Unless otherwise specified, the materials in this website ( www.awaytogo.co.nz ) are presented solely for the purpose of promoting the products of Millennium Hotels and Resorts in New Zealand and other travel and hospitality service providers. This website is controlled and operated by Hospitality Services Limited from its offices in New Zealand. Hospitality Services Limited makes no representation that materials in this website are appropriate or available for us in your location. Those who choose to access this website from locations outside New Zealand do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
1.1 Reference in the Website Terms to "AwaytoGo" are references to Hospitality Services Limited and includes any related company of AwaytoGo (within the meaning of the Companies Act 1993) and its permitted successors and assigns.
1.2 The Website Terms are binding on all users of the site, (referred to as the "Customer"). The Website Terms constitute the entire agreement between AwaytoGo and the Customer for the sale and purchase of goods and / or services through this site and shall supersede any prior representations, agreements, statements or understandings, whether verbal or in writing. Use of the site is deemed to be acceptance of the Website Terms.
2. CHANGES TO TERMS
2.1 AwaytoGo reserves the right, at its sole discretion, to change or otherwise amend the Website Terms. AwaytoGo recommends that the Customer checks the Website Terms periodically for any changes. The Customer's continued use of the site following the posting of any changes constitutes the Customer's agreement to and acceptance of those changes.
3. INVITATION TO TREAT
3.1 The display of any goods and / or services for sale on the site merely constitutes an invitation to treat, not an offer for the sale of goods and / or services. The Customer's order for goods and / or services constitutes an offer to AwaytoGo and the Customer's order is not binding on AwaytoGo until AwaytoGo accepts it. The Customer will be notified by email whether an order has been accepted.
4. PRICE, PAYMENT AND REFUNDS
4.1 Prices are in New Zealand dollars and include GST unless expressly stated. Delivery charges, if applicable, are not included in the prices stated.
4.2 Payment for goods on the website must be made by MasterCard or Visa credit cards, or via Bank Transfer only. Orders are not accepted until the credit card payment is authorised or until the bank transfer has been received.
4.3 Goods and / or services purchased through this website are provided to the Customer by AwaytoGo in the form of a voucher which the Customer must then redeem. Vouchers are subject to further terms and conditions which are detailed on the reverse of the voucher.
4.4 In the event that good and / or services are listed at an incorrect price due to a typographical or pricing information error, AwaytoGo shall have the right to refuse or cancel any orders placed for goods and / or services listed at an incorrect price. AwaytoGo shall have the right to refuse or cancel any such orders at any time prior to delivery regardless of whether or not the order has been confirmed or payment has been received. If payment has been received, AwaytoGo will refund the payment.
4.5 If you wish to cancel your order, you must contact AwaytoGo immediately by e-mail to email@example.com. It may not always be possible to stop an order from being processed or being dispatched, as we endeavour to process orders promptly. A service fee may apply to any cancellation of orders. Vouchers that have been issued are non-refundable and cannot be exchanged.
4.6 All monetary vouchers must be consumed by the guest within the same stay and can not be used in part.
4.7 Please note that surcharges may apply on public holidays.
5.1 The Website Terms, and all issues arising from, or in relation to, the site are governed and shall be construed in accordance with the laws of New Zealand. The Customer agrees to submit to the non-exclusive jurisdiction of the courts of New Zealand.
6.1 Where delivery is requested by the Customer, AwaytoGo will only deliver to street addresses and post office boxes within New Zealand and AwaytoGo will use all reasonable efforts to deliver the voucher(s) to the Customer within the indicative delivery time. Any time for delivery of goods quoted by AwaytoGo shall be approximate only and AwaytoGo shall not be liable to the customer for any failure or delay to supply or deliver any goods and / or services at such time on any grounds whatsoever, including negligence by AwaytoGo.
6.2 A delivery charge applies on all orders. The Customer may, where applicable, select a standard or priority delivery service at time of order entry.
6.3 Upon delivery of voucher(s), title to the voucher(s) shall pass to the Customer and the Customer shall bear the risk of any loss or damage to the voucher from such time.
6.4 In the event that a voucher is lost during transit, the Customer must, within 15 working days of ordering the goods and / or services, provide AwaytoGo written notice giving reasonable particulars of any such alleged damage or partial loss. The Customer acknowledges and agrees that no claim whatsoever shall be accepted by AwaytoGo (or any of its agents) for any damage to, or loss of, vouchers which occurred during transit of same where written notice is not provided to AwaytoGo within this period. On accepting the Customer's claim, AwaytoGo will at its discretion replace or refund the voucher(s) and pay for any additional delivery charges.
7.1 Please note that all vouchers for purchase on this website www.awaytogo.co.nz have a validity of 12 months from date of issue unless stated otherwise on the voucher.
7.2 Nights must be used consecutively unless stated otherwise on the voucher.
8. INTELLECTUAL PROPERTY
8.1 The Customer acknowledges and agrees that, subject to clause 8.2, all content and materials on this website (such as, but not limited to editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks) are owned by or licenced to, and at all times shall remain the property of, AwaytoGo and its agents, and are protected by copyright, trade marks or other intellectual property rights and laws. No content or material on the site may be copied or reproduced, adapted, linked to, broadcast, republished or distributed or used in any way or in any medium without AwaytoGo's prior written consent.
8.2 Some of the materials included on the site, in which intellectual property rights exist, are not owned by AwaytoGo or its agents. The use of such materials has been consented to by the respective proprietors of those rights in New Zealand. Such materials may not be reproduced or used in any manner whatsoever by any party other than AwaytoGo and its agents, or the proprietors thereof. For the avoidance of doubt, AwaytoGo does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or materials on the website or in the user interface of the website.
8.3 The Customer agrees not to attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on this website. You must not transmit through or to our website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.
9.1 If AwaytoGo exercises or fails to exercise any right or remedy available to it, this shall not prejudice AwaytoGo's rights in exercising that or any other right or remedy.
9.2 If any provision of the Website Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Website Terms and the remainder of the provisions in question shall not be affected.
10.1 The inclusion on the site of links to other websites does not imply any endorsement of those websites. AwaytoGo does not monitor the content of any other websites linked to this site and AwaytoGo is not responsible for the content of any of those websites. AwaytoGo will not accept any liability or responsibility for any damage or harm arising in any manner out of the inclusion or accessing of such links. The Customer's linking to any other website from the site is at the Customer's own risk.
11. USE OF SITE
11.1 While AwaytoGo has endeavoured to ensure that the content and material on the site is free from error, AwaytoGo does not warrant its accuracy, adequacy or completeness or that it is suitable for the Customer's intended use.
11.2 The Customer's use of the site is at the Customer's own risk. The Customer agrees that AwaytoGo is not responsible for any damage, harm or injury arising out of the Customer's use of the site, including but not limited to damage, harm or injury arising out of errors or omissions in the material contained on the site. The Customer also agrees that all warranties, conditions and representations in respect of the site (express or implied) are excluded to the fullest extent permitted by law. Neither AwaytoGo nor any of its directors, officers, employees, agents, or other parties involved in creating, producing or delivering the site or the goods and / or services are liable for any direct, incidental, consequential losses including but not limited to indirect or punitive damages arising out of the Customer's access to, or use of, the site, the goods and / or the services.
11.3 While reasonable steps will be taken to ensure that the site is continuously accessible to the public, AwaytoGo cannot and does not warrant that the site will be available over any period or at any particular time. The site may not be continuously available for reasons that may include maintenance and repair, technology or telecommunication failure or other circumstances outside of AwaytoGo's control. AwaytoGo will not accept any liability or responsibility whatsoever for any failure of the site to be available at any particular time.
12.1 AwaytoGo endeavours to provide goods and services to the Customer while holding the Customer's personal information privately, confidentially and securely in accordance with the Privacy Principles and the Privacy Act 1993. AwaytoGo will not sell, or allow third parties access to your information without your approval.
12.2 Within the site, the Customer may also be asked to give personal information. AwaytoGo asks for information that is necessary to process orders and to enable AwaytoGo to fulfil its obligations under the Website Terms or any other agreement that AwaytoGo may have with the Customer. AwaytoGo may also use the Customer's information for future marketing purposes outside those described above. If the Customer does not wish his or her details to be used for this purpose, the Customer will need to check the "opt out" box when providing such information.
12.4 The Customer is not obliged to provide AwaytoGo with this information, although failure to do so may result in AwaytoGo being unable to process the Customer's order or provide the Customer with information which the Customer may wish to obtain through the site.
12.5 If the Customer would like to inspect, correct, update or delete the personal information AwaytoGo holds about the Customer, this can be done by contacting AwaytoGo at firstname.lastname@example.org.
12.6 AwaytoGo will endeavour to ensure that the information the Customer provides is kept secure and confidential and is not released to a third party, except where AwaytoGo is required to do so by law or regulation. However, AwaytoGo will not be responsible for any breach of security caused by third parties and does not represent that the site is completely secure.
13. SITE SECURITY
13.1 AwaytoGo takes Customer's security very seriously. AwaytoGo uses "Secure Socket Layer" ("SSL") encryption, which protects data transmitted using the internet. While all reasonable endeavours are made to ensure the security of data, AwaytoGo makes no warranty in respect of the strength or effectiveness of that encryption and AwaytoGo is not responsible for events arising from unauthorised access of the information you provided by Customers.
14. ONLINE ACCESS
14.1 By clicking the "I accept" button provided, the Customer accepts and acknowledges that the Website Terms, as varied from time to time, will form part of each order the Customer makes through this site, and the Customer further confirms and acknowledges that the Customer will comply with the Website Terms (as varied) at all times.