PRIVACY

Note: PARK-SLEEP may vary these privacy provisions from time to time in accordance with its Terms and Conditions applicable at the time.

Tourist Camper Privacy: The Host is obligated to respect the privacy of the Tourist Camper (see Terms and Conditions).

Host Privacy: PARK-SLEEP collects personal information about you, the Host , through your use of the Services and the Website, including:

You agree that PARK-SLEEP may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of Park-Sleep Limited, our users, or others, for promoting and marketing other PARK-SLEEP products and Services to you, and for any other use that you authorise.

Other than the information you have provided for the publically accessible directory service, we will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Park-Sleep Limited, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry of Economic Development. You may contact PARK-SLEEP to ask whether information has been provided to government agencies. Except under exceptional circumstance we will not provide this information without your prior consent and or knowledge.

Terminology: See Terms and Conditons.

TERMS AND CONDITIONS

1 TERMS AND CONDITIONS

1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which PARK-SLEEP offers you access to the Services and the Website. By using as a Listing Host, Tourist Camper or other party of PARK-SLEEP you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services and the Website.

1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by PARK-SLEEP from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services and Website represents your agreement to be bound by the terms and conditions as amended.

2 SPECIFIC WARNINGS

2.1 The services: PARK-SLEEP provides a directory service to introduce listing hosts who want to advertise their property for use by a campervan and those Tourist Campers wishing to use such for short term stays. PARK-SLEEP does not take any part in the arrangement between a Listing Host and campervan Tourist Camper other than by providing our Website as a directory service for Listing Hosts. If an offer is accepted by a Tourist Camper, a contract of sale will be formed between the Listing Host and the Tourist Camper directly. We do not act as agent for either party and do not participate in the transaction between Listing Hosts and Tourist Campers.

2.2 At your own risk: Transactions and all other contact between you and other parties are conducted entirely at your own risk. You agree that PARK-SLEEP takes no responsibility or liability for any misconduct of any of its parties including, without limitation, parties that have registered under false pretences or who attempt to defraud you. PARK-SLEEP gives no undertakings, representations, or warranties in relation to properties listed on the Website, or Tourist Campers intended use including:

  1. about ownership or use rights of a property;
  2. as to the content, safety, description, worthiness, quality, or legality of the sites that are listed on the Website;
  3. as to the accuracy or truth of listings;
  4. that any site listed, will meet a Tourist Camper's requirements or expectations;
  5. about the ability of Listing Hosts and Tourist Campers to complete a transaction, including credit card transactions;
  6. about the Tourist Camper's rights to use the campervan;
  7. about the Tourist Camper's true intentions;
  8. any other matter.

2.3 Disclaimer: You expressly understand and agree that:

  1. your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, PARK-SLEEP disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
  2. PARK-SLEEP does not warrant that i) the sites provided will be safe, uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
  3. no advice or information that is obtained by you from PARK-SLEEP or anyone else shall create any warranty by PARK-SLEEP that is not expressly stated in the terms and conditions;
  4. responsibility for the content of information provided including advertisements appearing on this Website (including hyperlinks to Listing Host's own websites or other websites) rests solely with the Listing Hosts or other parties. The placement of such information including advertisements on the Website does not constitute PARK-SLEEP's recommendation or endorsement of the information or advertised site. Each Listing Host, or other party, is solely responsible for any representation made in connection with its advertisement or information provided.
  5. while PARK-SLEEP may facilitate payment for some items by credit card, PARK-SLEEP is in no way involved in the transaction between the Listing Host and the Tourist Camper itself, and responsibility for any refund to a Tourist Camper rests with the listing host.
  6. PARK-SLEEP is not responsible for protecting members from credit card fraud. PARK-SLEEP's fraud protection systems may from time to time block credit card payments. In these cases payment will need to be made by other means.

2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of PARK-SLEEP to you or any other person or party under or in connection with these terms and conditions, or in connection with the Services, this Website, another acts or omissions, or your use of or inability to use, the Services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. PARK-SLEEP's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

2.5 Indemnity: You agree to release, indemnify and keep indemnified us, from and against all actions, claims, costs (including legal costs and expenses on a solicitor/client basis), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, or arising out of any content or arrangement made available through the Services.

2.6 Breach: Without limiting any other rights and remedies available to PARK-SLEEP, PARK-SLEEP may limit your activities on the Website, remove or add your hosting or listings, warn other members of your actions, issue a warning to you, suspend or terminate your listing, or refuse to provide our Services to you if you breach these terms and conditions or where PARK-SLEEP considers it appropriate in PARK-SLEEP's sole and absolute discretion.

2.7 Additional rules: In addition to the terms and conditions set out in this document, any documents between us or PARK-SLEEP policy from time to time form part of these terms and conditions.

3 HOSTING

3.1 Becoming a Listing Host: Hosting costs the applicable hosting fee. You may only register if you can form a legally binding contract that is enforceable against you. For example, you must be 18 years old and must have a legal right to permit access to the property. By hosting, you warrant that you can form a legally binding contract.

3.2 Accurate Information: You warrant that you have provided complete, accurate and current information when listing hosting. If applicable, you must maintain and update your personal and other information held by PARK-SLEEP to ensure it is kept current at all times. PARK-SLEEP may phone or mail you to verify these details. You must not register under multiple identities or personas (whether false or not) unless agreed to in writing by PARK-SLEEP.

3.3 Termination of Host Listing: PARK-SLEEP reserves the right to decline to register or to terminate your listing without entering into further discussions with you. Without limiting the foregoing, PARK-SLEEP may terminate your membership if a serious complaint or multiple complaints are received about you from other parties, if you breach these terms and conditions, if you impersonate another, party or if we, at our sole and absolute discretion, deem your behaviour to be unacceptable. Listing Hosts who have registered under multiple aliases will have all of their aliases disabled.

4 GENERAL RULES

4.1 General

  1. All listings, communications or dealings made through PARK-SLEEP shall be made in good faith.
  2. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
  3. You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
  4. You must list hosting rates in New Zealand currency and include any taxes or charges (e.g. New Zealand dollars and include GST) in the price. All tax obligations are the responsibility of the Tourist Camper and/or the Listing Host (as the parties determine).
  5. You must not complete a transaction outside of the PARK-SLEEP process or otherwise seek to avoid PARK-SLEEP's fees. Attempts by you to avoid fees, including through multiple memberships, contacting directly, or otherwise, may result in PARK-SLEEP suspending or terminating your listing at the discretion of PARK-SLEEP.
  6. You are responsible for any actions taken through your host listing or action of any parties accessing the Services or the Website. PARK-SLEEP host listings are not transferable and therefore can not be sold, leased, lent or traded.

4.2 Your obligations as a Host

  1. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of the proposed Listing Host property, payment terms, and facilities available or not available as the case may be.
  2. You will only place listings for properties you are legally entitled to do so and where you are not in breach of any law, applicable local authority or council bylaw or rule, restrictive covenant, or any other applicable legal matter. You will not list items that you are not legally entitled to provide access to campervans and Tourist Campers.
  3. You must not list a property where it is illegal, offensive, anything which infringes copyright or other intellectual property rights.
  4. When you list a hosting property on PARK-SLEEP, you should do so with the intention of contract this item through the site.
  5. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use PARK-SLEEP listings to promote a business or website other listing.
  6. Listings are not pre-screened for content. PARK-SLEEP reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
  7. You are to arrange for your applicable insurance cover and should advise your insurer of your hosting.
  8. You shall comply with your hosting agreement.
  9. You shall respect the privacy of the Tourist Camper.

4.3 Your obligations as a Tourist Camper user

  1. Are entirely between you and the Listing Host.
  2. You should expect to provide details of your legal identity, address and contact e.g. from driver license and or passport.
  3. You agree to abide by the requirements of the Listing Host.
  4. You shall not exceed the maximum number of people booking. The number you are able to book is up to the number legally able to travel in the booked campervan.
  5. You shall abide by all the Host's reasonable or agreed directions.
  6. You shall not cause a nuisance for the host.

4.4 Feedback

  1. Feedback you provide must not contain offensive, defamatory or inappropriate language. PARK-SLEEP reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.

5 FEES AND ACCOUNTS

5.1 PARK-SLEEP Listing Fees

  1. Before listing, you should review PARK-SLEEP's fees to ensure you are aware of the fees that you will incur.
  2. The PARK-SLEEP fee is a directory service one time fee for listing on the Website for up to one year but may delete a listing within a year without being required to provide a refund for the unused portion of the year. In all event unless required to do so by law no refund shall ever be given or be payable.
  3. PARK-SLEEP reserves the right to make special offers from time to time.
  4. PARK-SLEEP is a New Zealand business and all transactions are billed in New Zealand dollars. The name PARK-SLEEP will appear on the Listing Host's cardholder statements for direct payment services via the website.

6 GENERAL PROVISIONS

6.1 System Integrity: PARK-SLEEP will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, PARK-SLEEP takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, PARK-SLEEP assumes no responsibility for the corruption of any data or information held by PARK-SLEEP.

6.2 Resolution of disputes: As PARK-SLEEP is not a party to any transaction between you and another member, you agree not to involve, or attempt to involve, PARK-SLEEP in any dispute or in the resolution of disputes that arise between you and another party as a result of the Services provided.

6.3 Force Majeure: Without prejudice to clause 2.3(a), PARK-SLEEP has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of PARK-SLEEP to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of PARK-SLEEP.

6.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

6.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

6.6 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

6.7 Intellectual Property Rights: PARK-SLEEP (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.

  1. You may not without our prior written permission, in any form or by any means:
    1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
    2. Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.

6.8 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

6.9 Costs: You agree to pay all PARK-SLEEP's cost on a solicitor for client business to enforce any of these terms and conditions.

6.10 Privacy: PARK-SLEEP collects personal information about you through your use of the Services and the Website, including:

You agree that PARK-SLEEP may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of Park-Sleep Limited, our users, or others, for promoting and marketing other PARK-SLEEP products and Services to you, and for any other use that you authorise.

Other than the information you have provided for the publically accessible directory service, we will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Park-Sleep Limited, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry of Economic Development. You may contact PARK-SLEEP to ask whether information has been provided to government agencies. Except under exceptional circumstance we will not provide this information without your prior consent and or knowledge.

7 SURVIVORSHIP

7.1 Termination of these Terms for any reason (including in the event of misrepresentation) will not affect the rights and obligations of the parties as are intended to survive the termination, including without limitation the rights and obligations of the parties pursuant to clauses.

8 INTERPRETATIONS AND DEFINITIONS

8.1 Terminology: In these terms and conditions, the following expressions have the meanings set out:

"PARK-SLEEP" means Park-Sleep Limited.

"Campervan" means a motorhome, campervan, recreational vehicle, caravan and/or that definition provided in the Freedom Camping Act 2011 or a vehicle appropriately designed and configured for sleeping in.

"Tourist Campers" means people travelling in a campervan also 'camper'

"Terms" means this terms and conditions.

"Intellectual Property" means all or any of the following which owns or is authorised to use:

"Services" means any one or more of the services offered by Park-Sleep Limited from time to time, including online classifieds, and any other services that PARK-SLEEP may offer.

"we", "us" and "our" are reference to Park-Sleep Limited.

"you" and "your" are reference to you.

"Website" means any PARK-SLEEP website through which the services are offered.

"listing" means a listing on the Website through which a host property is advertised.

"host" and "Listing Host" includes any person and or organisation placing a listing.

8.2 In these Terms reference to: