Terms & Conditions
When purchasing any Vouchers on the Website you also agree to these Customer Terms and Conditions.
As a Customer or Recipient, if you have not read, or if you do not agree with:
a. our Website Terms and Conditions;
c. these Customer Terms and Conditions; and
d. the Voucher Terms and Conditions,
(together, GRAND GESTURES Terms) you are not permitted to purchase or redeem any Vouchers.
1. Operation of Website
1.1. The Website is a venue where we promote boutique and luxury stays and experiences offered by Third Party Suppliers.
1.2. We list Offerings of Third Party Suppliers and we market and promote such Offerings.
1.3. We facilitate the connection between Customers and Third Party Suppliers by marketing the Offerings to you and collecting money from you as a Customer if you wish to purchase a Voucher for an Offering listed on the Website.
1.4. You can purchase the Voucher for yourself or to gift it to someone else.
1.5. Once you have purchased a Voucher, we will refer you to the related Third Party Supplier.
1.6. The Third Party Supplier is responsible for fulfilling its obligations in relation to the Voucher. We have no responsibility with respect to your dealings with Third Party Suppliers, any representations made in relation to the Offering and related Voucher and any issues you may have relating to redeeming the Voucher or partaking in the Offering. Any transaction you enter into is entirely in reliance on your own judgement and enquiries. Any representations made in relation to an Offering are not made by or on behalf of us. We are not acting as agent for you.
2. Purchasing Vouchers
2.1. You must be at least 18 years of age to purchase Vouchers and you must provide all information we require to complete the transaction.
2.2. You confirm and warrant that the information you provide to us or the Third Party Supplier (as a Customer or Recipient) is current, complete and accurate at the time you provide it, and you agree to maintain and update the data as required to keep it so.
2.4. To complete purchase of a Voucher you must pay the Voucher Price using the means available through the Website and you are responsible for any bank fees, credit card fees, currency fees and taxes.
2.5. All Offerings listed on the Website are subject to the related Voucher Terms and Conditions. To the extent there is any inconsistency between the Voucher Terms and Conditions and the Customer Terms and Conditions the Voucher Terms and Conditions will prevail.
2.6. When purchasing a Voucher you must agree to the GRAND GESTURES Terms and, if you gift the Voucher, the Recipient must also agree to the GRAND GESTURES Terms. If you (as a Customer or Recipient) or any other Recipient do not agree to the GRAND GESTURES Terms the Voucher may not be redeemable.
2.7. Customers that nominate another person as a Recipient for the Voucher warrant that the Recipient consents to being contacted by us and Third Party Suppliers in connection with the Voucher.
3. Redeeming Vouchers
3.1. You must contact the Third Party Supplier to redeem a Voucher or if you have any questions in relation to an Offering or the related Voucher. We are not responsible for this.
3.2. There may be a set period of time to redeem a Voucher, as outlined in the Voucher Terms and Conditions. You acknowledge that, after the date of expiry of a Voucher:
a. you may not be able to redeem the Voucher; or
b. it may no longer be redeemable for the related Offering; or
c. it may no longer cover the full cost of the related Offering.
It will be up to the Supplier as to how they deal with Vouchers that have not been redeemed before the date of expiry. We play no part in this process.
3.3. All Offerings listed on the Website are listed by us in good faith, relying on information and content provided by the related Third Party Supplier. The Third Party Supplier is responsible for the representations made in relation to an Offering and redemption and fulfilment of Vouchers related to the Offering. If you have any issues related to this then you will need to contact the Third Party Supplier.
3.4. You acknowledge that we and Third Party Suppliers are entitled to rely and act on any enquiries or instructions by any person purporting to be a Customer or Recipient, as relevant in the context.
4. Errors, Changes and Refunds
4.1. There may be typographical errors, inaccuracies or omissions on the Website, including relating to Offerings, Vouchers and Voucher Terms and Conditions, which we are not liable or responsible for.
4.2. Vouchers cannot be cancelled by you once they have been purchased.
4.3. Vouchers may be cancelled by the Third Party Supplier if they are no longer able to provide the Offering or part of the Offering the subject of a Voucher, in which case you may be entitled to a refund, partial refund, credit or partial credit.
4.4. We are not responsible for any requests for refunds or credits and cannot help you with this. You must contact the Third Party Supplier.
5. Personal use
5.1. The Website, Offerings and Vouchers are provided for personal, non-commercial use. Unless otherwise agreed with us in writing, you must not make any use of the Website, Offerings and Vouchers for commercial gain.
6. Content and IP Rights
6.1. You may view the Content, provided:
a. you only use it for the purpose for which it was posted on the Website; and
b. you otherwise only use it in compliance with the GRAND GESTURE Terms.
6.2. You acknowledge that we are the owner, or an authorised licensee, of all IP Rights vesting in the Content. You may not reproduce or replicate any part of the Content.
6.3. Your use of the Website or the Services does not provide you with any IP Rights in relation to the Website or the Content.
7.1. We merely act as an intermediary between Customers and Third Party Suppliers and you acknowledge that we are in no way liable for any claims by you relating to the Offerings listed on the Website and related Vouchers or redemption of such Vouchers.
7.2. You acknowledge that we are not liable and take no responsibility for any claims, losses, damages, injuries, costs and expenses which may be incurred or suffered by you, directly or indirectly, related to:
a. an Offering listed on the Website or the related Voucher;
b. redemption, or attempted redemption, of any Voucher, including your failure to redeem a Voucher within a period of time or failure of a Third Party Supplier to fulfill its obligations in relation to a Voucher or otherwise failing to meet your expectations;
c. any breach of the Voucher Terms and Conditions, including by you or the Third Party Supplier; and
d. any breach of the GRAND GESTURES Terms.
7.3. Although Content is presented in good faith, we make no warranty or representation about the accuracy or completeness of Content or the content of any Third Party Site. You agree we will not be liable for any damage, loss, claim or expense suffered as a result of reliance on the Content we provide or any Third Party Site provides.
7.4. Our inclusion of links to Third Party Sites does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, operations, products or operators of those Third Party Sites. We take no responsibility for any damage or harm arising out of the inclusion of such links.
7.5. As with any use of online services to provide, upload, store or transmit information, there is a risk of unauthorised access or use of that information by others. You agree you bear the risk that confidential information, including personal information, could be improperly used or disclosed by any other person and you agree that we are not liable for this.
7.6. We take no responsibility for any faulty or broken links between our Website and any Third Party Sites, system unavailability, or for any loss that is incurred as a result of the Website or related links being unavailable. Further, you agree we assume no responsibility or liability for the corruption of any Content.
7.7. Where we are unable to limit liability under the GRAND GESTURES Terms due to an applicable law, you agree that our liability will be limited to the commission we have deducted from the relevant Voucher Price for our services.
You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs), expenses or losses arising (directly or indirectly) out of:
a. your breach of any of GRAND GESTURES Terms;
b. any transactions with any Third Parties, including Third Party Sites;
c. any information you upload or provide to us;
d. your use of the Voucher;
e. any reliance by you on Content;
f. any technical errors or corruption of data on the Website.
9. Dispute Resolution
Where any dispute arises between you and a Third Party Supplier you agree to in good faith use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. You acknowledge that we will not be a party to any such dispute.
We may, at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under the GRAND GESTURES Terms to any person or party.
If any portion of the GRAND GESTURES Terms is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.
12. Applicable Law
These GRAND GESTURES Terms are governed by and will be construed in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand.
No variation of the GRAND GESTURES Terms will be effective unless it is in writing.
14. Enforcement by Third Party Suppliers
You acknowledge that a Third Party Supplier may enforce the GRAND GESTURES Terms against you.
15.1. Grand Gestures NZ Limited ( GRAND GESTURES), operator of the Website and business and owner of related IP Rights, may refer to itself as "we", "our", "us" or "it" throughout any page of the Website, including the GRAND GESTURES Terms.
15.2. You, as a user of the Website, Customer or Recipient, may be referred to as "you", "Customer" or "Recipient".
15.3. In the Customer Terms and Conditions, the following words have the meanings set out below:
Content means GRAND GESTURES Content or Third Party Content.
Customer means the person that has purchased, or is purchasing, a Voucher.
Customer Terms and Conditions means these terms and conditions for Customers and Recipients, which may be updated from time-to-time.
GRAND GESTURES Content means any text, graphics, user interfaces, visual interfaces, photographs, videos, trade marks, logos, sounds, music, artwork, computer code and other material or data that we own or have rights to that is displayed on the Website, or that underlies the Website.
IP Rights means any trade marks, copyright and all other intellectual property rights.
Offering means the boutique and luxury stays and experiences offered by Third Party Suppliers that are listed on the Website.
Recipient means the Customer or, where the Customer has nominated someone else to redeem a Voucher, that person.
Third Party means any party that is not a party to the GRAND GESTURES Terms (i.e. is not you or us), but may include Third Party Suppliers.
Third Party Content means any text, graphics, user interfaces, visual interfaces, photographs, videos trade marks, logos, sounds, music, artwork, computer code and other material or data that a Third Party owns or has rights to that is displayed on the Website, or that underlies the Website.
Third Party Sites means any Third Party website, site or page (including social media sites and pages).
Third Party Suppliers means the third party behind the Offering listed on the Website.
Voucher means redeemable tokens that can be purchased in connection with an Offering listed on the Website.
Voucher Price means the price listed on the Website in relation to an Offering.
Voucher Terms and Conditions means the terms and conditions referred to on the Website with respect to any Offering and any related terms and conditions of the related Third Party Supplier.
Website means www.grandgestures.nz
Website Terms and Conditions means the terms and conditions for the Website, as found at the following link (which may be updated from time-to-time): Click Here.