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Terms of use

Please carefully read these terms of use (“Terms”) because by using this website, you signify your agreement to the then-current Terms.  We reserve the right to replace or modify the Terms at any time.  Whenever Terms are updated they will be posted on this website, identifiable by the date noted below the heading. If you do not agree to these Terms, please do not use the website.

The terms "we", "us", "our", and "Serko", refer to Serko Ltd, as well as its subsidiaries, agents and assigns, the leader in Corporate travel in the Australasia region and a publicly listed company in New Zealand. Our registered office address is 125 The Strand, Parnell, Auckland, New Zealand. Our phone contact is +64 9 309 4754.

The Conditions of Use of this Site

These Terms shall apply to all users of this website, and are deemed to be incorporated in all contracts between Serko and users.  If there is any conflict between these Terms and the provisions of another contract between Serko and you, these Terms will prevail. For the avoidance of doubt, when you are using the website, the relevant protections contained in the Fair Trading Act will apply.  For the avoidance of doubt the relevant Fair Trading Act is that of the country where the Serko entity you are dealing with is registered and advertises.

Any bookings made, or requests placed by you, shall be deemed to be an offer made by you to purchase the relevant travel-related products or services subject to our Terms, as well as the booking or carriage conditions of the relevant supplier (“Agreement”). You acknowledge and agree that this Agreement constitutes a valid and enforceable contract for the services once payment has been processed.  

If considered necessary to protect the integrity and/or security of our services we retain the right to deny anyone access at any time, and for any reason including, but not limited to, for violation of these Terms.

Copyright Information

Copyright 2016 Serko Ltd. All rights reserved.

All reproduction or distribution of any material on this site or any Serko website (including, but not limited to, text, photographs, movies, music, computer programs, etc.) or any part of that material ("Material"), is strictly prohibited, unless explicitly stated otherwise.

Trademarks

The Serko® trade name and logotype and all related product or service names, design marks, logotypes or slogans are the property of Serko and may not be used in any way without prior written approval from Serko.

Your Obligations

In using any Serko website, you must:

  • Warrant you are at least 18 years of age and possess the legal authority to create a binding legal obligation;
  • Will comply with these Terms and the provisions of any other contract between Serko and you; 
  • Will not use this website, for any purpose that is unlawful or prohibited by this agreement;
  • Will ensure that all information you provide us with is current, complete and accurate;
  • Will ensure that any access information we provide to you (for example, user identification details or numbers) is kept secure and not provided to any third party; 
  • Will only use the Serko service to make legitimate bookings for you or for another person for whom you are legally authorised to act;
  • Will not interfere or attempt to interfere, by any means, with the proper working of this website;
  • Will not make fraudulent bookings or fraudulent expense entries;
  • Will not make any test bookings or expense entries unless specifically requested to by us; and
  • Except for internal business purposes, you will not publish, disclose or otherwise make available to any third-party any data or compilation of data obtained from our service.

Obligations under this section shall survive the expiration or termination of these Terms for any reason.

Privacy Policy 

Your privacy is important to us and we will handle your Personal Information in accordance with the terms and conditions set out in our Privacy Policy which is posted on the website.  Serko complies with applicable privacy laws (“Privacy Law”) in relation to the collection and disclosure of information regarding individuals using and assessing this website. 

Links to External Websites

Where we provide a link to an external website, you may use that website in accordance with the terms of use applicable to that website.  Serko does not assume any responsibility whatsoever for the content or functionality of external websites which are not operated or controlled by Serko and we do not endorse the content of such websites.  It is up to you to take precautions to ensure that any links you select or software you download (whether from this website or other websites) is free of items such as viruses, worms, trojan horses, defects and other items of a destructive nature.

Limitation of Liability

The Material on, and information contained on, or accessible through any Serko website, may contain technical errors or typing inaccuracies or other types of errors or inaccuracies. Serko assumes no responsibility whatsoever for any such errors or inaccuraciesSerko explicitly disclaims any warranty that any Serko website will be secure, private, available continuously, or error free, or that any information, software or other Material contained on, or accessible through, any Serko website is free of computer viruses or other harmful components.

The Material and information on all Serko websites are provided for general informational purposes. Serko makes no warranties of any kind, either express or implied, including, but not limited to, warranties of completeness, accuracy, correctness, title, non-infringement or implied warranties of merchantability or fitness for a particular purpose in relation to this Material and information.
Serko shall not be liable for the consequence of any action(s) you may take on the basis of the information contained on, or accessible through, any Serko website.

Serko is not liable to you for any loss or damage, however caused, which may be directly or indirectly suffered, in connection with use of any the information contained on, or accessible through, any Serko website.

Further, Serko shall not be liable to you for any consequential, incidental, indirect or special damage or loss of any kind, nor is Serko liable for any damage or loss caused by your servants agents buyers or any other persons howsoever, even if there is negligence by Serko, or if Serko has been advised of the possibility of such damages, or both.

The total liability of Serko whether in contract tort or otherwise for any loss, damage, cost, expenses or injury under whatever causes of action, and whether in contract, tort or otherwise, will not exceed the amount paid by you, if any, for accessing any Serko website.

Consumer Guarantees Act

If you are a consumer under the Consumer Guarantees Act 1993 of New Zealand (“the Act”), and you are not accessing the Serko website for business purposes, then nothing in these terms will affect your rights under the Act, and in particular, the Limitation of Liability section (above), will not apply.

Suspension and Termination

Serko reserves the right to investigate any violation of these terms or any misuse of this website, and to suspend your access to this website, without notice to you, if you breach, or authorise, encourage, promote, facilitate or instruct others to breach, these terms. If, in Serko’s sole discretion, Serko determines that the breach can be remedied and that it is unnecessary to suspend your access to this website pending remediation of the breach, Serko may notify you to rectify the breach within the time period that Serko specifies, and if the breach is not remedied within such time period, Serko reserves the right to suspend your access to this website.

Serko also reserves the right to suspend access to this website if this website is threatened or impaired in whole or in part, and to modify, remove, block or disable access to any Materials available on or through this website that breaches these terms or any other agreement between you and Serko for use of this website.

If Serko suspends your access to this website and the reason for suspension is not corrected by you within 7 days, Serko may terminate your access to this website, in which case Serko reserves the right to levy a reasonable fee against you for any costs incurred by SERKO arising from such suspension or termination.

Applicable Laws

Serko makes no representation that the Material is appropriate or available for use in other locations, or accessible from territories where the content is illegal or prohibited. Those who choose to access Serko's websites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the Materials shall be governed by the laws of New Zealand and you accept the exclusive jurisdiction of the New Zealand courts.

Severability

If any part of these Terms is held unenforceable by a court of competent jurisdiction, the remaining parts of these Terms will remain in full force and effect. 

Complaints:

We will try to settle any complaints quickly and fairly. If you are unhappy with our service or your booking experience please contact us.  We will work with you in good faith to resolve your concern and if applicable, liaise with the supplier on your behalf. All correspondence should be sent to us at the following address: 125 The Strand, Parnell, Auckland, New Zealand. Our phone contact is +64 9 309 4754.

 

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