours has no obligation to review, disable access to, or edit any Member or Bushman Content, but has the right to do so to (i) operate, secure and improve the Bushman Tours Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member or Bushman Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Bushman Tours in good faith, and to provide Bushman Tours with such information and take such actions as may be reasonably requested by Bushman Tours with respect to any investigation undertaken by Bushman Tours or a representative of Bushman Tours regarding the use or abuse of the Bushman Tours Platform.
11.3 If you feel that any Member or Bushman you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Bushman Tours by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
12. Term and Termination, Suspension and other Measures
12.1 These terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Bushman Tours terminate the terms in accordance with this provision.
12.2 You may terminate these terms and conditions at any time by sending us an email. If a Bushman cancels their Bushman Profile as a Bushman, any confirmed booking(s) will be automatically cancelled and the Visitor will receive a full refund minus any fees incurred by Bushman Tours.
12.3 Except as otherwise expressly agreed in writing between Bushman Tours and the Bushman, Bushman Tours may immediately, without notice and in its sole discretion, terminate these terms and/or stop providing access to the Bushman Tours Platform.
12.4 If we take any of the measures described above (i) we may refund the Bushman’s Visitors in full for any and all confirmed bookings that have been cancelled, irrespective of pre-existing cancellation policies, and (ii) the Bushman will not be entitled to any compensation for pending or confirmed bookings that were cancelled. For the avoidance of doubt, the Bushman will be liable for Bushman Tours for any Bushman Fees.
12.5 When these terms have been terminated due to a breach of these Terms or the Bushman’s Supplier Agreement with Bushman Tours, Bushmen are not entitled to a restoration of their Bushman Profile. If the access to or use of the Bushman Tours Platform has been limited or the Bushman’s Bushman Profile has been suspended or this Agreement has been terminated by us, the Bushman may not register a new Bushman Profile without contacting Bushman Tours first or access any part of the Bushman Tours Platform.
12.6 Sections 9 and 13 to 16 of these Terms will survive any termination or expiration of this Agreement.
13.1 If you choose to use the Bushman Tours Platform and all (or any part of) its associated functionality, you do so voluntarily and at your sole risk. The Bushman Tours Platform is provided “as is”, without warranty of any kind, either express or implied.
13.2 You agree that you have had whatever opportunity you deem necessary to investigate the Bushman Tours Services, laws, rules, or regulations that may be applicable to your Listings and/or Bushman Services you are receiving and that you are not relying upon any statement of law or fact made by Bushman Tours relating to a Listing.
13.3 You agree that certain Bushman Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Bushman Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Bushman Services. You assume full responsibility for the choices you make before, during and after your participation in a Bushman Service. If you are bringing a minor as an additional Visitor, you are solely responsible for the supervision of that minor throughout the duration of your participation in Bushman Services and to the maximum extent permitted by law, you agree to release and hold harmless Bushman Tours and the Bushman from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor in any way related to your Bushman Service. Particularly (without limitation), you acknowledge and agree that:
13.3.1 you have had sufficient opportunity to consider the risks involved in participating in Bushman Services as may be more particularly described in the Listing;
13.3.2 you voluntarily assume all risks, whether known or unknown, of participating in Visitor Services.
13.4 The disclaimers at clauses 13.1, 13.2 and 13.3 above apply to the maximum extent permitted by law.
14.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Bushman Tours Platform, your publishing or booking of any Listing via the Bushman Tours Platform, participation in any Bushman Service, or any other interaction you have with other Members whether in person or online remains with you.
14.2 You acknowledge and agree that neither Bushman Tours nor any other party involved in creating, producing, or delivering the Bushman Tours Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) your use of the Bushman Tours Platform, (iii) any Member communications, or (iv) the provision or use of Bushman Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Bushman Tours has been informed of the possibility of such damage, even if a limited remedy provided for in these Terms is found to have failed of its essential purpose.
14.3 Except for our obligations to pay amounts to applicable Bushman pursuant to these Terms, in no event will Bushman Tours aggregate liability arising out of or in connection with these Terms and your use of the Bushman Tours Platform exceed the amounts you have paid or owe for bookings via the Bushman Platform as a Visitor in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Bushman, the amounts paid by Bushman Tours to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred NZ dollars (NZD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Bushman and you.
To the maximum extent permitted by law, you agree to indemnify Bushman Tours and its officers, directors, employees and agents, against any loss, damage or costs arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Bushman Tours Platform or any Bushman Tours Services, (iii) your interaction with any Member or other Bushman Service including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.
16. General Provisions
16.1 Except as they may be supplemented by additional terms and conditions, policies, Bushman Tours lines or standards, these Terms constitute the entire Agreement between Bushman Tours and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Bushman Tours and you in relation to the access to and use of the Bushman Tours Platform.
16.2 No joint venture, partnership, employment, or agency relationship exists between you and Bushman Tours as a result of these Terms, this Agreement or your use of the Bushman Tours Platform.
16.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
16.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
16.5 Bushman Tours’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
16.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Bushman Tours’ prior written consent. Bushman Tours may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
16.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Bushman Tours via email, Bushman Tours Platform notification, or messaging service.
16.8 Bushman Tours reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will provide you or our Members with a notification either via email or as a notification on the Bushman Tours Platform. Your continued access to or use of the Bushman Tours Platform will constitute acceptance of the revised Terms.
16.9 These Terms are governed by New Zealand law and any disputes will be subject to the exclusive jurisdiction of the Courts of New Zealand.