Website and Mobile App Terms of Use

 

These Website and Mobile App Terms of Use govern your access to and use of all our website, mobile website, and mobile application, collectively our "websites and mobile apps".

By using our website, or by downloading and or using our mobile application, you confirm that you agree to these Website and Mobile App Terms of Use and to our Privacy Statement. If you do not agree, do not use our websites and do not download and use our mobile apps.

You are responsible for ensuring the security of the personal information held on your computer, mobile or other device.

 

1. Access to and permitted uses of our website and mobile apps

1. Access to and use of our websites and mobile apps is not guaranteed and may be restricted or blocked without prior notice for maintenance, operational or technical reasons.

2. You may only access and use our websites and mobile apps to view the availability of our goods and services for your personal and domestic purposes and to transact lawful and authorised business with and for no other purpose.

3. You must not use our websites or mobile apps to make for unauthorised, false or fraudulent use and you must not take any action that could interfere with the normal operation of our websites or mobile apps.

 

2. Intellectual property

1. Your use of our websites and mobile apps must not infringe the intellectual property rights of any person.

2. The material on our websites and mobile apps is protected by copyright law and the names and logos are trade marks and are protected by trademark law. We retain all intellectual property rights to the software, technology, processes, materials and products on our websites and mobile apps. You must not use, copy, monitor, modify, transmit, store, extract, publish or distribute any material on or accessed via our websites or mobile apps without prior written permission from us; except that you may print (or download onto a single computer or device) one copy only of information that is directly relevant to a product or service you have purchased, or genuinely intend to purchase.

3. We may restrict or block your access to and use of our websites and or mobile apps at any time if we reasonably believe that you may have breached any provision in these Website and Mobile App Terms of Use.

 

3. Third party websites, features, products and services

1. Third party features, products and services that may be available for use on our websites and mobile apps or may be accessed via our websites or mobile apps are subject to compliance with the terms and conditions of the third party owners of the relevant features, products or services. The third party terms and conditions may, amongst other things, govern the ownership, use of, and access to the third party features, products or services.

2. Our websites and mobile apps contain promotional information about third party products and services and links to (and frames of) third party websites. We did not endorse third party websites or third party products and services and we have no liability in respect of your dealings with third parties. You maintain full responsibility for your dealings with third parties and your use of third party websites, applications, products or services. If we assist you with a third party booking; or with the use of or purchase of a third party application, product or service, we do so in our sole capacity as agent for the third party and accept no liability for the same.

 

4. Limitation of liability

1. Subject to claims available under consumer protection laws, we are not liable (in negligence, tort, breach of contract, or otherwise) for any loss or damage (including direct or indirect loss, or special or consequential loss) arising out of or in connection with:

• the use of (or inability to use) our websites or mobile apps by you or anyone else; and/or

• the breach in the security of your computer, mobile or other device or the access to any information held on your computer, mobile or other device by unauthorised third parties.

2. Nothing in these Website and Mobile App Terms and Conditions shall exclude or limit our liability for death or personal injury caused by negligence or for fraud and fraudulent misrepresentation.

 

5. Privacy

1. By using our website, or by downloading and or using our application, you authorise us to collect, use and disclose your personal information in accordance with our Privacy Statement and these Terms.

2. We may collect, hold, use and disclose your personal information (including the personal information that you provide to us and that we obtain from third parties) for a number of purposes detailed in our Privacy Statement. For example:

• improving services and/or benefits offered to you;

• furthering the relationship between you and us, including by identifying and presenting our offers for products, services or promotions from us and from third party partners;

• identifying and marketing our products, services or promotions and from third party partners that may be of interest to you;

• We may combine the information we collect from your computer, mobile or other devices with the other information we collect about you, for example your booking history with us, information we collect from third parties in accordance with our Privacy Statement and information that is publicly available (for example, information in public directories and publicly available social media information). We use this combined information to learn about your interests and preferences so that we can provide you with an improved and personalised online experience, improve our products and services, and identify suitable offers and promotions that you might be interested in;

• for statistical analysis, sales and marketing research and for business improvement analysis;

• otherwise to conduct and develop our business; and

• any other use that you authorise.

3. We may disclose your personal information to the range of third parties identified in our Privacy Statement. For example, to our third party business partners including marketing and advertising companies, data processing companies and data analysis companies to conduct sales, marketing and advertising research and analysis on our behalf so that we can better understand your preferences, carry out business improvement analysis, present you with suitable offers that you might be interested in, and for any of the other purpose described in the Privacy Statement.

 

6. Disclaimers

1. To the fullest extent permitted by law, we make no warranties (express or implied), and make no representations, with respect to:

• the availability of our websites, mobile apps, website functions and or mobile app functions for your use;

• inability to access or use our websites or mobile apps due to lack of network coverage or connectivity;

• website and mobile app disruptions, defects and technical errors that may occur from time to time;  

• viruses and other harmful elements that may be present on websites, software and servers and mobile apps; and

• third party websites, applications, products and services.

 

7. Laws of New Zealand apply

1. These Website and Mobile App Terms of Use shall be governed by and construed in accordance with the laws of New Zealand without giving effect to any principles of conflicts of law. You consent to the exclusive jurisdiction of the courts of New Zealand in connection with any legal action that may arise in relation to your use of our websites, our mobile apps and or these Website and Mobile App Terms of Use.

 

8. Changes to the Website and Mobile App Terms of Use

1. We may make changes to these Website and Mobile App Terms of Use from time to time. When we make changes, we will update these Website and Mobile App Terms of Use on our websites. We will also specify the date of the last update.

 

9. Translations

1. Where a translation of these Website and Mobile App Terms of Use is made available in a language other than English, in the event of a conflict between the English version of these Website and Mobile App Terms of Use and any translation, the English version shall prevail.