Terms and conditions of use (9 June, 2004)
Thank you for visiting our website. Cruise Holidays (NZ) Limited and its affiliates
("Cruise Holidays") offers services and programs in many parts of the world. This
website may refer to certain services or programs that are not available worldwide,
without specifically limiting the offers as such. Such reference does not imply
that Cruise Holidays intends to offer such service or programs in all countries
or locations.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
By using this website, you signify your assent to these Terms and all applicable
laws and regulations (including export and re-export control laws). If you do not
agree to these Terms, please do not use this website. We reserve the right, in our
sole discretion, to change, modify, delete or otherwise alter portions of these
Terms at any time. Any such change, modification, deletion or alteration shall be
effective immediately upon posting the same on this website. Please check these
Terms periodically for changes. Your continued use of this website following the
posting of such changes means you accept those changes.
Limited License
You should assume that everything that you read or see on this website is copyrighted
or otherwise protected and owned by Cruise Holidays or some third party who licensed
to Cruise Holidays the right to use such material. Unless otherwise expressly noted,
nothing that you read or see on this website may be copied or used except as provided
in these Terms or with the prior written approval of Cruise Holidays. To obtain
such approval, please call the Manager on (09) 523 7788.
We grant you permission to print individual pages from this website, unless otherwise
expressly noted, for your own personal, non-commercial use in learning about, evaluating
or purchasing Cruise Holidays' services or products. No other permission is granted
to you to print, copy, reproduce, distribute, license, transfer, sell, transmit,
upload, download, store, display in public, alter or modify these materials. This
grant of permission is not a transfer of title, and under this permission you may
not:
- Use the materials for any commercial purpose, or for any public display (commercial
or non-commercial)
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or "mirror" the materials on any other
server
This Limited License shall automatically terminate if you violate any of these restrictions
and may be terminated by Cruise Holidays at any time. The materials contained in
this website are protected by New Zealand copyright and trademark law. Please review
Cruise Holidays' Copyrights and Trademarks pages below for additional details.
We make no warranties or representations to you that your use of any materials displayed
on this website will not infringe the rights of third parties.
Copyrights
Unless otherwise expressly noted, all materials, including images, illustrations,
designs, icons, and photographs appearing anywhere on this website are protected
by worldwide copyright laws and treaty provisions. The copyright on such materials
is held by the original creator of the materials. None of the materials may be copied,
reproduced, displayed, modified, published, uploaded, posted, transmitted or distributed
in whole or in part in any form or by any means other than as described in the Linking
Policy for Travel Agents section below, or with the prior written permission of
Cruise Holidays. All rights not expressly granted in these Terms are reserved. Any
unauthorized use of the materials appearing on this website may violate copyright,
trademark and other applicable laws and could result in criminal or civil penalties.
Trademarks
The trademarks, service marks, logos and graphics (the "Trademarks") appearing on
this website are registered and unregistered Trademarks of Cruise Holidays or others.
Other product names used in this publication are for identification purposes only
and may be trademarks of their respective companies. No license or right is granted
by implication, estoppel or any other means to use any Trademark appearing on this
website.
Any use of Cruise Holidays' Trademarks or linking to other Internet sites through
hyperlinks on this website must follow the terms set out in our Linking Policy for
Travel Agents section below.
Linking Policy For Travel Agents
This website may contain links to or frames of other websites. We try to include
links and frames only to other sites that are in good taste, but we do not control
nor are we responsible for the contents of those sites. Similarly, we cannot guarantee
that such other websites will not change without our knowledge. The inclusion of
a link to or frame of any website does not imply Cruise Holidays' endorsement of
the linked or framed sites or their content. Any concerns regarding any such service
or resource, or any link thereto, should be directed to the particular service or
resource. You may not frame this website without the express consent of Cruise Holidays.
Cruise Holidays encourages links to this website by bona fide travel agents. Any
such links to must conform to the following rules:
Cruise Holidays grants you a limited license to use these logos, which are protected
by Trademark Law, but does not transfer title in these logos to you. The logos may
only be used as an active link to this site. In addition to the above conditions,
use of the logos is subject to the following:
- You may not use the above logos to imply that any portion of Cruise Holidays has
sponsored or endorsed your website without receiving the prior written permission
of Cruise Holidays.
- You may not alter the logos in any way, including proportions or colours, and may
not animate or morph the logos to change their appearance.
- You may not use the logos on any site which, in Cruise Holidays' sole discretion,
disparages or is likely to bring into disrepute, Cruise Holidays or its respective
products or services.
- The logos may only be used on web pages which, in Cruise Holidays' sole discretion,
make accurate references to Cruise Holidays and its products and/or services. The
logos must be placed on the same page as the reference to Cruise Holidays and as
close to the reference as feasible.
- Any link to this website must only be to the home page. As an example, the home
page of various Cruise Holidays websites may be viewed and accessed from the link
displayed beneath the logos listed below. No "deep linking" to other pages on this
website is permitted without the Company's prior written consent.
- Cruise Holidays may, in its sole discretion, terminate your right to use these logos
at any time. Cruise Holidays may take action against any use of the logos that does
not conform to these policies or that infringes any right held by Cruise Holidays
and will actively seek the recovery of any costs it may incur preventing any such
misuse or damages that may result from such misuse.
Other Logos and Graphics
No logos or graphics other than those listed here may be used without the prior
written approval of Cruise Holidays. Any unauthorized use of any materials contained
on this website may result in criminal or civil penalties.
Warranties and Disclaimers
Cruise Holidays has used reasonable efforts in collecting, preparing and providing
quality information and material, but does not warrant or guarantee the accuracy,
completeness, adequacy or currency of the information contained in or linked to
this website. Users of information from this website or any of its links do so at
their own risk. We assume no liability or responsibility for any errors or omissions
in the content of this website. While Cruise Holidays may make changes to the information
in this website or to any Cruise Holidays' service or product at any time without
notice, Cruise Holidays makes no commitment to update the information on this website.
THE FOLLOWING EXCLUSIONS OF IMPLIED WARRANTIES AND LIMITATIONS OF LIABILITY APPLY
TO THE EXTENT PERMITTED BY LAW. WHERE THIS WEBSITE IS USED FOR BUSINESS PURPOSES,
THE CONSUMER GUARANTEES ACT 1993 SHALL NOT APPLY.
THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, ANY WARRANTY FOR
INFORMATION SERVICES OR OTHER SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION
WITH THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRUISE HOLIDAYS DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CRUISE HOLIDAYS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CRUISE HOLIDAYS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE OR IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT CRUISE HOLIDAYS) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CRUISE
HOLIDAYS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEBSITE, EVEN IF CRUISE HOLIDAYS
OR A CRUISE HOLIDAYS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL CRUISE HOLIDAYS' TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAYABLE BY YOU,
IF ANY, FOR ACCESSING THIS SITE.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of New
Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand
courts.
Privacy Policy
At Cruise Holidays, we are committed to protecting the personal information that
you share with us through the Internet.
This statement sets forth our privacy policy regarding information you provide to
us through the use of our website. This statement also provides you with information
on how to prevent your personal information from being collected or shared when
you visit our website, how to access or correct your personal information held by
Cruise Holidays and how to respond to our web-based promotions or send us an e-mail.
The Information We Gather
We collect information about you through two principal means: through technology
(for example, IP addresses and cookies) and through your voluntary submission of
information.
1. Non-Personally Identifiable Information
Using technology, our sites can collect information about the type of browser you
are using and your operating system. and None of this information is considered
personally identifiable information. As technology evolves, additional methods of
information gathering may be used, such as "pixel tags" (also known as "web beacons"
and "clear gifs"). We also use cookies and other technologies to collect non-personally
identifiable information for a variety of purposes, such as to improve the design
and content of our website and to enable us to provide a more personalized experience
when you browse the Internet. Most industry-standard Web browsers have an option
that allows you to turn off all cookies or have your computer inform you each time
that a request to place a cookie is being made. If you turn cookies off (or refuse
to accept a request to place a cookie), you may not have access to some features
on our websites and some of our services, such as purchasing a cruise or being automatically
recognized as a loyalty member. We may provide aggregate non-personally identifiable
information to third parties (such as marketers, ad-server companies and advertisers)
that make use of general customer data. We may also share that information with
concessionaires aboard our ships and other third parties. Cruise Holidays is not
liable for information that is inaccurate due to technical defects in software used
on our websites, whether induced by our systems or by software provided by third
parties.
2. Personally Identifiable Information
Our sites can collect information abut your IP address information. An IP address
is a number that is automatically assigned to your computer and is recognized by
Web technology whenever you are surfing the Internet. This information may be personally
identifiable. You can use this website without being required to divulge any further
personally identifiable information to us. To participate in or use some of the
activities available (such as purchasing a cruise or entering a contest or contacting
us) you may be required to provide certain personally identifiable information (such
as your name and e-mail address). In addition, in connection with some activities,
such as purchasing a cruise, we collect additional personally identifiable information
such as your date of birth, street and billing address and credit card number. When
corresponding with you via e-mail, we may use a variety of technologies, such as
"clear gifs" or "web beacons," to let us know, among other things, whether you received
and opened our e-mail. The clear gif included in the e-mail may establish a cookie
on your system that further allows us to tailor information to fit your personal
interests. Cruise Holidays will not disclose, trade, sell or share such personally
identifiable information to or for use by any third parties, unless we have been
authorized by you or are required or permitted by law to do so. The term "third
parties" does not include any subsidiaries or affiliates of Cruise Holidays, service
providers or vendors acting on Cruise Holidays' behalf or travel agents or the purchaser
of substantially all of the assets of Cruise Holidays or a subsidiary or affiliate
of Cruise Holidays. Our policy is to require that any third parties who we provide
such personally identifiable information to (which we will do only in the circumstances
set out above) will:
(i) keep that information confidential; and
(ii) use it in accordance with these Terms.
We reserve the right to disclose personally identifiable information, without notice,
if we believe that such action is necessary to defend and protect the rights or
property of Cruise Holidays and its websites or to protect the personal safety of
users of Cruise Holidays, its websites or the public.
Your credit card number is used to process your request for products or services
and will not be shared with third parties that are not involved with the transaction.
How We Use the Information Gathered
We use the information that you share with us for these purposes:
To provide the products, services or membership benefits you request
To improve the content of our site and enhance your cruise-planning experience
To ensure proper billing
To measure consumer demand or interest in various offerings
For marketing and promotional purposes, including to provide you with information
about products and services offered by Cruise Holidays and its subsidiaries and
affiliates.
How Do I Access or Correct My Personally Identifiable Information Or Tell Cruise
Holidays That I Don't Want to Be Contacted?
Any personal information that you provide to Cruise Holidays will be collected and
held by Cruise Holidays at Cruise Holidays NZ Ltd, 3A/95 Ascot Avenue, Greenlane, Auckland 1051, New Zealand.
Under the Privacy Act 1993, all individuals have rights of access to and correction
of their personal information. To access or correct your personal information, send
us an e-mail.
Additionally, this website may provide you the opportunity to choose to receive
communications from us when we request information from you. In these situations,
you always have the option of removing your name from our e-mail mailing list(s)
so that you will not receive further e-mail promotional communications from us.
In order to ensure immediate removal from any list, it is best to follow the specific
instructions outlined within the communications you receive from us.. If you are
unable to complete the process indicated in such communications, send us an e-mail.
Links and Third Parties
This website may provide links to resources that we believe may be useful. These
links will lead you to websites operated by third parties that operate under different
privacy policies. We encourage you to review those privacy policies, as we have
no control over information you may submit to those third parties.
This website may use third parties, such as ad-server companies, to present or serve
advertisements that you may see on our website and may also include advertisements
placed by third parties. Our privacy policy does not cover any information collected
by those third parties nor does it cover how they may use such information.
How Do We Protect Your Information?
Security for all personally identifiable information is extremely important to us.
To prevent unauthorized access, maintain data accuracy and ensure the correct usage
of information, we monitor and adjust our physical, electronic and managerial procedures
to safeguard and secure the information we collect online.
Unfortunately, we cannot guarantee that data transmitted over the Internet will
always be secure. As a result, while we strive to protect your personally identifiable
information, we cannot ensure or warrant the security of any information you transmit
to us or from our online products and services and you do so at your own risk. Upon
receipt of your transmission, we strive to ensure the security of that information
in our systems.
Privacy Policy Updates
By using this website, you signify your acceptance of this Privacy Policy. Cruise
Holidays reserves the right to modify, alter or otherwise update this policy at
any time. Visitors are encouraged to review this policy from time to time to stay
abreast of any changes. Your continued use of this website following the posting
of any changes to this policy means you accept those changes.
Questions or Comments?
If you have any further questions or comments regarding our Privacy Policy, please
send us an e-mail with your questions or comments.