This is a legally binding contract between you and Skowt. Please make sure you read it, because it is important. We’ve tried to make it as clear as possible, but we welcome your feedback to firstname.lastname@example.org if you have suggestions or questions.
We’re going to use some shorthand to make this easier to read. When we say “site” or “service” we mean skowt.com and the services offered through that site. When we say “we,” “us,” or “our,” we mean Skowt Inc., a New Zealand corporation.
When we say “you” or “your”, we are referring to you, operating as a member of our site.
When we say ‘Venue manager’ we are referring to an individual or organisation acting as a venue booking manager.
When we say “your content,” we mean any text, photos or other material which you post, upload, or otherwise share on the site; similarly, when we say “Skowt content,” we mean the copyrightable text, graphics, and other material owned by Skowt, Inc. And when we say “terms,” we mean these terms and conditions.
Please read these terms before using the site. If you do not agree to these terms, you may not sign up for or continue to use the site. If we make material changes to these terms, we’ll let you know either through the site or via email (at the email address you provide). If you do not agree to those changes, you may cancel your account. If we do not hear from you within ten days, the revised terms will apply to you.
You can cancel your account at any time by sending an email to email@example.com. Or alternatively visit the Edit account details page and remove your account by following the "Cancel my account" link on this page. Upon canceling your account, your files will be marked for deletion in sixty days, and will be deleted upon expiration of that sixty-day period.
These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services.
If any provision of these terms is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms.
You must be 18 years of age or older to use the site. When you use the site, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms. If we learn that we have collected information from a person who doesn’t legally have the right to supply said information, we will delete that information as quickly as possible.
In addition to the above terms, in order to operate as a venue manager, we require those members to have have a legal right manage rental bookings for the listings which they create and or manage.
When you sign up with the site, you will be asked to provide certain personal information, including your name and email address. We will store your personal information, but will not share it with any third parties, except as necessary to provide the services offered. For example, we may store your personal information along with your files and data on a third party server such as Amazon Web Services. We also use your personal information to provide the services you request, send you notifications, and respond to customer support requests. You can access and change your personal information or cancel your account by logging in to the Edit account details page.
We may be required to disclose your personal information in order to:
comply with the law or legal process;
protect or defend our rights or property, or the rights or property of others;
enforce these terms; or
respond to claims that the content of any material on our system violates the rights of others.
If we must disclose your personal information in order to comply with the law or legal process, we will inform you (at the email address you provide) as soon as practicable, provided that it is lawful for us to do so.
We will also aggregate user information and perform statistical analyses of the collective behavior of our members and visitors, to measure overall demographics, and to analyze how to improve our service. We may share this information with third parties (such as Google Analytics), but such aggregate information does not contain personal information other than IP addresses. In addition, we may compile and disclose aggregate information about our users for promotional or other purposes. For example, we might want to disclose that a certain percentage of our users are located within a particular geographic area or work most frequently in the mornings.
We use session and login cookies, which help us keep track of when a person is logged in and which services people use. We will also capture login timestamps, and usage statistics, as well as IP addresses.
We will communicate with you via email, to the email address you provide to us. Some communications, such as emails informing you of new features, may be unsubscribed to via the unsubscribe link in the email. For our service to operate and function properly we may need to communicate with you through email, If you would like to cease all communications from us, please cancel your account.
You may not list, upload, or otherwise place any content or information on the site that you do not have the legal right or explicit permission to do so. If you believe that any such information or content has been uploaded or listed on the site, please send a notice of infringement containing the following information to firstname.lastname@example.org
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Contact information for the notifying party, including name, address, telephone number, and email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
A statement that the information in the notification is accurate.
Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will also notify the person who posted, uploaded, or otherwise placed the allegedly infringing material on the site that we have removed or disabled access to such material.
If you believe that material has been removed improperly, you must send a written counter notification to the agent, and include:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
Your name, address, and telephone number, and a statement that you consent to the New Zealand Law that you will accept service of process from the person who provided the original notification or an agent of such person.
Upon receipt of a counter notification complying with these requirements, we will promptly provide the original reporter with a copy of the counter notification, and inform that person that we may replace the removed material or cease disabling access to it if we do not receive notice within ten business days that the original reporter is seeking a court order to prevent further infringement of the material at issue.
As a permitted user of the site, we have some ground rules which you must adhere to when using the site. You agree not to do any of the following:
Threaten other users with violence.
Use hateful, abusive, harassing, libelous, or obscene language towards other users.
Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation;
Use the site to distribute viruses or other harmful, disruptive, or destructive files;
Use or attempt to use another person’s account;
Disrupt or interfere with the security of, or otherwise abuse, the site, or any servers or networks connected to the site;
Attempt to obtain unauthorized access to the site;
Impersonate another person or business;
Systematically harvest data from the site, or programmatically register accounts on the site.
Use the site in a deceptive manner, not disclose all relevant information to make a booking or comply with the listings terms and conditions and rules and requirements.
You further agree that you are responsible for your actions in relation to the site, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from New Zealand; and that you will comply with all applicable local, regional, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.
If it appears you have violated any of these rules, we may, in our sole discretion, remove any offending material or immediately limit or terminate your account.
We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
As Skowt is not a party to any rental transaction between you and another member, you agree not to involve or attempt to involve Skowt in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided.
We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.
These terms shall be governed by and construed in accordance with New Zealand Law, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site in the courts located within New Zealand, and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the site or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent.
When you make a booking using the Site the following additional terms apply.
To make a booking we require you to be a permitted user as outlined above in section 3.
We cannot accept additional liability for unavailability caused by a venue manager over-selling its own inventory.
Payment: You agree to make payment to the venue manager and are obligated to do so in accordance with the terms and conditions of the venue manager, skowt accepts no responsibility for the the processing or refund of payments.
Changes to bookings: If you want to change any details of your booking, you must contact the venue manager. Please note that:
bookings with certain venue managers, or in certain time periods, or for certain room types cannot be cancelled or changed; and
some venue managers may permit cancellations or changes but this may involve that venue manager imposing a charge, and this information will be displayed (see cancellation policy) on the relevant listings page and the booking page, which you access prior to making a booking. Cancellations: You should notify the venue manager as soon as you know you need to cancel.
If you fail to cancel a booking and do not show for the booking made, you may be charged for up to the full amount of the booking made, the venue manager reserves the right to state thus in their terms and conditions.
Requirements upon showing for a booking: To eliminate identity fraud, the venue manager reserves the right to ask you to provide photo ID upon arrival to ensure that your identity matches the booking identity. A record and/or copy of this photo ID may be retained by the venue manager to minimise the risk of fraudulent activity in the event of disputation. This identification information may be supplied to us by the venue manager in the event of a dispute.
Site information: We make every effort to ensure all rental listing information displayed on the Site is accurate; however, as all listing information is managed by our users, we are unable to guarantee the accuracy of all information nor are we able to guarantee that the Site is free of errors or faults. We reserve the right to change rental listing information displayed on the Site.
When listing a property on this site, it is your responsibility to ensure that you are legally entitled to do so.
The property must be accurately represented and if we deem any listings inappropriate, or in breach of these terms, they will be removed.
All prices and listing fees on this site are GST inclusive and in New Zealand Dollars; we reserve the right to make any changes to either of these. Any prices that are GST exclusive must expressly state this.
These terms were last updated on 20/06/2013