Terms and Conditions
1. Introduction
Welcome to BayThrive.nz ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our website located at baythrive.nz and our services related to business directory listings and review management assistance (collectively, the "Service").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
2. Definitions
"Business Owner" or "You" refers to individuals or entities seeking directory listings or review management services
"Content" means any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Service
"Listing" refers to business information displayed in our directory
"Review Management Services" refers to assistance provided to help businesses obtain and manage customer reviews
3. Eligibility
You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of your business. By using our Service, you represent and warrant that you meet these requirements.
4. Service Description
BayThrive.nz provides:
Local business directory listings for Bay of Plenty region businesses
Review management assistance and guidance
Tools and resources to help businesses improve their online presence
Connection between local businesses and potential customers
5. Account Registration and Responsibilities
5.1 Account Creation
To use certain features of our Service, you must create an account by providing accurate, current, and complete information.
5.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.
5.3 Accurate Information
You agree to provide and maintain accurate, current, and complete information about your business, including but not limited to:
Business name and description
Contact information
Operating hours
Location details
Services offered
6. Directory Listings
6.1 Listing Submission
Business owners may submit their business information for inclusion in our directory. We reserve the right to review and approve or reject any listing submission at our sole discretion.
6.2 Listing Accuracy
You are solely responsible for the accuracy of your business information. You must promptly update any changes to your business details.
6.3 Listing Standards
All listings must:
Represent legitimate, operating businesses
Comply with New Zealand laws and regulations
Not contain offensive, misleading, or inappropriate content
Not infringe on third-party intellectual property rights
7. Review Management Services
7.1 Service Scope
Our review management services include guidance and tools to help you:
Encourage legitimate customer reviews
Respond appropriately to customer feedback
Improve your online reputation through ethical means
7.2 Ethical Standards
You agree to:
Only seek reviews from genuine customers
Not create fake reviews or engage in review manipulation
Comply with the terms of service of review platforms (Google, Facebook, etc.)
Not offer inappropriate incentives for reviews
7.3 No Guarantees
We do not guarantee specific review outcomes, ratings improvements, or increased business as a result of our services.
8. Prohibited Uses
You may not use our Service to:
Violate any applicable laws or regulations
Submit false, misleading, or deceptive information
Impersonate another person or entity
Engage in spam, harassment, or abusive behavior
Attempt to gain unauthorized access to our systems
Interfere with the proper functioning of the Service
Upload malicious code or viruses
Collect user information without consent
9. Content and Intellectual Property
9.1 Your Content
You retain ownership of content you submit to our Service. By submitting content, you grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute your content in connection with the Service.
9.2 Our Content
The Service and its original content, features, and functionality are owned by BayThrive.nz and are protected by copyright, trademark, and other intellectual property laws.
9.3 Third-Party Content
Our Service may contain links to third-party websites or services. We are not responsible for the content or practices of these third parties.
10. Fees and Payment
10.1 Service Fees
Some services may require payment of fees. All fees are non-refundable unless otherwise specified in writing.
10.2 Price Changes
We reserve the right to modify our fees at any time. We will provide reasonable notice of any fee changes.
10.3 Payment Terms
Payment is due immediately upon invoice. Late payments may result in service suspension.
11. Privacy
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.
12. Termination
12.1 Termination by You
You may terminate your account at any time by contacting us or using the account deletion feature.
12.2 Termination by Us
We may terminate or suspend your account and access to the Service immediately, without prior notice, if you breach these Terms or engage in prohibited activities.
12.3 Effect of Termination
Upon termination, your right to use the Service will cease immediately. Your business listing may be removed from our directory.
13. Disclaimers
13.1 Service Availability
We do not guarantee that the Service will be available at all times or free from errors, viruses, or other harmful components.
13.2 No Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY NEW ZEALAND LAW, IN NO EVENT SHALL BAYTHRIVE.NZ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED NZ$100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
15. Indemnification
You agree to indemnify, defend, and hold harmless BayThrive.nz and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your use of the Service or violation of these Terms.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.
17. Consumer Guarantees Act
Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantees or other rights you may have under the Consumer Guarantees Act 1993 or other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement.
18. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.
19. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
20. Entire Agreement
These Terms constitute the entire agreement between you and BayThrive.nz regarding the use of the Service and supersede all prior agreements and understandings.
21. Contact Information
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Address: 9 Jeffs Way, Papamoa 3118, NZ
Phone: 027 572 4700
