By browsing and using this website at www.cookislandsexperience.com or www.cookislandsexperience.com.au (website) provided by Cook Islands Tourism Corporation, you agree to be bound by these Terms of Use. You must exit this website immediately if you do not agree to the Terms of Use .
Changes to the Terms of Use
Cook Islands Tourism Corporation may, in its sole discretion, revise these Terms of Use from time to time and it is your responsibility to review the Terms of Use each time you access this website. Your continued use of this website after such revisions are posted will constitute your agreement to such changes.
Modifications to the website
Cook Islands Tourism Corporation reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of this website, including, but not limited to, content, features or hours of availability. Cook Islands Tourism Corporation may impose limits on certain features of this website or restrict your access to part or all of this website without notice or penalty.
Intellectual Property
You acknowledge and agree that Cook Islands Tourism Corporation is the sole and exclusive owner of all copyright, trade marks and all other intellectual property rights (Intellectual Property) in the software, text, graphics and other material (Content) displayed or available through this website and in the Cook Islands Tourism Corporation emails or any other communications sent to you by cook Islands Tourism Corporation. Unauthorised use of the Content is strictly prohibited and may infringe Cook Islands Tourism Corporation’s Intellectual Property. No Content may be reproduced, published or transmitted in any manner without the prior written consent of Cook Islands Toursim Corporation. In particular, you may not without prior written permission from Cook Islands Toursim Corporation:
archive the Content or any part of it;
remove the copyright or trade mark notice from any copies of Content made available under these Terms of Use;
form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;
deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes; or
redistribute, resell or republish the Content.
No License
Nothing contained on this website shall grant, whether by implication, or otherwise, any license or right to use any of Cook Islands Tourism Corporation’s Intellectual Property or other proprietary material.
Linked Websites
This website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. Cook Islands Tourism Corporation is not responsible for the content or privacy practices associated with Linked Websites.
Links with Linked Websites do not constitute an endorsement, approval or recommendation by Cook Islands Tourism Corporation of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites.
Links to this Website
You must not create a link to any part of this website without the prior written consent of Cook Islands Tourism Corporation. If you do create a link to any page of this website, you acknowledge that you are solely responsible for the consequences of that link and you indemnify and will keep Cook Islands Tourism Corporation indemnified against all damages, costs, losses (including without limitation, loss of profits) and expenses of any kind, whether direct or indirect, arising from, or in connection with, that link, whether brought in tort, contract, equity or otherwise.
User Conduct
You are solely responsible for the content and context of any materials or information you post or submit through this website. You warrant and agree that, while using this website, you shall not upload, post or transmit to or distribute or otherwise publish through this website any materials which:
are unlawful, threatening, harassing or profane;
restrict or inhibit any other user from using and enjoying the website;
constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
contain a virus or other harmful component;
contain advertising of any kind; or
contain false or misleading indications of origin or statements of fact.
Cook Islands Tourism Corporation will fully cooperate with any law enforcement authorities or court order requesting or directing Cook Islands Tourism Corporation to disclose the identity of, help identify, or locate anyone transmitting any such content.
Communication to website
All communications, including but not limited to all remarks, submissions, ideas, concepts, pictures or other information that you transmit to this website, whether by e-mail, posting, uploading, or otherwise, will become the exclusive property of Cook Islands Tourism Corporation. Cook Islands Tourism Corporation will not be required to treat any submission as confidential. By transmitting content to this website, you automatically grant to Cook Islands Tourism Corporation a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone and as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. You agree that Cook Islands Tourism Corporation is free to use any ideas, concepts, know-how, or techniques contained in any content that you transmit to this website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and that Cook Islands Tourism Corporation need not provide any compensation or acknowledgement to you in exchange for any such use.
Disclaimer of Warranties
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE INCLUDING ALL ITS CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COOK ISLANDS TOURISM CORPORATION DOES NOT WARRANT THAT THIS WEBSITE OR ITS FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, COMPLETE, ACCURATE, TIMELY, OR THAT DEFECTS WILL BE CORRECTED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COOK ISLANDS TOURISM CORPORATION WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING WITHOUT LIMITATION NEGLIGENCE, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, LOST PROFITS, AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OR INABILITY TO USE THIS WEBSITE AND ANY LINKED WEBSITE, OR RELIANCE ON INFORMATION CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE OR OTHERWISE PROVIDED BY COOK ISLANDS TOURSIM CORPORATION.
Indemnification
YOU SHALL INDEMNIFY AND KEEP COOK ISLANDS TOURISM CORPORATION INDEMNIFIED, AGAINST ANY AND ALL CLAIMS OR DEMANDS MADE BY ANY THIRD PARTY, AND ALL ASSOCIATED LIABILITIES, DAMAGES, COSTS, LOSSES AND EXPENSES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS), WHETHER DIRECT OR INDIRECT ARISING OUT OF OR RELATING TO YOUR BROWSING OR USE OF THIS WEBSITE, WHETHER IN TORT, CONTRACT, EQUITY OR OTHERWISE.
WITHOUT LIMITING ANY OF THE ABOVE, COOK ISLANDS TOURISM CORPORATION IS NOT LIABLE FOR MATTERS BEYOND ITS REASONABLE CONTROL. COOK ISLANDS TOURISM CORPORATION DOES NOT CONTROL TELEPHONES, THIRD-PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER), THE INTERNET OR ACTS OF THIRD PARTIES.
Termination
These Terms of Use constitute a binding agreement between you and Cook Islands Tourism Corporation until terminated by you or Cook Islands Tourism, which Cook Islands Tourism Corporation may do at any time, without notice, in Cook Islands sole discretion. If you become dissatisfied with this website, in any way, your only recourse is to immediately discontinue use of this website.
Assignment
You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions.
Jurisdiction
This website is governed by, and is to be interpreted and construed in accordance with the laws of New Zealand. You irrevocably consent to the jurisdiction of the appropriate courts located in New Zealand for any action arising from or relating to these Terms of Use or your browsing or use of this website.
TO THE FULLEST EXTENT PERMITTED BY LAW, COOK ISLANDS TOURISM CORPORATION EXCLUDES RESPONSIBILITY FOR THE COMPLIANCE OF THIS WEBSITE OR THE INFORMATION CONTAINED IN IT WITH THE LAWS OF ANY OTHER COUNTRY.
Notices and Disclosures
Except if explicitly stated otherwise, any notices shall be given by email to, in the case of Cook Islands Tourism Corporation, webmaster@cookislandsexperience.com, or, in the case of a user to the email address you provide to Cook Islands Tourism. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
Outside New Zealand
This website is intended for use by Cook Islands Tourism Corporation customers clients and trade partners. If you access this website from outside of New Zealand, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. References to a particular product or service does not imply that Cook Islands Tourism Corporation intends to make such products or services available in all countries.
General Provisions
If any provision of these Terms of Use are held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. The failure by either you or Cook Islands Tourism Corporation to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use comprise the entire agreement between you and Cook Islands Tourism Corporation and supersede all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.
The use or misuse of any content of this website except as provided above, is strictly prohibited.
Any information that Cook Islands Tourism Corporation may obtain from you (through email, cookies or otherwise) will be treated in accordance with the
Privacy Policy.
Contact Us
If you have any questions about these Terms of Use or your experience of this website please contact Cook Islands Tourism Corporation by e-mail at webmaster@cookislandsexperience.com
© 2008 Cook Islands Tourism Corporation New Zealand Ltd All rights reserved.