DUNDAT NEW ZEALAND LIMITED ("DUNDAT") - TERMS AND CONDITIONS

This online platform (Platform) is operated by Dundat New Zealand Limited ("DUNDAT") or its successors and assignees (we, our or us). It is available on our website and may be available through other addresses or channels including on our mobile application.
In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The platform connects individuals and businesses via a directory of activities (Dundats) are completed by app users.

Acceptance

By downloading our App, accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you or a User); (1) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy available on the Platform (Terms), (with your parent or legal guardian if you are under 13 years of age) and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us (or if you are under 13 years of age you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf); and (3) agree that your access and use of the Platform constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Dundat.
If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 16 years of age to create an account and/or use the Site, you agree to: (i) supervise the Minor’s use of the Site and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site and their account; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
If you do not agree to these Terms, you may not access or use the Platform. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.

Platform Summary

  1. The Platform provides a directory of activities.

Collection Notice

  1. We collect personal information about you to enable you to access and use the Platform, to contact and communicate with you and to respond to your enquiries and for other purposes set out in our Privacy Policy.
  2. We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, webhosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside New Zealand.
  3. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
  4. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Registration and Profiles

  1. You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform and post Challenges. Users must be natural persons but can specify within a profile whether she or he represents a business entity.
  2. You must provide basic information when registering for an Account including name, email address, and location and we will provide you with a username and password.
  3. If you do not provide us with information, we reasonably request, we may not be able to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
  4. Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile).
  5. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
  6. You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether you authorised such activities or actions.
  7. You will immediately notify us of any unauthorised use of your Account.
  8. At our sole discretion, we may refuse to allow any person to register or create an Account.

Fees and Payments

  1. It is free to register an Account on the Platform. There is no charge for Regional or Local curators to create and post Challenge Listings, or for other users to review content on the Platform, including Listings.
  2. Any payments will be made through our third-party payment processor, or by any other payment method set out on the Platform.

Licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform, or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):
  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights.
  2. using our Platform to defame, harass, threaten, menace or offend any person.
  3. interfering with any user using our Platform.
  4. tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform.
  5. anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations.
  6. as a Service Provider, offering any or services that you do not intend to honour or cannot provide.
  7. as a curator, making any offers to app users that you do not intend to offer.
  8. using our Platform to send unsolicited email messages; or
  9. facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Information

The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date, and we are not liable if any Content is inaccurate or out- of-date.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
  1. copy or use, in whole or in part, any Content.
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Platform, including (without limitation) by:
    1. altering or modifying any of the Content.
    2. causing any of the Content to be framed or embedded in another website; or
    3. creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, though, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
  1. you are either the sole and exclusive owner of all User Content, or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

  1. Certain legislation in the Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986 (FTA), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
  2. Nothing in these Terms excludes your Statutory Rights as a consumer under the CGA and FTA.
  3. The goods and services provided by a Service Provider might also confer you certain Statutory Rights.

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Curators, or Listings including (without limitation) that:
  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose.
  2. access will be uninterrupted, error-free and free from viruses.
  3. our Platform will be secure.
You read, use, and act on our Platform and the Content at your own risk.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
  1. our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
  2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  3. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
    1. event or circumstance beyond our reasonable control.
    2. acts or omissions of you or your personnel.
    3. any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform.
    4. use of the Platform and/or Content.
    5. interaction you have with other users whether in person or online.
    6. any injury or loss to any person.
    7. Content, which is incorrect, incomplete or out-of-date; or
    8. breach of these Terms or any law.
    9. Indirect, special, incidental, punitive or consequential damages including lost profits, lost data, property damage or personal injury in connection or otherwise resulting from use of the Platform.
  4. You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
  5. You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination

  1. You may cancel your Account and terminate these Terms at any time via the "Cancel" Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform. If you cancel or deactivate your Account as a Regional or Local Curator, all listings associated with that account will be automatically cancelled.
  2. We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
  3. At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third-party rights.
Disputes: We encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with other users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Platform and these Terms are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Platform may be accessed throughout New Zealand and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access our Platform from outside New Zealand, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.
For any questions and notices, please contact us at:
Dundat New Zealand Limited
Email: admin@dundat.co.nz
Last update: 19 June 2025
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