1. Definitions

The words or terms used in these Services Terms of Use and beginning with a capital letter shall have the following meaning:

 “CGA ” refers to the Consumer Guarantees Act 1993.

 “Subscription” refers to a fixed rate contract giving access to our paid Services, as required, for a limited period as specified in the specific subscription purchased by a Member.

“Member(s)” refers to one (or all) user(s) of one or more Services that validly subscribe to a RocktheBoat Subscription or has access to any of the Services after registering on the Sites.

“Option(s)” refers to the Paid Service(s) subscribed to by the Member to complete its Subscription.

“Paid Service(s)” refers to all Paid Services available to Members or Visitors.

“Site(s)” refers to, individually or collectively, the RocktheBoat websites and mobile applications, including RocktheBoat’s website accessible at www.rocktheboat.co.nz .

“Upgrade”refers to the paid addition, at the request of a Member, of additional Services to its Subscription.

“Visitor(s)” refers to one or more user(s) accessing and using one or more Services without having registered on the Sites.

“Terms of Use” refers to this contract.

2. Access and Registration to Service

2.1. Procedure and terms of access to and registration of Services, Start of contract

2.1.1 Terms of access and paid registration

The Member has the possibility to subscribe to a paid subscription, with or without Options, and therefore to benefit from the following features:

Features only available to Members with a Subscription:

• Provide preferred travel dates
• Provide travel date up to 24 months in advance
• Upgrade their Subscription plan
• Pause and Cancel their Subscription to the Service

To obtain a paid Subscription and gain access to all the features of the Site and Services accessible to it, the Member must either create an account, fill out their details and select and pay for their package online. After having reviewed your personal data, your subscription package and method of payment, the Member must confirm payment. This last step formalises the entering into the subscription contract to the Services in accordance with Article 9 of these Terms of Use.

Input errors by the Member or member of the RocktheBoat team may be corrected at any time before or after the contract is submitted. By making your first month payment and setting-up your monthly recurring payment for the remainder of your subscription package, after checking the contents of the purchase and making any changes deemed necessary, the Member accepts these Terms of Use in full without reservation.

Once payment is confirmed, RocktheBoat will also acknowledge receipt of the purchase by e-mail as soon as it is confirmed. This e-mail will include the RocktheBoat package selected, the invoiced amount, the invoice cycle and these Terms of Use containing RocktheBoat’s contact information.

2.2. Right to cancel and pause registration

2.2.1 Cancellation Policy

Pursuant to the Consumer Contracts Regulations, the Member has fourteen days from its subscription to the Services to exercise its right to cancel its registration, without penalty and without reason, by writing a clear and unambiguous statement that the Member wishes to cancel, including the member’s personal details, and sending its completed cancellation statement by email to info@rocktheboat.co.nz. Only applications related to the exercise of this right to cancel will be processed from these contact addresses. The cancellation period expires fourteen days after the contract conclusion date.

To comply with the cancellation period, the Member need only submit the clear and unambiguous statement of cancellation before the expiry of the cancellation period.

If the Member does not wish to have immediate access to the Service(s), that Member may wait until the expiry of the 14-day cooling-off period before booking their Trip. However, if the Member Books a Trip before the expiry of the 14-day cooling-off period, such Member would automatically void the ability to cancel the Membership during the cooling-off period.

Pursuant to the CGA, in the event the Member has booked a Trip during or after the cooling-off period, he or she shall pay RocktheBoat an amount which will allow such Member to go on their trip (this amount is set at $228 for a Local Day Out, $588 for a Local Family Day Out, $348 for a Local Mate, $1,788 for a Local Whanau, $5,988 for a Local Team - as of 20th May 2019). In such case, RocktheBoat will either take 3 additional monthly subscription payments of even amounts for each plan or full payment - by the same means of payment as those used by the Member for the initial transaction, unless otherwise agreed by the Member.

Any on-going monthly subscription payments past the cancellation of the Service will be stopped and the Member will be notified of said Cancellation by email.

2.2.2 Pausing your subscription

Monthly RocktheBoat membership plans can be placed on hold for up to three months at any given time. While on hold, your membership fee won’t be charged to your credit card, you will not be able to book or travel during this period. You will still have access to many of your benefits while on hold such as:

• YHA Membership deals

To place your account on hold, please contact Customer Service at info@rocktheboat.co.nz . If you need more time, you can take another hold later, so long as there is at least one month of paid membership between holds.

3. Use of Services

Once registered, the Member will have access to the Services, in accordance with its Subscription.

The prices and terms of payment for the various Paid Services are detailed under the section entitled “Prices and Terms of Payment” of these Terms of Use and are accessible at any time on the Sites during the presentation or use of the Paid Service(s) to which the Member wishes to subscribe, as well as its (or their) respective rate(s).

3.1. RocktheBoat’s obligations pertaining to the Services

The purpose of the Services is solely to provide Members of the RocktheBoat platform with a one day or one night break to the Bay of Islands on board The Rock Adventure Cruise.

The purpose of the Services also does not cover the verification of the actual identity of Members or End Users when they connect to the Sites or to control the content and information provided by Members and/or End Users. RocktheBoat is not responsible for any failure of the Members to provide accurate information.

However RocktheBoat does not limit or excludes their liability to you for: (i) death or personal injury caused by the negligence of RocktheBoat; (ii) fraudulent misrepresentation of RocktheBoat; or (iii) any other liability that may not be limited or excluded under New Zealand law.

3.2. Member’s obligations

The provisions of this Article also apply without prejudice to the Article entitled “Termination”.

As part of the use of the Services, the Member agrees to comply with the laws in force and respect third-party rights and the provisions of the Terms of Use.

3.2.1. General obligations:

The Member’s general obligations are as follows:

• Conduct itself in an honest manner with respect to RocktheBoat and other End Users and Members.
• Not infringe the intellectual property rights of the content provided by RocktheBoat and other Members.

3.2.2. Essential Obligations:

The Member’s Essential Obligations are as follows:

• Not to provide incorrect or misleading information regarding their personal data or travel preferences
• Not to post, disclose, or disseminate in any form whatsoever information or content that has the effect of diminishing, disrupting, preventing the normal use of the Services, interrupting and/or slowing the normal flow of communications between Members and RocktheBoat through the Services, such as software, viruses, logical bombs, mass mailing, etc.
• Not to provide email addresses to RocktheBoat of other persons or publish or send any information referring to other persons without having obtained their prior consent.
• Use the Services in accordance with the purpose described in the Terms of Use.
• A breach of the Essential Obligations constitutes a serious breach by the Member of its obligations. Without prejudice to the provisions of the Article entitled “Termination”, in the event a Member fails to fulfil one or more of these Essential Obligations, RocktheBoat may terminate the contract and permanently delete the Member’s account(s) on the Sites and Services.

4. Fees, Terms of Payment and Renewal

4.1. Fees, terms and conditions of payment

The use of Paid Services may only be made where the Member has a Subscription. Members may purchase a Subscription either by debit or credit card.

The fees and terms of payment for these various Paid Services are at all times available during the introduction or use of the Paid Service(s) to which the Member wishes to subscribe as well as its (or their) respective rate(s).

Fees are quoted in NZD, all taxes included. The purchase of a Subscription by a Member is virtually instantaneous from the validation of the transaction by Bank Card.

4.2. Subscription renewal terms and conditions

Members may, at any time, give notice to RocktheBoat of their intention to terminate their Subscription without fees other than those that may be incurred in submitting their request. This termination takes effect on the expiry date of the current Subscription, provided that the notice is made by the Member no later than fourteen days (14) prior to the expiry date of the current subscription, in accordance with the provisions of Article 8 below entitled “Termination”.

On the expiry of a Subscription, this Subscription will, unless the Member sent notice of the termination to RocktheBoat prior to the expiry of the current Subscription in accordance with the terms and conditions indicated, be successively renewed for periods equivalent to that originally opted for by the Member which is twelve (12) months for all Subscriptions. The extended Subscription will be charged to the Member on the basis of the base rate and the duration of the subscription initially taken out by the Member. The Member may terminate the extended subscription for an indefinite period at any time, which subscription will then expire at the end of the current subscription period, provided that the notice is made by the Member to RocktheBoat no later than fourteen (14) days prior to the expiry date of the current Subscription.

4.3. Terms and conditions for upgrading a RocktheBoat Subscription

The Member may also subscribe to other one-time services or purchase add-ons or additional products related to RocktheBoat Service(s) or upgrade their current RocktheBoat Subscription 

5. Intellectual Property*

5.1. Content disseminated on the Services

All Services names, trademarks, logos, graphics, photographs, animations, videos and texts contained on the Sites and within the Services are the property of RocktheBoat, and may not be reproduced, used or displayed without the express authorisation of RocktheBoat.

The rights of use granted to the Member are limited to private and personal use as part of and for the duration of the registration for the Services. Any other use by the Member is prohibited.

The Member is prohibited from, among other actions, modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially operating and/or distributing the Services, Site pages or the computer code of the Services and Sites, in any way whatsoever.

5.2. Content disseminated by Members

Members grant RocktheBoat a licence to use the intellectual property rights arising from the content provided by Members in connection with their registration and use of the Services or the display of its profile on the Services. This licence includes, but is not limited to, the right of RocktheBoat to reproduce, represent, adapt, translate, digitise, and use for the purposes of the Services, or sub-license the content provided by the Member (information, images, description, travel preferences, etc.) on all or part of the Services (on the Sites, by e-mail) and on all the Sites, in the mailing campaigns carried out by RocktheBoat, and, in general, on all electronic communication media (e-mail, SMS, MMS, WAP, Internet, mobile application) as part of the Services.

The Member expressly authorises RocktheBoat to modify this content to comply with the graphic charter of the Services or other communication media referred to above, and/or to bring it into compatibility with its technical functionality or the formats of the media in question. These rights are granted worldwide and for the duration of the Terms of Use between the Member and RocktheBoat. The Member may not copy, reproduce, or otherwise make use of the content produced by other Members, other than for the strict purposes of the use of the Services for personal and private purposes.

6. Liabilities and Representations and Warranties

6.1. Operation of Sites and Services

To use the Services, Members must have the equipment, software, and parameters necessary for the correct operation of the services, including the latest version of an Internet browser, with JavaScript functions activated, Session cookies permitted and acceptance of pop-ups.

Depending on your network configuration (protected by a firewall or proxy) the connection with our sites might not be possible.

Members must have the abilities, materials and software required for the use of the Internet or the Services mobile application, if applicable, the Internet services, and acknowledge that the nature and constraints of the Internet do not guarantee the security, availability and integrity of the transmission of data over the Internet or through mobile applications.

RocktheBoat does not guarantee that the Services will be able to be used if Members use a “pop-up killer” tool; in this case, this function must be disabled prior to the use of the Services.

RocktheBoat does not warrant that the Services will function properly if the Member’s Internet service provider fails to provide an adequate level of service. Similarly, if applicable, the use of smartphone applications, whose use Members have agreed on directly with the provider, requires Members to have a smartphone and a satisfactory connection.

Under these circumstances, RocktheBoat is not responsible for any lack of functionality, lack of access or poor conditions of use of the Sites that would be attributable to equipment-related inadequacies, to the internal failures of Members’ access provider, the overloading of the Internet network and for any and all other reasons external to RocktheBoat, which the Member agrees are events of force majeure.

The operation of the Services may be interrupted momentarily due to maintenance, updates or technical improvements, or to update the content and/or the way it is presented. To the extent possible, RocktheBoat will notify their Members prior to any maintenance operations or updates.

6.2. Information and content provided by Members

6.2.1. Information provided by a Member to RocktheBoat, must be accurate and true. A Member may disclose information voluntarily and the consequences that disclosing this information may have on the Member’s life or the lives of other Members are the exclusive responsibility of the Member in question. The Member, on its own account, discloses and disseminates information, data, texts, content and images that concern it through the Services. Accordingly, the Member waives the right to make any claim against RocktheBoat, in particular on the basis of the possible infringement of its image rights, honour, reputation or privacy of its private life, that may result from the distribution or dissemination of information that concern it under the terms and conditions established in the Terms of Use, in particular, Article 5, “Members’ Privacy and Data Protection”, to the extent that the Member has previously given its voluntary and express consent to such dissemination as a result of its registration with the Services and in application of the Terms of Use.

6.2.2. RocktheBoat cannot be held liable for the accuracy or inaccuracy of the information and content provided by other Members, visitors to the Sites and/or the Member itself (and the consequences of reliance on any such information). Similarly, RocktheBoat cannot be held liable for any content disseminated by a Member that may potentially constitute a breach of the rights of one or more of the other Members or third parties, where a member of RocktheBoat can demonstrate that it: (i) was not informed by a Member or third party, or about the content or the dissemination, (ii) did not have actual or prior knowledge of the same or (iii) did not commit a breach in the performance of any of its contractual obligations which led to such content being disseminated.

RocktheBoat may only be held liable by a Member if and to the extent there is proof of a breach having been committed by RocktheBoat or one of its service providers involved in the performance of the RocktheBoat’s contractual obligations, and this breach has caused the Member direct damage. Where appropriate, it will be RocktheBoat’s responsibility to demonstrate that it has not committed any breaches in the performance of its contractual obligations. RocktheBoat may not be held liable for any direct or indirect damage incurred by the Member in the event the Member causes the damage or the damage results from an event of force majeure.

6.2.3. The quality of the Services demanded by both RocktheBoat and its Members requires that Members conduct themselves ethically, and behave with respect for the rights of third parties, and the respect for the laws and regulations in force. To meet this demand for quality, individual responsibility and ethics, RocktheBoat requests any Member to report any data (photography, text, video), behaviours or comments made by another Member that appear to be in violation of the laws and regulations in force, concerning the purpose of the Services, third-party rights or public morals.

As a result, Members acknowledge and accept that the data they provide, as well as their behaviour or comments made through the Services, may be reported by other Members or End Users and are subject to acts of moderation and/or oversight by RocktheBoat on the basis of objective assessment criteria. In the event that RocktheBoat’s investigation of a report reveals that a Member violated the laws and regulations in force or its contractual obligations, the provisions of the Terms of Use, in particular, Article 8 entitled “Termination”, may be applied. Depending on the Members’ behaviour or the comments made by Members, the monitoring team may decide to block any new registration by a Member that has been the subject of a complaint.

6.2.4. In the event RocktheBoat is held liable on the basis of a Member’s breach of its legal obligations or those under the Terms of Use, said Member agrees to indemnify and hold RocktheBoat harmless against any orders issued against it resulting from the Member’s breach of its obligations.

6.3. Links and external resources

RocktheBoat is only liable for the hyperlinks it creates, and does not exercise any control over the External Websites and external resources (third-party websites or mobile applications, social networks, etc.) to which the hyperlinks accessible on the Sites and the Services redirect and which RocktheBoat did not create. It cannot be held liable for the provision of hyperlinks to External Websites, and cannot be held liable for their content, advertisements, products, service features or any other information available on or based on the use of such External Websites.

Any issues relating to a link must be submitted to the administrator or webmaster of the site in question. A Member’s access and/or use of these sources and External Websites may be governed by third party terms and conditions over which RocktheBoat has no control.

Finally, if during the course of using the Sites, the use of the Sites leads a Member to pages that include External Websites, pages or forums whose title and/or content constitutes a violation of applicable law, that Member is requested to terminate its use of the Sites, or navigate to, the External Website in question. Members who continue to search, or navigate to, such External Websites proceed at their own risk, and RocktheBoat will not be liable for the content of External Websites.

6.4 Indemnity

You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this Agreement and/or to your use of the Services.

6.5 Functioning of the Site and Services

To use the Services, the Member must have the necessary hardware equipment and software and the necessary parameters required to properly use the website e.g. access to the Internet. Members are also advised to have JavaScript functions, cookies and pop-ups enabled.

The Member must have the skills, hardware and software required to use the Internet or, as appropriate, Internet, telephone and mobile Services, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.

We do not guarantee that the Services will function if the Member activates a pop-up killing tool. In this case, the function should be deactivated before using the Service.

We do not guarantee that the Services will be usable if the Member’s Internet Service Provider (“ISP”) is unable to provide its services properly. In this context, we cannot be held responsible for the non-functioning, unavailability or adverse conditions of usage of the website resulting from incorrect hardware, problems experienced by the Member’s ISP or blockages on the Internet networks or for all other reasons outside our sphere of influence. Moreover, due amongst other things to the specifics of their Internet browser, Members connecting through AOL may encounter problems making our sites function properly. Furthermore, smartphone applications are only available to our Members in possession of the smartphone handset and Internet access is required.

Under these conditions, we do not guarantee that the Services shall function without interruption or error. In particular, the use of our website may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, we shall inform Members prior to maintenance work or updates.

Please note that up-to-date Adobe Flash software may be required for this website to function properly (download from: http://adobe.com/getflash). Depending on your network configuration (if protected behind a firewall or proxy), connection to our Messenger service may not be possible.

7. Termination

Members may terminate their subscription to the Services by requesting the closing of their RocktheBoat account at any time without reason, by making a request through info@rocktheboat.co.nz or by any means which may be indicated under this heading. This request will be deemed made on the working day following the receipt by RocktheBoat of the request to close the account concerned. This request will not entail reimbursement to the Member of the period remaining until the Member Subscription expires.

The termination of a Subscription by a Member takes effect on the expiry date of the current Subscription, provided that notice was made by the Member to RocktheBoat no later than fourteen (14) days prior to the expiry date of the current Subscription.

Without prejudice to the other provisions of the Terms of Use, in the event of a serious breach of the Terms of Use by the Member, RocktheBoat will terminate the Member’s account without prior notice or formal notice. This termination will have the same effect as the termination by the Member.

This termination will take effect without prejudice to any damages RocktheBoat, its or their successors and/or authorized representatives may claim from Members as compensation for losses incurred by RocktheBoat and/or its successors and/or authorised representatives as a result of these breaches.

The Member will be notified by e-mail of the termination or confirmation of the termination of its account. Data relating to the Member will be destroyed at the request of the Member or at the expiry of the current statutory period from the termination of the Member’s account.

8. Agreement with the Member

These Terms of Use constitute a contract that governs relations between the Member and RocktheBoat. These Terms of Use supersede all previous provisions not expressly referred to or appended and constitute the entire rights and obligations of RocktheBoat and the Member with respect to their subject matter.

If one or more provisions in the Terms of Use are held to be unenforceable under applicable laws or regulations or as a result of a final decision of a competent court, the other provisions will remain in full force and effect, to the extent permitted by that decision. Furthermore, the failure of a Party to act with respect to a breach by the other Party of any of the provisions of these Terms of Use does not in any way imply a waiver of the right to act at a later date with respect to that breach.

9. Modification of the Services or Terms of Use

RocktheBoat may amend these Terms of Use at any time. Notice of the nature of these amendments will be sent to Members as soon as they are posted on the Sites. The amendments will come into effect one month after they are posted on the Sites. With respect to Members registering after the amendments are posted on the Sites, these amendments will immediately apply, as they will have expressly accepted them by becoming Members. Upon the issuing of an amendment to a Member, the Member will have several options:

9.1. The Subscription initially taken out by the Member has not yet expired

In this case, the Member may choose to comply instead with the Terms of Use that were in force on the date that the Member’s initial Subscription started until the expiry of that initial Subscription.

9.2. The Member’s initial Subscription period has expired

In this case, the Member may implement the procedure referred to in Article 8 entitled “Termination” at any time during the four (4) months following the date of entry into force of the new Terms of Use. Beyond this four-month period, if the Member has not made known its intention to terminate its account, the Member’s acceptance of the new Terms of Use is implied.

Members are accordingly invited to consult the version of the Terms of Use in force available on the Sites at all times.

10. Applicable law - Disputes

These Terms of Use are governed, interpreted and applied in accordance with New Zealand law, with the English language being the language of interpretation. In the event of a dispute as to the meaning of a term or provision of these Terms of Use, Members may contact RocktheBoat by emailing info@rocktheboat.co.nz , making sure to indicate any personal identifiers including first name, last name and email address. In accordance with the rules applicable to mediation, prior to any request for mediation, the Member must first have raised any dispute with RocktheBoat in writing in order to attempt an amicable resolution of this dispute.

Any disputes between RocktheBoat and a Member, including any non-contractual disputes, arising from these Terms of Use or the Services that the Member does not elect to settle by mediation as described above, will be dealt with by the courts of New Zealand.

11. About Us

The Services provided by RocktheBoat to Members and Visitors pursuant to these Terms of Use are offered by RocktheBoat, a private limited company incorporated in New Zealand with registered company number 2063243 whose postal address is P O Box 433, Paihia, Northland 0247 and whose registered office is at The Wharf Office, 69 Marsden Road, Paihia, Northland, New Zealand 0200

For any questions, you can contact RocktheBoat by emailing us at info@rocktheboat.co.nz