Auckland Rugby Union
Terms & Conditions
Update Effective: 18 July 2023
Auckland Rugby Union (‘ARU’, ‘we’, ‘us’ or ‘our’) provides ticketing services including the sale and distribution of tickets (‘Tickets’) and memberships (‘Memberships’) for Auckland Rugby home games held at Eden Park, Auckland or other locations in the Auckland Region (each an ‘Event’).
These ‘Terms and Conditions’ consist of the Ticket Terms and Conditions and, if applicable the Membership Specific Terms.
These Terms and Conditions will apply together with the terms and conditions of entry for any venue at which an Event is held (‘Terms of Entry’), and the terms and conditions of any website used in relation to the purchase of the Ticket or Membership from us.
Please read these Terms and Conditions carefully before purchasing a Ticket or Membership. By purchasing a Ticket or registering for a Membership, you agree to be bound by these Terms and Conditions.
You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an Event. You may also wish to consider taking out a relevant insurance policy to cover any losses in the event of cancellation, rescheduling or relocation.
These Terms and Conditions apply to:
1 both the original purchaser of Tickets and each holder of a Ticket (‘you’ or ‘your’); and
2 each individual holding a Membership or applying to hold a Membership (‘you’ or ‘your’).
Nothing in these Terms and Conditions is intended to limit your rights under applicable consumer law including the Consumer Guarantees Act 1993 and the Fair Training Act 1986.
We may vary these Terms and Conditions at any time by putting the varied terms on our website. In this respect: (a) Tickets ordered after the date of the publication of the varied terms; and/or (b) Memberships and Membership applications, will be subject to the variation and the placing of the order shall be deemed to be an acceptance of such varied Terms and Conditions.
Ticket Terms and Conditions
1 TERMS
1.1 By purchasing a Ticket from us, you are accepting and agreeing to be bound by the Ticket Terms and Conditions together with the Terms of Entry, and the terms and conditions of any website used in relation to the above.
1.2 To the extent that there are any inconsistencies or anything contrary between these Terms and Conditions and the Terms of Entry to an Event, then these Terms and Conditions will prevail. To the extent that there are any inconsistencies between the Ticket Terms and Conditions and the Membership Specific Terms, then the Ticket Terms and Conditions will prevail.
2 CURRENCY AND GST
2.1 All Ticket prices for Events that occur in New Zealand are stated in New Zealand Dollars.
2.2 All Ticket prices for Events that occur in New Zealand are inclusive of goods and services tax (‘GST’) unless they indicate otherwise.
3 WHO YOU ARE BUYING FROM
3.1 When you purchase a Ticket for an Event, we will be handling the transaction and collecting payment using Flicket Limited’s software (‘Flicket Software’). You acknowledge that we are not liable to you for any failure or delay arising from a loss, error or defect in the Flicket Software. You agree to only use the Flicket Software in a manner that complies with these Terms and Conditions.
3.2 When you purchase a Membership, we will be handling the transaction, collecting payment and managing your Membership using Ticketmaster software (‘Ticketmaster Software’). You acknowledge that we are not liable to you for any failure or delay arising from a loss, error or defect in the Ticketmaster Software. You agree to only use the Ticketmaster Software in a manner that complies with these Terms and Conditions.
3.3 We may change ticketing providers and if there is any change to the ticketing provider, you agree to only use that ticketing provider’s software in accordance with these Terms and Conditions and any other terms of use required by that ticketing provider.
4 SUPPLY OF TICKETS
4.1 Order confirmation for online purchases of Tickets: Ticket purchases are not complete or accepted by us until payment has been received in full by us and an order number has been issued. If you do not receive an order number after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with the Ticketing Services Manager at membership@aucklandrugby.co.nz or on 09 815 4823 whether or not your order has been placed.
4.2 E-delivery: You are responsible for either (i) ensuring that you provide a valid email address and that you are able to receive delivery of the Tickets by email; or (ii) ensuring that you log into your ARU account and download your Tickets in good time prior to the Event.
4.3 Limit on number of Tickets: When purchasing Tickets for an Event, you may be limited to a specified number of Tickets. If you exceed or we reasonably suspect that you have exceeded the stated Ticket limit, we reserve the right to cancel any or all of your orders and Tickets without notice to you. This includes orders associated with the same name, email address, billing address, credit card number or other information. Any Tickets cancelled due to violating the Ticket limit may be refunded at face value (excluding any third party fees, charges or levies which we are not able to recover). Ticket limits apply to ensure fair access to Tickets for fans, and as a measure to minimise ticket scalping.
4.4 Check your Tickets: It is your responsibility to check your Tickets immediately once they have been delivered as mistakes cannot always be rectified. You should contact the Ticketing Services Manager at membership@aucklandrugby.co.nz or on 09 815 4823 immediately if there is a mistake or error with your Tickets, or if you do not receive your Tickets as ordered and/or as described in your order confirmation.
4.5 Errors: While we take all reasonable care to ensure that Tickets are correctly priced and only available for sale when intended, sometimes errors may occur. We reserve the right to cancel an order as a result of any such error, although in the case of a pricing error, we will endeavour to contact you to give you the option of purchasing the Ticket at the correct price.
5 COVID-19 SPECIFIC CONDITIONS OF ENTRY
5.1 Government requirements: You must comply with any applicable Covid-19 requirements under the NZ Government’s Covid-19 Protection Framework as directed by the Ministry of Health and as applicable by ARU and the Owner (as defined in clause 6.5 below) that may apply at the time of the Event.
5.2 Reduced capacity: We may be required by, or reasonably decide as a result of, Government directions, orders or regulations (including directions associated with COVID-19) to reduce the number of persons who may attend an Event, change your seating allocation, change any standing or seating configurations for attendance at the Event, or change the entry requirements for the Event to reflect updates to Government directions.
5.3 Contact Tracing: If you are attending an event as part of a group, as the primary Ticket purchaser, you are responsible for knowing the contact details of all attendees in your group, and making this information available if you are contacted directly by a government agency for the purposes of contact tracing (or if you are otherwise required to produce this information in accordance with applicable law).
5.4 No Liability: Although we take reasonable measures to protect spectators at Events (including COVID-19 safety measures), we disclaim all liability for any loss, injury or damage to any person (including you) or property at an event (save for death or personal injury caused directly by our negligence).
6 ENTRY TO EVENT AND TICKETS GENERALLY
6.1 Ownership: Tickets remain our property at all times.
6.2 Resale: Tickets may not be on-sold, offered for resale at a premium (including via on-line auction or other resale sites), exchanged for fee or reward or other valuable consideration, or otherwise used for commercial purposes (including for advertising and promotional purposes such as prizes, contest, or sweepstakes) without our prior written consent. In granting such consent, we may require additional conditions to any Tickets as it sees fit (including charging an additional fee). The bearer of the Ticket may be refused entry or directed to leave the Event if a Ticket has been dealt with in breach of this clause.
6.3 Business Purpose: If you buy, or claim to buy a Ticket for business purposes, the Consumer Guarantees Act 1993 will not apply. This does not change the rest of these Terms and Conditions which remain valid.
6.4 Entry into an Event: Entry into an Event may be refused if the authenticity or validity of the Ticket is questionable, including because the Ticket has been damaged or defaced in any way, or has not been purchased from us or other authorised points of sale.
6.5 Admission: Admission to an Event is subject to Eden Park or other venue owner’s (‘Owner’) terms of entry. In particular, the following form part of the Owner’s terms unless otherwise specified:
a we or the Owner may prohibit certain items from being brought into an Event, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers. Such items may be confiscated, we and the Owner do accept any responsibility for confiscated items;
b you may be denied entry into, or removed from, an Event where the Owner has reasonable grounds to do so, including if you breach these Terms and Conditions or the Owner’s terms, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the Event by others;
c you may be required to submit to a search of your person and/or possessions before entering the Event. By purchasing a Ticket or using a Ticket to gain entry into an Event, you consent to such searches and waive any related claims that may arise (to the extent permissible by law). If you withdraw your consent to such searches, you may be denied entry to the Event without refund or other compensation.
6.6 Additional Charges; All tickets may be subject to additional charges, These are notably, but not limited to, Booking fees applied to individual tickets or group of tickets, via our ticketer Flicket and for games at Eden Park an Eden Park levy which is a contribution to the ongoing infrastructure and maintenance costs of Eden Park. This levy is payable in addition to the booking fee.
6.7 Photographs: You acknowledge and agree that any photographic images and video footage taken by us or our approved agents at the Event are our property and may be used on our channels. You grant permission to us to utilise your image, likeness, actions and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after the Event) in any medium or context without further authorisation or compensation.
7 ACCOUNT
7.1 Your account: You are solely responsible for maintaining the security of your user name and password and for all activity that occurs on any account set up via our website (including through our ticketing providers). You shall not permit anyone other than you to use your account. If you become aware or suspect that anyone knows your user name and/or password, you should promptly contact us.
7.2 No circumvention: You must not create or use multiple accounts with the purpose or intention of circumventing any of the terms of these Terms and Conditions (e.g. to circumvent limits on Tickets) or concealing your identity or other personal details.
7.3 Termination of account: We and our ticketing providers reserve the right to terminate your account and/or cancel any orders and/or prohibit you from making future orders using that account.
8 CANCELLED OR POSTPONED EVENTS
8.1 No Refunds: Except as set out in clause 8.2 or as required by law, we will not refund payments made by you for Tickets under any circumstances, including:
a The non-appearance of a particular person, group, or personally such as a player, team, performer or band (whether advertised or not);
b Any variation to the on-field Event program;
c Any variation to the off-field Event program, services, and attractions such as the postponement or cancellation of any entertainment, amusements, or interactive displays.
d Any adverse weather conditions;
e If your personal circumstances change; or
f Any other circumstances beyond our reasonable control.
8.2 Cancellation or Errors: If the entire Event is cancelled and cannot be rescheduled or an error is made and the reserved seat for your Ticket is unavailable. Then we will:
a exchange the Ticket for a Ticket to the next Event; or
b subject to a refund request being received by us from you (being the relevant Ticket holder), refund the Ticket price (less any third party fees, charges or levies which we are not able to recover).
8.3 No Monetary Consideration: If no monetary consideration has been paid for a Ticket, no refund or other costs will be payable to the holder of such Ticket in the event of cancellation, postponement or change to the Event, or for any reason whatsoever.
8.4 Memberships: If clause 8.2 applies to a Ticket and the Ticket was purchased via an ARU Membership, then the Ticket may be exchanged for entry to the next Event.
9 PRIVACY
9.1 Collection and use: You acknowledge and consent to the collection, use, disclosure, storage and processing of your Personal Information in accordance with these Terms and Conditions, our Privacy Policy (available at https://aucklandrugby.flicket.co.nz/privacy-policy) and the Privacy Laws.
9.2 Consents: If you are providing us with Personal Information about another person, then you warrant and represent that you have obtained all consents and approvals necessary at law from the relevant individual to enable us to collect, use, disclose, hold and process that information in accordance with these Terms and Conditions and our Privacy Policy.
9.3 Uses: Personal information is gathered, stored and used to:
a identify you;
b market any products, merchandise, and special offers made available by the ARU or the ARU’s respective corporate partners, sponsors, licensees, and suppliers;
c keep you informed of upcoming events;
d for research and development purposes; and
e for any other purposes listed in our privacy policy.
We may share your Personal Information with:
f any of our related companies;
g any organisations involved in the events;
h our corporate partners, sponsors, licensees, and suppliers;
i companies that we have engaged to carry out all or some of their functions and activities on our behalf;
j our insurers and professional advisers; and
k anyone else as is required under law or identified in our privacy policy.
You can refuse to provide us with your Personal Information; however we may not be unable to provide all or some of our offerings including but not limited to offerings relating to a Membership.
9.4 Security: With respect to Personal Information, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the Personal Information that we collect. We will also take reasonable steps to ensure that our third parties whom we disclose your Personal Information to also take reasonable steps to protect your personal information in accordance with our Privacy Policy and the applicable privacy laws.
9.5 Correction: Where you are an individual, you may request access to, and correction of, your Personal Information. Information requests should be addressed to: The Ticketing Services Manager, Auckland Rugby Union, PO Box 56-152, Dominion Road, Auckland 1446.
9.6 Marketing: You may choose to opt out of receiving marketing communications and materials from us by selecting ‘unsubscribe’ in the communication or by contacting us at: The Ticketing Services Manager, Auckland Rugby Union, PO Box 56-152, Dominion Road, Auckland 1446. You may choose to opt out of receiving marketing communications and materials from our event partners at any time by contacting the event partners directly.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 Ownership: Each party will retain ownership of its own Intellectual Property Rights existing at the time these Terms and Conditions are entered into.
10.2 Acknowledgement: You acknowledge and agree that all Intellectual Property Rights created or devised by us in connection with the provision of the Tickets and the Event, shall be owned by and shall vest in us, as and when created. To the extent that you become the owner of any Intellectual Property Rights arising in connection with the Tickets, the Event and/or our services, you hereby assign and transfer absolutely, and shall procure the assignment of, all rights, title and interest in and to the Intellectual Property to us.
10.3 No Rights: You shall have no right to use, sell, reproduce, copy, distribute or otherwise dispose of our Intellectual Property Rights, and you must not allow any third party to reproduce our Intellectual Property Rights.
11 LIABILITY AND WARRANTIES
11.1 Force Majeure Event: We will not be in breach of any of our obligations to you under these Terms and Conditions because of any failure on our part directly or indirectly due to a cause beyond our reasonable control, including a Force Majeure Event.
11.2 Indirect Losses: To the extent permitted by law, in no event shall we be liable to you under or in connection with these Terms and Conditions and/or the supply of the Tickets (whether in contract, tort or otherwise) for consequential losses or damages, indirect loss or any economic loss or loss or profits.
11.3 Limitation of liability: To the fullest extent permitted by law, we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of enjoyment or amenity or personal arrangements and expenditure e.g. travel, accommodation, hospitality and other costs which have been arranged by you are at your own risk) suffered as a result of, or arising from, or in any way connected to:
a the cancellation, postponement or change to the Event (or any part of the Event); or
b if your admission to the Event is refused or revoked at any time as a result of your breach of these Terms and Conditions or the Terms of Entry.
11.4 No Warranties: We provide no representation or warranties (express or implied) of any kind, including:
a any implied warranties of merchantability and fitness for a particular purpose;
b in relation to the quality, content, or duration of any Event;
c an uninterrupted and/or uninhibited view of the Event from the provided position.
11.5 Changes to Event: We and other organisers of an Event reserve the right to add, withdraw, substitute any players, performers, or activities associated with the Event.
11.6 Maximum Liability: Where liability cannot be excluded by law (including, without limitation, the Consumer Law), the maximum liability that we and the Owner will have to you is the face value of the Ticket purchased plus any relevant transaction and delivery fee (if applicable).
11.7 No exclusion: Nothing in these Terms and Conditions seeks to exclude or limit our liability which cannot be excluded or limited by law (including, without limitation, the Consumer Law) or limit your rights that cannot be limited under New Zealand legislation.
12 INDEMNITY
12.1 You agree to indemnify and hold us and our affiliates harmless from any loss, liability, claim or demand, including reasonable solicitors fees, made by any third party due to or arising out of your breach of these Terms and Conditions, or your use or misuse of the Flicket Software.
13 GENERAL
13.1 No transfer: You must not assign or transfer all or any part of your rights or obligations under these Terms and Conditions without our prior written consent. We may assign any rights or obligations without your approval as well as subcontract any obligations to third parties.
13.2 Enforceability: The illegality, invalidity or unenforceability of any provision of these Terms and Conditions will not affect the legality, validity or enforceability of another provision.
13.3 No Waiver: No waiver of any provision of these Terms and Conditions will serve as a waiver of any other provision of these Terms and Conditions and we will not have waived or be deemed to have waived any provision of these Terms and Conditions unless such waiver is in writing and executed by us.
13.4 Governing law: These Terms and Conditions are governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these Terms.
13.5 Questions and complaints: Please contact the Ticketing Services Manager at membership@aucklandrugby.co.nz or on 09 815 4823, if you have any comments, questions or complaints about the services we provide or these Terms and Conditions.
14 DEFINITIONS
14.1 ‘Consumer Law’ means any applicable consumer law in New Zealand including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
14.2 ‘Force Majeure Event” means any event or cause beyond the reasonable control of a party, including but not limited to, strike, industrial action, war, sabotage, terrorist activity, national emergency, blockade, pandemic, epidemic or governmental action, inaction or direction (excluding, for the avoidance of doubt, an action, inaction or direction by us or you), and an act of God.
14.3 ‘Including’ means “including without limitation”.
14.4 ‘Intellectual Property Rights’ means all intellectual property rights including patents, copyright, registered and unregistered designs, trade marks (both registered and unregistered), logos, business and trade names, processes, inventions, and know-how.
14.5 ‘Personal Information’ means any information that can be used to directly or indirectly to identify an individual, and references to “your Personal Information” also includes any Personal Information that you provide to us about someone else.
14.6 ‘Privacy Laws’ means the Privacy Act 2020 and successor legislation.
Membership Specific Terms
15 TERMS
15.1 By registering as a Member of a particular Membership Package offered by us (‘Membership’), whether an individual is applying to register as a Member for the first time or is renewing a Membership, the individual is accepting and agreeing to be bound by these Membership Specific Terms, together with the Terms of Entry to an Event, the Ticket Terms and Conditions, and the terms and conditions of any website used in relation to the above.
15.2 To the extent that there are any inconsistencies or anything contrary between these Terms and Conditions and the terms and conditions of entry for the Event, then these Terms and Conditions will prevail. To the extent that there are any inconsistencies between the Ticket Terms and Conditions and these Membership Specific Terms, then the Ticket Terms and Conditions will prevail.
16 MEMBERSHIP
16.1 ARU’s Discretion: Membership is at the discretion of the ARU, and we reserve the right to accept or reject an application to register as a Member or renew a Membership, at our sole discretion.
16.2 Membership Type: The Membership type that you have subscribed for is set out in the ordering process.
16.3 Membership Period: Unless otherwise specified for a particular Membership Package, Membership Packages run for a 12-month period from 1 December to 30 November in each year and will expire unless renewed.
16.4 Variation of benefits: We may vary the benefits of the Membership and the Membership Specific Terms at any time, at our sole discretion. The Member’s continued registration as a Member after such notification will constitute an acceptance of the amendments to the Terms and Conditions by the Member.
16.5 Ratification: Membership Packages may include Tickets to games or fixtures that are subject to ratification by a third party such as New Zealand Rugby. Where any Ticket requires ratification by New Zealand Rugby, any acceptance by the Member of Test Match Tickets will constitute an acceptance of New Zealand Rugby’s terms and conditions. Attendance by the Member at a Test Match is subject to New Zealand Rugby’s terms and conditions.
16.6 Other Memberships: We may, at our sole discretion, choose to offer memberships:
a for a time period that differs from the time period specified in clause 16.2 above; and/or
b at a location(s) different than the locations contemplated in these Terms and Conditions; and/or
c which entitle the members to games that differ in number and/or nature to those contemplated in these Terms and Conditions.
Where any such membership is offered, additional terms and conditions may apply to that membership. Despite the additional terms and conditions, these Terms and Conditions will still apply to the membership to the fullest extent possible. To the extent that there are any inconsistencies or anything contrary between the additional terms and conditions and these Terms and Conditions, the additional terms and conditions supersede these Terms and Conditions.
16.7 Failure to renew: If a Member fails to renew their Membership by the date specified, all rights to Membership will cease on the expiry date.
17 SEATS, CHARGES AND REFUNDS
17.1 Entry: Subject to payment of the Membership Fee, Membership entitles one person only entry to Eden Park or any ground in which an Event is held at any one time. Members may be required to produce their Membership Card, Print at Home ticket or mobile membership by an Eden Park usher or security staff member at any time.
17.2 Personal Right: The Membership (and all associated rights and benefits) is issued to the Member for the Member’s sole use and the Member shall not, nor attempt to sell, dispose of, assign, transfer, lend or otherwise deal with the Membership or the benefit of it to any other person without our prior written consent (other than as specified in clause 17.9 below).
17.3 Allocation of seats: Allocation of seats to Members is at our sole discretion, and we reserve the right to assign Members with new seats. We are not obliged to notify the Member of any proposed redevelopment which may impact on the Member’s season seating. If any change to seating does occur, the Member will be notified.
17.4 Entitlements: Seat entitlement is personal to the Member. Members are requested to advise the event’s ushers or security staff of any unauthorised person(s) sitting in the Member’s allocated seat(s) for designated Events. We reserve the right to on-sell membership seats for additional events (such as quarter-finals/semi-finals/finals) where that Membership seat has not been ordered or paid for by the deadline specified on the order form.
17.5 Additional Charges: At our sole discretion, we may charge the Member an additional fee for the Ticket(s) to a particular quarter-final, semi-final and/or final event(s), even where that event is included in the Membership. This may include any Blues or ARU finals.
17.6 Eden Park Levies: There is a levy applied by Eden Park on all adult Memberships. This is a contribution towards the ongoing cost of infrastructure maintenance and replacement at the venue. This levy is payable in addition to the Membership Fee.
17.7 Payments: All Membership payments must be made in full without set-off, restriction, condition or deduction. All prices stated include GST, unless they indicate otherwise. The prices may also be subject to a credit card fee. If any part of the Membership Fee (including, for the avoidance of doubt, any additional fee payable) or any other payment due under or in respect of these Terms and Conditions, we may do any of those things listed in clause 4.3 below.
17.8 Exchanges or refunds: Exchanges or refunds are not available on Memberships or additional products purchased. If a Member wishes to cancel their Membership, a written request must be submitted to membership@aucklandrugby.co.nz prior to the commencement of the season to which the Membership relates. Such application may be accepted or rejected at our sole discretion.
17.9 Nominee: Where a Member chooses to nominate a nominee to take the Member’s place as a Member for one or more events, it is the Member’s responsibility to ensure that the nominee is aware of the responsibilities and limitations of the Membership, and complies with all Terms and Conditions. Any action of the nominee will be viewed as an action by the Member. We reserve the absolute right to refuse any nominee the benefits of the Membership, and the entry into, or attendance at, any event at its sole discretion.
18 CONDITIONS OF MEMBERSHIP
18.1 Conditions: The Member acknowledges and agrees that it is an essential condition of the ARU accepting an application for Membership and issuing the card provided to Members evidencing their membership (‘Card’) and/or Tickets, that Cards (and their respective tickets) will not be:
a transferred to any other person, other than that Member’s nominee;
b offered, provided, resold or transferred at a premium;
c used in relation to any commercial purposes (including any competitions, advertising, promotion or as a prize in any competition or sweepstake, but not including the entertaining of clients), or to enhance the demand for any other goods or services; and/or
d bundled with any other goods or services (including but not limited to as part of any hospitality or travel package), without the ARU’s prior written consent.
18.2 Acknowledgement: The Member acknowledges and agrees that it is an essential condition of the ARU accepting an application for Membership and issuing Cards (and their respective Tickets) that Members, when attending any events, are expressly prohibited from:
a acting in a manner that may bring the name and/or reputation of ARU and any event into disrepute, including but not limited to acting in an abusive, disruptive, or dangerous manner;
b having on their persons any dangerous, offensive, or prohibited items, including but not limited to glass bottles, metal containers, alcohol, illegal substances, objects that are or could be weapons or cause disruption, banners/signs/ slogans that are political or offensive or religious or race-related, that are not purchased at the event;
c using, possessing, or holding promotional or commercial objects and materials, engaging in any ambush marketing/gambling, or conducting any commercial activity, or offering;
d taking photographs or recording sound or images of the event for any purpose other than for a personal, private, non-commercial purpose; and
e breaching any Terms and Conditions, or New Zealand legislation.
18.3 Our rights: Despite the rights to Membership stated in these Terms and Conditions, if:
a there are any monies outstanding or owed in respect of the Member’s Membership or an Event a Member is attending; and/or
b there is any breach or misuse by the Member of any Terms and Conditions by the Member; and/or
c the Member fails to follow any instruction(s) made by any authorised person of the ARU; and/or
d the Member breaches any other New Zealand law or regulation or bylaw; and/or
e if, for any reason, we are unable to provide the benefits of Membership,
we may at its sole discretion, even if the Member did not have notice of the particular term(s) and/or condition(s) or breach:
f refuse the Member entry into the Event; and/or
g evict/expel the Member from any Event (without a refund); and/or
h suspend and/or cancel the Member’s Membership and/or Tickets (without a refund and without prejudice to our right to payment for any games, fixture or other benefits received by the Member which are not paid in full); and/or
i cause the forfeiture of the Membership and/or any and all rights of Membership (without a refund); and/or
j require the Member to return our property to us including but not limited to the Card; and/or
k any other consequence that we so direct. Such actions are in addition and without prejudice to other remedies available to us, including but not limited to a fine and legal action.
19 MEMBERSHIP CARDS AND IDENTIFICATION
19.1 Identification: Where requested by an authorised person of ARU at any time, the Member must:
a produce and hand over for inspection their Ticket (where Tickets are required for entry);
b produce and hand over for inspection their Card, (where Cards are sufficient for entry);
c produce and hand over for inspection their proof of identity, with a valid photograph and signature;
d submit to a search of possession and/or body checks for the purposes of locating and removing those items referred to in clause 18.1b of these Terms and Conditions; and
e comply with all other reasonable instructions and guidelines requested.
19.2 Member Cards: The Member named on the Card is responsible for the Card at all times. However, the Card remains our property at all times, and the Member:
a is not permitted to sell their rights or the use of the Card to a third party; and
b must return the Card to us when the Member’s Membership is cancelled, fortified, or not renewed, for any reason.
19.3 Lost Cards: In the event that the Card is lost or stolen, the Member must inform us immediately. There is a $25 replacement fee for lost membership cards.
19.4 Change in details: The Member is responsible for notifying us where any of their details that we may rely on, change.
20 ARU MEMBERSHIP ACCOUNT
20.1 Membership Account: The Member is solely responsible for maintaining the security of the Member’s user name and password and for all activity that occurs on the Members ARU account. The Member shall not permit anyone other than the Member to use the Member’s ARU account. If the Member becomes aware or suspect that anyone knows the Member’s user name and/or password, the Member should promptly contact us.
20.2 No circumvention: The Member must not create or use multiple ARU accounts with the purpose or intention of circumventing any of the terms of these Terms and Conditions or concealing the Member’s identity or other personal details.
20.3 Termination of account: We reserve the right to terminate the Member’s ARU account and/or cancel any orders and/or prohibit the Member from making future orders using that ARU account.
21 INDEMNITY
21.1 The Member agrees that:
a it indemnifies and holds harmless the ARU, its related companies, any other third party involved in the Membership, and each of the above-mentioned’s employees and directors, from and against all costs, losses, damages, harm, and liabilities suffered or incurred by the ARU or any third party, in connection with, resulting from, or arising out of, the Member being a Member and/or a breach of these Terms and Conditions and/or attending any Event; and
b neither the ARU, its related companies, any third party involved in the Membership, or any of the above-mentioned’s employees and directors are liable to the Member for any costs, losses, damages, harm, and liabilities suffered or incurred in connection with, resulting from, or arising out of, being a Member and/or a breach of these Terms and Conditions and/or attending any Event.
22 LIABILITY
22.1 Limitation of Liability: Without limiting the provisions of clause 11, and to the full extent permitted by law, all warranties, conditions, and representations about the Membership and/or any Events offered to or provided by the ARU as part of the Membership, are excluded. If a term is implied by law into these Terms and Conditions, and the law prohibits provisions in a contract excluding or modifying liability under that term, then it shall be included in these Terms and Conditions but limited to:
a the supply of the services again; or
b the payment of the cost of having the services supplied again.
22.2 No Warranties: Subject to Consumer Law, we provide no representation or warranties (express or implied) of any kind with respect to a Membership, including any implied warranties of merchantability and fitness for a particular purpose.
23 PRIVACY
23.1 The privacy terms in relation to a Membership shall be governed in accordance with clause 9 of the Ticket Terms and Conditions.
24 CANCELLED OR POSTPONED FIXTURES
24.1 No Refunds: Except as required by law, we will not be liable to any Member or for a failure to perform any obligation under these Terms and Conditions under any circumstances beyond our reasonable control, including a Force Majeure Event.
24.2 Cancellations, withdrawals or postponements: Should any game be cancelled or withdrawn or postponed by circumstances beyond our control, Memberships will not be refunded. However, should games during the Membership period not proceed and after consultation with the relevant organisations being Blues or NZR, we will as a best endeavour investigate providing Members a remedial solution but not until the end of the Membership period.
25 COVID-19 SPECIFIC CONDITIONS
25.1 No Guarantee: Payment of the Membership Fee gives no guarantee that any Ticket(s) or seat(s) will be available and/or issued to the Member for any Events which have reduced capacity due to COVID-19.
26 GENERAL
26.1 No transfer: The Member may not assign or transfer all or any part of the Member’s rights or obligations under these Membership Specific Terms without our prior written consent.
26.2 DEFINITIONS
26.3 Capitalised terms in these Membership Specific Terms that are not otherwise defined have the meaning set out in clause 14 of the Ticket Terms and Conditions.
26.4 ‘Card’ has the meaning in clause 18.1.
26.5 ‘Eden Park’ means the multi-purpose sporting and cultural venue located at Reimers Ave, Kingsland, Auckland 1024.
26.6 ‘Member’ means each individual holding a Membership Package or applying to hold a Membership Package.
26.7 ‘Membership Fee’ means the fee payable by the Member in respect of any Membership Package.
26.8 ‘Membership Package’ means each of the membership packages which are available for subscription on ARU’s website from time to time which may include Blues matches, Test Matches and other Auckland Rugby and New Zealand Rugby games or fixtures, or any combination of them.
26.9 ‘Test Match’ means an international rugby union match played between the All Blacks, and another national team.
It is a condition of sale that this ticket may not be offered, re-sold or traded at a premium or in conjunction with other goods or services, nor used for advertising or any commercial purposes (including competitions or promotions), without the prior written consent of New Zealand Rugby (NZR) or the Auckland Rugby Union. Tickets remain the property of the NZR or the Auckland Rugby Union. In the event of breach of this condition, the ticket holder may be denied admission/expelled and, on request, the ticket will be delivered up to the NZR or the Auckland Rugby Union.