Website Terms of Use
About
Mō te kaupapa
Auckland Climate Festival (presented by Six Generations)
Updated: 22 August 2022
1. Application of terms
These Terms apply to your use of the Website. By accessing and using the Website:
- you agree to these terms; and
- where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
2. Changes
We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
These Terms were last updated on 22 August 2022.
3. Definition
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. About Auckland Climate Festival
4.1. We provide a platform for Event Hosts to share, and Event Attendees to find and attend, Events for Auckland Climate Festival.
4.2. We may communicate with Event Attendees and Event Hosts about the Auckland Climate Festival, including promoting, marketing and coordinating Auckland Climate Festival. However, we solely act as an intermediary for Event Attendees and Event Hosts to transact and are not a party to any an agreement to sell or purchase tickets for, or attend or host, Events. We are not an auctioneer or broker. When an Event Attendee purchases tickets to, and/or attends, an Event and an Event Host sells tickets, and/or agrees to host, an Event, they are entering into an agreement directly with each other.
4.3. Any interaction between you and another Website user, including any agreement entered into between you and another Website user, is a matter directly between you and them only. Other than our obligations set out in these Terms, we are not liable to you for any failure by any Website user to comply with these Terms or any other legal obligation.
4.4. We will use reasonable efforts to provide the Website in accordance with these Terms and New Zealand law.
4.5. Our provision of the Website to you is non-exclusive. Nothing in these Terms prevents us from providing the Website to any other person.
4.6. Subject to clause 4.7, we will use reasonable efforts to ensure the Website is available on a 24/7 basis. However, it is possible that on occasion the Website may be unavailable to permit maintenance or other development activity to take place, or due to an event that is beyond our reasonable control.
4.7. Through the use of web services and APIs, the Website may interact with a range of third party service features. We do not make any warranty or representation on the availability or performance of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any compensation.
5. Obligations
5.1. 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.
5.2. If you are given a User ID, you must keep your User ID secure and:
- not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
- 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
- not impersonate another person or misrepresent authorisation to act on behalf of others or us;
- not attempt to undermine the security or integrity of the Underlying Systems;
- not use, or misuse, the Website in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Website;
- not attempt to view, access or copy any material or data other than: i that which you are authorised to access; and ii to the extent necessary for you to use the Website in accordance with these Terms;
- neither use the Website, nor transmit, input or store any User Data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading.
- 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
- 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.
- any actual or alleged claim by a third party that any User Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the User Data is Objectionable, incorrect or misleading; or
- your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
6. User Data
6.1. Unless otherwise agreed in writing, title to, and all Intellectual Property Rights in, the User Data (as between us and you) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the User Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
6.2. Without limiting clause 6.1, you acknowledge that we may use User Data for our internal research, analytical and product development purposes, to conduct statistical analysis and identify trends and insights (on an anonymised and aggregated basis) and for our internal reporting requirements (and these rights will survive termination and expiration of these Terms).
6.3. You must ensure you have obtained all necessary consents for us to access, collect, hold, process and distribute the User Data as described in these Terms.
6.4. While we will use reasonable endeavours to back up all User Data stored using the Website, you must keep separate and regular back-up copies of all User Data uploaded by you onto the Website.
7. Intellectual Property
7.1. Other than your User Data, we (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
7.2. If you provide us with ideas, comments or suggestions relating to the Website or Underlying Systems (together feedback):
- all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
- we may use or disclose the feedback for any purpose.
8. Disclaimers
8.1. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
- the Website being unavailable (in whole or in part) or performing slowly;
- the failure of any Website user to comply with these Terms or the failure of an Event Host to comply with the Event Host Terms and Conditions;
- any error in, or omission from, any information made available through the Website;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
- any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
- you rely on information provided by other Website users at your own risk;
- you acknowledge we do not, control, inspect, endorse, approve or check the availability, condition or nature of any advertised Events or the accuracy, currency, truth or completeness of the information provided by Website users and it is your responsibility to do so; and
- it is your responsibility to take any other necessary precautions before entering an agreement to buy or sell tickets for and/or attend or host an Event.
9. Liability
9.1. To the maximum extent permitted by law:
- you access and use the Website at your own risk; and
- we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
10. Privacy
10.1. You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
10.2. When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020 and with our Privacy Policy set out at aucklandclimatefestival.co.nz/privacy-policy
11. Suspension and termination
11.1. If you have been provided with an account, you may cease using the Website at any time by removing your account from the Website. If you do this, these Terms and your right to access and use the Website through that account will terminate immediately.
11.2. Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
11.3. Without limiting any other right or remedy available to us, we may restrict or suspend your access to the Website if we consider that you have:
- undermined, or attempted to undermine, the security or integrity of the Website or any Underlying Systems;
- used, or attempted to use, the Website for improper purposes or in a manner, other than for normal operational purposes, that materially reduces the operational performance of the Website;
- transmitted or stored any User Data that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is, or may be, Objectionable, incorrect or misleading; or
- otherwise materially breached these Terms, or we otherwise consider restriction or suspension of your access to the Website to be appropriate.
12. General
12.1. 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.
12.2. These Terms, and any dispute relating to these Terms or the Website, 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 or the Website.
12.3. We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by an event that is beyond our reasonable control.
12.4. 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.
12.5. No person other than us and you has any right to a benefit under, or to enforce, these Terms.
12.6. For us to waive a right under these Terms, the waiver must be in writing.
12.7. Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5.6, 6, 7, 8, 9, 10, 11.2, 12.2 and 12.7, continue in force. person other than us and you has any right to a benefit under, or to enforce, these Terms.
12.8. 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 a 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.
12.9. These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
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