Owners – Terms & Conditions

These Listing Owner Terms & Conditions (Listing Owner Terms) apply to Listing Owners on
www.Loop.net.nz or the Loop App (together the Loop Service). By registering as a Listing Owner, you
confirm your acceptance of these Listing Owner Terms.
The Loop Service is provided by Loop NZ Limited (Us). Find out more about:
• Our obligations
• Your obligations
• Creating ads
• Changes to ads
• Placing ads
• Payment
• Terminating our agreement
• Ownership
• Privacy

1. Our obligations
1.1. Our general obligations to you as a Listing Owner include:
• providing our services in accordance with our agreement with you
• promptly responding to any questions you may have about advertising on the Loop
Service
• providing you with clear information about our billing and charges when requested
1.2. We have the right to enforce our Listing Owner Terms and to determine where necessary:
• whether you meet our criteria for placing listings on the Loop Service
• the final look and feel of your listing so that it complies with Loop Service specifications
• the category in which your listing will appear on the Loop Service, over and above the
selection that you have supplied us
• the placement of your listing within that category
1.3. We also reserve the right to:
• ask you to substantiate any claims about your business, organisation, products or services
that you make in your listing
• request amendments to your listing
• refuse to accept or publish your listing if we believe it is incompatible with our guiding
principles and our social responsibility
• cancel or remove your listing if we deem it is not in our best interests or may injure our
reputation.
1.4. We make every effort to ensure the availability of the Loop Service, subject to any downtime
required for maintenance. However, we take no responsibility for and will not be liable for the website when it is temporarily unavailable due to technical issues, nor for any loss or damage
whatsoever that you or any third party may suffer as a result of the loss or corruption of data, nor
for any loss of revenue, profit or income arising out of or in connection with the use of this
website.
1.5. You acknowledge and agree that, if we are found by a court of competent jurisdiction to have any
direct liability to any Listing Owner in any circumstance, our liability is limited to an amount equal
to the cost of the advertising space for the relevant material in the website.

2. Your obligations
2.1. Your obligation as Listing Owner is to comply with these Listing Owner Terms and to ensure that
the products and services that you list on the Loop Service are relevant and appropriate to our
site visitors.
2.2. Your obligations when using or receiving our services include confirming that you are obtaining
our products and services for genuine business purposes and that you (and any person acting on
your behalf) has authority to enter into this agreement with us.
2.3. Your obligations also include making sure that any content you provide, use, or make available for
use in your listing:
• complies with these Listing Owner Terms
• is compatible with our website specifications
• is complete and accurate and is not misleading or confusing, including any representations
or claims about your business or organisation and your membership of any business or trade
associations
• complies with all relevant laws, regulations, codes and standards in relation to the products
and services being advertised through your listing, your use of our website and any content
that you provide, use, or make available for your listing
• is owned by you or you have the rights to provide it, use it, or make it available for use and
distribution as part of your listing
• does not infringe anyone else’s intellectual property or privacy rights and is not defamatory,
offensive or obscene
• is not about or concerning a third party without that third party’s consent
• does not damage, interfere with or harm the Loop Service, or any network or system
underlying or connected to them, or attempt to do so
• does not use a robot, spider, scraper or other unauthorised automated means to access the
Loop Service or any information featured on it for any purpose
• does not link directly or indirectly to a site that contains spyware or malware downloads or
facilitates or promotes collection of demographic and usage information from a user’s
computer without the user’s express consent
• only includes a URL or domain name within the body of the listing that links to that same URL
or domain
2.4. does not require site visitors to first enter personal information (such as name, date of birth, or
phone number) from any landing pages linked from the Loop service, except to enable an ecommerce
transaction and/ or where the intent of the information is clear. As a Listing Owner on
the Loop Service, you agree to compensate and indemnify Us against any loss, damage, liability
or claims that we suffer or become liable for as a result of your failure to comply with our
agreement with you.
2.5. We do not participate in any discussion or transaction between Listing Owners or their potential
or confirmed customers, nor do we act as an agent for either party.

2.6. Transactions and all other contact between you and any customers are conducted entirely at your
own risk. You agree not to involve us in any dispute or in the resolution of any disputes that may
arise.

3. Creating Listings
3.1. In order to place listings on the Loop Service you must register with us and create an account.
On registration, you will be asked to create a password. You must keep your password
confidential at all times and use it only to access and use your account and not for any other
purpose. You are the only authorised user of your account and, accordingly, you must not disclose
your password to anyone else. You should contact us immediately upon discovering any
unauthorised use of your account or error in the operation of your password. Any breach of these
terms and/or any use of your account by anyone to whom you disclose your password will be
treated as if the breach or use had been carried out by you and will not relieve you of your
obligations to us.
3.2. You must cease to use and delete the password for your account on termination of your account
for whatever reason.
3.3. All listings that appear on the Loop Service can be created by you and the LOOP Service and in
accordance with our Listing Owner Terms and website specifications.
3.4. We have sole discretion to determine the types of advertising and promotion that will be accepted
and displayed on the Loop Service.
3.5. We are not responsible for the content, colour limitations or accuracy of third- party
advertisements (including hyperlinks to Listing Owners’ own websites).
3.6. Each Listing Owner is solely responsible for any representation made in connection with its
listing.
3.7. We do not accept responsibility or liability for any loss arising from failure of all or part of a listing
to appear or for any error in a listing.
3.8. Listing Owners are responsible for providing:
• a fully completed online Listing Form
• clear proofed descriptions of their business
• their own or third party approved images
• hyperlinks to their preferred contact email address and website
• correct contact details for invoicing purposes.
3.9. Listing Owners need to ensure that each of their listings complies with the relevant codes of
practice issued by the Advertising Standards Authority (ASA). Material is held at the Listing
Owner’s risk and is not insured by us.
3.10. You indemnify us against all losses or costs arising directly or indirectly from publication of the
material on the Loop Service, and from any costs incurred from making corrections or
amendments in accordance with the Listing Owner Terms.

4. Changes to Listings
4.1. Once your listing is live, we may make reasonable changes in line with your feedback before it is
republished, including moderating the content or changing out images. However, we reserve the
right to refuse to accept any of your proposed changes at our discretion.
4.2. In order to get the most out of the Loop Service, it is important that you ensure that the content of
your listing is relevant to consumers, Caregivers and children aged 0-13years.

4.3. We will investigate all complaints and reports of content that does not comply with our Terms of
Use. However, we will not remove or change content simply because it may be unfavourable to
you or to any other featured business.
4.4. If you wish to cancel a listing, your account must be paid in full and not in arrears. You can make
changes via the Listing Owner dashboard but we will not refund any payments already made.

5. Placing Listings
5.1. The placement of listings on the Loop Service is at our discretion and does not mean that we
favour, endorse or recommend any of the advertised products or services that are listed.
5.2. Our search function operates in a way that site visitors can easily and logically find what they are
looking for based on relevancy. We reserve the right to display advertising in a way that we
believe best serves site visitors’ needs.
5.3. You may purchase advertising space in more than one category or sub-category on the Loop
Service. However, we have the right to remove your listing from any category or sub-category
should we feel it is not relevant.
5.4. Featured listings have priority to be placed at the top of Category chosen.
5.5. A monthly charge is set for Featured listings and Banner Advertising. If a listing is under 28-30
days, the same fee applies.

6. Prices and Payment
6.1. In consideration for Us providing the Loop Service to You, You agree to pay the relevant Prices
stated in our rate card applicable to the services You have requested from Us.
6.2. Our listing and advertising rates, including any booking commissions payable (Prices) are notified
in our Rate Card (sent via email to Owners) and we reserve the right to revise the Prices included
on a Rate Card at any time. Where we have agreed to charge you a fixed price for a defined
period of time, once that period expires, you will be charged at our current Rate Card rates
unless otherwise agreed.
6.3. Prices are in New Zealand dollars and are inclusive of Goods and Service Tax (GST).
6.4. You agree to pay the Prices either by credit card on booking, monthly, or on invoice, as applicable
and as notified to You. All invoices issued to you for must be paid for on or before the invoice due
date via direct credit. If you do not make a payment by the due date, we reserve the right to
remove your listing from the Loop Service until payment is made. In addition, you indemnify us
against all loss, costs and expenses, including legal costs on a solicitor/client basis, that we may
incur as a result of any failure by you to make due and punctual payment.
6.5. Payment processing services for Listing Owners on the Loop Service are provided by Stripe and
are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of
Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing
to operate as a Listing Owner on the Loop Service, you agree to be bound by the Stripe Services
Agreement, as the same may be modified by Stripe from time to time. As a condition of the Loop
Service enabling payment processing services through Stripe, you agree to provide to the Loop
Service accurate and complete information about you and your business, and you authorise the
Loop Service to share it and transaction information related to your use of the payment
processing services provided by Stripe.
6.6. Click-through listings are designed to go from a LOOP listing directly to the Owners website. A
Click-through charge will be decided on by LOOP admin and the Owner in an email agreement.

7. Terminating our agreement
7.1. Our agreement with you will continue until terminated by either of us, as provided for in these
Terms.

7.2. You can terminate your agreement with us if we breach a material term of this agreement that is
not remedied within 10 business days after we receive a written notice from you identifying the
breach and asking us to remedy it.
7.3. You can also terminate this agreement, in full or in part, if you no longer wish to appear on the
Loop Service, via the Listing Owner Dashboard.
7.4. r.We will not refund you any charges that have been paid in advance. Once a listing is live on the
Loop Service, we consider it to be a completed transaction.
7.5. We may terminate our agreement with you in full or in part at any time by contacting you in writing
if we receive a complaint or series of complaints about you or your business, or if we deem your
behaviour, your listing or any content that you have provided to be unacceptable.
7.6. If we terminate our agreement with you in full or in part for any of these reasons then we will not
provide you with a refund of any charges that you have paid to us in advance and you must pay
any outstanding amounts due under this agreement.
7.7. Even though this agreement may have been terminated by either of us, those rights and
responsibilities which are intended to continue after this agreement ends won’t be affected by
that termination.

8. Ownership
8.1. You will continue to own or have the right to use any content that you provide to us for use in your
listing.
8.2. We own or are licensed to use all rights including copyright in:
• the Loop Service
• our trade marks, brand names, badges, icons, logos and domain names
• the images in our image library
• data that we collect or that is generated through or in relation to the Loop Service
• all content published, contained, posted or uploaded in or on the Loop Service
8.3. As copyright owner, we decide who is able to use that content and the kinds of use they can make
of it.
8.4. Except for content that we allow to be shared for specific purposes through Facebook, Twitter or
other social media, you must not use any of our property without our permission.

9. Privacy
9.1. We are committed to protecting your privacy. Please refer to our Privacy Policy for more
information on how we use and protect any information that you give us when you use the Loop
Service.

10. Liability
10.1. We exclude all implied conditions and warranties from these Terms except to the extent that they
cannot be excluded by law. The guarantees contained in the Consumer Guarantees Act 1993 are
excluded where you acquire or hold yourself out as acquiring goods or services for the purpose
of a business.
10.2. We will not be liable for any loss including any loss of revenue, profit or income and any indirect
or consequential loss arising from or in relation to any error or omission in publishing or failure to
publish. If we are found by a court of competent jurisdiction to have any liability for any
circumstance, that liability is limited to an amount equal to the Price you have paid for the relevant
listing.

10.3. You acknowledge that you have not relied on any representation made by or on behalf of us in
connection with your listings.
10.4. If we are found by a court of competent jurisdiction to have any direct liability in any circumstance
that liability is limited to the Price you have paid for the relevant listing.

11. General
11.1. Variation: We may change these Terms or any other information contained in this website at any
time without notice. We encourage you to check these Terms regularly. By continuing to access
the Loop Service you agree to be bound by any and all amended terms. Amendments will be
effective immediately upon posting the amended terms and conditions on the Loop Service.p.
11.2. Force Majeure: Events outside our control: If any cause beyond our reasonable control including
but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in
transit, difficulty in procuring components or equipment, embargo, accident, emergency, act of
God interfere with our performance of any of our obligations under these Terms then we may at
our sole discretion suspend our performance of any such obligation or cancel any contract for the
purchase of Services and we will not be liable to you in any respect.
11.3. Waiver: These Terms remain in force notwithstanding any neglect, forbearance or delay in
enforcement. We will not be deemed to have waived any condition unless such waiver will be in
writing and such waiver will only apply to the particular transaction to which it refers.
11.4. Severability: If any clause or provision of these Terms will be held illegal or unenforceable by any
judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this
Agreement. The remaining provisions of this agreement will remain in full force and effect as if
the clause or provision held to be illegal or unenforceable had not been included.
11.5. Governing law and jurisdiction: These Terms are governed by the laws of New Zealand. You
agree to submit to the exclusive jurisdiction of the New Zealand courts.
11.6. Entire agreement: These Terms constitute the entire agreement between you and Us and
supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts,
agreements, promises, assurances, warranties, representations and understandings between Us,
whether written or oral.
11.7. Assignment: You acknowledge that We may transfer Our rights under these Terms (and any
related claims) to any third party without having to obtain your prior consent.
11.8. LOOP offers a trial period for Owners to the maximum of 3 months. Once this period is over,
LOOP admin will individually agree, together, with Owners (via email) the charge set for payments.
If a payment has been set during, or prior to the trial period, it will commence automatically.
OWNERS will receive an invoice for their first billing at the end of the fourth month listed on LOOP.
LOOP endeavours to contact an OWNER at the end of the trial period.