Supplier Terms & Conditions

Flossie.com Limited - Terms & Conditions

  1. You acknowledge that by participating in, and promoting your Goods and/or Services through, Flossie.com, you agree to be bound by these Terms & Conditions. Your continued participation in, and promotion of, Goods and/or Services through, Flossie.com constitutes your agreement to these Terms & Conditions.
  2. If at any time you cease to accept these Terms & Conditions you must immediately cease participating in, and promoting your Goods and/or Services through, Flossie.com and must notify Flossie.com in writing, and Flossie.com will within three working days remove your access to the Flossie.com interface, and information in respect of you, your Goods, and/or your Services, will cease to be available through its Channels, and Customers will cease to be able to access such information or acquire your Offers from the date of such removal.
  3. Capitalised terms have the meaning given to them in the definitions section at the end of these Terms & Conditions.

How it works:

  1. You:
    1. authorise Flossie.com to sell any Offer via any Channel in accordance with these Terms & Conditions;
    2. grant Flossie.com a non-exclusive, royalty-free license to use, reproduce, display, distribute, and transmit your Information and Content, and any other information provided in connection with the sale of any Offer via any Channel;
    3. agree that Flossie.com will receive payment from Customers for Offers via the Channels and provide the Customer with a voucher code confirmation which is redeemable for the Goods and/or Services from you; and
    4. agree and acknowledge that when a Customer acquires an Offer Flossie.com will be deemed to have automatically and irrevocably assigned its agreement with that Customer in respect of that Offer to you, you will be deemed to have irrevocably accepted that assignment, and you are solely responsible for delivering the Goods and/or performing the Services comprised in the Offer in accordance with these Terms & Conditions, the terms of the Offer, and any applicable laws and regulations.

Delivering the Goods / Performing the Services

  1. You agree to deliver the Goods and/or perform the Services for a Customer strictly in accordance with the Offer acquired by that Customer, including without limitation to the full face value, at the relevant appointment time, and in accordance with these Terms & Conditions, the relevant terms of the Offer, the terms and conditions applicable to the Customer in respect of the Channel, and any applicable laws and regulations.
  2. You agree that you will not under any circumstances charge a Customer any additional amount for delivering the Goods and/or performing the Services comprised in an Offer. For the avoidance of doubt, this does not restrict the Customer from acquiring Goods and/or Services directly from you in addition to those comprised in an Offer.
  3. You agree that all of the Goods and/or Services (or any combination of them) that you make available to persons acquiring them directly from you must be available in exactly the same manner and on exactly the same terms through Flossie.com.
  4. You agree that the price and terms of acquisition of Goods and/or Services (or any combination of them) that are made available for acquisition at any time directly from you must be no more favourable than those applicable to the same Goods and/or Services (or any combination of them) promoted through Flossie.com. You will extend any and all Discounts made available to persons acquiring Goods and/or Services (or any combination of them) directly from you to those Goods and/or Services (or any combination of them) promoted through Flossie.com.
  5. You agree that you will not do, or fail to do, anything that will, or is likely to, result in any damage to the brand, reputation, or goodwill of Flossie.com or any of its directors, officers, employees or agents.

Directory Listing:

  1. By participating in, and promoting your Goods and/or Services through, Flossie.com, you will receive the following:
  2. Website: A website page exclusively promoting you, your Goods, your Services, and your Offers;
  3. App: A screen exclusively promoting you, your Goods, your Services, and your Offers, a screen listing all of the Goods and/or Services being offered by you, and a screen per Good, Service, or Offer, providing all details related to the Good, the Service, or the Offer;
  4. Promotion of you, your Goods, your Services, and your Offers via the Channels as determined by Flossie.com, including (unless agreed otherwise in writing by Flossie.com) alongside other persons (including their goods and/or services) participating in, and promoting goods and/or services through, Flossie.com from time to time; and
  5. Collection, collation, and publication via the Channels of reviews of, and ratings in respect of, you, your Goods, your Services, and/or your Offers, received from Customers from time to time.

Testing and Reviews

  1. When you initiate your participation in Flossie.com you grant Flossie.com the right to nominate a representative to attend two appointments with you in order to test and review your Services, environment, and the experience you offer. These appointments will be at your cost, and at no cost to Flossie.com or its nominated representatives and will be arranged as soon as possible after you initiate your participation in Flossie.com.
  2. You acknowledge and agree that Flossie.com may at any time publish ratings and reviews relating to you, your business, your Goods, your Services, and/or your Offers, via the Channels and whether prepared by Flossie.com, its representatives, or any other person.

Supplier Payment and Commission Fee:

  1. You acknowledge and agree that Flossie.com will deduct the Commission Fee from the money held by Flossie.com prior to making the Supplier Payment.
  2. When a Customer acquires an Offer, Flossie.com will hold the money received in an interest bearing bank account. You must deliver the Goods and/or provide the Services comprised in the Offer in accordance with these Terms & Conditions and the terms of the Offer. Once Flossie.com has received notice from you that you have delivered the Goods and/or provided the Services comprised in the Offer, Flossie.com shall pay the Supplier Payment to you by direct credit to your nominated bank account on the Thursday of the week after Flossie.com receives such notification from you.
  3. Each party shall bear all of its own costs incurred in respect of an Offer (including without limitation any relevant taxes such as GST), including in promoting the Offer, and delivering the Goods and/or providing the Services comprised in the Offer.

Discounts

  1. With the prior written consent of Flossie.com, you may offer Discounts to selected Customers in connection with an Offer. For the avoidance of doubt, notwithstanding the application of any such Discounts to an Offer, the Commission Fee payable to Flossie.com will be payable on the face value of the Offer before any such Discount is applied to the Offer.
  2. com may offer Discounts to selected Customers from time to time that can be used in respect of any of the goods and/or services promoted through Flossie.com including, without limitation, any Offer made by you. You acknowledge and agree that a Customer may apply at any time any such Discount to your Offers and that, notwithstanding the application of any Discount to an Offer, the Commission Fee payable to Flossie.com will be payable on the face value of the Offer before any such Discount is applied to the Offer.

Dissatisfied Customers:

  1. If a Customer is dissatisfied with the Goods delivered and/or Services provided, the Goods delivered and/or the Services provided are different to those comprised in the Offer, or you cannot deliver the Goods and/or provide the Services comprised in the Offer, you must first try to resolve the Customer’s dissatisfaction amicably directly with the Customer and may in seeking to do so:
  2. re-deliver the Goods and/or re-provide the Services comprised in the Offer at no extra cost to the Customer with no recourse to Flossie.com; and/or
  3. provide the Customer with a refund to be dealt with through Flossie.com. The maximum amount refunded in cash to a Customer by Flossie.com is limited to the amount paid by the Customer for the Offer minus any Discount applied to the purchase price for the Offer. Where a Customer has applied any Discount to the purchase price for the Offer, Flossie.com may at its discretion provide the Customer with Discounts in respect of that portion of the purchase price; and/or
  4. offer to deliver alternative Goods and/or provide alternative Services to the Customer to the value of the Offer with no recourse to Flossie.com.
  5. If you are unable to resolve a matter that arises under paragraph 19 of these Terms & Conditions within three days of notification from the Customer, you must direct the Customer to take the matter up directly with Flossie.com, and Flossie.com will seek to resolve the matter on your behalf. You irrevocably authorise Flossie.com to offer the options provided under paragraph 19 of these Terms & Conditions to the Customer to resolve the matter, and, if accepted by the Customer, you must deliver to the Customer the options accepted (as applicable) as soon as possible upon notice from Flossie.com.
  6. com will offer a money back guarantee on all Services promoted through Flossie.com where the Customer is dissatisfied in any way with the Service acquired through Flossie.com. Any such refund will be dealt with through Flossie.com. The maximum amount refunded in cash to a Customer by Flossie.com is limited to the amount paid by the Customer for the Offer minus any Discount applied to the purchase price for the Offer. Where a Customer has applied any Discount to the purchase price for the Offer, Flossie.com may at its discretion provide the Customer with Discounts in respect of that portion of the purchase price.
  7. You indemnify Flossie.com against all costs, liabilities, and damages (including consequential loss) that Flossie.com may suffer in any way related to your participation in Flossie.com, your Goods, your Services, and/or your Offers, including without limitation as a result of your inability to meet your obligations in respect of any Offer. You indemnify Flossie.com, and agree to pay on demand, any amount Flossie.com refunds to a Customer on your behalf in respect of an Offer.

No-Shows:

  1. Where a Customer acquires an Offer but does not attend the appointment time in respect of the Services comprised in the Offer (i.e. a “no-show”) you will still be paid the Supplier Payment.

Cancellations:

  1. You must provide Flossie.com with full details of your cancellation policy and any amendment to that policy from time to time. Any amendment to your cancellation policy will apply from the date that is five days after you notify Flossie.com in writing of such amendment. If you do not provide Flossie.com with full details of your cancellation policy then Flossie.com will apply its default policy, namely that a Customer will not receive a refund for an Offer if it seeks to cancel the Offer at any time that is 24 hours or less prior to the appointment time comprised in the Offer.
  2. Any cancellation of an Offer will be undertaken through Flossie.com and you will direct any Customer seeking to cancel an Offer to do so through Flossie.com. Flossie.com will adhere to the cancellation policy you have provided to Flossie.com, or if you have not provided one then Flossie.com will apply the default cancellation policy.

Rescheduling:

  1. Subject to the applicable cancellation policy (unless agreed otherwise in writing by Flossie.com), a Customer may reschedule the appointment time comprised in the Offer by contacting you or through Flossie.com and you must use commercial reasonable endeavours to confirm an alternative appointment time for the Offer that is satisfactory to the Customer as soon as practicable following contact from the Customer.
  2. If an alternative appointment time for an Offer is achieved, then at the time that the alternative appointment time is confirmed with the Customer you must update your Flossie.com interface for the Offer so that the applicable reminders, commission rates etc. apply in respect of the alternative appointment time for the Offer. For the avoidance of doubt, Flossie.com may (but is under no obligation to) adjust the Commission Fee payable in respect of the Offer as a result of any confirmed alternative appointment under this paragraph.

Liability and Disclaimers:

  1. The Consumer Guarantees Act 1993 and Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted, or modified. These Terms & Conditions must in all cases be read subject to those statutory provisions.
  2. Subject to paragraph 28, Flossie.com is not liable to you in any way, whether in contract, tort (including but not limited to negligence) or otherwise, for any loss, liability, costs, or damages (including without limitation indirect or consequential loss), and loss of business or other profits (suffered or incurred or claimed to have been suffered or incurred by you or any other person) related to, or in any way connected with, your participation in, and promotion of your Goods and/or Services through, Flossie.com via its Channels, these Terms & Conditions, or the exercise or purported exercise of any rights conferred on Flossie.com under these Terms & Conditions.
  3. As Flossie.com is relying on the accuracy of the Content you supply, subject to paragraph 28, Flossie.com does not warrant or guarantee the accuracy or completeness of any Content about you, your Goods and/or Services, or your Offers, presented or promoted through Flossie.com via the Channels and will not be liable in any way for any errors, omissions, misleading statement, misplacements, or incorrect statements, or be liable for any loss or damage or poor performance howsoever caused by you.
  4. You acknowledge and agree that:
  5. you are solely responsible for all and any Content presented through a Channel in respect of you, your Goods, your Services, and your Offers. Flossie.com does not warrant or make any representation about any such Content;
  6. you will regularly review all such information to ensure that it is accurate and will use your Flossie.com interface to correct any inaccuracies or, if you cannot correct such inaccuracy, you will notify Flossie.com of any such inaccuracy with a request that it be amended. Flossie.com will seek to make any such amendment within 14 days of receipt of such written notification from you;
  7. com may at any time edit or remove any Content provided via the Channels where it is determined by Flossie.com such Content breaches these Terms & Conditions or any applicable laws and regulations, or is otherwise inappropriate or objectionable;
  8. com is not responsible for any communications between you and any user of Flossie.com (including Customers), whether or not such communication has occurred as a result of use of the Flossie.com; and
  9. you are solely responsible for the acts and omissions of your employees, contractors or agents that acquire access to Flossie.com’s interface or any other third party that acquires access to the interface through the use of usernames or passwords issued to or by you.

Warranties and Indemnity:

  1. You warrant that:
  2. all of the information you supply to Flossie.com is or will be free from any errors, omissions, misleading statement, misplacements, and incorrect statements, and if any such errors, omissions, misleading statement, misplacements, or incorrect statements arise you will promptly correct them;
  3. all information you supply to Flossie.com is not, or will not be, illegal, objectionable, deceptive, incorrect, or misleading, and will comply with all relevant laws relating to the promotion and advertising of your Goods and/or Services, or Offers, and does not, or will not, infringe the intellectual property rights of any person;
  4. you will honour all Offers in a safe and professional manner, in accordance with best industry standards and practice, and any applicable laws and regulations;
  5. you will not impose on any Offer any further terms which are not disclosed to the Customer on acquisition, or which are in violation of any laws or regulations;
  6. you have all the necessary intellectual property rights in any information you provide to Flossie.com and any Content about you so as to allow Flossie.com to promote such information via the Channels without infringing the intellectual property rights of any person;
  7. you will only collect and use personal information from Customers in accordance with the Flossie.com privacy policy and all relevant laws and regulations;
  8. you irrevocably authorise Flossie.com, its directors, officers, employees and agents to access any booking system software you may own or use for the purpose of promoting your Goods and/or Services through Flossie.com.
  9. You indemnify Flossie.com, its directors, officers, employees and agents from and against all losses, cost, expenses (including any reasonable solicitor’s fees on a full indemnity basis), actions or claims directly, indirectly incurred or suffered by them arising in relation to your participation and promotion of your Goods, your Services, and/or your Offers, through Flossie.com via its Channels, any information or Content provided by you to Flossie.com, the use of any booking system software you may own or use, any claim or demand made by any person (including Customers) in relation to any matter concerning you, your Goods and/or Services, Offers, redemption of any Offers, or as a result of any breach of these Terms & Conditions by you.
  10. com is not responsible under any circumstance to you or any person for any failure of, or interruption to, the Channels, your Flossie.com interface, or any booking system software you may own or use, at any time.
  11. com does not warrant or represent that the Flossie.com interface, including the Flossie.com Booking System, will be compatible with any software applications you use, or will otherwise meet your requirements and be suitable for your purposes.

Variation & Conflict:

  1. com may amend these Terms & Conditions at any time with such amendment to take effect immediately upon notice being sent to the email address provided by you. If you propose an amendment to these Terms & Conditions such amendment will only be effective if, and at the time that, Flossie.com (in its sole discretion) expressly agrees in writing to the proposed amendment. You are responsible for ensuring that the information you have provided to Flossie.com at any time, including without limitation your contact details, remains current and accurate.
  2. In the event of any conflict between your terms and conditions (if any) or the terms of any Offer and these Terms & Conditions, these Terms & Conditions shall prevail for all purposes.
  3. If a dispute arises between you and Flossie.com or you and a Customer, you agree to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal legal action.

Termination

  1. com may terminate your participation in Flossie.com at any time with or without cause effective upon notice of the same being sent to the email address provided by you. Flossie.com will within three working days remove your access to the Flossie.com interface, and information in respect of you, your Goods, and/or your Services, will cease to be available through its Channels, and Customers will cease to be able to access such information or acquire your Offers from the date of such removal.
  2. If your participation in Flossie.com is terminated at any time, any Offers that have been acquired by Customers in the period before Customers cease to be able to acquire your Offers through Flossie.com must be honoured by you strictly in accordance with these Terms and Conditions. However, Flossie.com reserves the right to cancel any Offers provided it is not within the no cancellation period specified in your cancellation policy or the default cancellation policy under paragraph 24.

Governing Law:

  1. These Terms & Conditions are governed by the laws of New Zealand and the parties agree to submit to the exclusive jurisdiction of the New Zealand courts.

Definitions:

App means any of Flossie.com’s mobile applications (including without limitation iOS and Android mobile applications).

Channel means any and all media formats in which Flossie.com markets, promotes, transmits, sells and/or distributes an Offer, including without limitation the Website, the App, or any third party platform (including without limitation a Facebook shop or Google reserve)).

Content means any Information published or made available via a Channel, whether generated by Flossie.com, you, a Customer, a user of Flossie.com, or any other person.

Customer means any person acquiring an Offer from time to time.

Discount means any discount, preferential pricing, promotion, promotional code, voucher and/or anything having the same or substantially the same effect, able to be applied to the purchase price for goods and/or services through Flossie.com.

Flossie.com means Flossie.com Limited.

Flossie.com
’s Booking System means Flossie.com’s online appointment booking system which may be accessed via the Flossie.com interface.

Goods means any goods that you offer.

Information means any and all information relating to you, your business, your Goods, your Services, and/or your Offers, whether or not provided by you, and including without limitation any brands, company names, trade names, trade marks, domain names, social media tags and accounts, designs, pictures, graphics, photographs and artworks, patents, copyrights, confidential information, and/or other intellectual property, in each case whether registered or unregistered.

Offer means the Goods and/or Services you offer and promote through Flossie.com.

Services means any services that you offer.

Supplier Payment means the monies received in cleared funds by Flossie.com in respect of the acquisition of an Offer by a Customer minus the Commission Fee.

Terms & Conditions means these terms and conditions, including as amended from time to time.

Website means Flossie.com or any other website operated by Flossie.com from time to time.