WEBSITE TERMS AND CONDITIONS
By accessing the Site, you accept without limitation or qualification all of these Terms and Conditions and any subsequent amendments or variations as we, in our sole discretion, may make from time to time.
This document and the attachments referred to below constitute a legally binding agreement between you and Sports Travel and Hospitality New Zealand Limited (trading as NZC Tours) (NZCTL) and it may be enforced by NZCTL or in NZCTL’s sole discretion any subsidiary undertaking of NZCTL from time to time (and “NZCTL” shall be read accordingly for the purposes of these Terms and Conditions).
These Terms and Conditions set out your rights and obligations and those of NZCTL in relation to your access to and use of the internet site operated by us with the domain name http://www.nzctours.com (the "Site") which expression shall include all emails (including Updates by Email as defined below) or other communications sent to you via the Site or from or on behalf of NZCTL and all information, products, software, services, features and materials contained on or offered in conjunction with the Site.
Anyone who accesses the Site is a visitor (a "Visitor"). Visitors are able to access information about the Site. As a Visitor, you will be able to access material on most areas of the Site.
3.2 System Integrity
You undertake to us that you will not use and that you will not permit the use of any device, software or programming routine that interferes or attempts to interfere with the working and functionality of the Site or otherwise do anything which is outside of the scope of your reasonable use of the Site. You undertake not to take or permit the taking of any action that (in our sole discretion) imposes an unreasonable or disproportionately large load on our infrastructure.
You agree that you will not use any robot, spider, other automotive device or manual process to monitor or copy our web pages or the content contained on the Site without our prior written consent.
The Site and Updates by Email include facts, views, opinions and recommendations of individuals and organisations deemed of interest. We do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations.
The content on the Site, including any research, does not constitute any form of advice, recommendation or arrangement by us and is not intended to be relied upon by users.
Any arrangements made between you and any third party named on this Site are at your sole risk and responsibility.
We, in our sole discretion, may add, delete or change some or the entire Site at any time. The content contained in the Site is presented for informative purposes only. Nothing contained on the Site should be considered a substitute for professional advice and to the extent necessary you should seek the same independently.
4.2 Proprietary information
You acknowledge and agree that the materials used and displayed on the Site including but not limited to text, music, software, sound, photographs, graphics, video, page layout and design, illustration and artwork, names, logos, trademarks, service marks and all other materials are the property of NZCTL/the New Zealand Rugby Union and/or their licensors, and are protected by copyright trademark and other laws and you undertake not to infringe or permit the infringement of the same in any way whether in whole or in part.
You undertake not to modify, copy, reproduce, re-publish, upload, post, transmit, rent, loan, sell, lease, license, sub-license or distribute any material on the Site or create in any way content and/or derivative works based on the content of the Site or the Site itself or services provided by, or on behalf of NZCTL in whole or in part without our prior written consent.
We may give you the option to subscribe to our email service which will give you information on offers, update you on tours organised by us and other events, news or articles which we consider to be of interest to you. Your use of the content received through the email news service will be subject to these Terms and Conditions.
We may provide links to other third-party web sites or resources. These links are provided solely as a convenience to you and are not an endorsement by us of the contents of such third-party web sites. We have no control over such sites and resources and 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 for any content, advertising, product, services, offers or other materials on or available from such sites or resources.
You further acknowledge and agree that we shall not be responsible or liable directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance of any such content, goods or services on or available through any such site or resource. If you decide to access linked third-party web sites you do so at your own risk. Any concerns regarding any external links should be directed to its respective site administrator or web master.
If you would like to link to the Site you must first obtain written authorisation from NZCTL (such authorisation being revocable by NZCTL at any time), must read and comply with the following guidelines and all applicable laws, specifically points (a)-(g) below. A web site that links to the Site:
(a) may link to, but not replicate or otherwise use, the content of the Site;
(b) must not create a frame or any other browser or border environment around the Content;
(c) must not in any way imply that NZCTL is endorsing it or its products or services;
(d) must not misrepresent, or do or permit to be done anything which may reasonably lead to confusion over, its relationship with NZCTL;
(e) must not present false information about NZCTL;
(f) must not be a web site or WAP site that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
(g) must not be a web site or WAP site that contains content that could be construed as distasteful, offensive or controversial.
We expressly reserve the right to request that any link in breach of these terms is removed immediately and to take whatever other action we deem appropriate.
8.1 Termination of these Terms and Conditions
We reserve the right to suspend or terminate your account, which is or appears to us to be in breach of any of the provisions of these Terms and Conditions, including the provision of false registration details or other misuse of the services offered through this Site. If you hold such a suspended or terminated account you may not re-register for the Site without our prior written consent. We may pursue any other remedy legally available to us if you fail to comply with any of your obligations contained in these Terms and Conditions.
If any proceeding is brought by or against you under the bankruptcy or insolvency laws of any jurisdiction, we shall be entitled to terminate these Terms and Conditions forthwith.
You agree to pay, indemnify, and hold NZCTL (and its directors, officers, employees and agents) harmless (and continue to) from any and all liabilities, obligations, losses, damages, penalties, actions, judgements, suits, costs, expenses or disbursements of any kind or nature whatsoever with respect to:
(1) any third party claim, action or allegation of infringement, misappropriation, or violation of copyright, trademark or other proprietary rights of any third party based on any content (including but not limited to your Postings) submitted by you;
(2) any breach of these Terms and Conditions by you;
(3) any third party claim action or allegation brought against NZCTL arising out of in relation to a dispute between Members or in relation to your use or misuse of the Site; and/or
(4) any action taken by NZCTL under your instructions in relation to the use of the Site.
8.3 Disclaimer of Warranties
Your use of the Site and any services offered on or in connection with your use of the Site is at your sole risk. Services provided with the Site are provided on an "as is" and "as available" basis. We to the fullest extent permitted by law disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. We make no warranties about the accuracy reliability, completeness or accuracy of the material, services, software, text, graphics, and links.
We make no warranty or representation that:
(1) the service will meet your requirements;
(2) the service will be uninterrupted, timely, secure or error free; or
(3) the quality of any services information or other material obtained by you through your use of the Site will meet your expectations.
If your use of the Site will require your replacing equipment or data you will be responsible for the costs of such replacement.
If you are dissatisfied with any part of the services the Site or with these Terms and Conditions or any other rules or policies your sole remedy is to discontinue use of the Site.
8.4 Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct (other than for death or personal injury arising directly from use of the Site), indirect incidental, special, consequential or exemplary damages including but not limited to in relation to all types of damages, loss of profits, goodwill, use, data or intangible losses (even if we have been advised of the possibility of such damages) resulting from:
(1) the use or the inability to use the Site or any service provided in connection the Site;
(2) the cost of procurement of substitute and services resulting from any, data, information, services purchased or obtained and messages received and transactions entered into through or from the Site;
(3) unauthorised access to or alteration of your transmissions or data;
(4) statements or conduct of any Member or third party in relation to the Site or;
(5) any other matter relating to the Site or service provided in connection with the Site.
In no event will our liability arising out of or in respect of these Terms and Conditions exceed $500 except in relation to death or personal injury.
Some jurisdictions do not allow the exclusion of certain warranties with a limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this section 8.4 may not apply to you.
8.5 No Association
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between NZCTL and you is intended or created by these Terms and Conditions.
8.6 No Assignment
You may not assign your rights or delegate (or sub-contract) your duties under these Terms and Conditions.
8.7 Suspension or Discontinuance of Service
Without prejudice to Clause 8.1 NZCTL may suspend or discontinue the Site or your access to the Site with or without cause and with or without notice.
8.8 Force Majeure
NZCTL shall not be liable for any failure to perform its obligations under these Terms and Conditions if such failure results from any act of God or other cause beyond its reasonable control (including without limitation, any mechanical, electronic or communications failure).
8.9 Entire Agreement
These Terms and Conditions (as amended from time to time) comprises the entire agreement between you and NZCTL in relation to your use of the Site and governs the use of the Site and any services provided to you in connection with the Site. Without prejudice and subject to Clause 3.1 it replaces and voids any prior agreement between you and NZCTL, whether written or verbal, in relation to the Site or any services provided to you in relation to the Site. You may also be subject to additional terms and conditions when you use affiliate or other NZCTL services, third-party content or third-party software.
We make no claims that the Site is appropriate for any particular purpose or audience, or that it may be downloaded outside of New Zealand. Access to the Site or use of the Site may not be legal by certain persons in certain countries.
Each provision of these Terms and Conditions excluding or limiting liability shall be construed 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.
8.11 No waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
8.12 Law and jurisdiction
All legal issues arising from or related to the use of the Site or any services provided in relation to the Site shall be construed in accordance with and determined by the laws of New Zealand and you hereby agree to submit to the exclusive jurisdiction of the New Zealand Courts.