Terms & Conditions
TERMS & CONDITIONS
1. BOOKINGS FROM YOUR WEBSITE - Customer Terms & Conditions:
Where Whyte Waters Group provides booking pages on your website the following terms and conditions will apply to the sales with your customers i.e. the terms and conditions below will be stated on the ticket sold;
AGREEMENT BETWEEN CUSTOMER AND WHYTE WATERS GROUP LIMITED
This booking system and its web site pages are offered to you, the Customer, conditional on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions and notices. Your Credit or Debit Card will be charged under the name Whyte Waters Group Limited or in the case of where you are using the following digital wallets (WeChat, AliPay, JD.com) will be charged by LatiPay.
EXCLUSIONS OF LIABILITY
We use reasonable endeavours to ensure that the data on the booking system and its website pages are accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the booking system and website pages. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions.
Due to the nature of electronic transmission of data over the Internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the Website, save where such liability cannot be excluded by law.
We do not give any warranty that the booking system and related website pages are free from viruses or anything else which may have a harmful effect on any technology.
EXCLUSION OF LIABILITY FOR SUPPLIER’S GOODS AND SERVICES
Whyte Waters Group Limited provides information for a number of suppliers on its booking system and related website pages and provides you with the opportunity to purchase goods and services from those suppliers through the related website pages. We can accept no liability for any goods or services provided by third-party suppliers. All goods or services are provided by third parties over whom we do not have control and you should satisfy yourself that you wish to purchase those goods or services before contracting with the supplier. The suppliers will be supplying on their own standard terms and conditions and you should check that you agree to those terms and conditions before placing an order.
AMENDMENTS AND CANCELLATIONS
Cancellation policies are specific to each supplier and are detailed on the payment confirmation page prior to final booking confirmation. Where you are entitled to a refund, the refund will be made to the same credit card that you used to confirm the booking.
For amendments of bookings, additional charges, or a refund, may apply depending on the nature of the booking amendment. You will need to contact the supplier directly for any cancellations and amendments to bookings. They will in turn contact Whyte Waters Group Limited if there is a refund required.
No refunds or credits will be provided if you fail to advise any amendments to the booking or fail to report at the venue of the operator with the appropriate vouchers issued for that booking on the day and/or time booked.
RESERVATIONS AND PAYMENTS
At the time of booking, payment by credit card shall be made for the full or part amount of each booking in New Zealand dollars. You will then receive a booking confirmation and reference number for each booking. You will need to use that reference should you wish to refer to your booking(s) at a later date. You will also receive a booking voucher for each booking which will be emailed to your nominated email address.
You may be required to provide a credit card at check-in/arrival to cover incidental charges and may also be required to provide photo ID.
Whyte Waters Group does not accept any liability for unavailability of rooms and/or services caused by the supplier over-selling the suppliers own inventory.
AMENDMENTS AND CANCELLATIONS
Cancellation policies are specific to each supplier and are detailed on the payment confirmation page prior to final booking confirmation. Any refunds will be made in New Zealand Dollars and will only be refunded to the Credit or Debit Card that was used to make the booking. Any exchange differences arising from the movement between in the foreign exchange rate between booking date and refund date will be a cost for the cardholder and Whyte Waters Group Limited will not be liable for these costs. Any bank fees arising from the refund process will also be a cost for the cardholder and Whyte Waters Group Limited will not be liable for these costs.
We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website.
These terms are governed by and to be construed in accordance with New Zealand law. Any disputes shall be subject to the exclusive jurisdiction of the New Zealand courts.
2. LICENSE TO ACCESS AND USE RTBS - Activity Operator
Whyte Waters Group grants you a non-exclusive and non-transferable License to access / use RTBS through a login to its website. The quote that you signed sets out the software provided. You have no right to grant sub-licences of the software.
LIMIT TO NUMBER OF ENTITIES USING THE RTBS SOFTWARE
This License is restricted to those entities and URL’s specified on the quote.
NO LIMIT ON NUMBER OF LOGINS
The License entitles you to access and use the Software on as many computers in as many locations as is required. You agree to limit access to the software to your staff and contractors.
SUPPORTED WEB BROWSERS
The software is web based and is accessed with most web browsers. Certain web browser versions are not supported you agree to upgrade if required.
NOT TO COPY SOFTWARE
You agree not copy or reproduce the software by any means or in any form without the prior written permission of Whyte Waters Group.
INTELLECTUAL PROPERTY OWNERSHIP
All copies of the software made for what ever purpose shall remain the property of Whyte waters Group the owner of the Intellectual Property.
You agree that any software modifications shall remain the property of Whyte Waters Group in all respects, whether modified by Whyte Waters Group or you, whether or not such modifications have been authorised and whether or not you had to pay some or all of the modification costs.
OPERATOR NOT TO MAKE MODIFICATIONS TO RTBS
You agree not to modify the software, or merge all or part of it with any other software, without obtaining prior written consent from Whyte Waters Group.
CONFIDENTIALITY, NON-DISCLOSURE AND OWNERSHIP OF DATA
Whyte Waters Group agrees it will treat all non-public information and data it receives from you in the course using RTBS as confidential. Whyte Waters Group will ensure its directors; employees and agents who receive or have access to the non-public information will maintain this confidentiality.
You will treat all non-public information in the strictest confidence and will not, without the prior written approval of Whyte Waters Group:
Disclose the non-public information to any person or organisation outside the parties to this agreement, or
Disclose the non-public information to any of its directors, employees, or agents who are not bound by obligations regarding confidentiality and non-use of non-public information, or
Use any of the non-public Information in any way that will be detrimental to or in conflict with the interests of the Whyte Waters Group.
You will keep all training material provided confidential and will not copy, lend or communicate this material with any organisation or competitor of Whyte Waters Group.
You agree that the software and all copyright, patent, trade secrets and other proprietary rights therein are and remain the valuable property of Whyte Waters Group and that this agreement does not grant you any title or rights of ownership in the software.
RESPONSIBILITY FOR ACCURACY OF INFORMATION LOADED ON TO RTBS AGENCY MODULES
You agree to take sole responsibility for the accuracy of your Marketing Information, Pricing Information and Other Content Loaded on to the software, even though Whyte Waters Group may undertake to data input some or all of your information on your behalf. You agree to carefully check all data input.
LIABILITY FOR ANY LOSSES ARISING FROM INCORRECT INFORMATION
In the event that a data input error occurs, you agree that neither Whyte Waters Group or any of its Agent will be liable for any loss arising.
LIVE “BOOK NOW” STATUS
You have a choice of representing your inventory as Live “Book Now” or Not Live i.e. “Call To Check Availability”. If you select Live Inventory you agree to maintain the integrity of this status i.e. Agents will place reliance on the live availability and make bookings without phoning to check availability.
INTEGRITY OF LIVE AVAILABILITY BREACHED
Failure to maintain the integrity of Live Availability has serious implications for the Booking Agent i.e. their Guest is likely to be let down and have a very bad experience. In the event you a breach this live inventory standard you agree to, make all reasonable attempts to appease the customer and make up for the negative experience and to review your internal management systems to ensure that they are able to prevent future breaches and to accept the liability arising from any breaches.
AGENTS PAYMENTS METHODS
Tickets issued by the software detail who collected the booking money. You agree to check which method of payment has been used at the time the ticket is presented by your customer, and you agree to check that all money owed for the ticket has been collected. Should a liability arise due to the failure to check what has been paid by the customer, you agree that neither the issuing agent or Whyte Waters Group will have any liability for this error.
CREDIT TERMS EXTENDED TO AGENTS
You agree to make the appropriate credit arrangements with each Agent that you supply. Whyte Waters Group will not be liable in any way, for bad debts, debt collection costs, or any other costs associated with the failure of any of the Agents to account for booking monies.
AGENCY COMMISSION ARRANGEMENTS
You are responsible for communicating / contracting with booking Agents to arrive at an appropriate agency commission payable for your bookings.
BACKUP OF BOOKING DATA
Whyte Waters Group maintains a daily backup of the software and data on its system. You also can access a facility to download the data related to your bookings. You agree that you are ultimately responsible for ensuring that all data is backed up, Whyte Waters Group is not responsible for any data loss.
SOFTWARE MAINTENANCE & SYSTEM OUTAGES
Whyte Waters Group will from time to time need to take the software offline to complete preventative maintenance. As with any online technology system, there are also times where software is likely to go offline due to hardware and / or software failure or actions of third parties e.g. a denial of service attack.
Whyte Waters Group will take all reasonable steps to minimise the risk of these failures. You agree that Whyte Waters Group will not be held liable in any way for losses or consequential losses that may arise from instances where the software goes offline.
INDEMNITY AGAINST ANY CUSTOMER CLAIMS
In the event that your customer(s) do make a claim(s) against Whyte Waters Group or any Agent, then you agree to indemnify all or any of these parties against; the full amount of the claim(s), the full costs of defending the claim(s), all other reasonable consequential costs associated existence of the claim(s). You agree to indemnify the Whyte Waters Group from any liability that may arise from customer bookings and their subsequent participation in your activities.
EXCLUSION OF ALL LIABILITY
You agree that Whyte Waters Group will not be liable for any damage, loss or expense whatsoever or howsoever caused arising directly or indirectly from the use of the software. You agree that Whyte Waters Group will not be liable in any way for the failure of part or all of the software.
RELIANCE ON THIRD PARTY SYSTEMS
The software uses a number of third-party systems, including but not limited to; SMS Text Notification Function - notifies you of new bookings with a text message. Email Notification Function - notifies both you and your customer of bookings with an email. Payment Gateway - payment gateway(s) software is used to transfer funds from bookings. You agree that Whyte Waters Group is not responsible for any system failures of these and other service providers’.
FRAUDULENT USE OF CREDIT CARDS - BOOKINGS VIA YOUR WEBSITE
Potential customers may attempt to make fraudulent bookings with stolen credit cards or stolen credit card numbers. You agree that WWG has no liability for any losses arising from fraudulent activity conducted during the ticket booking process. Any losses resulting from the reversal of funds related to fraudulent transactions will be reclaimed back from you by Whyte Waters Group.
To minimise this risk you should ask for Photo ID (drivers license or passport) from all customers who present online booking tickets.
PROTECTION OF PASSWORDS
You are responsible for issuing and security of all passwords to access the software for all members of your staff and contractors. When a staff member leaves your employment or a contractor ceases, you agree to ensure that their login access and passwords are cancelled.
Whyte Waters Group will not be held liable in any way in the event of a loss arising if passwords are not kept secure.
DISTRIBUTION OF BOOKING MONEY AND SUMMARY REPORT
Whyte Waters Group and you will reach an agreement on the timing of the payments that will be made to you in respect of booking money collected from your website. This agreement will take into account the average time that bookings are made in advance of the date of travel. When payments are made to you, you will receive a summary report (Buyer Generated Tax Invoice).
TRANSACTION FEES & BANK FEES
You authorise Whyte Waters Group to deduct fees detailed in the quote from booking payments prior to booking money payment.
TICKET MONEY OVERPAYMENTS
In the event that there is a booking money overpayment made to you, you agree to return the overpaid amount to the bank account of Whyte Waters Group within 5 working days of being notified of that error (in writing) by Whyte Waters Group.
In the event that you fail to return the money within the 5 working days;
a. Whyte Waters Group will deduct the amount owing from any funds that may be held for future disbursement, or
b. Whyte Waters Group will take debt recovery action when there are no funds held for future disbursement,
c. You agree to pay all costs associated with any debt recovery, including but not limited to legal fees and court costs.
ARREARS OF ADVERTISING CONTRACTS & RTBS SUBSCRIPTIONS
Where you are in arrears with advertising contracts with Whyte Waters Group or in arrears in respect of your software subscriptions, you agree to Whyte Waters Group deducting these arrears from your booking money payments prior to them being paid to you.
This agreement shall be construed in accordance with the laws of New Zealand. All rights and remedies of either party, whether evidenced hereby or by any other contract, instrument or paper shall be cumulative and may be exercised singularly or concurrently. If either party shall fail to perform any term of this agreement and the other party shall not enforce that term, the failure to enforce on that occasion shall not prevent enforcement on any other occasions.
This agreement represents the entire agreement between the parties hereto respecting the subject matter hereof, and may not be changed or terminated except in writing, and no change, termination or attempted waiver of any provision hereof shall be binding unless in writing and signed by the party against whom same is sought to be enforced. If any of the provisions of this agreement are held to be invalid, or unenforceable, under any applicable statute or rule of law by a court of competent jurisdiction, such provisions or portions hereof shall be deemed to be omitted from this agreement, and the remainder of this agreement shall remain in effect.
3. TERMS & CONDITIONS MAY BE VARIED FROM TIME TO TIME
The terms and conditions of the use of the software may be varied from time to time at the discretion of Whyte Waters Group. Whyte Waters Group will notify you of these changes made.
4. TERM OF AGREEMENT
This agreement is for a minimum period of 12 months and can not be cancelled during this initial period. The 12 month term will commence from the date that you signed the quote for the supply of this software. After the completion of the first 12 months, the agreement will remain in effect until such time as you give written notice to Whyte Waters Group of your intention to cancel this agreement. Any written notice to cancel this agreement, in any given year must be received by Whyte Waters Group, no less than three months prior to the anniversary date recorded on the signed quote. The anniversary date is deemed to be the “Date Of Quote”. Upon the termination of this agreement you agree; to return all hard copies of the training material provided to you in the event that you cancel your license renewal, to continue to abide by the confidentiality provisions of this agreement. If you do not provide written notice of cancellation within the notice period this agreement will automatically renew / roll over for a further 12 month period.
5. PAYMENT TERMS
You agree to pay the Whyte Waters Group the subscription, transaction and merchant fees as set out on the quote for the supply of the software.
You will be invoiced for these fees and payment will be due for payment on the 20th of the month after invoice date. The first invoice will be raised 30 days after the date that the quote for the supply of software was signed. The “payment due date” for the first invoice will not be delayed or altered by the status of your software install i.e. if the install is not complete, the invoice will still be due and payable as set out above.
If the balance of any invoice payable is not paid by the due date, time being the essence, a one-off administration fee of $150 + GST will be added to the outstanding balance. You agree that any overdue balance will accrue interest at a rate of 3% per month and that this accrual will start immediately that the balance becomes overdue. The amount of any interest payable will be added to the account balance at the end of each month and will form part of the balance payable at the start of the next month. You agree that all debt collection costs and fees will be added to the account as they are incurred.
If there is anything you don’t understand in this document, or if you have any queries, please contact us on +64 3 441 4733.
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