TARANAKI RUGBY MEMBERSHIP TERMS AND CONDITIONS
INTRODUCTION
In these Terms and Conditions, references to “we”, “us” and/or “our” are references to Taranaki Rugby Football Union (“Taranaki Bulls”).
The word "you" refers to you individually.
The completed Membership Application (“Membership Application”), and these Terms and Conditions together form a legally binding contract (“Agreement”) between the person named on the Membership Application (“Member”) and Taranaki Rugby.
All data collected by Taranaki Rugby will be stored and managed in line with our PRIVACY POLICY.
The Member acknowledges and agrees that their Membership with Taranaki Rugby is subject to the terms of the Agreement and entitles the Member to the rights and benefits described in these Terms and Conditions only.
If a Member does not agree to the terms of the Agreement, they must not submit a completed Membership Application to Taranaki Rugby.
In addition to the terms of the Agreement, each Member must comply with any rules and regulations imposed by the venue on Members from time to time.
DEFINITION
In these Terms and Conditions:
“Annual Renewal Payment Plan” means the membership payment plan that rolls over automatically each season.
“Competition” means the NPC Competition conducted by New Zealand Rugby (NZR).
“Membership Application” means the Member’s submission to purchase a Membership Offer.
“Membership Offer” means the Taranaki Rugby membership packages available to view on the MEMBERSHIP PAGE.
“Pre-season Match” means any match that precedes the Round Robin.
“Round Robin” means all matches in the regular season competition excluding Pre-season Matches, and Finals Matches.
“Home Match” means any of the matches designated as a Taranaki Rugby home match during the Round Robin competition and excludes any Finals Matches.
“Finals Match” means any match designated as a Taranaki Rugby home finals match played at the venue.
“Matches” means Home Matches and Finals Matches.
“Membership Fee” means the fee payable by a Member to Taranaki Rugby on the terms set out in the Agreement.
“Non-seated Member” mean any membership category that does not include seats at Matches.
“Opt-out Date” is the final date at which Members can determine whether they wish to opt out of the Annual Renewal Payment Plan.
“Opt-out Period” is the time period notified to Members in which they can opt out of the Annual Renewal Payment Plan.
“Renewal Date” is the date at which memberships are put on sale and can be renewed by existing members.
“Renewal Cut-off Date” means the date we notify Members of memberships to be purchased for the next season before their held seats will be released for public sale.
“Seated Member” means any membership category that includes seats at Matches.
“Venue” means Yarrow Stadium, or any other stadium where a Taranaki Rugby Home Match is played.
MEMBERSHIP APPLICATION AND PURCHASE
2.1 Membership Applications
Membership Applications may be submitted through any of the following means:
Online at the Memberlink URL provided by Taranaki Rugby
Calling Taranaki Rugby on (06) 759 0167
At the Taranaki Rugby Office in Sport Taranaki
At the TSB Showplace, New Plymouth
Stipulated Taranaki Rugby events with Membership staff present.
2.2 Confirmation and Acceptance
Once you submit your Membership Application and pay your Membership Fee, Taranaki Rugby will consider your Membership Application. If your Membership Application is accepted Taranaki Rugby will send you an email confirming your Membership details. Members are required to provide a valid email address in their Membership Application in order to receive confirmation (or otherwise) of the acceptance of their Membership Application and other notices or communications we send you.
2.3 Membership Categories
Where applicable, Taranaki Rugby will determine the annual Membership categories.
2.4 Paper Tickets or EzyTickets (electronic tickets)
Taranaki Rugby Membership tickets will be provided via a Membership card
A Taranaki Rugby EzyTickets (electronic tickets) will only be provided on request.
Taranaki Rugby will determine which Membership categories receive EzyTickets and provide access to venues for round robin Home Matches for seated members.
Taranaki Rugby will determine which Membership categories receive a Members pack or value-adds and this will be made clear to you at the time of purchasing the Membership category.
Taranaki Rugby will determine which Membership categories will receive Finals Matches as part of the Membership.
2.5 Refund
Once a completed Membership Application is submitted to Taranaki Rugby the application is considered final and refunds and exchanges are only permitted as expressed in the “Refund Policy” of these Terms and Conditions (clause 15.2).
2.6 Incomplete forms
Taranaki Rugby shall not process a Membership Application that is incomplete and shall not provide a refund if a Membership Application is incomplete.
2.7 Right to refuse
Taranaki Rugby reserves the right to refuse Membership to any person at its absolute discretion.
MEMBERSHIP FEES
3.1 Annual Renewal Of Membership
Where applicable, Taranaki Rugby will set the annual Membership fee each year and give members notice of the change before or at the start of the Next Season Renewal Period.
3.2 Season
Membership shall only apply for the relevant season for which Membership fees have been paid.
3.3 Payment
When you subscribe to become a Taranaki Rugby Member, unless otherwise agreed, all Memberships are to be paid in full. Please refer to clause 14 of this agreement.
3.4 Full Payment Fees and charges
3.4.1 All Membership prices are GST inclusive.
3.4.2 All fees are deducted by a third-party ticketing agency, Ticketek (“The Agency”). The agency sets all additional fees and charges and are visible at time of purchase. These fees and charges can be amended by the agency or Taranaki Rugby at any time without notice.
3.4.3 For the avoidance of doubt, all monies outstanding for any activities conducted by the Taranaki Rugby from time to time, in respect of which the Member participates (or has agreed to participate, whether as part of their Membership or otherwise) may be automatically deducted from the account/credit card details supplied on their Membership Application by each Member to Taranaki Rugby, if not paid and without further notice required to the Member.
3.5 Payment failure
If any amount payable by a Member to Taranaki Rugby (whether in respect of their Membership or otherwise) is not paid on the due date, access to all Taranaki Rugby functions, Home Matches and other events will be blocked at the discretion of the Taranaki Rugby.
FURTHER CONDITIONS
4.1 Annual Membership - Conditions of holding a Taranaki Rugby Membership are as follows:
4.2 Taranaki Rugby reserves the right to change all or any of the Membership details enclosed in the Taranaki Rugby Membership offer from time to time, prior to payment of your Membership Fee. If any item included in a Membership cannot be provided at any time by Taranaki Rugby, then Taranaki Rugby reserves the right to substitute an item of equal value into the Membership without prior notice and/or liability to the Member.
4.3. The number of Matches played at the Taranaki Rugby home ground is governed by New Zealand Rugby.
4.4. Taranaki Rugby reserve the right to offer additional Membership categories, on such Terms and Conditions as it sees fit. Taranaki Rugby have the ability to introduce new promotions and offers to Members. Any Member who has purchased prior to these offers will not be able to request a refund.
4.5. Taranaki Rugby Membership expires if you have not renewed your membership by the Renewal Date, unless cancelled or surrendered earlier under these Terms and Conditions. Taranaki Rugby reserve the right to cancel a Membership without refund if the Member breaches the Agreement or any rules and regulations imposed by the venues on Members.
4.6. Pursuant to clause 12 of these Terms and Conditions, a Membership is not inclusive of Finals Matches, unless it is stipulated as part of the benefits listed for that Membership.
4.7. Tickets to Taranaki Rugby Matches may not, without the prior written consent of the Taranaki Rugby, be resold at a premium nor used for advertising, promotion or other commercial purposes (including competitor or trade promotions) or to enhance the demand for other goods or services. If a ticket is sold or used in breach of this condition, then the ticket may be cancelled and the bearer of the ticket may be denied admission.
4.8. Taranaki Rugby reserve the right to offer discounted Memberships and/or single Match tickets at any given time.
4.9. Taranaki Rugby reserve the right to alter Member seating at its home matches in line with any Government or venue capacity or social distancing guidelines.
MEMBERSHIP CATEGORIES
5.1 Child and Student
Child Members must be 13 years or under at the time of purchase. Student members must be aged 14-17 years at the time of purchase. Members must provide proof of age when requested. Taranaki Rugby does not provide, nor is it responsible for, supervision of Junior Members.
5.2 Removal of Membership Categories
Each season Taranaki Rugby performs a Membership review and some categories may be removed for the upcoming season. Renewing members will be informed of any categories which are no longer available and will be provided with an opportunity to purchase a new Membership category.
VENUE
6.1 Match Venue
All dates, times, participating teams and venues of matches will be specified on the official TARANAKI RUGBY WEBSITE, and may change from time to time. If any changes occur, Taranaki Rugby will notify all Members as soon as is practical.
6.2 Right to impose additional rules
The organisation in control of a venue used for a Taranaki Rugby Match, or national or local Government, has the right to impose on Members additional rules and regulations and other operational decisions as may be directed by those organisations from time to time at its discretion (and such rules and regulations may differ between Membership categories of Taranaki Rugby.)
6.3 Compliance
Members must comply with the rules and regulations imposed by the organisation in control of the venues, where home matches are played. If any of these Terms and Conditions or rules and regulations are breached, Taranaki Rugby and the venue reserves the right to refuse entry or to remove Members from the venues. Please refer to the website of the host venue to view their entry Terms and Conditions. The Yarrow Stadium entry conditions can be viewed HERE.
6.4 No liability
Taranaki Rugby shall not be liable to Members for any matters arising as a result of the implementation of any such rules and regulations and Members must not do anything to cause Taranaki Rugby to breach any obligations of Taranaki Rugby to any venue or the competition.
USE OF MEMBER INFORMATION AND CHANGES TO MEMBER INFORMATION
7.1 Member Communications
Members who are entitled to receive communication from Taranaki Rugby throughout the duration of their Membership(s) is/are required to provide a valid email address in their Membership Application. All communication made by Taranaki Rugby to a Member will be carried out in accordance with the Taranaki Rugby PRIVACY POLICY.
7.2 Change of information
Members must notify Taranaki Rugby, in writing (by email) as soon as possible, of any change in circumstance including but not limited to; Member contact details; or other details that could affect the Membership held with Taranaki Rugby. Members can update their contact information online by clicking on the Members tab online at the Memberlink URL provided by Taranaki Rugby and logging in to their account on their Member portal, or by calling (06) 759 0167, or by EMAIL.
NO ADDITIONAL RIGHTS
8.1 Entitlements
A Taranaki Rugby Membership does not entitle the Member to any other rights except as expressly set out in the Agreement and Taranaki Rugby Membership offer.
9.3 Surrender
A Member may surrender Membership at any time by notice in writing to Taranaki Rugby (although any surrender of Membership does not entitle a Member to a refund of either some, or all, of their Membership fee).
SEATING
10.1 Renewing Member Seating Allocation (Current Season)
Members must renew their Membership with the corresponding Membership type before (or on the last day of the date notified to Members via the Renewal Date) to retain the same seating. Members who do not renew on or before this date will be allocated a Member’s seat on a “best available seat basis” at the time of purchase. Changes to Membership seating and categories may apply each season. Should a Member’s seat be impacted by changes upon renewal, the Member will be renewed into the next best seat(s) available.
10.2 Membership seating
Taranaki Rugby shall allocate a Member’s seat on a “best available seat” basis available at the time of the Member’s request.
10.3 Reserved seating requests
If a Member would like to request a particular location for their reserved seat(s), or a Member would like to request a change to their existing seat(s), they are required to note their request in the Seating Preference section of their application/renewal or as directed by Taranaki Rugby. Taranaki Rugby will allocate new seating and change requests in date order of receipt after expiry of the closing date notified to Members as part of the Renewal Date, if not possible before that.
10.4 Seating request unavailability
Membership Applications are not subject to confirmation of seating requests. Taranaki Rugby shall make all efforts to accommodate seating requests made at the time of receipt of the Membership Application, however in the event a seating request is unable to be allocated to the Member then Taranaki Rugby shall not provide a refund.
10.5 Group seating requests
10.5.1 For group seating, Membership Applications should be purchased in one transaction at the time of booking, to ensure the group seating allocation is together.
When booking seats, Members may request that a group of fellow Members be seated together. Names of fellow, or new Members, must be identified at the time of booking.
If Membership Applications are not submitted together, Taranaki Rugby cannot guarantee Members will be seated together in accordance with any requests.
10.6 Restricted Viewing
Whilst Taranaki Rugby have taken due care to notify Members of areas of restricted viewing, some seats may be slightly restricted by match day signage or other operational requirements as directed by the venue or the Competition.
10.7 Seating at alternative venues
In the event that a Home Match is played at an alternative venue, due to the different seating configuration available, the same seat allocations will not be available.
FINALS MATCHES
11.1 Ticketing
11.1.1 In the event Taranaki Rugby qualify for the competition Home Finals Series, Taranaki Rugby Members will be granted priority access to ticket(s) to Home Finals Matches prior to tickets going on sale to the general public. Members shall be advised when tickets will be available.
11.1.2 Taranaki Rugby are responsible for the management of Home Finals ticketing and guarantee that a Member will be offered their same reserved Home Match seat(s).
MEMBER MERCHANDISE
Any Member Merchandise items available, as stipulated for inclusion in certain Membership packages are subject to change, and Taranaki Rugby will advise Members on confirmed pack inclusions prior to the upcoming season.
MEMBERSHIP PAYMENT
13.1 Annual Renewal Payment Plan (Auto-Rollover)
By agreeing to pay your Membership via the Taranaki Rugby Annual Renewal Payment Plan, you authorise Taranaki Rugby, or associated third parties, to debit from your nominated Credit Card or Debit Account as set out in your Membership Application. Additional fees (including credit card fees) may apply.
13.1.1 The Annual Renewal Payment Plan enables you to automatically renew your Membership from year to year. The Taranaki Rugby Annual Renewal Payment Plan is open to all Members who elect to pay for their season Membership online or by credit or debit card.
13.1.2 If you pay your Membership fees by credit or debit card online, unless you elect to opt out of the Annual Renewal Payment Plan in accordance with directions issued by Taranaki Rugby from time to time, you authorise Taranaki Rugby to automatically renew your Membership each season into the same seat and package and to deduct the applicable Membership fees from the credit or debit card used to purchase your previous Membership.
13.1.3 You acknowledge that Membership fees may increase from season to season. Taranaki Rugby will provide reasonable prior notice of any changes to Membership fees.
13.1.4 Participation in the Annual Renewal Payment Plan is only available if the same category of Membership is available for the Member to renew for the following season. If a category of Membership is removed by Taranaki Rugby, the Member will be required to purchase a new Membership category and will be notified via email that they have the option to purchase a new category of Membership.
13.1.4 If you participate in the Annual Renewal Payment Plan, Taranaki Rugby will contact you before processing your renewal. That contact will be by either e-mail or phone two weeks before the Renewal Date (the date which membership goes on sale to renewing members). You will have until the end of the Renewal Date to advise Taranaki Rugby of any changes or upgrades you wish to make to your Membership package, or to notify Taranaki Rugby (by opting out under clause 13.1.7) if you do not wish to roll over your Membership into the next season. Taranaki Rugby will only renew your Membership if they receive confirmation that you wish your membership to be renewed.
13.1.5 By joining the Annual Renewal Payment Plan, you authorise Taranaki Rugby to arrange a transfer of funds from your nominated credit or debit card in the amount applicable to your Membership type and at the intervals which applied in relation to the preceding season.
13.1.6 If you wish to change your nominated credit or debit card from which payments are deducted at any time, or e-mail address, you will need to log into your Member account and change these details online by visiting Online at the Memberlink URL provided by Taranaki Rugby and clicking on the Members tab to log in, or contact the Membership Team by calling (06) 759 0167 or by EMAIL - member@trfu.co.nz.
13.1.7 You can also opt-out of the Auto-renewal ‘Annual Renewal Payment Plan’ at any time before the end of the relevant Next Season Renewal Period by visiting the Members tab online at the Memberlink URL provided by Taranaki Rugby and logging into your Membership account and changing your preference in the ‘Manage Renewals Tab’.
13.1.8 Taranaki Rugby or associated third parties will debit your account within ten business days following the end of the relevant Next Season Renewal Period nominated payment date. If that debit is dishonoured by your financial institution any associated dishonour fees incurred by Taranaki Rugby or associated third parties, will be passed on to the Member.
13.1.9 You must ensure that the account details you have provided are correct and you notify Taranaki Rugby immediately should any of the details change prior to the expiration of the Next Season Renewal Period. You must ensure that you have sufficient clear funds on your nominated credit/debit card on the scheduled instalment date.
13.1.11 Before the Annual Renewal Payment Plan begins, Members must provide Taranaki Rugby with their full address details, an email address and mobile or home number. You must ensure all contact details are up-to-date and notify Taranaki of any changes.
13.1.13 If your debit is returned or dishonoured by your financial institution, Taranaki Rugby will contact you to request immediate payment. Any fees levied to you by your financial institution will be payable by you.
13.1.14 If your Membership is suspended or cancelled due to non-payment of dues, your Membership barcode will be blocked and you will not be able to gain access to any Match, or receive any Membership benefits.
13.1.15 Members with outstanding debt will be unable to renew their Membership until all outstanding money owed is paid in full.
13.1.16 Taranaki accepts no liability for any matter arising from your use of the Annual Renewal Payment Plan.
13.1.17 If you believe that a withdrawal has been initiated incorrectly, please contact the Membership Team on (06) 759 0167.
15.1 Cancellations Taranaki Rugby is not liable to Members for any loss or damage Members suffer as a result of the Competition or any match being cancelled, postponed or changed and the Member acknowledges that any such change or postponement will be at the sole direction of the competition organisers or the venue.
15.2 Credits and Partial Refunds Should Taranaki Rugby not be able to deliver its commitment of home matches, Members will be provided with the option of a credit, or refund. This credit or refund applied would exclude an administration and pack fee for the value of any benefits delivered to you already (such as servicing your Membership pack items and card) along with the $7.50 Ticketing service fee applied by Ticketek.
BEHAVIOURAL STANDARDS – CODE OF CONDUCT POLICY
All Members must at all times comply with the venue conditions of entry and any additional Venue Terms and Conditions. Taranaki Rugby reserves the right to refuse entry to any person (including Members) for any breach of the applicable Conditions of Entry. Members who breach these conditions may face Membership penalties, including cancellation without refund. Taranaki Rugby reserves all its rights to remove any person, including Members or Member guests, from the venue on Match Day for any breach of the Venue Conditions of Entry.
TERMINATION
17.1 Breach Membership may be terminated by Taranaki Rugby for failure to comply with the terms of this Agreement. A Membership may also be cancelled due to the misconduct of a Member or their invitee in accordance with clause 18 below.
LIABILITY AND INDEMNITY
18.1 Responsibility for damage A Member is responsible for any damage which the Member, their guests or any Invitee may cause at any match, function or event of Taranaki Rugby if such damage is caused by the Member’s (or their guest or invitee’s) wilful act or negligence.
18.2 Limitation of liability
The maximum aggregate liability of Taranaki Rugby for all proven losses, damages and claims arising out of this Agreement including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to an aggregate of all claims of the total amount payable under a Member’s annual Membership where Taranaki Rugby’s liability cannot be excluded under any law, Taranaki Rugby liability will be limited to (at its discretion), either re-supplying the Membership to you or paying you the cost of re-supplying the Membership to you.
Notwithstanding any other clause, Taranaki Rugby is not liable to you or to any other person for any losses or damages of any kind caused by, or resulting from, any wrongful, wilful or negligent act or omission by any person or any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information, or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.
Each Member unconditionally releases Taranaki Rugby (and its employees, officers and agents) from any loss or claim which a Member might otherwise have against Taranaki Rugby or its employees, officers or agents for any:
injury or loss suffered by any person, regardless of the cause;
damage or theft to or loss of the Member’s property, regardless of the cause; or
damage or theft to, or loss of, any property, regardless of the cause for any reason relating to use of a Membership or attendance at any match, event or function run by Taranaki Rugby.
18.3 Indemnity
You agree to indemnify Taranaki Rugby and its employees, officers and agents in respect of all losses, claims and damages that may be brought against Taranaki Rugby or its employees, officers or agents as a direct or indirect result of use of the Member’s Membership or attendance at any match event or function.
WARRANTIES
19.1 Taranaki Rugby makes no representations or warranties of any kind, express or implied as to the operation of their Memberships. Each Member expressly agrees that their use of the Taranaki Rugby Membership is entirely at their own risk. However, nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy conferred on a party by the New Zealand Consumer Law or any other applicable law that cannot be excluded, restricted or modified by this Agreement.
19.2 To the fullest extent permitted by law, Taranaki Rugby disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose or warranties concerning accuracy, currency or completeness. Taranaki Rugby will not be liable for any damages of any kind arising from the use of a Member’s Membership or attendance at any match, event or functions run by Taranaki Rugby.
PRIVACY NOTIFICATION
Taranaki Rugby respects the privacy of the individuals on whom Taranaki Rugby collects, uses, discloses and holds personal information.
Taranaki Rugby comply with their Privacy Policy in accordance with the New Zealand Privacy principles set out in the Privacy Act 2020. This Taranaki Rugby Privacy Policy is available to view at HERE.
Taranaki Rugby uses the personal information it collects on the Membership Application for the limited purpose of processing and administering your Membership and providing you with information, materials and promotions relating to Taranaki Rugby.
If you have any concerns regarding the collection or use of your personal information, please contact Taranaki Rugby Privacy Officer by EMAIL.
GENERAL
21.1 Unless otherwise specified in these Terms and Conditions, Taranaki Rugby Membership does not provide access to additional events or activities for Taranaki Rugby unless stipulated in the membership benefits summary.
21.2 If there is any inconsistency between information in the Taranaki Rugby Membership offer or the Membership Application and these Terms and Conditions, then these Terms and Conditions will prevail to the extent of that inconsistency.
21.3 Failure by Taranaki Rugby to enforce any of its rights under this Agreement at any time for any period will not be construed as a waiver of those rights.
21.4 Where a provision in the Agreement is deemed to be invalid or unenforceable by a Court of Law in New Zealand, the provision will be deleted from the Agreement but such deletion will not affect the validity and enforceability of the remaining provisions in the Agreement.
21.5 Taranaki Rugby may send notices and correspondence to your last e-mail address or postal address known to us unless you have notified us of a change of the relevant address before we send the notice or correspondence.
21.6 We may change any provision of this Agreement if we give you at least 28 days’ notice of the change and opportunity to terminate your membership before the change takes effect. Other than as provided elsewhere is this Agreement, we won’t make a change to this Agreement that takes effect during the current season unless it relates to a matter over which we have little or no control.
COVID-19 SPECIFIC TERMS AND CONDITIONS
22.1 If you are attending the event as part of a group, as the primary account holder, you are responsible for knowing the contact details of all attendees in your group. In the event you are contacted directly by the Government, including the Department of Health for the purposes of contact tracing, you must: (a) make the contact details of your group available to the Government (if you have the consent of each group member to do so); or (b) contact each member of your group, and request that they provide their contact details to the Government directly.
22.2 All attendees in your group, including yourself, must commit to stopping the spread of COVID-19. If at the time of the event, either you, or any other members of your group are feeling unwell or are subject to a self-quarantine or self-isolation period, you agree not to attend the event.
GOVERNING LAW
The Agreement is governed by the law in force in New Zealand.
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