1. GENERAL WEBSITE TERMS AND CONDITIONS

1. Acceptance: This website is owned and operated by Elicious Eatery (“Elicious Eatery”). Your use of this website is subject to all applicable laws, these general terms and conditions, the privacy policy below and any additional terms of use indicated on this website (together, the “Terms”). By accessing and browsing Elicious Eateryity.co.nz or www.eliciouseatery.co.nz (“our websites”), you agree to be bound by the Terms. If you do not wish to be bound by the Terms, please do not use our websites. Elicious Eatery may amend the Terms from time to time (see clause 5 below). You agree to be bound by the Terms in effect at the time at which you access this website.

2. General Disclaimer: Elicious Eatery makes every effort to ensure the information published on our websites is up-to-date and accurate. However, we cannot guarantee the accuracy of our content at any one time. Elicious Eatery does not accept any liability 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 or accessed through our websites.

3. Additional terms: Some of the individual services, promotions, events and offers advertised on or through our websites are governed by Elicious Eatery’s and third party suppliers’ additional terms of use (the “Additional Terms”). You accept, and agree to comply with, any Additional Terms (and Elicious Eatery’s Additional Terms prevail if there is any inconsistency with these general terms and conditions).

4. Changes to Terms: These Terms may be amended at any time by Elicious Eatery without specific notice to you. The latest Terms will be posted on our websites, and you should review these Terms prior to using our websites. 6. Limited duration and availability: Any events, offers and deals listed on our websites may only be available for a limited time period (as indicated on the website) and are only available and redeemable in New Zealand by New Zealand residents and visitors in New Zealand (except where expressly stated otherwise). Such events, offers and deals are also subject to availability and change and are the sole responsibility of the relevant third party supplier, not Elicious Eatery. In some instances, the events, offers and deals listed on our websites will be subject to strict age restrictions (e.g. R18 or R20), including but not limited to events, offers and deals for bars, restaurants, hotels and casinos and so only persons who meet the age restrictions are eligible for the aforesaid events, offers and deals. To apply for, or be entitled to, an event, offer or deal on our websites, you may need to register your details with Elicious Eatery or the relevant third party supplier and/or apply for that event, offer or deal. You acknowledge that any events, offers and deals listed on our websites have not been successfully allocated to you unless and until this has been confirmed by Elicious Eatery or the relevant third party supplier.

6. Change of Content: Elicious Eatery reserves the right to make changes to the content of our websites at any time without notice, excluding in the case of our member database where members change and update their own data from time to time.

7. Notice of Copyright: Material that you see on our websites or contained in emails sent to you by Elicious Eatery (including email newsletters) may be protected by copyright or trade mark, patent or other protections (“the Rights”), even if it is not stated to be. You may not download, copy, reprint, distribute or otherwise publish information, graphics or images from our websites without the express permission of the owner of the Rights. Elicious Eatery is not responsible for damage (including damage caused by viruses) to your computer or software or any losses suffered by you as a result of downloading, installing or using the material.

8. Price and GST: Unless expressly stated otherwise, all references to price on our websites are in New Zealand Dollars (NZD) and are subject to Goods and Services Tax (GST), where applicable. 10. No responsibility: Although Elicious Eatery endeavours to ensure that the third party events, offers and deals on www.eliciouseatery.co.nz are genuine, Elicious Eatery does not necessarily sponsor, guarantee or approve of any of the events, offers or deals advertised or promoted on this website and, to the extent permitted by law, accepts no responsibility or liability for the events, offers or deals whatsoever. Admission to some events, or redemption of some offers or deals, may require the purchase of tickets or advanced booking, which are subject to availability and Additional Terms.

9. Accuracy: Elicious Eatery endeavours to ensure the information and data published on our websites, including but not limited to publications or information and data, is up-to-date and accurate. However, we cannot guarantee the accuracy of our content at any one time or that our websites (or emails sent from Elicious Eatery) will be error free, free of any viruses or compatible with any other software or material. Elicious Eatery does not accept any liability (to the extent permitted by law), 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 or accessed through our websites or any emails or electronic alerts sent to you by Elicious Eatery (including but not limited to email newsletters).

11. Inaccuracies: If you want to amend the information we hold or correct any inaccuracies that have been published on our websites or sent via email, you may do so by sending an email to info@eliciouseatery.co.nz

12. Links: Our websites may contain links to other sites. Elicious Eatery accepts no responsibility or liability in relation to content, accuracy or opinions expressed in these sites. Inclusion of any linked website on our website does not imply approval or endorsement of the linked website by us. If you decide to leave our website and access these third party sites, you do so at your own risk.

13. No interference: When using our websites, you agree not to do anything that may cause Elicious Eatery undue inconvenience, disruption or offence, or that may affect the security or operation of our websites, any services offered via our websites or any network or system underlying or connected to them (including without limitation, by using a robot, spider, scraper or other automated means to access this website or feature on it for any purpose). Elicious Eatery reserves the right to terminate your use of our websites for any reason whatsoever (in its sole discretion, acting reasonably). You agree to indemnify Elicious Eatery against the consequences of any breach of these Terms. 2.

PRIVACY POLICY
1. Your consent: By using our websites and signing up to email newsletter/s, offer alerts or other alerts and/or using Elicious Eatery’s services, you consent to our collection, use, disclosure, and processing of your personal information as described in this privacy policy.

2. If we change our privacy policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

3. Cookies and web tags: Cookies are small bits of data that are deposited on a user’s browser. Our websites utilise cookies, IP addresses and other interactive techniques such as web tags to collect information on how you use our websites for specific functions, including running analytics and targeting messaging on social media. The cookies and tags we use do not collect personally identifiable information, and we do not use them to determine your identity. Cookies permit users to store their password and other user information without having to constantly re-enter this data. Cookies also permit us to tailor our websites to your needs. Most browsers permit users to decline to accept cookies, although the default setting is typically to accept them. You may choose to decline the cookies, but refusing cookies may limit your ability to use our websites in their entirety.

4. Information collection: If you do nothing during your visit but browse through our websites and read the information contained on the web pages, then we may gather certain information about your visit automatically. This information does not identify you personally. We may automatically gather the internet domain (for example, “companys.co.nz” if you use a private internet access account, or “myhouse.ac.nz” if you connect from a university’s domain), IP address (an IP address is a number that is automatically assigned to your computer whenever you are surfing the web) from which you access our website, and the date and time you access our website and the pages you visit. This information is used in statistical and aggregate formats to assess the effectiveness of and improve our websites and Elicious Eatery’s services, to determine our visitors’ preferences and interests, and to help us target messaging on social media. We may collect non-public personal information from you when you voluntarily provide personally identifiable information to us though our websites, such as when entering competitions or submitting a membership application. We limit use of such information to the purposes for which the information was provided and/or intended for. If you send an email that includes personally identifiable information, for example, in an email containing an inquiry, we will use that information to respond to your inquiry. Remember that email is not necessarily secure against interception.

5. Consumer member registration: To apply for, or be entitled to, an event, offer or deal on the consumer website (eliciouseatery.co.nz), you may be prompted to register as a member of the website. If you register as a member directly through the website, you will need to provide Elicious Eatery with personal information such as your name and email address. If you register as a member through Facebook, you will be required to give permission to Elicious Eatery to access your basic information (which includes your name, profile picture, gender, networks, user ID, list of friends, and any other information you have publicly shared). You will not be able to register as a member if you do not provide or allow Elicious Eatery access to such personal information.

6. Business member registration: If you register as a business or commercial property owner member through the business website (Elicious Eateryity.co.nz), you will need to provide Elicious Eatery with personal information such as your name, mobile number and email address, or you will not be able to register as a member. This information is your responsibility to administer at all times by logging on to your profile. You are able to choose what information is published and what is used for membership communications only. All information you provide will only be used for the purpose for which it is provided and will not be shared with third parties.

7. Offensive content and membership removal: You agree that at all times during which you are a member of either of our websites, you will use a name and/or profile picture which is not defamatory, indecent, objectionable or otherwise offensive. You also agree that no content you create on our websites will be defamatory, indecent, objectionable or otherwise offensive. You acknowledge that Elicious Eatery, in its sole and absolute discretion, may remove you as a member of our websites, or remove any content you create, at any time without notice to you should you breach these Terms.

8. Newsletters: When you subscribe to either, or both of our newsletter mailing lists, your details become part of Elicious Eatery’s email newsletter mailing list. Being part of this list enables us to send you information about offers, events, shopping, dining, nightlife, attractions, accommodation, advocacy, city centre developments, The information you have provided, will remain confidential and will be used only for the purpose of communication, as well as for targeting our messaging on social media via de-identified means (eg using Audiences on Facebook). Once subscribed to these mailing lists, you may unsubscribe at any time.

9. Offer Alerts: When you subscribe to receive offer alerts, your details become part of the Elicious Eatery’s mailing list. Being part of this list enables us to send you information about Elicious Eatery offers. Only Elicious Eatery has rights to this mailing list and we will take all reasonable steps to ensure that your contact details remain confidential at all times. Once subscribed to this mailing list, you may unsubscribe at any time.

10. Access: You may ask to see the personal information that Elicious Eatery holds about you at any time by contacting us or by viewing your details on your account page and or your member profile. You are entitled to ask Elicious Eatery to correct, alter or delete any personal information that we hold about you by contacting us at 19 Clive Square West, Napier or info@eliciouseatery.co.nz 11.

Competition: Any personal information collected as part of a competition or survey will be held by Elicious Eatery in accordance with its obligations under the Privacy Act 2020 and will not be shared with third parties.