LocalBestie TERMS OF USE

APPLICATION OF TERMS
1. These Terms apply to your use of Local Bestie, other than where you are a merchant advertising Listings for your products and services on Local Bestie, in which case the Local Bestie Merchant Terms apply. By accessing and using Local Bestie (other than as a merchant) you agree to these Terms.
2. If you do not agree to these Terms, you are not authorised to access and use Local Bestie, and you must immediately stop doing so.
CHANGES
1. We may change these Terms at any time by updating them on Local Bestie. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By purchasing Coupons or products and services using a Fixed Price Listing through Local Bestie, or by otherwise accessing or using Local Bestie after the Terms have been updated, you agree to be bound by the changed Terms.
2. We may change, suspend, discontinue, or restrict access to, Local Bestie without notice or liability.
3. Terms last updated: These Terms were last updated on [20 February 2021].
DEFINITIONS AND INTERPRETATION
1. Definitions: In these Terms:
ABOUT Local Bestie
1. Local Bestie is a location-based platform that allows users to discover local products and services that may be of interest to them, provides access to Listings for those products and services and allows users to make payments for Listings through Local Bestie.
2. Local Bestie enables you to access products and services or Coupons for those products and services from merchants who have placed Listings on Local Bestie using the Local Bestie platform, and pay directly through Local Bestie.
3. We act as an intermediary for users to transact and are not a party to any agreement to buy, sell or provide products or services or Coupons advertised on Local Bestie or sold using the Services. When you purchase products and/or services and Coupons using Local Bestie, you are entering into an agreement directly with the merchant. Other than our obligations set out in these Terms, we are not liable to you for: a any failure by a merchant to supply the products and services to you in accordance with the Listing Terms; b the quality of any such products and services; or c any failure by a merchant to comply with these Terms, the Local Bestie Merchant Terms, or any other legal obligation.
4. We do not undertake to monitor or verify merchants or their products and services, including to verify the accuracy of their listings or the quality or suitability of their products and services.
5. We will use reasonable efforts to provide Local Bestie in accordance with these Terms and applicable law.
6. We provide Local Bestie on an as is and as available basis, and you use it at your own risk.
YOUR OBLIGATIONS
1. You must:
  1. use Local Bestie in accordance with these Terms and solely for your lawful personal purposes; and
  2. not resell or make available Local Bestie to any third party, or otherwise commercially exploit Local Bestie.
2. You must provide true, current and complete information in your dealings with us (including when setting up a user profile), and must promptly update that information as required so that the information remains true, current and complete.
3. You must keep your User ID secure and:
  1. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
  2. immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to [info@localbestie.com].
4. If you are purchasing products and services from a merchant, you agree to be bound by any Listing Terms or any additional terms and conditions otherwise made available to you.
5. You must not:
  1. impersonate another person or misrepresent authorisation to act on behalf of others or us; or
  2. ask a merchant to accept direct payment, or any payment method other than payment through Local Bestie, of the price payable for any product or service that is the subject of a Listing.
FEES AND PAYMENT
1. There are no charges for you to browse Local Bestie.
2. The price for any Coupons you purchase through Local Bestie or any products and services you purchase on redemption of a Fixed Price Listing and any other applicable fees will be displayed to you at the time of purchase.
REFUNDS
1. No refunds are permitted (including but not limited to the "Premium" membership fee) except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law. We may, in our sole discretion, provide a refund for your purchase of a Coupon before it has been redeemed.
2. Any complaint or dispute about the products and services you have received in connection with a Listing must be handled directly with the merchant.
3. If you are enrolled in the optional "Premium" membership program you may cancel your membership and revert to a normal user at any time via submitting your request via the Premium concierge support form found here: [https://www.localbestie.com]
INTELLECTUAL PROPERTY
1. We (and our licensors) own all proprietary and intellectual property rights in Local Bestie (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
2. If you provide us with ideas, comments or suggestions relating to Local Bestie or the Underlying Systems (together feedback):
  1. all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
  2. we may use or disclose the feedback for any purpose.
PRIVACY
When you provide personal information to us, we will comply with applicable privacy and data protection laws and with our privacy policy set out at [https://localbestie.com/privacy].
DISCLAIMERS
1. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
  1. any Coupons or products and services that you have purchased through Local Bestie, or any failure to receive any products and services in connection with your redemption of a Coupon or Fixed Price Listing;
  2. Local Bestie being unavailable (in whole or in part) or performing slowly;
  3. any error in, or omission from, any information made available through Local Bestie;
  4. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Local Bestie. To avoid doubt, you are responsible for ensuring the process by which you access and use of Local Bestie protects you from this; and
  5. any site linked from Local Bestie. Any link on Local Bestie to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or services.
2. Without limiting clause 10.I:
  1. you rely on information provided by merchants and other Local Bestie users at your own risk;
  2. you acknowledge we do not, control, inspect, endorse, approve or check the availability, condition or nature of any advertised cards or the accuracy, currency, truth or completeness of the information provided by merchants and it is your responsibility to do so; and
  3. it is your responsibility to take any other necessary precautions before purchasing any product and/or service.
LIABILITY
1. To the maximum extent permitted by law:
  1. you access and use of Local Bestie at your own risk; and
  2. we are not liable or responsible to you or any other person for any Loss under these Terms or in connection with Local Bestie or your access and use of (or inability to access or use) Local Bestie. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
2. To the maximum extent permitted by law and only to the extent clause 11.1 does not apply, our total liability to you under or in connection with these Terms, or in connection with Local Bestie, or your access and use of (or inability to access or use) Local Bestie, must not exceed NZD10.
3. We will not be liable to you under or in connection with these Terms or Local Bestie for any:
  1. loss of profit, revenue, savings, business, use, data (including Content), and/or goodwill; or
  2. consequential, indirect, incidental or special damage or loss of any kind.
4. Clauses 11.I to 11.III do not apply to limit:
  1. our liability under or in connection with these Terms:
    1. for personal injury or death; or
    2. for fraud or willful misconduct; or
  2. any liability that cannot be excluded by law. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD10.
SUSPENSION AND TERMINATION
1. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to Local Bestie (or any part of it).
2. On suspension or termination:
  1. you must immediately cease using Local Bestie and must not attempt to gain further access; and
  2. [provided you have not materially breached these Terms, we will refund you the price of any Coupons that are not expired.]
3. Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 7, 9, 10, 11, 12.III, continue in force.
GENERAL
1. If we need to contact you, we may do so by email or by posting a notice on Local Bestie. You agree that this satisfies all legal requirements in relation to written communications.
2. These Terms, and any dispute relating to these Terms or Local Bestie, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or Local Bestie.
3. We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by an event that is beyond our reasonable control.
4. You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.
5. No person other than us and you has any right to a benefit under, or to enforce, these Terms.
6. Subject to clause 2.1, any variation to these Terms must be in writing and signed by both parties.
7. For us to waive a right under these Terms, that waiver must be in writing and signed by us.
8. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
9. These Terms set out everything relating to your use of Local Bestie and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to Local Bestie that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.