Flicket Terms and Conditions
Updated 08.01.2024 at 2:30pm
Chiefs Rugby Club Limited Partnership (2593642) (“Chiefs”, “we”, “us” or “our”) provides Ticketing services including the sale and distribution of tickets for Chiefs and Chiefs Manawa home games held at FMG Stadium Waikato or other locations in the Waikato, Bay of Plenty, Taranaki and Counties Manukau Regions (“Event(s)”).
Please read these Terms and Conditions carefully before purchasing a ticket to an Event (“Ticket”). By purchasing a Ticket, you agree to be bound by these Terms and Conditions.
You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an Event. You may also wish to consider taking out a relevant insurance policy to cover any losses in the event of cancellation, rescheduling or relocation.
These Terms and Conditions relate both to the sale of Tickets and attendance at Events. These Terms and Conditions apply to both the original purchaser and any subsequent ticketholders (“you” or “your”).
Nothing in these Terms and Conditions is intended to limit your rights under the Consumer Guarantees Act 1993.
We may vary these Terms and Conditions by putting the varied terms on our website. Tickets ordered after the date of the publication of the varied terms will be subject to the variation and the placing of the order shall be deemed to be an acceptance of such varied Terms and Conditions.
1. CURRENCY
1.1 All Ticket prices for Events that occur in New Zealand are stated in New Zealand Dollars.
2. WHO YOU ARE BUYING FROM:
2.1 When you purchase a Ticket for an Event, then the Chiefs will be handling the transaction and collecting payment using Flicket Limited’s software. You acknowledge that the Chiefs are not liable to you for any failure to purchase a Ticket via the Chiefs website.
3. SUPPLY OF TICKETS
3.1 Order Confirmation for online purchases of Tickets: Ticket purchases are not complete or accepted by the Chiefs until payment has been received by the Chiefs and a order number has been issued.
3.2 When purchasing Tickets for an Event, you may be limited to a specified number of Tickets. If you exceed the stated Ticket limit, you may have any or all of your orders and Tickets cancelled without notice by the Chiefs at its discretion. This includes orders associated with the same name, email address, billing address, credit card number or other information. Ticket limits apply to ensure fair access to Tickets for fans, and as a measure to minimise Ticket scalping.
3.3 Errors: While the Chiefs take all reasonable care to ensure that Tickets are correctly priced and only available for sale when intended, sometimes errors may occur. The Chiefs may cancel an order as a result of any such error, although in the case of a pricing error, the Chiefs will endeavour to contact you to give you the option of purchasing the Ticket at the correct price.
4. COLLECTION AND DELIVERY OF TICKETS
4.1 If purchasing online, you must allow adequate time for collection or delivery of Tickets. Methods of collection/and or delivery will be available when choosing your collection/delivery details. Where concessions are applicable, suitable and valid identification must be provided for collection of Tickets and at the Event.
4.2 The Chiefs will only replace lost, stolen, damaged or destroyed Tickets if the authenticity of the Ticket can be verified, including proof of purchase, and if you give reasonable notice before the Event. The Chiefs may charge a reasonable fee for the replacement of Tickets. The Chiefs may not replace Tickets where seating is unallocated.
5. ENTRY TO EVENT AND TICKETS GENERALLY
5.1 Tickets remain the property of the Chiefs at all times. Tickets may not be on-sold, offered for resale at a premium (including via on-line auction or other authorised resale sites), exchanged for fee or reward or other valuable consideration, or otherwise used for commercial purposes (including for advertising and promotional purposes such as prizes, contest, or sweepstakes) without the prior written consent of the Chiefs. In granting such consent, the Chiefs may require additional conditions to any Tickets as it sees fit (including charging an additional fee). The bearer of the Ticket may be refused entry or directed to leave the Event If a Ticket has been dealt with in breach of this clause.
5.2 If you buy, or claim to buy a Ticket for business purposes, the Consumer Guarantees Act 1993 will not apply. This does not change the rest of these terms which remain valid.
5.3 Entry into an Event may be refused if the authenticity or validity is questionable, including because the Ticket has been damaged or defaced in any way, or has not been purchased from the Chiefs or other authorised points of sale.
5.4 Admission to an Event is subject to FMG Stadium Waikato owner’s (“Owner”) terms of entry which can be found on the Owner’s website. In particular, the following form part of the Owner’s terms unless otherwise specified:
(a) you may be denied entry into, or removed from, an Event where the Owner has reasonable grounds to do so, including if you breach these Terms and Conditions or the Owner’s terms, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the Event by others;
(b) you may be required to submit to a search of your person and/or possessions before entering the Event.
5.5. The Chiefs will not be liable to you in any way if you are denied entry to the Venue, or are ejected from the Venue by the Owner, as a result of you breaching the Owner’s terms of entry.
7. CANCELLATION AND REFUNDS
7.1 Except as set out in clause
7.2 Full Refund (less any applicable expenses such as credit charges and transaction fees): If:
(a) the entire Event is cancelled and cannot be rescheduled; or
(b) an error is made and the reserved seat for the ticket is unavailable.
then, subject to clause 7.5, the Chiefs will:
(a) exchange the ticket for a ticket to the next Event; or
(b) subject to a refund request being received by the Chiefs in accordance with clause 7.6, refund the ticket price (less any applicable expenses such as credit card charges).
7.3, If no monetary consideration has been paid for a ticket, no refund or other costs will be payable to the holder of such ticket in the event of cancellation, postponement or change to the Event, or for any reason whatsoever.
7.4 Season Memberships: If either clause 7.2 or 7.3 applies to a ticket and the ticket was purchased via a Chief’s Season Membership, then the following shall apply:
(a) the ticket may be [exchanged] for entry to the next Event; and
(b) in the circumstance that more than half of the Events (in the season to which the Season Membership relates) are cancelled, the Chiefs will refund the Season Member the proportion of the Membership Fee for the Events that have been cancelled less all reasonable costs and expenses including booking fees, credit card fees, courier fees, advertising costs, reward programme costs, stadium charges etc).
7.5 Refund request process: For all Tickets, email Ticketing@chiefs.co.nz with your contact details, and all Ticket transaction information. If you are eligible for a refund, the Chiefs will make the refund payment to the credit card that the Tickets were purchased with. If the credit card you used to purchase has expired, please note this in the email and a Chief’s representative will contact you for new details. If you purchased a Ticket using EFTPOS or cash then please provide bank details so the Chiefs can refund you directly. Please do not provide credit card details in emails. Proof of purchase will be required for any refund or exchange.
7.6 Refund Request timeframes: Subject to consumer legislation, no refunds for Tickets will be given unless a refund request is made to the Chiefs within 2 months from the date that the relevant Event was scheduled.
7.7 Refund timeframes: Timing for refunds may vary with high volumes of requests. The Chiefs will endeavour to provide you with a refund within the following timeframes:
(a) within 10 business days from the date that the Chiefs confirm to you that you are entitled to 100% of the refund; or
(b) within 15 business days from the date that the Chiefs confirm to you that you are entitled to a partial refund.
7.8 No refunds will be available for free matches
8. PRIVACY
8.1 You acknowledge that we will collect, use, share and store Personal Information in accordance with our Privacy Policy available at https://chiefs.flicket.co.nz/privacy-policy and the Privacy Laws.
8.2 You acknowledge and agree you consent to the collection, use, disclosure, storage and processing of your Personal Information in accordance with these Terms and our Privacy Policy.
8.3 If you are providing us with Personal Information about another person, then you must obtain all consents and approvals necessary at law from the relevant individual to enable us to collect, use, disclose, hold and process that information in accordance with these Terms and our Privacy Policy.
8.4 With respect to Personal Information, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the Personal Information that we collect. We will also take reasonable steps to ensure that our third parties whom we disclose your personal information to also take reasonable steps to protect your personal information in accordance with our Privacy Policy and the applicable privacy laws.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Each party will retain ownership of its own Intellectual Property Rights existing at the time these Terms are entered into.
9.2 You acknowledge and agree that all Intellectual Property Rights created or devised by us in connection with the provision of the Tickets, shall be owned by and shall vest in us, as and when created. To the extent that you become the owner of any Intellectual Property Rights arising in connection with the Tickets and our services, you hereby assign and transfer absolutely, and shall procure the assignment of, all rights, title and interest in and to the Intellectual Property to us.
9.3 You shall have no right to use, sell, reproduce, copy, distribute or otherwise dispose of our Intellectual Property Rights, and you must not allow any third party to reproduce our Intellectual Property Rights.
10. LIABILITY AND WARRANTIES
10.1 We will not be in breach of any of our obligations to you under these Terms because of any failure on our part directly or indirectly due to a cause beyond our reasonable control, including a Force Majeure Event.
10.2 To the extent permitted by law, in no event shall the Chiefs be liable to you under or in connection with these Terms and/or the supply of the Tickets (whether in contract, tort or otherwise) for consequential losses or damages, indirect loss or any economic loss or loss or profits.
10.3 To the fullest extent permitted by law, the Chiefs will not be liable for any loss or damage (including indirect or consequential loss or damage) suffered as a result of, or arising from, or in any way connected to the cancellation, postponement or change to the Event (or any part of the Event).
10.4 The Chiefs provides no warranties (express or implied), including any implied warranties of merchantability and fitness for a particular purpose. However, nothing in these terms limits the Chiefs liability for any breach under the Consumer Guarantees Act 1993 or will limit your rights that cannot be limited under New Zealand legislation.
10.5 To the extent that liability is not otherwise limited or excluded, the aggregate liability of the Chiefs to you, in connection with these Terms and Conditions, the supply of any Tickets, or the Event, whether arising under contract, tort (including negligence) statutory duty or otherwise, shall be limited to an amount equivalent the value of the Ticket(s) purchased by you.
11. INDEMNITY
11.1 You agree to indemnify and hold the Chiefs and its affiliates harmless from any loss, liability, claim or demand, including reasonable solicitors fees, made by any third party due to or arising out of your use of our website in breach of these Terms.
12. GENERAL
12.1 The Chiefs make no representation or warranty of any kind in relation to the quality, content, or duration of any Event.
12.2 The Chiefs and other organisers of an Event reserve the right to add, withdraw, substitute any players, performers, or activities associated with the Event.
12.3 You are not guaranteed an uninterrupted and/or uninhibited view of the Event from the provided position.
12.4 You must not assign or transfer all or any part of your rights or obligations under these Terms without our prior written consent. We may assign any rights or obligations without your approval as well as subcontract any obligations to third parties.
12.5 The illegality, invalidity or unenforceability of any provision of these Terms will not affect the legality, validity or enforceability of another provision.
12.6 No waiver of any provision of these Terms will serve as a waiver of any other provision of these Terms and we will not have waived or be deemed to have waived any provision of these Terms unless such waiver is in writing and executed by us.
12.7 Governing law: These Terms is governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these Terms.
12.8 Questions and complaints: Please contact us on 0800 4CHIEFS or Ticketing@chiefs.co.nz if you have any comments, questions or complaints about the services we provide or these Terms.
13. DEFINITIONS
13.1 “Force Majeure Event” means any event or cause beyond the reasonable control of a party, including but not limited to, strike, industrial action, war, sabotage, terrorist activity, national emergency, blockade, pandemic, epidemic or governmental action, inaction or direction (excluding, for the avoidance of doubt, an action, inaction or direction by the Chiefs or you), and act of God.
13.2 “Including” means “including without limitation”.
13.3 “Intellectual Property Rights” means all intellectual property rights including patents, copyright, registered and unregistered designs, trade marks (both registered and unregistered), logos, business and trade names, processes, inventions, and know-how.
13.4 “Personal Information” means any information that can be used to directly or indirectly to identify an individual, and references to “your Personal Information” also includes any Personal Information that you provide to the Chiefs about someone else.
13.5 “Privacy Laws” Privacy Act 2020 and successor legislation.
13.6 “Terms” means these Terms and Conditions.
Flicket Privacy Policy
PRIVACY POLICY
This Privacy Policy was updated on 2 November 2020
Protecting your personal information is important to us. So is following New Zealand’s privacy laws. This Privacy Policy tells you how we will protect your privacy and collect and use your personal information (any reference to “we”, “us” or “our” is to the Chiefs Rugby Club Limited Partnership).
“Personal Information” means any information that can directly or indirectly identify you or another person.
This Privacy Policy applies to anyone who uses our website https://www.chiefs.co.nz/ (Website), buys or uses the products or services that we supply you (Products or Services), or interacts with us.
If you have any questions, you can contact our Privacy Officer at [insert email address].
YOUR RIGHTS
We’ll only use your Personal Information for the reasons that we collected it, and in accordance with this Privacy Policy. If we don’t need your Personal Information anymore for those reasons, then we’ll stop using it.
If you don’t agree with our Privacy Policy or don’t want us to collect your Personal Information, then you shouldn’t use our Website, Services or interact with us. If you change your mind and don’t agree with our Privacy Policy anymore, then you should stop using our Website, Services or interacting with us.
INFORMATION WE COLLECT ABOUT YOU
We may collect the following Personal Information:
• Your name and contact details.
• Your purchase and account history with us.
• Information about your use of our Products or Services.
• Information about the webpages you visit on our Website.
• Information you provide to us when responding to our customer surveys.
Your image (if you are attending an Event).
• Any other information you give us.
Please don’t give us Personal Information about someone else unless you have their permission and they know about this Privacy Policy.
HOW WE COLLECT YOUR INFORMATION
We collect Personal Information:
• From you directly (like when you provide your details to us).
• From you indirectly (like when you use our Services, visit our Website or interact with us on various platforms).
• From third parties (like contractors and agents that we engage to perform services on our behalf, such as to analyse traffic on our Website and social media).
• From places where the information is publicly available.
HOW WE USE AND SHARE YOUR INFORMATION
We use and disclose your Personal information:
• To provide you with our Products or Services, including your purchase of Chiefs rugby game Tickets.
• To respond to your queries regarding the Website, our Products or Services.
• To administer your account with us.
• To bill you and to collect money that you owe us.
• To operate and maintain our Website.
• For our internal record keeping purposes.
• To facilitate the sale or other disposition of our business or assets.
• To comply with our legal obligations.
In connection with your image only, through marketing and promotional activities.
• For any other purposes that you authorise.
HOW WE SAFEGUARD YOUR PERSONAL INFORMATION OUTSIDE NEW ZEALAND
From time to time, we may disclose, and you authorise us to disclose, your Personal Information to an overseas service provider for the above purposes. We make sure that the overseas service provider is:
• a participant in a prescribed binding scheme for international disclosures of personal information; and/or
• is located in a country that provides comparable safeguards to New Zealand’s privacy laws, approved by the Privacy Commissioner.
If not, then we will take reasonable steps to ensure that the overseas service provider is required to protect your Personal Information in a way that, overall, provides comparable safeguards to those required under New Zealand’s privacy laws.
Examples of these steps include a written agreement between us and the overseas service provider or making reasonable enquiries regarding data protection standards of the country in which the overseas service provider is located.
COOKIES
Cookies are small text files placed on your computer, mobile phone, tablet, or other electronic device to store data that can be recalled by a web server in the domain that placed the cookie. This data often consists of a string of numbers and letters that uniquely identifies your device, but it can contain other information as well. Some cookies are placed by third parties acting on our behalf. We may use cookies and similar technologies to store and honour your preferences and settings, enable you to sign-in, provide interest-based advertising, analyse how our Products or Service perform, and fulfil other business functions or operations set out in this Privacy Policy.
To enable some of the features and functionality on our Website, you may need to permit us to place cookies on your device. You can remove or block cookies by using the settings in your browser, but it may affect your ability to use our Website.
THIRD PARTY LINKS
Occasionally, at our discretion, we may include or offer third party products or services when we supply Tickets. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites.
E-COMMUNICATIONS
You consent to receiving information from us about our Products, Services, promotions and competitions via email, text message and social media. If you want us to stop sending you electronic communications, then you can simply unsubscribe at any time by following the instructions included in the electronic communication.
HOW WE PROTECT YOUR PERSONAL INFORMATION
We have reasonable protections in place against unauthorised access, use, modification, disclosure and loss of your Personal Information.
REQUEST ACCESS OR CORRECTION TO YOUR PERSONAL INFORMATION
You’re allowed to see what Personal Information we have about you, and you can ask us to correct it if you think it’s wrong. If there is a legal reason why we can’t let you see it, or if we don’t agree with your correction, then we’ll tell you.
PRIVACY COMPLAINTS
If you think that we haven’t properly protected your privacy, you can tell our Privacy Officer here ([insert privacy officer representative details]) or complain to the New Zealand Privacy Commissioner.
PRIVACY POLICY CHANGES
We may from time to time change our Privacy Policy. These changes may reflect, among other things, changes in laws, our data collection practices, and/or changes to our business, Services or Products. We will post any updated policies on our Website. The updated Privacy Policy will take effect 14 days after the date it is posted.
If you continue to use our Services or continue to visit our Website or interact with us after the updated Privacy Policy comes into effect, then this will indicate that you have agreed to our changes.
If you don’t agree with the changes to the Privacy Policy, then you should immediately stop using our Services and our Website.
We encourage you to review our Privacy Policy periodically for any changes.