Terms of Use

1. Introduction and Acceptance

These Terms of Use govern your access to and use of the website located at bellavessatable.com (the "Website"), which is owned and operated by , a company registered in New Zealand under Company No. 9754183, with its registered office at (referred to in these Terms as "we", "us" or "our").

By visiting, browsing or otherwise using the Website, you confirm that you have read, understood and agree to be bound by these Terms of Use in full. If you do not agree with any part of these Terms, you must stop using the Website immediately.

We may update these Terms from time to time. Any changes will be published on this page with a revised "last updated" date. Continued use of the Website after such changes constitutes your acceptance of the updated Terms.

2. About the Website

The Website is provided by as an information and enquiry resource for visitors interested in our local business, which is based in Whanganui, New Zealand. The Website is intended to:

• Provide information about our products, services and location;
• Allow visitors to make enquiries and booking requests;
• Share news, updates and other content relevant to our business; and
• Serve as a general point of contact between us and our customers.

The information published on the Website is for general informational purposes only and does not constitute professional advice of any kind. We make reasonable efforts to keep information accurate and current, but we cannot guarantee that all content is complete, up to date or free from error at all times.

3. Permitted Use

You may use the Website for lawful personal and non-commercial purposes consistent with these Terms. Specifically, you are permitted to:

• Browse and read pages on the Website;
• Submit genuine enquiries or booking requests through our contact forms;
• Print or download a reasonable number of pages for your own personal reference; and
• Share links to pages on the Website in a fair and non-misleading manner.

You must not:

• Use the Website for any unlawful, fraudulent or harmful purpose;
• Attempt to gain unauthorised access to any part of the Website, our servers or any system connected to the Website;
• Transmit any unsolicited commercial communications, spam, malware, viruses or other harmful code through the Website;
• Reproduce, redistribute, sell, resell or otherwise exploit any content from the Website for commercial purposes without our prior written consent;
• Use automated tools such as scrapers, bots or crawlers to extract data from the Website at a scale that places unreasonable load on our systems; or
• Post or transmit content through any contact or enquiry form that is defamatory, offensive, discriminatory or otherwise objectionable.

We reserve the right to restrict or terminate access to the Website for any user who breaches these Terms or whose conduct we reasonably consider harmful to us, other users or third parties.

4. Intellectual Property

All content on the Website, including but not limited to text, images, graphics, logos, icons, photographs, audio clips, page layouts and the selection and arrangement of materials, is the property of or its content suppliers and is protected by New Zealand and international copyright law.

Our trading name, logo and any other marks displayed on the Website are the intellectual property of . You may not use them without our prior written permission.

Nothing in these Terms grants you any licence or right to use any intellectual property belonging to us or to any third party featured on the Website, except as expressly permitted in Section 3 (Permitted Use) above.

If you believe that content on the Website infringes your intellectual property rights, please contact us at the details provided in Section 10 (Contact Details) below and we will investigate the matter promptly.

5. Enquiries and Booking Requests

The Website may allow you to submit enquiries or booking requests. The following conditions apply to all such submissions:

We reserve the right to decline any booking request or enquiry at our discretion, including where we are unable to accommodate your requirements or where we have reasonable grounds to do so.

6. Third-Party Links and Content

The Website may contain links to third-party websites or resources provided for your convenience. These links do not imply any endorsement or affiliation on our part. We have no control over the content, privacy practices or availability of external websites and we are not responsible for any loss or damage that may arise from your use of them.

You access any linked third-party website at your own risk and subject to the terms and conditions of that website.

7. Privacy and Personal Information

Any personal information you provide through the Website is collected, held and used in accordance with our Privacy Policy and in compliance with the Privacy Act 2020 (NZ). For privacy-related enquiries, please contact us at privacy@bellavessatable.com.

By submitting personal information through the Website, you consent to its use as described in our Privacy Policy.

8. Limitation of Liability

To the fullest extent permitted by applicable New Zealand law, , its directors, employees and agents shall not be liable to you or any third party for:

• Any loss or damage arising from your use of, or inability to use, the Website or any content on it;
• Any errors, omissions or inaccuracies in the content published on the Website;
• Any interruption, suspension or termination of the Website, whether due to maintenance, technical failure or any other cause; or
• Any unauthorised access to or alteration of your submissions or data.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under New Zealand law, including rights and guarantees provided to consumers under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

Where our liability cannot be excluded but can be limited, our total liability to you for any claim arising out of or in connection with the Website shall not exceed the greater of NZD 100 or the amount, if any, you have paid to us directly in connection with the matter giving rise to the claim.

9. Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of or in connection with them, including non-contractual disputes, are governed by and construed in accordance with the laws of New Zealand.

You agree that the courts of New Zealand shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or your use of the Website.

9.1 Dispute Resolution

We encourage you to contact us directly in the first instance if you have any concern or complaint relating to the Website or our services. We will make reasonable efforts to resolve disputes informally and in good faith.

If we are unable to resolve a dispute informally within a reasonable period, either party may refer the matter to mediation before commencing formal legal proceedings. Mediation shall be conducted in Whanganui, New Zealand, unless both parties agree otherwise in writing.

Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a New Zealand court where necessary to protect its rights.

10. Contact Details

If you have any questions, concerns or feedback regarding these Terms of Use or the Website, please contact us using the details below:

11. General Provisions

11.1 Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and in relation to your use of the Website and supersede all prior agreements and understandings relating to the same subject matter.

11.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.

11.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any breach shall not be taken as a waiver of any subsequent breach.

11.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any successor entity in connection with a merger, acquisition or sale of assets, provided that the successor entity assumes our obligations under these Terms.

11.5 Language

These Terms are written in English. In the event of any conflict between an English version and any translated version, the English version shall prevail.