THE ROLLING COLLECTIVE LIMITED

TERMS OF USE FOR VENDORS

1. AGREEMENT

1.1 By creating a Vendor Account through The Rolling Collective Limited (RC) web portal (the Website), and using the Website, you (the Vendor) will be deemed to have read, understood and agreed to these Terms and Conditions (Terms).

2. DEFINITIONS:

Booking means a booking for Services made by a Customer through the Website, and which has been accepted by the Vendor.

Booking Form means the form to be completed by a Customer through the Website to request the booking of Services.

Business Day means a day other than a Saturday, Sunday or public holiday in New Zealand.

Business Hours are the period from 9.00 am to 5.00 pm on any Business Day.

Customer means a party, individual, business, company group or other entity, whether incorporated or not who accesses, uses or creates an account through the Website.

Commission Fee means the fee payable to RC for facilitating the Booking, calculated as a percentage ranging from 10-15% of the Rental Price, depending on the nature, category, or value of the Services, and is deducted by RC from the total amount paid by the Customer before payment is released to the Vendor.

Deposit means a percentage of the Rental Price payable when the Customer submits the Booking Form, except in the event of a Full Payment Booking.

Event means the period of time during where Services are booked and are to be provided to the Customer, including any agreed set‑up and pack‑down time, as specified in the Booking Form, or as agreed in writing between the Customer and Vendor.

Full Fee means the combination of the Deposit, Rental Price, Commission Fee, Service Fee and all relevant taxes, including GST.

Full Refund means the refund of the Full Fee but excludes the Service Fee and other administrative fees required by RC in their sole discretion.

Full Payment Booking means a Booking where the Full Fee is paid by the Customer to RC at the time the Booking Form has been submitted.

Rental Price means the amount payable to the Vendor for the Booking.

Service Fee means the fee charged by RC for facilitating a booking through the Website, which may include payment processing costs and administrative charges.

Services means any services advertised or offered by a Vendor through the Website , including (without limitation) the hire, operation, or use of Vehicles, and any related goods, staffing, catering, entertainment, or other event services.

Listing Services means services provided by RC to the Vendor using the RC Website.

Registration Form means the form which the Vendor must complete, and which must be accepted in writing by RC (in its sole discretion), for the Vendor to advertise Services through the Website.

Vehicle means any motorised or non‑motorised vehicle or mobile unit listed on the Website by a Vendor, including (without limitation) food trucks, trailers, vans, caravans, mobile service units, classic or luxury cars, and any other mobile equipment used to deliver Services or participate in Events.

3. NATURE OF THE WEBSITE

3.1 The Website is an online platform that facilitates connections between Customers and Vendors.

The Vendor acknowledges and accepts that:

RC is a booking platform only, and these Terms govern the Vendors listing of Services on the Website;
RC acts solely as an intermediary between Customers and Vendors;
RC is not a party to any Booking or contract for Services entered into between a Customer and a Vendor;
All Services are supplied by Vendors, who act as independent contractors and not as employees, agents or partners of RC; and
RC does not endorse, guarantee or assume responsibility for any Customer, Vendor, or Services.

4. ELIGIBILITY AND ACCOUNTS

4.1 Where the Vendor is an individual, they must be at least 18 years of age to submit a Booking Form and use the Website.

4.2 Where the Vendor is not an individual, the Vendor must be represented by a duly authorised representative.

4.3 The Vendor must create an account and warrants to provide accurate, complete and current information.

4.4 The Vendor is responsible for maintaining the confidentiality of their own account credentials and all activities conducted through their account.

5. COMMENCEMENT AND TERM

5.1 If the Vendor wishes to use the Listing Services, the Vendor must complete the Registration Form and submit it through the Website along with a minimum of three (3) high definition photos of the Services which the Vendor wishes to advertise through the Website, and provide the Vendors terms and conditions which must be accepted by a Customer as a requirement of a Booking Form being submitted.

5.2 Once RC receives the fully completed Registration Form and the photos of the relevant Services, RC will review the Registration Form and the photos and notify the Vendor of whether RC can accept the Registration Form and the photos, such acceptance to be granted at the sole discretion of RC.

5.3 Where the Vendor warrants that it will provide all information reasonably required by RC, and that failure or delay in providing requested information may result in the Vendor’s Registration Form being declined.

5.4 These Terms shall be valid from the time that RC has received the Vendor’s completed Registration Form and shall, subject to clause 5.5, continue until all the Vendors Services have been removed from the Website.

5.5 In the event that the Vendor wishes to terminate their account on the Website, these Terms will remain in effect until all Bookings have been honoured in full by the Vendor. Any Booking Forms outstanding at the date of the termination will be the sole responsibility of the Vendor and any refunds or re-arrangements to be made shall be managed by the Vendor and at their own cost. The Vendor shall indemnify RC on demand against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by RC, to the maximum extent permitted by law, arising out of or in connection with this clause.

6.SUPPLY OF LISTING SERVICES

6.1 RC shall provide the Listing Services to the Vendor in accordance with the Terms.

6.2 RC shall have the right to make any changes to the Listing Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Listing Services, and RC shall notify the Vendor in writing of any such change.

7. OBLIGATIONS OF RC

7.1 RC shall make the Website available for Bookings, but RC cannot, due to the nature of internet services, guarantee that the Website is available at all times.

7.2 In the event the Website is unavailable, RC shall attempt to solve any issues with the Website as soon as practically possible.

7.3 RC’s booking process will ask the Customer for information which is intended to provide the Vendor with basic information about the Customer and its Event requirements, but RC accepts no liability for any information provided or omitted by the Customer. It is the Vendor’s own responsibility to ensure that the Vendor has all the information needed to provide the Services to the Customer, that the Vendor has uploaded such restrictions about the relevant Services which the Vendor deems necessary and that the Vendor has communicated such restrictions to the Customer before the Customer uses the relevant Services.  

7.4 The Vendor acknowledges that RC has no influence on the number of Bookings made and cannot guarantee any level of revenue or any particular type of Customer.

7.5 RC shall communicate with the Vendor via SMS and/or email in relation to all confirmed Bookings.

8. OBLIGATIONS OF THE VENDOR

8.1 The Vendor may make available one or more Service(s) for Customers to book on the Website as set out in the Registration Form. The Vendor warrants that the Services comply with all relevant laws and regulations of the country in which they are being used.

8.2 The Vendor shall be responsible for uploading information regarding the Services to the Website. RC reserves the right to require the Vendor to amend the Services listing information or photos. RC must provide its express prior written consent to any photos being uploaded to the Website.

8.2.1 The Vendor warrants that all information which the Vendor has provided to RC and/or the Customer through the Website in relation to the Services shall be complete and correct, and that any photos supplied provide an accurate representation of the Services.

8.3 The Vendor warrants that all Services offered through the Website (including, without limitation, food trucks, beverage services, and other mobile service offerings) comply with all applicable laws, regulations, and industry standards in which the Services are to be provided, including (but not limited to):

all required licences, permits, and approvals (including food safety registrations and alcohol licences) are current, valid, and maintained for the duration of the Event;
all equipment and facilities used in the provision of the Services are safe, fit for purpose, and properly maintained;
all drivers and personnel involved with the Services (Vendor Staff) shall hold a valid driver's license and comply with all laws, rules and regulations of the laws of the country where the Service is to be used and that drivers are free from the influence of any drugs or medication;
all Vendor Staff engaged in delivering the Services hold any required qualifications, certifications, or training; and
the Services will be provided in accordance with all applicable health, safety, and hygiene requirements, and (where alcohol is supplied) in full compliance with all laws relating to the sale and service of alcohol, including the prohibition on the sale or supply of alcohol to minors and intoxicated persons.

8.4 The Vendor further acknowledges that it is solely responsible for obtaining, maintaining, and complying with all such licences, permits, and regulatory obligations, and that RC does not verify, monitor, or assume any responsibility for the Vendor’s compliance with these requirements.

8.5 If the Services booked become unavailable for the Customer, the Vendor shall at the Vendor’s own cost use their reasonable endeavours to provide replacement Services (where possible) of same or higher standard at no extra cost to the Customer or to RC. Where this is not possible, RC will provide a Full Refund or if any funds released to the Vendor, those funds shall be immediately returned to RC so that it may arrange for a refund in accordance with its Customer Terms, and the Vendor shall indemnify RC on demand against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by RC arising out of or in connection with this clause.

8.6 Where the Services involve a Vehicle, the Vendor warrants that it hold insurance in respect of that Vehicle. In the event that a booked Vehicle breaks down during the Event, the Vendor agrees that the Vendor will provide reasonable compensation to the Customer and agrees that this remains entirely an issue between the Vendor and Customer and that RC does not accept any responsibility or liability.  

8.7 The Vendor shall ensure that all information provided to RC remains up to date and accurate at all times.

8.8 The Vendor is solely responsible for the employees and/or contractors it engages for the provision of the Services. RC accepts no liability for the illegibility, ability, legality or anything else relating to the employees and/or contractors of the Vendor.

8.9 The Vendor agrees to ensure that all enquiries from potential Customers are answered within 48 hours.

9 BOOKING PROCESS

9.1 To book a Service, the Customer must complete and submit a Booking Form. All Booking Forms submitted through the Website constitute a request only. A Booking Form is not confirmed until it is accepted by the Vendor.

9.2 The Vendor must accept or decline the booking via the Website (or by email) within 48 hours of the Booking Form being submitted, otherwise the booking will be automatically declined.

10. PRICE & PAYMENT

10.1 The Vendor will advise RC of, and keep them apprised as to any variations to, the Rental Price and Deposit payable in respect of the Services.

10.2 The Commission Fees and Service Fees are to be determined at RC’s sole discretion and these Fees are non-negotiable.

10.3 All payments by the Customer in relation to a Booking must be made through the Website and will be held by RC until completion of the Event, subject to any dispute under these Terms.

10.4 Following completion of the Event, and upon no dispute being notified to RC within two (2) Business Days of completion of the Event, RC will release Full Fee to the Vendor, less the Commission Fee, Service Fee, GST and any other applicable charges owed to RC. Payment will be made by RC to the Vendor using the bank details provided by the Vendor on the Registration Form. The Vendor assumes full responsibility for confirming and verifying bank details and RC will not be held liable for any losses incurred from the provision of incorrect information by the Vendor.

10.5 To the maximum extent permitted by law, RC:

is not responsible for errors in pricing, descriptions, or availability provided by Vendors; and
reserves the right to correct any obvious errors or inaccuracies in listings or pricing.

11. CANCELLATION & AMENDMENTS TO BOOKINGS

11.1 If the Customer cancels the Booking more than seven (7) Business Days before the Event, the Customer will be entitled to a Full Refund within five (5) Business Days from the date of cancellation.

11.2 If the Customer cancels the Booking within seven (7) Business Days or less of the Event, all amounts paid to RC by the Customer shall be non-refundable and $x will be paid to the Vendor.

11.3 If the Customer wishes to cancel a Booking, they must notify RC of their decision by providing a clear written notice by email to RC or through the Website in accordance with these Terms.

11.4 RC will contact the Vendor to inform them of cancellation within 48 hours of its receipt of the notice of cancellation by the Customer.

11.5 A Booking cannot be cancelled once the Event has commenced. All Commission Fees and Service Fees are non‑refundable, except where required by law.

11.6 Any claims in relation to the cancellation or amendment of a booking should be directed to the Vendor directly. RC acts only as a booking site and takes no responsibility for the reliability of the Vendor.

11.7 If the Customer wishes to amend the Booking in any way, the Vendor shall be entitled to decline such request and if the Vendor accepts the amendment, a new Full Fee will be calculated and must be paid by the Customer in accordance with the Terms.

11.8 If the Vendor wishes to cancel a Booking for any reason, it will not be entitled to payment of any amount received by RC.

11.9 If a Vendor cancels three (3) Bookings for any reason, RC may immediately remove the Vendor from the Website, suspend the Vendor's account, and terminate the Vendor's access to the Website without prior notice.

12. EVENT ARRANGEMENTS AND SERVICE DELIVERY

12.1 All details relating to the provision of the Services, including (without limitation) delivery, set‑up, timing, location, access requirements, staffing, equipment, and any specific event requirements, must be agreed directly between the Customer and the Vendor.

12.2 RC does not:

arrange or manage delivery, removal, or operation of the Services;
supervise or control how Vendors perform their Services; or
guarantee that any agreed arrangements between the Customer and Vendor will be fulfilled.

12.3To the maximum extent permitted by law, RC is not liable for any loss, delay, or issue arising from arrangements made (or not made) between the Customer and the Vendor or the manner in which the Vendor delivers the Services.

13 DISPUTES

13.1 Any disputes arising between the Customer and Vendor must be notified to RC as soon as practicable. If a dispute arises during an Event, RC must be notified within 48 hours of the Event otherwise funds may be released to the Vendor in accordance with these Terms.

13.2 Notwithstanding that RC must be notified of the event of a dispute, if a dispute arises between a Customer and a Vendor in connection with a Booking or the provision of Services, the Vendor agrees to first attempt to resolve the dispute directly with the Customer in good faith.

13.3 RC may, at its sole discretion, assist in resolving disputes between Customers and Vendors. In doing so, RC may:

request information or evidence from the parties;
facilitate communication between the parties; and/or
retain or withhold payment funds pending resolution of the dispute.

13.4 Where RC has collected payment from a Customer, RC may, acting reasonably, determine whether all or part of the amount paid should be released to the Vendor or refunded to the Customer, having regard to the information available to it.

13.5 The Vendor acknowledges and agrees that:

RC’s role in resolving disputes is limited to an administrative and facilitative function only;
RC is not a party to the dispute between the Customer and the Vendor; and
RC does not guarantee any particular outcome in relation to a dispute.

13.6 To the maximum extent permitted by law, RC is not liable for any costs, loss or damage arising out of or in connection with:

any dispute between a Customer and a Vendor; or
any action or decision taken by RC in connection with dispute resolution.

14. INDEMNITY

14.1 The Vendor agrees to indemnify RC against all claims, losses, liabilities, costs (including full costs between solicitor and client), damages, expenses and demands incurred by RC or any third party arising out of or incidental to:

the Vendor’s breach of these Terms;
the Vendor’s use of the Website; or
the interactions or agreements with any Vendor and Customer,

to the extent applicable by law, except where such liabilities, costs, claims and demands are the direct result of the gross negligence of RC.

14.2 The information made available on the Website, including Vendor profiles, descriptions, images, pricing, and availability, may be provided by Vendors and may contain inaccuracies, omissions, or typographical errors. To the maximum extent permitted by law, RC does not warrant or represent that such information is accurate, complete, or current.

14.3 RC does not endorse, recommend, or guarantee any Vendor or Service, and the inclusion of any Vendor or service on the Website does not constitute a recommendation or approval by RC.

14.4 To the maximum extent permitted by law, the Website, all information and Services made available through it are provided on an “as is” and “as available” basis, and RC makes no representations or warranties (whether express or implied) in relation to:

the accuracy, reliability, or suitability of the Website content;
the quality, safety, legality, or fitness for purpose of any Vehicle or Service; or
the ability of any Vendor to perform the Services as agreed.

15. LIMITATION OF LIABILITY:

15.1 To the maximum extent permitted by law, RC is not liable for any indirect, consequential, or special loss, including loss of profit, revenue or business opportunity.

15.2 To the extent that liability cannot be excluded, RC’s total liability is limited to the amount paid by the Customer for their relevant Booking or Booking Form.

15.3 Vendors acknowledge and agree that they are independent contractors and are not employees, partners, or agents of RC. To the maximum extent permitted by law, RC is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any Vendor, or for any loss, damage, injury (including personal injury), illness, death, or expense arising from or in connection with any Service, including (without limitation) any failure to comply with applicable laws, regulations, or safety standards (including food safety requirements, where applicable).

15.4 RC has no responsibility or liability for events outside its reasonable control, including (without limitation) delays, cancellations, unavailability, or disruption caused by Vendors, third parties, or events such as strikes, natural events, or government actions.

15.5 Nothing in these Terms limits, excludes, or modifies any rights or remedies the Vendor may have under the Consumer Guarantees Act 1993 (where applicable) or the Fair-Trading Act 1986, where those laws apply. Where a transaction is entered into by a Customer in trade and for business purposes, the Vendor acknowledges and agree that they are contracting out of the Consumer Guarantees Act 1993 and, to the extent permitted by law, sections 9, 12A and 13 of the Fair Trading Act 1986.

16. INTELLECTUAL PROPERTY & PRIVACY

16.1 All intellectual property rights in the Website, including its design, layout, functionality, and content (excluding Vendor content), are owned by or licensed to RC. Vendors retain ownership of any content they upload to the Website, including images, descriptions, and branding. By uploading content, Vendors grant RC a non‑exclusive, royalty‑free licence to use, display, and reproduce that content for the purpose of operating and promoting the Website.

16.2 The Vendor warrants that it has obtained all necessary rights, consents, permissions and authorisations required in relation to any content uploaded to the Website, including any consents required from individuals appearing in photographs or videos. The Vendor is solely responsible for ensuring its own compliance with all applicable privacy laws and any other legal requirements.

17. MISCELLANEOUS

17.1 Non-Circumvention: Customers and Vendors must not, directly or indirectly, circumvent RC by arranging, accepting, soliciting, or completing bookings outside the Website where the Customer and Vendor first connected through the Website. This includes exchanging contact details for the purpose of avoiding Booking Fees, offering discounts to book outside the Website, or entering into arrangements intended to avoid payment of fees payable to RC. RC may suspend or terminate a user's account for any breach of this clause.

17.2 Precedence of Terms: In the event of conflict or contradiction between these Terms and the Vendors terms, these Terms will prevail.

17.3 Governing Law: These Terms shall be governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

17.4 Notices: Notices will be sufficiently given if posted or successfully transmitted by email to the intended recipient at their last known email address. The Vendor will notify RC in writing of any changes to the Vendor’s contact details.

17.5 Variation: RC may amend or update these Terms at any time by, providing notice in writing to the Vendor, or publishing the varied terms on the Website. Any updated Terms take effect from the date they are published or notified, unless otherwise stated. The Vendors continued use of the Website after the updated Terms take effect constitutes the Vendor acceptance of those Terms. Any changes to these Terms will not affect bookings that have already been confirmed. The version of the Terms in force at the time of booking will continue to apply to that booking until it is completed.

17.6 Assignment: The Vendor shall not assign or otherwise transfer or encumber its rights or obligations under these Terms except with the prior written consent of RC. RC can at any time assign or otherwise transfer, encumber or subcontract any of its rights and obligations under these Terms to a third party.

17.7 Force majeure: Neither party will be liable for delay or failure in the performance of any of the obligations imposed by these Terms, except an obligation to pay money, provided that such failure is beyond their reasonable control.

17.8 Waiver: A party will not have waived or be deemed to have waived any provision of these Terms unless the waiver is in writing and signed by that party.

17.9 Survivorship: Termination of these Terms for any reason will not affect such rights and obligations of the parties as are intended to survive the termination.

17.10 No relationship: This Agreement does not create any relationship of partnership, employment, agency or joint venture between the parties.

17.11 Severability: Should any part or provision of these Terms be held unenforceable or in conflict with any applicable laws or regulations, the invalid or unenforceable part or provision will be replaced with a provision which accomplishes, to such extent as possible, the original business purpose of the part or provision in a valid and enforceable manner, and the remainder of the Terms will remain binding on the parties.

17.12 Entire Agreement: This Agreement constitutes the sole understanding of the parties and supersedes all prior understandings, written or oral, which will be of no further force or effect.

TERMS OF USE FOR CUSTOMERS

1. AGREEMENT

1.1 By creating a Customer Account through The Rolling Collective Limited (RC) web portal (the Website) and using the Website, you (the Customer) will be deemed to have read, understood and agreed to these Terms and Conditions (Terms).

2. DEFINITIONS:

Booking means a booking for Services made by a Customer through the Website, and which has been accepted by the Vendor.

Booking Form means the form to be completed by a Customer through the Website to request the booking of Services.

Business Day means a day other than a Saturday, Sunday or public holiday in New Zealand.

Business Hours means the period from 9.00 am to 5.00 pm on any Business Day.

Customer means a party, individual, business, company group or other entity, whether incorporated or not, who accesses, uses or creates an account through the Website.

Commission Fee means the fee payable to RC for facilitating the Booking calculated as a percentage ranging from 10-15% of the total Rental Price, depending on the nature, category, or value of the Services, and is deducted by RC from the total amount paid by the Customer before payment is released to the Vendor.

Deposit means a percentage of the Rental Price payable when the Customer submits the Booking Form, except in the event of a Full Payment Booking.

Event means the event for which the Services are booked and are to be provided to the Customer, including any agreed set‑up and pack‑down time, as specified in the Booking Form, or as agreed in writing between the Customer and Vendor.

Full Fee means the combination of the Deposit, Rental Price, Commission Fee, Service Fee and all relevant taxes, including GST.

Full Refund means the refund of the Full Fee but excludes the Service Fee and other administrative fees required by RC in its sole discretion.

Full Payment Booking means a Booking where the Full Fee is paid by the Customer to RC at the time the Booking Form has been submitted.

Rental Price means the amount payable to the Vendor for the Services.

Service Fee means the fee charged by RC for facilitating a Booking through the Website, which may include payment processing costs and administrative charges.

Services means any services advertised or offered by a Vendor through the Website, including (without limitation) the hire, operation, or use of Vehicles, and any related goods, staffing, catering, entertainment, or other event services.

Vendor means the provider of the Services.

3. NATURE OF THE WEBSITE

3.1 The Website is an online platform that facilitates connections between Customers and Vendors.

The Customer acknowledges and accepts that:

RC is a booking platform only, and that these Terms govern the Customers booking of Services through the Website;
RC acts solely as an intermediary between Customers and Vendors;
RC is not a party to any Booking or contract for Services entered into between a Customer and a Vendor;
All Services are supplied by Vendors, who act as independent contractors and not as employees, agents or partners of RC; and
RC does not endorse, guarantee or assume responsibility for any Customer, Vendor, or Service.

4. ELIGIBILITY AND ACCOUNTS

4.1 Where the Customer is an individual, they must be at least 18 years of age to use the Website.

4.2 Where the Customer is not an individual, the Customer must be represented by a duly authorised representative.

4.3 The Customer must create an account and warrants to provide accurate, complete and current information.

4.4 The Customer is responsible for maintaining the confidentiality of their own account credentials and all activities conducted through their account.

5. BOOKING

5.1 To request a Booking, the Customer must complete and submit a Booking Form through the Website .

5.2 All Booking Forms submitted through the Website constitute a request only. A Booking Form is not confirmed until it is accepted by the Vendor and communicated to RC in writing.

5.3 RC will notify the Customer of the Vendors acceptance or rejection of a Booking Form by email or through the Website.

5.4 RC does not guarantee that any Booking Form will be accepted by a Vendor.

5.5 The Customer warrants that all information the Customer provides on the Booking Form is correct, complete and true.

5.6 By submitting a Booking Form, the Customer warrants that it has read, understood, and agrees to be bound by any terms provided by the Vendor in relation to the Services.

6. PRICE AND PAYMENT

6.1 RC facilitates payments between Customers and Vendors via a third‑party payment processor. By submitting a Booking Form, the Customer authorises RC and its payment provider to process the payment method the Customer provides in accordance with these Terms.

6.2 If the Customer submits the Booking Form and the Booking is confirmed by the Vendor more than seven (7) Business Days before the Event, the Customer agrees to pay:

The Deposit at the point in time in which the Booking Form is submitted; and
The balance of the Full Fee no later than seven (7) Business Days prior to the Event.

6.3 If the Booking Form is submitted on or before seven (7) Business Days prior to the Event, the Booking is a Full Payment Booking and the Customer is required to pay the Full Fee when the Booking Form is submitted.

6.4 All payments are collected and held by RC as intermediary on behalf of the Vendor and retained by RC until completion of the Event, subject to any dispute under these Terms.

6.5 Following completion of the Event, and in the absence of a dispute being raised within 48 hours of completion of the Event, RC will release Full Fee to the Vendor, less any applicable Service Fee or charges owed to RC.

6.6 The Customer acknowledges and agrees that:

a Service Fee and/or Commission Fee may be included in the Full Fee; and
payment processing fees (including those charged by third-party payment providers) and taxes, including GST, are payable by the Customer.

6.7 If the Vendor declines the Booking Form within seven (7) Business Days prior to the Event, a Full Refund will be returned to the Customer within five (5) Business Days of notice of rejection being provided by the Vendor.

6.8 The prices and availability of Services are subject to change without notice to the Customer.

6.9 To the maximum extent permitted by law, RC:

is not responsible for errors in pricing, descriptions, or availability provided by Vendors; and
reserves the right to correct any obvious errors or inaccuracies in listings or pricing.

6.10 RC may suspend or cancel a Booking where:

payment is not successfully processed;
payment deadlines are not met; or
fraudulent or unauthorised payment activity is suspected.

6.11 All payments are processed in the currency displayed on the Website. Any currency conversion or additional bank charges are the responsibility of the Customer.

6.12 The Website may utilise or contain links to third‑party services, including third party payment providers. These third‑party services are subject to their own terms of use and privacy policies (Third-Party Terms), for which it is the responsibility of the Customer to review and accept those Third-Party Terms.

6.13 To the maximum extent permitted by law, RC is not responsible or liable for:

the availability, performance, or security of any third‑party services; or 
any loss or damage arising from the Customers use of such services.

The inclusion of, or access to, any third‑party services does not constitute an endorsement, approval, or recommendation by RC.

6.14 The inclusion of, or access to, any third‑party services does not constitute an endorsement, approval, or recommendation by RC.

7. CANCELLATION & AMENDMENTS TO BOOKINGS

7.1 If the Customer cancels the Booking more than seven (7) Business Days prior to the Event, the Customer will be entitled to a Full Refund within five (5) Business Days from the date of cancellation.

7.2 If the Customer cancels the Booking on or before (7) Business Days prior to the Event, all amounts paid shall be non-refundable.

7.3 If the Customer wishes to cancel a Booking, they must notify RC of their decision by providing a clear written notice by email to RC or through the Website in accordance with these Terms.

7.4 A Booking cannot be cancelled once the Event has commenced.

7.5 All RC Service Fees are non‑refundable, except where required by law.

7.6 Any claims in relation to the cancellation or amendment of a Booking should be directed to the Vendor directly. RC acts only as a booking site and takes no responsibility for the reliability of the Vendor.

7.7 In the event that the Customer wishes to amend the Booking in any way, the Vendor shall be entitled to decline such request and if the Vendor accepts the amendment, a new Full Fee will be calculated and must be paid in accordance with the Terms.

8. CUSTOMER RESPONSIBILITIES

8.1 The Customer warrants that:

In the event that a child or another person who must be seated in a particular way will be travelling in a Vehicle, suitable car seats and/or devices must be used and provided by the Customers in accordance with the local laws.
Some of the Vehicles may not be fitted with seatbelts or be suitable for children (or another person who must be seated in a particular way) to travel in and that the Customer should not hire such Vehicle if seat belts or other installations are necessary for travel with the Vehicle.
Under no circumstances are animals allowed to travel in Vehicles booked through RC, unless express prior written permission is given by the Vendor.
The Customer may request to arrange a viewing of their selected Vehicle after payment of the Deposit and/or Full Fee. Any such viewing must be arranged directly with the Vendor. The Customer acknowledges that viewings are subject to Vendor discretion and may not be available in all cases.
The Customer understands that the Vehicle’s hire period commences from the moment the Vehicle is made available to the Customer and ends once it has been returned and the keys must be returned to the Vendor or left in a secure location as instructed by the Vendor. As such allowances should be made for travel time.

9. VEHICLES:

9.1 The Customer acknowledges and agrees that RC:

does not own the Vehicles;
has no prior knowledge of the conditions of the Vehicles;
has not conducted any inspection or examination of the Vehicles; and
does not accept any liability for the RC Vehicles, including their conditions, state or suitability for relevant Booking.

9.2 The Customer acknowledges that the Vehicles may not all be registered or otherwise suitable for lawful use on public roads. In this case, these Vehicles are for static use only and are not to be driven on public roads. The Customer should contact the Vendor directly if they are unsure or require more information regarding these Vehicles.

9.3 Some Vehicles may have speed or other restrictions based on nature or condition of the Vehicle. The Customer warrants that it will adhere to these restrictions at all times.

9.4 The Customer agrees that it is their responsibility to ensure that breakdown cover is available and that in the event of a breakdown the Vendor is informed immediately.

9.5 The Customer understands that many Vehicles will not be insured due to their age and condition.

9.6 The Customer must ensure that anyone driving the Vehicle holds a valid and current Driver License.

10. EVENT ARRANGEMENTS AND SERVICE DELIVERY

10.1 All details relating to the provision of Services, including (without limitation) delivery, set‑up, timing, location, access requirements, staffing, equipment, and any specific event requirements, must be agreed directly between the Customer and the Vendor.

10.2 RC does not:

arrange or manage delivery, set up, or operation of Vendor services;
supervise or control how Vendors perform or provide the Services; or
guarantee that any agreed arrangements between the Customer and Vendor will be fulfilled.

10.3 To the maximum extent permitted by law, RC is not liable for any loss, delay, or issue arising from arrangements made (or not made) between the Customer and the Vendor or the manner in which the Vendor delivers the Services.

11 DISPUTES

11.1 Any disputes arising between the Customer and Vendor must be notified to RC as soon as practicable. If a dispute arises during an Event, RC must be notified within 48 hours of the Event otherwise funds may be released to the Vendor in accordance with these Terms.

11.2 Notwithstanding that RC must be notified of the event of a dispute, if a dispute arises between a Customer and a Vendor in connection with a Booking or the provision of Services, the Customer agrees to first attempt to resolve the dispute directly with the Vendor in good faith.

11.3 RC may, at its sole discretion, assist in resolving disputes between Customers and Vendors. In doing so, RC may:

request information or evidence from the parties;
facilitate communication between the parties; and/or
retain or withhold payment of funds pending resolution of the dispute.

11.4 Where RC has collected payment from a Customer, RC may, acting reasonably, determine whether all or part of the amount paid should be released to the Vendor or refunded to the Customer, having regard to the information available to it.

11.5 The Customer acknowledges and agrees that:

RC’s role in resolving disputes is limited to an administrative and facilitative function only;
RC is not a party to the dispute between the Customer and the Vendor; and
RC does not guarantee any particular outcome in relation to a dispute.

11.6 To the maximum extent permitted by law, RC is not liable for any costs, loss or damage arising out of or in connection with:

any dispute between a Customer and a Vendor; or
any action or decision taken by RC in connection with dispute resolution.

12. INDEMNITY

12.1 The Customer agrees to indemnify RC against all claims, losses, liabilities, costs (including full costs between solicitor and client), damages, expenses and demands incurred by RC or any third party arising out of or incidental to:

the Customer’s breach of these Terms;
the Customer’s use of the Website; or
the Customer’s interactions or agreements with any Vendor,

12.2 The information made available on the Website, including Vendor profiles, descriptions, images, pricing, and availability, may be provided by Vendors and may contain inaccuracies, omissions, or typographical errors. To the maximum extent permitted by law, RC does not warrant or represent that such information is accurate, complete, or current.

12.3 RC does not endorse, recommend, or guarantee any Vendor or Service, and the inclusion of any Vendor or service on the Website does not constitute an endorsement, recommendation or guarantee by RC.

12.4 To the maximum extent permitted by law, the Website and all information and Services made available through it are provided on an “as is” and “as available” basis, and RC makes no representations or warranties (whether express or implied) in relation to:

the accuracy, reliability, or suitability of the Website content;
the quality, safety, legality, or fitness for purpose of any Service or Vehicle; or
the ability of any Vendor to perform the Service(s).

12.5 Nothing in these Terms limits, excludes, or modifies any rights or remedies the Customer may have under the Consumer Guarantees Act 1993 (where applicable) or the Fair-Trading Act 1986, where those laws apply. Where a transaction is entered into by a Customer in trade and for business purposes, the Customer acknowledges and agree that they are contracting out of the Consumer Guarantees Act 1993 and, to the extent permitted by law, sections 9, 12A and 13 of the Fair Trading Act 1986.

13. LIMITATION OF LIABILITY:

13.1 To the maximum extent permitted by law, RC is not liable for any indirect, consequential, or special loss, including loss of profit, revenue or business opportunity.

13.2 To the extent that liability cannot be excluded, RC’s total liability is limited to the amount paid by the Customer for their relevant Booking or Booking Form.

13.3 Vendors are independent contractors and are not employees, partners, or agents of RC. To the maximum extent permitted by law, RC is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any Vendor, or for any loss, damage, injury (including personal injury), illness, death, or expense arising from or in connection with Vendor services, including (without limitation) any failure to comply with applicable laws, regulations, or safety standards (including food safety requirements, where applicable).

13.4 RC has no responsibility or liability for events outside its reasonable control, including (without limitation) delays, cancellations, unavailability, or disruption caused by Vendors, third parties, or events such as strikes, natural events, or government actions.

14 INTELLECTUAL PROPERTY

14.1 All intellectual property rights in the Website, including its design, layout, functionality, and content (excluding Vendor content), are owned by or licensed to RC. Vendors retain ownership of any content they upload to the Website, including images, descriptions, and branding. The Customer must not, except to the extent agreed by RC in writing, as expressly provided for under these Terms or on the receipt of RC’s prior written permission:

copy, reproduce, distribute, or modify any content from the Website (other than as necessary to use the Website in accordance with these Terms);
use any trademarks, logos, or branding belonging to RC or any Vendor;
remove or alter any copyright, trademark, or proprietary notices displayed on the Website;or
use the Website or its content for any commercial purpose not authorised by RC.

15. MISCELLANEOUS

15.1 Non-Circumvention: Customers and Vendors must not, directly or indirectly, circumvent RC by arranging, accepting, soliciting, or completing bookings outside the Website where the Customer and Vendor first connected through the Website. This includes exchanging contact details for the purpose of avoiding Booking Fees, offering discounts to book outside the Website, or entering into arrangements intended to avoid payment of fees payable to RC. RC may suspend or terminate a user's account for any breach of this clause.

15.2 Precedence of Terms: In the event of conflict or contradiction between these Terms and the Vendors terms, these Terms will prevail.

15.3 Governing Law: These Terms shall be governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

15.4 Notices: Notices will be sufficiently given if posted or successfully transmitted by email to the intended recipient at their last known email address. The Customer will notify RC in writing of any changes to the Customer’s contact details.

15.5 Variation: RC may amend or update these Terms at any time by, providing notice in writing to the Customer, or publishing the varied terms on the Website. Any updated Terms take effect from the date they are published or notified, unless otherwise stated. The Customers continued use of the Website constitutes acceptance of those amended Terms. Any changes to these Terms will not affect Bookings that have already been confirmed. The version of the Terms in force at the time of Booking will continue to apply to that Booking until it is completed.

15.6 Assignment: The Customer shall not assign or otherwise transfer or encumber its rights or obligations under these Terms except with the prior written consent of RC. RC can at any time assign or otherwise transfer, encumber or subcontract any of its rights and obligations under these Terms to a third party.

15.7 Force majeure: Neither party will be liable for delay or failure in the performance of any of the obligations imposed by these Terms, except an obligation to pay money, provided that such failure is beyond their reasonable control.

15.8 Waiver: A party will not have waived or be deemed to have waived any provision of these Terms unless the waiver is in writing and signed by that party.

15.9 Survivorship: Termination of these Terms for any reason will not affect such rights and obligations of the parties as are intended to survive the termination.

15.10 No relationship: This Agreement does not create any relationship of partnership, employment, agency or joint venture between the parties.

15.11 Severability: Should any part or provision of these Terms be held unenforceable or in conflict with any applicable laws or regulations, the invalid or unenforceable part or provision will be replaced with a provision which accomplishes, to such extent as possible, the original business purpose of the part or provision in a valid and enforceable manner, and the remainder of the Terms will remain binding on the parties.

15.12 Entire Agreement: This Agreement constitutes the sole understanding of the parties and supersedes all prior understandings, written or oral, which will be of no further force or effect.