The Centre Terms of Use

These Terms of Use (the Terms) set out the terms and conditions that apply to your use of The Centre’s website and/or services (the Website), made available by Auckland Council.  These Terms do not apply to your use of any other website or services provided by Auckland Council or any of its other business units.

By accessing the Website, you accept and agree to be bound by these Terms. If you don't agree with these Terms, then you must not use or register with the Website.

Important terms

These Terms are legally binding and it's important that you read them in full. However, there are a few particularly important pieces of information you need to know:

The Website provides a platform for people seeking information about events and activities taking place across the Auckland region in arts, community and events venues supported by Auckland Council. In these Terms, a "User" refers to any person using the Website.

The Website hosts information about a range of activities and events delivered by Auckland Council as well as by its arts and community partners and venue hirers.

We are not a party to, and are not liable for the performance of, any event or activity, nor do we supervise, direct or control any event or activities hosted by arts and community partners or venue hirers at one of Auckland Council’s portfolio of arts, community and events venues.

By registering an account with us, you represent and warrant that you are at least 18 years of age and are otherwise capable of entering into binding contracts.

Our Privacy Policy applies to the collection, storage, use and disclosure of any personal information you submit to us and forms part of these Terms. You should read our Privacy Policy carefully.

If you have any questions about these Terms, the practices of the Website, or if you would like to give us feedback or notice, you can contact us at thecentre@aucklandcouncil.govt.nz.

1. Account registration

1.1 You must create an account to obtain the full benefit of the Website's features and services (Account). Your Account is personal to you and may not be accessed by any other person. You are fully responsible for all activities that occur under your Account.

1.2 You warrant that any personal information you provide us, such as your full legal name and email address when registering for an Account, is complete, accurate, up to date and not misleading, and you agree to maintain and promptly update your Account to ensure it is kept current at all times.

1.3 We will take reasonable precautions to keep your Account secure and protect it from unauthorised access, however you agree that we are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests you submit to the Website and that we may do so without further enquiry.

1.4 You agree to keep your log in details and password secure and agree not to share your password with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation.

1.5 You acknowledge that transmissions over the internet may not always be secure. You accept the risk that any information stored or transmitted on the internet or through email may be intercepted or subject to unauthorised access or fraudulent behaviour. If you think someone is accessing your Account without your consent or if you would like to report disclosure of your Account information, please contact us at thecentre@aucklandcouncil.govt.nz.

2. How you should use the website

2.1 You agree to only use the Website in a way that complies with all applicable laws and regulations, that does not infringe our rights or any third party's rights, and that does not inhibit or restrict other users' enjoyment of the Website.

2.2 Without limiting clause 2.1, in particular, you agree not to:

(a) damage or harm the Website, or any underlying or connected network or system;

(b) use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access, copy, duplicate or reproduce the Website or content featured on it for any purpose; introduce any viruses, content or code to the Website that is technologically harmful; or do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack;

(c) use the Website to do anything unlawful, misleading, deceptive, malicious, or discriminatory, or likely to mislead or deceive;

(d) facilitate or encourage any violations of these Terms; or

(e) use the Website for any purpose other than providing information, or finding information, about an activity or event being held by Auckland Council or its community organisers and venue hirers, or attempt to do any of the above.

2.3 We are not obliged to monitor your use of the Website (including any content included in Profiles). However, we may remove, modify or decline to register any Account or Profile, if we, in our sole discretion, consider it contains information that is inappropriate or otherwise in breach these Terms.

2.4 You are responsible for all activity resulting from your use of the Website. You indemnify us, and will keep us indemnified, against all forms of liability, action, proceeding, demand, cost, change and expense which we may incur, be subject to or suffer as a result of your use of the Website in breach of these Terms.

2.5 Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms, we may:

(a) limit your activities on the Website;

(b) warn other Users of your actions;

(c) issue a warning to you;

(d) suspend or cancel your Account or your access to the Website;

(e) co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any content in breach of these Terms; and/or

(f) disclose your identity and any other information we hold about you to any law enforcement authority if we reasonably believe this disclosure is necessary to avoid prejudice to the prevention of any offence.

3. Intellectual property rights

3.1 We (and our licensors or suppliers, as the case may be) own all intellectual property rights existing in the Website, including all of the content of the Website (such as text, graphics, logos, icons and sound recordings), all software code underlying and forming part of the Website and any improvements, enhancements, modifications or adaptions to the Website.

3.2 Unless you have received our prior written permission, you agree not to, and will not permit or encourage any third party to:

(a) adapt, reproduce, modify, reverse-engineer, decompile, distribute, print, display, perform, publish or create adaptations from any part of the Website; or

(b) commercialise, copy or on-sell any information or materials obtained from any part of the Website.

3.3 You may view, save, copy and print any part of the Website (including the content of the Website) for your personal use only. You must obtain written permission from us to otherwise use, copy, modify, or distribute any part of the Website (including the content of the Website) in any way. If you wish to use any third party material identified as such on the Website you must obtain the prior consent of the relevant owner. If you would like permission to use any part of the Website (other than saving, copying and printing any part of the Website for personal use), please contact us at thecentre@aucklandcouncil.govt.nz. You may not publish or use the Website's brand, branding or logos without our prior written permission.

3.4 We do not claim ownership of any intellectual property rights in relation to the information or content you upload to the Website, however you grant us a royalty free, transferable, sub-licensable, perpetual licence to use, copy, distribute or disclose it for the purposes of operating the Website and as otherwise set out in our Privacy Policy. You are responsible for any information or content you upload or otherwise submit to or communicate via the Website.  You warrant that: (a) all content uploaded via the Website is accurate, correct, up to date and not misleading or deceptive; (b) you will immediately update any content uploaded or controlled by you on the Website if it becomes inaccurate, incomplete or misleading or deceptive; and (c) you have all necessary rights to provide the content you upload to the Website and grant the licence under this clause and indemnify us for any losses, damages, claims, liabilities or costs we incur under or in connection with a breach of this warranty (including any third party claims).

3.6 Feedback: We welcome your feedback and ideas on how to improve the Website. If you choose to submit your ideas, you agree that we are free to use them, without any further obligation to you, and that you will not have rights to any intellectual property that may be generated as a result.

3.7 Third-party links: the Website may enable you to access other applications and websites. Even though these applications and websites are accessible through the Website, they are not owned and controlled by us (and these Terms will not apply to your use of them). Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply that we endorse or verify such websites. Accordingly, we are not responsible or liable for any loss or damage incurred by you as a result of your access to those applications and websites.

3.8 No links may be made to this Website without Council’s prior written consent.

4. Disclaimers

4.1 Website: The Website is provided on an "as is" and "as available" basis and use of it is at your sole risk. To the maximum extent permitted by law we disclaim and exclude all implied conditions and warranties. To avoid doubt, to the maximum extent permitted by law, we do not warrant that: (a) the Website will meet your specific requirements; (b) the Website will be uninterrupted, timely, secure, or error free; (c) the results that may be obtained from the use of the Website will be accurate or reliable; (d) the quality of any products, services, information or other material obtained by you through the Website will meet your expectations; or (e) any errors on the Website will be corrected.

4.2 All care has been taken to ensure the accuracy of the information provided by us on this Website is accurate and current. However, to the maximum extent permitted by law, Council cannot accept any responsibility or liability for any errors or omissions.  Without limiting the foregoing, we do not review content uploaded by arts and community partners or venue hirers, so cannot warrant its accuracy or completeness. Please check with the respective activity organiser directly for any up-to-date or specific information about product and service availability. To the maximum extent permitted by law, Council does not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on this website. Council is not responsible or liable for any loss of content or material uploaded or transmitted through this website.

4.3 Without limiting the foregoing, if you are in "trade" as defined in the Fair Trading Act 1986, you and we agree to contract out of sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986.

4.4 If you are a "consumer" as defined in the Consumer Guarantees Act 1993, you may have certain rights and remedies that cannot by law be limited or excluded ("Non-excludable Guarantees"). Nothing in these Terms will be read or applied so as to exclude, restrict or modify any Non-excludable Guarantees, however, to the extent permitted by law, our liability is limited to the statutory remedies (if any) available for breach or failure to comply with the Non-excludable Guarantees. 

5. Termination

5.1 You can cancel your Account at any time by emailing us at thecentre@aucklandcouncil.govt.nz.

5.2 We reserve the right to decline to register, suspend, or cancel your Account and your use of the Website if we consider (in our absolute discretion) that you have breached any of these Terms. If you have registered under multiple aliases, all of these aliases will be disabled. If we suspend or cancel your account, you must not create another one without our prior written approval.

5.3 All of your data and content may be deleted from our systems immediately upon cancellation of your Account. This content cannot be recovered once your Account is cancelled. We are not liable for any loss or damage following, or as a result of, the cancellation of your Account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

6. Limitation of Liability

6.1 We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of, or the inability to use, the Website.

6.2 We may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Website. The acts and omissions of those third party suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.

6.3 In any event, you agree that our total liability under these Terms or in connection with the Website will not exceed NZ$100 in any circumstances.

6.4 The above limitations apply to the extent permitted by law and are subject to clause 4.4 above.

7. General provisions

7.1 We can amend these Terms at any time. Amendments to the Terms will be effective immediately when posted on the Website. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use the Website, you agree to be bound by the Terms as amended (whether or not you have received any amendments). You can always find the current version of the Terms here thecentre.co.nz/terms_and_conditions.

7.2 From time to time, we may issue an update to the Website which may add, modify and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.

7.3 These Terms are governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.

7.4 These Terms and our Privacy Policy constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us and you, in relation to these Terms or use of the Website.

7.5 If any provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is limited or eliminated to the minimum extent so that these Terms otherwise remain in full effect.

7.6 If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.

7.7 The headings used throughout these Terms are provided for your convenience and do not affect the meaning of these Terms.​​​​​​​