Business Listings, Vendors & Commission

BUSINESS LISTINGS, VENDORS & COMMISSION

Platform Participation Terms (B2B)

These Business Listings, Vendors & Commission Terms apply to businesses, operators, and vendors listed on, promoted through, or transacting via the What’s On Aotearoa platform (including all regional pages).

They apply in addition to the General Terms & Conditions available at:
https://www.whatsonaotearoa.nz/pages/general-terms-conditions

1. Relationship Status (Critical)

What’s On Aotearoa operates as an independent digital listing, marketing, and booking facilitation platform.

Nothing in these terms creates a relationship of:

  • Partnership

  • Joint venture

  • Employment

  • Franchise

  • Agency

except to the limited extent necessary to facilitate payment collection where bookings are processed through the platform.

Businesses participate as independent operators and remain solely responsible for their own services, staff, safety compliance, and legal obligations.

2. Listings (Paid and Non-Paid)

Businesses may be listed:

  • With or without payment

  • With or without booking functionality

  • On a standard, priority, or featured basis (where applicable)

Listing:

  • Does not constitute endorsement

  • Does not guarantee visibility, traffic, bookings, or revenue

  • May be modified, re-categorised, deprioritised, suspended, or removed at the platform’s discretion

What’s On Aotearoa is under no obligation to host or continue hosting any listing indefinitely.

3. Business Content, Permissions & Representations

Listings may include:

  • Business-supplied content

  • Publicly available information

  • Platform-created summaries or descriptions

The business warrants that:

  • It has full rights, licences, consents, and authority to provide and authorise use of any supplied content

  • All information supplied is accurate, lawful, and not misleading

  • Supplied content does not infringe copyright, trade mark, privacy, publicity, or other rights of any person

  • It will promptly notify the platform of any inaccuracies, changes, complaints, or rights issues relating to its content

Where content is supplied by the business, the business remains responsible for ensuring it has obtained all necessary permissions for publication, promotion, and related platform use.

What’s On Aotearoa may:

  • Edit, summarise, crop, resize, reformat, translate, retitle, or adapt content

  • Create summaries, excerpts, promotional copy, or platform descriptions based on supplied or publicly available business information

  • Remove, amend, disable access to, or suspend content for compliance, clarity, rights management, legal risk, reputational risk, or operational reasons

The platform is not responsible for independently verifying the accuracy, ownership, or permissions status of business-supplied content.

If What’s On Aotearoa receives a complaint or reasonably believes that content may be inaccurate, unauthorised, misleading, or infringing, it may remove, suspend, or disable that content while the matter is reviewed.

4. Intellectual Property Licence

The business retains ownership of its intellectual property.

By participating, the business grants What’s On Aotearoa a non-exclusive, royalty-free, worldwide licence to:

  • Display

  • Reproduce

  • Publish

  • Format

  • Adapt

  • Promote

  • Distribute

content for the purpose of operating, marketing, and promoting the platform and the relevant business listing, offering, event, service, or booking opportunity.

This licence includes the right to:

  • Publish content on the platform and regional pages

  • Use content in platform editorial features, category pages, discovery pages, newsletters, and social media content

  • Resize, crop, reformat, excerpt, and adapt content for presentation, mobile optimisation, layout, accessibility, and promotional consistency

This licence continues for the duration of participation and any reasonable archival, evidential, administrative, or campaign period thereafter.

5. Promotional Use & Advertising (Opt-In)

Where a business expressly opts in, What’s On Aotearoa may use business-supplied content in off-platform marketing activities, including:

  • Social media

  • Paid digital advertising

  • Email campaigns

  • Platform-level promotional materials

5.1 Opt-In Requirement

Use of business content in paid advertising requires explicit consent, collected via onboarding, listing forms, or written confirmation.

Consent may be withdrawn in writing at any time.

Withdrawal may take a reasonable period to apply to active campaigns.

5.2 No Guarantee of Advertising Inclusion

Opting in:

  • Does not guarantee advertising placement

  • Does not create an advertising service agreement

  • Does not guarantee performance, reach, or results

Paid listings relate to on-platform visibility only unless otherwise agreed in writing.

6. Bookings & Service Delivery

Where bookings are facilitated:

  • The business is solely responsible for delivering services

  • The business controls operations, staffing, compliance, pricing, and availability

  • The platform does not supervise or manage service delivery

The business must:

  • Honour confirmed bookings

  • Maintain required licences and insurance

  • Comply with health and safety legislation

All operational responsibility remains with the business.

7. Commission, Fees & Payment Processing

Where applicable, What’s On Aotearoa may charge:

  • Setup or onboarding fees

  • Listing fees

  • Commission on bookings

  • Transaction or payment processing fees

Commission:

  • May be calculated on total transaction value (inclusive or exclusive of GST, as agreed)

  • May be deducted before payout

  • May vary by category or agreement

Payout timing, commission rates, and fee structures:

  • Will be disclosed during onboarding or agreed in writing

  • May be updated prospectively with reasonable notice

The platform may withhold payouts where:

  • A booking dispute exists

  • A chargeback occurs

  • Fraud or breach of these terms is suspected

8. Taxes & Regulatory Compliance

The business is solely responsible for:

  • GST registration and reporting

  • Income tax obligations

  • Industry licences or permits

  • Regulatory compliance

The platform is responsible only for tax on its own commission or fees.

Nothing in these terms constitutes tax, legal, or accounting advice.

9. Consumer Law & Contracting Out (B2B)

To the extent permitted by law, where the business acquires platform services in trade, the parties agree to contract out of the Consumer Guarantees Act 1993 in respect of their business-to-business relationship.

This does not affect consumer rights.

10. Platform Content, Website Use & Restrictions

All platform content, including listing layouts, platform-created summaries, editorial copy, branding, design elements, compilations, databases, images, text, and other website content, is protected by intellectual property laws and remains subject to applicable rights owned by us and/or our licensors, contributors, businesses, organisers, vendors, or other relevant rights holders.

Unless expressly permitted by us in writing, the business must not copy, reproduce, republish, scrape, harvest, crawl, download, frame, mirror, extract, distribute, commercially exploit, or otherwise reuse any part of the platform or its content for republication on another website, platform, service, database, publication, or competing listing or discovery product.

The business must not use any automated means, including bots, scripts, scrapers, spiders, crawlers, data mining tools, or similar technologies, to access, extract, collect, index, monitor, or reuse platform content or data without our prior written consent.

Nothing in these terms gives the business ownership of platform-created copy, platform formatting, platform layouts, compilations, categorisation structures, or other platform materials except for the business’s own underlying intellectual property.

What’s On Aotearoa may restrict, suspend, or block access to any person, account, IP address, system, or service that it reasonably believes is misusing the platform or its content, including through unauthorised scraping, copying, extraction, republication, or automated access.

11. Indemnity

The business indemnifies and holds harmless What’s On Aotearoa from any claim, loss, liability, damage, or expense (including legal costs) arising from:

  • The business’s services or operations

  • Personal injury or property damage caused by the business

  • Inaccurate, misleading, unauthorised, or infringing content supplied by the business

  • Breach of law or regulatory non-compliance

  • Customer disputes relating to service delivery

  • Any allegation that supplied content infringes copyright, trade mark, privacy, publicity, or other rights

This indemnity survives termination.

12. Limitation of Liability

To the maximum extent permitted by law:

  • The platform’s total liability to the business is limited to the fees paid by the business to the platform in the preceding 12 months

  • The platform is not liable for indirect, consequential, reputational, or economic loss, including loss of revenue or goodwill

Nothing in these terms excludes liability where exclusion is not permitted by law.

13. Suspension & Termination

What’s On Aotearoa may suspend or remove a listing immediately where:

  • There is risk to customers

  • Legal or regulatory concerns arise

  • The business breaches these terms

  • Reputational risk to the platform exists

  • There is a complaint, claim, or reasonable concern about inaccurate, misleading, unauthorised, or infringing content

  • Unauthorised scraping, copying, extraction, republication, or misuse of platform content is suspected

Either party may terminate participation with reasonable notice.

Upon termination:

  • Listings may be removed

  • Outstanding fees remain payable

  • Confirmed bookings must be honoured

Certain clauses (including indemnity and liability limitations) survive termination.

14. Governing Law

These Business Listings, Vendors & Commission Terms are governed by the laws of New Zealand.ork between you and participating businesses.