Terms & Conditions
SPORTS MARKETING LIMITED (Trading as The EXPERIENCE
GROUP) & EXPERIENCE GROUP TRAVEL LIMITED
THE TEG TERMS OF USE
TEG provides certain hospitality, travel, accommodation and
infrastructure related services in relation to certain sporting and
entertainment events. TEG provides these services either on its own
account or on behalf of Event Organisers.
These Terms of Use govern all requests and purchases of Packages
by Clients from TEG. Accordingly, in requesting or purchasing a
Package, the Client acknowledges that they have read and accepted
these Terms of Use and agree to be legally bound by them. These
Terms of Use shall take effect notwithstanding any inconsistency
with any other term or condition that relates to any Package.
Please direct any queries regarding these Terms of Use to TEG,
before any request for a Package is made.
1.0 DEFINITIONS
1.1. In these
Terms of Use, the words and expressions set out below shall, unless
the context otherwise requires, have the following meanings:
"Booking" means the reservation of a
Package in accordance with these Terms of Use;
"Booking Confirmation" means the
written confirmation sent by TEG to Clients in accordance with
clause 3 of these Terms of Use;
"Client" means any person that
requests or purchases a Package from TEG;
"Event" means certain sporting and
entertainment events for which TEG provides hospitality and certain
other services;
"Event Organisers" means any
contracted party who holds rights to certain Events or who is
responsible for the organisation, supervision and/or provision of
certain activities, goods and services at certain Events that form
part of the Package;
"Operators" means, as relevant:
(a) The
owner and/or operator of the Venue and their personnel;
(b) Police
officers or other law enforcement authorities or security officials
at the Venue;
"Package" means any package for an
Event, including but not limited to tickets, vouchers, packages,
goods and services obtained and/or provided and sold to the Client
by TEG and/or third parties;
"TEG" means Sports Marketing Limited
and its subsidiaries which includes but is not limited to
Experience Group Limited and Experience Group Travel Limited;
"Terms of Use" means TEG's terms and
conditions as set out herein; and
"Venue" means the location or venue at
which the relevant Event is held.
2.0 PACKAGES
2.1 TEG
does not make any warranty or representation in relation to the
standard of any goods or services that are provided by third
parties (including but not limited to Event Organisers) as part of
the Package, or the fitness for purpose, suitability, presentation,
or availability of services or amenities in relation to any goods
or services provided by third parties as part of the Package.
2.2 In
requesting and purchasing a Package the Client:
(a)
Warrants that all details provided to TEG on behalf of the Client
or its invitees are complete and accurate;
(b)
Warrants and represents that the person confirming the Booking has
the power and authority to bind the Client;
(c)
Appoints TEG as its duly appointed agent for the purposes of
dealing with all Event Organisers and Operators for the purpose of
procuring the goods and services that form part of the Package.
(d)
Acknowledges that TEG has brought to the attention of the Client
these Terms of Use;
(e)
Formally accepts and agrees to be bound by (and to comply with)
these Terms of Use and any other laws, rules, regulations and/or
conditions relating to the provision of the Package; and
(f)
Accepts responsibility for making due payment of all monies payable
in respect of each Booking.
3.0 BOOKING
3.1
Following a request being made by the Client, confirmation of the
Package and pricing details will be issued in writing by TEG
(""Booking Acknowledgement"). The Client must acknowledge the same
and confirm in writing to TEG its acceptance of the purchase of the
specified Package within seven (7) days of issue by TEG (or within
such lesser period as may be advised by TEG). Upon receipt of the
Client's written acceptance of the Booking Acknowledgement, TEG
will send the Client a Booking Confirmation with respect to the
Package and corresponding invoice(s).
3.2 The
Client acknowledges and represents that the person confirming the
Booking has the power and authority to bind the Client.
3.3 The
Client on confirming the Booking agrees to be bound by, and shall
comply with, the terms and conditions herein together with any
other terms relating to the Package and any other requirements
and/or conditions that may be otherwise required by TEG.
3.4 The
Client acknowledges that payment of all invoices rendered by TEG in
respect of an Event must be made in order for a Booking to be
honored.
3.5 TEG
reserves the right to cancel a Booking should payment of any
invoice rendered by TEG not be received before the payment due date
as advised to the Client. If the Client's Booking is
cancelled in accordance with this clause then no part of the
Package will be provided to the Client notwithstanding that any
part of the invoice or invoices may have been paid. In the
event that the Client has paid some but not all of the TEG invoices
rendered in relation to a Package ordered by the Client, then the
amount paid will be forfeited by the Client as a cancellation
fee.
3.6 TEG
reserves the right to cancel a Booking if TEG considers, at its
absolute discretion, that there has been insufficient sales of
Packages for an Event. Where possible TEG shall advise the
Client as soon as possible of such cancellation and shall refund in
full all payments made by the Client for each Package so cancelled
(except in circumstances where TEG is acting purely as a sales
agent).
4.0 PRIVACY
4.1 TEG is
committed to protecting the privacy of the Clients in accordance
with the Privacy Act 1993.
4.2 In
order to purchase any Package from TEG, the Client is required to
provide certain personal information that is necessary to provide
the Package requested. In this regard, the Client authorises TEG to
collect, retain and use personal and other information about the
Client ("Information"). The Client agrees that TEG may disclose
this information to Event Organisers and Operators (who may be
third parties) for the purpose requested. The information
requested will typically include name, address, telephone number,
and email address of all relevant parties. To pay for the
services the Client will also need to provide its credit card
details. TEG does not retain Clients' credit card details for
security reasons so they will need to be provided each time a
Package is purchased from TEG.
4.3 In
accordance with the Privacy Act 1993 the Client irrevocably
acknowledges:
(a)
That the Information shall be deemed to be held by TEG, Authorised
Contractors and by any other person for the purposes described in
clause 4.2 above;
(b)
That where the Information can be readily retrieved, the Client
shall have access to it, the right to request correction of any
personal information relating to it held by TEG and the right to be
notified of action taken in response to any such request, subject
to payment of any reasonable charge (where such charge can be
legally levied).
4.4 TEG
will take all reasonable steps to keep Client information secure
and requests that Clients keep their personal information as
current as possible so that TEG may continue to improve its service
to them.
4.5 Should
the Client choose to use the TEG website
(www.theexperiencegroup.co.nz), TEG may on some occasions store a
cookie on the Client's computer. The information stored in the
cookie allows TEG to personalise the Client's visit and can help
the Client obtain information it has requested.
(a)
The Client always has the option of disabling cookies from being
stored on its computer by changing its browser settings, however
this may result in a limited experience of TEG's website
functionality and services.
(b)
Additionally cookies are small files that a site or its service
provider transfers to Clients' computer hard drives through the Web
browser (if the Client allows). Cookies enable the sites or service
providers systems to recognize the Client's browser and capture and
remember certain information, for example but not limited to:
(i)
Third party vendors, including Google, show our ads on sites on the
internet;
(ii)
Third party vendors, including Google, use cookies to serve ads
based on the Client's prior visits to this website; and
(iii)
Clients have the option to opt out of Google's use of cookies by
visiting the Google advertising opt-out page (http://www.google.com/privacy_ads.html).
(c)
Alternatively Clients can opt out - opt out of cookies by visiting
the Network Advertising Initiative opt out page (http://www.networkadvertising.org/managing/opt_out.asp).
5.0 EVENTS
5.1
Tickets or vouchers sold by TEG as part of a Package are sold by
TEG as an agent for the Event Organisers. The Client shall be
subject to the Event Organiser's terms and conditions of sale in
addition to the terms and conditions contained herein. All claims
relating to tickets, vouchers, or the Event itself are the sole
responsibility of the Event Organiser, and to the full extent
permitted by law TEG disclaims all such liability to its Clients or
any related parties.
5.2 TEG as
agent finalises all arrangements for Packages on the express
condition that it shall not be liable to guests for any injury,
loss, accident, delay or irregularity which may be occasioned by
reason of any defect through the acts or default of any company or
person (including but not limited to Event Organisers) engaged in
carrying out the arrangements at the Events or otherwise in
connection herewith.
5.3 The
right of admission is reserved and is subject to the Event
Organiser and Venue's terms of admission, copies of which shall be
made available on request.
5.4 Entry
may be refused if tickets are damaged or defaced in any way or are
not purchased directly from TEG or its authorised points of
sale.
5.5
TEG reserves the right to add, withdraw, reschedule or substitute
speakers and entertainment, and may vary any advertised programme,
venue and/or seating arrangements.
5.6 TEG
does not warrant or represent that any advertised Event will be
held.
5.7 TEG,
Event Organisers and Operators (or its authorised representatives)
have the right to remove any person who in its reasonable opinion
is not observing the obligations set out herein.
5.8
Packages may not be resold without the prior written approval of
TEG.
5.9 The
Client shall not hold themselves out as sponsors of the Event.
5.10 The purchase of a
Package does not give the Client any rights in respect of the
official logos, emblems or mascots of TEG or any Event.
5.11 The Client must
not use a Package for marketing or promotional purposes. This
includes, but is not limited to, being used as a part of a prize or
lottery.
5.12 The Client
acknowledges that participation in an Event may involve a risk of
personal injury and damage to, or loss of, property. In
consideration of the benefits to be derived from participating in
the relevant Event, the Client voluntarily accepts all risk of
personal injury and property damage or loss arising from
participation in the Event, and hereby agrees that it and all of
its dependents, heirs, executors, assigns, guests and invitees will
indemnify TEG and its employees, directors and representatives in
respect of any and all potential claims of illness, bodily
injury, death or property damage or loss, however caused, arising
from or in relation to the Event.
6.0 CLIENT'S OBLIGATIONS
6.1 The
Client agrees to (as applicable):
(a)
Pay all monies due and owing as specified by TEG;
(b)
Pay interest at 18% per annum calculated on a daily basis on all
sums unpaid from the due date for payment until payment is received
by TEG;
(c)
Pay to TEG any costs or expenses incurred by TEG in recovering sums
owed hereunder and any damages for non-performance hereof including
legal costs on a full indemnity basis;
(d)
Be responsible for the reasonable dress standard, good behaviour,
and full compliance with all provisions under these Terms of Use by
all persons attending the Event as its guest or invitee;
(e)
Exercise host responsibility in respect of the amount of alcohol
consumed, age of invitees and the dangers of drinking and
driving;
(f)
Use the facilities or property provided by TEG, the Event
Organisers or Operators as part of a Package for the purpose
intended, and indemnify TEG in respect of any damage caused by it
or its invitees' wilful, negligent, or inadvertent act;
(g)
Not bring any food or alcoholic beverages to any Event and further
agree that alcoholic beverages may only be consumed as directed by
TEG or the principals, officers or administration personnel of any
Venue;
(h)
Comply with any smoking restrictions that are from time to time
imposed by Venue administration;
(i)
Comply with the terms and conditions of the Event Organiser and any
instruction given by them; and
(j)
Comply with all laws, rules and regulations of the Venue owners and
all local and statutory authorities.
7.0 ENJOYMENT OF OTHERS
7.1 TEG,
the Event Organisers and the Operators retain the right to require
any person to leave the Venue or Event if that person:
(a)
Engages in conduct which unreasonably interferes with other persons
enjoyment of the Event;
(b)
Interferes with either TEG, the Event Organiser or the Operators'
ability to provide hospitality and/or conduct the Event;
(c)
Breaches any laws, by-laws, orders, rules or regulations applicable
to the Venue or the Event; or
(d)
Is not observing their obligations hereunder.
7.2 If a
person fails to leave the Venue after being requested to do so then
that Client's right to access the Venue shall be automatically
revoked.
8.0 TEG'S RESPONSIBILITIES
8.1 TEG
shall use all reasonable skill and care to organise and provide
hospitality and other certain services to the Client as detailed in
the relevant Booking Confirmation.
8.2 TEG
reserves its right to substitute the form of hospitality offered
for similar products of a similar standard. Notice will be
provided where possible, but TEG is in no way obliged to give such
notice.
9.0 PRICE
9.1 All
quotes are given in good faith and to the best of TEG's knowledge
and are true and accurate as at the time at which they are
given. TEG reserves the right to pass on to the Client any
cost increases that are incurred in relation to the relevant
Booking.
9.2 In the
event that a cost increase is passed on to the Client, prior to an
invoice being issued to the Client, the Client will thereby have
the right to cancel its reservation in accordance with clause
10.
9.3 All
prices are exclusive of GST.
9.4 All
prices are quoted in terms of NZ$ unless otherwise specified.
10.0 CANCELLATION
10.1 Without limiting
TEG's right to claim payment hereunder for any loss or damage
arising as a result of any cancellation hereof, if the Client
cancels any Package the Client shall forfeit any and all monies
that have paid to TEG. If the Client cancels within 12 weeks of the
Event or the commencement of any season Package, the Client will be
liable to TEG for the total Package price plus GST as well as any
costs and expenses incurred in recovering such payment. Notice of
cancellation by the Client shall not take effect until it is
received in writing by TEG. If notice is not received on a working
day then the notice will only take effect on the next working day
thereafter.
10.2 Without limiting
any other provision hereof, TEG has no liability to make any refund
to the Client whatsoever, if for any reasons outside the control of
TEG, the Package is partly or wholly cancelled for any reason
including bad weather. TEG recommends that the Client consider
obtaining appropriate insurance cover through the Client's own
insurance broker. Should a facility or venue for the Event for any
reason be destroyed or made unusable TEG is not obliged to make any
refund.
10.3 Without limiting
any other provision hereof, in the circumstances where TEG is
acting purely as a sales agent, TEG has no liability to make any
refund to the Client whatsoever. The Client's claim is to
rest with the Event Organiser.
10.4 Subject to the
Consumers Guarantees Act 1993, tickets cannot be exchanged or
returned after purchase and liability is limited to refunding the
Package price where the Event is cancelled and not rescheduled. A
time limit may apply to refunds.
10.5 If the Client is
in the business of or holds itself out as acquiring goods/services
from TEG for the purposes of a business, the Client as a buyer
acknowledges that it is not entitled to claim any of the remedies
provided under the Consumer Guarantees Act 1993 from TEG and that
the provisions of that Act do not apply to the Client.
10.6 Tickets or
vouchers will be void if on sold, traded, scalped or used as a
competition prize or for promotional purposes without written
authority from TEG.
10.7 Either party may
cancel a Booking with immediate effect if:
(a)
A party is in material breach of any provision of these Terms
of Use and that breach is unable to be remedied;
(b)
Where a material breach has occurred that is capable of remedy but
is not remedied within thirty (30) days of notice; or
(c)
Any party becomes subject to insolvency or any official is
appointed in respect of that party's assets.
10.8 These Terms of
Use shall be read subject to the provisions of the Major Events
Management Act 2007 at all times.
11.0 DISCLAIMERS AND
INDEMNITY
11.1 The Client agrees
that personal arrangements between itself and its invitees are
entered into by the Client and its invitees at their own risk.
11.2 In the event that
part or all of a Booking cannot be used due to the Client's
illness, incapacity or personal choice, no refund or compensation
will be provided.
11.3 To the full
extent permitted by law the Client hereby waives and releases TEG
from, and indemnifies and holds TEG harmless from any and all
liability in respect of:
(a)
Any and all costs, losses, damages and expenses suffered by the
Client, its agents, employees, invitees and/or guests and which
arise in connection with the Package or any breach of these Terms
of Use. This includes but is not limited to loss of income,
profits, interest, opportunity or loss of market, and is
irrespective of whether such losses may be direct, or special, or
indirect or consequential, and whether or not TEG had knowledge
that such damages may be incurred; and
(b)
Any goods or services that were provided by a third party and/or
any goods and services which are additional to the hospitality or
other services described in the Booking.
11.4 These Terms of
Use constitute the sole and exclusive agreement between the Client
and TEG. The Client acknowledges that no other warranties,
representations, written or verbal, have been made that are not
reflected herein.
11.5 To the full
extent permitted by law TEG's absolute liability, whether for
breach of these terms or in negligence or in any other tort or for
any other common law or statutory cause of action arising in
relation to these Terms of Use, or the Package purchase is limited
to the purchase price paid for the Package. To any extent limited
by law TEG will not be liable for any direct, incidental,
consequential or indirect damages, loss, loss of profits, goodwill
bargain, or opportunity or loss of anticipated savings resulting
from the Client's purchase of the Package, whether based on
warranty, contract, tort, negligence or any other legal theory, or
whether or not TEG know the possibility of such damage.
12.0 AMENDMENTS
12.1 These Terms of
Use may be amended whether in whole or in part. These amendments
will be effective immediately after publication on TEG's website or
otherwise delivered to the Client.
12.2 All amendments or
variation of these Terms of Use are only permitted if agreed to in
writing by TEG.
13.0 FORCE MAJURE
13.1 TEG or the Event
Organiser may cancel, interrupt or stop the Event due to
circumstances beyond its control.
13.2 No party shall be
liable to any other party for its inability to perform any
obligations under these Terms of Use caused by such an event.
13.3 If such an event
occurs, then the party affected shall immediately notify the other
parties and take all reasonable steps to reduce its effect.
13.4 TEG is not liable
for failure to deliver or provide any Event or for any delay in
delivery or in providing any such Event where such failure or delay
is caused by strike, combination of workmen, lockout, difficulty in
procuring components or materials, shortage of labour, lack of
skilled labour, delays in transit, failure or delay by the Client
in performing any of its obligations hereunder, failure or delays
by suppliers or subcontractors, failure, delay or inability to
obtain any necessary authorisation, legislative, departmental or
other prohibition or restrictions, fire, flood, hostilities,
commotions or other causes whatsoever (whether similar in nature or
not to the foregoing) beyond TEG's reasonable control.
14.0 GOVERNING LAW
14.1 These Terms and
Conditions shall be governed by and interpreted in accordance with
the laws of New Zealand.
Cricket Terms and Conditions
All International Cricket matches involving the BLACKSCAPS at
Eden Park are subject to the terms and conditions set out by
Auckland Cricket and can be viewed here.