Terms and Conditions

Terms & Conditions

Last updated: 25th of May 2018

By accessing and using flavoursofplentyfestival.com or bayofplentynz.com or any other website affiliated with Tourism Bay of Plenty, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this website or any website affiliated with Tourism Bay of Plenty.

Definitions

In these Terms and Conditions, unless the context otherwise requires:

• “website” means either flavoursofplentyfestival.com, bayofplentynz.com or noplacelikehome.co.nz.
• “content” means any data, information, pictures, graphics, software and other material used or displayed on the websites.
• “we”, “us” and “our” refer to Tourism Bay of Plenty.
• “terms” and “conditions” mean all of these Terms and Conditions and any changes made to them from time to time.
• “you” means the person accessing or using the website, and “your” has a corresponding meaning.
• Additional terms for particular services offered

You may be required to agree to additional terms and conditions for particular services which Tourism Bay of Plenty may make available to you from time to time through this website prior to being able to use those particular services. Any such additional terms and conditions are to be read in conjunction with these Terms and Conditions.

To the extent of any inconsistency between these Terms and Conditions and any additional terms and conditions, the additional terms and conditions will prevail in relation to the particular services to which those additional terms and conditions apply.

Confidentiality

Information available under the charged services may be subject to confidentiality obligations or requirements. Tourism Bay of Plenty retains the right to make any information confidential. You acknowledge and agree:

• Tourism Bay of Plenty may elect not to supply you with any information that Tourism Bay of Plenty believes is confidential; and/or
• You will comply with any confidentiality obligations notified to you by Tourism Bay of Plenty;
• Further details and requests regarding confidential information can be obtained or made by contacting Tourism Bay of Plenty.

Intellectual property

All copyright and other intellectual property rights in Tourism Bay of Plenty’s websites and mobile applications are owned by Tourism Bay of Plenty unless the content is identified as being the property of another party.

No part of this website may be:

• Distributed or copied for any commercial purpose, nor incorporated in any other work or publication (whether in hard copy, electronic or any other form); or
• Resold, published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, extracts from the website only for informational and non-commercial purposes, used without Tourism Bay of Plenty’s express prior written permission or, in the case of content owned by Tourism Bay of Plenty’s content suppliers, the relevant content supplier’s express prior written consent.

Hyperlinking

Tourism Bay of Plenty reserves the right to prohibit links to this website and you agree to remove or cease any link upon Tourism Bay of Plenty’s request. You may not frame any part of the material on this website by including advertising or other revenue generating material.

Disclaimer

The information provided on this website are for general guidance only. Users of the information contained on this website must make their own assessment of the suitability and appropriateness of the information or services described for their particular use and conditions.

Accessing this website and the downloading of any material is done entirely at the user’s own risk.

All liability excluded

To the fullest extent permitted by law:

• All representations and warranties (whether express, implied or statutory) are excluded, including without limit, suitability, satisfactory quality, fitness for purpose, compatibility, non-infringement, accuracy, security or completeness of this website or the content on, or accessed through it and its associated content; and
• Tourism Bay of Plenty will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with either your access to or use of this website or the content on, or accessed through the website.
• If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded or limited by the above. If you are using this website and any associated content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.
• The exclusions and limits set out in these terms and conditions will also operate for the benefit of Tourism Bay of Plenty’s relevant suppliers, licensors and agents which Tourism Bay of Plenty use to provide its website and mobile applications.

Errors

Although Tourism Bay of Plenty has endeavoured to ensure the content on this website is current, accurate and complete, Tourism Bay of Plenty does not warrant that such content will be current, accurate or complete when you access it. Tourism Bay of Plenty will take action to correct any error or inaccuracy which is brought to its attention.

Third party websites and advertising

This website contains links to third party websites not owned by Tourism Bay of Plenty. If you visit a linked website or contact an advertiser, that dealing will be solely between you and that other website or advertiser at your own risk. These websites, any product or service being advertised (as applicable) or any association with their operators, have not been prepared by and are not controlled by Tourism Bay of Plenty and such links are provided for your convenience only, and do not imply that Tourism Bay of Plenty checks, endorses, approves, investigates or agrees with third party websites this website links to.

To the fullest extent permitted by law, Tourism Bay of Plenty disclaims any and all liability in respect of use of any third-party websites this website links to. We take no responsibility for the Third-Party Content and any representations made.

Privacy policy

See our Website Privacy Policy.

Under 18

By accepting these terms and conditions you acknowledge you are over 18 years of age. If you are under the age of 18, you must only use this website with the consent of your parent or guardian.

No representations

The availability of information on this website does not constitute a recommendation by Tourism Bay of Plenty or any other person. If you enter into any transaction subsequent to accessing this website, you do so entirely in reliance on your own judgement and inquiries and not in reliance on any statements, warranties or representations made to you or to any other person by or on behalf of Tourism Bay of Plenty.

Compliance with law

You agree that you will at all times comply fully with all relevant laws, rules, regulations and orders of all relevant regulatory bodies in relation to any of the information or services made available to you through this website and mobile applications.

Amendments

Tourism Bay of Plenty may at any time and without notice, remove, amend and/or vary any of the content which appears on the website, or cease operating the website in whole or in part. We may also amend these Terms and Conditions from time to time, so you should check and read these Terms and Conditions regularly. By continuing to use this website after any such amendment, you are deemed to have agreed to any amended Terms and Conditions.

Contacting us

If you have any questions or concerns in relation to the website,  or these Terms and Conditions, please contact us via by emailing hello@fopfestival.com or by sending a written request to:

PO Box 13325
Tauranga 3141
New Zealand.