Welcome
to Waimarino Ltd. terms and conditions, which apply to your use of the
kayak-tours Website. By accessing this Website, you agree to be bound by
them.
DEFINITIONS
"Conditions"
means these terms and conditions: "Personal Information" means any
personal details provided by you via the Website; "User(s)" means (a)
user(s) of the Website either collectively or individually, as the
context requires; "We/us/our" means Waimarino Ltd., "Website" means the
website located at http://www.kayaks.co.nz or any subsequent URL which may replace it; and "You/your" means you as a user of the Website.
1 ACCESS
We will provide you with access to the Website in accordance with these Conditions.
2 YOUR OBLIGATIONS
2.1 You:
2.1.1
agree not to use the Website (or any part of) for any illegal purpose
and agree to use it in accordance with all relevant laws;
2.1.2
agree not to upload or transmit through the Website any computer
viruses, macro viruses, trojan horses, worms or anything else designed
to interfere with, interrupt or disrupt the normal operating procedures
of a computer;
2.1.3 will not upload or transmit through the Website
any material which is defamatory, offensive, or of an obscene or
menacing character, or that may cause annoyance, inconvenience or
needless anxiety;
2.1.4 will not use the Website in a way that may
cause the Website to be interrupted, damaged, rendered less efficient or
such that the effectiveness or functionality of the Website is in any
way impaired;
2.1.5 will not use the Website in any manner which
violates or infringes the rights of any person, firm or company
(including, but not limited to, rights of intellectual property, rights
of confidentiality or rights of privacy);
2.1.6 agree that in the
event that you have any right, claim or action against any Users arising
out of that User's use of the Website, then you will pursue such right,
claim or action independently of and without recourse to us.
3 INDEMNITY
3.1
You agree to be fully responsible for (and fully indemnify us against)
all claims, liability, damages, losses, costs and expenses, including
legal fees, suffered by us and arising out of any breach of the
Conditions by you or any other liabilities arising out of your use of
the Website, or the use by any other person accessing the Website using
your PC or internet access account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1
modify or withdraw, temporarily or permanently, the Website (or any
part of) with or without notice to you and you confirm that we shall not
be liable to you or any third party for any modification to or
withdrawal of the Website; and/or
4.1.2 change these Conditions from
time to time, and your continued use of the Website (or any part of)
following such change shall be deemed to be your acceptance of such
change. It is your responsibility to check regularly to determine
whether the Conditions have been changed. If you do not agree to any
change to the Conditions then you must immediately stop using the
Website.
4.2 We will use our reasonable endeavours to maintain the
Website. The Website is subject to change from time to time. You will
not be eligible for any compensation because you cannot use any part of
the Website or because of a failure, suspension or withdrawal of all or
part of the Website due to circumstances beyond our control.
5 THIRD PARTY LINKS
In
an attempt to provide increased value to our Users, we may provide
links to other websites or resources. You acknowledge and agree that we
are not responsible for the availability of such external sites or
resources, and do not endorse and are not responsible or liable,
directly or indirectly, for the privacy practices or the content
(including misrepresentative or defamatory content) of such websites,
including (without limitation) any advertising, products or other
materials or services on or available from such websites or resources,
nor for any damage, loss or offence caused or alleged to be caused by,
or in connection with, the use of or reliance on any such content, goods
or services available on such external sites or resources.
6 MONITORING
We
have the right, but not the obligation, to monitor any activity and
content associated with the Website. We may investigate any reported
violation of these Conditions or complaints and take any action that we
deem appropriate (which may include, but is not limited to, issuing
warnings, suspending, terminating or attaching conditions to your access
and/or removing any materials from the Website).
7 YOUR DATA
7.1
We respect your personal information and undertake to comply with
applicable Data Protection legislation from time to time in place.
7.2 You should be aware that:
7.2.1
if we are requested by the police or any regulatory or government
authority investigating suspected illegal activities, or upon receipt of
a court order, to provide your Personal Information and/or information
concerning your activities whilst using the Website we shall do so; and
7.3
We reserve the right in our reasonable discretion to disclose details
of your use of the Website in relation to any, or any threatened, Court
Proceedings in connection with your use, or the use of anyone under your
control, of the Website whether in connection with the matters set out
in these Conditions or otherwise.
7.4 Please view our Privacy Policy, which forms part of these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1
You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content supplied as part
of the Website shall remain at all times vested in us or our licensors.
You are permitted to use this material only as expressly authorised by
us.
8.2 The Website is Copyright, Waimarino Ltd., 2011. All rights reserved.
9. NOTICES
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to Shop:
9.1.2 by email to info@waimarino.com
9.2
As proof of sending does not guarantee our receipt of your notice, you
must ensure that you have received an acknowledgement from us, which
will be sent within 3 working days of our receipt and should be retained
by you.
10. LIMITATION OF LIABILITY
10.1
WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY
INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER
EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2 The Website is
provided on an "as is" and "as available" basis without any
representation or endorsement. Unless specified in separate terms and
conditions related to a particular product or service, we make no
warranties of any kind, whether express or implied, in relation to the
Website, or products or services offered on the Website whether by us or
on our behalf (including free software downloads) including but not
limited to, implied warranties of satisfactory quality, fitness for a
particular purpose, non-infringement, compatibility, security, accuracy,
condition or completeness, or any implied warranty arising from course
of dealing or usage or trade.
10.3 Unless specified in separate
terms and conditions related to a particular product or service, we make
no warranty that the Website or products or services offered on the
Website whether by us or on our behalf (including free software
downloads) will meet your requirements or will be uninterrupted, timely,
secure or error-free, that defects will be corrected, or that the
Website or the server that makes it available or products or services
offered on the Website whether by us or on our behalf (including free
software downloads) are free of viruses or bugs or are fully functional,
accurate, or reliable. We will not be responsible or liable to you for
any loss of content or material as a result of uploading to or
downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under New Zealand law.
10.5
You acknowledge that we cannot guarantee and therefore shall not be in
any way responsible for the security or privacy of the Website and any
information provided to or taken from the Website by you.
10.6 We
will not be liable in contract, tort or otherwise if you incur loss or
damage connecting to the Website through a third party's hyper-text
link.
10.7 We will not be liable, in contract, tort (including,
without limitation, negligence), pre-contract or other representations
(other than fraudulent misrepresentations) or otherwise out of or in
connection with the Website or products or services offered on the
Website whether by us or on our behalf (including free software
downloads) for:
10.7.1 any economic losses (including without
limitation loss of revenues, profits, contracts, business or anticipated
savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3
any special or indirect or consequential losses; in any case whether or
not such losses were within the contemplation of either of us at the
date on which the event giving rise to the loss occurred.
10.8
Nothing in the Conditions shall exclude or limit our liability for death
or personal injury resulting from our negligence or that of our
servants, agents or employees.
11 SEVERANCE
If
any part of the Conditions shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed to be
severable from these Conditions and shall not effect the validity and
enforceability of any of the remaining provisions of the Conditions.
12 WAIVER
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
13 SURVIVAL
Each
provision of these Conditions shall be construed as separately applying
and surviving even if for any reason one or other of those provisions
is held to be inapplicable or unenforceable in any circumstances.
14 ENTIRE AGREEMENT
These
Conditions (as amended from time to time) contain the entire agreement
between you and us relating to the subject matter covered and supersede
any previous agreements, arrangements, undertakings or proposals,
written or oral, between you and us in relation to such matters. No oral
explanation or oral information given by either of us shall alter the
interpretation of these Conditions. You confirm that, in agreeing to
accept these Conditions, you have not relied on any representation save
insofar as the same has expressly been made a representation in these
Conditions and you agree that you shall have no remedy in respect of any
misrepresentation which has not become a term of these Conditions save
that your agreement contained in this Clause shall not apply in respect
of any fraudulent misrepresentation whether or not such has become a
term of these Conditions.
15 LAW
The
Conditions will be exclusively governed by and construed in accordance
with the laws of New Zealand whose Courts will have exclusive
jurisdiction in any dispute, save that we have the right, at our sole
discretion, to commence and pursue proceedings in alternative
jurisdictions.
