Fieldays Online Terms & Conditions
1.1 The following terms and conditions apply to the use of the Fieldays Online Website whether as a registered User or otherwise. In registering as a User, by using the Website or expressly agreeing to these terms and conditions, You agree to be bound by, these terms and conditions.
2.1 In these terms and conditions the following definitions apply:
- Communication Facility means any communication facility on the Website which allows You to communicate in real-time with Us, other Users or Exhibitors, as well as publically available forums, notice and message board services (if any).
- Exhibitor means a person or entity that has purchased or been granted the right to operate an Exhibitor Site from or by Us.
- Exhibitor Site means a website operated by an Exhibitor that advertises goods or services, that is integrated as part of the Website, but excludes any website that You can access via a link on the Website.
- Fieldays Online means the event to be held on the Website from 13 to 26 July 2020.
- Force Majeure Event means a fire, flood, tsunami, storm, tempest, earthquake or other act of God, nature, contamination, war or government, any civil disturbance, or any labour disruption, or any cause reasonably beyond Our control, to the extent that such event makes it impossible or illegal to perform, or prevents compliance with, these Terms and Conditions.
- Personal Information means information about an identifiable individual.
- Restricted Areas means any area of the Website that is intended to be accessible only to Users 18 years old and over.
- Services means any services provided by Us to You, including, but not limited to making the Website available for You to view.
- Us, Our, We means the New Zealand National Fieldays Society Incorporated.
- Terms and Conditions means these terms and conditions, which are available at https://www.fieldaysonline.co.nz
- User means an individual, business, or legal entity who has registered as a user of the Website.
- You, Your means the user of the Website.
- Website means the Fieldays Online website located at https://www.fieldaysonline.co.nz including Exhibitor Sites.
3. THE SERVICES
3.1 Venue provided: The Website is a venue for Exhibitors to promote and sell their goods and/or services during Fieldays Online.
3.3 Limited Access: In order to access Restricted Areas a User must be 18 years of age or older. In registering to access the Website You agree that You have provided true and correct information by confirming that You are 18 years of age or older. Any User who registers and confirms that they are under the age of 18 will not be provided access to Restricted Areas by Us.
3.4 Termination of access: Access to the Website may be terminated or suspended at any time by Us without notice.
3.5 Scope of Services: You agree and acknowledge that:
3.5.1 The Website is an online platform for the connection of Users and Exhibitors. We are not a party to any transaction made or undertaken between a User and Exhibitor.
3.5.2 Interactions between You and an Exhibitor are at Your own risk. We shall have no liability or responsibility whatsoever for any non-performance of an Exhibitor or other Users, or any failure to act by any Exhibitor or User, or any good or service advertised or sold via the Website.
3.5.3 We are not in any way an agent or representative of any User or Exhibitor.
3.6 No representations or warranties: We make no representations and provide no warranties whether express or implied:
3.6.1 As to the information, content, goods and/or services advertised and provided on an Exhibitor Site, including without limitation the quality or nature of any goods or service advertised and sold by an Exhibitor.
3.6.2 That the information provided on the Website, Exhibitor Site or any linked website, is suitable for any particular purpose.
3.6.3 As to the information, content, goods and/or services included on any website that You can access via a link on the Website
3.6.4 As to the results, outcomes or performance to be achieved or expected from the goods and/or services being advertised or sold by an Exhibitor.
3.6.5 That the information contained on the Website is reliable, accurate, complete or otherwise error-free.
3.6.6 That You will have continuous, uninterrupted, timely or secure access to, and use of the Website, or that the Website will be available at all times during Fieldays Online.
3.6.7 That the Website will be free from any malfunctions, defects, bugs, errors or other failures.
3.6.8 That the Website, Exhibitor Site or any linked website, is free of viruses, malicious computer code or other interference.
3.6.9 As to any interference or damage to Your computer system which arises in connection with Your use of the Website, Exhibitor Site or any linked website.
4. USER CONDUCT
4.1 Your obligations: In using the Website, You acknowledge and agree that You shall not:
(a) use the Website to post, send or transmit, or cause to be posted or transmitted, any unlawful (whether constituting a criminal offence, giving rise to civil liability or otherwise in breach of any applicable law), threatening, abusive, defamatory, obscene, infringing, vulgar, pornographic, profane or indecent information or material of any kind, or encourage or incite such conduct;
(b) use the Website to post, send or transmit any information or material of any kind that breaches the rights of any other person, including without limitation privacy or intellectual property rights (whether copyright, trade mark, patent, design, or otherwise);
(c) use the Website to post, send or transmit any material of any kind which contains a virus or other harmful or malicious component;
(d) use the Website to post, send or transmit any material of or for a commercial purpose or which contains any promotional material or advertising without our prior written consent;
(e) enter any Restricted Areas if You are under the age of 18 years old; and
(f) attempt, do or allow anything to be attempted or done which may disable, damage, provide unauthorised access to or otherwise interfere with the proper functioning of the Website.
4.2 Our rights: In the event that we consider that You have breached, or are likely to breach, Your obligations under these Terms and Conditions, notwithstanding any other right or remedy available to Us, We may, in our sole discretion:
(a) limit Your activities on the Website;
(b) suspend or terminate Your access to the Website;
(c) issue warnings, which may be public, to other Users and Exhibitors in respect of Your actions;
(d) refuse You entry to any further events whether online or in person operated by the New Zealand National Fieldays Society; and
(e) if appropriate, report Your conduct to the relevant authorities.
5. USE OF WEBSITE:
5.1 Acknowledgement: In using the Website, You acknowledge and agree that the:
(a) use of information and materials on the Website is at Your own risk;
(b) information contained on the Website is for general information purposes only, and is not tailored to Your specific needs or requirements;
(c) information contained on the Website may contain inaccuracies;
(d) content of the Website is subject to change without notice; and
(e) the Website must not be used by You in breach of any legislation, regulation or used for any unlawful purposes, including but not limited to the introduction of spam, viruses or other harmful items which may interfere with the system or network.
5.2 User generated content: We may allow for Communication Facilities on the Website. We have no obligation to You to review, screen or monitor any Communication Facility, or any other material displayed on the Website by a User, or to edit, delete or refuse to post such content. However, if we become aware of any content on a Communication Facility that is in beach of these Terms and Conditions, we reserve the right to edit, delete or refuse to post such content. You expressly acknowledge and agree that any content which You upload to the Communication Facilities may be able to be viewed by all Users and Exhibitors.
5.3 User protection: You must take Your own precautions to ensure that the process which You use for accessing the Website does not expose You to the risk of viruses, malicious software or other forms of interference which may damage Your computer system.
5.4 Security of Information: We will use reasonable endeavours to protect information You have provided to the Website. However, We do not warrant and cannot guarantee the security of such information. Accordingly, any information that is transmitted to the Website is transmitted at Your own risk.
5.6 Web Beacons: We may use web beacons, also known as clear gif technology, or action tags, assist in delivering the cookie. This technology tells Us how many visitors clicked on key elements (such as links or graphics) on the Website. We do not use this technology to access Your Personal Information. It is a tool We use to compile aggregated statistics about the Website’s usage. We may share this tracking information with third parties.
6.1 Trade Users: If You are using the Website for a business purpose or are in trade (Trade User), then you agree that to the extent permitted by applicable law:
6.1.1 the implied conditions and warranties set out in the Consumer Guarantees Act 1993 are excluded and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 are excluded; and
6.1.2 except as expressly set out in these Terms and Conditions, the Service is provided on an ‘as is’ basis, and all implied terms, conditions and warranties are excluded.
6.2 Consumers: If You are not a Trade User, then You acknowledge that any rights You have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 are not affected by Our limitations of liability set out in this section (Consumer Rights). You may have other rights in addition to Consumer Rights, however such other rights are, to the extent permitted byu applicable law, subject to the limitations of liability set out clause 6.3 (Other Rights).
6.3 Liability for Trade Users and regarding Other Rights: The following limitations and exclusion of liability apply in respect of Trade Users and in respect of any Other Rights You have:
6.3.1 We will not be liable to You whatsoever for any matter that We have excluded liability for within these Terms and Conditions, any indirect loss, consequential loss, loss of profit, loss of bargain, loss of business opportunity or exemplary damages suffered by either party or any other person, loss arising out of or flowing from any pre-contractual misrepresentation, forecast or breach of these Terms and Conditions, whether contemplated by this Agreement or not, and whether actionable in contract, tort (including negligence), equity or otherwise.
6.4 Trade User Indemnity: If You are a Trade User, You agree to indemnify and keep Us and Our personnel indemnified against all loss, damages, costs (including, without limitation, loss of profits) and expenses of any kind, whether direct or indirect, which arise from or in connection with Your breach of these terms and conditions, whether in tort, contract, equity or otherwise.
7. Intellectual property
7.1 Copyright: Copyright in the Website (including text, graphics, photos, logos, icons, sound recordings or video recordings) is owned or licensed by Us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1994 and similar legislation which applies in Your location, and except as expressly authorised by these Terms and Conditions, or in any other written agreement between You and Us, You may not in any form or by any means, without Our prior written permission:
(a) copy any of the Website content, except for the sole purpose of viewing the Website;
(b) adapt, reproduce, store, distribute, print, modify, display, perform, publish, reverse engineer, decompile, segment or create derivative works for any part of this Website; or
(c) use any information, goods or services obtained from any part of the Website for a commercial purpose.
7.2 Trade Marks: Except where otherwise specified, any word or device to which the ® symbol is attached is a registered trade mark, and any word or device to which the TM symbol is attached is an unregistered trade mark. You are not permitted to use any of Our trade marks, trade names, logo’s, devices or by-lines without Our prior written consent, except for the sole purpose of viewing the Website.
7.3 Exhibitor Trademarks: Any use of trade marks or intellectual property owned by an Exhibitor is subject to You obtaining consent from the relevant Exhibitor or trade mark owner.
7.4 Intellectual Property Rights: You agree and acknowledge that We are the owner of all intellectual property rights in Our trade marks, copyright and other intellectual property and the use of any Services provided by Us does not grant You any rights, title or interests to such intellectual property except to the extent necessary for the sole purpose of viewing the Website.
8.1 Termination: We may suspend or terminate Your access to the Website, if You commit a breach of these Terms and Conditions. Termination shall be without prejudice to any other rights or remedies of the parties existing at the time of termination.
8.2 Dispute Resolution: In the event of any dispute between the parties, they shall first seek to resolve such dispute by giving notice in writing to the other and endeavouring to resolve the dispute. If the dispute remains unresolved, the parties shall first seek a resolution through the use of mediation or other informal method of resolution before pursuing resolution through the Courts.
8.3 Governing Law: These Terms and Conditions are governed by and shall be interpreted in accordance with the laws of New Zealand, but on points of patent, trade mark, or copyright law or procedure, will be governed by the law of the country granting the patent or trade mark registration or copyright protection.
8.4 Notices: Every notice given under these Terms and Conditions will be sufficiently given if delivered personally, posted or emailed to the intended recipient at Your last known address or facsimile number or email (with no indication of incomplete transmission).
8.5 Waiver: No waiver of any provision of these Terms and Conditions will serve as a waiver of any other provision of these Terms and Conditions nor as a continuing waiver of such provision and We will not have waived or deemed to have waived any provision of these terms and conditions unless such waiver is in writing and executed by Us.
8.6 Survivorship: Termination of these Terms and Conditions for any reason will not affect such rights and obligations of the parties as are intended to survive the termination.
8.7 Variation: We reserve the right to amend these Terms and Conditions without notice from time to time, with such amendments made available on the Website.
8.8 Severability: Should any part or provision of these Terms and Conditions be held unenforceable or in conflict with any applicable laws or regulations, the invalid or unenforceable part or provision will be replaced with a provision which accomplishes, to such extent as possible, the original purpose of the part or provision in a valid and enforceable manner, and the remainder of these Terms and Conditions will remain binding on the parties.
8.9 Conflict: In the case of a conflict between these Terms and Conditions and the specific terms, the specific terms will prevail.