Terms & Conditions
Acceptance of terms
These Terms and Conditions govern all supply of goods and services ("products") provided by The Rotary Club of Downtown Auckland ("RCODA", "we", "our") to a purchaser of goods and services from RCODA, including use of the website at www.battleofthesuits.co.nz ("the website").
The Terms and Conditions take effect from 16 August 2023 and replace any earlier RCODA terms of trade, and any conditions contained, in any document past used and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice. Notice may be given by posting the revised Terms and Conditions on our website.
Purchasers from our online shop must be 18 years of age or over.
Purchases from our online shop may be made only by persons who are acquiring goods or services for their own use or consumption. To be clear, resupply is prohibited.
If purchase is on behalf of another entity such as a company, the purchaser warrants the authorisation to agree to these Terms and Conditions on their behalf.
Availability and supply
All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will notify the non-availability via our online shop as soon as practically possible.
Delivery and delivery charges
Prices for goods and services stated on our website are exclusive of any applicable delivery charges.
We deliver only to New Zealand Street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the online shopping basket order summary.
We will use all reasonable endeavours to ensure that orders for tangible goods are dispatched promptly once an order is placed.
Pricing
All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
An invoice will be emailed to the email address supplied when the order is placed. The purchaser is responsible for ensuring correct contact details are provided.
Payment options
We accept payment via bank deposit and credit card.
Credit Card Security
All payments are processed via Stripe's secure payments system to ensure high levels of payment security and are subject to Stripe's Terms and Conditions.
Shipping and delivery
An email confirmation of tickets purchased will be emailed. This will be the confirmation of the ticket, or the table of 10 booking ordered.
Returns
Battle of the Suits tickets cannot be redeemed against cash, credits, or any other such benefits.
The RCODA has the right to investigate any suspected violation of the Battle of the Suits ticketing Terms and Conditions. In case of any conflicts, the findings of the RCODA will be deemed final. To be clear, the issuer will remain the final arbiter in cases of such dispute.
The 'event service' will be deemed to have been delivered in its entirety as soon as Battle of the Suits begins on 11 May 2023. From that point, refund requests will not be accepted.
If, on 11 May 2023 at 6.00pm, access to any necessary area of the venue (Cordis Hotel) is not possible due to transport interruption, impeded access, organiser policies, weather-related problems, emergencies, venue shutdown/evacuation or any other reason, eligibility for refunds shall not apply.
If Battle of the Suits is cancelled or postponed in its entirety due to any unforeseen circumstances, RCODA has the sole and absolute right to:
i) reschedule the event, or
ii) issue a partial/full refund, or
iii) not issue any refunds.
The decision of the issuer in such cases shall be deemed final and binding.
If Battle of the Suits is cancelled due to any factors or causes not in the control of the issuer, the issuer will offer a partial or full refund, or, postpone the event, or, provide a comparable ' make good' option. These factors will be inclusive of, but not limited to, natural disasters, state, or local Government announcements, strikes, venue issues, and the like. The decision of the RCODA will be considered final.
If Battle of the Suits is rescheduled to another date, eligibility for refunds shall not apply. If the event is cancelled, the refund, if issued, will include only the value of the ticket(s). The bearer cannot, under any circumstances, claim refunds on shipping fees, processing fees, handling fees, and other such charges.
Foreign exchange fluctuation losses incurred at the time of refunds, will be the responsibility of the purchaser.
All ticket sales are deemed as Final Transactions. There will be no ticket returns or exchanges.
By purchasing Battle of the Suits tickets, consent is granted to the RCODA to collect certain information about the purchaser (name, email address, physical address, mobile number ) for verification and storage. The collected data will be stored for the entire period of the operation of the website. Applicable privacy laws shall be upheld.
The purchaser agrees to forego claims on all types of surcharges (full or in part) and all claims and entitlements related to it.
Purchase of Battle of the Suits tickets is made of the purchaser's free will. Accordingly, the purchaser does not have the right to initiate a chargeback claim or dispute with the provider of the credit/debit card used for the transaction.
The RCODA will not be responsible for any personal/financial damages at the venue, or, for any items lost/stolen/misplaced at the venue. To be clear, claims for material or financial replacement/reimbursement will not be considered.
In all cases of disputes between the ticket-bearer and the ticket-issuer, the decision of the ticket-issuer will be deemed final. If a dispute cannot be resolved, independent third-party arbitration will be sought.
Liability Limitation
Where the purchaser acquires goods or services from RCODA on behalf of a business, the provisions of the Consumer Guarantees Act 1993 shall not apply.
The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to ensure complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided.
To the greatest extent permissible by law, we exclude all liability we may have to a purchaser for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement made with RCODA. None of the persons specified above is liable or obligated to make payment for anything else in connection with, or resulting from, anything any of us does or does not do, or delays in doing, whether it is contemplated or authorised by any agreement made with us. This exclusion applies irrespective of the purchaser's claim and any liability that may arise. This exclusion does not limit any inalienable rights applicable under the Consumer Guarantees Act 1993.
Our maximum liability to the purchaser (if any) shall be limited to the value of any faulty products or services supplied by RCODA and we, our employees, contractors, and agents, will not be liable for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply irrespective of the purchaser's location at the time any goods or services are provided and irrespective of the purchaser's residential location.
Use of our website, supply of products or services by us and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with, these terms of trade, or with the use of website or supply of any services.
Where the purchaser or any other person supplies incorrect information for the purchase of a product or service, and we incur cost in any matter concerning that information, then we may recover the costs incurred from the purchaser (including legal costs on a solicitor-client basis).
The purchaser agrees to use our website, products and services in accordance with the applicable laws of the country where they are based.
Privacy policy and Confidentiality
Unless the purchaser opts to receive messages from us we will not make contact again in future. If the purchaser has opted to receive ongoing communications and later no longer wishes to receive these communications, opting out of receiving this information will be possible by contacting us by email or by following the unsubscribe instructions at the bottom of our emails.
Opting out of receiving the afore-mentioned messages will not prevent the sending of messages that specifically relate to the purchaser's order(s).
We may use personal information that we collect about the purchaser to provide products and services and to administer orders and payments relating to purchases made.
The purchaser will need to permit "cookies" to enable some website features. Where cookies are not enabled, some website functions may not be available.
We may disclose the purchaser's personal information as required by law.
Where the purchaser has provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
The purchaser can request details of personal information that we hold at any time and ask that it be corrected if applicable.
General Conditions
We reserve the right to change these Terms and Conditions from time to time by notice, which may be in the form of a notice posted on our website at www.battleofthesuits.co.nz.
If we fail to enforce any terms or to exercise our rights under these Terms and Conditions at any time, we have not waived those rights.
If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these Terms and Conditions.
Unless any provision in this agreement expressly provides otherwise, these Terms and Conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices by sending to an email address that purchasers have provided.