Terms of Use Web Site

Terms of Use and Conditions

These terms and conditions (“Agreement”) sets forth the general terms and conditions of your use of the badmintonnz.co.nz website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your” “Client” “Players” “Members”) and this Website operator (“NZBC”,”Operator”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Privacy Statement

We are committed to protecting your privacy. You can visit the NZBC Website without disclosing any information about yourself. However, to participate in some of the NZBC activities and opportunities presented on the website, you must register online and provide information on yourself so that the Services can be provided effectively and efficiently to you.

Activities include, registration for junior, senior and midweek clubs, private court bookings, associated players or visitors of private account holders, tournaments, trainings, courses, registering to receive information in the form of newsletters, e-news articles and notification of activities, all products from NZBC, contests, forums, games, downloading content, receiving specific information from NZBC such as email and mobile alerts, news, results.

Authorized employees within NZBC only use any information collected from individual customers or the purpose for which it has been collected. NZBC respects and follows all the relevant Laws of New Zealand when collecting, storing and using personal information gathered through the website with the express purpose of proving the Services for which the personal data was provided.

We accept credit card payments using the Paystation payment gateway to complete your booking. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS).

Confidentiality

Clients records are regarded as confidential and therefore these will not be divulged to any third party, other than to government authorised agencies or authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the provision that we are given reasonable notice of such a request. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by the NZBC will only be in connection with the provision of agreed services and products.

Exclusions and Limitations

The information on NZBC website is provided on an “as is” basis. To the fullest extent permitted by law. NZBC excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the NZBC’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised NZBC of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway.

Availability

NZBC does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service, you thereby indemnify the NZBC, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Cookies

Like most interactive web sites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this Website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, the Operator will receive an affiliate commission. We do not monitor or review the content of other party’s websites which are linked to or from this website. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. NZBC will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Intellectual Property

The content of this website, including NZBC’s logo, name, and other marks, as well as any multimedia content, is the property of NZBC. No part of this website may be copied, republished, stored, or otherwise republished or transmitted, in any form or by any means whatsoever, without the prior written permission of NZBC (which may be provided, for example, in a notice on the website). Unless otherwise provided, NZBC is the owner or licensee of all copyright and other intellectual property rights on this website, and in the material published on it. All such rights are reserved. For further information, or to request permission to use any of the content on NZBC’s website, please contact: admin@badmintonnz.co.nz.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New Zealand without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of New Zealand. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in New Zealand, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

General

The Laws of New Zealand govern these terms and conditions. By accessing this website and using our services and buying our products when available, you consent to these terms and conditions and to the exclusive jurisdiction of the New Zealand courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the NZBC to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to admin@badmintonnz.co.nz

This document was last updated on October 21, 2020