Terms and Conditions

OVERVIEW
This website is operated by Jerald Yutaka Chan. Throughout the site, the terms “we”, “us” and “our” refer to Jerald Yutaka Chan. Jerald Yutaka Chan offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms and Conditions carefully before accessing or using our website. By attending any events listed on this website, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current website shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - REPRESENTATION AND WARRANTIES

  1. You represent and warrant:

    1. you have the legal capacity and authority to enter into a contract on these Terms;

    2. you are at least 13 years old; and

    3. if you are under 18 years of age, your parent/guardian will also register for an event and accompany you to events.

SECTION 2 - PRIVACY AND CONSENT

  1. We collect personal information when you register for an event on this website. We will not disclose your information to third parties. You must provide this information to participate in Events.

  2. You consent to us using your details, including your email address, to contact you regarding Events and other related administrative purposes.

  3. You consent to us using your likeness, image and/or voice (such as photographs or video recordings) for the purpose of promoting future events in any form or media, including online media such as our official Facebook/Instagram page and website. Please notify the Host if you do not wish to be photographed or filmed. You agree that you do not own any intellectual property in this content.

SECTION 3 - EVENTS

  1. We reserve the right to reject an event registration where it is reasonably necessary to protect its legitimate interests.

  2. Some events may require a degree of physical fitness. You are responsible for ensuring you are suitably dressed and physically capable to participate. By attending an event, you are confirming that you are not under the effect of any medication or medical condition that will prevent you from safely participating.  If you are unsure of whether you can safely participate, please discuss with your Host ahead of time.

  3. Some events may require you to sign a waiver or other legal form.  By purchasing a ticket to such an event, you and any guests you purchase tickets for, agree to sign such documents as required by the Host, including but not limited to legal release and indemnity form.

  4. We reserve the right to decline or remove any participant from an event where it is reasonably necessary to protect its legitimate interests, including if their conduct is deemed to pose a risk or nuisance to others. The Host is empowered to act as proxy for such removal.

  5. Any costs you incur such as parking, internet fees, etc., that are not explicitly included in the cost of the Event as described, are at your own expense and not the responsibility of the Host.

  6. If an event cannot proceed due to events outside of our control, then subject at all times to your rights under the New Zealand Consumer Law, we may need to alter or cancel the event.  In such cases, we will use reasonable endeavours to make contact with you prior to the commencement of the event and provide suitable substitutions or compensation.  Under the New Zealand Consumer Law, if an event is cancelled, or has a major change (for example the date changes or the location changes to one much further away) you are entitled to a refund.

  7. Unless the Host specifies otherwise, event tickets purchased through this website for single-day events are valid for anyone who holds the confirmation email. Once the event ticket has been used, it cannot be used again.

  8. Event tickets purchased for multi-day events are non-transferable and must be purchased by the person or persons attending.

SECTION 4 - SHARING YOUR CONTENT

  1. We allow you to post photographs taken from your attendance at an event The following clauses apply to photos posted by you:

    1. We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (“Shared Content”) that you post online. 

    2. you represent and warrant that: (1) you own the shared content or otherwise have the right to grant the licence; (2) posting and use of the shared content does not violate the intellectual property rights (including copyright), privacy rights, publicity rights, contractual rights or any other rights of any person;

    3. the posting of the shared content does not result in a breach of contract between you and a third party;

    4. you agree to pay for monies owing to any person arising from the posting of the shared content, including but not limited to any royalties or fees; and    

    5. We reserve the right to remove any shared content that (1) is in breach of, or we reasonably suspect is in breach of, these Terms and Conditions; and/or (2) We reasonably suspect will bring us into disrepute.

SECTION 5 - GENERAL

  1. We reserve the right to change these Terms at any time where it is reasonably necessary to protect its legitimate interests.

  2. Nothing in these Terms limits excludes or modifies or purports to limit, exclude or modify, the statutory consumer guarantees as provided under the Competition and Consumer Act. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, we are not responsible for and excludes all liability (including negligence) for any personal injury or any loss or damage (including loss of opportunity) - whether direct, indirect, special or consequential - arising in any way out of the promotion, including (without limitation): (a) any technical difficulties or equipment malfunction (whether or not under our control); (b) any theft, unauthorised access or third party interference.

  3. These Terms are governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand and any courts that may hear appeals from those courts about any proceedings in connection with the event or these terms.


SECTION 6 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with New Zealand’s law.

SECTION 7 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 8 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Jeraldyutakachannz@gmail.com.

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