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Terms of Use

  1. Application of these terms
    1. Secret Gardens NZ Limited owns and operates secretgardens.co.nz and we make it available for your use. This document outlines the terms and conditions upon which we permit you to use our website (Terms).
    2. We obtain your acceptance of the Terms as follows:
      1. When you are accessing our Website in your individual capacity, your access and use of the Website constitutes agreement to be bound by the Terms.
      2. When you are accessing our Website on behalf of a third party, by accessing and using our Website you warrant that you are authorised to bind that third party to our Terms and that you in fact agree to the Terms on that third party’s behalf.
    3. If you do not agree to these terms we do not authorise you to access and use our Website.
    4. Unless otherwise expressly agreed, these Terms supersede any prior agreements or arrangements in place with you prior to the last date of amendment of these Terms.
  2. Supplemental terms
    1. Supplemental terms (such as our Privacy Policy) may apply to certain parts of our service and these are to be read in addition to, and deemed a part of, these Terms. Where supplemental terms are relevant we will bring them to your attention. By continuing to use the parts or features of our Website to which the supplemental terms relate you are accepting them in accordance with clause 1.
    2. Where there is a conflict between these Terms and any supplemental terms the latter will prevail.
    3. Supplemental terms may be updated by us in accordance with clause 3 of these Terms.
  3. Changes to our terms
    1. Please note that we may make changes to these Terms or any supplemental terms at any time by uploading revised versions onto our Website. Any changes will be effective from the date that they are uploaded. By continuing to use our Website you will be accepting to be bound by them as outlined in clause 1.
    2. These terms were last updated on 28 June 2021.
  4. Definitions
    1. In these Terms:
      1. Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
      2. Personal Information means any information about an identifiable individual.
      3. Privacy Policy means the policy that can be accessed at [link to policy].
      4. Terms means the terms and conditions contained on this webpage.
      5. Underlying System means any network, system, software, data or material that underlies or is connected to the Website.
      6. Us, we, our means Secret Gardens NZ Limited.
      7. User ID means a unique name and/or password allocated to you to allow you to access certain parts or features of our Website.
      8. Website means secretgardens.co.nz.
      9. You means you, or, if acting on behalf of a third party, you and that third party on whose behalf you are acting.
  5. Your obligations
    1. When using our Website, you must:
      1. Access it using standard web browsers only and not by any other method.
      2. Ensure that your device and the network through which you are accessing our Website is secure and will not cause harm to our Website or Underlying Systems.
    2. When using our Website, you must not:
      1. Act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System.
      2. Appropriate our data including by scraping, deep-linking, harvesting, data mining, reverse-engineering, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method without prior agreement from us.
      3. Manipulate the content on our website via the alteration of the underlying HTML, CSS, or any other code or through the use of image editing tools and subsequently purport that the modified appearance of our Website was published or approved by us.
      4. Attempt to gain unauthorised access to or impair any aspect of our Website or services.
  6. User accounts
    1. In some instances you may be required to make a User ID to make full use of our Website.
    2. To be eligible to make an account, you must be over 16 years of age and not otherwise prohibited from making a User ID with us by law.
    3. The creation of a User ID requires you to provide us with some Personal Information about you and to consent to our collection, processing, and use of this Personal Information. By making a User ID with us, you warrant that:
      1. You have read, understand and accept our Privacy Policy.
      2. You are providing true, current and complete Personal Information.
      3. When the Personal Information you have provided us with changes, you will promptly update it. Failure to do so may result in you being unable to use certain features of our Website.
    4. Where you create or are given a User ID for our Website, you will:
      1. Keep it secure.
      2. Not permit any other individual to use your User ID.
      3. Immediately notify us if you become aware of any disclosure or unauthorised use of your User ID by contacting us.
      4. Not impersonate or create an account on behalf of anyone else.
      5. When accessing our site as an individual, not create more than one User ID for your own personal use.
  7. Host cancellations
    1. Visits to our host gardens or workshops may be cancelled by the host in the following circumstances:
      1. Should the weather conditions be so adverse as to make a visit unsafe; or
      2. Should the host cancel for personal reasons.
    2. In the event that a host cancels a visit to their garden or workshop, the host will be in touch with you as soon as possible. You will be notified of the cancellation via our Website and email.
    3. You will be issued with a credit voucher to use at a later date. Alternatively, you can contact us to request a refund. We reserve sole discretion to choose whether we provide a refund or credit voucher in each circumstance.
  8. Visitor cancellations
    1. Should you cancel a visit to a host garden or workshop more than 48 hours prior to the session, you are entitled to a refund of 50% of the total booking cost.
    2. Should you cancel less than 48 hours prior to the session, you will not be entitled to a refund.
    3. We acknowledge that personal circumstances may prevent you from attending a booked session. In certain circumstances we may use our discretion to provide you with a full refund on compassionate grounds. Please contact us if you feel that your booking fee should be refunded on compassionate grounds.
  9. Suspension and termination
    1. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
    2. On suspension or termination you must immediately cease using the Website and must not attempt to gain further access until we authorise you to do so.
  10. Linking
    1. Our Website may include links to third party materials and websites. Such links do not imply control, endorsement, affiliation or approval of or responsibility for those sites and their contents, operations, products or operators. Such links are for your convenience only. We will not be liable for any direct or indirect loss or damage suffered by you when accessing and interacting with any linked websites.
    2. You may not link to our Website from your website without our prior written consent. We reserve the right to reject traffic redirected from a third party website that has linked to our Website without our consent and you agree to remove or cease any link on our request.
  11. Service areas and access outside of New Zealand
    1. Our Website is made available for and intended to be used within New Zealand.
    2. We make no representation that:
      1. The contents of our Website are appropriate for use outside of New Zealand.
      2. The Website will function as expected outside of New Zealand.
    3. When you access our Website from outside of New Zealand you are responsible for ensuring that your access to and use of the Website is not illegal or prohibited at your location and that your use of our Website is appropriately compliant with any applicable laws.
  12. Intellectual property
    1. We (and where applicable, our licensors) own all proprietary and intellectual property rights in the Website (including but not limited to all information, data, text, graphics, artwork, photographs, names, logos, icons, sound recordings, videos, design) and the Underlying Systems.
    2. No part of our Website may be distributed or copied for any commercial purpose and you are not permitted to incorporate any part of the materials on our Website into any other work or publication without our prior written consent.
  13. Disclaimers
    1. To the extent permitted by law, we, our licensors and providers of any Underlying Systems have no liability to you or any other person for any Loss in connection with:
      1. The Website being unavailable, performing poorly or behaving in a manner that is not expected nor intended;
      2. The restriction of your access to our Website;
      3. The discontinuation of our Website;
      4. Any errors in the content of, or omission of content, from our Website.
      5. Any exposure to viruses or other forms of interference which may damage your computer system, mobile device or any other device you are accessing our Website from or exposes you to fraud when accessing our Website.
      6. Any other website that is linked from our Website.
      7. Any dealings that you have with any third party who advertises on our Website. Such dealings are solely between you and the advertiser. We are not responsible or liable for any part of any dealings that arise from your interactions with advertisements from third parties on our Website.
    2. We may change, suspend, discontinue, or restrict access to the Website without notice or liability.
  14. Limitation of liability and Indemnification
    1. Nothing in these Terms negates or constrains any rights you may have under the law that cannot be excluded. If you are a consumer, this includes any rights you may have under the Consumer Guarantees Act 1993 or any other consumer protection law.
    2. To the maximum extent permitted by law:
      1. You access and use the Website at your own risk; and
      2. We are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
    3. To the maximum extent permitted by law and to the extent that clause 10.2 does not apply, we limit our total liability to you in connection with these Terms or to a maximum of $500.00 NZD.
    4. You indemnify us and our directors, employees and agents for all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
  15. Assignment
    1. You cannot assign or transfer any of your interests in relation to these Terms without our prior written consent.
    2. We may transfer any or all of our interests and obligations under these Terms to any affiliate, entity we enter into a joint venture with or any entity that we are sold to or merged with without notice to you. If we do this we will not be held liable for any subsequent breach of these Terms by the assignee.
  16. General
    1. These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
    2. If we need to contact you, we may do so by email or by posting a notice to you via our Website or via email. You agree that this satisfies all legal requirements in relation to written communications.
    3. For us to waive a right under these Terms, the waiver must be in writing.
    4. Clauses which, by their nature, are intended to survive termination of these Terms (including clauses 13, 14, 15, 16 and 17) continue in force.
    5. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.
    6. These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
  17. Contact us
    1. If you have any queries or requests concerning these Terms or any complaints about our Website please contact us at [email protected].
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