By using our services you are agreeing to these terms and conditions so please read them carefully. These terms and conditions also pertain to NZNFS owned event brands, Fieldays, Equidays and Transport & Heavy Equipment Expo.
WEBSITE & Mobile APP 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”).
- The use of information and materials on the website and NZNFS developed mobile apps is at your own risk;
- NZNFS provides no warranty or guarantee that the information provided on its websites mobile 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 mobile apps content belonging to NZNFS is subject to copyright, and unauthorized use is not permitted, and all rights are reserved;
- The website and mobile apps 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;
- To the extent permitted by law, exclude or otherwise limit the liability of NZNFS in respect of any breach of the terms and conditions, or other liability arising in relation to the terms, the website, app, or the content available through the website.
- All ticket prices stated are GST inclusive.
- The use of the website is subject to the laws and jurisdiction of New Zealand.
ONLINE 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”).
- Definitions: In this Agreement the following definitions apply:
- 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.
- Agreement: You:
- Accept and agree to comply with the terms and conditions contained in this Agreement;
- Agree and acknowledge that this Agreement includes both the terms and conditions of sale of the Ticket and the terms and conditions of admission and attendance at the Event.
- 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.
- 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.
- 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.
- Limitation of liability: Notwithstanding anything else in this Agreement and to the maximum extent permitted by law, NZNFS will be under no liability whatsoever to You or any third party for any loss of profit, loss of bargain, loss of business opportunity, or exemplary damages or losses suffered by You or a third party arising out of or flowing from any breach of contract, any pre-contractual misrepresentation, or other dispute arising out of this Agreement, whether actionable in contract, tort (including negligence), equity or otherwise.
- Indemnity: You indemnify NZNFS against all liabilities, costs (including full costs between solicitor and client), losses, claims or demands incurred by NZNFS arising out of or incidental to your non-compliance with this Agreement.
- 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.
- 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.
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.
- 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).
- 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.
- 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.
- Confidentiality: 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.
- Data ownership: You agree and acknowledge that in using the ticketing services NZNFS gathers information (excluding personal information) from You and other customers in the form of aggregated data (“Data”). You agree that to the fullest extent permitted by law, you have no rights, title or interest in or to such Data. NZNFS owns the Data and any intellectual property in such Data and may use and disclose the Data for any of its purposes.
- 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.
- 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 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.
- Termination: 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.
- 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.
- 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.
- Notices: 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).
- 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.
- Waiver: 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.
- 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.
- Variation: NZNFS reserves the right to amend this Agreement without notice from time to time, with such amendments made available on NZNFS’s website.
- Severability: 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.
- Conflict: 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:
CONDITIONS OF ENTRY
- 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.
- 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.
THE INFORMATION THAT WE COLLECT
New Zealand National Fieldays Society Inc operates event ticketing services and mobile apps. As part of our operations in offering ticketing services and mobile apps and ensuring that your tickets and goods ordered are delivered to you, and that you can be advised in the possibility of a change or cancellation of a scheduled event, we may gather certain types of information about the users of our sites.
- Personally Identifiable Information. This is personal information provided by you when you register for services that NZNFS offers. Examples of our services include purchasing tickets or merchandise or receiving email newsletters. Providing this information is optional, but some services may not be available to you if you choose not to provide your information.
- Aggregated Data. This information is generated by our system as it tracks traffic through the website. This information does not identify you personally as is not linked to the Personally Identifiable Information provided by you. This information is statistical information and is owned and may be used by NZNFS for any purpose. When you use the Mobile Apps, we may collect information about your location. We use various technologies to determine location, including IP address, GPS, and other sensors. To enable our Mobile App to run effectively location-enabled service GPS location services are required to be turned on. You can always remove access using your device or mobile device settings; however please note the App will not fully function.
Your personal information and other information that you provide is collected by NZNFS and held by: The NZ National Fieldays Society, located at Mystery Creek Events Centre, Mystery Creek Road, Hamilton.
WHO IS THIS INFORMATION SHARED WITH
Your personal information may be shared with:
- The NZ National Fieldays Society;
- The Promoter of the event that you are booking tickets to, or entering competitions for;
- The owner of the Venue at which the Event is held;
- Service Providers
Our agreements with the above entities protect the information that we collect from any use by them that is unauthorised. They have agreed to only contact you with information and offers if you have given express consent to do so. The information may be hosted with a service provider. Our agreements with them protect the information that we collect from any use by them that we have not authorised. Aggregated data may be shared with third parties when we believe in good faith that we are required to do so by law.
WHAT DOES NZNFS DO WITH PERSONALLY IDENTIFIABLE INFORMATION
We have collected this information in order to provide the best possible service to you while you are visiting and using NZNFS services. To this end, we may use the information that you have provided for the following purposes:
- To verify your identity if you need help with a forgotten password or you are having login problems on our websites.
- To process and administer any transactions that you might make on our websites.
- To provide any other services we offer, that you may have requested.
- To offer relevant information on upcoming events.
- For marketing, promotional, publicity, direct marketing or market research that we may undertake.
- For any other purposes for which you have authorised.
WHAT DOES NZNFS DO WITH FINANCIAL INFORMATION
Personal financial information, including credit card details, is collected by NZNFS through various communication means from you (i.e. online, post, fax, email) to enable us to complete the processing of ticket orders. In addition to collecting this information from you, you authorise NZNFS to obtain this information from third parties where necessary. Direct Payment Solutions provide the money transfer services for all online credit card purchases made through this website. For the avoidance of doubt, Direct Payment Solutions (DPS) do not pass on credit card details to NZNFS.
ADVERTISERS AND BUSINESS PARTNERS
OPTING IN AND OPTING OUT
You will always have the option to opt in or opt out of NZNFS services at any stage. If you wish to opt in or out of services from a Promoter/Venue, you will need to contact them directly.
YOUR RIGHT TO ACCESS YOUR INFORMATION
The New Zealand Privacy Act of 1993 gives you the right to access and to request the correction of any of your personal information held by NZNFS. To do so, please contact us on info@NZNFS.co.nz.
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 web sites, 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 which 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 about Equidays and the Website’s usage. We may share this tracking information with third parties.
Any personal information we may collect will be used by us as we deem necessary to respond to your inquiry, receive and process any application made by you, to progress any other action you have requested, to operate and improve our business and Website, and other similar uses. We may also use any personal information provided by you to measure the use of our Website and to improve its content.
We will not release your personal information that we have collected, to any third party, except if compelled by law, with your informed consent, if it is to our related entities or professional advisors, to fulfil an order or request you have given to us, to protect us against unlawful activity, fraud, or any danger to public safety and to any third party service providers who are assisting us to operate, develop or improve the Website or our business, including our online electronic ticketing service provider.
You are entitled to access the personal information we hold about you, and request that we amend it if it is incorrect. If you have any questions about our privacy policies or practices or you wish to access or request the correction of any of your personal information, please feel free to contact us at:
New Zealand National Fieldays Society Incorporated
Phone: +64 7 843 4499
Private Bag 3015
If you provide us with your email address, we may contact you for commercial, marketing and promotional purposes by email, which may include our own, or our partners’, product or service offers or information. If you wish to opt out of such emails, please notify us.
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.