In General

BaristaCats Ltd (“www.baristacats.co.nz”) owns and operate this Website. This document governs your relationship with www.baristacats.co.nz (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by www.baristacats.co.nz. BaristaCats Ltd has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at at the end of this document. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and BaristaCats Ltd will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of BaristaCats Ltd or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by BaristaCats Ltd and its licensors. You may store, print and display the content supplied solely for your own personal use. However, and qualifying the preceding sentence, you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, on any other website or through any other medium or channel, and nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

Cafe bookings
By making a booking you are offering to make your booking on and subject to the following terms and conditions. All orders are subject to availability and confirmation of price.

You agree that BaristaCats Ltd shall be able at its absolute discretion to make a postponement or cancellation of your booking for any reason, including but not limited to any force majeure event. In doing so, BaristaCats Ltd will endeavour to give you reasonable notice of any postponement or cancellation.

In the event of a cancellation before your visit due to the default of BaristaCats Ltd, or any reasonable force majeure event, BaristaCats Ltd will refund the purchase price to you. If you fail to turn up at the assigned time for your booking or your visit is otherwise cancelled due to your own default, you agree that BaristaCats Ltd will not be held responsible. In such an event BaristaCats Ltd may in its absolute discretion endeavour to find another booking time for you, but in any event BaristaCats Ltd shall not be liable for a refund of the purchase price.

BaristaCats Ltd takes the welfare of its cats very seriously. In making a booking, you agree that if you fail to comply with BaristaCats’ listed rules and policies regarding cat welfare, or you fail to adhere to a direction from any BaristaCats staff member regarding cat welfare, you may be asked to leave the cafe immediately and no portion of the booking price will be refunded.

BaristaCats Ltd makes no promises or representations as to the particular number of cats present on the premises during your visit, or the quality of cat interaction you enjoy. Cats are live animals – they may get sick, or have days where they do not wish to interact with the public. BaristaCats Ltd will not refund any portion of the booking price on account of customer dissatisfaction with the quality of cat interaction.

In making this booking, you further and unconditionally agree that neither BaristaCats Ltd nor any of its directors, officers, employees, consultants, agents or affiliates shall be liable for any personal injury, illness or property damage which you may suffer for any reason whatsoever during the course of your visit to BaristaCats Cafe, including by reason of accident or negligence (but excluding deliberate malfeasance). While BaristaCats Ltd has made every effort to make BaristaCats Cafe safe for cats and customers, we cannot control the behaviour of our cats at all times and BaristaCats Ltd accepts no liability for any loss or damage you may incur while on our premises.

In order to contract with BaristaCats Ltd, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. BaristsCats Ltd retains the right to refuse any request made by you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to change.

(a) Our Contract
When you place an order, you will receive an confirmation e-mail confirming your booking. A booking is not guaranteed until this email is received. The confirmation email will constitute acceptance of your order. The details (including date and time) for your booking listed on the confirmation email will be treated by the parties as definitive and conclusive. Once made, a booking may not be subject to change except at the absolute discretion of BaristaCats Ltd.

(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any booking which you have made, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your booking, you will receive a full refund.

(c) Payment
Upon receiving your order, we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be used as consideration for the value of the booking you have purchased as listed in the confirmation email.

Online store – merchandise

(a) Our Contract
When you place an order for goods through our online store, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition to the base price for the goods; such additional charges are clearly displayed where applicable and included in the “Total Cost”.

(c) Payment
Upon receiving your order, we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law BaristaCats Ltd and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect BaristaCat’s liability for any liability which cannot be excluded or limited under New Zealand law.

Linking to this Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with BaristaCats Ltd, and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to BaristaCats Ltd.

Indemnity

You agree to indemnify, defend and hold harmless BaristaCats, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

BaristaCats Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity/severability

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Service will not be affected and all other clauses shall remain in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know on the listed email or phone contacts if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and BaristaCats Ltd/www.baristacats.co.nz in regards to the Website and all bookings and other purchases made through it. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of BaristaCats Ltd.

Annex 1: Privacy Policy

User-submitted information
Personal information may be obtained from you at the time of making a booking or other online purchase, including but not limited to your name, address, contact phone number and email. This information shall be held securely and exclusively by BaristaCats Ltd (and its directors, officers and employees) and shall not be shared with any other third party or entity whatsoever without first obtaining the user’s consent. All monetary transactions conducted through the website shall be conducted through PayPal. Users should refer to the PayPal terms of service regarding the storage and use of personal information through that service.

Information collected automatically
Anonymous browsing data relating to your use of this website may be automatically obtained for statistical purposes, including through third-party applications such as Google Analytics. This information shall be held securely and exclusively by BaristaCats Ltd (and its directors, officers and employees) and/or by the third-party analytics provider, and shall not be shared with any other third party or entity whatsoever without first obtaining the user’s consent. This information may include but is not limited to your IP address, mobile device ID, location information, browser, operating system, URL of pages visited prior to visiting, ads, pages or links clicked on, and length of time visiting the site.

Cookies
BaristaCats Ltd reserves the right to use cookies on its website. By using the website, you consent to the use of cookies and their storage on your computer or other browsing device.

Please note, under the New Zealand Privacy Act 1993 you are entitled to make a personal request for information that BaristaCats Ltd holds about you. If you wish to make such a request, please contact BaristaCats Ltd using the contact information listed on the website.

This policy was created on 17 November 2015.