Disclaimer

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Disclaimer

Although information prepared and acknowledged by us has been produced and processed from sources believed to be reliable, subject to any non-excludable rights no express or implied warranty is made regarding the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any information.

This disclaimer applies to both isolated and aggregate uses of the information. If you find any errors or omissions, please report them to the Web Administrator.

Liability
Subject to any non-excludable rights, use of the site is entirely at your own risk. In no event will we be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the site, or arising from your purchase or inability to purchase any goods or services promoted on the site, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages.

Without limitation, this exclusion of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material.

If circumstances arise where you are entitled to claim damages from us notwithstanding the provisions of these conditions (for example, pursuant to any non-excludable rights), our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us) is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again (at our election).

Indemnification
You must indemnify us and the hosts, operators, developers of and contributors to the site and keep each of them indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of them arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the site.

Third party material
The site may include content or references supplied by users or other third parties (third party material). We do not monitor and accept no liability for third party material.

Any opinions, advice, statements, services, offers or other information contained in third party material, is the responsibility of the respective author(s), distributor(s) or providers of that third party material.

We make no representation and give no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of the content of any third party material or the identity, knowledge or qualifications of any third party material provider.

Your access to and reliance on third party material is entirely at your own risk.

References in third party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its sponsorship, endorsement or recommendation by us, and such references shall not be used for advertising or product endorsement purposes.

Links to third party web sites
Links to third party web sites from the site are provided solely as a convenience to you. We make no representation as to the intellectual property rights of any material available on the linked third party web sites and accept no responsibility for any broken or redirected links.

The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party web site or its content.

We do not review and monitor any linked third party web sites and neither the us nor its contributors are responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party web site.

It is your responsibility to evaluate the content and usefulness of information obtained from other sites. Your access to and reliance on any third party web site is entirely at your own risk.

Inappropriate content
You acknowledge that neither we nor the hosts, operators or developers of the site are liable for defamatory, offensive, illegal or inappropriate content available at the site or accessed from the site and that the risk of injury from such content rests entirely with you.

You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material containing a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties.

Viruses
We cannot and do not guarantee or warrant that any files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.

Links from other sites to this site
Other sites may only link to the site with our prior written permission. Any site that links to the site:

Must link to our home page
Must not replicate site content
Must not create a browser or border environment around site content
Must not imply any endorsement by us
Must not misrepresent its relationship with us
Must not present false information about our products
Must not use our name or logos without prior written permission.

Security and availability
There are many inherent risks involved in operating a web site and transmitting information over the Internet. Unauthorised access and faults in computer systems and networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the Internet.

Consequently, we are unable to warrant that the site will be free from such risks or that your use of the site will be uninterrupted or error free.

Copyright
We or third parties own and retain the copyright and other intellectual property rights in the materials found at the site including without limitation web pages, documents, text, designs, graphics, audio and video.

Unless otherwise expressly stipulated by us, you may only use the site for your personal use and may only print or make an electronic copy of information available on the site for that purpose.

You must not sell or otherwise commercially exploit any information made available at the site. You must ensure that all copyright notices are retained in any material copied from the site.

Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials from the site in whole or in part without our prior written permission.

If you breach any of these conditions, then (without limiting your other liabilities) your authorisation to use the site automatically terminates and you must immediately destroy any downloaded or printed materials.

By submitting any material to the site or to us in connection with your use of the site, you thereby assign all intellectual property rights in that material to us. You must not submit material to the site if a third party has any intellectual property rights in that material.

Sale of goods or services
Unless otherwise stipulated by us, any sale of goods or services from the site is subject to the following conditions:

Fulfillment – we will endeavor to provide excellent, accurate and fast fulfillment of any orders placed using the site. However, we are not liable for delays caused by suppliers, postal and courier companies or any other circumstances.

Currency – All transactions are in New Zealand dollars. If any amounts are shown in other currencies these are only indicative and may vary due to exchange rate variations at the actual time of transaction.

Credit card use – If credit card payment is facilitated by the site, we undertake to use credit card details only as specified by you in relation to purchases made on the site. Illegal use of credit cards is a serious crime. We will report any suspicious activity and disclose all relevant evidence to credit card companies and law enforcement authorities.

Identity fraud – You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the site.

Errors in description or pricing – Errors may occur in the description or pricing of products or services offered on the site. We may cancel any transaction if any such error occurs, notwithstanding any confirmation of an order or acceptance of payment.

Any supply of goods or services by us is subject to any express written warranties offered by us or a third party. Subject to any non-excludable rights, all other express and implied warranties relating to such goods and services are hereby excluded and the provisions of the above clause (liability arising from use of the site) apply.

Severance
If any provision of these conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any remaining provisions.

Changes to conditions, site content or access
We may revise these conditions at any time by updating this web page. You are bound by such revisions and should therefore regularly revisit this page to review the then current conditions by which you are bound. Your continued use of the site after a revision of these conditions evidences your acceptance of that revision.

We may modify the content, nature or accessibility of the site as and when it sees fit. These conditions will continue to apply even if you cease to be permitted or able to use the site.

Definitions
“Us” and “we” means NZdirect including its officers, employees, agents, contractors and contributors of site content.

“Non-excludable rights” means any conditions, warranties, rights or remedies which you may have pursuant to the Trade Practices Act 1974 or other legislation to the extent that those rights and remedies cannot be excluded by agreement;

“Site” means any part of this and any other web site operated by or on behalf of us;

“Use” includes access or use or attempted access or use of any part of the site;

“You” means any person who uses the site.

Privacy provisions for this web site

Privacy and us

NZdirect (“we”, “us” or “our”) has adopted the following principles with respect to the privacy of personal information collected through this website (“Site”).

By accessing and using our Site or by submitting information to us, you consent to our collection and use of personal information including information regarding employment and health in accordance with this Privacy Statement.

Collection and use of submitted information

We may collect and retain personal and other information about you (“submitted information”) when:

You send us an email.
You complete and submit an online form.
A third party submits information about you to us.
The submitted information which we retain may include your email address and personal or commercial information which relates to the operation of our business and this site.

It is not practicable for submitted information to be provided to us anonymously.

You acknowledge and agree that submitted information may be used by us to the extent reasonably required in connection with the operation of our business.

This use may include the disclosure of submitted information to our agents and other third parties where reasonably necessary.

Whilst we endeavour to implement reasonable security precautions, we are unable to guarantee that unauthorised access to information submitted to us by you will not occur, either during transmission of that information using the Internet or after we receive that information.

If you submit information to any other site accessed through a link from our Site, the privacy principles applying to any information you submit to that site are outside our control. You should check the privacy policies of any other site before submitting information to that site.

Collection and use of cookies & clickstream data
We do not use cookies (a cookie is a small amount of data that some websites place on your computer when you visit them – a website may use cookies to track the pages you have visited).
When you visit our website, our servers record:

Your server (IP) address and machine name.
The date and time of visit to this website and time spent on particular pages.
Pages accessed and documents downloaded.
The number of bytes transmitted and received for each request.
The previous site or page visited.
The search engine and keywords used.
Any linked referral.
The type of browser used and its operating system (collectively called “clickstream data”).
We may examine clickstream data to determine the traffic through the server as well as access levels to specific pages. No attempt will be made to identify you or your browsing activities from clickstream data except in the circumstances specified below.

If we or any authority suspect that unauthorised access or use of the Site has occurred or may occur or be attempted, we may gather, use and disclose more extensive information than indicated above regarding access or attempted access to the website for the purposes of prevention, detection, investigation or prosecution.

Access to personal information
We will provide you with access to your personal information on reasonable request and subject to your agreement to pay our access charges if:

It is practicable for us to do so and we have no other reasonable grounds for refusing access.
The request is not frivolous or vexatious.
Access will not have an unreasonable impact on the privacy of others.
The information does not relate to existing or anticipated legal proceedings (other than information accessible through the discovery process).
Access will not reveal our intentions in relation to any negotiations with you.
Access is not unlawful.
Denying access is not required or authorised by law.
Access will not prejudice any prevention, detection, investigation or prosecution of possible unlawful or improper activity.
We will correct any errors in the personal information which we collect about you upon receipt of written evidence from you which satisfies us that a correction is required.

Contact us
If you have any concerns or questions, please contact us on +64 3 5466338 or email us tours@nzdirect.co.nz
Please note information sent by email is not necessarily secure.