These Website Terms and Conditions may be amended from time to time and we encourage you to regularly check this section on the Website to ensure you are aware of our current Website Terms and Conditions. By continuing to use the Website, you agree to be bound by the amended Website Terms and Conditions.
1. Operation of the 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. You may browse our Website to view the Offerings and other content on our Website, subject to these Website Terms and Conditions.
1.4. If you would like to purchase a Voucher you must agree to our Customer Terms and Conditions.
2. Use of the Website and Content
2.1. You agree you will not use the Website or Content in any manner that is unlawful or prohibited by the Website Terms and Conditions.
2.2. Without limiting clause 2.1, you agree you will not (directly or indirectly):
- a. hack into any part of the Website or Content through password mining or other means;
- b. commit or encourage a criminal offence;
- c. defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy) of others;
- d. disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other Users;
- e. impersonate any other person, or forge any material in order to disguise the origin of any Content or communications sent through the Website;
- f. transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us, or harvest information about other Users in order to transmit or facilitate the transmitting of such materials;
- g. attempt to modify, reverse engineer or reverse-assemble any part of the Website or Content;
- h. breach any applicable laws or regulations; or
- i. engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the Website Terms and Conditions, the Customer Terms and Conditions (where relevant) or is otherwise inappropriate for the Website.
2.3. We reserve the right to prevent you from accessing the Website if we reasonably believe you have breached the requirements set out in clauses 2.1 or 2.2, and you agree not to access the Website if we ask you not to on this basis.
2.4. Without limiting clauses 2.1 and 2.2, you agree you will not provide to us or post or transmit any content, data or information on the Website or any website or social media site linked to or associated with the Website that:
- a. is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable;
- b. is or is reasonably likely to be unsuitable for persons under the age of 18 years;
- c. infringes the IP Rights of any person;
- d. infringes any confidentiality or privacy obligations or other contractual or legal obligations owed to any Third Party;
- e. is incorrect or inaccurate;
- f. is false or misleading or deceptive;
- g. contains any virus (including malware or spyware) or other destructive component;
- h. is prohibited by or violates any applicable laws or regulations; or
- i. otherwise breaches the Website Terms and Conditions or, where relevant, the Customer Terms and Conditions.
2.5. We reserve the right to remove any content, data or other data or information which we reasonably believe breaches the requirements set out in clause 2.4.
3. Content and Intellectual Property
3.1. You may view the Content visible on the Website, 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 Website Terms and Conditions and, where relevant, the Customer Terms and Conditions.
3.2. 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.
3.3. Your use of the Website or the Services does not provide you with any IP Rights in relation to the Website or the Content.
4. Links to Third Party Sites
4.1. The Website may include links to Third Party Sites. If you visit a Third Party Site, you will be subject to the terms and conditions of that site and any dealing will be solely between you and that Third Party Site. These links do not imply our endorsement of that Third Party Site or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website.
4.2. The Website may be linked to various social networking sites. You acknowledge and agree that:
- a. any comments or content that you post on such social networking sites are subject to the terms and conditions of the social network site that you post the comments or content on; and
- b. we are not responsible or liable for any comments or content you or others post on social networking sites.
5.1. We do not control all of the Content on the Website. If you become aware of any Content that is incorrect, inaccurate or otherwise inappropriate please notify us and we will review the Content and where we consider appropriate take steps to remove it or have it updated or corrected.
5.2. We do not warrant or guarantee:
- a. the accuracy or correctness of the Content on the Website;
- b. that the Content will be free from viruses (including malware or spyware) or other destructive properties; or
- c. that the operation of the Website will be uninterrupted or error free,
and you acknowledge we will not be liable for any loss or damage arising directly or indirectly from the above. You acknowledge that the risk as to the operation and performance of the Website and the accuracy and adequacy of the Content on the Website lies with you.
5.3. The Website contains Content that is developed and/or provided by Third Parties. We:
- a. do not endorse or warrant any Third Party Content used, displayed or available on the Website; and
- b. take no responsibility for the Third Party Content and any representations made.
5.4. To the fullest extent permitted by law, we exclude all liability and responsibility we may have to you or to any other person under or in connection with these Website Terms and Conditions. This exclusion applies regardless of whether such liability arises in contract (including breach of implied warranty), tort (including negligence), equity, breach of statutory duty or otherwise, and includes liability for any incidental, consequential, exemplary, special, or indirect damages (including loss of profits, revenues, data and/or use).
5.5. You must take reasonable steps to mitigate any loss, damage, cost or expense you may suffer or incur arising out of anything done or not done in connection with the Website or these Website Terms and Conditions. We will not be liable for any liability caused by your failure to mitigate any loss, damage, cost or expense.
5.6. Where we are unable to limit liability under these Website Terms and Conditions due to an applicable law, you agree that our liability will be limited to the commission we have received in relation to our Services provided to you.
6.1. 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 the Website Terms and Conditions;
- b. any transactions with any Third Parties, including Third Party Suppliers;
- c. any reliance by you on Content on the Website or any link to a Third Party Site;
- d. any conduct of yours or any transaction entered into by you that does not comply with the relevant laws or regulations;
- e. any technical errors or corruption of data on the Website.
7. Changes to Website and Services
We may at any time without notice remove, amend and/or vary any of the Content on the Website or the Services or cease operating the Website in whole or in part.
8. No Waiver
No failure or delay by us to exercise any right or remedy provided for under the Website Terms and Conditions, or by law, will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that, or any other, right or remedy.
9. Dispute Resolution
Where any dispute arises in relation to your use of the Website 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.
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 these Website Terms and Conditions to any person or party.
If any portion of these Website Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.
12. Applicable Law
These Website Terms and Conditions 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 these Website Terms and Conditions will be effective unless it is in writing.
14. Enforcement by Third Party Suppliers
You acknowledge that a Third Party Supplier may enforce the Website Terms and Conditions 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 Website Terms and Conditions.
15.2. You, as a user of the Website, Customer or Recipient, may be referred to as "you", "User", "Customer" or "Recipient".
15.3. In the Website 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 our terms and conditions for Customers and Recipients, as found at the following link (which may be updated from time-to-time): Click Here.
- 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 Website Terms and Conditions (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.
- Services means the services advertised or provided on the Website.
- User means any user of the Website, including Customers and Recipients.