Terms of service

TERMS OF SERVICE

 

These Terms and Conditions are issued by Citywalksz Limited (Hereinafter referred to as “Citywalksz”) and are effective from February 9th 2014.

 

1. ACCEPTANCE OF THE TERMS AND CONDITIONS

Your use of this website, the purchase of the audio-guides, the download and use of “my city tour app” application (hereinafter referred to as the “Application”) are subject to these Terms and Conditions and all applicable New Zealand laws.

By accessing or using the website, by buying the audio-guides, downloading, installing and using the Application you represent that you have read and understood the Terms and Conditions, you will abide by them, and that you are either 18 years of age or more, or have your parent(s)’ or legal guardian(s)’ permission to use the website, to purchase the audio-guides, to download and use the Application.

We reserve the right to modify, alter or amend these Terms and Conditions from time to time with or without notice to you. All such amendments will be effective immediately upon an update being made. By continuing to use this website, purchasing the audio-guides and use the Application following such an update you agree to be bound by such amended Terms and Conditions. If you do not accept these Terms and Condition, you must refrain from using it, purchasing audio-guides, downloading, installing and using the Application.

 

2. LIMITATION OF LIABILITY

We make no warranties or guarantees, except for such guarantees and warranties as cannot be excluded as a matter of law, and all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise are hereby excluded and we will not be liable for any loss, damage or accident (direct or otherwise) you suffer in connection with your use of the website and audio-guides or with download, install and use the Application.

Whist we endeavour to make the Application and website available 24 hours a day, we cannot be liable if for any reason the Application or the website are unavailable for any time or for any period. We make no warranty that your access to the Application will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

All liability of CITYWALKSZ whether in tort is expressly excluded to the full extent permitted by law. These Terms and Conditions shall be interpreted subject to your rights under the Consumer Guarantees Act 1993.

 

3. DISCLAIMERS

Whilst Citywalks uses all reasonable endeavors to correct any errors or omissions on the website and on the audio-guides as soon as practicable once they have been brought to its attention, Citywalks makes no promises, guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the website, the audio-guides and the Application. Citywalks does not warrant that your use of the website, the purchasing of the audio-guides the downloading, the installation and the using of the Application, will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the audio-guides are or will be free of viruses or other harmful components.

 

4. GOVERNING LAW

These Terms and Conditions are governed by and to be interpreted in accordance with the laws in force in New Zealand and in the event of any dispute arising in relation to these Terms and Conditions or their subject matter you irrevocably and unconditionally submit to the jurisdiction of the courts of New Zealand over such dispute.

 

5. YOUR USE OF : THE WEBSITE, THE AUDIO-GUIDES AND THE APPLICATION

You agree to:

    • Ensure that all the information you give us is true, correct and complete.
    • Follow our instructions when you purchase any audio-guide on this website or when you download, install or use the application.
    • Not use any information available on this website, on the audio-guides or on the Application, for any commercial purpose.
    • Access to the Application and the website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Application and website for any reason.

 

6. LICENSE TO USE OUR INTELLECTUAL PROPERTY

All the audio-guides and all contents of this website and Application, will remain our exclusive property and are protected by copyright and other intellectual property laws. You may use our website, audio-guides and Application for your personal use only. You’re not allowed to use the audio-guides, the website and the Application contents for a commercial purpose.

The license granted to you for the App is limited to a non-transferable license to use the Application on a mobile device that you own or control and as permitted by these Terms of Use.


7. LINKS

Third parties websites can be accessible by this website for the purpose of the purchase of the audio-guides (notably but not only Google Wallet). They are not under CITYWALKSZ control, which is not responsible for their contents and privacy principles.

 

8. PURCHASES AND DELIVERY

By purchasing an audio-guide on this website or via the Application you specifically acknowledge and agree that:

    • When you purchase any audio-guides from this website or via the Application, these Terms and Conditions constitute the entire contract between CITYWALKSZ and you and it is expressly agreed that there are no other understandings, representations or warranties of any kind forming part of our contract with you.
    • Citywalksz website and Application only constitute an invitation to treat. Ordering audio-tours constitutes an offer by you to buy in accordance with these Terms and Conditions. Our acceptance occurs and the contract is formed when the audio-tour is delivered to you.
    • We do not guarantee that this website, Application and audio-tours are free from errors or faults. We will however make our best efforts to ensure that the information available on this website is accurate. We shall be entitled at any time to correct any errors or omissions and make amendments to or add or remove audio-guides without notice. 
    • We accept no responsibility for problems you may have in making payment through a web page of our payment service provider or in downloading the Application or any audio-guides. 
    • We shall not be liable to you for any delay in the delivery of the audio-tours for any cause beyond our control.

 

9. PAYMENT OPTIONS

We currently accept the following means of payment:

    • Visa
    • MasterCard
    • PayPal

 

10. PRICING

All prices listed on the website and on the Application are in U.S dollars and are inclusive of GST. Please note that we reserve the right to alter prices on our websites at any time for any reason.

 

11. ELECTRONIC COMMUNICATIONS

Whenever you use this website and Application or send emails to us you are communicating with us electronically. This means you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website or on the Application.

 

12. PRIVACY POLICY

If you provide us with personal information through you use of the website and Application, this information may be retained by us in our database. You have a right under the Privacy Act 1993 to access any personal information held about you or to request us to delete any such information.

By accepting these Terms and Conditions you are acknowledging that you have read and accept our Privacy Policy which is on our site and the specific Privacy Policy concerning the Application.

We will never sell your information to any third party or business.

 

13. GENERAL

This Website and Application are owned and operated by Citywalksz Limited a registered company of New Zealand. We may transfer our obligations pursuant to this website and these Terms and Conditions to any person including a related company (as defined under the Companies Act 1993) without notice to you. If we do this then we will not be liable for any act or omission by any transferee arising in relation to these terms and Conditions after such transfer.

 

Each term of these Terms and Conditions is separately binding. If for any reason any term cannot be relied on all other terms remain binding.