KiwiStays.com Terms of Service for Advertisers

1/  The  Property Owner or person(s) with permission from the Property  Owner, shall be entitled to place the Holiday Property  Information on the KiwiStays.com  web site.  KiwiStays.com is owned and operated by Nicole Bishop.

2/  KiwiStays has final say in the layout and design of the property page and will make any amendments it feels necessary to any text or photographs contained on the property details page.

3/  The Property Owner shall have exclusive responsibility for ensuring that the Property Information and photographs  shall:

• be  legal, honest, accurate and truthful; 
• not  infringe the copyright, design, privacy, publicity, data  protection, trade mark or any other rights of any third party  and is not obscene, libellous or defamatory of any  person
•   breach any applicable law or regulation, or breach any  instructions given by KiwiStays.com about the use of the web site from time to time
•   all questions and complaints from individuals accessing the Property Information are the exclusive responsibility of the Property Owner and shall be handled by the Property Owner

4/  The Property Owner shall ensure that it has all necessary rights, licences and consents to  incorporate the accommodation information into the web site and to  link the web site to those sites owned by the Property Owner or by third parties to which the Property Owner wishes the part of the web site that incorporates the Property  Information to be linked.

5/  KiwiStays may at any time:

• suspend the availability of the Web Site (or any part  of it) for the purpose of repair, maintenance or improvement  or to preserve security;
• vary  the technical specifications of the web site (or any part of  it) for operational reasons;
• remove  or amend any or all of the Property Information from the web site which in KiwiStays.com’s  reasonable opinion is unlawful or  has been placed on the web site in breach of this Agreement;                 
• suspend the availability of the web site or any part of  it if the Property Owner fails to pay of the fees on the due date.

6/   KiwiStays.com shall own the copyright in the design and layout of the web site, including the text placed on the web site by the Property Owner, and the Property Owner hereby assigns all such copyright to KiwiStays.com 

7/  KiwiStays.com shall be entitled to re-supply the Property Information to third parties involved in the  provision of accommodation availability information via any existing or future online media.

8/  KiwiStays.com shall be entitled to issue an invoice for the fees payable in respect of each Property on the first day on which the Property Owner places Property Information relating to that Property on the Web Site and at 12 monthly intervals thereafter.  The Property Owner shall make payment in full in respect of each invoice within 14 days of the date of the invoice.

9/ KiwiStays.com shall provide the web site "as is". The  Property Owner agrees that it is technically impossible for  KiwiStays.com to provide the Web Site uninterrupted, free of faults or to guarantee that the Web Site will not be  infiltrated by unauthorised users or hackers.

10/ Except  as set out expressly in this agreement, KiwiStays.com makes no warranties or representations either express or implied in  relation to whole or part of the Web Site, including but not

limited to implied terms, warranties or conditions of title,  usability, condition, operation, non-infringement of  intellectual property rights, completeness, accuracy,  satisfactory quality and fitness for a particular purpose thereof or that the web site will be uninterrupted or  error-free or that it will meet any particular criteria of performance or quality and that all such conditions,  warranties, terms and undertakings, express or implied, statutory or otherwise in respect of the availability and operation of the web site are hereby expressly excluded.

• The  Property Owner agrees that the maximum aggregate liability of  KiwiStays.com for any loss or damage whatever arising from or in  any way connected with this Agreement shall, in respect of any one or more events or series of events (whether connected or unconnected) taking place within any twelve month period be limited to the total Fees in any year of this Agreement.
• Nothing in this Agreement shall exclude any other liability which it is prohibited from excluding by law.

11/  This Agreement shall continue until terminated by either party giving to the other party not less than one months' notice  in writing at any time.

• This Agreement may be terminated forthwith by notice in writing by either party if the other party commits a material  breach of this Agreement and fails to remedy it within 30 days after receipt of notice in writing from the other party;
• After expiry or termination of this Agreement for any reason KiwiStays.com shall be entitled forthwith to remove the Property  Information from the web site

12/  Neither party shall be liable for any breach of its  obligations hereunder (other than any obligation to pay money)  and no right of termination shall arise where the breach results from causes beyond its control and the party concerned  has acted and continues to act reasonably and prudently to  prevent and to minimise the effect of such causes

13/  These terms and conditions shall in all respects be governed by   New Zealand law and the Property Owner submits to the exclusive jurisdiction of the New Zealand courts.

Last updated 11 Sept NZST.