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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.

5.13        The Client acknowledges that where a Package includes a 'covered' ticket/seat, the seat allocated to the 'covered' ticket/seat has been categorised by the Venue owner as a seat that is located behind the 'dripline' of the roof of the Venue.  For the avoidance of doubt, TEG does not guarantee that all seats categorised as 'covered' tickets/seats will remain dry at all times. In this regard, the Client acknowledges that the dryness of a 'covered' ticket/seat may be subject to weather conditions prevailing at the time of the Event and accepts all risk associated with such weather conditions.

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.

9.5          TEG reserves the right to pass on credit card charges where the client chooses to pay by crediat card.

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 BLACKCAPS are subject to the terms and conditions set out by New Zealand Cricket and can be viewed here.


EXPERIENCE GROUP TRAVEL LIMITED

TERMS OF USE

Experience Group Travel Limited ('EGT') provides services for sports and events travel, business travel, leisure travel and conference and incentive travel.  EGT provides these services either on its own account or on behalf of suppliers, Event Organisers or Operators.

The following terms and conditions ('Terms of Use') govern all requests and purchases of Services by Clients from EGT.  Accordingly, in requesting or purchasing Services, the Client (including any Guarantor) 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 EGT, before any request for Services is made.

  1. DEFINITIONS
    1. In these Terms of Use, the words and expressions set out below shall, unless the context otherwise requires, have the following meanings:
    2. 'Booking' means the reservation of a Package (or any component of a Package) for the Client made by EGT pursuant to these Terms of Use;
    3. 'Booking Confirmation' means the written confirmation sent by EGT to the Client in accordance with clause 3;
    4. 'Client'    means a client that requests the supply of Services from EGT (and includes the Client's successors and permitted assigns and any person acting on or behalf of or with authority of the Client) and authorises EGT to make Bookings on its behalf;
    5. 'EGT' means Experience Group Travel Limited;
    6. 'Event'    means certain sporting and entertainment events that are part of a Package or for which EGT provides any Services in relation to;
    7. 'Event Organiser' 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 a Package (whether that Package is organised by the Event Organiser or not);
    8. 'Guarantor' means any and every guarantor of the obligations of a Client under these Terms of Use whether specified within these Terms of Use or in any credit account application or otherwise;
    9. 'Operator' means, as relevant:
    10. The owner and/or operator of the Venue and its personnel; singular
    11. Police officers or other law enforcement authorities or security officials at the Venue;
    12. 'Package' means any package put together, or procured from a third party (i.e. Event Organisers, suppliers, travel, leisure, accommodation and insurance providers), by EGT for a Client which EGT provides as part of the Services.  A Package may include (but is not limited to) all or any one of the following components: travel and flights, accommodation, transfers, travel insurance, tickets and Event tickets, vouchers and any other goods and services booked for the Client. For the avoidance of doubt, any singular travel / corporate travel services booked for the Client by EGT shall be deemed a Package for the purposes of these Terms of Use;
    13. 'Services' means making Bookings and organising, facilitating or procuring Packages for a Client and any other services provided by EGT for the Client;
    14. 'Suppliers' means any supplier or provider of a Package component, including (without limitation) those suppliers / providers of travel, leisure and / or accommodation in relation to a Package;
    15. 'Terms of Use' means EGT's terms and conditions as set out herein; and
    16. 'Venue' means the location or venue at which the relevant Event is held.
  2. GENERAL
    1. In requesting and purchasing Services from EGT the Client:
    2. Warrants that all details provided to EGT on behalf of the Client or its guests/invitees are complete and accurate;
    3. Warrants and represents that the person confirming the Booking has the power and authority to bind the Client;
    4. Appoints EGT as its duly appointed agent for the purposes of dealing with all Suppliers, Event Organisers and Operators for the purpose of organising or procuring the goods and services that form part of a Package.
    5. Acknowledges that EGT has brought to the attention of the Client these Terms of Use;
    6. Formally accepts and agrees to be bound by (and to comply with) these Terms of Use and any other laws, rules, regulations and/or terms and conditions relating to the provision of a Package; and
    7. Accepts responsibility for making due payment of all monies payable in respect of each Booking.
    8. EGT acts as an agent only and does not provide travel or the components of Packages (which are sourced from third party Suppliers and Event Organisers).  The Client's agreement for any Bookings or components of Packages are with the relevant Suppliers or Event Organiser and upon the terms and conditions applied by them.  EGT makes no warranty as to the Packages whatsoever and all services and products provided by the Suppliers or Event Organisers are available on an 'as is' basis.
    9. While EGT endeavours to ensure the content on its website and otherwise provided to the Client is as accurate as possible, EGT shall not be responsible for the content of any material or promotion supplied by or derived from Suppliers or Event Organisers nor be liable for any direct or indirect loss or damage suffered by the Client (or any other party) from accessing, using, relying on or trading with such Suppliers or Event Organisers.
  3. BOOKING
    1. Following a request being made by the Client to EGT, confirmation of the Package and other Services provided and all pricing details will be issued in writing by EGT (''Booking Acknowledgement').  The Client must acknowledge the same and confirm in writing to EGT its acceptance of the purchase of the Services and specified Package within seven (7) days of issue by EGT (or within such other period as may be advised by EGT in writing).  Upon receipt of the Client's written acceptance of the Booking Acknowledgement, EGT will send the Client a Booking Confirmation with respect to the Package and corresponding invoice(s).
    2. The Client acknowledges and represents that the person confirming the Booking has the power and authority to bind the Client.
    3. The Client on confirming the Booking agrees to be bound by, and shall comply with, these Terms of Use together with any other terms and conditions relating to the Package and any other requirements and/or conditions that may be otherwise required by EGT.
    4. The Client acknowledges that payment of all invoices rendered by EGT in respect of the Services and Package must be made in order for a Booking to be honored.
    5. 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.  Clients should consult their travel insurance provider.  
    6. EGT reserves the right to cancel a Booking should payment of any invoice rendered by EGT for the Services and Package not be received before the relevant payment due date.  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 for the Services and Package may have been paid.  In the event that the Client has paid some but not all of the EGT invoices rendered for the Services and Package ordered by the Client, then the amount paid will be forfeited by the Client as a cancellation fee.
    7. EGT reserves the right to cancel a Booking if EGT considers (in its reasonable discretion) that there have been insufficient sales of a Package for an Event.  Where possible EGT 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 EGT is acting purely as a sales agent for an Event Organiser or Operator).
  4. CREDIT
    1. EGT reserves the right to refuse credit to the Client without being obliged to provide reasons for such refusal.  In the event that credit is refused all orders by the Client must be paid in accordance with clause 10.
    2. EGT may, at any time and in its absolute discretion, cancel, alter or suspend any credit terms (if applicable) when, in EGT's reasonable opinion, the financial condition of the Client or the status of the Client's account requires it and the Client agrees to pay on demand all sums owing in connection with any credit facility in the event the credit facility is suspended or cancelled.
    3. All credit accounts of the Client shall be paid in full by the 20th day of each month following invoice date (or as otherwise stated on the relevant invoice or within such other period as may be advised by EGT in writing).
    4. If EGT grants any credit facility to the Client, the Client agrees that a demand purporting to be signed on behalf of EGT identifying unpaid amounts is conclusive evidence that such amounts are payable and unpaid.
    5. The Client agrees that:
    6. Each Booking it makes shall be deemed to include a representation that it is solvent and able to pay all of its debts as and when they fall due; and
    7. When any Booking is made, the Client shall inform EGT of any facts which might reasonably affect any decision to accept the Booking and/or grant credit.  Any failure to do so shall be deemed to create an inequality of bargaining position, the taking of an unfair advantage of EGT and to be unconscionable, misleading and deceptive.
  5. PRIVACY
    1. EGT is committed to protecting the privacy of the Clients in accordance with the Privacy Act 1993.
    2. In order to purchase any Services from EGT, the Client is required to provide certain personal information that is necessary to provide the Services requested.  In this regard, the Client authorises EGT to collect, retain and use personal and other information about the Client ('Information').  The Client agrees that EGT may disclose this information to third party Suppliers, 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, Packages and Bookings the Client will also need to provide its credit card details.  EGT does not retain Clients' credit card details for security reasons so they will need to be provided each time Bookings are made
    3. In accordance with the Privacy Act 1993 the Client irrevocably acknowledges:
    4. That the Information shall be deemed to be held by EGT, third party Suppliers, Event Organisers and by any other person for the purposes described in clause 5.2 above; and
    5. 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 EGT 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).
    6. EGT will take all reasonable steps to keep Information secure and requests that Clients keep their personal information as current as possible so that EGT may continue to improve its service to them.
    7. Should the Client choose to use the EGT website (www.experiencegroup.co.nz), EGT may on some occasions store a cookie on the Client's computer.  The information stored in the cookie allows EGT to personalise the Client's visit and can help the Client obtain information it has requested.  The Client allows the use of cookies by EGT and acknowledges that if it does not wish EGT to use cookies it shall disable cookies from being stored on its computer by changing its browser settings, however this may result in a limited experience of EGT's website functionality and services.
  6. EVENTS AND PACKAGES
    1. Tickets or vouchers that are part of a Package are booked by EGT as an agent for the Client.
    2. The Client shall be subject to the relevant Suppliers, Event Organiser's and / or Operator's (as applicable) terms and conditions of sale in addition to these Terms of Use.  All claims relating to tickets, vouchers, the Venue, the Event or any component of a Package itself are the sole responsibility of the relevant Event Organiser, Suppliers and/or the Operator. Except in the case of negligence or wilful default on the part of EGT, to the full extent permitted by law EGT disclaims all such liability to its Clients or any related parties.
    3. EGT 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 Suppliers, Event Organisers and Operators) as part of a 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 (including but not limited to Suppliers, Event Organisers and Operators) as part of a Package.
    4. Except in the case of negligence or willful default on the part of EGT, EGT as agent finalises all arrangements for Packages on the express condition that it shall not be liable to Clients 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 Suppliers, Event Organisers and Operators) engaged in carrying out the arrangements at the Events or otherwise in connection herewith.  
    5. 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.
    6. Entry may be refused if tickets are damaged or defaced in any way or are not purchased directly from EGT or its authorised points of sale.
    7. EGT does not warrant or represent that any advertised Event will be held.
    8. EGT, 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.
    9. The Client shall not hold themselves out as sponsors of the Event.
    10. The purchase of a Package does not give the Client any rights in respect of the official logos, emblems or mascots of EGT or any Event.
    11. Tickets, vouchers or Packages (or any component thereof) will be void if on sold, traded, scalped or used as a competition prize or for promotional purposes without prior written authority from EGT (in its sole discretion).
    12. The Client acknowledges that participation in an Event or a Package may involve a risk of personal injury and damage to, or loss of, property.  Except in the case of negligence or willful default on the part of either EGT, the Event Organiser, the Operator or relevant Suppliers, the Client voluntarily accepts all risk of personal injury and property damage or loss arising from participation in the Event or relevant Package, and hereby agrees that it and all of its dependents, heirs, executors, assigns, guests and invitees will indemnify EGT 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 or Package.
  7. CLIENT'S OBLIGATIONS
    1. The Client agrees to (as applicable):
    2. Pay all monies due and owing as specified by EGT;
    3. 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 EGT.  Such interest shall compound monthly at such a rate after as well as before any judgment;
    4. Pay to EGT any costs or expenses incurred by EGT in recovering sums owed hereunder and any damages for non-performance hereof including legal costs on a full indemnity basis;
    5. Be responsible for the reasonable dress standard, good behaviour, and full compliance with all provisions under these Terms of Use by all persons attending an Event or partaking in any other part of a Package as its guest or invitee;
    6. Exercise host responsibility in respect of the amount of alcohol consumed at Events or whilst partaking in any other part of a Package, age of invitees and the dangers of drinking and driving;
    7. Use the facilities or property provided by EGT, its Suppliers, the Event Organisers or Operators as part of a Package for the purpose intended, and indemnify EGT in respect of any damage caused by it or its invitees' wilful, negligent, or inadvertent act;
    8. Not bring any food or alcoholic beverages to any Event and further agree that alcoholic beverages may only be consumed as directed by EGT or the principals, officers or administration personnel of any Venue;
    9. Comply with any smoking restrictions that are from time to time imposed by Operators, Event Organisers or Suppliers for any part of a Package;
    10. Comply with the terms and conditions of the Suppliers, Event Organisers or Operators for any part of a Package and any instruction given by them; and
    11. Comply with all laws, rules and regulations of the Venue owners and all local and statutory authorities.
  8. ENJOYMENT OF OTHERS
    1. EGT, the Event Organisers and the Operators retain the right to require any person to leave the Venue or Event if that person:
    2. Engages in conduct which unreasonably interferes with other persons enjoyment of the Event;
    3. Interferes with either EGT, the Event Organiser or the Operators' ability to provide hospitality and/or conduct the Event;
    4. Breaches any laws, by-laws, orders, rules or regulations applicable to the Venue or the Event; or
    5. Is not observing their obligations hereunder.
    6. 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.
  9. EGT's RESPONSIBILITIES
    1. EGT shall use all reasonable skill and care to organise and provide the Services to the Client as detailed in the relevant Booking Confirmation.
    2. EGT reserves its right to substitute the form of hospitality offered for similar products of a similar standard.  Notice will be provided where possible, but EGT is in no way obliged to give such notice.
    3. PRICE AND PAYMENT
    4. All quotes are given in good faith and to the best of EGTs knowledge and are true and accurate as at the time at which they are given.  EGT reserves the right to pass on to the Client any cost increases that are incurred in relation to the relevant Booking.
    5. 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.
    6. All prices are quoted in terms of NZ$ unless otherwise specified.
    7. In consideration of the Services provided by EGT to the Client, EGT shall charge the Client a commission/ Booking fee/Service Fee as detailed in the Booking Confirmations and invoices from time to time.
    8. Where a Client does not have a currently valid credit account with EGT, all accounts rendered by EGT to the Client will be paid within seven (7) days of the issue of the relevant invoice by EGT (or such other period as advised in writing by EGT).
    9. In the event that payment is not made by its relevant due date then the Client is in material breach of these Terms of Use and EGT may take any action that it deems fit pursuant to these Terms of Use or any other rights it may have at law and the Client agrees to pay EGT interest in accordance with clause 7.1(b).  EGT may also remove any price discounts provided at the time of invoicing should payment not be forthcoming in the time frame specified on the invoice.
    10. All payments made by the Client to EGT shall be in cleared and immediately available funds, without set-off, counter-claim, deduction or withholding, except as is permitted by law.
  10. CANCELLATION AND LIABILITY
    1. Without limiting EGT's right to claim payment hereunder for any loss or damage arising as a result of any cancellation hereof, if the Client cancels its request for Services, its Booking or a Package the Client shall forfeit any and all monies that have paid to EGT in relation to the Services already provided at that date.
    2. Notwithstanding clause 3.6 and without limiting any other provision hereof, EGT has no liability to make any refund to the Client whatsoever, if for any reasons outside the control of EGT, a Package (or part thereof) is partly or wholly cancelled for any reason including (but not limited to) bad weather, injury or intervening event.  EGT recommends that the Client consider obtaining appropriate travel insurance.
    3. Without limiting any other provision hereof, in the circumstances where EGT is acting purely as a sales agent for a Supplier, Event Organiser or Operator, EGT has no liability to make any refund to the Client whatsoever, except in the case of negligence or willful default on the part of EGT.  The Client's claim is to rest with their travel insurance provider or the relevant Supplier, Event Organiser or Operator.
    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.
    5. If the Client is in business or holds itself out as acquiring Services or Packages from EGT 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 EGT and that the provisions of that Act do not apply to the Client.
    6. Either party may cancel a Booking with immediate effect if:
    7. A party is in material breach of any provision of these Terms of Use and that breach is unable to be remedied;
    8. Where a material breach has occurred that is capable of remedy but is not remedied within fourteen (14) days of notice; or
    9. Any party becomes subject to insolvency or any official is appointed in respect of that party's assets.
  11. DISCLAIMERS AND INDEMNITY
    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.
    2. Except in the case of negligence or willful default on the part of EGT, to the full extent permitted by law the Client hereby waives and releases EGT from, and indemnifies and holds EGT harmless from any and all liability in respect of:
    3. 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 a Package or the Services 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
    4. Any goods or services that were provided by a third party and/or any goods and services which are additional to the Services described in the Booking.
    5. Except in the case of negligence or willful default on the part of EGT, to the full extent permitted by law EGT's absolute liability, whether for breach of these terms 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 Services or Package provided is limited to the purchase price paid for the Services or Package.  To any extent limited by law EGT 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 Services or Package.
    6. These Terms of Use constitute the sole and exclusive agreement between the Client and EGT. The Client acknowledges that no other warranties, representations, written or verbal, have been made that are not reflected herein.
  12. GUARANTEE
    1. In consideration of EGT supplying Services to the Client at the request of the Guarantor, the Guarantor hereby unconditionally guarantees the due and punctual payment upon demand to EGT of any and all moneys at any time owing to EGT by the Client in relation to the supply of Services in accordance with these Terms of Use and agrees to be liable for the same on a principal debtor basis.
    2. Where the Guarantor consists of more than one guarantor their liability under this guarantee shall be joint and several.
  13. FORCE MAJURE
    1. EGT, the Event Organiser or Operator may cancel, interrupt or stop the Event due to circumstances beyond its control.
    2. EGT shall not be liable to the Client or any third party for its inability to perform any obligations under these Terms of Use caused by such an event.
    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.
    4. EGT 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 EGT's reasonable control.
  14. MISCELLANEOUS
    1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of New Zealand.
    2. These Terms of Use may be amended whether in whole or in part.  These amendments will be effective immediately after publication on EGT's website or otherwise delivered to the Client.  All amendments or variation of these Terms of Use are only permitted if agreed to in writing by EGT.
    3. EGT may assign its rights under these Terms of Use and under any agreement formed with the Client and may sub-contract all or any part of its rights and obligations, in each case without the Client's consent.
    4. If any provision of these Terms of Use shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    5. These Terms of Use shall be read subject to the provisions of the Major Events Management Act 2007 where applicable.