Tauranga Art Gallery Terms & Conditions
Our Commitment to Each Other
Welcome to the Tauranga Art Gallery System. Hate fine print? So do we. Here are our promises and expectations at a glance, then the legal documents to back it up. Please read the legalities carefully before using this Site. By using this Site you signify that you have read and agreed to it:
Our Promises
- We will not pass your details on to anyone without your permission. Check out our privacy policy for full details.
- You can cancel your connection to the system at any time following the opt-out link.
Your Promises
- You must be 18 years or older to book tickets using this Site.
- If you use this Site for any purpose you agree to the terms of use of the Site.
- If you buy or sell a ticket on this Site you also agree to the terms of sale.
Terms of Use
The booking system is an online service provided by Tauranga Art Gallery, also known as "The Site Owner." It is accessed through the website www.artgallery.org.nz. This is also known as "the Site", "the Events System" and "the System". Please read these terms and conditions carefully. By using the Site you are a "Site User" and agree to these terms of use. Site Users include people who manage events, book event tickets, view the Site or use it in any way. If you choose not to be bound by the terms and conditions, you must not use this Site.
The Site Owner's Terms of Sale
The Tauranga Art Gallery booking system is an online service provided by Tauranga Art Gallery on the website www.bookingrooster.co.nz This is also known as "the Site". Please read these terms and conditions carefully. By buying a ticket to an event on the Site you are agreeing to these terms and conditions. If you choose not to be bound by the terms and conditions, you must not use this Site. If you purchase a ticket on the System you agree to the Site Owner's terms of sale.
General Terms and Conditions
Tickets sold through this Site are sold by and subject to the following terms and conditions and to any other conditions listed on the ticket. The tickets are sold subject to the following terms and conditions:
- Please check the event time, date and location before your book. Tickets cannot be exchanged for other dates, times or events.
- You must comply with any special terms and conditions listed by the Event Organiser on the Event Registration Form. If you do not meet these criteria or comply with these terms and conditions you may not be admitted to the event and your ticket will not be refundable.
- Your sale is not complete until the event takes place. If the event is cancelled for any reason your funds will be available to you for refund, less the booking fee and the payment processing fee if the purchase was made via credit card.
- Any and all details shown on your Event Registration Form can and will be passed onto the Event Organiser who may or may not be an Employee of Tauranga Art Gallery. No personal details will be provided to any other party. No credit card details will be passed onto any third party.
Policies
The Site Owner has strict policies to protect its users. If you use the Site to book tickets or to assist in any way with running an event for, or in association with this site, you are agreeing to comply with these policies. You may not use this site to book for or run events that are not directly associated with Tauranga Art Gallery. Please read the policies carefully before you use this Site:
Termination
The Site Owner may, at its sole discretion, terminate this agreement or restrict your access to the Site without advance notice or liability, for any reason, including your failure to comply with the terms of use of the Site. If your account is terminated you must stop using the Site. In the event of termination for non-compliance with these terms, all rights granted to you will terminate and you will still be liable for any fees and charges that you have committed to during your use of the Site, including but not limited to booking fees.
Availability
The Site Owner uses reasonable commercial efforts to keep the Site available 24/7. Exceptions are scheduled maintenance, unscheduled maintenance and system outages. We cannot promise that the Site will always be available and assumes no liability or responsibility for any interruption or its consequences. Book early to avoid being disappointed.
Content
The information on the event pages is provided in good faith and The Site Owner takes all reasonable care to keep the information on the site accurate. The Site Owner assumes no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness and usefulness of all content available through the Site or from a linked Site. You should not assume any booking on this Site is
complete until you receive a confirmation email from The Site Owner.
Credit Card Transactions
If you are the cardholder and you dispute any charge on your credit or debit card related to any event, class, service or product booked through this Site you agree to notify The Site Owner within 24 hours of the scheduled event start time. You agree that The Site Owner will have authority to collect amounts owed made through this Site, from your bank/credit card company or through courts/collection agencies if unsuccessful in processing transaction.
Transactions
Our store operates in Tauranga, New Zealand, and all transactions are processed in New Zealand Dollars (NZD) and include GST (sales tax) of 15%, with the exception of donations.
Tax benefits for charitable giving
The tax system encourages charitable giving by offering tax benefits for both individual and corporate giving.
Individual charitable donations – including those made through payroll giving – are eligible for tax credits. Corporate donations are eligible for tax deductions. In both cases, the donations must be made to an approved donee.
Individual donations
Individuals can claim a 33.33% tax credit for all donations over $5 they make to an approved donee. A tax credit reduces the amount of tax you have to pay.
The total tax credits an individual can claim is capped at one third of their total taxable annual income.
Most approved donees are registered as charities by Charities Services. Some overseas aid organisations are also approved as donees. You can check the donee status of an organisation in the IRD website.
To claim your tax credit you need to complete an IR526 and send it to the Inland Revenue Department with your donation receipt within four years of making the donation.
You cannot claim credits for donations that exceed your total annual taxable income. Find out more.
Payroll giving
Donations made through Payroll Giving are also eligible for tax credits of 33.33%. You do not need to claim these credits yourself – your employer will do this for you. Find out more.
Corporation giving
Companies can claim tax deductions for all donations made to an approved donee providing their claim does not exceed their total annual net income.
A tax deduction is a reduction in the amount of taxable income. Companies can claim this deduction using the IR4 form.
Most approved donees are registered as charities by Charities Services. Some overseas aid organisations are also approved as donees. You can check the donee status of an organisation in the IRD website. Find out more
Sponsorship
Businesses may be eligible for a tax deduction on sponsorship providing they can show that the sponsorship is likely to increase their taxable income. This could be through things such as naming rights, increased recognition or advertising.
A business does not have to sponsor a registered charity or donee organisation in order to be eligible for a tax deduction.
Default
If any Event of Default occurs,
- The Seller may suspend or terminate these Terms;
- Any Amount Owing will immediately become due and payable notwithstanding that the due date has not arisen; and/or
- To the extent permitted by law, each security interest created by these Terms will become immediately enforceable and the Buyer must return the Goods to the Seller promptly on request or the Seller may take possession of and Sell the Goods and the Seller has all the rights of a natural person in relation to the Goods and all other rights conferred by law (including under Part 9 of the PPSA) in relation to the Goods; and
- The Seller shall not be liable for any loss or damage that results from the exercise, attempted exercise or non-exercise by the Seller of its rights under these Terms or conferred by law.
Intellectual Property
The information contained within this Site including graphics and logos are the copyright of The Site Owner. All programming scripts are copyright of The Booking Rooster who developed The Site. All trademarks on this Site are primarily the intellectual property of The Site Owner. Any other trademarks on this Site are trademarks of their respective owner. Nothing contained on this Site should be construed as granting any license or right of use of any trademark or copyright displayed on the Site without the express written consent of The Site Owner, or the third party owner of Intellectual Property.
Links
The Site Owner provides links to other sites. When you click on these links you are leaving our Site and entering another site. These linked sites are not under the control of The Site Owner, and The Site Owner is not responsible for the contents of any linked site. Doing so is entirely at your own risk. You should read the terms and conditions of these sites before using these sites. You may create links from your own website to this Site through a plain text link or through The Site Owner's branded link, provided that you:
- discontinue the link if requested by The Site Owner,
- do not imply in any way that The Site Owner is endorsing your products, services, organisation or anything affiliated with you,
- represent The Site Owner fairly and accurately,
- acknowledge all copyright and only use a plain text link or the branded link provided.
The Site Owner reserves the right to require you to remove links to the Site at its sole discretion.
Exclusion of warranty
The Site Owner makes no warranty of any kind regarding this Site and/or any materials provided on this Site, all of which are on an "as is" and "as available" basis. The Site Owner, Event Organisers and advertisers on this Site do not warrant the accuracy, completeness, currency or reliability of any of the content of the data found on this Site and expressly disclaim all warranties and conditions of any kind.
Limitation of Liability
The Site Owner will not be held liable for the following events or their consequences:
- any technical difficulties, malfunction, failure or delay (including, but not limited to the use of or inability to use any component of this Site for reservations or ticketing),
- the performance or non-performance by The Site Owner or any third party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party; and/or
- failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record.
The Site Owner may at his sole discretion terminate or restrict your access to any component of this Site, at any time without liability.
Indemnity
You shall defend and indemnify The Site Owner and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein in any action filed or commenced by any third party against The Site Owner as a result of
- your breach of these Terms or the policies made part of these Terms by reference,
- your violation of any law or the rights of a third party
- your use of our Site.
General
If any of our terms are held to be unenforceable, it is agreed that the remainder of the terms will remain in full force and effect. This agreement is governed by the laws of New Zealand, and you irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.
The Site Owner's Terms, Privacy and Online Terms Policy
The Site Owner's terms of use, privacy policy and cancellations and refunds policy are incorporated into these terms of sale and apply to sales through this Site. Users of the Site should also read the Terms and Conditions before using this Site.
The Site Owner's Privacy Policy
The Site Owner values his privacy and understands that you value yours. If you use the Site to book events or as an organiser of an event you are bound by this privacy policy.
Your personal "My Event" page
Your "My Events" page is private. No one else can see the invitations you have received, what you’ve accepted and what you have rejected – unless you tell them, give them your Site password or click to share the event. The organiser of an event can see the contact details you choose to share with them via the "my connections" page.
Who do we share your personal information with?
We will not share the information that we collect with any third parties, except as required to administer the specific event you have registered for. You can choose which details you share at the time you register, and amend them at any time on your "My Connections" page. Everyone The Site Owner has contact with or collaborates with in running events agrees to keep that information private, but The Site Owner cannot guarantee they will comply. The information may be hosted with a service provider. Our agreements with them protects the information submitted from any unauthorised use.
How do we use the information?
When you register, complete a form or participate in any contest or promotion on the Site. The Site Owner may from time to time offer service bulletins, special deals for and other promotions. We may also use the data to check your identity if you need help with a forgotten password, or you are having difficulties with any of our Site services.
From time to time we may aggregate your information, analyse trends, preferences, and demographics. We may use the aggregated information for other purposes with your prior permission.
How do we use "cookies"?
"Cookies" are small pieces of information stored by your browser on your computer's hard drive. Cookies do not contain personally identifying information. They do provide details of your IP address, the computer platform that you use (eg Mac or Windows), the browser that you use (eg Microsoft Explorer or Netscape) and what domain you are accessing our Site from. With this information we can do the following:
- Track traffic patterns to our Site.
- Ensure that the most relevant content is being shown.
- Allow you to enter certain Site services without having to log in each time you visit.
Most web browsers are set up to accept cookies; you can usually change your browser settings to refuse cookies. You will still be able to visit our Sites with cookies disabled.
Opting in and opting out
You will always have the option to opt in to certain services and to opt out of those services at any stage. This means you may change your mind at any stage about participating in any of our member services.
Can we change this policy?
In order to reflect the fact that our business is growing constantly, we reserve the right to change this policy at any time.
Your right to access your information
The Privacy Act 1993 gives you the right to access and correct this information. You can do so at any time on your "my profile" page. You can also see your event attendance history on your "My Events" page.
Contact Us
If you have any questions about this privacy statement, the practices of this Site, or your dealings Tauranga Art Gallery or people running events on its behalf, you can contact us at +64 7 578 7933.
The Site Owner takes privacy responsibilities very seriously. We adhere to the provisions of the Privacy Act 1993. You can find out more about how this protects your personal information by visiting the website of the Privacy Commission at http://www.privacy.org.nz.
The Site Owner's Event Cancellation Policy
If an event is cancelled after the tickets are bought and paid for, or the event is not of the standard the ticket buyer could have reasonably expected, the ticket buyer may be entitled to be refunded for their ticket purchase under the Consumer Guarantees Act 1993.
Ticket buyer’s complaint process
If you buy a ticket and you feel there you might have a legal right to receive a refund from the ticket seller you must make a complaint directly to Tauranga Art Gallery by clicking the urgent help link within 24 hours of the event's scheduled start time.
At the end of that 24 hour period The Site Owner will not guarantee to be able to help you with refunds in any way. The Site Owner will be deemed to have fully discharged all legal responsibility it might ever have had, toward the ticket buyer and the ticket seller in respect of that event.
All complaints must be made by clicking the "bone to pick" link from your "My Connections" page. The Site Owner will return an acknowledgement of the complaint within fifteen minutes of its receipt. If that acknowledgement is not received, please re-submit the complaint and call The Site Owner on +64 7 578 7933.
Complaints are only considered by The Site Owner once they have been acknowledged. The Site Owner can’t be held responsible for failure in email, internet, fax, telephone, courier, postal service, telegraph and the likes. If you do not receive an acknowledgement email, call +64 7 578 7933 urgently. Do not give up calling until you have talked to someone and received your written complaint acknowledgement.
Contact Us
If you have any questions about this cancellations and refund policy, the practices of this Site, or your dealings with Tauranga Art Gallery, you can contact us at +64 7 578 7933.
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