Please read these Terms and Conditions carefully before purchasing a ticket. By purchasing a ticket, you agree to be bound by these Terms and Conditions.
You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an Event. You may also wish to consider taking out a relevant insurance policy to cover any losses in the event of cancellation, rescheduling or relocation.
These Terms and Conditions relate both to the sale of tickets and attendance at Events. These Terms and Conditions apply to both the original purchaser and any subsequent ticketholders (“you” or “your”).
Nothing in these Terms and Conditions is intended to limit your rights under the Consumer Guarantees Act 1993.
We may vary these Terms and Conditions by putting the varied terms on our website. Tickets ordered after the date of the publication of the varied terms will be subject to the variation and the placing of the order shall be deemed to be an acceptance of such varied Terms and Conditions.
1. CURRENCY
1.1 All ticket prices for Events that occur in New Zealand are stated in New Zealand Dollars.
2. WHO YOU ARE BUYING FROM:
2.1 When you purchase a ticket for an Event, then the Nelson Giants will be handling the transaction and collecting payment using Flicket Limited’s software. You acknowledge that the Nelson Giants are not liable to you for any failure to purchase a ticket via the Nelson Giants website.
3. SUPPLY OF TICKETS
3.1 Order Confirmation for online purchases of Tickets: Ticket purchases are not complete or accepted by the Nelson Giants until payment has been received and a order number has been issued.
3.2 When purchasing tickets for an Event, you may be limited to a specified number of tickets. If you exceed the stated ticket limit, you may have any or all of your orders and tickets cancelled without notice by the Nelson Giants at its discretion. This includes orders associated with the same name, email address, billing address, credit card number or other information. Ticket limits apply to ensure fair access to tickets for fans, and as a measure to minimise ticket scalping.
3.3 Errors: While Nelson Giants take all reasonable care to ensure that tickets are correctly priced and only available for sale when intended, sometimes errors may occur. Nelson Giants may cancel an order as a result of any such error, although in the case of a pricing error, Nelson Giants will endeavour to contact you to give you the option of purchasing the ticket at the correct price.
4. COLLECTION AND DELIVERY OF TICKETS
4.1 If purchasing online, you must allow adequate time for collection or delivery of tickets. Methods of collection/and or delivery will be available when choosing your collection/delivery details. Where concessions are applicable, suitable and valid identification must be provided for collection of tickets and at the Event.
4.2 Nelson Giants will only replace lost, stolen, damaged or destroyed tickets if the authenticity of the ticket can be verified, including proof of purchase, and if you give reasonable notice before the Event. Nelson Giants may charge a reasonable fee for the replacement of tickets. Nelson Giants may not replace tickets where seating is unallocated.
5. ENTRY TO EVENT AND TICKETS GENERALLY
5.1 Tickets remain the property of Nelson Giants at all times. Tickets may not be on-sold, offered for resale at a premium (including via on-line auction or other authorised resale sites), exchanged for fee or reward or other valuable consideration, or otherwise used for commercial purposes (including for advertising and promotional purposes such as prizes, contest, or sweepstakes) without the prior written consent of Nelson Giants. In granting such consent, Nelson Giants may require additional conditions to any tickets as it sees fit (including charging an additional fee). The bearer of the ticket may be refused entry or directed to leave the Event If a ticket has been dealt with in breach of this clause.
5.2 If you buy, or claim to buy a ticket for business purposes, the Consumer Guarantees Act 1993 will not apply. This does not change the rest of these terms which remain valid.
5.3 Entry into an Event may be refused if the authenticity or validity is questionable, including because the ticket has been damaged or defaced in any way, or has not been purchased from Nelson Giants or other authorised points of sale.
5.4 Admission to an Event is subject to the Trafalgar Centre’s owner’s (“Owner”) terms of entry which can be found on the Owner’s website. In particular, the following form part of the Owner’s terms unless otherwise specified:
(a) you may be denied entry into, or removed from, an Event where the Owner has reasonable grounds to do so, including if you breach these Terms and Conditions or the Owner’s terms, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the Event by others;
(b) you may be required to submit to a search of your person and/or possessions before entering the Event.
6. COVID-19 SPECIFIC CONDITIONS OF ENTRY
6.1 If you are attending the Event as part of a group, as the primary ticket purchaser, you are responsible for knowing the contact details of all attendees in your group (including their full name, contact email address and contact phone number). In the event you are contacted directly by the Ministry of Health for the purposes of contract tracing, you must make these details available to the Ministry of Heath for that purpose.
6.2 As the primary ticket purchaser, you must download the NZ COVID Tracer app, and take responsibility for ensuring that other attendees in your group also download the NZ COVID Tracer app.
6.3 Upon arrival at the Event, you must use the NZ COVID Tracer app, to scan the Event specific QR codes. Such QR codes will be located at points of entry, and around the Event Venue.
6.4 All attendees in your group must commit to stopping the spread of COVID-19. Neither you, nor any other members of your group, will attend the Event if currently subject to a 14 days isolation period or feeling unwell.
6.5 Should the NZ Government require all attendees to the Event show proof that they have been vaccinated against Covid-19 (for example, through the use of a ‘vaccine passport’), or an official exemption, all attendees must provide proof upon entry.
7. CANCELLATION AND REFUNDS
7.1 Except as set out in clause 7.2 and 7.3, Nelson Giants will not refund payments made by you for tickets under any circumstances, including:
(a) The non-appearance of a particular person, group, or personally such as a player, team, performer or band (whether advertised or not);
(b) Any variation to the on-field Event program;
(c) Any variation to the off-field Event program, services, and attractions such as the postponement or cancellation of any entertainment, amusements, or interactive displays.
(d) Any adverse weather conditions;
(e) If your personal circumstances change;
(f) Any other circumstances beyond the reasonable control of Nelson Giants.
(g) The failure to provide proof of vaccination (or exemption) against Covid-19 if required by the NZ Government.
7.2 Refund: If:
(a) the entire Event is cancelled and cannot be rescheduled; or
(b) an error is made and the reserved seat for the ticket is unavailable.
then, subject to clause 7.4, Nelson Giants will:
(a) exchange the ticket for a ticket to the next Event; or
(b) subject to a refund request being received by Nelson Giants in accordance with clause 7.5, refund the ticket price (less any applicable expenses including booking fee and credit card charges).
7.3 If no monetary consideration has been paid for a ticket, no refund or other costs will be payable to the holder of such ticket in the event of cancellation, postponement or change to the Event, or for any reason whatsoever.
7.4 Refund request process: For all tickets, email admin@giants.nz with your contact details, and all ticket transaction information. If you are eligible for a refund, Nelson Giants will make the refund payment to the credit card that the tickets were purchased with. If the credit card you used to purchase has expired, please note this in the email and a Nelson Giants representative will contact you for new details. If you purchased a ticket using EFTPOS or cash then please provide bank details so the Nelson Giants can refund you directly. Please do not provide credit card details in emails. Proof of purchase will be required for any refund or exchange.
7.5 Refund Request timeframes: Subject to consumer legislation, no refunds for tickets will be given if a refund request is made within 2 months from the date the Event was scheduled.
7.6 Refund timeframes: Timing for refunds may vary with high volumes of requests. Nelson Giants will endeavour to provide you with a refund within the following timeframes:
(a) within 10 business days from the date that the Nelson Giants confirm to you that you are entitled to 100% of the refund; or
(b) within 15 business days from the date that the Nelson Giants confirm to you that you are entitled to a partial refund.
8. PRIVACY
8.1 You acknowledge that we will collect, use, share and store Personal Information in accordance with our Privacy Policy available at https://giants.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.
9. 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.
10. 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 Nelson Giants 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, Nelson Giants 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 Nelson Giants provides no warranties (express or implied), including any implied warranties of merchantability and fitness for a particular purpose. However, nothing in these terms limits Nelson Giants liability for any breach under the Consumer Guarantees Act 1993 or will limit your rights that cannot be limited under New Zealand legislation.
11. INDEMNITY
11.1 You agree to indemnify and hold the Nelson Giants 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.
12. GENERAL
12.1 Nelson Giants make no representation or warranty of any kind in relation to the quality, content, or duration of any Event.
12.2 Nelson Giants 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.
13. 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 Nelson Giants 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 Nelson Giants 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.