www.sanfran.co.nz is the website owned and operated by Live Nation Australasia Pty Ltd (“our”, “us” and “we”). Our registered office is at Level 12, Freshwater Place, 2 Southbank Boulevard, Southbank, Victoria, 3006 and our ABN is 47 142 914 378. www.sanfran.co.nz is operated for us by Live Nation (Music) UK Ltd, which is a company registered in England and Wales with registration number 02409911. Its registered office is 2nd Floor, Regent Arcade House, 19-25 Argyll Street, London W1F 7TS, and its VAT number is 489 7987 40. Our UK postal address is 2nd Floor, Regent Arcade House, Argyll Street, London, W1F 7TS. email@example.com is our email address. San Fran is our trading name.
1. YOUR OBLIGATIONS
1.1 You will not:
(a) use the Website (or any part of it) for any illegal purpose and you shall use it in accordance with all relevant laws;
(b) upload or transmit through the Website (whether by way of User Submission (as defined below) or otherwise):
(i) any computer viruses, macro viruses, trojan horses, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or
(ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
(c) use the Website in a manner which:
(i) may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired or
(ii) violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, rights of confidentiality or rights of privacy);
(d) create or publish a hypertext link to any part of the Website or attempt any unauthorised access to any part or component of the Website;
(e) copy or distribute any part of the Website in any medium without our prior written consent; or
(f) alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
1.2 You agree that in the event that you have any right, claim or action against any end user of the Website arising out of that end user’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
1.3 You may only use the Website for your personal and non-commercial use.
2. OUR RIGHTS
2.1 We reserve the right to:
(a) modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
(b) change these Conditions from time to time. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. While we will endeavour to provide notice on the Website prior to and after any change, it is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website; and/or
(c) monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
2.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. Subject to clause 8.8, if it applies in the particular case, you will not be eligible for any compensation because you cannot use any part of the Website because of a failure, suspension or withdrawal of all or part of the Website for any reason.
3. YOUR PERSONAL INFORMATION
We respect your Personal Information and shall deal with it in accordance with our Privacy Statement and applicable New Zealand Privacy legislation in place from time to time (including the Privacy Act 2020). Please click here to review our Privacy Statement.
4. LINKS TO OTHER WEBSITES
We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
In order to use some parts of the Website, you may need to create an account. You must never use another Website user’s account without obtaining their prior consent. You must provide full and accurate information when you create your account with us. You are solely responsible for the activity that occurs on your account, and so we suggest that you keep your account password secure. You must notify us immediately if you are aware of any unauthorised use of your account.
6. USER SUBMISSIONS
6.1 We may now or in the future allow the submission to the Website of videos and/or other communications or materials by users of the Website (collectively “User Submissions”). User Submissions must comply at all times with these Conditions and with any separate terms and conditions relating to such User Submissions that we may publish on the Website from time to time.
6.2 By submitting User Submissions to the Website you hereby grant:
(a) to us, an irrevocable, perpetual, non-exclusive, transferable, royalty free, worldwide right and licence (with the right to grant sub-licences) to use, copy, modify, host, aggregate, share, prepare derivative works of, syndicate, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Submissions (and otherwise communicate such User Submissions to the public) through any media now known, or hereafter developed (including, without limitation, websites other than the Website), for any purpose whether commercial, advertising or otherwise; and
(b) to each user of the Website, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, licence to access the User Submissions through the Website subject to the restrictions set out in clause 10.3 of these Conditions.
6.3 By submitting User Submissions to the Website you warrant, represent and undertake to us that:
(a) you have full power and authority to grant the rights and licences relating to the User Submissions set out in these Conditions; and
(b) the User Submissions you submit:
(i) do not infringe any third party’s intellectual property rights (including without limitation copyright and/or trade marks rights), other proprietary rights or rights of publicity or privacy;
(ii) do not violate any law, statute, ordinance or regulation;
(iii) are not defamatory, libellous, unlawfully threatening or unlawfully harassing;
(iv) are not obscene or pornographic; and
(v) do not violate any laws regarding misleading or deceptive conduct, anti-discrimination or false advertising.
6.4 We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and, subject to clause 8 below, we expressly disclaim any and all liability in connection with User Submissions. We do not condone copyright infringing activities or any infringement of any other intellectual property rights on the Website. We reserve the right to remove any User Submissions without notice for any reason in our absolute discretion, including, without limitation, breach of the User Submission Conditions and/or breach or suspected breach of any intellectual property rights.
6.5 You acknowledge that when using the Website, you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and, to the extent permitted by law, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto (subject to clause 8 below).
6.6 If you believe any of the User Submissions on the Website are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us.
We take our responsibility for making accessible web content and software seriously. We are committed to ensuring accessibility for people with disabilities and to meeting current accessibility standards. Many Internet users with disabilities find websites difficult to use simply because of the way they are designed. We are in the process of reviewing and redesigning our websites to be as accessible as possible and to be compatible with the types of adaptive technology used by people with disabilities, including screen readers.
8. LIMITATION OF LIABILITY
8.1 WHILST WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, TO THE EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
8.2 To the extent permitted by law, the Website is provided on an “as is” and “as available” basis for your information and personal use only without any representation or endorsement and, unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
8.3 To the extent permitted by law and unless specified in separate terms and conditions related to a particular product or service:
(a) we make no warranty that:
(i) the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads)will meet your requirements or will be uninterrupted, timely, secure or error-free;
(ii) defects will be corrected, or that the Website or the server which makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable; and
(b) we will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
8.4 Nothing in the Conditions is intended to, or will, have the effect of excluding, limiting or modifying any term or condition that is implied into the Conditions by legislation, including by the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, and that cannot lawfully be excluded limited or modified.
8.5 You acknowledge that we cannot guarantee and therefore, to the extent permitted by law, we shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you except to the extent that any breach of security or privacy arises directly from any negligent or wilful act or omission by us.
8.6 To the extent permitted by law, we will not be liable in contract, tort (including, without limitation, negligence) or otherwise for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) loss of data or use of data; or
(d) any other special or indirect or consequential losses, howsoever arising and in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
8.7 Nothing in these Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit or other liability that cannot be excluded or limited under applicable legislation.
8.8 Certain terms, conditions or warranties that cannot be excluded, restricted, or modified, or that may only be excluded, restricted or modified to a limited extent only may be implied or incorporated by statute into these Conditions (Mandatory Terms). Our liability for breach of a Mandatory Term is limited, at our option, to, if the breach relates to the supply of goods, the repair or replacement of the goods or the cost of repairing or replacing the goods or, if the breach relates to the supply of services, to the resupply of the services or the cost of resupplying those services, as the case may be.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT OR ANY OTHER LIABILITIES INCURRED BY US ARISING OUT OF YOUR USE OF THE WEBSITE (INCLUDING WITHOUT LIMITATION, ARISING FROM USER SUBMISSIONS SUBMITTED BY YOUR OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT), OR ANY USE OF THE WEBSITE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.
10. INTELLECTUAL PROPERTY AND RIGHT TO USE
10.1 You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us under these Conditions.
10.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may print off one copy, and may download extracts of, any page(s) from the Website for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, broadcast, sell, license, display, distribute, commercially exploit or create derivative works of such material and content.
10.3 Except for Personal Information (as defined in our privacy statement), any information you submit to the Website, whether by way of comment, any chat room function or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Conditions.
10.4 We reserve all rights not expressly granted in and to the Website and the content in the Website.
11.1 You may send us notices under or in connection with these Conditions by email to firstname.lastname@example.org.
11.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which we will aim to send to you within 5 working days of our receipt and should be retained by you.
12.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
12.2 These Conditions (as amended from time to time) contain the entire agreement and understanding between you and us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between you and us relating to such matters. No oral explanation or oral information given by either you or us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions. However, nothing in these Conditions purports to exclude liability for any fraudulent statement or act.
12.3 These Conditions will be exclusively governed by and construed in accordance with the laws of New Zealand, whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions. The Website is controlled by QPAM Limited. We make no representations that the Website is appropriate or available for use in countries other than New Zealand.