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 MT COOK LODGE & MOTELS, 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.
MT COOK LODGE & MOTELS 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 ("MT COOK LODGE &
MOTELS Materials") is the property of MT COOK LODGE &
MOTELS and/or other parties. The downloading, reproduction, or
retransmission of MT COOK LODGE & MOTELS 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 MT COOK LODGE & MOTELS. ( 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 MT
COOK LODGE & MOTELS 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
MT COOK LODGE & MOTELS 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 MT COOK LODGE & MOTELS 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 MT COOK
LODGE & MOTELS companies, or their subsidiaries,
affiliates, or a MT COOK LODGE & MOTELS licensor, as
applicable. All contents of this Web site are protected by New
Zealand and international copyright laws.
MT COOK LODGE & MOTELS 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 MT COOK LODGE &
MOTELS or its licensors , as applicable
LINKED WEB SITES. This Site includes links to
other web sites. MT COOK LODGE & MOTELS provides such links
solely as a convenience to you and for informational purposes only.
MT COOK LODGE & MOTELS has not reviewed all of the
information on these other web sites. The inclusion of these links
in no way indicates MT COOK LODGE & MOTEL's endorsement,
support or approval of the content, advertising, products,
services, policies or other materials on or available from such web
sites. Neither MT COOK LODGE & MOTELS, 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
MT COOK LODGE & MOTELS 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 MT COOK LODGE &
MOTELS 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 MT COOK
LODGE & MOTELS does not warrant the accuracy or
completeness of the information, text, graphics, links or other
items contained within the Materials. MT COOK LODGE &
MOTELS may make changes to the Materials, or the programs,
policies or other information described in the Materials, at any
time without notice. MT COOK LODGE & MOTELS makes no
commitment to update the Materials.
LIMITATION OF LIABILITY. IN NO EVENT SHALL
MOUNT COOK LODGE 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 MT COOK LODGE &
MOTELS 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 MT COOK LODGE
& MOTELS 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. MT COOK LODGE
& MOTELS 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 MT COOK LODGE
& MOTELS, 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 MT COOK
LODGE & MOTELS 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.