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THE CHIEFS SUPER RUGBY CLUB TERMS OF USE

THE CHIEFS SUPER RUGBY CLUB provides certain hospitality, travel, accommodation and infrastructure related services in relation to certain sporting and entertainment events. THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB. 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 THE CHIEFS SUPER RUGBY CLUB, 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 THE CHIEFS SUPER RUGBY CLUB to Clients in accordance with clause 3 of these Terms of Use;

"Client" means any person that requests or purchases a Package from THE CHIEFS SUPER RUGBY CLUB;

"Event" means certain sporting and entertainment events for which THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB and/or third parties;

"Terms of Use" means THE CHIEFS SUPER RUGBY CLUB'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          THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB (""Booking Acknowledgement"). The Client must acknowledge the same and confirm in writing to THE CHIEFS SUPER RUGBY CLUB its acceptance of the purchase of the specified Package within seven (7) days of issue by THE CHIEFS SUPER RUGBY CLUB (or within such lesser period as may be advised by THE CHIEFS SUPER RUGBY CLUB). Upon receipt of the Client's written acceptance of the Booking Acknowledgement, THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB.

3.4          The Client acknowledges that payment of all invoices rendered by THE CHIEFS SUPER RUGBY CLUB in respect of an Event must be made in order for a Booking to be honored.

3.5          THE CHIEFS SUPER RUGBY CLUB reserves the right to cancel a Booking should payment of any invoice rendered by THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB 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          THE CHIEFS SUPER RUGBY CLUB reserves the right to cancel a Booking if THE CHIEFS SUPER RUGBY CLUB considers, at its absolute discretion, that there has been insufficient sales of Packages for an Event.  Where possible THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB is acting purely as a sales agent).

4.0 PRIVACY

4.1          THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB, the Client is required to provide certain personal information that is necessary to provide the Package requested. In this regard, the Client authorises THE CHIEFS SUPER RUGBY CLUB to collect, retain and use personal and other information about the Client ("Information"). The Client agrees that THE CHIEFS SUPER RUGBY CLUB 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. THE CHIEFS SUPER RUGBY CLUB does not retain Clients' credit card details for security reasons so they will need to be provided each time a Package is purchased from THE CHIEFS SUPER RUGBY CLUB.

4.3          In accordance with the Privacy Act 1993 the Client irrevocably acknowledges:

(a)           That the Information shall be deemed to be held by THE CHIEFS SUPER RUGBY CLUB, 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 THE CHIEFS SUPER RUGBY CLUB 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          THE CHIEFS SUPER RUGBY CLUB will take all reasonable steps to keep Client information secure and requests that Clients keep their personal information as current as possible so that THE CHIEFS SUPER RUGBY CLUB may continue to improve its service to them.

4.5          Should the Client choose to use the THE CHIEFS SUPER RUGBY CLUB website (www.chiefs.co.nz), THE CHIEFS SUPER RUGBY CLUB may on some occasions store a cookie on the Client's computer. The information stored in the cookie allows THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB's website functionality and services.

5.0 EVENTS

5.1               Tickets or vouchers sold by THE CHIEFS SUPER RUGBY CLUB as part of a Package are sold by THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB disclaims all such liability to its Clients or any related parties.

5.2          THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB or its authorised points of sale.

5.5                          THE CHIEFS SUPER RUGBY CLUB 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          THE CHIEFS SUPER RUGBY CLUB does not warrant or represent that any advertised Event will be held.

5.7          THE CHIEFS SUPER RUGBY CLUB, 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 THE CHIEFS SUPER RUGBY CLUB.

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 THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB 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 caThe Chiefs Super Rugby Cluborised by the Venue owner as a seat that is located behind the 'dripline' of the roof of the Venue.  For the avoidance of doubt, THE CHIEFS SUPER RUGBY CLUB does not guarantee that all seats caThe Chiefs Super Rugby Cluborised 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 THE CHIEFS SUPER RUGBY CLUB;

(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 THE CHIEFS SUPER RUGBY CLUB;

(c)           Pay to THE CHIEFS SUPER RUGBY CLUB any costs or expenses incurred by THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB, the Event Organisers or Operators as part of a Package for the purpose intended, and indemnify THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB 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          THE CHIEFS SUPER RUGBY CLUB, 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 person’s enjoyment of the Event;

(b)           Interferes with either THE CHIEFS SUPER RUGBY CLUB, 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 THE CHIEFS SUPER RUGBY CLUB'S RESPONSIBILITIES

8.1          THE CHIEFS SUPER RUGBY CLUB 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          THE CHIEFS SUPER RUGBY CLUB reserves its right to substitute the form of hospitality offered for similar products of a similar standard.  Notice will be provided where possible, but THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB's knowledge and are true and accurate as at the time at which they are given.  THE CHIEFS SUPER RUGBY CLUB 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          THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB'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 THE CHIEFS SUPER RUGBY CLUB. If the Client cancels within 12 weeks of the Event or the commencement of any season Package, the Client will be liable to THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB. 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, THE CHIEFS SUPER RUGBY CLUB has no liability to make any refund to the Client whatsoever, if for any reasons outside the control of THE CHIEFS SUPER RUGBY CLUB, the Package is partly or wholly cancelled for any reason including bad weather. THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB is not obliged to make any refund.

10.3        Without limiting any other provision hereof, in the circumstances where THE CHIEFS SUPER RUGBY CLUB is acting purely as a sales agent, THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB.

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 THE CHIEFS SUPER RUGBY CLUB from, and indemnifies and holds THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB. 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 THE CHIEFS SUPER RUGBY CLUB'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 THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB'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 THE CHIEFS SUPER RUGBY CLUB.

13.0 FORCE MAJURE

13.1        THE CHIEFS SUPER RUGBY CLUB 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        THE CHIEFS SUPER RUGBY CLUB 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 THE CHIEFS SUPER RUGBY CLUB'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.

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