New Zealand National Fieldays Society Inc TERMS OF SERVICE
By using our services, you are agreeing to these terms and conditions so please read them carefully.
APP, WEBSITE AND TICKET TERMS AND CONDITIONS
The following terms and conditions entered into between you as the customer (“You”) and New Zealand National Fieldays Society Inc (“NZNFS”) form an agreement (“Agreement”) between You and NZNFS (“the parties”).
In this Agreement the following definitions apply:
- APP is any Mobile App development by NZNFS including but not limited to the official Fieldays Mobile App
- Website: means any website operated by NZNFS, including but not limited to www. https://www.fieldays.co.nz/, https://nznfs.co.nz/, https://mysterycreek.co.nz/, and https://www.fieldaysonline.co.nz/
- Event means the event to which the Ticket grants access, the particulars of which are to be printed on each Ticket
- Event Promoter means the third party responsible for organising and providing the Event
- Fees means the fees payable by You to NZNFS per Ticket, charged in addition to the Ticket Price, in respect of the processing and delivery of Ticket
- Ticket means the ticket granting the right of entry to the Event, at the Venue, in accordance with this Agreement
- Ticket Price means the price of the Ticket (excluding any Fees) or other charges paid by You in respect of the Ticket to the Event
- Venue means the location at which the Event is scheduled to take place (or any substitute Venue), to which the Ticket grants access for the Event
- The use of information and materials on the website and app is at your own risk;
- NZNFS provides no warranty or guarantee that the information provided on its websites and apps is suitable for any particular purpose, it may contain inaccuracies, and the content of the website is subject to change without notice;
- Website and app content belonging to NZNFS and/or NZNFS’s Event Promoter and is subject to copyright, and unauthorized use is not permitted, and all rights are reserved;
- The website and app must not be used in breach of any legislation, regulation or used for any unlawful purposes, including but not limited to the introduction of spam, viruses or other harmful items which may interfere with the system or network;
- NZNFS is not responsible for any content contained in any third-party hyperlink contained on the website and app;
- All ticket prices stated are GST inclusive.
- The use of the website and app is subject to the laws and jurisdiction of New Zealand.
- Location Information
1. NZNFS as agent:
You agree and acknowledge that:
- NZNFS is acting as agent for the Event Promoter for the sale of Tickets to the Event and is not acting as an agent, intermediary or otherwise responsible for the organisation and provision of the Event
- the Event Promoter reserves the right to add, withdraw, reschedule, or substitute artists and/or vary advertised programs, prices, venues, seating arrangements and audience capacity in respect of the Event
- the Event Promoter reserves the right to reschedule, postpone or cancel the Event
- the Ticket is issued subject to the terms and conditions of the Event Promoter and the Venue
2. Price and Fees:
You agree to buy, and NZNFS agrees to sell, the Ticket for the Ticket Price together with any Fees. The Ticket Price and the Fees are in New Zealand dollars and are inclusive of Goods and Services Tax (GST). You agree to pay to NZNFS the Fees as applicable in respect of each Ticket, as specified on the NZNFS events webpage, which may include processing fees, delivery fees and replacement ticket fees. Delivery fees will vary depending on delivery location. The Ticket shall be delivered to your specified location at your risk and expense, with no recourse to NZNFS. NZNFS does not provide any guarantee whatsoever in respect of the delivery or timing of the delivery of any Ticket and shall not be liable to You in respect of any undelivered or late delivered Ticket based on incorrect information provided by You. Payment of the Ticket Price and Fees shall be made by credit card such as VISA, MasterCard or American Express. Online purchase transactions are encrypted to the extent reasonably possible to ensure a secure Internet transaction. No Ticket shall be provided to You until payment is made in full.
3. Electronic Ticket:
Electronic Tickets must be printed or presented on your electronic device. If printing, you using black ink on white paper to ensure the Ticket barcode is able to be scanned. Each electronic Ticket has a unique bar code which allows one entry only to the Event unless otherwise stated.
- Trade Users: If you are purchasing a ticket for a business purpose and are in trade (Trade User) then you agree that to the extent permitted by applicable law:
- the implied conditions and warranties set out in the Consumer Guarantees Act 1993 are excluded and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 are excluded; and
- except as expressly set out in these Terms and Conditions, the Service is provided on an ‘as is’ basis, and all implied terms, conditions and warranties are excluded.
- Consumers: If you are not a Trade User, then you acknowledge that any rights you have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 are not affected by NZNFS’s limitations of liability set out in this section 6 (Consumer Rights). You may have other rights in addition to Consumer Rights, however such other rights are, to the extent permitted by applicable law, subject to the limitations of liability set out clause 6(3) below (Other Rights).
- Liability for Trade Users and regarding Other Rights: The following limitations and exclusion of liability apply in respect of Trade Users and in respect of any Other Rights you have:
- NZNFS will not be liable to You whatsoever for any matter that NZNFS have excluded liability for within this Agreement, any indirect loss, consequential loss, loss of profit, loss of bargain, loss of business opportunity or exemplary damages suffered by either party or any other person, loss arising out of or flowing from any pre-contractual misrepresentation, forecast or breach of this Agreement, whether contemplated by this Agreement or not, and whether actionable in contract, tort (including negligence), equity or otherwise.
- If notwithstanding clause 6(3)(a) above, NZNFS are found liable to you or any third party for any loss or damage, however caused (including through negligence), our maximum liability to you in aggregate will be limited to the price of any ticket purchased by you.
- Trade User Indemnity: If you are a Trade User, you agree to indemnify and keep NZNFS and NZNFS agents and employees indemnified against all loss, damages, costs (including, without limitation, loss of profits) and expenses of any kind, whether direct or indirect, which arise from or in connection with your breach of this Agreement, whether in tort, contract, equity or otherwise.
5. No warranty or guarantee:
NZNFS provides no representation, warranty or guarantee of any sort (either express or implied) that the Event for which a Ticket is issued will take place at the date, time and/or Venue indicated on the Ticket. To the fullest extent permitted by law, all implied representations and warranties are excluded. You agree and acknowledge that the Event Promoter may make alterations to the date, time and Venue of the Event, or other matters in respect of the Event. In the event of such changes, NZNFS shall not be liable to You or any third party in respect of any costs, expenses or losses incurred as a result of or arising from such changes, except to the extent provided for in this Agreement.
6. Ticket Price refunds and Ticket exchanges:
You agree and acknowledge that, subject to your rights and remedies under New Zealand law, including under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 (as amended from time to time):
- The Ticket shall not be exchanged, or the Ticket Price refunded except in accordance with the law or as otherwise specified by the Event Promoter;
- NZNFS shall be under no liability whatsoever to refund the Ticket Price;
- Where the Event is cancelled or postponed, a refund of the Ticket Price is at the sole discretion of the Event Promoter. Details in respect of the Event Promoter’s refund policy can be obtained from NZNFS on request;
- Where an Event is cancelled after it has started for any reason, including without limitation weather or force majeure, the Ticket shall not be exchanged, or the Ticket Price refunded;
- The Ticket Price is non-refundable for instances other than cancellation or postponement.
- If an event promoted by NZNFS is postponed for any reason including a COVID-19 lockdown, your ticket can be used within the same calendar year to attend the new event.
- Should an event promoted by NZNFS be cancelled for any reason, NZNFS will refund Attendees 100% of the ticket price.
Where the Event Promoter initiates a refund process for the Ticket Price, details in respect of the refund process and other relevant details will be made available to You on request. For the avoidance of doubt, a refund shall not be provided in respect of any Ticket which has been sold or otherwise disposed of by You or any third party in breach of this Agreement.
7. Fees refunds:
You agree and acknowledge that Fees charged by NZNFS in respect of each Ticket are non-refundable, subject to your rights and remedies under the Consumer Guarantees Act 1993 (as amended from time to time).
8. Ticket replacement:
NZNFS reserves the right not to replace any Ticket and accepts no responsibility for any Ticket that has been lost, stolen, damaged, destroyed, forged, forgotten, or is unreadable, incomplete, unauthorised, duplicated or improperly used.
9. Intellectual Property:
You agree and acknowledge that NZNFS is the owner of all intellectual property rights in its trade marks, copyright and other intellectual property and the purchase of a Ticket or use of NZNFS’s services does not grant You any rights, title or interests to such intellectual property.
All information which by its designation or nature is intended to be treated as confidential information will be confidential information for the purposes of this Agreement and shall not be disclosed except as provided for under this Agreement, or as otherwise authorised by you.
11. Personal information:
12. Data ownership:
13. Venue admission and attendance:
You agree and acknowledge:
- That notwithstanding your purchase of the Ticket, the rights of admission to the Venue are reserved and subject to any terms and conditions of the Event Promoter and Venue. To the maximum extent permitted by law, NZNFS shall be under no liability whatsoever to You or any third party as a result of any refusal or prohibition of entry into the Event and/or Venue.
- Persons entering the Venue do so at their own risk. To the maximum extent permitted by law, NZNFS shall be under no liability whatsoever to You or any third party for any injury, loss, damage or harm to You or your property arising from attendance at the Event and/or Venue.
- Each Ticket must be presented for scanning at an authorised Venue entry point and entry may be refused if a Ticket is damaged or defaced in any way or has been purchased from a third party.
- Tickets issued for a particular Event can only be used once for entry to that Event unless specifically indicated as a multiple entry ticket.
- Admission for animals including “seeing eye” dogs is to be determined by the Event Promoter and Venue owner.
- Admission may be denied to an Event or Venue where an age or other entry restriction is in place if valid identification for that entry reason is requested and is not provided by You. For the purposes of safety and security, or compliance with these terms and conditions it may be a condition of entry to an Event or Venue that a search of a person and/or their possessions will be required at the time of entry to the Venue.
- Late arrivals may be requested to await admission to the Event until a convenient / suitable break.
- Cameras and other recording equipment may not be permitted.
- Authorised broadcasters and media may be operating drones (remotely piloted aircraft systems) in and around the Venue and will be capturing images and videos.
14. Force Majeure:
NZNFS will not be liable for any delay or failure in the performance of any of the obligations imposed by this Agreement, including but not limited to any event, failure in performance or availability of the website or services, provided that such failure is beyond the reasonable control and without any fault or negligence of NZNFS.
NZNFS may terminate this Agreement if You commit a breach of the terms and conditions of this Agreement and fail to remedy such breach within 10 days of receipt of notice of such breach by NZNFS. On termination as a result of unremedied breach, you shall immediately return to NZNFS all Tickets to the Event purchased by You. Termination shall be without prejudice to any other rights or remedies of the parties existing at the time of termination.
16. Dispute Resolution:
In the event of any dispute between the parties, they shall first seek to resolve such dispute by giving notice in writing to the other and endeavouring to resolve the dispute. If the dispute remains unresolved, the parties shall first seek a resolution through the use of mediation or other informal method of resolution before pursuing resolution through the Courts.
17. Governing Law:
This Agreement is governed by and shall be interpreted in accordance with the laws of New Zealand, but on points of patent, trade mark, or copyright law or procedure, will be governed by the law of the country granting the patent or trade mark registration or copyright protection. With respect to any legal action or proceedings which may be brought at any time in respect of this Agreement (other than points of patent, trade mark or copyright law or procedure), each of the parties:
- submits to and accepts, for itself and in respect of its assets, generally and unconditionally the non-exclusive jurisdiction of the courts of New Zealand; and
- waives any objection it may have now or in the future to the venue of such action or proceedings and any claim it may have now or in the future that any such action or proceedings has been brought in an inconvenient forum
Every notice given under this Agreement will be sufficiently given if delivered personally, posted, faxed or emailed to the intended recipient at his/her/its last known address or facsimile number or email (with no indication of incomplete transmission).
19. No re-sale:
You shall not re-sell the Ticket or offer the Ticket for re-sale. You will indemnify and hold harmless NZNFS from any liability arising from You re-selling or offering to re-sell the Ticket in breach of this Agreement. Tickets may not, without the prior written consent of NZNFS and the Event Promoter be used for advertising, promoting or other commercial purposes including competitions, trade promotions, auctions, prizes, sweepstakes or other purposes either by You as the original purchaser or any subsequent bearer. If a Ticket is sold or used in breach of this clause, the Ticket may be cancelled without refund or compensation and the bearer of the Ticket may be refused admission to the Event.
No waiver of any provision of this Agreement will serve as a waiver of any other provision of this Agreement nor as a continuing waiver of such provision and NZNFS will not have waived or deemed to have waived any provision of this Agreement unless such waiver is in writing and executed by NZNFS.
21. Survivorship: Termination of this Agreement for any reason will not affect such rights and obligations of the parties as are intended to survive the termination.
NZNFS reserves the right to amend this Agreement without notice from time to time, with such amendments made available on NZNFS’s website.
Should any part or provision of this Agreement be held unenforceable or in conflict with any applicable laws or regulations, the invalid or unenforceable part or provision will be replaced with a provision which accomplishes, to such extent as possible, the original purpose of the part or provision in a valid and enforceable manner, and the remainder of the Agreement will remain binding on the parties.
In the case of a conflict between the terms and conditions in this Agreement and the terms and conditions printed on the Ticket, these terms and conditions shall prevail.
This ticket is sold by NZNFS as an agent for the organiser/promoter (“seller”) responsible for the event. The following conditions are both of sale (including any resale or subsequent assignment) and conditions of attendance at the event.
EXPLORER BAND TERMS AND CONDITIONS
The following terms and conditions entered into between you as the customer (“You”) and New Zealand National Fieldays Society Inc (“NZNFS”) form an agreement (“Agreement”) between You and NZNFS (“the parties”).
Definitions: In this Agreement the following definitions apply:
- Cardholder: means you a visitor who is in possession of a Lead Generation “Explorer Band” and then activates and uses the Explorer Band at the Event to participate in the system. To participate, the Cardholder must physically tap their Explorer Band at a station or device provided to the Exhibitor by Satellite Media
- Explorer Band refers to the RFID wristband that is offered to you at an Event, that allows you to participate in the RFID system. These can also be referenced to as; NFC/RFID chip, card, tag, or band
- Equipment: means all of the equipment supplied by Satellite Media to facilitate the delivery of the Services for the contracted period to the Event to enable Exhibitor and Cardholder participation at the Event
- Lead Generation: refers to the RFID system developed and managed with Equipment by Satellite Media, for the purpose of connecting Cardholders and Exhibitors via voluntary data sharing
- Satellite Media Limited – the partner company delivering the Explorer Band technology, offices located at 65 Parnell Rise, Parnell, Auckland 1052
- Your Explorer Wristband will be operated by NZNFS via a platform provided by Satellite Media Limited and will be issued to you on entry into the Event when you hand over or scan a valid Ticket
- In order to use your Wristband, you must register your Wristband with your personal details. By registering your Wristband, you are creating an online account for your Wristband identification and to receive the content of your wristband scans
- You will need to swipe your Wristband at access points and/or show your Wristband to the relevant Event personnel in order to access exhibitor supplied material where Equipment and Lead Generation stations are situated
- Neither NZNFS, nor Satellite are part of any contract between you and an Exhibitor and neither shall be liable for, or in connection with, any goods or services provided or not provided by any Exhibitor
- If you lose your wristband a replacement Wristband will not be linked to your existing online account
- It is your responsibility to ensure that any information you provide to us is accurate
- It is our right without giving you prior notice to terminate our agreement with you
- You may ask for your online account to be de-activated by emailing firstname.lastname@example.org
- Conditions are subject to change at any time by the discretion of the New Zealand National Fieldays Society
- All claims or complaints are the sole responsibility of the “seller”. This ticket cannot be exchanged or refunded except in accordance with any rights you may have under the Fair Trading Act or the Consumer Guarantees Act or as otherwise specified by the “seller”. If a refund is made, NZNFS may, to the extent permitted by law, retain any fee it has charged. Liability is limited to refunding the ticket price only. All other fees and charges are non-refundable. The right is reserved to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venues, seating arrangements and audience capacity. The right is reserved to charge a fee for the replacement of tickets. NZNFS reserves the right not to replace general admission tickets. The rights of admission is reserved and is subject to the seller’s and the venue’s terms of admission. Admission for animals including “seeing eye” dogs is to be determined by the “seller”. Admission may be denied if valid identification for concession tickets is not provided. It may be a condition of entry to individual events that a search of a person and/or their possessions will be required at the time of entry to the venue.
- Late arrivals may be requested to await admission to the event until a convenient / suitable break
- Cameras and other recording equipment may not be permitted
- You acknowledge that authorised broadcasters and media may be operating drones (remotely piloted aircraft systems) in and around the Venue.
- You agree that perpetual use may be made, free of charge, of his/her voice, image and likeness whilst at the Venue, by means of live or recorded video display, broadcast, transmission or other dissemination or recording, photographs or any other current and/or future media technologies; and
- Waives, on an irrevocable, worldwide, perpetual basis, all rights to object to such broadcasting, transmission or dissemination in any media.
- Any Injuries or Damages caused by drones is not responsibility of NZNFS, the pilot/operator shall be responsible.
- Persons found profiting from the re-sale of passes will be prosecuted. Online tickets may not, without the prior written consent of NZNFS and the “seller” be used for advertising, promoting or other commercial purposes including competitions and trade promotions, either by the original purchaser or subsequent bearer. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the bearer of the ticket may be refused admission.
- Please print using black ink on white paper to ensure the ticket barcode is able to be scanned. Each online ticket has a unique bar code. This bar code allows one entry only. Each ticket must be presented for scanning at an authorized entry point and entry may be refused if tickets are damaged or defaced in any way or are not purchased from the authorised points of sale
- NZNFS accepts no responsibility for lost, stolen, damaged or improperly used tickets. Protect your online ticket from any damage to ensure entry to the event
- NZNFS accepts no responsibility for tickets that are unauthorized or duplicated
- All ticket prices stated are GST inclusive
- Tickets issued for a particular event can only be used once for entry to that event unless specifically indicated as a multiple entry ticket
- Persons entering the venue do so at their own risk. NZNFS accepts no liability for injury, loss or damage caused by any omission or negligence
- NZNFS reserves the right to revise or amend the terms and conditions of sale without notice
- You must comply with any advice or changes relating to COVID-19, and when possible, scan in using the COVID tracer app and turn on Bluetooth
- If the event is postponed for any reason including a COVID-19 lockdown, your ticket can be used within the same calendar year to attend the new event
- Should the Event be cancelled for any reason, NZNFS will refund Attendees 100% of the ticket price
These terms and conditions (Terms) apply to the use of this website www.nznfs.co.nz and any subsidiary websites which are owned by New Zealand National Fieldays Society Incorporated (Website). In using the Website you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website.
In these Terms the expressions “we”, “us” and “our” are a reference to New Zealand National Fieldays Society Incorporated, the owner or operator of the Website. The expressions “you” and “your” are a reference to the user of the Website.
Amendments to Terms and Conditions
We reserve the right to amend these Terms from time to time. Any amendments will be effective immediately when available on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the amended Terms.
Any information contained on the Website is for general information purposes only, and is not tailored to your specific needs or requirements. We may update the content of the Website at any time.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under any such condition or warranty, that condition or warranty will be deemed included to the minimum extent required by law, but, to the extent permitted by applicable law, our liability will be limited for a breach of that condition or warranty to the amount paid by you, if any, for accessing this Website.
You agree to indemnify and keep us indemnified against all loss, damages, costs (including, without limitation, loss of profits) and expenses of any kind, whether direct or indirect, which arise from or in connection with your access or use of the Website, whether in tort, contract, equity or otherwise.
You must ensure that your access to the Website is not illegal or prohibited by laws that apply to you. You agree to comply with all applicable laws when viewing the Website and dealing with us.
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not warrant that the Website, or any linked site, is free of viruses, malicious computer code or other interference. We do not accept responsibility for interference or damage to your computer system which arises in connection with your use of the Website or any linked site. We do not warrant that the Website will be always available, free from errors, malfunctions, or other failures. The Website will be temporarily suspended from time to time for maintenance.
We may permit you to access a members only area of the Website (Exhibitors Centre). In relation to your access to the Exhibitors Centre, you agree:
(a) not to share your login credentials with any other person;
(b) not to make the Exhibitors Centre or the materials contained within the Exhibitors Centre available to any other person; or
(c) not do, or to attempt to do, or allow anything to be attempted or done which may disable, damage, provide unauthorised access to or otherwise interfere with the proper functioning of the Website, including the Exhibitors Centre
We may exclude you from the Exhibitors Centre or the Website if you breach this Agreement, or if you become bankrupt, insolvent, or otherwise unable to pay your debts as they fall due, in our reasonable opinion.
Copyright in the Website and the Exhibitors Centre (including text, graphics, photos, logos, icons, sound recordings or video recordings) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the New Zealand Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions or in any other written agreement between you and us, you may not in any form or by any means:
(a) copy any of the Website content, except for the sole purpose of viewing the Website;
(b) adapt, reproduce, store, distribute, print, modify, display, perform, publish, reverse engineer, decompile, segment or create derivative works for any part of this Website; or
(c) use any information, products or services obtained from any part of the Website for a commercial purpose; without our prior written permission.
Trade Marks and other Intellectual Property
Except where otherwise specified, any word or device to which the ® symbol is attached is a registered trade mark, and any word or device to which the TM symbol is attached is an unregistered trade mark. You are not permitted to use any of our trade marks, trade names, logo’s, devices or bylines without our prior written consent.
Security of information
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we will use reasonable endeavours to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that is transmitted to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will use reasonable endeavours to preserve the security of such information.
At times, cookies may be used to help us serve you better. A cookie is a small element of data sent by a website to your browser, which may then be stored on your hard drive so we can recognise you when you return. You may set your browser to notify you when you receive a cookie and, if you wish, to reject it, or clear cookies by using your browsers options.
Web beacons, also known as clear gif technology, or action tags, assist in delivering the cookie. This technology tells us how many visitors clicked on key elements (such as links or graphics) on our Website. We do not use this technology to access your personal information. It is a tool we use to compile aggregated statistics the Website’s usage. We may share this tracking information with third parties.
Termination of access
Access to the Website may be terminated or suspended at any time by us without notice. The provisions of these Terms intended to survive termination will survive any such termination.
If any provision of these Terms is found to be illegal, invalid or unenforceable, that provision shall be read down to the extent necessary and reasonable in all circumstances to give it a valid operation. If it cannot be so read down, that provision will be void and severable and the remaining provisions will not in any way be affected or impaired.
These Terms are governed by New Zealand law and are deemed to have been made in New Zealand and except where the matter is determined by an alternative dispute resolution process is subject to the non-exclusive jurisdiction of the New Zealand Courts but on points of patent, trade mark or copyright law or procedure is to be governed by the law of the country granting the patent or trade mark registration or copyright protection.