Event Host Terms & Conditions
About
Mō te kaupapa
Auckland Climate Festival (presented by Six Generations)
Updated: 18 August 2022
Please read these Terms and Conditions (Terms) carefully before submitting an event (Event) to be a part of the Auckland Climate Festival platform and programme. By submitting an Event through the Websites, you (Event Host or Event Organiser or you) agree to be bound by these Terms.
Event Hosts are responsible for the creation, marketing, ticketing and production of their own events. Event Hosts are responsible for ensuring that all required health, safety and public liability insurance requirements at their events are met.
Six Generations Limited (Six Generations Limited, we, us or our) may change these Terms at any time by notifying you of the change by email or by posting a notice on the Website. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website and host Events from the date on which the Terms are changed, you agree to be bound by the changed Terms.
1. Interpretation
Definitions: In the Agreement, the following terms have the stated meaning:
Auckland Climate Festival
A climate festival organised by us held across New Zealand comprising multiple events and more fully described at https://acf22org.wpcomstaging.com/
Content
- all marketing content created by us or on our behalf in relation to an Event.
- all data, content, and information (including Personal Information) provided by you or on your behalf that is stored using, or inputted into, the Website; and
- any details provided in the Event Registration Form and including: the event name, branding, logo, and any other information provided by the Event Host to us; and to the extent agreed between the parties in writing, any of the Event Host’s social media content that relates to an Event.
- an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or
- a lack of funds for any reason
2. Code of Conduct
2.1. Auckland Climate Festival is designed to support Tāmaki and its communities who care deeply about the environment and its relationship and connection to our wellbeing. Aucklanders are increasingly aware of the urgent need for climate action and a“ whole of society response”. Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan is the document that begins to provide direction on how Tāmaki can respond.
2.2. Auckland Climate Festival was created to bring these actors and organisations together to enhance collaboration and build climate action at an individual and societal level. Climate change is a systemic challenge requiring all sectors and disciplines to work more closely together to develop and scale-up innovative solutions at pace. We also acknowledge that a just transition to a net zero future must embrace diversity and difference.
2.3. All event hosts, speakers, partners and volunteers at Auckland Climate Festival are expected to adhere the following code of conduct:
2.3.1. Auckland Climate Festival is an initiative that welcomes all voices, but we do not encourage events that benefit from the sponsorship or direct financial support of businesses, organisations or groups that are antagonistic to the need for climate action and a net-zero future. We expect event organisers to embrace the rich vibrancy and diversity of Tāmaki and its communities, and ensure climate action brings people together, emphasising climate justice, humanity and a just transition.
2.3.2. Auckland Climate Festival is collaborative and inclusive, ambitious, and solutions focused. We ask that all events consider how they embed mātauranga Māori and Te Ao Māori worldview, and raise up the voices and actions of youth.
3. Privacy
3.1. In these Terms:
Auckland Climate Festival means a climate festival organised by us held across New Zealand comprising multiple events and more fully described at aucklandclimatefestival.co.nz
Event means an advertisement or post by an Event Host on the Website offering events relating to the Auckland Climate Festival to the Website users
Event Attendee means a Website user who attends, or will attend, an Event
Event Host means a person who has set up an account with the Website to list Events and offers such Events to the Website users
Event Host Terms and Conditions means the event host terms and conditions available at aucklandclimatefestival.co.nz/event-host-terms
Intellectual Property Rights includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity.
Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Personal information means information about an identifiable, living person
Terms means these terms and conditions titled Website Terms of Use
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User Data means data and information (including personal information) that is owned, held, used or created by you and that is then stored, transmitted via or input into the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means SIX GENERATIONS LIMITED, company number 8172442
Website means www.acf21.co.nz, www.aucklandclimatefestival.co.nz and/or www.sixgenerations.co.nz
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
3.2. In these Terms:
a. clause and other headings are for ease of reference only and do not affect the interpretation of these Terms;
b. words in the singular include the plural and vice versa; and
c. a reference to:
- a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity;
- including and similar words do not imply any limit; and
- a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
4. Event Data
4.1. Our access to Event Data:
4.1.1 You acknowledge that:
4.1.1.1 we may require access to the Event Data to exercise our rights and perform our obligations under these Terms; and
4.1.1.2 to the extent that this is necessary, we may authorise a member or members of our personnel to access the Event Data for this purpose.
4.1.2 You must arrange all consents and approvals that are necessary for us to access the Event Data as described in clause 4.1.1.
4.2. Analytical Data: You acknowledge and agree that:
4.2.1 We may:
4.2.1.1 use Event Data to generate anonymised and aggregated statistical and analytical data (Analytical Data);
4.2.1.2 use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights; and
4.2.1.3 supply Analytical Data to third parties;
4.2.2 our rights under clause 4.2.1 above will survive termination or expiry of these Terms; and
4.2.3 title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.
4.3. Agent
4.3.1 You acknowledge and agree that to the extent Event Data contains Personal Information, in collecting, holding and processing that information through the Website, we are acting as your agent for the purposes of the Privacy Act 2020 and any other applicable privacy law.
4.3.2 You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms.
4.4 The Event Host grants to Six Generations Limited the right to use any Event Data provided by the Event Host to Six Generations Limited, to promote the Event, the Auckland Climate Festival and/or Six Generations, and to provide the Event Data to third parties for the purpose internal research and development, marketing and promotion of events, business development, and any other lawful internal business purposes.
5. Event Host Obligations
5.1. As an Event host and part of the Auckland Climate Festival programme, you are required to abide by the following event host obligations policies;
5.1.1. All Event changes will be made known to participants within a timely manner directly by the Event Host. The Event Host will inform kiaora@co-aotearoa.org about any changes to the Event.
5.1.2. All participant bookings are to be managed directly by the Event Host through their selected ticketing provider.
5.1.3. Any data collected about your participants follow the Privacy Terms laid out below. If you require further use of the information, you are required to inform Event participants of the additional privacy details.
5.1.4. Six Generations Limited cannot be held responsible for any Events that fail to meet our Customer Services guidelines.
5.1.4.1. Any complaints or queries in regard to Events will be directed to Event Hosts..
5.2. You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
5.3. If you are given a User ID, you must keep your User ID secure and:
5.3.1. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
5.3.2. immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to kiaora@co-aotearoa.org
5.4. You must:
5.4.1. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
5.4.2. unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
5.5. You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to kiaora@co-aotearoa.org
5.6 You must notify us of any:
5.6.1. notifiable event (as defined in the Health and Safety at Work Act 2015);
5.6.2. near miss or exposure you become aware of in the course of undertaking an Event;
5.6.3. WorkSafe inspection, investigation or information request in connection with an Event; and/or
5.6.4. breach of this clause,
and provide us with such assistance and information as we require in relation to any of the matters set out in this clause 5.6. You must ensure that your subcontractors are aware of and comply with these obligations. You agree that we may disclose any information obtained under clause 5.6 to third parties who have provided funding to us in connection with Auckland Climate Festival.
5.7 You must:
5.7.1. procure all licences, authorisations and consents, including to use Event Data as contemplated by these Terms, including to store and input Event Data into the platform or otherwise provide Event Data to us; and
5.7.2. comply with all applicable laws;
required for you and your personnel to host an Event.
6. Cancellation and change of Festival dates
6.1. If you cancel or amend an Event which already has registrations against it, it is your responsibility to communicate the change to your participants. Six Generations Limited takes no responsibility for participants who are not notified of these changes.
6.2. If a Force Majeure Event or a COVID-19 alert level change or other COVID-19 government-mandated restriction would prevent us from holding the Auckland Climate Festival on the scheduled dates or otherwise impair the quality of the Auckland Climate Festival (in our reasonable opinion), we may cancel the Auckland Climate Festival, or re-schedule the Auckland Climate Festival to alternative dates in our sole discretion.
6.3. We may, in our sole discretion for any reason or no reason:
6.3.1. decline to publish an Event on our Website;
6.3.2. remove an Event from our Website; and/or
6.3.3. cease to promote that Event.
6.4. To avoid doubt, we are not responsible for offering refunds for tickets purchased to Events under any circumstances.
6.5. If we change the dates of the Auckland Climate Festival, we may, in our sole discretion (and without limiting our rights in these Terms) remove any Event from the Website that falls outside those dates or that, due to the Auckland Climate Festival date changes, are no longer suitable on the date they are scheduled.
6.6. If we remove your Event from the Website and/or notify you that your Event no longer falls within the Auckland Climate Festival dates, you must, on our request:
6.6.1. use reasonable efforts to reschedule the Event within the new Auckland Climate Festival dates on a date approved by us. We may accept or decline your request for a new date in our sole discretion; and
6.6.2. immediately cease to promote the Event in connection with the Auckland Climate Festival, or make any claims that the Event is part of the Auckland Climate Festival.
6.7. Nothing in these Terms obliges us to accept your request for us to include your Event in the Auckland Climate Festival, including to provide any services or otherwise assist you in connection with an Event.
7. Intellectual Property
7.1. Title to, and all Intellectual Property Rights in, the Website, Content, Photographs, and all Underlying Systems is and remains the property of Six Generations Limited (and its licensors). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
8. Photographs
8.1. We may request that a photographer attend your Event to take photographs or video footage (Photographs). You may accept or decline this request (acceptance not to be unreasonably withheld).
8.2. If you have accepted our request under clause 5.7, you must procure all licences, authorisations and consents required for Photographs to be taken by us at your Event and published on our Website or on any of our social media platforms, including any necessary consent from your Event attendees who may be the subject of the Photographs.
9. Indemnity
9.1. You indemnify us and our personnel against all Losses arising from:
9.1.1. any action or inaction by you at any time in connection with an Event that you have hosted or will host;
9.1.2. actual or alleged claim by a third party that any Event Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Event Data is Objectionable, incorrect or misleading;
9.1.3. any breach by you of our Intellectual Property Rights; and
9.1.4. any failure by you to comply with your obligations under these Terms, including any failure by a person who accesses and uses our Website by using your User ID.
10. Warranties limitation of liability
10.1. In no event shall Six Generations Limited be liable to any attendees, or any other person or entity for any personal injury or damages to property, damages for loss of business profits or any other pecuniary loss, including any direct, consequential, incidental, special, punitive or similar damages, arising out of a person or entity’s involvement in an Auckland Climate Festival event. You must procure that any attendee or any other person or entity involved with your Event agrees to this clause 9.1.
10.2. The Website and any Events are provided as is and as available and, save for any warranties provided by Six Generations Limited in writing, no warranties are given in respect of the Websites or any Event and, to the extent permitted by law, all warranties, whether express or implied, and by statute or otherwise, are expressly excluded and we shall have no liability.
10.3. You agree and represent that you are using the Website, and accepting these Terms, for the purpose of trade. The parties agree that:
10.3.1. to the maximum extent permissible by law, the Consumer Guarantees Act 1993 and any other applicable consumer protection legislation does not apply to these Terms; and
10.3.2. it is fair and reasonable that the parties are bound by this clause 10.3.
10.4. Where legislation or rule of law implies into these Terms a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in these Terms. However, to the maximum extent permitted by application law, our liability for any breach of that condition or warranty is limited to $1.
10.5 To the extent permitted by law we will not be liable for any loss or damage (including consequential loss or damage, loss of profits, loss of revenue or loss of savings) which may be suffered or incurred, or which may arise directly or indirectly in respect of your access to, or use of, or the unavailability of or your inability to use, the Websites or any Event, whether based in contract, tort, negligence, statute or otherwise.
10.6. Notwithstanding any other provision of these terms, Six Generations Limited shall not be liable for any loss or damage sustained by any person, including direct loss or damage, loss of profit, loss of revenue, loss of use, loss of contract, loss of goodwill of any person, or any indirect or consequential loss or damages arising from or relating to any breach of these Terms or the Event Organisers’ participation in Auckland Climate Festival.
11. General
11.1. Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by an event that is beyond the reasonable control of a party, excluding:
11.1.1. an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or
11.1.2. a lack of funds for any reason.
11.2. No person other than you and us has any right to a benefit under, or to enforce, these Terms.
11.3. For us to waive a right under these Terms, that waiver must be in writing and signed by us.
11.4. We are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
11.5 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications. You may contact us under or in connection with these Terms by emailing kiaora@co-aotearoa.org.
11.6. These Terms, and any dispute relating to these Terms, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms.
11.7. Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 7, 8, 9 and 10.6, continue in force.
11.8. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
11.9. You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.
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