These are the terms and conditions on which you are offered access to Try Local and its search and marketing services for activities or accommodations or eateries products and services. By signing the Try local booking form you agree to accept these terms and conditions,.

These terms and conditions may be amended in whole or in part by Try Local from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the website and its services represents your agreement to be bound by the terms and conditions as amended.

THE SERVICES

Try Local provides the website to market deals to end users and allows them to search, find information about, and contact or book directly with any restaurant, experience, activity, or accommodation provider, (Operator). Users agree to use the Website and the Services for this purpose only.
Try Local is not a party to any agreement or transaction between any end user and any Operator, including any approach for further information or booking(s) for any products or services advertised on the Website. Operators agree not to involve, or attempt to involve, Try Local in any dispute or in the resolution of disputes that may arise between any end user and any Operator as a result of the Services provided. The inclusion on the Website of any third party material or a link to a third party website does not mean Try Local endorses or approves that third party or the third party material.

YOUR MEMBERSHIP SUBSCRIPTION

By completing any on-line deal form on the Try Local website you certify that you are at least 18 years old and are authorised to post any promotions, deals or special offers on behalf of an Operator and can form a legally binding contract that is enforceable.

ADVERTISING CONDITIONS

  • RATES: The client agrees to pay a monthly subscription rate, as agreed, for each advertising Tile (Tile) as entered on the booking form or as otherwise agreed in writing. Rates exclude GST. The monthly subscription rate per Tile allows for any Tile to be changed out up to four times free of charge during any one subscription period. Advertisers will be advised one month in advance of any future changes to monthly rates.
  • ADDITIONAL COSTS: Should the client require additional changes to any Tile beyond four times in any one subscribed monthly period and should any such changes require additional copy, imagery, make-up or file translation, any costs will be paid by the client in addition to the monthly subscription rate as agreed and signed off by the client.
  • IMPERFECT MATERIAL: All Tiles are required to meet the Try Local on line advertising standards and are subject to pre approval in respect of material and layout and may be changed at Try Locals’ discretion
  • LOSS OR DAMAGE: Should any Tile fail to appear as per clients instructions , Try Local will not be responsible for any loss or damage as a direct or indirect consequence.
  • PLACEMENT: Unless there is an agreement in writing between Try Local and the Client regarding specific placement of any Advertising Tile Try Local has the right to place these at their discretion
  • CANCELLATION: Cancellation of any advertising Tile or monthly subscription is required to be given and acknowledged in writing at least one day prior to the Tile being posted on the website. Try Local reserves the right to withdraw any Tile with immediate effect if the client does not meet their fulfilment obligations in a reasonable and timely manner or if the integrity of Try Local is deemed to be compromised.
  • TILE SPECIFICATIONS: Dimensions are to be strictly adhered to as specified on the deal form for any Tile template.
  • TRADE PRACTICES: Should any advertising Tile be found to contravene any enactment relating to Commerce, Trade Practices, Privacy Human Rights or any other Legislation, then the client agrees to fully indemnify Try Local against any loss or damage arising from the insertion or correction and/or alteration of the advertisement or delay and/or cancellation of the contract.
  • ACCURACY: The Client acknowledges that all facts stated and/or implicit in any Tile are true and have been substantiated and are not likely to be misleading or deceptive and would in no way be a contravention of any legislation and that the client acknowledges that (s)he is aware that Try Local relies on such accuracy.
  • INDEMNIFICATION: The client hereby indemnifies and agrees to hold indemnified Try Local its Officers, servants and agents and each of them separately against all liability claims or proceedings whatsoever which may arise from the publication of any material pursuant to this contract, and in particular but without limiting the generality of the foregoing, to indemnify and hold indemnified each and all of them against any action for defamation, slander of title, breach of copyright or infringement of any trade mark, name or description, invasion of privacy or breach of any provision to any act or applicable legislation.

PAYMENT TERMS

  • Payment is by way of a monthly subscription per advertising Tile which is payable monthly in advance and due on the date the Tile is posted on the Try Local website. Any additional costs (as agreed in writing) are due the 20th of the month following invoice. Subscription rates quoted are exclusive of GST.
  • Try Local at its sole discretion reserves the right to refuse to continue to post a Tile or supply goods or services if any monthly subscription or any amount is overdue for payment.
  • The Customer agrees to be liable for any legal or debt collection costs incurred in collecting any amounts overdue for payment.
  • The customer hereby authorises Try Local to make all and any necessary credit enquiries and searches that they may deem necessary in order to establish credit worthiness of the customer

None of these terms limit your rights under the Consumer Guarantees Act 1993.

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 web site and services. However, we take no responsibility for any system unavailability, or for any loss that is incurred as a result of the website or services being unavailable for any reason. Try Local assumes no responsibility for any corruption of any data or information held by us and does not warrant that the Website or Services will be uninterrupted or error-free, or that the Website will be free from viruses or other harmful content.

Intellectual Property Rights: Try Local Limited owns all proprietary and intellectual property rights in the website plus any software and other underlying material that forms part of the services and the website.

You agree:

  • not to use any software, process or device to copy, collect or harvest data or other content from the Website.
  • not to decompile, reverse-engineer, disassemble or otherwise deal with any software underlying or forming part of the Services or the Website.
  • not to do anything or take any action that imposes an unreasonable burden on Try Locals’ systems.

Privacy: Try Local may collect information about you through your use of the website and services. You agree that we may use this information to assist us to provide services to you as agreed and to verify your identity and for promoting and marketing any other Try Local products and services or any other use as authorised by any operator or end user.

Try Local will not sell or allow third parties to access any personal information without prior consent, however you agree that we may disclose personal information, including name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you any one person is acting inappropriately or is in breach of the law, third party rights, or these terms.

Try Local reserves 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.

Third Party Web Sites: You agree that Try Local is not responsible for, nor does Try Local endorse, any third party web sites or Content which you access in the course of using the web site. This includes any reliance upon or offence taken/caused by content, advertising, products or services accessed.

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

Headings: The headings used in these terms and conditions are included for convenience only and do not affect or limit these terms and conditions.

These Terms and conditions were last updated on 1 September 2020