Proximity Apartments Terms & Conditions of Use

These are the general Terms of Use for the website. When using the Website you must comply with these Terms and Conditions. Proximity Apartments may change the Terms of Use at any time so please read these each time you use the Website to ensure that you are kept up to date. If you do not agree with them, you should leave the Website immediately. By continuing to use the Website, you accept the current Terms of Use.

The intellectual property rights (including copyright) in all information, text, material, graphics, fonts, icons, code (including HTML), audio, video, photographs, software and advertisements on the Website (“Content”) are owned by or licensed to Proximity Apartments. New Zealand and international intellectual property laws protect the Content.

You must not modify, copy, reproduce, sell, frame, scrape, upload to a third party, create derivative works from, post, transmit or distribute the Content in any way except as expressly provided for on the Website or expressly authorised in writing by Proximity Apartments. You may not use a trade mark displayed on the Website without Proximity Apartments or the relevant owner’s written permission.

Further, you must not make use of any “Meta tags” or other “hidden text” that uses Proximity Apartments name or trade mark or product name without Proximity Apartments written consent.

You may, using an industry-standard web browser, download and view the Content for your personal, non-commercial use only. In using the Website and any of the services provided by Proximity Apartments, you must not:

• disrupt the operation or security of the Website or those services or any accounts, servers, or networks connected or accessible through the Website;
• submit false details on the Website;
• use the Website or those services in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of the Website or those services;
• submit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
• submit any material of any kind which violates or infringes the rights of any other person, including material which is an invasion of any privacy rights, which is protected by copyright, trade mark or any other proprietary right without first obtaining the permission of the owner or relevant right holder;
• submit any material of any kind which contains a virus or other harmful component;
• delete any author attributions, legal notices, or proprietary designations or labels in any material that is submitted;
• modify or delete any content on the Website or add any content to the Website; or
• attempt to gain unauthorised access to any part of the Website or those services.

Proximity Apartments reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

A surcharge applies to all credit card payments made at the hotel:

• Visa and Mastercard — 2%
• Diners Club — 2.85%
• American Express — 3.35%

Payment via EFTPOS attracts no fees.

You must show a valid credit card upon check-in. This credit card must be in the same name as the guest’s name on the booking confirmation.

This property has a strict “No Party Policy.” Failure to comply with property policies may result in the eviction of guests and the loss of any deposits or payments made.

You must show a valid photo ID upon check-in. This ID must be in the same name as the guest’s name on the booking confirmation.

Guests under the age of 18 can only check in with a parent or official guardian. The legal guardian must provide a current photo ID or proof of guardianship if requested upon check-in.

The first night’s stay is charged on booking. The balance amount due is charged on arrival. If you wish to pay by a different card or mode on arrival for the balance of your stay, please inform reception at the time of check-in — failing which, the card provided at the time of booking will be charged on arrival for the balance period of stay.

Cancellations and changes must be lodged by 2pm, at least 24 hours prior to the scheduled arrival. Modifications are subject to the selected booking type.

Proximity Apartments does not warrant that the material or functions contained in the Website or your access to them will be uninterrupted, error-free or free of viruses or any other harmful components.

Proximity Apartments does not warrant or make any representation regarding accessibility, correctness, accuracy, timeliness, completeness, reliability or otherwise in respect of the Website or materials or functions contained on the Website.

You expressly acknowledge and agree that Proximity Apartments does not control users of the Website and is not liable for their behaviour, including any information, defamatory statements or offensive conduct.

Proximity Apartments will not be liable for damage or loss resulting from any delay in operation or transmission, virus, harmful component, communications failure, internet access difficulties or malfunction in equipment or software, howsoever caused.

It is your responsibility to use other means of effecting transactions and obtaining information if for any reason you are unable to use this Service or the Service is unavailable. We undertake to make all reasonable efforts to ensure that the Service you use is available to you during the hours specified by us from time to time, but we are not liable to you for or in connection with:

• Failure of a Service to perform, in whole or in part, any function which we have specified it will perform;
• The unavailability of a Service to you, in whole or in part, because of the failure of the communication network, ancillary equipment or any circumstance beyond our reasonable control; or
• Delays or errors in the execution of any transaction or instruction because of the communication network, ancillary equipment or any circumstance beyond our reasonable control.

You may be able to access third party websites from this Website. Proximity Apartments does not make any representations in relation to the content, quality, or reliability of these websites, and Proximity Apartments’ inclusion of a link to them does not imply that Proximity Apartments has any relationship or affiliation with them.

Proximity Apartments is not responsible for the content or practices of third party websites that may be linked to the Website. The Website may also be linked to other websites operated by companies affiliated or connected with Proximity Apartments. When visiting other websites, you must refer to each such website’s individual terms and conditions of use.

Proximity Apartments takes no responsibility for third party advertisements that are posted on the Website, nor does it take any responsibility for the goods or services provided by advertisers.

Subject to the following paragraph, under no circumstances will Proximity Apartments or any related corporation or their respective directors or employees be liable to you for any losses, damages, liabilities, claims or expenses (including legal costs), whether direct, indirect, or consequential, howsoever caused (including, without limitation, negligence), suffered or incurred by you arising out of: use of, or any inability to use, the Website or any third party website; the Content of this Website or any third party website; or any services offered or made available to you by Proximity Apartments through the Website.

If any other legislation implies a condition or warranty into these Terms of Use in respect of goods or services supplied by Proximity Apartments, and Proximity Apartments’ liability for breach of that condition or warranty may not be excluded but may be limited, the previous paragraph does not apply to that liability and instead Proximity Apartments’ liability for any breach of that condition or warranty is limited to, in the case of a supply of goods, Proximity Apartments doing any one or more of the following (at Proximity Apartments’ election):

• replacing the goods/services or supplying equivalent goods/service;
• repairing the goods/service;
• paying the cost of replacing the goods/service or of acquiring equivalent goods/service;
• paying the cost of having the goods/service repaired, and, in the case of a supply of services, Proximity Apartments doing either or both of the following (at Proximity Apartments’ election):
• supplying the services again;
• paying the cost of having the services supplied again.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under any other legislation which may not be excluded, restricted or modified by agreement.

You must not create a hyperlink to any page within the Website unless Proximity Apartments gives you prior written permission.

Proximity Apartments reserves the right to immediately terminate this agreement or your use of, or access to, the Website at any time if Proximity Apartments decides at its sole discretion that you have breached the Terms of Use or any relevant law, rule or regulation, or you have engaged in conduct that Proximity Apartments considers to be inappropriate or unacceptable. All restrictions imposed on you, licenses granted by you and all Proximity Apartments disclaimers, limitations of liability and indemnities set out in the Terms of Use will survive any termination.

Proximity Apartments relies on your continued observance of these Terms of Use. If Proximity Apartments suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation, then you agree to indemnify Proximity Apartments for those losses, damages and costs.

These Terms of Use apply to the full extent possible in relation to the supply by Proximity Apartments of any content or services for a wireless application protocol service (“WAP service”), a short messaging service for mobile phone users (“SMS service”) and personal digital assistant service (“PDA service”).

These Terms of Use will be governed by and construed in accordance with the laws of New Zealand. You irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand. If any provision of these Terms of Use is 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.

Please review our Privacy Policy, which also governs your visit to the website. All rights not expressly granted herein are reserved.