Business Listing Terms of Service | Local Drag Directory

These Business Listing Terms of Service govern your use of the Local Drag platform (the Platform) as a business that creates, claims, or manages a business listing (a Listing). By creating an account for business purposes, submitting a Listing for review, or purchasing a paid subscription, you agree to be bound by these Terms. These Terms are in addition to our Terms of Use, which continue to apply. If there is any conflict between these Terms and the Terms of Use, these Terms prevail to the extent of the inconsistency.

In these Terms, we, us, and our refer to the operator of the Platform. You and your refer to the business and the person who registers, manages, or transacts on the business's behalf.

1. Eligibility and account registration

1.1

To create a Listing you must be at least 18 years of age and authorised to act on behalf of the business you are registering. By creating a Listing you confirm that you have that authority and that the business exists and is lawfully operating.

1.2

When creating an account you must provide current, complete, and accurate information about yourself and the business, and you must keep that information up to date. We may refuse, suspend, or terminate any account where reasonably necessary for security, legal compliance, suspected misuse, or a breach of these Terms.

1.3

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account, including any Listing managed through it. You must notify us promptly if you suspect any unauthorised access.

2. Business Listings

2.1

The Platform allows you to create and manage one or more Listings describing a venue, service, vendor, or other business, including its name, description, location and service areas, contact details, links, images, and related details (together, Listing Content).

2.2

All new Listings, and certain changes to existing Listings, are subject to an approval process. We may approve, reject, or request changes to a Listing at our sole discretion. A Listing will not be publicly displayed until it has been approved. We are not obliged to approve any Listing and are not required to give reasons for a rejection.

2.3

Once a Listing has been approved, edits you make do not take effect immediately. They are submitted as a change proposal for our review, and the existing approved Listing remains live until the proposal is approved. We may approve or reject a change proposal at our sole discretion, and only one change proposal may be pending at a time. Listings that have not yet been approved may be edited directly.

2.4

We may suspend, unpublish, or remove a Listing at any time where we reasonably consider that it breaches these Terms, infringes third-party rights, is inaccurate or misleading, creates legal or reputational risk, or may harm us, other users, or the Platform.

3. Listing accuracy and your responsibility for content

3.1

You are solely responsible for the accuracy, completeness, currency, and lawfulness of your Listing Content. You confirm that all Listing Content you submit:

is accurate and not misleading, including in relation to the business's identity, services, pricing, availability, location, and any accreditation, affiliation, or endorsement it claims;
you own or have all necessary rights and permissions to submit, including for all images, logos, and media;
does not infringe anyone else's privacy, intellectual property, confidentiality, or other rights;
does not contain material that is defamatory, abusive, threatening, discriminatory, obscene, deceptive, unlawful, or otherwise objectionable;
does not contain malware or anything intended to damage or interfere with the Platform; and
complies with these Terms and any guidelines we publish.

3.2

Any description of a business as inclusive, welcoming, safe, "drag-friendly", or similar is your own representation about your business. We do not verify, endorse, or guarantee any such claim, and we do not independently assess the suitability, safety, accreditation, licensing, or conduct of any listed business. We accept no responsibility or liability for the accuracy of such claims or for any reliance placed on them by members of the public or by performers.

3.3

You must not submit images or media depicting any person without their consent. Where your Listing Content includes images of other people, you are responsible for obtaining and retaining evidence of their consent.

3.4

You are responsible for ensuring your business and its operations comply with all laws that apply to it, including consumer, advertising, health and safety, licensing, and employment laws. We are not responsible for your compliance with those laws.

4. Your Listing Content licence

4.1

You retain ownership of the Listing Content you submit. By submitting Listing Content to the Platform, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, adapt, display, communicate, publish, and otherwise use that content for the purposes of operating, maintaining, improving, and promoting the Platform. This licence continues for so long as the content remains on the Platform and for a reasonable period afterwards to allow for backup, caching, legal compliance, and enforcement.

4.2

Images and media you upload are stored on third-party infrastructure and may be served publicly via the Platform. You acknowledge that once content is published, it may be cached by third parties (such as search engines) and we cannot guarantee its removal from all external caches.

4.3

We may, but are not obliged to, remove, resize, edit, or moderate Listing Content where reasonably necessary for moderation, legal compliance, or technical reasons.

5. Paid subscriptions and billing

5.1

Public display of a Listing may require a paid subscription, unless an alternative visibility path applies (see section 6). Subscription fees, billing periods, and any applicable taxes are as set out at the point of purchase. Payments are processed by our third-party payment provider (Stripe), and your use of that provider is subject to its own terms.

5.2

Unless stated otherwise at the point of purchase, subscriptions renew automatically at the end of each billing period at the then-current fee, until cancelled. You authorise us, through our payment provider, to charge the applicable fee to your nominated payment method for each renewal.

5.3

You may cancel a subscription at any time. Unless required by law, fees already paid are non-refundable, and cancellation takes effect at the end of the current billing period. We do not provide partial or pro-rata refunds for unused time.

5.4

We may change subscription fees or the features included in a subscription for legitimate operational, legal, regulatory, security, or commercial reasons. Where a change materially and adversely affects you, we will use reasonable efforts to notify you before it takes effect, and the change will apply from your next billing period after the notice. If you do not accept a material adverse change, you may cancel your subscription under section 5.3 before the change takes effect.

5.5

If a payment fails, is reversed, or a subscription lapses, your Listing may lose public visibility (subject to section 6) until payment is resolved. A loss of visibility for non-payment does not entitle you to any refund or compensation. The underlying Listing record may be retained in an unpublished state.

5.6

We may apply or remove, at our discretion, a manual visibility allowance (for example for community partners, complimentary periods, or while a billing issue is resolved). Any such allowance is a discretionary concession, may be withdrawn at any time, and does not create an ongoing entitlement.

6. Visibility, ranking, and no guarantee of outcomes

6.1

Approval of a Listing is necessary but not sufficient for public display. An approved Listing is displayed publicly only where it also meets a visibility requirement we set from time to time, which may include holding an active paid subscription, receiving a threshold number of performer endorsements, or being granted a manual visibility allowance. We may change these requirements at any time.

6.2

The Platform may use a popularity or relevance score to influence the ordering and visibility of Listings. We do not guarantee any particular ranking, placement, or level of visibility, and we may change the ranking logic at any time without notice.

6.3

You must not attempt to artificially inflate visibility, endorsements, or ranking through fraudulent, deceptive, or automated means. We may reset scores, remove endorsements, or take other action where we reasonably suspect manipulation.

6.4

We do not guarantee that the Platform will generate enquiries, customers, bookings, revenue, or any other outcome for your business. The Platform is a directory listing service and does not act as your agent, marketer, or representative.

7. Performer endorsements

7.1

The Platform allows registered performers to publicly endorse or pledge support to a Listing, including through a share link you may generate. Endorsements are user-generated expressions by individual performers. They are not made, verified, or endorsed by us, and they do not represent our views.

7.2

We do not guarantee that any endorsement is accurate, current, or genuine, and we are not responsible for any reliance placed on endorsements by you, by other businesses, or by members of the public. A performer may add or withdraw an endorsement at any time, and the number of endorsements may rise or fall accordingly, including in a way that affects your Listing's visibility under section 6.

7.3

We are not a party to, and are not responsible for, any arrangement, dispute, or dealing between you and any performer who endorses, contacts, or is contacted through your Listing. You are responsible for your own dealings and due diligence.

8. Service availability

8.1

We will use reasonable efforts to maintain the availability and performance of the Platform. However, temporary interruptions may occur from time to time due to maintenance, updates, security incidents, or events beyond our reasonable control. Where reasonably practicable, we will give advance notice of planned maintenance that may affect your Listing or access.

8.2

We may change, suspend, or discontinue features of the Platform for operational, security, legal, or commercial reasons. Where a change materially affects your use of the Platform, we will use reasonable efforts to notify you in advance.

9. Your obligations

9.1

As a business using the Platform you must:

keep your Listing Content accurate and up to date;
not use the Platform for any unlawful, misleading, abusive, or harmful purpose;
not create multiple accounts or Listings to circumvent limits, approval decisions, fees, or these Terms;
not misrepresent any affiliation, accreditation, endorsement, or support; and
promptly notify us of any error, security issue, or suspected misuse.

10. Suspension and termination

10.1

We may suspend or terminate your account or any of your Listings where we reasonably consider that you have breached these Terms, that your conduct poses a legal, reputational, or security risk, or where reasonably necessary to protect the Platform, other users, or third parties. Where the breach is capable of being remedied and there is no urgent legal, security, or safety risk, we will give you a reasonable opportunity to remedy it before suspending or terminating.

10.2

You may close your account and request removal of your Listings at any time by contacting us. Closing your account or removing a Listing does not entitle you to any refund of fees already paid. We will action such requests within a reasonable timeframe, subject to any legal obligations we have to retain certain information.

10.3

On termination or closure, your Listings will be unpublished and any active subscription will be cancelled at the end of the current billing period. We may retain a copy of your Listing Content and account records for a reasonable period for backup, legal compliance, dispute resolution, and enforcement purposes.

11. Business use and consumer law

11.1

Where you acquire a paid service from us in trade, that service is supplied and acquired in trade for the purposes of section 43 of the Consumer Guarantees Act 1993. To the extent permitted by that section, you and we agree that the provisions of the Consumer Guarantees Act 1993 do not apply to that acquisition, including any guarantee as to acceptable quality, fitness for purpose, or delivery, and that it is fair and reasonable for you to be bound by this exclusion. This exclusion applies only where you are in trade and acquire the service for the purposes of a business. If you are not in trade, the Consumer Guarantees Act 1993 continues to apply to you, and nothing in these Terms excludes, restricts, or modifies your rights under it.

11.2

Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Fair Trading Act 1986, the Privacy Act 2020, the Consumer Guarantees Act 1993 (where it applies under section 11.1), or any other law that cannot lawfully be excluded or limited.

11.3

Subject to sections 11.1 and 11.2, and to the extent permitted by law:

we are not liable for any indirect, consequential, special, incidental, or exemplary loss, or for any loss of profit, revenue, business, opportunity, goodwill, or data;
we are not liable for loss arising from your dealings with any performer, customer, or other third party who interacts with you through the Platform;
we are not liable for loss arising from the accuracy of, or reliance on, any Listing Content or performer endorsement;
we are not liable for any loss of enquiries, customers, or income caused by downtime, ranking changes, moderation, loss of visibility, non-payment, or any other Platform change; and
our total aggregate liability to you in connection with these Terms or the Platform, whether in contract, tort, or otherwise, is limited to the greater of the subscription fees you paid to us in the 12 months before the event giving rise to the liability, or NZD $100.

12. Indemnity

12.1

You agree to indemnify us against reasonable losses, claims, damages, liabilities, and costs (including reasonable legal costs) suffered or incurred by us to the extent they arise from your breach of these Terms, your Listing Content, the operation of your business, your dealings with third parties, or your unlawful use of the Platform. This section does not apply to the extent the loss was caused by our own negligence, fraud, or breach of these Terms.

13. Privacy

13.1

Personal information will be handled in accordance with our Privacy Policy and the Privacy Act 2020. By creating a Listing, you acknowledge that certain information, including the business name, description, location, images, and contact options, will be made publicly available on the Platform.

13.2

Where you submit the personal information of any individual (for example a contact person or an individual depicted in an image), you confirm that you are authorised to provide it to us and that it may be handled as described in our Privacy Policy.

13.3

If there is any inconsistency between these Terms and the Privacy Policy in relation to personal information, the Privacy Policy prevails to the extent of that inconsistency.

14. Intellectual property

14.1

Except for Listing Content you submit, we own or are licensed to use all intellectual property in the Platform, including its design, code, branding, and any content we create. You must not use our trade marks, logos, or branding without our prior written consent.

14.2

Nothing in these Terms transfers ownership of any intellectual property from one party to the other, except for the licence granted in section 4.1.

15. Unfair contract terms

15.1

We have endeavoured to ensure that these Terms do not contain any terms that would be unfair within the meaning of the unfair contract terms provisions of the Fair Trading Act 1986. If any provision of these Terms is found by a court or tribunal to be an unfair contract term, that provision will be void to the extent of the unfairness, and the remainder of these Terms will continue in full force and effect.

16. Changes to these Terms

16.1

We may update these Terms from time to time, for legitimate operational, legal, regulatory, security, or commercial reasons. Any change takes effect from the time it is published on the Platform. If we make a material adverse change, we will use reasonable efforts to notify affected businesses, and if you do not accept it you may cancel your subscription under section 5.3 before it takes effect. Changes will not retrospectively affect rights or obligations that accrued before the change took effect. Your continued use of the Platform after a change takes effect means you accept the updated Terms.