Terms And Conditions
TICKETSUITE WEBSITE TERMS AND CONDITIONS
These terms and conditions may be modified at any time and such modification shall be effective when we post the modified terms and conditions. Your continued use of the site shall be deemed to be your acceptance of the modified terms and conditions.
The use of this site is subject to the following terms and conditions of use:
- The site is a platform that allows:
- (a) event managers to promote their events and sell tickets to their events;
- (b) event managers to raise money for recipient organisations from Supporters;
- (c) champions to create fundraising pages (champions’ pages) to raise money for recipient organisations by participating in events;
- (d) members of the public to buy tickets and donate to recipient organisations; and
- (e) sponsors to support events and recipient organisations.
- We have separately entered into contracts with event managers in relation to the events and recipient organisations that are promoted on the site.
2. Changes to the site and services provided
- (a) The content of the pages on this site is subject to change without notice.
- (b) We will make every effort to ensure that the site and services are constantly operational.
- (c) We reserve the right to modify, discontinue or suspend all or part of the site or our services at any time without notice.
3. User conduct
- (a) You must not use the site in any way that causes, or is likely to cause, the site or access to it to be interrupted, damaged or impaired in any way.
- (b) You must ensure that any content you upload onto the site (including photographs) is not obscene, offensive, defamatory or racist and does not breach any law or regulation or any intellectual property rights of a third party or any right or duty owed to a third party. This means that if any of the content you upload is copyright protected, you must obtain the copyright owner’s written permission in order to use it.
- (c) In the event that you become aware of any content which breaches any of the above rules, please notify us immediately by emailing [firstname.lastname@example.org].
- (d) You must not use the site to misrepresent your identity or affiliation with any person or organisation.
- (e) You must not use the site to send junk or spam email.
- (f) You must not use the site to conduct, display or forward details of any survey, contest, pyramid scheme or chain letter.
- (g) We may remove any content from any page without notice at our sole discretion.
- (h) You must not to attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site or any other web site.
- (i) You must not to attempt to bypass the network firewall.
- (j) You must not to use any part of the site which you are not authorised to use or devise ways to circumvent security in order to access part of the site which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access.
- (k) You must not to use or attempt to use the site for any unlawful, criminal or negligent purpose. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses and intentional invasion of privacy.
4. Approval of champions
- (a) If you wish to become a champion associated with an event, you must first be approved by the event manager for that event. The site will submit your fundraising page for approval before it goes live.
- (b) We make no representation or warranty that your fundraising page will be approved.
- (c) We may suspend a fundraising page if the event manager withdraws its approval.
5. Charities and beneficiaries of champions’ pages (recipient organisations)
- (a) All the charities and beneficiaries that appear on the fundraising site have entered into a contract with us which enables us to collect fundraising donations made on the site on their behalf. We cannot collect donations without their permission.
- (b) The event manager for each event chooses its recipient organisation(s). You may only raise money for the named recipient organisation for the event on the site.
- (c) When you create a champion page on behalf of a recipient organisation, we are required to obtain the event manager’s approval of your champion page. Your champion page will only go live once it has been approved.
6. Use of funds by recipient organisations
- (a) We make no representations or warranties in relation to the appropriate use by recipient organisations of funds raised by use of the site or the services provided.
- (b) Recipient organisations make no representations or warranties in relation to the specific use of funds raised except in circumstances where it has expressly stated that funds raised will be applied to a particular project or appeal.
7. How do we get paid?
- (a) We are paid by the event manager.
- (b) We charge the event manager a flat monthly subscription fee to use our platform.
- (c) If the event manager uses our merchant facilities:
- (i) we also charge a transaction fee of 4% of the value of each transaction;
- (ii) all ticket revenue is held on trust by us for the relevant event manager until the event has been completed; and
- (iii) all donations are held on trust by us for the relevant recipient organisation in a separate bank account until they are paid to the recipient organisation.
8. Copyright policy
- (a) Copyright in the text, images, software, logos, icons, sound recordings and HTML code, content and other copyright material in the site is owned or licensed by us for use on the site.
- (b) The site contains material which is owned by or licensed to us, and is protected by intellectual property law. This material includes, but is not limited to, the design, layout, look, appearance and graphics of the site. Reproduction of this material is prohibited other than for your own personal, non-commercial use, provided that the material is not altered in any way and no trademark, copyright mark or other proprietary notice is removed from the material in question.
- (c) No other use of material on the site is permitted other than with the express written permission of the copyright holder.
- (d) Unauthorised use of the site may give to a claim for damages and/or be a criminal offence.
9. Security Policy
- We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
- (a) A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
- (b) We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve the site in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
- (c) Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
- (d) You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the site.
11. Links to other websites
- The site may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
- We collect donations on behalf of recipient organisations and passes the money to them. We cannot process refunds on behalf of recipient organisations. Please contact the recipient organisation involved directly quoting your donation reference number.
13. Unauthorised card use
- You agree not to use an invalid or unauthorised credit card. Once a donation is made, the transaction is final and not subject to dispute unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card issuer in accordance with its reporting rules.
14. Protecting your Password
- (a) As part of the sign up process, you must create a password to protect your personal account.
- (b) It is your responsibility to keep this password safe and ensure that it is not disclosed to any third party.
- (c) If you become aware that unauthorised use of your password has, or may take place, you are advised to change your password immediately by following the instructions.
- (d) We recommend that you select a strong password combining uppercase and lowercase alpha-numeric characters with a minimum length of 8 digits.
- (e) Your password is unique to you, non-transferable and it is not to be shared.
- (f) Do not use your username (email address) as your password.
- (g) Change your password at least every 90 calendar days.
- (h) Do not use a password identical to your previous 4 passwords.
- (i) If your account or password is suspected to have been compromised, change your password and report the incident to our Help Desk.
15. Disclaimer and liability
- (a) Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- (b) Your use of any information or materials on the site is entirely at your own risk. It shall be your responsibility to ensure that any products, services or information available through this site meet your specific requirements.
- (c) In no circumstances will we be liable for any loss or damages, whether direct or indirect, arising out of your use of the site and the services provided on the site or your inability to use them.
- (d) We shall not be liable to you or any third parties in contract or in tort arising out of, or in connection with, or relating to, the holding or staging of a fundraising appeal or event which has been published on the site or any fact, matter or thing relating to the holding or staging of a fundraising appeal or event (whether negligent or in breach of contract or not).
16. Breach of these terms and conditions
- If you do not comply with these terms and conditions, we may immediately suspend your access to any and/all parts of the site and the services provided without notice.
17. Validity and Satisfaction of Terms
- (a) We accept no liability for our failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
- (b) If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
18. Fundraising and physical activities
- By creating a fundraising page connected to an event you:
- (a) waive, release and discharge us and the relevant event manager from all claims or causes of action you may have (including for negligence) arising from any injury, loss or damage of any kind suffered by you including personal injury, illness or death and/or loss or damage to any property arising either directly or indirectly out of my attendance at or participation in the Event;
- (b) waive, release and discharge us and the relevant event manager from all claims or causes of action you or any person under your care may have (including for negligence) arising from any injury, loss or damage of any kind suffered by any person; and
- (c) consent to the free use of your name and pictures of you in any broadcast, telecast and print by us in relation to the Event.
- Your use of the site and any dispute arising out of such use of the site is subject to the laws of New Zealand.
We gather various information about users of our website. This information includes:
- personal information through your use of the website and the sign up, ticket purchase and donation processes (such as your first and last names and email);
- personal information, provided to us by you through any other method (including without limitation correspondence and telephone calls to our call centre);
- information collected by us through click tracking in relation to your use of the website, including the content you upload and the content you access;
- aggregated data, which tracks traffic to the website; and
- cookies, which are pieces of information transferred to your computer hard drive for record keeping (such as your preferences on our website).
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Use of your information
We will never sell or rent your personal information to third parties.
We will use information we collect from you for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. We generally use personal information to help us manage and enhance our services and to communicate with you about events and organisations that may be of interest to you based on your use of the website.
Email Newsletters and other notices
It is our policy to send emails throughout the purchasing process and other emails you elect to receive. In addition, we may send out promotional material to you promoting new or amended material on our site where we think that may be relevant to you. It is our policy to immediately remove any person from any mailing list upon the person’s request.
Credit Card /payment details
Cookies are small pieces of information that are stored in a browser-related file on your computer’s hard drive when you use our website. Cookies are widely used on most major websites. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. A cookie in no way gives us access to your computer or any information about you other than the data you choose to share with us.
We may use information contained in cookies to make assumptions about the user of the computer and to provide users of that computer with focused advertising that we believe may be of interest, based on that information.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our website.
Other information we collect
We collect and use additional information to carry out internal research on our users’ demographics, interests, and behaviour to better understand and serve you and our community. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address.
If you post on our site, on twitter or Facebook or other social media site, we may collect that information for the purposes of improving our service and the end user experience.
Access and removal of Information
You have the right to seek access the personal information held about you and to advise us of any inaccuracy. There are some exceptions to this right set out in the Privacy Act. If you make an access request, we will ask you to verify your identity and specify what information you require. We may charge a fee to cover the costs of meeting your request.
Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Updates to our information practices
We reserve the right to change this policy. By continuing to use the website, you agree to be bound by the amended policy. You should check from time to time to see if the policy has changed.