Polynesian Spa is the owner and publisher of the content contained in this website (referred to as "our", "us", "we").
We reserve the right to revise these Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. By continuing to use this website after such publication, you agree to be bound by these Terms as revised. You should therefore periodically visit this page to determine the current Terms.
Any reference to "website" means the whole or any part of the web pages located at this URL or domain (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
2. Contract formation
The information contained on this website constitutes an invitation to treat and not an offer to supply goods or services to you. When you submit an order to us, you are making an offer to buy those products in accordance with these Terms and in accordance with our then current terms of trade including our Online Sales Terms. We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you, including any order we believe, in our sole judgement, to have been placed fraudulently or in an effort to supply trade re-sale.
The information contained on this website is intended for general information only. While we endeavour to ensure that information on the website is correct, sometimes errors or inaccuracies do occur, for which we apologise.
We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this website. We reserve the right to make changes at any time and without notice to you, to any element of this website.
To the extent permitted by New Zealand law, we make no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this website or any other website.
Except as otherwise described, all materials on this website are made available only to provide information about this website, and the products which may be ordered from this website. This website is controlled and operated by us, from offices within New Zealand.
Details contained on this website relating to the products and the sale of the products through this website have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand you are responsible for compliance with applicable local law.
4. Prices, Products and Services
All prices on this website are in New Zealand dollars and are inclusive of GST and any other sales tax. Please note that we reserve the right to alter the prices at any time for any reason.
The information in this website has been published by Polynesian Spa upon the basis we will offer the goods and services for sale until a specified date or until sold, whichever first occurs, at no greater than the advertised prices, GST-inclusive.
Prices are subject to change, and do not include display accessories, options or delivery.
5. Intellectual Property
This website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by us, or in some cases, a related body corporate or third party, and unless stated, is copyright. These intellectual property rights are protected by New Zealand and international laws.
You may view our website and its contents for personal and non-commercial use only, and as such this is subject to copyright law and the Copyright Act 1994. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.
Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
6. Other Websites
Please note that although this site may have some hyperlinks to other third party websites, these sites have not been prepared by us and are not under the control of us. These links are provided for convenience only and may not remain current nor maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We are not responsible for the availability of any of these links.
7. Secure Data
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the website, please contact us immediately by email.
Given the nature of the internet, we cannot guarantee that this website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this website will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this website, and to the maximum extent permitted by law, we disclaim all liability for any errors, omissions and faults.
You must take your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
We may use a cookie file containing information that can identify the computer you are working from. The cookie file is anonymous as it only gives us details of your IP address, PC platform (Windows, NT or Mac), browser (e.g. Microsoft, Google or other, plus the version of Browser) and domain (whether you are accessing the site from NZ or elsewhere).
10. Use of Your Information and Material
We appreciate any suggestions ("unsolicited ideas") you may have regarding ways in which this website may be improved or materials which we may add to this website. Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property. We may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Fair Trading Act 1986.
13. Consumer Guarantees Act
Nothing in these Terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Terms.
14. Electronic Transactions Act
15. Applicable laws
This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms.
The information contained on this website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local law.
If any provision of these Terms are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.
17. Changes to these Terms
We may, from time to time, add or remove information, products or services from this website without notice.
We reserve the right to amend these Terms at any time without notice, and we may terminate your access to this website at any time without notice. Your continued use of this website will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.
Polynesian Spa (referred to as “we”, “our”, or “us”) is committed to protecting the privacy of any personal information provided to us.
We may, from time to time, collect and hold information about our customers or prospective customers as identifiable individuals (“personal information”). All such personal information will be handled and saved according to the provisions of the New Zealand Privacy Act 1993 or any successor legislation (“Privacy Act”).
2. Collection of your personal information
We may collect personal information about you from a number of sources, including directly from you, when you use our website or deal with us in-store, over the telephone or by letter or e-mail. For example, you may provide us with your personal information to enable us to provide you with information or services, respond to your enquiries, provide you with an e-receipt, or carry out a transaction that you have requested. Personal information collected by us may include your name, title, company name, email address, telephone number, postal or physical address, product purchases and preferences, credit card details or other personal information.
There are various situations in which we may request you to provide personal information to us, including as described in our Online Sales Terms and when you:
(a) complete forms in-store or on our website (including surveys, search forms, competition entry forms, registration forms, and order forms)
(b) create, modify, or use any accounts or registered user facilities available through our website
(c) send messages using our website (for example, when you ask us a question)
(d) request an e-receipt in-store.
Except for information collected automatically, we will not attempt to collect personal information about you without your knowledge. In most circumstances, you can use our website without telling us who you are or revealing any personal information about yourself. You may decide not to provide your personal information to us. However, if you do not provide your personal information (or if you provide incorrect personal information), we might not be able to provide you with access to certain information, products or services.
Where we collect personal information about you from a third party source, we will take reasonable steps to make you aware of such collection and to make you aware of the purposes for which we are collecting your personal information from that third party source.
3. Automated collection from our website
When you visit our website, we may use automated tools and methods (such as cookies, sessions and website statistics software) to collect certain information about your visit, including:
(a) the internet protocol address and host name used by your computer to connect to this website
(b) the operating system and the browser your computer uses
(c) the search engine or inbound hyperlink you used to reach this website
(d) the date, time and duration of your visit
(e) the pages viewed by you
We may gather more extensive information if we are concerned, for example, about abnormal website usage patterns or website security breaches.
4. Website cookies
(a) personalise your visits to our website
(b) enable us to improve the content, reliability and functionality of our website
(c) enable you to use certain services or functionality
(d) evaluate the effectiveness of the advertising on our website
(e) track website usage patterns.
Accepting a cookie will not give us access to any data on your computer other than the data stored in the cookie. You may configure your web browser to not accept cookies, but you may experience a loss of functionality as a result.
5. Use and disclosure
The personal information we collect in relation to our customers and prospective customers will be used to provide customer services and operate our website. We may also use personal information as described in our Online Sales Terms and to:
(a) respond to any questions or correspondence from you
(b) improve our website and any related services
(c) monitor the quality and standard of services provided by us and our franchisees
(d) carry out internal research and development
(e) provide you with information about a service that you are using (including critical updates and announcements)
(f) eliminate the need for you to repeatedly enter the same information
(g) customise this website to suit your particular preferences and interests
(h) where you create a message using our website (for the purpose of sending that message to us or to any other recipient specified by you), send that message
(i) analyse website usage, trends and statistics
(j) verify your identity or to provide you with a replacement password when you forget your username or password for any account you have with us
(k) supply you with further information concerning products and services which may be of interest to you
(l) carry out any other use that is authorised by you or is notified to you at the time of collection.
As part of those activities, we will store the information and may disclose it to our employees, contractors and/or related bodies corporate.
(a) we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure
(b) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for national security in the performance of their functions
(c) we believe that the use or disclosure is reasonably necessary to enforce any legal rights we may have, or is reasonably necessary to protect the rights, property and safety of you, us, or others
(d) we are required or permitted by law to disclose the information.
6. Unsubscribing to electronic messages
Where you have requested or authorised us to send you electronic messages (for example, newsletters and information concerning products and services which may be of interest to you) you can request us to stop sending you such messages by taking any one of the following steps:
(a) using the unsubscribe feature (if present) in any such message
(b) if you are a registered user of this website, logging in to your account and updating the appropriate preferences (if available) for that account
(c) contacting our Customer Services Team on 0508 765 977 or email firstname.lastname@example.org
Once we have received your request we will, as soon as is practicable, comply with that request.
7. Personal information about other people
8. Access and correction
Where we hold your personal information in such a way that it can readily be retrieved, you are entitled to have access to that information or to obtain our confirmation of whether we hold that information. We may require that you meet our reasonable costs of supplying this information to you. If we are unable to meet your request for access, we will let you know why.
If we refuse to provide you with access to your personal information, we will provide you with reasons for the refusal, in accordance with the requirements of the Privacy Act.
It is important to us that your personal information held by us is accurate, complete and current. Under the Privacy Act, you have rights to request correction of your personal information. If you are a registered user of our website, you may also log in to your account and (functionality permitting) update your personal information.
To request access to, or correction of, your personal information held by us, you may contact our Customer Services Team on 0508 765 977 or email email@example.com
9. Storage and security
Where we store your personal information will depend on the nature and purpose of the information and the manner in which you supply it to us. We will collect your personal information from, and may hold such information at, Polynesian Spa, Hinemoa Street, Rotorua 3010, or at our other offices and storage facilities (whether in New Zealand or overseas).
No data transmissions over the internet can be guaranteed as completely secure. Accordingly, we cannot warrant or guarantee the security of information transmitted from or to you. Once we have received your personal information, we will use reasonable efforts to protect that information against loss or misuse and against unauthorised access, use, modification, or disclosure.
10. Third party websites
This website may contain hyperlinks to third party websites. We are not responsible for the content of third party websites, or the manner in which those websites collect, store, use, and distribute any personal information you provide. When visiting a third party websites from hyperlinks on this website, we encourage you to review the privacy statements of those website so that you can understand how the personal information you provide will be collected, stored, used and distributed.
11. Privacy Officer
You may gain access to your personal information, make a complaint about breach of your privacy rights, or make enquiries about collection or use of your personal information by contacting our Customer Services Team on 0508 765 977 or email firstname.lastname@example.org
12. Changes to this policy
Polynesian Spa is the owner and publisher of the content contained in this website (referred to as "our", "us", "we").
In these terms:
(1) “you”, means anyone who visits or uses this website
(2) "Order" means an offer made by you in response to an invitation to treat made by us on the website
(3) “third party” includes any agent or contractor of us or of any of our related bodies corporate, and any person engaged by any us, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website.
We reserve the right to revise these Sales Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. We recommend you review the terms for amendments each time you use the website and before placing any Order. By continuing to use this website after such publication, you agree to be bound by these Sales Terms as revised. Any changes to these Sales Terms will apply to any Order you place from the effective date of the change. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or a third party. You should therefore periodically visit this page to determine the current Sales Terms.
2. Guests and Registered Users
(1) You may access or use the website as a ‘guest’ or as a ‘registered user’.
(2) To become a registered user of the website, you must upon request provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer Services Team on 0508 765 977 or email email@example.com
(3) You will receive an email from us immediately after you create your account. If you have not received such an email within 24 hours, please contact Customer Services Team on 0508 765 977 or email firstname.lastname@example.org
(4) We only permit one membership registration per email address.
(5) You must not use another members’ account.
(6) You must keep your password secure and you are responsible for any activity using your membership. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(7) If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact our Customer Services Team on 0508 765 977 or email email@example.com
(8) We reserve the right to terminate a member’s account immediately without notice for any reason whatsoever including without limitation, where we suspect the member has breached these terms.
3. Legal Capacity
(1) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
(2) Any Order or purchase made by you using this website is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with us in relation to these terms.
(3) We reserve the right to take legal action and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
4. Product & Services Orders
(1) This website and the information on it constitute an invitation to treat and not an offer to sell or supply products and services.
(2) We will advertise each item of the goods described in this website ("Offer Goods") for sale until such time as the Offer Goods are removed from this website ("Offer Period"), for a price not greater than the price specified in this website for that item ("Offer Price"), subject to these Sales Terms.
(3) We recommend you carefully preview any Orders before adding them to your shopping cart and proceeding with your Order. Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Sale Terms.
(4) You and we may enter into a contract for the sale and supply of products and services by you making an offer via the website to purchase a product at the price advertised on the website by:
(i) placing an electronic Order for the products and services using the website;
(ii) you confirming the Order details in accordance with the procedure on the website;
(iii) you making payment in full (plus any applicable delivery charges) on the website; and
(iv) our acceptance of that offer in accordance with these Sales Terms.
(5) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the products and services only when:
(i) all requirements set out in these Sales Terms have been met;
(ii) the electronic instruction containing the offer from you enters and is recorded in our database;
(iii) a record is created and stored in our database; and
(iv) we receive in our account full payment from you for the product or service (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(6) You acknowledge that:
(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either party’s control including, but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(ii) to the extent permitted by law, we are not liable to you in any way for any loss or damage at all however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) we may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(iv) we may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(7) You will receive an email from us immediately after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact Customer Services Team on 0508 765 977 or email firstname.lastname@example.org
(8) If your Order is not accepted by us, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(9) We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products or services on the website, or an error in your Order.
(10) We endeavour to ensure that any representations made about stock availabilities are accurate to the last known stock level. You acknowledge that stock availabilities are subject to change. If we cannot supply a particular product, we will notify you by telephone or email as soon as possible.
(11) We will be deemed to have accepted your Order when your Order is delivered to your specified delivery address or on collection of your Order from us.
5. Order Enquiries
If you have any query about the progress of your Order please contact Customer Services Team on 0508 765 977 or email email@example.com Please have your Order number handy as shown on the email confirmation.
(1) Prices shown are in New Zealand dollars and include GST where applicable. Prices do not include any costs associated with set-up or installation, which shall be your responsibility. Prices may not include delivery and handling charges. We may vary any prices on this website at any time without notice to you.
(2) Each published saving in respect of a product or service is by reference to the recommended retail price of the manufacturer or our normal ticketed price.
(3) We do not represent that any product or service offered via the website will be available at all times.
(4) Images of products or services shown without any advertised price beside that image are not offered for sale.
(5) Unless otherwise stated, any accessories shown in any image of products or services are not included in the price.
(6) We reserve the right to correct any errors.
(1) All payments must be made by you in full.
(2) Payments must be made via the website and will be subject to any terms and conditions of these providers or by authorising us to charge your credit card account for the total price of the products or services ordered and the applicable delivery fees at the time the products are dispatched.
(3) The website employs the latest in Secure Sockets Layer technology from the secure payment gateway to secure our payment systems.
(4) To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card or bank account is fraudulently used or is used in an unauthorised manner.
(5) If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
9. Supply and Delivery
(1) Subject to your compliance with these Sales Terms and our acceptance of your Order, we will sell and supply the products and services to you as shown on your Order confirmation.
(2) Products and services may not be available for immediate delivery. We will endeavour to deliver your Order to the address you nominate in your Order within ten (10) days of the date you placed your Order.
(3) Delivery times may be greater than 10 business days for regional or remote areas.
10. Delivery by Post or Carrier
(1) The terms of this clause apply where you select to have your goods delivered to a specified address.
(2) On receipt of your Order, your Order will be dispatched to you to your specified delivery address generally within 10 business days of the date you placed your Order.
(3) If you wish to change the delivery date or delivery address you must let the Customer Services Team know at least 48 hours prior to the dispatch of your Order.
(4) We will use our best endeavours to deliver your Order within any stated timeframes for dispatch; however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(5) We cannot accept responsibility for delivery failures or delays by our third party delivery contractor.
11. Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you on delivery.
12. Damaged Products and Acceptable Quality
(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have:
(a) legal rights and remedies under the New Zealand Consumer Guarantees Act 1993 (“CGA”); or
(b) the right to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
(2) Please refer to our Returns Policy for more information on our policy regarding online orders when you have changed your mind or the product was not what you expected.
(3) If your Order arrives damaged or is not of acceptable quality, please contact the Customer Services Team on 0508 765 977 or email firstname.lastname@example.org within 24 hours.
13. Privacy and Personal Information
(2) We or our third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact our Customer Services Team. Personal information may include your name, residential or postal address, telephone number and email address.
(3) We and our related bodies corporate and our third parties may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that we and any of our third parties may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that we consider may be of interest to you. If you would prefer not to receive promotional or other material from us or our third parties, please let our Customer Services Team know. You also agree that we may contact you by telephone to arrange delivery or collection of your Order.
14. Disclaimer and Indemnity
(1) To the extent permitted by law, we and each of our related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorised access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; or
(g) the quality or fitness for any purpose of any product or of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, we and our third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, us and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Sales Terms.
(4) Nothing in these Sales Terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Sales Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Sale Terms.
15. Force Majeure
We will not be liable for any errors or delay in performing any of our obligations if such errors or delay is caused by circumstances beyond our reasonable control, including but not limited to, a failure of or interruption relating to the Internet, electricity supply, bank payment systems or postal deliveries.
16. Transfer and Assignment
If we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements it has made with you.
Our failure to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.
We understand that sometimes it is necessary for you to change your appointment. Out of consideration, we kindly ask that you provide a minimum of 24 hour’s notice if you wish to change or cancel your appointment. Should the appropriate notice be given we will provide a full refund. If insufficient notice is given you will be charged at full price.
We ask that you arrive on time for your booking to fully enjoy your soak and therapy. Late arrivals will result in an accordingly shorted booking and the full booking price will be charged.
Certain medical conditions or health issues sometimes mean it is not advisable for a guest to have a therapy. Please advise us on booking of any health issues, allergies or injuries.
Please advise if you are an expectant mother so we can offer you the best advice on our services most suitable for you during this special time.
Spa therapies for young adults aged between 16 and 18 years will be provided in our dual spa therapy rooms with a parent or legal guardian.
To ensure a peaceful and relaxing atmosphere in the retreat children under 16 will not be permitted
Polynesian Spa is the perfect place for many to unwind, relax and reset, welcoming visitors from all over the world to bathe in the spa’s geothermal mineral waters.
For the experience to be the same for all, bathe smart etiquette is required from all guests visiting Polynesian Spa.
• We advise anyone with an underlying medical or health condition to consult their doctor should they have any queries regarding the use of hot pools.
• Recognised swimwear must be worn at all times whilst bathing in the pools. Street clothing and underwear is not permitted.
• We recommend keeping jewellery and other valuables at home to avoid misplacing, losing or leaving them behind. We accept no responsibility for any loss or damage of personal property.
• Mineral water will tarnish silver jewellery and some gold. Please remove all jewellery before entering the pools as we accept no responsibility for any tarnished jewellery.
• Prolonged immersion in the hotter pools may cause dehydration and fainting. When exiting the pool, take care and use the hand rails provided.
• We recommend you not to stay in hotter water for more than fifteen minutes at a time.
• Alternate to cooler pools and maintain a regular intake of fluids.
• All surfaces are slippery when wet. Please do not run and take care in wet areas.
• Polynesian Spa is a non-smoking spa.
• Alcohol and glassware is not permitted in pool areas. We do not recommend bathing after consuming alcohol.
• Children under 12 years of age will not be admitted unless accompanied by an adult.
• Children under eight years of age must be actively supervised at all times by a caregiver aged 16 or over. ‘Actively’ means you must be in the water with your child at all times and being able to provide immediate assistance.
• All infants must wear bathing suits or disposable nappies. We recommend keeping them in lower temperature pools to ensure they do not overheat and to actively supervise them at all times.
• Remember to protect yourself with sunscreen.
Whilst all care is taken by Polynesian Spa, ultimate responsibility for the above safety issues rests with the individual.
If you require assistance, please do not hesitate to ask one of our staff. They will be happy to assist you.
• Payment is due in full at the time of registration and includes lunches, refreshments, your therapy treatment and course materials.
• Your registration will not be confirmed until payment is received and may be subject to cancellation.
CANCELLATION, POSTPONEPENT & SUBSTITUTION POLICY
• For any cancellations received in writing not less than fourteen (14) days prior to the Mindful Moments Retreat, you will receive a 90% refund. An administration fee of 10% of the fee will be retained by Polynesian Spa for all permitted cancellations. No refund or credit will be issued for any cancellations occurring within thirteen (13) days (inclusive) of the Mindful Moments Retreat.
• If you fall sick within thirteen (13) days (inclusive) of the Mindful Moments Retreat and are unable to attend or enjoy a treatment, then you may substitute your registration to another delegate by providing notice to Polynesian Spa five (5) days (inclusive) of the event.
• In the event that Polynesian Spa cancels an event for any reason, you will receive a refund for 100% of the fee paid.
• In the event that Polynesian Spa postpones an event for any reason and the delegate is unable or unwilling to attend in on the rescheduled date, you will receive a credit for 100% of the fee paid. You may use this credit for another Polynesian Spa event or as credit within the facilities, to be mutually agreed, which must occur within one year from the date of postponement.
• Except as specified above, no credits or refunds will be issued for cancellations.
• Please note that while speakers and topics were confirmed at the time of publishing, circumstances beyond the control of the organisers may necessitate substitutions, alterations or cancellations of the speakers and/or topics. As such, Polynesian Spa reserves the right to alter or modify the advertised speakers and/or topics if necessary without any liability to you whatsoever. Any substitutions or alterations will be updated on our web page as soon as possible.
• Polynesian Spa is not responsible for travel or related costs incurred by attendees.
• We care about the health and safety of all of our guests and we’re confident that you will not have any cause for concern during your weekend in Rotorua and at Polynesian Spa. However, as we will be hosting you for the duration of the weekend there are a few details we need to cover off with you before you arrive.
For your own wellness and safety over the course of the weekend, we ask that you please comply fully with all Polynesian Spa health and safety regulations – we’ll run you through these upon your arrival on Saturday morning.
• If you should have any worries at any time over the weekend please do let one of our Mindful Moment Retreat Leaders know immediately.
• Please ensure that you are medically, mentally and physically fit and able to use our facilities and participate in any of our retreat activities over the weekend, including the yoga and spa therapy sessions.
• If you do have have injuries or illnesses, we ask that you seek your doctor’s advice prior to attending our retreat.
• Upon arrival please let us know of any injuries or illnesses that may impact your ability to participate in the activities planner over the course of the weekend.
• All Yoga, exercise and any other retreat activities are undertaken at your own risk. Polynesian Spa is not liable for any injuries you may contract during a retreat.
YOUR SAFETY AND LIABILITY
• We must point out that the organisers and leaders of the Polynesian Spa Mindful Moments Retreat are not the guardians of your safety and that they, individually or collectively, cannot be held liable in any way for any occurrence, which might result in illness, injury, death or other damage, loss or theft to you or your property during the retreat or during your travel to and from the retreat weekend.
• Polynesian Spa and the Mindful Moments Retreat Leaders shall not be liable for any failures beyond its control. This covers natural disasters, war, ‘acts of God’, closure of airports, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors.
EMERGENCY CONTACT DETAILS
• Upon your arrival we will ask you for emergency contact details. These details will only be used in case of an emergency and will be disposed of upon the conclusion of the weekend.
• Any valuables left at any locations over the weekend are your sole responsibility and neither Polynesian Spa nor the Mindful Moments Retreat Leaders can be held responsible for any loss or damage of personal property. If you do happen to misplace personal belongings over the course of the weekend please let one of our Mindful Moments Retreat Leaders know.
• We will at times take photographs over the weekend of our retreat for our website and promotional material, including adverts. If you are sensitive about this, please let us know when you arrive, otherwise we assume you give your consent to photographs being used.