Terms, conditions and privacy policy

TERMS AND CONDITIONS FOR HOTEL AND ARENT ACCOMMODATION & SERVICES

These Conditions are the standard terms and conditions that apply to the booking of any Hotel room provided by the Company on behalf of the AWA Hotel and ARent Accommodations via this website and any other online travel agents websites or any other sources including bookings via walk in or telephone, along with the provision by us of any Services (as defined in clause 1.1. below) offered to and used by Guests. These Conditions set out your legal rights and responsibilities, our legal rights and responsibilities and certain key information which we are required by law to provide to Consumers (as defined in clause 1.1 below).

Your attention is particularly drawn to the provisions of clause 10 (Limitation of Liability).

1 DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these Conditions, the following expressions have the following meanings:

Business means any business, trade, craft or profession carried on by you or any other person/organisation.

Conditions means these terms and conditions as amended from time to time in accordance with clause 11.

Company/we/us/our means AWA Hotel Limited and ARent1 Limited companies incorporated in New Zealand whose registered office at 2 Kawaha Point Road, Fairy Springs, Rotorua and/or 57 Pavilion Drive, Manager, Auckland.

Consumer means an individual customer or Guest who receives Services for his/her personal use and for purposes wholly or mainly outside the purposes of any Business.

Hotel means AWA Hotel, and/or ARent accommodations, along with their premises and other type(s) of accommodation (including but not limited to treehouses and huts) of which they are comprised.

Late Cancellation Charge has the meaning given in clause 4.4.

Price List means the Hotel’s standard price list of Rates. The Price List is available on the Hotel’s website or other places.

Rates means the prices payable by you for the provision by us of room accommodation and (where applicable) other Services.

Regulations means The latest version of New Zealand Consumer Contracts (Information, Cancellation and Additional Charges).

Services means the provision of accommodation in rooms at the Hotel any and all other facilities, services and items offered by us;

Estate means AWA Hotel and/or ARent accommodations.

Guest/you means a customer of the Company who agrees to pay as a paying guest of the Company and also for members of his/her party and any of his/her guests.

1.2 Interpretation

In these Conditions:

1.2.1 a reference to a clause is a reference to a clause of these Conditions;

1.2.2 a reference to a ‘party’ refers to the parties to the Agreement and includes that party’s personal representatives, successors and permitted assigns;

1.2.3 a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;

1.2.4 a reference to a ‘company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;

1.2.5 words in the singular include the plural and vice versa;

1.2.6 any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;

1.2.7 a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form; and

1.2.8 a reference to legislation is a reference to that legislation as amended, extended, re-enacted or consolidated from time to time and includes all subordinate legislation made from time to time under that legislation.

2. RESERVATIONS

2.1 All reservations shall be governed by these Conditions. You may book to make a reservation for a room or other Services in advance through the Estate’s website www.awahotel.nz, www.arentals.co.nz, and other related websites), by telephone or in person.

2.2 When you request us to make a reservation, you must provide us with your identification information including, but not limited to, your name, address, contact telephone number and email address.

2.3 You must give us payment details for any reservation at the time of booking. We will take your credit/debit card details (which must be valid beyond the date of your intended stay) and you authorise the use of this card for any sums that become due to us. Unless the booking for the reservation expressly states that you must pay at the time of reservation or at the time of check in, we will not take any payment from you for it until the time indicated in clause 3 below.

2.4 Your request to us to make a reservation for you will constitute an offer by you to purchase the Services but whether we accept any such offer will be for us to decide in our discretion. Only once we tell you that we accept your request for a particular reservation and confirm to you the booking reference, there will there be a booking. At that point, a binding contract between us for the reservation of a room or other Services will come into existence.

2.5 You may change your reservation following individual change policies in the related websites and rate plans, although we cannot guarantee that we will be able to accommodate such changes.

2.6 Instead of making a reservation in advance, you may make a booking when you arrive. If we have availability of the type of room or the particular room or other Services that you request at that time, we will accept your request for the booking, although we cannot promise that any room(s) or particular room(s) requested or such requested Services will be available.

2.7 You may request additional nights at the Hotel at any time during your stay. We will use all reasonable endeavors to meet such a request. If we are able to meet any request, we will accept the request as a booking and that booking will then form a binding contract between you and us.

2.8 We will not guarantee or we may cancel any bookings if we have not received payments by 7:00 pm of the booked date(s) of arrivals, and this terms and condition supersede any other terms and conditions and booking policies for any bookings of AWA Hotel and ARent accommodations.

3. FEES AND PAYMENT

3.1 We make details of Rates including, where applicable, promotional Rates and other special offers available on the Hotel and related websites, at the Hotel reception and/or by email or post.

3.2 When you request a reservation and we quote any Rate(s), the Rate(s) will apply only to the provision of hotel bedroom and ARent accommodation unless we specifically state otherwise.

3.3 Additional charges may apply for other Services including, but not limited to, car parking, meals, drinks, room service, use of wireless internet access, leisure, fitness or entertainment facilities or activities, use of any function or other rooms, or any other equipment, services or facilities. We will inform you of Rates payable for such additional Services on request when you arrive at the Hotel.

3.4 Subject to clause 3.5 below, and unless we agree a different arrangement with you, we shall give you an invoice for all sums due and payable to us and you must pay that invoice in full when you check-out from the Hotel.

3.5 The following will apply to any promotional Rates that we may offer from time to time:

3.5.1 Unless we specifically state otherwise, you must pay in full at the time of booking for a reservation to which a promotional Rate applies and we will not have to give you any refund except where Clause 4 specifically states that we must do so;

3.5.2 If you incur charges during your stay in addition to the promotional Rate for the reservation of a room, we will invoice them and you must pay for them as required by clause 3.3 above; and

3.5.3 If you request any additional nights and we accept the request as a booking under clause 2.7 above, you must pay for the additional nights at the standard Rate.

3.6 You may pay us for Services (and for any deposit or other advance payment on account of that payment) by credit/debit card, by cash or by bank transfer.

3.7 We may alter any of our Rates without prior notice but if the Rate of any Service increases between the time when you make a booking and the date when the booked room accommodation or other Service is to be provided, any increase in the Rate will not apply to your booking.

3.8 Whether these Conditions require payment upon booking or on check out or at any other time, you must pay in full for any reservation booked and will not be entitled to any refund, except as stated in clause 4.

3.9 Where Clause 4 specifically says that you will be entitled to a (full or partial) refund, or where you become entitled to any refund either as a result of our breach of these Terms & Conditions or as a “consumer” under the latest version of the Consumer Rights Act or other consumer protection legislation, we will make a refund to you as set out in Clause 4 or as required by such legislation.

4. CANCELLATIONS

Subject to cancellation policy of individual rate plans, while any bookings made subjected to our terms and conditions.

5. CHECK-IN AND CHECK-OUT

5.1 The earliest check-in time at our Hotel and/or ARent accommodations is from 15:00 hrs on the arrival date. Earlier check in is possible subjected to earlier check in fees to be paid.

5.2 Guests may be asked to provide proof of identify upon check-in. Acceptable forms of identification are a passport or driving license.

5.3 The latest time by which you must vacate your room and check-out from each Hotel Room or accommodation is 10:00 am unless late check out fees being paid and prearrangement in place.

5.4 If we have agreed and arranged a late check-out under clause 5.3 above, we shall be entitled to charge you at an hourly rate for the additional time from our standard latest check-out time until the time you check-out, and we shall give you details of the hourly rate of that charge when you request a late check- out time.

6. HOTEL AND ACCOMONDATION RULES

6.1 You must conduct yourself in a reasonable and responsible manner at all times when on Hotel property and must not act in any way which may disturb other guests. If you do not, we may ask you to leave the Hotel and, in that case, you must immediately pay us all sums due.

6.2 Smoking is not permitted anywhere on the Estate or in any Hotel rooms or accommodations. This includes the smoking of e- cigarettes. Smoking may lead fire/smoking alarm offset attracting fire brigade coming to site. This will lead a fine up to $3,000 to the smoker, who will be charged for this amount.

6.3 If you do not comply with clause 6.2, we may charge you for any and all costs we incur in cleaning the room (including, but not limited to, fixtures, fittings and soft furnishings) and restoring it to a smoke-free environment.

6.4 You must not

6.4.1 bring any animals or pets into the Hotel, with the exception of assistance or guide dogs; unless agreed in advance to stay in one of our pet friendly rooms;

6.4.2 bring any potentially dangerous or hazardous materials or equipment onto the Estate or into Hotel rooms;

6.4.3 use any electrical appliances that may set off fire alarm system, such as toasters, mini cookers or portable grills;

6.4.4 tamper with any fire alarms or emergency equipment;

6.4.5 utilize any Hotel rooms to store items (personal or otherwise) which could in our sole opinion cause damage to any Hotel room, or be a risk to the health and safety of our staff or property;

6.4.6 prevent our management, housekeeping and/or maintenance staff from having access to your room as and when required, with housekeeping being permitted full access at least once every two days;

6.4.7 remove, damage or destroy any Hotel property;

6.4.8 use any technology provided by us to download or access any unlawful or obscene material; or

6.4.9 or cause unreasonable disturbance to any other guests or staff.

6.5 Any child under the age of 16 may only stay at the Hotel if accompanied by an adult aged at least 18.

6.6 We will charge you for any and all damage caused by you to any Hotel property during your stay.

6.7 All of the above rules will also apply to members of your party and your guests and you shall be liable for any breach of the above rules by any of them.

6.8 If you or your group cause damage or loss of any kind to the Hotel, other guests or their property, you as the Guest who is making the booking will be responsible for that damage or loss and you shall be liable to pay to us on demand the amount required to make good or remedy such damage or loss.

6.9 If you or your group caused damage to the Hotel, other guests or their property, or otherwise breach any of these terms or conditions, we reserve the right to:

6.9.1 cancel your reservation with immediate effect and (if appropriate) require you to leave the Hotel;

6.9.2 restrict access to the Hotel;

6.9.3 remove your items from the room and the Hotel, disposing of such items in the event that you do not collect them within 7 days of removal;

6.9.4 retain all sums paid by you and/or charge you the full amount of your reservation; or

6.9.5 refuse future reservations from you and/or refuse you entry or accommodation at any of our Hotels.

6.10 We will not be liable to refund or compensate you in the event of the any of the circumstances arising in clause 6.9.

6.11 We reserve the right to decline or cancel reservations made and stays in progress by those who have previously breached these Conditions (as may be updated from time to time) whether the reservation is in that name or not.

7. OCCUPANCY

7.1 The maximum room occupancy is specified in each room/rate plan. Breach the limit or extra people (not booked / not shown in the booking confirmation will lead a fine up to three times on top of the scheduled charges per additional person. We reserve the right to conduct checks on occupancy. Occupancy is not transferable.

7.2 Any child under the age of 16 may only stay at the Hotel if accompanied by a parent or guardian who is also staying at the Hotel.

7.3 We reserve the right to change your room allocation at any point during your stay for any reason.

8. FOOD AND DRINK

8.1 As referred to in clause 3 above, unless we specifically state otherwise, food and drinks are not included in any Rate(s) for bedroom accommodation and unless we have specifically stated or do state otherwise, we will make additional charges to you for them in accordance clause 3.3 above.

8.2 If you or any of your party or guests have any special dietary requirements, you should inform us of them in advance of your arrival. We will use all reasonable endeavours to accommodate those requirements and, where this is not possible, tell you that we are unable to do so.

8.3 We will tell you times of meals when you arrive.

9. CAR PARKING

9.1 We cannot guarantee that any car parking space(s) will be available for you, but subject to clause 9.2, you may use any vacant space in our guest car park on a first-come-first-served basis provided that you have given us your vehicle’s registration number when you arrive. Any such parking will be without charge.

9.2 You may use a disabled parking space that is available if you have a valid disabled parking badge. We will be entitled to remove any vehicle if it is parked in a disabled parking space without a valid disabled parking badge on display and you (or if you are not the owner, then the owner of the vehicle) shall reimburse to us the all costs associated with its removal and subsequent recovery.

9.3 Whilst we will operate and maintain our guest car park with reasonable skill and care, we do not guarantee that other Hotel guests or members of the public will not enter our guest car park and steal or damage your vehicle or property in it. When you park or arrange for parking of your vehicle in our car park, you accept the risk of theft or damage of or to your vehicle and property in it if it is caused by any person other than our staff or contractors.

10. LIMITATION OF LIABILITY

10.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when our contract with you is created. We will not be responsible for any loss or damage that is not foreseeable. For example, we are not liable for WIFI issues, water issues, power issues, air conditioner issues, TV issues, Safe issues, Door Issues, Building Issues, Fire/Smoking Alarm Issues, Noisy Issues raised on site due to guests or other issues due to a third party supplier’s products’ failure, and any other issues beyond our site staff control.

10.2 Nothing in these Conditions will exclude or limit our liability for personal assests loss by our negligence (including that of our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.

Clauses 10.3 and 10.4 are only applicable if you are a Consumer

10.3 We provide all Services only for your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that we provide, or sell are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to you for any loss of profit, loss of contract, loss of commercial opportunity or any indirect or consequential loss or damage.

10.4 Nothing in these Conditions is intended to or will exclude, limit, prejudice or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under the Regulations or any other consumer protection legislation as amended from time to time.

Clauses 10.5 and 10.6 are only applicable if you are a Business

10.5 Subject to clause 10.2, we shall not be liable, whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way for any of the following: loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, or indirect or consequential loss.

10.6 Subject to clause 10.2, our liability to you arising out of the provision of Services to you under these Conditions shall not exceed the value of the booking in respect of any one claim or series of related claims.

11. CHANGES TO THESE CONDITIONS

We may from time to time change these Conditions without giving you notice.

12. HOW WE USE YOUR PERSONAL INFORMATION

All personal information provided by you will be collected, processed and used in line with the our privacy policy, which explains what personal information we may collect from you, how and why we collect, store and use and share such information, your rights in relation to such personal information and how you can contact us and any supervisory authority if you have a query or complaint about the way in which we use any personal information. A copy of the privacy policy can be found at related New Zealand government agency.

13. REGULATIONS

If you are a Consumer, we are required by the Regulations to ensure that certain information is given or made available to you as a Consumer before we make our contract with you (i.e. before we accept your request to make a booking). We have included the information itself either in these Conditions for you to see now or we will make it available to you before we accept your request to make a booking. All of that information will, as required by the Regulations, be part of the terms of our contract with you as a Consumer.

14. INFORMATON

As required by the Regulations, all of the information described in clause 13, and any other information which we give to you about any Services or the Hotel/accommodations which you take into account when deciding to make a booking or when making any other decision about the Services, will be part of the terms of our contract with you as a Consumer.

15. COMPLAINTS

We always welcome feedback from Guests and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about our Services or any other complaint about the Hotel/accommodations or any of our staff, please raise the matter with the relevant General Manager who can be contacted at the Hotel/accommodation by phone call to: manager mobile: 0275667888, or email at contact@awahotel.nz or book@arentals.co.nz.

It is not acceptable for any abuse / rude language and actions towards AWA Hotel or Arent staff. AWA Hotel or ARent staff will have right to stop any service to any people who breach this clause, and take related actions against any kind of such abuse / rude language and or actions including excluding and removing such kind of people from the related premise.

16. FORCE MAJEURE

We shall not be in breach of these Conditions nor shall we be liable for any delay in performing, or failure to perform, any of our obligations under these Conditions if such failure or delay results from event, circumstances or causes beyond our reasonable control. Such causes include, but are not limited to power failure, internet service provider failure, fire, flood, storms, earthquakes, acts of terror or any other event that is beyond our control.

17. NO WAIVER

If we do not insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

18. SEVERANCE

Each clause of these Conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining clauses will remain in full force and effect.

19. GOVERNING LAW AND JURISDICTION

These Conditions, any contract between us and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the laws of England and Wales. Any dispute or claim arising out of these Conditions, any contract between us and relationship between us shall be settled by the courts of England

Up to $250 bond may be required for every booking as part of AWA Hotel's and ARent's standard policy. This bond is held via pre-authorisation on a valid credit or debit card, meaning the amount is not charged but temporarily held. The bond will be released after a post-checkout housekeeping and room inspection, provided no damages or missing items are found in the room.

In the event that damages or losses are identified, a reasonable amount will be deducted from the bond to cover the associated costs. The remaining balance, if any, will then be released.

Please note that while AWA Hotel processes the release of the bond on the same day as inspection, the actual release time depends on your bank. It typically takes up to 3 business days, but in some cases, it may take up to 7 business days or longer, depending on your bank’s processing time.

Cash bonds are strongly discouraged. If a guest cannot provide a card for pre-authorisation, EFTPOS may be used instead. In such cases—or in rare instances where cash is the only available option—guests must provide their New Zealand bank account details to allow for a bond refund via bank transfer. Please note that this refund cannot be processed at the time of check-out, but will be completed within 24 hours following room inspection.

AWA Hotel and ARent adheres to all relevant New Zealand Government laws, regulations, and industry standards governing hotel and hospitality operations.

ARent does not have on site receiption service, and distant telephone support may be closed temporarily without providing any service during 7:00 to 23:30. Telephone support and room service and other support activities may be closed between 23:30 (11:30 pm) to 7:00 (7:00 am) daily. If you need the police, the fire service, or an ambulance for an emergency, call 111.

Further Terms and conditions 

Welcome to 64604_1! 

These terms and conditions outline the rules and regulations for the use of 64604_1's Website, located at 64604_1.holidayfuture.com. 

By accessing this website we assume you accept these terms and conditions. Do not continue to use 64604_1 if you do not agree to take all of the terms and conditions stated on this page. 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, the law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same. 

License 

Unless otherwise stated, 64604_1 and/or its licensors own the intellectual property rights for all material on 64604_1. 

All intellectual property rights are reserved. You may access this from 64604_1 for your own personal use subjected to restrictions set in these terms and conditions. 

You must not:  

• Republish material from 64604_1 
• Sell, rent or sub-license material from 64604_1 
• Reproduce, duplicate or copy material from 64604_1 
• Redistribute content from 64604_1  

This Agreement shall begin on the date hereof. 

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. 64604_1 does not filter, edit, publish or review Comments prior to their presence on the website.
Comments do not reflect the views and opinions of 64604_1,its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, 64604_1 shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. 64604_1 reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
 

You warrant and represent that:  

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so; 
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party; 
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy 
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.  

You hereby grant 64604_1 a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media. 

Hyperlinking to our Content 

The following organizations may link to our Website without prior written approval:  

• Government agencies; 
• Search engines; 
• News organizations; 
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and 
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.  

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site. 

We may consider and approve other link requests from the following types of organizations:  

• commonly-known consumer and/or business information sources; 
• dot.com community sites; 
• associations or other groups representing charities; 
• online directory distributors; 
• internet portals; 
• accounting, law and consulting firms; and 
• educational institutions and trade associations.  

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of 64604_1; and (d) the link is in the context of general resource information. 

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site. 

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to 64604_1. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response. 

Approved organizations may hyperlink to our Website as follows:  

• By use of our corporate name; or 
• By use of the uniform resource locator being linked to; or 
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.  

No use of 64604_1's logo or other artwork will be allowed for linking absent a trademark license agreement. 

iFrames 

Without prior approval and written permission, you may not create frames around our Web Pages that alter in any way the visual presentation or appearance of our Website. 

Reservation of Rights 

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions. 

Removal of links from our website 

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly. 

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date. 

Disclaimer 

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:  

• limit or exclude our or your liability for death or personal injury; 
• limit or exclude our or your liability for fraud or fraudulent misrepresentation; 
• limit any of our or your liabilities in any way that is not permitted under applicable law; or 
• exclude any of our or your liabilities that may not be excluded under applicable law.  

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty. 

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.