Listers Agreement

New Zealand (NZ) Schedule

This New Zealand Schedule ("Schedule") forms part of the anyspaces.com Global Listers Agreement ("Agreement"). This Schedule applies only where the Venue is located in New Zealand.

1. Contracting Entity

For New Zealand Venues, the contracting entity is:

anyspaces.com Australia Pty Ltd
ABN 32 621 947 528
("Facilitator")

2. Governing Law & Jurisdiction (New Zealand)

This Agreement and this Schedule are governed by the laws of New Zealand.

Any disputes shall be brought exclusively under, or in the courts of New Zealand.

The Lister irrevocably submits to the non-exclusive jurisdiction of the courts of New Zealand, and waives any objection to proceedings in any such court on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

3. Goods & Services Tax (GST)

All amounts payable under this Agreement are stated exclusive of GST unless otherwise stated. Where GST is payable on any taxable supply under this Agreement:

  • The supplier shall provide GST-compliant tax invoices.
  • If the supplier is GST-registered and no tax invoice is provided, anyspaces may withhold payment until a proper tax invoice is provided.
  • Any Lister-side fees or charges will include GST where applicable.

4. Fees, Financial & Remittance (New Zealand)

Payment terms and currency align with Section 7 of the Agreement, save that:

  • Payment currency is NZD (New Zealand Dollar).
  • All applicable New Zealand taxes (including GST) will be itemised on invoices.
  • Payment methods may include direct deposit to the New Zealand bank account nominated by the Lister.

Withholding tax or other deductions apply as required by New Zealand tax law. It is the Lister's responsibility to declare any income or tax liability to Inland Revenue as required by law, and to provide a valid IRD (Inland Revenue Department) number where necessary for record keeping.

5. Insurance (New Zealand)

The Lister must maintain adequate and valid New Zealand-compliant insurance to cover the risks of hosting and listing a Venue at the premises (including, but not limited to, public liability, property damage, and employer's liability, if relevant).

anyspaces may request evidence of valid insurance at any time. Failure to maintain appropriate coverage may result in suspension or termination of the listing.

The Lister must, immediately and without delay, notify anyspaces of any claim or circumstance that may give rise to a claim under their insurance policy.

For any claims or loss, either party may refer to the dispute resolution process in the Agreement. Any insurance proceeds received from third party insurance are without prejudice to the rights of either party under this Agreement (subject to policy terms).

6. Compliance with New Zealand Law

The Lister must comply with all applicable New Zealand laws and regulations, including but not limited to:

  • Health and Safety at Work Act 2015 and associated regulations.
  • Building Act 2004 (as amended) in so far as applicable.
  • Resource Management Act 1991 and any council or district by-laws or consents.
  • Fair Trading Act 1986 and Consumer Guarantees Act 1993.

The Lister warrants that it has all necessary permits, licenses, and authority to list and operate the Venue. If a breach or non-compliance is discovered or notified by a regulatory body, anyspaces reserves the right to suspend or terminate the listing pending resolution.

7. Data Handling & Singapore Data Responsibility (New Zealand)

Without limiting the global data provisions:

  • New Zealand Listers acknowledge that personal and venue-related data may be stored and processed in Singapore and other jurisdictions as detailed in the Privacy Policy.
  • This cross-border data transfer is carried out in compliance with the Privacy Act 2020 of New Zealand, including where necessary the use of appropriate safeguards for data transfer, as prescribed by law.

The New Zealand Lister warrants that it has obtained all necessary consents (if required) to share or enable the sharing of personal or sensitive data relating to venue occupants or visitors, or other relevant parties, in accordance with New Zealand privacy law.

anyspaces (or its data processor) will handle personal information in accordance with the Privacy Act 2020 (New Zealand) and its published Privacy Policy. For further information, please refer to the Privacy Policy and terms of data use.

8. Termination & Enforcement (New Zealand)

In the event that the Agreement is terminated in accordance with Section 10 of the Agreement:

  • In relation to the Lister, no liability may accrue beyond the termination date, except outstanding fees, liabilities, or amounts owed up to that date, or any liability that by its nature survives (e.g., indemnity, warranty).
  • Termination does not affect accrued rights.

Where a claim arises from or relates to a New Zealand Venue, either party may resort to the New Zealand courts for appropriate relief. Enforcement of any decision, order, or award may be sought in New Zealand or another jurisdiction as appropriate.

anyspaces may also seek injunctive or other equitable relief where appropriate under New Zealand law.

9. Tax Retail Losses (New Zealand)

For any losses relating to goods, services, or revenue derived from bookings, the following general principles apply:

  • The Lister may be able to claim such losses as business deductions in accordance with New Zealand tax law, subject to IRD (Inland Revenue Department) regulations and rules.
  • It is the Lister's responsibility to obtain proper tax advice and keep accurate records to satisfy any tax authority requirement.
  • anyspaces makes no representation or guarantee as to the deductibility or treatment of any loss or expense under New Zealand tax law.

10. Consumer Law (New Zealand)

Nothing in this Agreement or this Schedule is intended to, or should be read as, excluding, restricting, or modifying any guarantee, warranty, liability or remedy under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

Where this Agreement applies to a "consumer" as defined under New Zealand law, certain rights and remedies under the law cannot be excluded or limited.

Where the Lister is acting for business purposes, and the Consumer Guarantees Act does not apply, the Lister acknowledges that certain statutory guarantees or warranties may not be available or may be limited as provided by law.

11. Notions (New Zealand)

Unless otherwise agreed, all notices to be provided under the Agreement or this Schedule must be:

  • In writing (including email or platform message).
  • Sent to the last-known address or email of the recipient on the platform.
  • In the case of formal legal notices, may also be posted or couriered to the New Zealand registered address.

Notice is deemed received:

  • If by email, at the time sent (or next business day if sent outside business hours).
  • If by post, three (3) business days after posting within New Zealand.

12. Interpretation (New Zealand)

In the event of any inconsistency between this Schedule and the Global Listers Agreement, this Schedule prevails to the extent of the inconsistency, but only for New Zealand-based Venues.

Defined terms have the same meaning as in the Agreement unless otherwise defined in this Schedule.

Application of Schedule

This Schedule applies where the Venue is located in New Zealand. If there is any conflict in the Agreement with the terms specified in this Agreement, the terms specified in this Schedule supersedes the global policy.

Where there are no inconsistencies or additions, the terms of the main Agreement also apply as written without modification.