MOANA PASIFIKA - TICKETING TERMS AND CONDITIONS
1 INTRODUCTION
1.1 Please read these Terms carefully before purchasing a ticket. By purchasing a ticket, you agree to be bound by these Terms.
1.2 Moana Pasifika provides ticketing services including the sale and distribution of tickets for Events.
1.3 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.
1.4 These Terms relate both to the sale of tickets and attendance at Events and apply to the original purchaser and any subsequent ticketholders (“you” or “your”).
1.5 We may vary these Terms from time to time by putting varied terms on our website. Tickets ordered after the date of the publication of the varied terms will be subject to the variation and the placing of the order shall be deemed to be an acceptance of such varied Terms.
2 PURCHASE OF TICKETS
2.1 All ticket prices for Events that occur in New Zealand are stated in New Zealand Dollars.
2.2 When you purchase a ticket for an Event, Moana Pasifika will be handling the transaction and collecting payment using a third party (Flicket) software. Moana Pasifika are not liable to you for any failure to purchase a ticket via the Moana Pasifika website.
3 SUPPLY OF TICKETS
3.1 Ticket purchases are not complete or accepted by Moana Pasifika until payment has been received and an order number has been issued.
3.2 When purchasing tickets for an Event, you may be limited to a specified number of tickets. If you exceed the stated ticket limit, you may have any or all of your orders and tickets cancelled without notice by Moana Pasifika at its discretion. This includes orders associated with the same name, email address, billing address, credit card number or other information. Ticket limits apply to ensure fair access to tickets for all fans, and as a measure to minimise ticket scalping.
3.3 While Moana Pasifika take all reasonable care to ensure that tickets are correctly priced and only available for sale when intended, sometimes errors may occur. Moana Pasifika may cancel an order as a result of any such error. In the case of a pricing error, Moana Pasifika will endeavour to contact you to give you the option of purchasing the ticket at the correct price.
4 COLLECTION & DELIVERY OF TICKETS
4.1 If purchasing online, you must allow adequate time for collection or delivery of tickets. Methods of collection and/or delivery will be available when choosing your collection/delivery details. Where concessions are applicable, suitable and valid identification must be provided when collecting tickets and at the Event.
4.2 Moana Pasifika will only replace lost, stolen, damaged or destroyed tickets if the authenticity of the ticket can be verified, including proof of purchase, on reasonable notice before the Event. Moana Pasifika may charge a reasonable fee for the replacement of tickets. Moana Pasifika may not replace tickets where seating is unallocated.
5 ENTRY TO EVENTS
5.1 Tickets may not be on-sold, offered for resale at a premium (including via on-line auction or other authorised 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 the prior written consent of Moana Pasifika. In granting such consent, Moana Pasifika 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 tickets have been dealt with in breach of this clause.
5.2 Entry into an Event may be refused if the authenticity or validity of the ticket is questionable, for example if the ticket has been damaged or defaced in any way, or has not been purchased from Moana Pasifika or another authorised point of sale.
5.3 Admission to an Event is also subject to any applicable Stadium Terms. The Stadium Terms for may be found at https://www.aucklandstadiums.co.nz/visitor-info/conditions-of-entry & https://www.northlandeventscentre.co.nz/conditions-of-entry . In particular:
(a) you may be denied entry into, or removed from, an Event where there are reasonable grounds to do so, including if you breach these Terms, Stadium Terms or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the Event by others; and
(b) you may be required to submit to a search of your person and/or possessions before entering the Event.
7 CANCELLATIONS & REFUNDS
7.1 Except as set out in clause 7.2 and 7.3, Moana Pasifika will not refund payments made by you for tickets under any circumstances, including:
(a) The non-appearance of a particular person, group, 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) Any change in your personal circumstances ;
(f) Any other circumstances beyond the reasonable control of Moana Pasifika.
7.2 Moana Pasifika may give you a full refund if:
(a) the entire Event is cancelled and cannot be rescheduled; or
(b) an error is made and the reserved seat for a ticket is unavailable,
in which case, subject to clause 7.5, Moana Pasifika will:
(a) exchange the ticket for a ticket to the next Event; or
(b) subject to a refund request being received by Moana Pasifika in accordance with clause 7.6, refund the ticket price (less any applicable expenses such as credit card charges).
7.3 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 other reason whatsoever.
7.4 If clause 7.2 applies to a ticket and the ticket was purchased via a Moana Pasifika season membership, then the following shall apply:
(a) the ticket may be exchanged for entry to the next Event; and
(b) in the circumstance that more than half of the Events (in the season to which the season membership relates) are cancelled, Moana Pasifika will refund the season member the proportion of the membership fee for the Events that have been cancelled, less all reasonable costs and expenses (including booking fees, credit card fees, courier fees, advertising costs, reward programme costs, stadium charges etc).
7.5 For all tickets, email ticketing@moanapasifika.co.nz with your contact details, and all ticket transaction information. If you are eligible for a refund, Moana Pasifika will make the refund payment to the credit card that the tickets were purchased with. If the credit card you used to purchase has expired, please note this in the email and a Moana Pasifika representative will contact you for new details. If you purchased a ticket using EFTPOS or cash then please provide bank details so Moana Pasifika can refund you directly. Please do not provide credit card details by email. Proof of purchase will be required for any refund or exchange.
7.6 Subject to consumer legislation, no refunds for tickets will be given if a refund request is made more than 2 months from the date the Event was scheduled.
7.7 Timing for refunds may vary during periods of high demand. Moana Pasifika will endeavour to provide you with a refund within the following timeframes:
(a) within 10 business days from the date that Moana Pasifika confirm to you that you are entitled to a full refund; or
(b) within 15 business days from the date that Moana Pasifika confirm to you that you are entitled to a partial refund.
8 PRIVACY
8.1 You acknowledge that we will collect, use, share and store Personal Information in accordance with our Privacy Policy and the Privacy Laws.
8.2 You acknowledge and agree you consent to the collection, use, disclosure, storage and processing of your Personal Information in accordance with these Terms and our Privacy Policy.
8.3 If you are providing us with Personal Information about another person, then you must obtain all consents and approvals necessary at law from the relevant individual to enable us to collect, use, disclose, hold and process their Personal Information in accordance with these Terms and our Privacy Policy.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 You acknowledge and agree that all Intellectual Property Rights created or devised by us in connection with the provision of the Tickets, 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 and 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.
9.2 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.
10 LIABILITY & WARRANTIES
10.1 We will not be in breach of any of our obligations to you under these Terms because of any failure on our part directly or indirectly due to a cause beyond our reasonable control, including a Force Majeure Event.
10.2 To the fullest extent permitted by law, Moana Pasifika is not liable to you for any consequential losses or damages, indirect loss or any economic loss or loss or profits arising under or in connection with these Terms and/or the supply of the tickets (whether in contract, tort or otherwise).
10.3 To the fullest extent permitted by law, Moana Pasifika will not be liable for any loss or damage (including indirect or consequential loss or damage) suffered as a result of, or arising from, or in any way connected to the cancellation, postponement or change to an Event (or any part of an Event).
10.4 Moana Pasifika provides no warranties (express or implied), including any implied warranties of merchantability and fitness for a particular purpose. However, nothing in these terms limits Moana Pasifika liability for any breach under the Consumer Guarantees Act 1993.
11 INDEMNITY
11.1 You agree to indemnify and hold Moana Pasifika and its affiliates harmless from any loss, liability, claim or demand, arising out of your breach of these Terms.
12 GENERAL
12.1 Moana Pasifika make no representation or warranty of any kind in relation to the quality, content, or duration of any Event.
12.2 Moana Pasifika and other organisers of an Event reserve the right to add, withdraw, substitute any players, performers, or activities associated with the Event.
12.3 You are not guaranteed an uninterrupted and/or uninhibited view of the Event from your provided position.
12.4 You must not assign or transfer all or any part of your rights or obligations under these Terms without our prior written consent. We may assign any rights or obligations or subcontract any obligations to third parties without your approval.
12.5 The illegality, invalidity or unenforceability of any provision of these Terms will not affect the legality, validity or enforceability of another provision.
12.6 No waiver of any provision of these Terms will serve as a waiver of any other provision of these Terms and we will not have waived or be deemed to have waived any provision of these Terms unless such waiver is in writing and executed by us.
12.7 These Terms 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.
12.8 Please contact us on memberships@moanapasifika.co.nz if you have any comments, questions or complaints about the services we provide or these Terms.
13 DEFINITIONS
Event means a Moana Pasifika rugby home game held at Go Media Stadium, North Harbour Stadium, Semenoff Stadium, Auckland or other locations as applicable.
Flicket means Flicket Limited.
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 Moana Pasifika or you), and act of God.
Including means including without limitation.
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.
Moana Pasifika/we/our/us means Moana Pasifika Limited.
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 the Moana Pasifika about someone else.
Privacy Policy means the privacy policy on our website at https://moanapasifika.co.nz.
Privacy Laws means the Privacy Act 2020 and successor legislation.
Stadium Terms means the terms and conditions applicable to any stadium where an Event is held.
Terms means these Terms and Conditions.
You, your means the original purchaser of the tickets and any subsequent ticketholder.