By visiting our site and/ or booking our tours, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website and booking our tours. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or book our tour.

Where we are

The Laughing Chestnut Limited
288 Ahuroa Valley Road
Makarau
Warkworth 0981

Phone: +64 (0) 27 313 0874
Email: contact@thelaughingchestnut.com

 

Prices and Payment

Our prices are stated in New Zealand Dollar (NZD).

Payments are processed via PayPal. Payments are available via Credit Card or from your PayPal account. You don’t need an existing PayPal account to pay via Credit Card. PayPal offers state of the art secure payments and an extensive buyer protection. You can find details on PayPal’s website here:

https://www.paypal.com/nz/webapps/mpp/paypal-buyer-protection

Prices for our products are subject to change without notice.

You agree to provide current, complete and accurate purchase and account information for all bookings. You agree to promptly update your account and other information, including your email address, telephone number and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

New Zealand jurisdictions applies to all transactions.

Prepayment by credit card and the subsequent confirmation by The Laughing Chestnut Ltd is accepted as confirmation of your booking.

 

Cancellations

Cancellation by you, the Customer:

If you are not able to partake in our tour on the date and time you have booked please contact us as far prior to this date and time as possible. Refunds will only be granted when we receive notification at least 72 hours prior (NZ time) to departure time. Should you wish to change the date of your tour we will try our best to accommodate you on another day. No charges apply to a change of date, in case we cannot book you on another date, refunds will only be granted when we receive your notification at least 72 hours prior (NZ time) to the original date of the booked tour.

Cancellation by us, the tour operator:

If we are not able to run the tour on the day you have booked we will refund you the amount in NZD you paid us for the tour (as specified during the checkout). This excludes any (bank) fees that you have been charged for transferring the payment to us.

Cancellation by us, the tour operator, due to the weather:

The tour takes place shine or rain. Should weather conditions be unsafe (based on warnings and forecasts issued by the Meteorological Service of New Zealand) we will make a reasonable effort to communicate this to you and will advise you of alternative dates or tours if possible. If you choose not to accept the alternatives offered, we will refund you the amount in NZD you paid us for the tour (as specified during the checkout). This excludes any (bank) fees that you have been charged for transferring the payment to us.

 

Fitness requirements

Please ensure you have read and understood the fitness requirements for the tour. If you have any questions in this regard, please contact us prior to your booking. If we deem it unsafe for you to take part of the tour we may refuse to let you participate on the tour or parts of it at any time. No refund can be granted in such circumstances. The fitness requirements are outlined on our website.

 

Photographs taken during the tour

Commercial photography, i.e for achieving financial gain, is not permitted during this tour. This is to comply with Auckland Council conditions for approved tour operators in the Auckland Regional Park network.

 

Responsibility for your (camera) equipment

We are not responsible for the safety of any items you bring on our tour unless they have explicitly been given (and accepted) into our care.

Privacy

We do not share your personal information with anyone. We will send you (automated) emails during the purchase process.

Please read our Return Policy here: http://tours.thelaughingchestnut.co.nz/privacy-policy/

We may use Google Analytics (analysing site usage) to improve this website for you. Please find information about Google Analytics security and privacy principles here. We do not use data-sharing with Google Analytics.

 

Restrictions and Conditions

Copyrights

We own all copyrights to the sold photos on this website.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Data transfer via the Internet

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Limit of sales

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Illegal Uses

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Indemnification

You agree to indemnify, defend and hold harmless The Laughing Chestnut and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Changes to the Terms and conditions

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

Rights in The Laughing Chestnut Online Services and Content

All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on The Laughing Chestnut Online Services and  Content belong to The Laughing Chestnut and/or third parties (which may include you or other users.) The Laughing Chestnut reserves all of its rights in Content and The Laughing Chestnut Online Services. Nothing in the Terms grants you a right or licence to use any trade mark, design right or copyright owned or controlled by The Laughing Chestnut or any other third party except as expressly provided in the Terms.