TERMS OF USE AND PRIVACY STATEMENT |
Please also refer to:
Cancellation Policies
Please review the following terms and conditions concerning your use of the Web site.
By accessing, using or downloading any materials from the Web site, you agree to follow and be bound by these terms and conditions (the "Terms"). Bodyhaven Boutique Spa reserves the right to change the Terms at any time and in its sole discretion. In case of any violation of the Terms, Bodyhaven Boutique Spa reserves the right to seek all remedies available to it in law and in equity.
OWNERSHIP
You acknowledge that all materials provided on this Web
site, including but not limited to information, documents, products,
logos, graphics, sounds, images, software, and services ("Materials"),
are provided either by Bodyhaven Boutique Spa or by their respective
third party authors, developers and vendors ("Third Party Providers")
and the underlying intellectual property rights are owned by Bodyhaven
Boutique Spa and/or its Third Party Providers. Elements of the Web
site are protected by trade dress and other laws and may not be
copied or imitated in whole or in part. Bodyhaven Boutique Spa,
the Bodyhaven Boutique Spa logo, and other items referenced herein
are trademarks of Bodyhaven Boutique Spa, and may be registered
in certain jurisdictions. All other product names, company names,
marks, logos, and symbols may be the trademarks of their respective
owners.
LIMITED LICENSE; RESTRICTIONS
Subject to the terms and conditions
of this Agreement, Bodyhaven Boutique Spa hereby grants you permission
to display, cache, and download Bodyhaven Boutique Spa's Materials
on this Web site provided that: (1) you display the relevant ownership
notices provided with the Materials; (2) Except as provided in a
separately executed Agreement between you and Bodyhaven Boutique
Spa, the use of such Materials is solely for your personal, non-commercial
and informational use and will not be used for commercial gain;
and (3) the Materials are not modified in any way. This permission
terminates automatically without notice if you breach any of these
terms or conditions.
Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Bodyhaven Boutique Spa or the Third Party Provider. Also, you may not "mirror" any Materials contained on this Web site on any other server without Bodyhaven Boutique Spa's prior express written permission.
Except where expressly provided otherwise by Bodyhaven Boutique Spa, nothing on this Web site shall be construed to confer any license under any of Bodyhaven Boutique Spa's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Bodyhaven Boutique Spa. Bodyhaven Boutique Spa does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Bodyhaven Boutique Spa.
Any unauthorised use of any Materials contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
TERMINATION OF SERVICES/WEB SITE
Bodyhaven
Boutique Spa may modify or discontinue its Web site or the Materials
provided here at any time, with or without notice to you. Bodyhaven
Boutique Spa will not be liable to you or any third party as a result
of such modification or discontinuation. Bodyhaven Boutique Spa
reserves the right, in its sole discretion and at any time, to terminate
your access to the Web site and/or any of its services without liability
to you or any third-party. In addition, access to the Web site may
be monitored by Bodyhaven Boutique Spa. Upon termination of these
Terms, you will immediately destroy any downloaded or printed Materials.
LINKS TO THIRD PARTY SITES
This Web site may
contain links to Web sites controlled by parties other than Bodyhaven
Boutique Spa. Bodyhaven Boutique Spa is not responsible for and
does not endorse or accept any responsibility for the contents or
use of these third party Web sites. Bodyhaven Boutique Spa is providing
these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Bodyhaven Boutique Spa of the
linked Web site. You should refer to the policies posted by other
Web sites regarding privacy and other topics before you use them.
It is your responsibility to take precautions to ensure that whatever
you select for your use is free of viruses or other items of a destructive
nature.
FEEDBACK
Except where expressly provided otherwise
by Bodyhaven Boutique Spa, all comments, feedback, information or
materials submitted to Bodyhaven Boutique Spa through or in association
with this Web site ("Feedback") shall be considered non-confidential
and Bodyhaven Boutique Spa's property. By providing such Submissions
to Bodyhaven Boutique Spa, you agree to assign to Bodyhaven Boutique
Spa, at no charge, all worldwide rights, title and interest in copyrights
and other intellectual property rights to the Submissions. Bodyhaven
Boutique Spa shall be free to use and/or disseminate such Submissions
on an unrestricted basis for any purpose. You acknowledge that you
are responsible for the Submissions that you provide, and that you,
not Bodyhaven Boutique Spa, have full responsibility for the Submissions,
including their legality, reliability, appropriateness, originality
and copyright.
DISCLAIMER
THE MATERIALS ON THE WEB SITE ARE
PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY,
AND Bodyhaven Boutique Spa HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT
TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Bodyhaven Boutique Spa MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES,
OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR
COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE OR
ANY OTHER WEB SITE REFERENCED BY THIS WEB SITE
LIMITATION OF LIABILITY
IF YOU ARE NOT SATISFIED
WITH OUR WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF
THE WEB SITE. Bodyhaven Boutique Spa SHALL NOT BE LIABLE FOR ANY
DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING,
COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS, OR USE OR INABILITY
TO USE THE WEB SITE. IN NO EVENT SHALL Bodyhaven Boutique Spa BE
LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE,
PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION
AVAILABLE FROM THIS WEB SITE, EVEN IF Bodyhaven Boutique Spa HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE
SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA
AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL
NOT MAKE A CLAIM AGAINST Bodyhaven Boutique Spa OR LOST DATA, RE-RUN
TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING
FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD Bodyhaven Boutique
Spa HARMLESS FROM, AND YOU COVENANT NOT TO SUE Bodyhaven Boutique
Spa OR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
THE EFFECTIVENESS OF THESE LIMITATIONS IS AN EXPRESS PRECONDITION
TO YOUR USE OF THIS WEB SITE.
INDEMNIFICATION
In exchange for accepting the
benefits you receive by accessing this Web site, you agree to defend,
indemnify, and hold harmless Bodyhaven Boutique Spa, its officers,
directors, employees, agents, and partners, from and against any
claims, actions, or demands, including without limitation reasonable
legal and accounting fees, made by any third party due to or resulting
from your use of the Web site, your violation of these Terms, or
your violation of any laws, regulations, or third-party rights.
Bodyhaven Boutique Spa PRIVACY POLICY
Bodyhaven Boutique Spa is concerned about your privacy and has developed a policy to address those concerns. You can find the current privacy policy on this page.
GENERAL
These Terms will be governed by and
construed in accordance with the laws of New Zealand, excluding
that body of law governing conflict of laws. Any legal action or
proceeding relating to or arising out of these Terms or your use
of the Web site will be brought in a Court in Bodyhaven Boutique
Spa, Bodyhaven Boutique Spa, and you submit to the venue and personal
jurisdiction of such court. If any provision of these Terms is held
to be invalid or unenforceable, such provision will be enforced
to the greatest extent possible and the remaining provisions will
remain in full force and effect. Headings are for reference purposes
only and in no way define, limit, construe, or describe the scope
or extent of such section. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect
to subsequent or similar breaches. Except for other agreements or
terms appearing on the Web site, these Terms set forth the entire
understanding and agreement between us with respect to the subject
matter hereof.
PRIVACY STATEMENT
The following discloses our information gathering and dissemination practices.
Collection of Information on the Site:
We
ask about your details only for the purposes of ascertaining information
regarding the proposed design of a website / internet application.
Use of Information:
We do not sell information to third parties, we do not collect it
for the purposes of marketing products to you, and we do not subscribe
you to any other services.
We only keep relevant Data and discard/permanently delete the rest.
We keep your details on our own system only and erase all messages
sent to us that are no longer of use.
Other notes applicable to the privacy of your information.
We archive
all emails sent to us to aid in better customer service for our
Clients. This means we can attend more efficiently to your requests.
With a permanent record of what is required, we are able to service
your requirements faster and more accurately and can better attend
to problems if they arise. This will result in savings in time and
money for our Clients as everyone has a clear understanding of what
services are to be performed.
Links:
This site contains links to other sites. Bodyhaven Boutique
Spa is not responsible for the privacy practices or the content
of such Web sites.
Cookies:
This Site does not use Cookies to store any information
about you while visiting / using this Web Site.
We comply with the New Zealand Privacy Act of 1993.
