Terms of Use

Application of terms

These Terms apply to your use of the Website and if you purchase tickets for or attend any Event (either via the Website or in person).  By accessing and using the Website, purchase tickets for or attend any Event via the Website:

• you agree to these Terms; and 
• where your access and use is on behalf of, or you purchase or attend any Event on behalf of, another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

If you do not agree to these Terms, you are not authorised to access and use the Website, or purchase and attend (or attempt to purchase and attend) any Event via the Website, and you must immediately stop doing so.  

If the processing of Data is governed by the GDPR, the additional terms in the Data Processing Addendum attached to these Terms also forms part of these Terms.

If the processing of Data is governed by the CCPA, the additional terms in the CCPA Addendum attached to these Terms also forms part of these Terms.

Changes

We may change these Terms at any time by updating them on the Website.  Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to access and use the Website, or purchasing or attending any Event via the Website, you agree to be bound by the changed Terms. 

We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

These Terms were last updated on 2 September 2021. 

Definitions

In these Terms:

CCPA Addendum means the CCPA addendum attached to these Terms

Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Website

Data Processing Addendum means the data processing addendum attached to these Terms, including its Schedules

Event means any event advertised, purchased, or attended via the Website

CCPA means the California Consumer Privacy Act of 2018 

GDPR means the General Data Protection Regulation of the European Union

including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

personal information means information about an identifiable, living person, and includes personal data, personally identifiable information and equivalent information under applicable privacy and data protection laws

Sales Tax and Duties means goods and services tax, value added tax, sales tax, import duty, import charges, or equivalent tax or charge payable under any applicable law

Terms means these terms and conditions titled Website Terms of Use

Third Party Charges means any fees charged by third parties in relation to your transaction, including any taxes, duties or other liabilities imposed by any governmental agency (including any customs duty), credit card transaction fees and foreign currency conversion fees

Underlying System means any network, system, software, data or material that underlies or is connected to the Website 

We, us or our means Optimal Workshop Limited (1973791) 

Website means https://www.uxnewzealand.com 

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

Your obligations

You must provide true, current and complete information in your dealings with us, and must promptly update that information as required so that the information remains true, current and complete.

You must:

• not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and 
• unless with our agreement, access the Website via standard web browsers only and not by any other method.  Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method

You must obtain our written permission to establish a link to our Website.  If you wish to do so, email your request to sarah.paxton@uxnewzealand.com.

You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms.

Purchasing tickets

When you purchase tickets for any Event via the Website:

• you confirm that:

1. you are aged 18 years or over; and
2. you are bound by these Terms in relation to that purchase.

We reserve the right to cancel any ticket purchase at any time prior to any Event commencement date, for any reason including, without limitation, the impact of COVID-19, the unavailability of any speakers, an error in the ticket price or the description of an Event on the Website, or us not receiving payment in full.  Where we cancel a ticket purchase, we will notify you of the cancellation by email and will refund your payment in accordance with clause 7.3 but will have no other obligations to you in respect of the ticket purchase.

Event

All details and information on our Website in respect of any Event (including but not limited to times, dates, speakers, location) are approximate only and subject to final confirmation.  We are not liable to you or any other person for any failure to meet a stated time for any Event, or where any details and information are incorrect, and any such failure does not affect your obligation to pay for any Event.

If an Event is cancelled for any reason, we will notify you of the cancellation by email and may, in our sole discretion, give you the option to elect any of the following options: 

1. a refund of the ticket price, in which case we will refund your payment in accordance with clause 7.3; or
2. transfer the ticket price as a credit towards the next Event; 
   and any election made by you in writing to us will be final, and we will have no other obligations to you in respect of the cancelled Event.  

If an Event is amended or modified by COVID-19 or any event outside our control, we will notify you of the amendment or modification by email and may, in our sole discretion, give you the option to elect any of the following options:

1. a refund of the ticket price, in which case we will refund your payment in accordance with clause 7.3; or
2. where applicable, transfer your in-person ticket to a virtual ticket, in which case we will refund you any difference between the ticket prices in accordance with clause 7.3,

and any election made by you in writing to us will be final, and we will have no other obligations to you in respect of the amended or modified Event. 

Prices and payment

On purchasing a ticket for any Event via the Website, you must pay: 

1. the ticket price for the applicable Event as stated on the Website;  
2. Sales Tax and Duties on any taxable supplies; and
3. any applicable Third Party Charges.

We accept payment via credit card, or you can request us to email you a tax invoice which contains our nominated bank account details and the payment date. 

We will refund to you an amount that you have paid to us, other than any Third Party Charges, only:

1. where we have received payment from you in relation to a purchase (or part of a purchase) that we do not accept or that we cancel; 
2. where provided for in these Terms; or
3. as required by law. 

We will remit any amounts payable by us to you by crediting the credit card or account from which your payment was made.

We may recover from you all Loss incurred by us as a result of your failure to pay any amount payable by you under these Terms, including any costs of debt recovery.

Intellectual property

We (and our licensors) own all proprietary and intellectual property rights in any Event, the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems (including any enhancement, modification or derivative work of these items). 

You must not, without our prior written consent, copy, modify, alter, reproduce, adapt, translate, digitise, reverse-engineer or make derivative works from the whole or any part of: 

1. any Event, including any speech that forms part of any Event; or
2. the Website or the Underlying Systems.

Subject to the Data Processing Addendum and CCPA Addendum attached to these Terms (as applicable), you grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.

Data

You acknowledge that:

1. we may require access to the Data to exercise our rights and perform our obligations under these Terms; and
2. to the extent that this is necessary, we may authorise a member or members of our personnel to access the Data for this purpose. 

You acknowledge and agree that to the extent Data contains personal information, in collecting, holding and processing that information via our Website, we are acting as your agent, and/or as a service provider and/or as a data processor for the purposes of applicable privacy and data protection laws (including the New Zealand Privacy Act 2020, the GDPR, and the CCPA).  If the GDPR applies, the additional terms in the Data Processing Addendum attached to these Terms also form part of these Terms.  If the CCPA applies, the additional terms in the CCPA Addendum attached to these Terms also form part of these Terms. 

You must obtain all necessary consents and approvals from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms, the Data Processing Addendum (if applicable), and the CCPA Addendum (if applicable).

If we become aware of any accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal information that is part of the Data (Breach Incident), we will:

1. make reasonable efforts to identify the cause of the Breach Incident;
2. comply with all applicable privacy and data protection laws requiring notification of the Breach Incident; 
3. cooperate with you in good faith and provide any assistance reasonably necessary for you to comply with your obligations under applicable privacy and data protection laws with respect to the Breach Incident, including any obligations you have under applicable privacy and data protection laws to report, notify or investigate the Breach Incident; and
4. take the steps we consider necessary and reasonable to remediate the cause of the Breach Incident, to the extent remediation is within our reasonable control.
   

Disclaimers

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

1. any Event being delayed, cancelled or postponed (indefinitely or otherwise) (in whole or in part); 
2. the Website being unavailable (in whole or in part) or performing slowly;
3. any error in, or omission from, any information made available through the Website;
4. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website.  To avoid doubt, you are responsible for ensuring the process by which you access and use the Website, or purchase and attend any Event, protects you from this; and
5. any site linked from the Website.  Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators. 

We make no representation or warranty that any Event, your purchase of any Event, any attendance of any Event, or the Website is appropriate or available for use in all countries or that the content of the Website satisfies the laws of all countries.  You are responsible for ensuring that your purchase and attendance of any Event, and your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

Liability

To the maximum extent permitted by law:

1. you purchase and attend any Event, and access and use the Website at your own risk; and 
2. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, any Event, or your access and use of (or inability to access or use) the Website.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise. 

Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.  To the extent our liability cannot be excluded but can be limited:

1. our liability for claims relating to any Event is limited to the price paid by you for one ticket to that Event; and
2. our liability for all other claims is limited to NZD100. 

To the maximum extent permitted by law and only to the extent clauses 11.1 and 11.2 of these Terms do not apply:

1. our total liability to you in connection with claims relating to any Event must not exceed the price paid by you for one ticket that Event; 
2. our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100; and
3. we are not liable to you for any:
   loss of profit, revenue, savings, business and/or goodwill; or
   consequential, indirect, incidental or special damage or loss of any kind.
   

Suspension and termination

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

General

If we need to contact you, we may do so by email or by posting a notice on the Website.  You agree that this satisfies all legal requirements in relation to written communications. 

These Terms, and any dispute relating to these Terms, any Event, or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand.  Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms, any Event, or the Website.

A reference to you or us includes a reference to that party's executors, administrators, successors and permitted assigns.

For us to waive a right under these Terms, the waiver must be in writing.

Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.4, 8, 9, 10, 11, 13.1, continue in force.

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.

These Terms, together with the Data Processing Agreement (if applicable), the CCPA Addendum (if applicable), set out everything agreed by the parties relating to your use of the Website and purchase and attendance of any Event, and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.  The parties have not relied on any representation, warranty or agreement relating to any Event or the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.