The following Supplemental Terms apply to users who wish to sell Activities on our Digital Properties. These Supplemental Terms incorporate New Mexico Events LLC’s Terms of Use by reference. If the Terms of Use are inconsistent with these Supplemental Terms, these Supplemental Terms shall control with respect to the subject matter contemplated herein. Any capitalized term used herein that are undefined have the meaning given to such term in the Terms of Use.
Selling activities.
Vendors are required to comply with all applicable laws, rules, regulations and ordinances, along with our Activity Policy below, when marketing, selling and hosting Activities.
Activity Listings.
Vendors set their own price when selling a Activity, and may raise or lower that price and/or delete their listing prior to receiving a purchase for the activity. By listing a activity for sale, Vendor, is making a binding offer to sell that Activity to a Buyer at the Activity Price. If a Buyer purchases an activity the Vendor is bound to deliver the applicable Activity to the Buyer within the date and time of that activity. Vendors are solely responsible for monitoring their own inventory of Activities and ensuring that their listings are accurate, complete and timely.
Activity Policy.
All Vendors are required to comply with the following Activity Policy when marketing and selling Activities via our Digital Properties. Any failure to comply with this Activity Policy, or these Terms, may result in Vendor’s listings being removed, Vendor’s sale(s) being cancelled, any amounts paid by Buyers being withheld, or New Mexico Events LLC taking any other action described in this Terms of Use.
Activity Listings.
Vendors must provide accurate, complete and timely listings and must ensure that such listings remain accurate, complete and timely, including information related to the name and date of the event. Vendors must list any and all required disclosures related to their Activities, including: age restrictions, height restrictions, weight restrictions; and 21 and over event. Vendor may only list valid Activities, which Vendor has the right and authority to sell.
Prohibited Listings.
Vendors are expressly forbidden from listing for sale:
Activities that the Vendor does not actually run or approved to list and Activities that do not have the permits, licenses, insurances and permissions to operate.
Delivery.
Vendors must deliver any Activities purchased by Buyers in accordance with agreed upon timelines and in a manner consistent with the Vendor’s listing. If a Buyer does not receive their Activity in a timely manner, or the Buyer receives Activities that do not match the Vendor’s listing, New Mexico Events LLC may cancel the sale and refund the Buyer all amounts paid to the Vendor. If Vendor believes that it will be unable to deliver Activities it has sold to a Buyer in a timely manner or need to offer replacement Activities, Vendor must report the issue to New Mexico Events LLC immediately at holanewmexico@gmail.com so that we can attempt to resolve the matter. Vendor understands that merely reporting any issues it is experiencing in accordance with the prior sentence does not relieve Vendor of its obligations to the Buyer. New Mexico Events LLC reserves the right to suspend and/or terminate Vendor’s Account if New Mexico Events LLC determines, in its sole discretion that Vendor has repeatedly failed to deliver Activities in accordance with these Terms above an acceptable rate.
Vendor Warranties.
As a Vendor, you represent and warrant that: (i) all Activities you list on the Services (1) are valid and (2) are in your actual possession (ii) you have the right to sell the Activities you list on the Services; (iii) your sale of any Activities via the Services does not and will not violate the laws, rules or terms and conditions.
Disclaimer.
New Mexico Events LLC does not guarantee that any Activities you list on the Services will sell, that you will make any particular amount of money in marketing and selling Activities on our Services, or that any Buyers will complete any transaction with you or be able to pay for Activities. Furthermore New Mexico Events LLC does not guarantee that any Activities will be listed on our Services in any particular way or with any preference, or will appear on the Services within any particular period of time.
Activity Cancellations and Postponement.
If a Vendor requires their Activities to be refunded the Vendor must contact New Mexico Events LLC at holanewmexico@gmail.com. If the Vendor has already been paid, the payment made for the sale may be recovered by charging the Vendor’s Payment Method or by setting off this amount against pending payments for other Activitys the Vendor has or will sell. If an activity is postponed, New Mexico Events LLC will work with Vendors, on a case-by-case basis, to attempt to resolve the issues. Vendors are prohibited from invalidating or changing Activities for postponed activities.
Interactions with Buyers.
New Mexico Events LLC may provide Vendors with certain information related to Buyers, such as their contact information, so that Vendors can contact them regarding the purchased activity. Vendors are prohibited from using such information for any purpose other than the fulfillment of their obligations in providing purchased Activities to Buyers. Vendors shall not include, in any shipment or contact to any Buyer, any materials other than the purchased Activity, including business cards, bookmarks, coupons, flyers, solicitations, contact information or any other marketing or advertising materials.
Payments to Vendors:Taxes.
Following New Mexico Events LLC’s receipt of money from the Buyer, New Mexico Events LLC will remit to Vendor the applicable Activity Price, less any fees, charges, set-off and other amounts to due New Mexico Events LLC in accordance with the terms herein. Vendors will not receive any interest or any other earnings on any funds held in a Vendor’s Account. As between Vendor and New Mexico Events LLC, Vendor is responsible for all sales and use tax for the sales of his or her Activities.
Indemnification.
Vendor agrees to indemnify and hold New Mexico Events LLC Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Vendor’s breach, damages, liabilities, losses, costs, and expenses, errors or omissions of the Vendor, or of those for whom the Vendor is legally liable, which arise out of the Vendor’s performance of its professional services under this agreement.