Terms & Conditions
1 APPLICATION OF TERMS
2.1 We may change these Terms at any time by updating them on the 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 use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on 21/02/18
In these Terms:
Account means the account you are provided when you become a Member of the Website
Basic Membership means a free membership to the Website
Event means an event published on the Website that Members may book and attend
Event Fee means the fees set out on the Website for an Event
Fees means the Event Fee and the Service Fee
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, including legal costs on a solicitor and own client basis
Member means a user of the Website who registers for an Account and may book and attend Events
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, or unlawful in any way
Personal Information means information about an identifiable, living person
Premium Membership means a paid membership to the Website
Service Fee means a non-refundable 10% service fee for Event bookings, as may be amended under clause 12.4
Terms means these terms and conditions titled Date with Eight Terms and Conditions
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 and/or your Account
We, us or our means Date With Eight, operated by The Event Project Limited
Website means the Internet sites at www.datewitheight.co.nz and www.datewitheight.com
You means the person accessing or using the Website
Words in the singular include the plural and vice versa.
A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
4.1 You cannot use the Website or register for an Account if:
a you are under 18 years of age;
b you are married or in a de-facto relationship;
c you have ever been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment; or
d you have previously been banned from the Website or from similar websites and/or services.
4.2 To become a Member of the Website, you must:
a register for an Account;
b have a permanent address in New Zealand;
c provide your full, legal name and contact details;
d provide a legitimate and recent (within the past 6 months) photograph of yourself; and
e if requested by us, provide proof of identification (drivers’ licence or passport) to verify your identity.
4.3 If you have a Basic Membership, you:
a may register for an Account, create a profile and browse Events;
b understand that your limited profile information may be viewed by Members with Premium Memberships;
c may, at any time, upgrade to a Premium Membership; and
d may, at any time, delete your Account.
4.4 If you have a Premium Membership, you:
a may register for an Account, create a profile and browse Events;
b understand that your subscription will be automatically renewed 24 hours before the expiration of the current term of your Premium Membership, unless you terminate your membership subscription prior to this;
c may, at any time, subject to clause 13.2, return to a Basic Membership; and
d may, at any time, subject to clause 13.2, delete your Account.
5.1 You must be a Member to book and attend an Event. You must not book an Event on behalf of another person.
5.2 The Website booking system accepts bookings on a first come, first served basis. Your attendance at an Event will be confirmed once you have paid, and we have received, the Event Fee and Service Fee. If you do not receive a booking confirmation email following payment, it is your responsibility to contact us to check whether or not your booking has been confirmed. We will not be responsible for Loss if you assume that your booking was not confirmed because you failed to receive a confirmation email.
5.3 Event bookings cannot be transferred between Members unless requested by you and agreed to in writing by us.
5.4 You may only book Events where your age is within the specified age range at the time of the Event (not the time of the booking). Bookings by anyone outside of the specified age range will only be accepted at our discretion.
5.5 Members with Premium Memberships may invite other Members to Events that they have themselves booked. A notification will be sent to that other Member notifying them of the invitation and they may then book the Event if there is space available.
5.6 We reserve the right to refuse or cancel any booking.
6.1 If you cancel an Event that you have booked:
a with more than 48 hours’ notice, you will be entitled to a refund of the Event Fee only. Subject to clause 6.2, you may choose to transfer all or a portion of the Event Fee to another Event; or
b with less than 48 hours’ notice, you will forfeit the total amount of the Event Fee and Service Fee paid.
6.2 You may request to transfer an Event booking to another Event, provided that we receive your transfer request more than 48 hours prior to your currently-booked Event. If the new Event is more than the original Event Fee paid, (including the Service Fee) the difference in Event Fee must be paid by you. If the new Event, (including the Service Fee) is less than the original Event Fee paid, the difference in Event Fee will be refunded by us, excluding the Service Fee.
6.3 The replacement Event must be within 6 months of the original Event booking.
6.4 Event cancellation or transfer requests must be made by email to firstname.lastname@example.org.
6.5 We reserve the right to cancel or postpone Events for any reasonable reason. If you have paid for an Event that we cancel or postpone, you are entitled to a refund of the Event Fee and the Service Fee or an Event transfer.
6.6 Events are scheduled for specified times. If you arrive late, you will not be refunded any fee you have paid.
6.7 We will endeavour to ensure there are the advertised number of people at every Event. However, a minimum of 4 people is required for the date to go ahead. For bookings of less than 4, we will arrange a refund of the Event Fee and the Service Fee or an Event transfer.
6.8 Intoxicated persons may not be permitted entry to, or participation in, Events. No refunds will be provided to persons refused service or participation due to intoxication.
6.9 We are not a matchmaking service and cannot guarantee Members will find suitable partners at any Event. Attendees are under no obligation to stay at an Event and you may leave on your own accord, without refund.
7 YOUR GENERAL OBLIGATIONS
7.1 You acknowledge that your membership to the Website is for personal use only, and not for business or commercial purposes.
7.2 We expect all Members to behave in an honest and respectful manner. You must not harass, threaten or bully other Members, engage in hate speech, rude or abusive behaviour, or any illegal activities.
7.3 You must under no circumstances:
a make other Member’s personal information, such as names, telephone numbers or addresses known to third parties without the consent of the respective Member;
b upload or distribute Objectionable, misleading or otherwise unlawful material;
c threaten or harass other Members, or harm the rights of any Members; and
d carry out advertising for other goods or services.
7.4 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.
7.5 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 email@example.com.
7.6 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.
7.7 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to firstname.lastname@example.org.
7.8 You must ensure that any content you submit to the Website, including photographs and text, does not breach any third party right (including intellectual property and privacy rights) and is not Objectionable, incorrect or misleading.
7.9 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID, or your attendance at an Event.
8 INTELLECTUAL PROPERTY
8.1 We (and 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.
8.2 By attending an Event you are providing us with perpetual, irrevocable permission to film and/or photograph you and to use any such material in any promotional material in any format anywhere in the world. We have no obligation to notify you when using such material. You irrevocably and unconditionally waive all moral rights (including performers’ rights) anywhere in the world that you may have in such materials.
9.1 To the extent permitted by law, we are not liable for:
a personal items mislaid, lost, stolen or damaged at an Event;
b any discrepancies in the activity or dining menu provided by the Event operator, restaurant or venue, from what was advertised on the Website;
c any provision of information on allergy or dietary requirements. You are responsible for informing the venue staff of this information at an Event;
d damage caused by a Member to property at an Event; or
e any injury suffered at an Event.
9.2 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 the Website being unavailable (in whole or in part) or performing slowly;
b any error in, or omission from, any information made available through the 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 use the Website protects you from this; and
d any site linked from the Website. Any link on the 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.
9.3 We make no representation or warranty that the 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 use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
10.1 To the maximum extent permitted by law:
a you access and use the Website and attend Events 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 Terms, the Website, your access and use of (or inability to access or use) the Website, or your attendance at Events. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
10.2 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. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
10.3 To the maximum extent permitted by law and only to the extent clauses 10.1 and 10.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, your access and use of (or inability to access or use) the Website, or your attendance at an Event, must not exceed NZD100.
12.1 You agree to pay the Fees.
12.2 You must provide us with a valid credit card number or Paypal Account when you book an Event. The Fees are charged to your credit card or Paypal Account when you book to attend an Event through the Website. The Service Fee is non-refundable, except as set out in clause 6.5. A receipt will be emailed to you each time your credit card is charged.
12.3 The Fees include GST (if any).
12.4 We may amend the Service Fee from time to time by notice to you and/or on the Website.
13 TERM, TERMINATION AND SUSPENSION
13.1 You may terminate your Basic Membership or Premium Membership at any time by deleting your Account.
13.2 If the Premium Membership subscription option you have selected includes a minimum term, the earliest date for termination under 13.1 will be the expiry of that minimum term. If you terminate your Premium Membership prior to the expiry of any minimum term, you will not be entitled to receive a refund.
13.3 We may suspend or terminate any Account for any reason without notice to you.
13.4 Without limiting other rights and remedies available to us, if we believe you have breached or are in breach of these Terms, we may:
a limit your activities on the Website;
b issue a warning to you;
c suspend or terminate your access to the Website or your attendance at Events; and/or
d co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of Members.
13.5 If you do not pay any amount due pursuant to these Terms, we may suspend access to your Account until such time as the outstanding payment is received. If we do not receive the outstanding amount due, we may terminate your Account.
13.6 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
13.7 No compensation is payable by us to you as a result of termination of these Terms for whatever reason, and you will not be entitled to a refund of any Event Fees or Service Fees that you have already paid.
13.8 If we suspend or terminate your Account, you must not create another one without prior approval.
14 COMPLAINTS AND DISPUTES
14.1 You may report abuse or inappropriate behaviour by another Member or offensive content on the Website by emailing us at email@example.com.
14.2 We have the right, but no obligation, to monitor disputes between you and other Members.
15.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
15.2 These Terms, and any dispute relating to these Terms or the 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 Terms or the Website.
15.3 For us to waive a right under these Terms, the waiver must be in writing.
15.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 7.9, 8, 9, 10, 15.1, continue in force.
15.5 If any part or provision of these 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 Terms. The remainder of these Terms will be binding on you.
15.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
15.7 If you have questions about these Terms or if you would like to give us feedback, you can contact us at firstname.lastname@example.org.