Terms and Conditions

The boring stuff...

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1 APPLICATION OF TERMS

1.1 These Terms apply to your use of the Website. By accessing and using the Website:

a you agree to these Terms; and
b where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

2 CHANGES

2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on 6th July 2021.

3 DEFINITIONS

In these Terms:

including and similar words do not imply any limit

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

personal information means information about an identifiable, living person Terms means these terms and conditions titled Website Terms of Use

Underlying System means any network, system, software, data or material that underlies or is connected to the Website

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website2

We, us or our means NZ Flight Cub Limited Website means [www.nzflightclub.com]

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4 YOUR OBLIGATIONS

4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:

a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to [insert contact email].

4.3 You must:

a not 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; and
b unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to info@nzflightclub.com
4.5 You indemnify us against 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.

5 INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

6 DISCLAIMERS

6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

a the Website being unavailable (in whole or in part) or performing slowly;
b any error in, or omission from, any information made available through the Website;
c any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

6.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

7 LIABILITY

7.1 To the maximum extent permitted by law:

a you access and use the Website at your own risk; and
b 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.

7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.

8 PRIVACY POLICY

8.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information, name, email address and phone number in order to provide you with newsletters from our Website.
8.2 When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020.
8.3 The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
8.4 We may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include information about the way users arrive at, browse through and interact with our Website. We may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on the Website. We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs. We may also use this information to assist in making any advertising we display on the Website or in the newsletter more personalised and applicable to your interests.
8.5 Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:

a to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
b in relation to the proposed purchase or acquisition of our business or assets; or
c where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.

8.6 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
8.7 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at info@nzflightclub.com.

9 SUSPENSION AND TERMINATION

9.1 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 and Newsletter.
9.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

10 GENERAL

10.1 If we need to contact you, we may do so by email. You agree that this satisfies all legal requirements in relation to written communications.
10.2 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.
10.3 For us to waive a right under these Terms, the waiver must be in writing.
10.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
10.5 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.
10.6 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.
10.7 If one part of this agreement is found to be unlawful, then the rest will continue in force.

11 MEMBERSHIP TERMS
11.1 There is a free or premium version of the NZ Flight Club newsletter. Details of the information you can expect to receive can be found on pages “How does it work?” & “sign up” on our website.

11.2 You do not book flights via our Website or newsletter. We simply provide the information on the flight deals available but any contract that you enter into with an airline or agent is between you and that airline or agent and at no time will a contract be entered into between you and us in regards to those flights or services. Services mentioned on our App or Website are not affiliated with us directly and any contract that you enter into with a service mentioned either on the App or Website is between you and that business and at no time will a contract be entered into between you and us in regards to those flights or services.

11.3 Your mobile network provider may charge you for downloading the newsletter where a wireless connection cannot be found or when it uses a mobile data connection (or any other connection when not connected to Wi-Fi). We are not responsible for this charge.

11.4 We aim to start sending you emails within 3 working days of your registering for our services, depending on the preferences you have selected.

11.5 By purchasing the Premium Membership you are entering into a contract with us for the period as set out on the registration form ("Term”) At the end of each Term, the Term will automatically renew for a Term of the same duration until you or we end the contract. By signing up for premium membership you agree that you will only use our services for personal benefit and not publicly share the information or forward the email.

11.6 If our supply of our services, the Website, or the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.

11.7 We may have to suspend use of the newsletter and/or website to deal with technical problems or make minor technical changes or update the website.

11.8 We will contact you in advance to tell you we will be suspending supply of our services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 30 consecutive days in any Term for Premium Members, you do not pay for the services whilst it is suspended. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it.

11.9 If you do not pay for NZ Flight Club services when you are supposed to (for example, if we no longer hold up to date debit or credit card details) and payment is not received within 5 days of us reminding you that payment is due, we may suspend supply of the services until payment has been made. We will contact you to tell you we are suspending supply of the services. If there is an amount over due to us, interest may be charged.

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12 NZ FLIGHT CLUB SERVICES
The information we provide in our newsletter is as accurate as possible at the time of dispatch. We find our information with custom built software that interacts with a powerful flight API system and by monitoring the internet for the best flight deals but as a result we are reliant on those resources and therefore please be aware of the following:

12.1 We cannot guarantee that the deals provided by us are better than other offers available on the internet.
12.2 We provide information on a wide range of service providers but there may be other direct or third-party service providers available on the market which may be more appropriate or suitable for you than those identified by us.
12.3 All links to third-party websites are provided for your interest and convenience only. These websites are owned and operated by third parties over whom we do not have any control. We do not endorse, recommend or accept responsibility for Any third parties, services or websites for any information, opinions or advice provided by such third parties websites or otherwise.

12.4 We are only providing information on the deals and offers available but none of the information we provide comes as a recommendation or endorsement by us in respect of such service providers. It is up to you or the person booking aforementioned flights to do the appropriate research. The information we provide is for general information purposes only, and should not be relied upon by you, and is provided so that you can select services that you feel are most appropriate to meet your individual needs.

12.5 The information and descriptions of deals that we provide are not complete descriptions and may not represent all the features and terms and conditions of those deals. You must ensure that you carefully read all the features and terms and conditions (including those contained on a service providers website) of any deal or service before purchasing it.

12.6 Due to the ongoing effects of the Corona virus pandemic, we will not be held accountable for any misfortune (including but not limited to becoming stranded, illness, additional cost or death) during a trip found via our newsletter. It is the customers responsibility to do adequate research before booking a trip.

13 YOUR RIGHTS TO END THE CONTRACT

13.1 Your rights when you end the contract will depend on whether there is anything wrong with the services, how we are performing, and when you decide to end the contract:

(a) If you want to end the contract because of something we have done or have told you we are going to do see Clause 13.2;
(b) In all other cases see Clause 13.3.

13.2 If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you pro-rata for the period of time that the services were not available to you. The reasons are:

(a) we have told you about an upcoming change to the services or these terms which you do not agree to

(b) there is a risk that the supply of our services may be significantly delayed because of events outside our control;

(c) we have suspended simultaneously our services, email and the Website for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 10 working days; or

(d) you have a legal right to end the contract because of something we have done wrong.

13.3 Even if we are not at fault you can still end the contract at any time but you will not be entitled to a full refund for the Term once we have started providing our services.

14 HOW TO END THE CONTRACT WITH US
14.1 Please contact us at info@nzflightclub.com to cancel your contract.

14.2 If you are a free member, then unsubscribe by clicking the “unsubscribe” link in the footer of our emails.

15 PRICE AND PAYMENT FOR PREMIUM MEMBERSHIP

15.1 Membership costs are clearly set out on our website and have several tiers.

15.2 The charge for membership renewal will be as set out on the Website, but we reserve the right to increase the renewal fee upon our giving to you in writing at least 28 days’ notice prior to a renewal period.

15.3 Details of how to make a payment can be found on the Website. Payments can be made by debit and credit card.

‍16 AUTOMATIC RENEWAL OF MEMBERSHIP

16.1 Premium Membership will automatically renew for the same period as was originally purchased, be this a monthly or a yearly membership. If you do not wish for the membership to renew you can cancel future billing by contacting us at least 5 working days prior to the expiry of the Term to inform us that you do not wish to renew: info@nzflightclub.com.

17 OUR RIGHTS TO END THE CONTRACT

17.1 We retain the right to end any contract if we see fit. We may end the contract at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; (b) if you breach any of the terms of this agreement.

17.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 11 we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.