1. PRIVACY
8.1 You acknowledge that we will collect, use, share and store Personal Information in accordance with our Privacy Policy available at https://whai.flicket.co.nz/privacy-policy and the Privacy Laws.
8.2 You acknowledge and agree you consent to the collection, use, disclosure, storage and processing of your Personal Information in accordance with these Terms and our Privacy Policy.
8.3 If you are providing us with Personal Information about another person, then you must obtain all consents and approvals necessary at law from the relevant individual to enable us to collect, use, disclose, hold and process that information in accordance with these Terms and our Privacy Policy.
8.4 With respect to Personal Information, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the Personal Information that we collect. We will also take reasonable steps to ensure that our third parties whom we disclose your personal information to also take reasonable steps to protect your personal information in accordance with our Privacy Policy and the applicable privacy laws.
1. INTELLECTUAL PROPERTY RIGHTS
9.1 Each party will retain ownership of its own Intellectual Property Rights existing at the time these Terms are entered into.
9.2 You acknowledge and agree that all Intellectual Property Rights created or devised by us in connection with the provision of the Tickets, shall be owned by and shall vest in us, as and when created. To the extent that you become the owner of any Intellectual Property Rights arising in connection with the Tickets and our services, you hereby assign and transfer absolutely, and shall procure the assignment of, all rights, title and interest in and to the Intellectual Property to us.
9.3 You shall have no right to use, sell, reproduce, copy, distribute or otherwise dispose of our Intellectual Property Rights, and you must not allow any third party to reproduce our Intellectual Property Rights.
1. LIABILITY AND WARRANTIES
10.1 We will not be in breach of any of our obligations to you under these Terms because of any failure on our part directly or indirectly due to a cause beyond our reasonable control, including a Force Majeure Event.
10.2 To the extent permitted by law, in no event shall Whai be liable to you under or in connection with these Terms and/or the supply of the Tickets (whether in contract, tort or otherwise) for consequential losses or damages, indirect loss or any economic loss or loss or profits.
10.3 To the fullest extent permitted by law, Whai will not be liable for any loss or damage (including indirect or consequential loss or damage) suffered as a result of, or arising from, or in any way connected to the cancellation, postponement or change to the Event (or any part of the Event).
10.4 Whai provides no warranties (express or implied), including any implied warranties of merchantability and fitness for a particular purpose. However, nothing in these terms limits Whai liability for any breach under the Consumer Guarantees Act 1993 or will limit your rights that cannot be limited under New Zealand legislation.
1. INDEMNITY
11.1 You agree to indemnify and hold the Whai and its affiliates harmless from any loss, liability, claim or demand, including reasonable solicitors fees, made by any third party due to or arising out of your use of our website in breach of these Terms.
1. GENERAL
12.1 Whai make no representation or warranty of any kind in relation to the quality, content, or duration of any Event.
12.2 Whai and other organisers of an Event reserve the right to add, withdraw, substitute any players, performers, or activities associated with the Event.
12.3 You are not guaranteed an uninterrupted and/or uninhibited view of the Event from the provided position.
12.4 You must not assign or transfer all or any part of your rights or obligations under these Terms without our prior written consent. We may assign any rights or obligations without your approval as well as subcontract any obligations to third parties.
12.5 The illegality, invalidity or unenforceability of any provision of these Terms will not affect the legality, validity or enforceability of another provision.
12.6 No waiver of any provision of these Terms will serve as a waiver of any other provision of these Terms and we will not have waived or be deemed to have waived any provision of these Terms unless such waiver is in writing and executed by us.
12.7 Governing law: These Terms is governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these Terms.
12.8 Questions and complaints: Please contact us on coach@giants.nz if you have any comments, questions or complaints about the services we provide or these Terms.
1. DEFINITIONS
13.1 “Force Majeure Event” means any event or cause beyond the reasonable control of a party, including but not limited to, strike, industrial action, war, sabotage, terrorist activity, national emergency, blockade, pandemic, epidemic or governmental action, inaction or direction (excluding, for the avoidance of doubt, an action, inaction or direction by the Whai or you), and act of God.
13.2 “Including” means “including without limitation”.
13.3 “Intellectual Property Rights” means all intellectual property rights including patents, copyright, registered and unregistered designs, trade marks (both registered and unregistered), logos, business and trade names, processes, inventions, and know-how.
13.4 “Personal Information” means any information that can be used to directly or indirectly to identify an individual, and references to “your Personal Information” also includes any Personal Information that you provide to Whai about someone else.
13.5 “Privacy Laws” means the Privacy Act 1993, Privacy Act 2020 and successor legislation.
13.6 “Terms” means these Terms and Conditions.