Terms Of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS
SITE
The documents, data, information and other materials
(collectively the "Material(s)") contained on the Web Site (the
"Site") are provided by The Hermitage, exclusively for
non-commercial, individual use by prospective and confirmed
Hermitage guests to inquire about or make travel reservations
and related services and for no other purpose (collectively,
"Authorized Users").
BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR
STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS, MATERIALS, OR
CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE
TERMS, CONDITIONS, AND NOTICES IN THIS SITE ("AGREEMENT") WITHOUT
MODIFICATION. If you are not an Authorized User, and if you do not
agree to the terms of this Agreement, you may not use this Site or
download any Materials from it.
THE HERMITAGE reserves the right to change the terms, conditions,
and notices under which the Materials and the Site are offered at
any time.
AGREEMENT FOR USE. You warrant that you are at
least 18 years of age and possess the legal authority to enter into
this agreement and to use this Site in accordance with all terms
and conditions herein. You agree to be financially responsible for
all of your use of this Site (as well as for use of your account by
others, including without limitation minors living with you). You
agree to supervise all usage by minors of this Site under your name
or account. You also warrant that all information supplied by you
or members of your household in using this Site is true and
accurate and without limitation, or any false or fraudulent
reservation. You agree that the reservations facilities of this
Site shall be used only to make legitimate reservations or
purchases for you or for another person for whom you are legally
authorized to act. You understand that overuse or abuse of the
reservation facilities of this Site may result in your being denied
access to such facilities.
For any reservations or other services for which fees may be
charged, you agree to abide by the terms or conditions of purchase
imposed, including, but not limited to, payment of all amounts when
due and compliance with all rules and restrictions regarding
availability of rates, products, or services. You shall be
completely responsible for all charges, fees, duties, taxes, and
assessments arising out of the use of this Site.
WIRELESS RESERVATIONS. Functionality is not
guaranteed with all types of mobile devices in using this Site. In
addition, the connection to a mobile device will not work if your
device is not configured for SSL encryption. You should contact
your service provider directly for technical assistance or any
questions. Please note that security features vary by
carrier/service provider and mobile device. Additional
minutes/charges may apply and may be charged by your mobile
carrier/service provider.
CURRENCY CONVERSION. Room rates are guaranteed
only in hotel's local currency.
LIMITED LICENSE TO VIEW AND COPY. The content
and information displayed on this Site ("THE HERMITAGE Materials")
is the property of THE HERMITAGE and/or other parties. The
downloading, reproduction, or retransmission of THE HERMITAGE
information, other than for non-commercial individual use, is
strictly prohibited.
This Site is to be used by Authorized Users for personal use only.
Commercial uses of this Site are strictly prohibited. If you are
currently an Authorized User, you are granted a limited,
non-transferable, revocable license to view and copy the Materials
solely for your personal use, subject to the restrictions
below.
PROHIBITED CONDUCT. You agree not to: (a) copy,
display, modify, reproduce, or otherwise transfer any of the
Materials to any third party without the prior written permission
of THE HERMITAGE. ( b) interfere or disrupt networks connected to
the Site; (c) use or attempt to use any device, software or routine
which interferes with the proper functioning of the Site or any
transactions being offered through the Site; (d) transmit files,
data or other materials containing a computer virus, corrupted
data, worms, "Trojan horses" or other instructions or design that
would erase data or programming or cause the Site or any equipment
or system to become inoperable or incapable of being used in the
full manner for which it was designed; (e) deliver any
communication to or through the Site which violates any local,
state, federal or international law; (f) deliver any communication
to or through the Site that contains defamatory, libelous, abusive
or obscene material; or (g) deliver any communication to or through
the Site that will infringe upon the rights of any third party.
INTELLECTUAL PROPERTY RIGHTS. This Site and the
Materials contain and reference trademarks, patents, trade secrets,
technologies, products, processes or other proprietary rights of
THE HERMITAGE and/or other parties. No license or right to or in
any such trademarks, patents, trade secrets, technologies,
products, processes and other proprietary rights of THE HERMITAGE
and/or other parties is granted to or conferred upon you.
Reproduction or storage of materials obtained from this Site is
subject to the NZ Copyright Act of 1994. No Materials may be
reproduced, distributed, posted, displayed, uploaded, or
transmitted except as expressly permitted herein. You may not
remove any copyright, trademark notice or proprietary notices from
the Materials; or use the Materials or this Site except as
permitted in this Agreement. The use of any Materials from the Site
on any other internet, intranet, web or other site or computer
environment is prohibited. You may not utilize framing techniques
to frame any THE HERMITAGE trademarks, logos, or other proprietary
information (including images and text). You may not use any meta
tags or any other "hidden text" utilizing our name, trademarks or
other proprietary information.
COPYRIGHT AND TRADEMARK NOTICES. All contents
of this Web site are the copyrighted property of one of the THE
HERMITAGE companies, or their subsidiaries, affiliates, or a
HERMITAGE licensor, as applicable. All contents of this Web site
are protected by New Zealand and international copyright
laws.
THE HERMITAGE is a trade name describing the subsidiary companies
of Aoraki Mount Cook Alpine Village Limited involved in the
hotel business. Trademarks owned by an Aoraki Mount Cook Alpine
Village Limited company may not be used or displayed publicly
without the prior written permission of the owner of the marks,
except for downloaded logos and photographs as provided for
elsewhere on this site. Any rights not expressly granted herein are
reserved.
OWNERSHIP OF MATERIALS. The Materials are
confidential and proprietary information of THE HERMITAGE or its
licensors , as applicable
LINKED WEB SITES. This Site includes links to
other web sites. THE HERMITAGE provides such links solely as a
convenience to you and for informational purposes only. THE
HERMITAGE has not reviewed all of the information on these other
web sites. The inclusion of these links in no way indicates THE
HERMITAGE's endorsement, support or approval of the content,
advertising, products, services, policies or other materials on or
available from such web sites. Neither THE HERMITAGE, nor any other
providers of products or services related to this Site, shall be
responsible for the content of any other web sites and make no
representation or warranty regarding any other web sites or the
contents or materials on such web sites. If you decide to access
other web sites, you do so at your own risk. Other web sites may
include links to the Site. The inclusion of such links does not
indicate the other web site's endorsement, support or approval of
the content, advertising, products, services, policies or other
materials on or available from the Site.
PRIVACY. Your use of the Site is subject to the
THE HERMITAGE Privacy Policy. If you would like to view the privacy
practices please review our Privacy Policy.
SECURITY. If you have been provided with a
login and password, then any such login and password are for your
personal use only. You may not reveal your login or password to
anyone else or permit anyone else to use your login and password to
access the Site. You are responsible for maintaining the
confidentiality and security of your login and password and accept
responsibility for all activities that occur under your account or
password. You must notify THE HERMITAGE immediately in the event
that the security of your login or password has been breached.
DISCLAIMER. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT
ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY
KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES,
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Further THE
HERMITAGE does not warrant the accuracy or completeness of the
information, text, graphics, links or other items contained within
the Materials. THE HERMITAGE may make changes to the Materials, or
the programs, policies or other information described in the
Materials, at any time without notice. THE HERMITAGE makes no
commitment to update the Materials.
LIMITATION OF LIABILITY. IN NO EVENT SHALL THE
HERMITAGE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR
DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE
USE OR PERFORMANCE OF THE SITE OR THE MATERIALS, OR THE PERFORMANCE
OR NON-PERFORMANCE BY THE HERMITAGE OR ANY THIRD PARTY PROVIDERS OF
PRODUCTS OR SERVICES RELATED TO THIS SITE, THIS LIMITATION OF
LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS
BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY,
EVEN IF THE HERMITAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY NOTICE: WE
MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION
OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO
THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION,
E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK
SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR
ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE,
OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
TERMINATION/ACCESS RESTRICTION. THE HERMITAGE
reserves the right, in its sole discretion, to modify your access
or terminate your access to the Site and the Materials or any
portion thereof at any time, without notice
NOTICES. All notices and other communications
permitted or required by the provisions of this Agreement may be
given by electronic mail, conventional mail or, if by THE
HERMITAGE, by posting such notice on this Site. Notice is deemed
given upon receipt by you if sent by electronic mail or
conventional mail, or immediately upon posting to this Site.
MISCELLANEOUS PROVISIONS. Any claim relating to
this Agreement or the Materials shall by governed by the laws of
New Zealand, exclusive of the choice of law rules thereof. This
Agreement constitutes the entire agreement of the parties with
respect to the subject matter hereof and supersedes all prior oral
and written agreements. No failure or delay on the part of THE
HERMITAGE in exercising any right or remedy hereunder or enforcing
the terms and conditions of this Agreement will operate as a waiver
thereof. If any part or provision of this Agreement is found to be
invalid, unenforceable or void, then the remaining portion shall
remain in full force and effect. Headings are for convenience only
and not for use in interpretation of this Agreement.