We have taken every effort to design our website to be useful, informative, helpful, honest and fun. Hopefully, we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.

All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the TŪKAHA Rotorua website means that you accept those changes.

Restrictions on Use of Our Online Materials

All Online Materials on the site are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and all other intellectual property are protected by New Zealand and/or International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of TŪKAHA Rotorua or of other owners used with their permission. You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and proprietary notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.

Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by TŪKAHA Rotorua or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.

Submitting Your Online Material to Us

All remarks, suggestions, ideas, graphics, comments, or other information that you send to TŪKAHA Rotorua through our site (other than information we promise to protect under our privacy policy becomes and remains our property, even if this agreement is later terminated.

That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our mission, without compensating you or anyone else for them.

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Limitation of Liability

TŪKAHA Rotorua WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL DAMAGES.”)

WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.

Links to Other Site

We sometimes provide referrals to and links to other World Wide websites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a TŪKAHA Rotorua-operated site or have moved to another site. TŪKAHA Rotorua is not responsible for the content or practices of third party sites that may be linked to our site. When TŪKAHA Rotorua provides links or references to other websites, no inference or assumption should be made and no representation should be inferred that TŪKAHA Rotorua is connected with, operates or controls these websites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any TŪKAHA Rotorua site or endorsement, sponsorship or support of TŪKAHA Rotorua, including its respective employees, agents or directors.

Termination of This Agreement

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all TŪKAHA Rotorua along with all related documentation and all copies and installations. TŪKAHA Rotorua may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our website, we do not in any way promise that the materials will remain available to you. And TŪKAHA Rotorua is entitled to terminate all or any part of any of its website without notice to you.

Jurisdiction and Other Points to Consider

If you use our site from locations outside of New Zealand, you are responsible for compliance with any applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of New Zealand as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate TUKAHA Rotorua and/or its affiliates’ intellectual property rights, TUKAHA Rotorua and/or its affiliates may seek injunctive or other appropriate relief in any New Zealand court, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: New Zealand. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: New Zealand. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

TUKAHA Rotorua may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.

The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, is expressly excluded.

THANKS AGAIN FOR VISITING!

Terms and Conditions

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