Terms & Conditions
Terms of ServicePlease read these Terms of Service ("Terms") carefully as by accessing or using the Bushman Tours Platform (as defined below), you agree to comply with and be bound by these Terms.
These Terms constitute a legally binding agreement ("Agreement") between you and Bushman Tours Limited (NZBN 9429047125490) ("Bushman," "we," "us," or "our") governing your access to and use of the Bushman Tours website, including any subdomains thereof, and any other websites or smart device applications (if any) ("Bushman Platform") through which Bushman Tours makes its services available ("Bushman Services").
1. Scope of Bushman Tours Platform
1.1 The Bushman Tours Platform is an online marketplace that enables registered users ("Members") who offer services ("Bushmans" and the services they offer, which may include the offering of single or multi-day Bushmand hikes and a variety of other incidental travel and non-travel related services, are "Bushman Services") to publish such Bushman Services on the Bushman Tours Platform ("Listings") and to communicate and transact directly with Members that are seeking to book Bushman Services (Members using Bushman Services are "visitors").
1.2 As the provider of the Bushman Tours Platform, Bushman Tours does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Bushman Services. Bushmans alone are responsible for their Bushman Services. When Members make or accept a booking, they are entering into a legally binding contract directly with each other. Bushman Tours is not and does not become a party to or other participant in any contractual relationship between Members. Bushman Tours is not acting as an agent in any capacity for any Member.
1.3 To promote the Bushman Tours Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
1.4 The Bushman Tours Platform may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Bushman Tours is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Bushman Tours of such Third-Party Services.
2. Using the Bushman Tours Platform
2.1 You must be an individual at least 18 years old and able to enter into legally binding contracts to use the Bushman Tours Platform.
2.2 You must register your details and be offered a contract with Bushman Tours ("Bushman Profile") to access and use certain features of the Bushman Tours Platform, such as publishing or booking a Listing personally.
2.3 You can register to become a Bushman by completing an application form with Bushman Tours and disclosing your details or all other information reasonably required by Bushman Tours.
2.4 You must provide accurate, current and complete information during the application process and keep your Bushman Profile and public Bushman Account profile page information up-to-date at all times by contacting us with any updated information.
2.5 You cannot register more than one (1) Bushman Profile. You cannot assign or otherwise transfer your Bushman Profile to another party.
2.6 You are responsible for maintaining the confidentiality and security of your Bushman Profile credentials and may not disclose your credentials to any third party. You must immediately notify Bushman if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your Bushman Account. You are liable for any and all activities conducted through your Bushman Account, unless such activities are not authorised by you and you are not otherwise negligent (such as failing to report the unauthorised use or loss of your credentials).
2.7 We do not assume any responsibility for the confirmation of any Member's identity. Despite this, for transparency and fraud prevention purposes, we may, but have no obligation to:
2.7.1 ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members;
2.7.2 screen Members against third party databases or other sources and request reports from service providers.
2.8 Further to clause 2.7 above, Bushman Tours does not endorse any Member, Listing or Bushman Services. Any references on the Bushman Tours Platform to a Member or Bushman being "verified" (or similar language) only indicate that the Member or Bushman has completed a verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Bushman Tours about any Member or Bushman, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to procure Bushman Services, accept a booking request from a Member, or communicate and interact with other Members, whether online or in person.
2.9 If we choose to conduct identity verification or background checks on any Member or Bushman, to the extent permitted by law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
3. Service Fees
3.1 Bushman Tours may charge fees to Bushmans ("Bushman Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Bushman Tours Platform or fees from specific payment gateways Bushman Tours decide to use.
3.2 Any applicable Service Fees (including any applicable Taxes (as defined below) will be displayed to a Bushman or Visitor prior to publishing or booking a Listing. Bushman Tours reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
4.1 Bushman Tours can use a related entity or a third party service provider to provide payment services acting as a payment facilitator on behalf of the Bushmans and Visitors ("Payment Provider").
4.2 By buying or selling Bushman Services using the Bushman Tours Platform, you agree to be bound by the Payment Provider's policy which is located at https://stripe.com/nz/privacy and https://www.paypal.com/en/webapps/mpp/ua/privacy-full and hereby consent and authorise Bushman Tours and the Payment Provider to share any information and payment instructions you provide with another, and to the extent required to complete your transaction, with any other third party service provider. By registering and creating an account with Bushman Tours, you agree to be bound by the Payment Provider's terms and conditions which are located at https://stripe.com/nz/legal and https://www.paypal.com/ga/webapps/mpp/ua/useragreement-full
4.3 In accordance with these Terms, Bushman Tours will collect the Total Fees (as defined below) at the time of the booking request made by a Visitor.
4.4 The Total sum from your booked Service will be deducted accordingly from the service provider (chosen by the visitor at checkout) and deducted automatically and immediately at the total upon accepting our terms and conditions.
4.5 You are responsible for paying any Service Fees that you owe to Bushman Tours upon checkout of booking a Service. The applicable Service Fees (including any applicable Taxes) are collected by the Payment Provider and any Bushman Fees will be deducted from the Listing Fee before payment to the Bushman. Any Guest Fees are included in the Total Fees collected by the Payment Provider.
5. Cancellations and Refunds
5.1 Guests can cancel a confirmed booking at any time pursuant to these Terms and we will refund an amount of the Total Fees due to the Guest in accordance with these Terms.
5.2 Guests can cancel a confirmed booking before 120 hours (5 days) before the booking for a full refund. Guest can cancel a confirmed booking between 72 and 24 hours of the commencement time of the confirmed booking, and the Guest will be refunded 75% of the Total Fees. Any cancellations made within 24 hours of the commencement time of the confirmed booking will result in the guest forfeiting the Total Fees and no funds will be refunded to the Guest.
5.3 If a Bushman cancels a confirmed booking, the Guest will receive a full refund of the Total Fees. Bushman Tours may impose a cancellation fee payable by the Bushman, or, termination of contract unless the Bushman has a valid reason for cancelling the booking or has legitimate concerns about the Guest's behaviour.
5.4 If weather poses a safety risk to Guests, or if it prevents a Bushman from carrying out the Bushman Services, Bushmans may cancel the Bushman Services. Bushmans may also cancel the Bushman Services if other conditions exist that would prevent the Bushman from offering the Bushman Service safely.
5.5 In certain circumstances, Bushman Tours may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be (for example only) where Bushman Tours believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to the Bushman, other Members, third parties or property.
6. Terms specific for Bushmans (Bushman)
6.1 If you choose to use the Bushman Tours Platform as a Bushman your relationship with Bushman Tours is limited to being an independent, third-party contractor, and not an employee, agent, or partner of Bushman for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Bushman Tours. Bushman Tours does not, and will not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Bushman Services. You acknowledge and agree that you have complete discretion whether to list Bushman Services or otherwise engage in other business or employment activities.
6.2 You must not, in any circumstances, subcontract the Bushman Services to be provided under these Terms to any other person.
6.3 Bushmans alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Bushman Services including any regulatory requirements to register, get a permit or obtain a license before providing certain Bushman Services (such as preparing food, guiding tours or operating a vehicle) outside of what Bushman Tours has agreed to cover on your behalf. Bushmans are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Bushman Services they offer as requested in the Contractual Agreement. Penalties may include fines or other enforcement. You represent and warrant that any Listing posted by Bushman Tours on your behalf and the booking of a Bushman Service will comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Bushman, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who participate in Bushman Services.
6.4 When creating a Listing through the Bushman Tours Platform you must (i) provide complete and accurate information about your Bushman Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements) and (iii) provide any other pertinent information requested by Bushman Tours.
6.5 Bushman Tours will agree and set a price for the Listing represented on your Bushman Profile. Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request or accept extra payment whether in cash or other during the running of your Services.
6.6 Taxes: As a Bushman you are solely responsible for determining your obligations to report, collect, remit or disclose any applicable GST or other indirect taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes") unique to you as a contractor to Bushman Tours and required by law.
6.7 Any Member Content used in your Listings must accurately reflect the quality and condition of your Bushman Services and you agree that this is vetted by Bushman Tours.
6.8 When you accept a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Bushman Services to the Guest as described in your Listing when the booking request is made. You also agree to pay any applicable Fees and any applicable Taxes. These Terms form your agreement with the Guest (to the extent that they apply). You agree not to enter into any contractual arrangement with the Guest other than as referred to in these Terms. If and to the extent you breach this provision, without limiting Bushman Tour's rights, you agree and acknowledge that (a) Bushman Tours will suffer loss and damage, (b) Bushman Tours is entitled to seek to recover damages from you for, or otherwise withhold from any amounts owing to you, an amount equal to 25% of the funds received by you in respect of the external arrangement made by you in breach of these Terms as described in this provision, and (c) such amount that is Bushman Tour's genuine pre-estimate of the loss and damage it would suffer in those circumstances.
6.9 Bushman Tours recommends that Bushmans obtain appropriate insurance for their Bushman Services. You are solely responsible for obtaining insurance cover to a level that you consider appropriate.
6.10 You must fully educate and inform Guests about any risks inherent to the participation in the Bushman Services and anything else that Visitors may need to know to safely participate (including but not limited to dress, equipment, food and drink requirements) upon the arrival at your designated meet up location.
6.11 By making your accepting your Bushman Profile and Listing, and providing your Bushman Services through the functionality of the Bushman Tours Platform, you agree that only people that book through the Bushman Tours Platform can participate in the Bushman Services. You further agree that you will not allow people to participate in the Bushman Services that have not booked that service through the Bushman Platform or were added as an additional Guest through the Bushman Platform.
6.12 You are responsible for acquiring all equipment necessary for conducting your Services and as noted in your contract agreement with Bushman Tours; including supplies, gear, venues and other materials ("Equipment") necessary to conduct your Bushman Services. You are solely responsible for ensuring that the Equipment used in your Bushman Services is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
7. Terms specific for Visitors
7.1 Subject to meeting any requirements set by Bushman Tours and/or the Bushman, you can book a Listing available on the Bushman Platform by following the respective booking process. All applicable fees, including the Listing Fee, Booking Fee and any applicable Taxes (collectively, "Total Fees") will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Bushman Profile.
7.2 Upon receipt of a booking confirmation from Bushman Tours, a legally binding agreement is formed between you and your Bushman. These Terms form your agreement with the Bushman (to the extent that they apply). You agree not to enter into any contractual arrangement with the Bushman other than as referred to in these Terms.
7.3 If you book a Bushman Service on behalf of additional visitors, you are required to ensure that every additional visitor meets any requirements set by the Bushman and is made aware of and agrees to these Terms. If you are booking for an additional visitor who is a minor, you represent and warrant that you are legally authorised to act on behalf of the minor. Minors may only participate in a Bushman Service if accompanied by an adult who is responsible for them.
7.4 You should carefully review the description of any Bushman Services you intend to book to ensure you (and any additional visitor you are booking for) meet any minimum age, proficiency, fitness or other requirements which Bushman Tours has specified in the Listing. At your sole discretion you may want to inform the Bushman or Bushman Tours of any medical or physical conditions, or other circumstances that may impact you and any additional guest's ability to participate in any Bushman Services. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in any Bushman Services.
7.5 Before and during your participation in any Bushman Services you must at all times adhere to the Bushmans' instructions.
7.6 You may not bring any additional individuals to a Tour unless such an individual was added by you as an additional vistor during the booking process on the Bushman Platform.
8. Damage to Equipment, Disputes between Members
8.1 As a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Bushman Services, excluding the Bushman (and the individuals the Bushman invites to the Bushman Service, if applicable).
8.2 If a Bushman claims and provides evidence that you as a Visitor have damaged any personal or other property of the Bushman ("Damage Claim"), the Bushman can seek payment from you. If you agree to pay the Bushman, Bushman may collect any such sums from you required to cover the Damage Claim.
8.3 Where Bushman Tours in its sole discretion agrees to assist with the resolution of a Damage Claim, and without any obligation on Bushman Tours to do so, Members and or Visitors agree to cooperate with and assist Bushman Tours in good faith, and to provide Bushman Tours with such information and take such actions as may be reasonably requested by Bushman Tours, in connection with any Damage Claims. A Member shall, upon Bushman Tours' reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Bushman Tours or a third party selected by Bushman Tours or its insurer, with respect to losses for which a Member is requesting payment from Bushman Tours.
8.4 Despite other provisions of these Terms, Bushman Tours encourages you to try and resolve disputes with other Members directly. Accordingly, you acknowledge and agree that Bushman Tours may, in its absolute discretion, provide your information as it decides is suitable to other parties involved in any dispute. If applicable, Bushman Tours has the right to hold any part or all of the total fees that is the subject of a dispute until the dispute has been resolved. Despite this you specifically acknowledge that Bushman Tours has no obligation to any Member to assist or involve itself in any way in any dispute between Members.
8.5 While we may help facilitate the resolution of disputes, Bushman Tours has no control over and does not guarantee:
8.5.1 the existence, quality, safety, suitability, or legality of any Listings or Bushman Services;
8.5.2 the truth or accuracy of any Listing descriptions, Reviews, or other Member Content (as defined below); or
8.5.3 the performance or conduct of any Member or third party.
9. Content and Intellectual Property
9.1 Bushman Tours may, at its sole discretion, enable Members to:
9.1.1 Create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Bushman Tours Platform ("Member Content"); and
9.1.2 Access and view Member Content; and
9.1.3 Access and view any content that Bushman Tours itself owns or otherwise makes available on or through the Bushman Tours Platform ("Bushman Tours Content").
9.2 The Bushman Tours Platform, Bushman Tours Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of New Zealand. You acknowledge and agree that the Bushman Tours Platform and Bushman Tours Content, including all associated intellectual property rights, are the exclusive property of Bushman Tours and/or its licensors or authorising third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Bushman Tours Platform, Bushman Tours Content or Member Content.
9.3 You will not infringe or otherwise exploit the Bushman Tours Platform or Bushman Tours Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Bushman Tours or its licensors, except for the licenses and rights expressly granted in these Terms.
9.4 Subject to your compliance with these Terms, Bushman Tours grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Bushman Tours Content made available on or through the Bushman Tours Platform and accessible to you, solely for your personal and non-commercial use.
9.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Bushman Tours Platform, you grant to Bushman Tours a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Bushman Tours Platform, in any media or platform. Unless you provide specific consent, Bushman Tours does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
9.6 You are solely responsible for all Member Content that you make available on or through the Bushman Tours Platform. Accordingly, you represent and warrant that:
9.6.1 You either are the sole and exclusive owner of all Member Content that you make available on or through the Bushman Tours Platform or you have all rights, licenses, consents and releases that are necessary to grant to Bushman Tours the rights in and to such Member Content, as contemplated under these Terms; and
9.6.2 Neither the Member Content nor your use of the Member Content or Bushman Tours' use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
9.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; or (v) promotes illegal or harmful activities or substances. Bushman Tours may, without prior notice, remove or disable access to any Member Content that Bushman Tours finds to be in violation of applicable law, these Terms or otherwise may be harmful or objectionable to Bushman, its Members, third parties, or property.
10.1 Within a certain timeframe after completing a booking, Guests and Bushmen can provide Bushman Tours with a written review ("Review") about each other. Reviews reflect the opinions of individual Members and do not reflect the opinion of Bushman Tours. Reviews are not verified by Bushman Tours for accuracy and may be incorrect or misleading.
10.2 Where the Bushman Tours Platform provides functionality for the Members to leave other Members a Review at the completion of a Bushman's Services, Members will submit their review to Bushman Tours who will have absolute discretion whether to publish the Review to the Bushman Tours Platform. Where Bushman Tours chooses to publish a review to the Bushman Tours Platform, such review will only be published in accordance with these Terms.
11. Prohibited Activities
11.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Bushman Tours Platform. In connection with your use of the Bushman Tours Platform, you will not and will not assist or enable others to:
11.1.1 breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
11.1.2 use the Bushman Tours Platform, Bushman Tours Content or Member Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Bushman Tours endorsement, partnership or otherwise misleads others as to your affiliation with Bushman Tours;
11.1.3 copy, store or otherwise access or use any information, including personally identifiable information about any other Member or Bushman, contained on the Bushman Tours Platform in any way that is inconsistent with the Privacy Act 1993 or these Terms or that otherwise violates the privacy rights of Members or third parties;
11.1.4 use the Bushman Tours Platform in connection with the distribution of unsolicited commercial messages ("spam");
11.1.5 unless Bushman Tours explicitly permits otherwise, book any Listing if you will not actually be using or providing the Bushman Tours Services yourself;
11.1.6 contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of the Bushman Tours Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
11.1.7 discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
11.1.8 use, display, mirror or frame the Bushman Tours Platform, or any individual element within the Bushman Tours Platform, Bushman Tours' name, any Bushman Tours trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Bushman Tours Platform, without Bushman Tours' express written consent;
11.1.9 dilute, tarnish or otherwise harm the Bushman Tours brand in any way;
11.1.10 use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Bushman Tours Platform for any purpose;
11.1.11 avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Bushman Tours or any of Bushman Tours' providers or any other third party to protect the Bushman Tours Platform;
11.1.12 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Bushman Tours Platform;
11.1.13 take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Bushman Tours Platform;
11.1.14 violate or infringe anyone else's rights or otherwise cause harm to anyone.
11.2 You acknowledge that Bushman Tours has no obligation to review, disable access to, or edit any Member or Bushman Content, but has the right to do so to (i) operate, secure and improve the Bushman Tours Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members' compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member or Bushman Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Bushman Tours in good faith, and to provide Bushman Tours with such information and take such actions as may be reasonably requested by Bushman Tours with respect to any investigation undertaken by Bushman Tours or a representative of Bushman Tours regarding the use or abuse of the Bushman Tours Platform.
11.3 If you feel that any Member or Bushman you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Bushman Tours by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
12. Term and Termination, Suspension and other Measures
12.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you [OL9] or Bushman Tours terminate the Agreement in accordance with this provision.
12.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Bushman Profile as a Bushman, any confirmed booking(s) will be automatically cancelled and your Visitors will receive a full refund. If you cancel your Bushman Profile as a Visitor or Member, any confirmed booking(s) will be automatically cancelled and any refund will be subject to these Terms.
12.3 Bushman Tours may immediately, without notice and in its sole discretion, terminate this Agreement and/or stop providing access to the Bushman Tours Platform.
12.4 If we take any of the measures described above (i) we may refund your Visitors in full for any and all confirmed bookings that have been cancelled, irrespective of pre-existing cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
12.5 When this Agreement has been terminated due to misconducted of these Terms or your contractual agreement with Bushman Tours, you are not entitled to a restoration of your Bushman Profile. If your access to or use of the Bushman Tours Platform has been limited or your Bushman Profile has been suspended or this Agreement has been terminated by us, you may not register a new application without contacting Bushman Tours first or access any Bushman Profile.
12.6 Sections 9 and 13 to 16 of these Terms will survive any termination or expiration of this Agreement.
13.1 If you choose to use the Bushman Tours Platform and all (or any part of) its associated functionality, you do so voluntarily and at your sole risk. The Bushman Tours Platform is provided "as is", without warranty of any kind, either express or implied.
13.2 You agree that you have had whatever opportunity you deem necessary to investigate the Bushman Tours Services, laws, rules, or regulations that may be applicable to your Listings and/or Bushman Services you are receiving and that you are not relying upon any statement of law or fact made by Bushman Tours relating to a Listing.
13.3 You agree that certain Bushman Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Bushman Services may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those Bushman Services. You assume full responsibility for the choices you make before, during and after your participation in a Bushman Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your participation in Bushman Services and to the maximum extent permitted by law, you agree to release and hold harmless Bushman Tours and the Bushman from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor in any way related to your Bushman Service. Particularly (without limitation), you acknowledge and agree that:
13.3.1 you have had sufficient opportunity to consider the risks involved in participating in Bushman Service as may be more particularly described in the Listing;
13.3.2 you voluntarily assume all risks, whether known or unknown, of participating in Guest Services.
13.4 The disclaimers at clauses 13.1, 13.2 and 13.3 above apply to the maximum extent permitted by law.
14.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Bushman Tours Platform, your publishing or booking of any Listing via the Bushman Tours Platform, participation in any Bushman Service, or any other interaction you have with other Members whether in person or online remains with you.
14.2 You acknowledge and agree that neither Bushman Tours nor any other party involved in creating, producing, or delivering the Bushman Tours Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) your use of the Bushman Tours Platform, (iii) any Member communications, or (iv) the provision or use of Bushman Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Bushman Tours has been informed of the possibility of such damage, even if a limited remedy provided for in these Terms is found to have failed of its essential purpose.
14.3 Except for our obligations to pay amounts to applicable Bushman's pursuant to these Terms, in no event will Bushman Tours' aggregate liability arising out of or in connection with these Terms and your use of the Bushman Tours Platform exceed the amounts you have paid or owe for bookings via the Bushman Platform as a Vistior in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Bushman, the amounts paid by Bushman Tours to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred NZ dollars (NZD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Bushman and you.
To the maximum extent permitted by law, you agree to indemnify Bushman Tours and its officers, directors, employees and agents, against any loss, damage or costs arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Bushman Tours Platform or any Bushman Tours Services, (iii) your interaction with any Member or other Bushman Service including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.
16. General Provisions
16.1 Except as they may be supplemented by additional terms and conditions, policies, Bushman Tours lines or standards, these Terms constitute the entire Agreement between Bushman Tours and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Bushman Tours and you in relation to the access to and use of the Bushman Tours Platform.
16.2 No joint venture, partnership, employment, or agency relationship exists between you and Bushman Tours as a result of these Terms, this Agreement or your use of the Bushman Tours Platform.
16.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
16.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
16.5 Bushman Tours' failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
16.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Bushman Tours' prior written consent. Bushman Tours may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
16.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Bushman Tours via email, Bushman Tours Platform notification, or messaging service.
16.8 Bushman Tours reserves the right to modify these Terms and the Agreement at any time in accordance with this provision. If we make changes to these Terms, we will provide you or our Members with a notification either via email or as a notification on the Bushman Tours Platform. Your continued access to or use of the Bushman Tours Platform will constitute acceptance of the revised Terms.
16.9 These Terms and the Agreement will be governed by New Zealand law and any disputes will be subject to the exclusive jurisdiction of the Courts of New Zealand.