GOSTANDBY CUSTOMER TERMS AND CONDITIONS

INTRODUCTION

These are the terms and conditions, as may be amended from time to time, on which you are offered access to GoStandby and its search and booking services. If you do not accept these terms and conditions, you must refrain from using GoStandby and its online services. By accessing, browsing and using our website or any other application through whatever platform (collectively referred to as the Platform) and/or by completing a booking, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

GoStandby helps users to find and book experiences, at the best price last minute. However, we are not a travel or tour agency, and when you make a booking, you will be using the Platform to contract a good and/or service (herein, referred to as the Offers) directly with a third-party supplier (the Supplier). The relationship that we have with the Supplier are is governed by separate terms and conditions.

If you wish to contact GoStandby, please email: info@gostandby.co.nz.

THE SERVICES

Through the Platform, we provide an online service through which a Supplier – in their professional conduct of business – can advertise, market, sell, promote and/or offer (as applicable) their Offers for order, purchase, reservation, rent or hire, and through which relevant visitors of the Platform can purchase.

By using or utilising the Supplier, you enter into a direct (legally binding) contractual relationship with the Supplier with which you make a reservation or purchase an Offer (as applicable). From the point at which your booking is confirmed, we act solely as an intermediary between you and the Supplier, transmitting the relevant details of your booking to the relevant Supplier and sending you a confirmation email for and on behalf of the Supplier.

STANDBY & BUYNOW BOOKINGS

Standby bookings are bookings that are pending confirmation by the Supplier, ie the seats are not reserved. At this point, the credit card is not charged, and no contract exists between you and the Supplier. You are free to cancel a Standby booking via the GoStandby website at any time before the Supplier accepts the booking.

When the Supplier accepts or confirms the Standby booking, the seat is reserved for the purchaser and the Standby booking converts to a confirmed booking. The credit card is charged, a contract is established between the you and Supplier, all the Supplier’s terms and conditions/cancellation policies apply and the booking cannot be cancelled via the GoStandby website.

BuyNow bookings are confirmed bookings where the seats are reserved for the purchaser. Your credit card is charged when the booking is made and all Supplier terms and conditions, cancellation policies, etc., apply. BuyNow bookings cannot be cancelled via the GoStandby website.

YOUR GOSTANDBY ACCOUNT

By registering as a member, you certify that you are at least 18 years old, and can form a legally binding contract that is enforceable against you.

You agree not to modify, copy, distribute, transmit, display, reproduce or publish any content of GoStandby.

Accurate Information

As a condition of your use of the Platform, you represent and warrant that:

Termination

GoStandby retains the right to deny access to the Platform to anyone at any time and for any reason, or to suspend or to terminate your membership in our absolute discretion without entering further discussions with you.

You may terminate your GoStandby Account at any time by contacting us to request that we close your GoStandby Account, and by discontinuing your use of any and all parts of the Services. If you close your GoStandby Account, we may continue to display your previously published User Content and are under no obligation to remove any of your User Content.

Security

You are responsible for keeping your login information (including your email address, other contacts, any passwords, credit card/any bank details and any PIN numbers), secret and secure. The unauthorised use of your account credentials could cause you to incur liability. You are responsible for all bookings that occur in connection with your GoStandby Account. You agree to notify us immediately of any unauthorised use of your GoStandby Account.

GoStandby will not have any liability to you or others for any unauthorised bookings made using your account and/or account credentials.

Electronic Communications

When you use GoStandby, you agree that we may communicate with you in a variety of ways, such as by e-mail, in-app push notices, or by posting notices and messages on the Platform. You may unsubscribe from marketing-related e-mails by emailing unsubscribe@gostandby.co.nz, however we may continue to send you non-marketing messages, such as messages related to any upcoming bookings.

RATINGS AND REVIEWS

Ratings, comments and images submitted by you to the Platform about Suppliers and/or the Offers must be based only on your own personal experience with that Supplier and be true in all respects.

Comments and images you submit to the Platform must not be offensive, defamatory, unlawful, misleading or deceptive. GoStandby reserves the right to remove or edit any comments that it considers inappropriate or in breach of these terms and conditions.

By submitting reviews and images, you grant GoStandby non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, in any media, now known or hereafter devised.

GoStandby may display advertisements and other information adjacent to or included with your review on the Platform. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice to you.

GoStandby is not responsible for any of the opinions expressed in the Rating and Comment facilities. By posting a comment you agree to take full legal responsibility and liability for your comments and to indemnify GoStandby from all liability, loss, damages, costs or expenses suffered by GoStandby in connection with your comments.

CANCELLATIONS & REFUNDS

If a refund is issued, the refund amount will be in NZ dollars. This may result in a different amount being refunded if the currency of your credit card is different due to exchange rate fluctuations.

Cancellations by You

Requests for changes or cancellations to your confirmed bookings are to be made directly with the Supplier. However, the availability and costs of cancellations, changes and refunds depend on Suppliers own terms and conditions and policies. Please note that the Supplier will have their own terms and conditions and policies for use, access and consummation of the Offer. All Standby and confirmed Bookings are non-transferable.

All Change Requests shall be processed by the Supplier subject to the availability and agreement of the applicable Supplier. To the extent the Supplier is unwilling or unable to accept such Change Request, then your right to a refund (if any) shall be governed by the refunds and cancellation terms of your Booking.

If you make a Booking using a promotion code, or if you accept a discount or special-offer price during the check-out process, you may invalidate your discount or special-offer price by making a Change Request after Booking.

No refunds are available once the Offer has commenced, or in respect of any Offer package, accommodation, meals or any other services that have started to be utilised.

It is your responsibility to be on time for the activity or to implement the booking including any recommended earlier arrival or appearance time stipulations set out by the Supplier.

Cancellations by the Supplier

If the Supplier cancels an Offer or no longer makes the Offer available to a Customer (e.g., weather cancelation) after you have made a confirmed booking but have not yet received the Offer, the Supplier will accommodate such Customer to the Customer’s reasonable satisfaction.

If a Customer cannot be accommodated to the Customer’s reasonable satisfaction, the Supplier may process a refund or refunds for that Customer.

The Customer will directly contact the Supplier. All cancellations for purchased Offers must be made by the Customer directly with the Supplier within the applicable cancellation time period.

Other Modifications and Cancellations

Occasionally a Supplier may make a change to an Offer you purchase, including but not limited to the date, price, inclusions, coverage, age requirements, and/or any other features and/or requirements. As a result, the Supplier reserves the right to cancel, change or substitute any Offer that you have purchased, at any time, for any reason. If the change proposed by the Supplier is material (for example, a change in dates and/or a significant change to the itinerary), and you are dissatisfied with the alternative that is offered, you will be entitled to a full refund of the original purchase price.

The Supplier may decide to refund to you all or part of the amounts charged to you. You agree that GoStandby and the applicable Supplier shall have no liability for such cancellations or part refunds.

PRICING

The price of each Offer will be quoted on a per-person basis, unless otherwise specified. Prices are in New Zealand Dollars (NZD) and include GST.

Prices are subject to change without notice, until a booking has been made.

Inclusions are determined by the Supplier. Prices do not include tips/gratuities; and any beverages or food that the Supplier has not specifically stated.

When you make a booking, full payment by credit is required to confirm a Booking.

OUR LIABILITY

When using our Platform, the information that we disclose is based on the information provided to us by the Supplier. As such, the Supplier that markets and promotes their Offer on the Platform are given access to our systems and through which they are fully responsible for updating all rates/fees/prices, availability, policies and conditions and other relevant information which is displayed on our Platform. GoStandby, does not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies

The Suppliers are independent and not agents of GoStandby. GoStandby is not liable for the acts, errors, omissions, representations, warranties, breaches, negligence or misconduct of any such suppliers or for any personal injury, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from any booking.

GoStandby has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

In no event shall GoStandby be liable for any direct, indirect, loss of information, or your access to, GoStandby.

GENERAL

Governing Law

These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

System Integrity

We will make the best possible efforts to ensure the availability of the Platform. However, we take no responsibility for any system unavailability, or for any loss that is incurred as a result of the Platform being unavailable for any reason. Further, GoStandby assumes no responsibility for any corruption of any data or information held by us and does not warrant that the Platform will be uninterrupted or error-free, or that the Platform will be free from viruses or other harmful content.

Intellectual Property Rights

GoStandby maintains all proprietary and intellectual property rights in the Platform and other material underlying and forming part of the services and the Platform.

Privacy

GoStandby may collect personal information about you through your use of the Platform and services, including your registration details and information on how you use the Platform and the content you access. You agree that we may use this information to assist us to provide the services to you for internal research purposes, to verify your identity, for promoting and marketing other GoStandby Offers to you, and for any other use that you authorise.

GoStandby will provide Suppliers with the information required to facilitate a booking that you make through the Platform.

We reserve the right to review, amend, update and change this Privacy Policy from time to time to reflect our obligations under the Privacy Act 1993 or current legislation and regulations.

Please see our full Privacy Policy for more.

Miscellaneous

If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect. GoStandby will not be deemed to have waived any right under these terms and conditions unless the waiver is in writing and signed by GoStandby.

Headings

The headings used in these Terms and Conditions are included for convenience only and do not affect or limit these Terms and Conditions