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Luxury amidst the fiords

Legal & Privacy

Introduction

Fiordlanddiscovery.co.nz (this ‘Website’) is owned and operated by the Fiordland Discovery Ltd trading as Fiordland Discovery (‘FD, ‘we’, ‘us’, ‘our’).

These terms of use constitute an agreement made 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 are agreeing that you have read, understood and accepted these terms of use, and agree to be bound by them and that you are authorised to enter into and perform them.

 


Scope of these Terms and Conditions

These Terms and Conditions cover the website site Fiordlanddiscovery.co.nz and all its sub-domains.

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 is likely to impair or cause damage to the operation of this Website whether by way of a virus, corrupted file, through use of any software or program, or otherwise.

Furthermore you agree not to alter, modify, reproduce, communicate to the public or otherwise deal with the content, software, text, graphics, layout or design of this Website except in accordance with these terms of use.

Intellectual Property

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

Except as permitted in the ‘copyright clearance and permission to use’ sections or with our prior written permission in other cases, you may not in any form or by any means: use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate or otherwise deal in any way with our intellectual property; or commercialise any information, products or services obtained from any part of this Website.

Copyright clearance and permission to use

Images on this Website may be used or reproduced only with our express consent in each instance. You can request consent by applying to us here.

Trade marks

The trade marks appearing on this Website belong to us, our suppliers or our licensors. You must not use or reproduce or allow anyone to use or reproduce those trade marks for any reason without, in the case our trade marks, our prior written permission or, in the case of third party trade marks, the written permission of the owner the relevant trade mark.

Software licensing

All software and accompanying documentation (‘Software’) that is available to be downloaded from this Website is protected by copyright. The ownership of such Software is retained by the copyright holder and is not transferred to you. You are licensed to use the Software in accordance with the terms of the relevant licence agreement for such Software. You must read and confirm your acceptance of the licence agreement that accompanies each item of Software prior to downloading that Software.

Feedback and unsolicited submissions

If you give us feedback about this Website or our products or services, you grant us the right to use that feedback for the purpose of improving our Website or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback.

If you do send us unsolicited ideas they will be treated as ‘user content’ in accordance with these terms of use; and they will be deemed to be non-confidential; and we will not be required to provide any acknowledgement of their source.

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. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

Disclaimers

We do not give any warranty or other assurance as to the content of material appearing on this Website, its accuracy, completeness, timeliness or fitness 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.

Neither FD or our suppliers will, under any circumstances, be liable under the law of tort, contract or otherwise for any loss of income, profits, data or savings or for any indirect, incidental, consequential, exemplary, punitive or special loss or damage of any party (including third parties), however caused, arising out of or in connection with the use of the Website or the reliance on any information on this Website.

If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act shall not apply to those services.

Availability

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

Malicious code

Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this Website, we do not guarantee or warrant 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.

Security

Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this Website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from 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 outbound hyperlink.

Changes

We reserve the right to add to, modify, or remove this Website or any information, feature, specification, or other part of this Website (at any time and without notice to you). 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. Your continuing access or use of this Website following such publication shall be deemed your acceptance of the revised terms of use.

Governing 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.

If you have any questions about the privacy policy and the security of your personal information, please contact:

Fiordland Discovery Ltd.
PO Box 1618
Queenstown 9300
New Zealand.

Or via the Contact form here.

 


Privacy Policy

This privacy policy explains how we may collect, store, use, and disclose any personal information that you provide to us when using this website. Your continued use of this website provides your unconditional consent to us collecting, storing, using, and disclosing your personal information in the manner set out below. This privacy policy is subject to, and must be read in conjunction with, our Terms of Use above.

Our privacy policy is governed by New Zealand laws.

Collection

We may collect your personal information (including, without limitation, your name, email address, phone number, and postal address) when you use this website.  You may decide not to provide your personal information to us. However, if you do not provide it, we may not be able to provide you with access to certain information or services.

Automated collection

When you visit this website, we may use automated technology (such as usage monitoring software, cookies, and sessions) to collect and store certain information about your visit. Please see the Cookies section for more information.

Use and disclosure

We will not use or disclose your personal information except in accordance with the New Zealand Privacy Act 1993. 

We may use your personal information to:

  • verify your identity and to assist you if you forget your username or password for any of the services we provide to you via the Internet;
  • communicate with you;
  • analyse usage of this website;
  • provide you with further information, news, and promotional material; and
  • improve the content of this website and to customise this website to your preferences.

We will not sell, rent, or lease your personal information to third parties.  Your personal information will be made available internally for the above purposes and we may also disclose your personal information to third parties, who have agreed to treat your personal information in accordance with this privacy policy, for similar purposes. By providing us with your personal information, you consent to our using and disclosing your personal information in the manner set out above.

We will only use or disclose personal information that you have provided to us, or which we have obtained about you:

  • for the above-mentioned purposes;
  • if you have authorised us to do so;
  • if we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure;
  • if we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for national security in the performance of their functions;
  • if we believe that the use or disclosure is reasonably necessary to enforce any legal rights we may have, or is reasonably necessary to protect the rights, property and safety of us, our customers, or others; or;
  • if we are authorised, required or permitted by law to disclose the information.

Storage and security

Personal information collected on this website is collected and held by FD. We will take reasonable efforts to protect personal information that is held by us from loss, misuse, unauthorised access, disclosure, alteration, or destruction.

Third party websites

This website may contain hyperlinks to third party websites. We are not responsible for the content of such websites, or for the manner in which those websites collect, hold, use, and distribute any personal information you provide.  When visiting a third party website from hyperlinks displayed on this website, we encourage you to review the privacy statements of those websites so that you can understand how the personal information you provide will be will collected, held, used and distributed.

Right to access and correct

You may request access to, or correction of, any personal information we hold about you by contacting our privacy officer here Contact

To ensure that the personal information we hold about you is accurate and current, please notify us of any changes to your personal information as soon as possible.

Changes to our Privacy Policy

We reserve the right, at our discretion, to update or revise this privacy policy at any time. Changes to this privacy policy will take effect immediately once published on this website.  Please check this privacy policy regularly for modifications and updates.  If you continue to use this website or if you provide any personal information after we post changes to this privacy policy, this will indicate your acceptance of any such changes.

 


Cookies

The FD website uses cookies. A cookie is a small portion of data sent from a website and stored in a user's web browser while a user is browsing a website. When the user browses the same website in the future the cookie data can be retrieved by the website to notify the website of the user's previous activity.

This page describes how FD may use cookies on its websites and provides information on how users can disable cookies.

How do I control cookies?

Your web browser can be set to notify you when cookies are used or to refuse cookies. You can access these settings in your web browser. If you do choose to adjust your browser to not accept cookies you may experience some loss in functionality on fiordlanddiscovery.co.nz

Third party & performance cookies

To give you the richest experience possible, we use a number of third party services such as Facebook and Google Analytics. As a result, when you visit a page with content embedded from one of these sites, you may be presented with cookies from these websites.

We are not responsible for the use of cookies by third party service providers. When using third party services from this website, we encourage you to review each such website’s privacy statements and cookie policies to understand how personal information and cookies are used and dealt with by those third parties.

 


Last update: 3 October 2016