Aorata Terms and Conditions of Use
1. Acceptance of terms and conditions: These terms and conditions are the terms
on which Aorata allows you access to the web site. By entering and browsing the
pages of the website you accept these terms and conditions. If you do not accept
these terms and conditions you must immediately cease browsing these pages and
exit the website immediately.
2. Amendment of terms and conditions: These terms and conditions may be
amended in whole or in part by Aorata from time to time. Amendments will be
effective immediately upon posting of the amended terms and conditions on this
web site. You are responsible for ensuring you are familiar with the latest
terms and conditions. Your continued browsing of the pages of this web site
represents your agreement to be bound by the terms and conditions as amended.
3. Terminology: In these terms and conditions, the following expressions have
the meanings set out:
'Advertisement' means an advertisement on the web site through which an
advertiser is offering for sale a business or property;
'Advertiser' means the person, organisation or entity who has placed the
advertisement with Aorata;'
'Aorata' means Travel Hops Limited trading as Aorata;
'You', 'your', 'user' are all references to you;
'we', 'us' and 'our' are a reference to Travel Hops Limited; and
'web site' means any Aorata web site through which the Products and/or Services
are offered.
4. Your Obligations:
4.1 Contracts for the sale of land must be in writing to be legally enforceable.
We recommend that you and the purchaser agree in writing the price and terms of
sale for the property or business after each of you has obtained independent
legal advice.
4.2 You must not attempt to damage, interfere or harm the web site, or any
network, or system underlying or connected to them, including by using a robot,
spider, scraper or other automated means to access the web site or information
feature on it for any purpose.
4.3 You must not and must not permit others to:
a. Copy the whole of the web site or any associated software (other than search
software supplied for the specific purpose of facilitating access to the
Advertisements or other content of the web site in accordance with these terms
and conditions);
b. Use the web site in any manner that infringes the intellectual property
rights or other rights of Aorata or any other party.
4.4 As Aorata is not a party to any sale or transaction between you and an
Advertiser, you agree not to involve, or attempt to involve, Aorata in any
dispute or in the resolution of disputes that arise between you and an
Advertiser.
4.5 You undertake that will not use any email address, telephone, fax, cell
phone, address or other contact details provided to you at your request relating
to an Advertiser for any purpose other than to contact the Advertiser about the
specific property or business appearing in their Advertisement
5. Disclaimer:
5.1 You expressly understand and agree that:
a. the web site provides a vehicle for advertisers to display details of a
property or business to potential purchasers. Aorata does not take any part in
the sale other than by providing our web site as a vehicle for advertisement. We
do not act as agent for either the vendor or the purchaser and do not
participate in any sale or transaction; and
b. your use of the web site and any software associated with it is at your
sole risk. The web site and any associated software is provided on an "as
is" and "as available" basis. To the maximum extent permitted by
law and without limiting clause 10.3, Aorata disclaims and excludes all implied
conditions or warranties, including, but not limited to, any warranties of
merchantability, fitness for a particular purpose, and non-infringement.
c. Responsibility for the content of Advertisements appearing on this web
site (including hyperlinks to Advertisers' own websites) rests solely with the
Advertisers. The placement of such advertisements on the web site does not
constitute Aorata's recommendation or endorsement of the advertised property.
The Advertiser is solely responsible and liable for any representation made in
connection with their Advertisement and any web site referred to in that
Advertisement.
d. Advertisements are not pre-screened for content. We accept not
responsibility for any content.
5.2 Aorata does not warrant that:
a. access to the web site will be uninterrupted, timely, secure, or error free,
or
b. that any information provided on the web site is error-free or reliable.
5.3 No advice or information that is obtained by you from Aorata or anyone
else shall create any warranty by Aorata that is not expressly stated in these
terms and conditions.
6. Liability:
6.1 You agree that, to the maximum extent permitted by law, any and all
liability and responsibility of Aorata to you or any other person under or in
connection with these terms and conditions, or in connection with this web site,
or your use of or inability to use this web site is excluded regardless of
whether such liability arises in contract, tort (including negligence), equity,
breach of statutory duty or otherwise. Aorata's liability and responsibility is
excluded in respect of any and all loss or damage, whether direct or indirect,
including, without limitation, loss of profits, loss of data, loss of business
or anticipated savings, general and special damages, and consequential and
incidental loss.
6.2 Without limiting the foregoing, under no circumstances shall Aorata be
held liable for any delay or failure in performance resulting directly or
indirectly from acts of nature, forces, or causes beyond its reasonable control,
including, without limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures, electrical power
failures, strikes, labour disputes, riots, insurrections, civil disturbances,
shortages of labour or materials, fires, floods, storms, explosions, acts of
God, war, governmental actions, orders of domestic or foreign courts or
tribunals, non-performance of third parties, or loss of or fluctuations in heat,
light, or air conditioning.
6.3. To the full extent permitted by law and other than as specifically set
out in this agreement, Aorata excludes all implied and express terms, conditions
and warranties, including warranties as to the fitness of the web site for a
particular purpose.
7. Indemnity: You agree to release, indemnify and keep indemnified us from
and against all actions, claims, costs (including legal costs and expenses)
losses, proceedings, damages, liabilities, or demands suffered or incurred by us
to any person arising out of or in connection with your failure to comply with
these terms and conditions, your failure to completed a transaction, or arising
out of any content or item an Advertiser may make available through the web
site.
8. Alterations/Modifications to Products, Services or Web Site: We reserve
the right to alter or modify the web site from time to time, which may include
the addition or withdrawal of features.
9. System Integrity: We will use its reasonable endeavours to ensure the
availability of the web site, subject to any downtime required for maintenance.
However, and without prejudice to clause 6.2, we take no responsibility for any
system unavailability, or for any loss that is incurred as a result of the web
site being unavailable. Further, we assume no responsibility for the corruption
of any data or information held by us.
10. Force Majeure: Without prejudice to clause 6.2, Aorata has no liability
for any lack of performance, unavailability or failure of the web site, or for
any failure of Aorata to comply with these terms and conditions where the same
arises from any cause reasonably beyond the control of Aorata.
11. No Waiver: If we do not exercise or enforce any right available to us
under these terms and conditions, it does not constitute a waiver of those
rights.
12. Partial Invalidity: If any provision of these terms and conditions
becomes or is held to be invalid, unenforceable or illegal for any reason, and
in any respect, that provision shall be severed from the remaining terms and
conditions, which shall continue in full force and effect.
13. Governing Law: These terms and conditions are governed by the laws of New
Zealand. You submit to the non-exclusive jurisdiction of the Courts of New
Zealand.
14. Intellectual Property Rights: Aorata (or suppliers, as the case may be)
owns all proprietary and intellectual property rights in the web site (including
text, graphics, logos, icons and sound recordings) and the software and other
material underlying and forming part of the services and the web site. You may
not without our prior written permission, in any form or by any means:
a. Adapt, reproduce, copy, store, distribute, print, display, perform, publish
or create derivative works from any part of this web site; or
b. Commercialise, copy, or on-sell any information, or items obtained from any
part of this web site.
15. Entire agreement: These terms and conditions supersede all previous
conditions, understandings, commitments, agreements and representations
whatsoever whether oral or written, and constitutes the entire agreement,
between the parties, relating to the subject matter of these terms and
conditions.
16. Privacy:
16.1 Aorata collects personal information about you through your use of the web
site, including information relating to your use of the web site and the content
you access.
16.2 You agree that Aorata may use the personal information we have collected
as detailed in clause 16.1 above to assist us to provide access to the web site
and its content to you, for internal research purposes, to verify your identity,
for promoting and marketing other Aorata products and services to you, and for
any other use that you authorise.
16.3 We will not sell or allow third parties to access your personal
information without your consent, however you agree that Aorata may disclose
your personal information, including your name and contact details, to the
relevant authorities, parties and/or the applicable intellectual property right
holders (or their representatives) if we consider that you are in breach of this
agreement at any time.
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