Terms and Conditions

Website terms and conditions of use

1.APPLICATION OF TERMS

1.1. These terms and conditions (“Website Terms”) apply to your use of our website.  By accessing and/or using our website and related services:

a. you agree to these Website Terms, our Privacy Policy and our Conditions of Sale; and

b. where your access and/or use is on behalf of another person, 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.

1.2. You should review these terms carefully before using our website.  If you do not agree to these terms, you are not authorised to access and/or use our website, and you must immediately stop doing so. 

2.CHANGES

2.1. We may change any of our terms at any time by updating them on our 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/or use our Website, you agree to be bound by the changed terms.

2.2. We may, from time to time and without notice or liability to any person, change, suspend, discontinue, or restrict access to, our website.

2.3. These Website Terms were last updated on Monday 2nd March, 2020.

3.DEFINITIONS

In these Website Terms:

Conditions of Sale has the meaning given to that term under clause 6.1;

Disclaimer means our disclaimer;

Event means a birthday party, catered function or other similar event as promoted by us;

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;

personal information means information about an identifiable, living person;

Privacy Policy means our privacy policy which is available for viewing on our Website;

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

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website;

We, us or our means Game Over Auckland Limited;

website means www.gameoverauckland.co.nz;

Website Terms means these terms and conditions titled Website Terms and Conditions of Use;

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

Venue Conditions of Entry means our conditions of entry to our venue.YOUR

4.OBLIGATIONS

4.1. You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

4.2. If you are given a User ID, you must keep your User ID secure and:

a. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

b. immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to info@gameoverauckland.co.nz.

4.3. You must:

a. 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

b. 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.

4.4. You must obtain our written permission to establish a link to our website.  If you wish to do so, email your request to info@gameoverauckland.co.nz.

4.5. You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Website Terms, including any failure of a person who accesses and uses our website by using your User ID.

5.LINKED SITES

Our website may contain links to websites operated by third parties.  Those links are provided for convenience and may not remian current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsbile for the content on those linked websites and have not control over or rights in those linked websites. Your access and/or use of third party sites is at your own risk.

6.Conditions of Sale

Conditions of Sale

6.1. By using our website, you are agreeing to be bound by these conditions of sale (“Conditions of Sale”), which includes our Disclaimer and our Venue Conditions of Entry.

6.2. Therefore, please read these Conditions of Sale carefully before selecting your purchases. By selecting the “I AGREE” checkbox, you acknowledge that you have read these Conditions of Sale, including our Disclaimer and our Venue Conditions of Entry, and that you understand them and agree to be bound by them. If you are making a purchase on behalf of another person, you agree that you are making the purchase and agreeing to these terms on that person’s behalf and, accordingly that person is bound by these terms.

 6.3. Any decision regarding an exception to these Conditions of Sale may be made solely at our discretion.

Purchases

6.4. You may purchase any of our products described on our website for the price specified on our website (and in the manner that we allow, such as by credit card).

6.5. If you wish to purchase any of our products by telephone, post or by visiting our venue then any such purchase will be governed by these Conditions of Sale, including our Disclaimer and our Venue Conditions of Entry, (but excluding any of our Conditions of Sale that are specific to purchases made using our website only).

6.6. All products purchased must be fully paid prior to admission.

Pricing

6.7. The prices of our products shall be the prices displayed on our website on the date of your purchase (inclusive of goods and services tax).

6.8. All prices displayed on our website are quoted in New Zealand dollars and must be paid in full, except where discounts are offered as detailed on our website.

Gift Cards/Vouchers

6.9. Gift cards/vouchers have no value until activated at the time of purchase. Minimum value of $30 is required. 

6.10. Gift cards/vouchers can only be redeemed by presenting them at our  venue’s front desk. The gift card/voucher is redeemable against any of our available products, except gift cards/vouchers cannot be used to purchase Event tickets.

6.11. The value on the gift card/voucher is  non-refundable and cannot be redeemable for cash. No change will be given on purchases, but balances can be redeemed on future purchases. 

6.12. We are not responsible for lost, stolen or damaged gift cards/vouchers.

6.13. Gift cards/vouchers expire 12 months after date of purchase, unless otherwise stated. To check your balance, the card needs to be scanned at our  venue’s front desk. Additional or other terms and conditions may apply to gift cards/vouchers purchased through third party providers (e.g. Grab One).  Please refer to their terms and conditions.

Cancellation by us

6.14. We reserve the absolute right to cancel or vary any service for any reason including as a result of weather conditions, insufficient reservations, availability of product, track availability or any unforeseen event or circumstance.  The selling agent and/or us accept no responsibility for any loss or additional expenses arising from changes, delays or cancellations of our services and activities.

6.15. If a cancellation of this nature occurs after payment has been taken for the purchase, we will as soon as practicable issue arefund to you.

Refunds

6.16. Refunds are made in accordance with applicable consumer legislation or in the absence of such legislation at our sole discretion.

Events

6.17. The following terms apply to pre-paid Event bookings:

a. full payment must be made 7 days prior to the date of the Event. Payments not received by this time may result in your booking being cancelled by us; and

b. you are liable for and must indemnify us against any third party costs (for example, catering) that we have incurred in relation to your Event.

6.18. If a pre-paid Event booking is not utilised by you without any prior notification to us, then it is deemed to have been used you will remian liable for all unpaid booking fees and expenses.

6.19. Subject to clause 6.16, refunds will not be granted if you change your mind.

7.INTELLECTUAL PROPERTY

We (and/or our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

8.DISCLAIMERS

8.1. 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:

a. our website being unavailable (in whole or in part) or performing slowly;

b. any error in, or omission from, any information made available through our website;

c. 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/or use our website protects you from this; and

d. any site linked from our website.  Any link on our 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.

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

9.LIABILITY

9.1. To the maximum extent permitted by law:

a. you access and/or use our website at your own risk; and

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

9.2. Except to the extent permitted by law, nothing in these Website 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, our liability is limited to NZD100.

9.3. To the maximum extent permitted by law and only to the extent clauses 9.1 and 9.2 of these Website Terms do not apply, our total liability to you under or in connection with these Website Terms, or in connection with our website, or your access and use of (or inability to access or use) our website, must not exceed NZD100.

10.SUSPENSION AND TERMINATION

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

10.2. On suspension or termination, you must immediately cease using our website and must not attempt to gain further access.

11.GENERAL

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

11.2. These Website Terms, and any dispute relating to these Website Terms or our 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 Website Terms or our Website.

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

11.4. Clauses which, by their nature, are intended to survive termination of these Website Terms, including clauses 4.5, 5, 8, 9, 11.1, continue in force.

11.5. If any part or provision of these Website 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 Website Terms.  The remainder of these Website Terms will be binding on you.

11.6. These Website Terms set out everything agreed by the parties relating to your use of our website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Website Terms.  The parties have not relied on any representation, warranty or agreement relating to our Website that is not expressly set out in these Website Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Website Terms.