Terms of Use

Updated August 2017

Welcome to the Alexandra Park website (Website).  The Website is operated by the Auckland Trotting Club Inc (“ATC”) and its subsidiaries (together “us”, “we” or “our”).  In these Terms, “you” and “your” means the individual accessing and using our Website, or the organisation on whose behalf you do so.

By accessing and using, or continuing to access or use, our Website you agree to the following terms of use (Terms) and to follow and be bound by all applicable laws and regulations governing our Website.  If you do not agree to these Terms, then you must not use our Website.

We reserve the right to update these Terms without any prior notice and it is your responsibility for ensuring that you are familiar with the latest Terms.  We may also change, suspend, discontinue, or restrict access to the Website without notice or liability.  You acknowledge and agree that your use of our Website is at your own risk.

Ticket And Refund Policy

Please review our Ticket and Refund Policy, which will govern your order or purchase of any hospitality package.

Privacy Policy

Please review our Privacy Policy, which will govern the collection, storage, use and disclosure of your Personal Information collected through our Website, via any social media services we use, or any other means where we tell you this Privacy Policy applies.

Information On The Website

Our Website provides information about us and Alexandra Park.  While we have taken care to make sure the information is correct and complete, we do not accept any responsibility for any errors or omissions in it (including in the unlikely event that any third person makes unauthorised changes to the Website, for which we do not accept any responsibility).  We may change or correct any error on the Website, including any errors in any pricing, at any time and all changes will take effect immediately that we make the change.

Any process we provide for the purchase of tickets to an event is made subject to our right to correct an error, including if that results in a change to the pricing.  If the error relates to pricing, and you have already paid the amount stated, and we exercise a right to correct that pricing, you have the right to cancel and receive a refund of the amount you paid.

You are solely responsible for any actions you take in reliance on the content on our Website.

Intellectual Property Rights And Use Of The Website

We (or our licensors) own all intellectual property (including copyrights, trademarks and rights in relation to any logos, design or layout of information) in our Website and the materials that we make available on it.

Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited right to access our Website and the materials we make available on the Website, to view the Website content and to use the functionality for the purposes it is provided.  You may also use, copy, print or download the materials that we make available on the Website in pdf form or which are otherwise provided for you to download.  Any such use of those materials is limited to your personal use, for the purpose for which it is made available and any other purpose stated on the Website where the materials are made available.  You must not use those materials for any commercial purpose.  You must ensure any copyright notice on such materials is retained on any copy.

Except as provided above, are not permitted to copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Website without our prior expressed written permission.

You are not permitted to do or use anything that interferes or, may interfere, with our Website, including introduce any virus, malware or other similar malicious code, use the Website to facilitate illegal ticket sales, modify, frame or reproduce our Website, or create a link to our Website (other than the homepage or where we expressly permit you to do so).

You must provide true, accurate and complete information when using our Website or providing any information to us.

Links To Other Websites

Our Website also includes links to third party websites which we think may be of value to you.  We do not control those websites and are not responsible for the content on those websites.  Such links do not imply any endorsement, approval or recommendation of those websites or their contents, operations, products or operators.  You should read the terms of use applying to those websites before you use them.

Our Liability Is Excluded

To the maximum extent permitted by law, we are not liable or responsible to you or any other person for any direct, indirect or consequential loss, or any exemplary, incidental, special or punitive damages or any loss of profits, revenues or business opportunities that you may suffer or incur as a result of your access or use of the Website or any of the materials we make available or which otherwise arises in connection with 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.  This exclusion does not apply to any contract for services we provide which are governed by separate terms and conditions.

Without limiting the above exclusion, to the maximum extent permitted by law, we will not be liable or responsible to you or any other person for any loss or damage you suffer or incur in connection with:

• the Website being unavailable (in whole or in part) or performing slowly;
• any error in, or omission from, any information made available through the Website;
• any reliance placed on any information made available through the Website by you, or by anyone who may be informed of any of its contents; and
• any exposure to viruses, malware or other malicious code when you access or use the Website.

You are responsible for ensuring the process by which you access and use the Website protects you from viruses, malware or other malicious code.

To the maximum extent permitted by law, we exclude all warranties that may be implied into these Terms by statute 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.

General

If any provision of these Terms are held by any court to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining provisions.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

These Terms are governed by the laws of New Zealand.  It is intended only for access by persons within New Zealand.  If you access the Website from outside New Zealand you agree that the Courts of New Zealand have the exclusive jurisdiction to hear and determine any proceedings brought in relation to these Terms, and your use of the Website.  Access to our Website, from any jurisdiction which deems such access to be illegal, is prohibited.