Website Terms of Use

Ruapehu Alpine Lifts – Website terms of use

1. Introduction

http://www.mtruapehu.com/ (‘this website’) is owned and operated by Ruapehu Alpine Lifts Ltd (‘RAL’, ‘we’, ‘us’, ‘our’). These terms of use constitute an agreement between you, the website user, (‘you’, ‘your’) and us. You must not access or use this website unless you accept all of these terms of use. By accessing and using this website you agree that you have read, understood and accepted these terms of use, and you agree to be bound by them. These terms of use shall prevail over any terms contained in any order or offer made by you or any document used by you (which shall have no effect). These terms of use must be read together with other specific terms and conditions shown on this website, where the context permits, including:

2. Your privacy

Where we collect personal information about you as a result of your accessing and using this website, our Privacy Policy will apply to that information. Accordingly, these terms of use must be read together with our Privacy Policy (http://www.mtruapehu.com/winter/privacy/).

3. Changes

We reserve the right to add to, modify, suspend, or remove this website or any information, material, or feature incorporated in this website at any time and without notice. We reserve the right to change these terms of use from time to time by publishing the changed terms on this website. You should review these terms of use periodically to be aware of such changes. By continuing to access or use this website following such publication you accept the revised terms of use.

4. Your use of this website

You agree not to use this website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through any other means. Furthermore you agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of this website otherwise than in accordance with section 8 (Limited permission to use materials) below.

5. Your User Account

We may enable you to create a user account to access certain ‘login required’ areas or functionality of this website (‘User Account’), in which case you must create an account login for your User Account (including a username and password facility) to verify your identity when you use this website. You must ensure that the account details for your User Account are complete and accurate when submitted to us, that the information that you have given is true and correct, and you must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

6. Your username and password

Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party or otherwise make any ‘login required’ areas or functionality of this website available to any other person.

You agree that you are solely responsible for any use of this website by any person using your username and password and you agree to indemnify us against any and all claims arising out of your failure to keep your username or password secure and confidential.

You agree to notify us immediately by email to info@mtruapehu.com of any unauthorised use of your User Account or any other breach of security of which you become aware.

7. Intellectual property

The name and logo of RAL and all trade marks appearing on this website belong to us or our licensors or affiliates. You must not use or reproduce or allow anyone to use or reproduce those trade marks for any reason without our prior written permission in each case.

The materials displayed on this website are protected by copyright and other laws in New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in materials available through this website including text, illustrations, artwork, photographs, video, music, sounds, layout, designs, computer programs, source code, belong to us or to our licensors (together, ‘our intellectual property’).

Except in accordance with section 8 (Limited permission to use materials) below or with our prior written permission, you may not in any form or by any means:

a. use, copy, modify, adapt, reproduce, store, embed, distribute, print, display, perform, publish, or transmit in any way our intellectual property; or
b. commercialise any information, products or services obtained from any part of this website.

You agree to indemnify RAL against any claim, demand, cost, loss or damage incurred by RAL arising out of any infringement, or alleged infringement, by you of any rights of a third party.

8. Limited permission to use materials

You are permitted to download and print extracts of material or content from this website in the following situations only:

a.    for your own personal, non-commercial, use; or
b.    where insubstantial portions of such material or content are quoted in another document provided that an acknowledgement of the source of such materials is provided in each case.

You must not remove, cover, overlay, obscure or change any copyright notices, legends, or terms of use that we post on this website.

9. Feedback and ideas

If you give us feedback about this website or our products or services, we may use that feedback for the purpose of improving our website, products, or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation. If you provide us with ideas as part of your feedback they will be deemed to be non-confidential and we will not be required to provide any acknowledgement of their source.

10. Disclaimers

The information on this site is general information only. Such information is not intended as advice and must not be relied on as such. Certain content, information, or materials available through this website may contain further disclaimers that relate to that content, information, or material. You should consider the advice in light of the above matters.

You acknowledge that if you rely on this website or any materials available through this website, you do so solely at your own risk.

We endeavour to ensure the accuracy of information available through this website and that the content of this website is free from errors. However, information on this website may contain inaccuracies or typographical errors, and we do not give any warranty or other assurance as to the content of material appearing on this website, or its accuracy, operation, quality, functionality, completeness, timeliness or suitability for any particular purpose.

To the maximum extent permitted by law, we provide this website and related information and services on an ‘as is’ basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

The views expressed in any third party material available through this website are not necessarily the views of RAL. We expressly disclaim all responsibility for any third party material and will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information, product, or service provided by any third party.

These terms of use shall not limit or restrict any right you may have under New Zealand law, including the Consumer Guarantees Act 1993, if it is applicable. However, notwithstanding the foregoing, if you are using this application or our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 shall not apply to this application or those services.

11. Liability

To the maximum extent permitted by law, we disclaim all responsibility for any damages or losses (including, without limitation, direct, indirect, special or consequential damages, financial loss, damages for loss of business opportunity, loss of revenue, or profits or other economic losses, loss of, or corruption to, data) whether arising in contract, tort (including negligence) or otherwise from the use of, or inability to use, this website or any material appearing on this website, or from any action or decision taken as a result of using this website or any such material.

If the limitation of liability in the previous paragraph is held to be invalid in whole or in part, then our maximum aggregate liability to you for all damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of one New Zealand dollar (NZD$1.00).

The above exclusion and limitation of liability also apply for the benefit of all directors, officers, shareholders, employees, contractors, and agents of RAL.

12. Availability

Due to the nature of the Internet and electronic communications, we and our service providers do not warrant that this website or any associated services will be error free, without interruption or delay, or free from defects in design. Your use of this website and any associated services may be subject to interruption, unavailability, restriction, or delay. We will not be liable to you should this website or the services supplied through this website become, interrupted, unavailable, restricted, or delayed for any reason.

If you create a hyperlink or hotlink to this website or embed this website in another website, you do so at your own risk. You will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink, hotlink, or embedding and you will indemnify us against all claims arising from, or in connection with, that hyperlink, hotlink, or embedding.

This website may provide links to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for their content (including the accuracy or legality of any linked site or any material contained in a linked site). We provide these links to you only as a convenience, and the inclusion of any link does not imply any endorsement by us of the linked site.

14. Security and malicious code

All information transmitted to you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this website or any hyperlink.

Although we endeavour to prevent the introduction of viruses, Trojans, worms, or other malicious code (together, ‘malicious code’) to this website, we do not guarantee that this website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code.

15. Electronic communications

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our privacy policy.

16. Governing law

This website is controlled and operated by us, from offices within New Zealand. Information and products and services on this website have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not any information, products or services available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand you are responsible for compliance with applicable local law.

These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use.

17. Entire agreement

These terms and conditions (together with all other terms set out on this website) constitute the entire agreement between you and RAL with respect to this website and any products or services, and such terms supersede all prior communications or arrangement (whether electronic, oral, or written) between you and RAL.

These terms of use were last updated on 25 June 2013.


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