The websites techweek.co.nz and discussion.techweek.co.nz are operated by the New Zealand Technology Industry Association Incorporated (NZTech). We are a not-for-profit New Zealand incorporated society.
For the purpose of this document, techweek.co.nz and discussion.techweek.co.nz are referred to as the Websites.
Techweek is an inclusive, friendly and progressive space in which to discover and discuss NZ technology, design and innovation that’s good for the world. All participants, event hosts, speakers, partners and volunteers at Techweek are required to agree to the following code of conduct.
Techweek is an initiative that welcomes all people and we expect all event hosts and participants to treat each other with respect and kindness, regardless of gender, sexual orientation, ethnicity, age, religion, physical ability, political beliefs or appearance. We expect Techweek event hosts and participants to act with integrity and in a collaborative manner that builds trust, and to respect the environment they are holding and attending events in. This is a place for collective enthusiasm, excitement and curiosity and we will not tolerate behaviour that runs counter to these values.
If we witness behaviour that is inappropriate or at odds with the spirit of Techweek, we reserve the right to ask those involved to leave any event(s), and to restrict their attendance at future Techweek events. We expect everyone to follow these rules at any Techweek event in the lead up to and during Techweek.
1. APPLICATION OF TERMS
1.1 These Terms apply to your use of the Websites. By accessing and using the Websites:
a) you agree to these Terms; and
b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Websites, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Websites. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Websites, you agree to be bound by the updated Terms.
2.2 We may change, suspend, discontinue, or restrict access to the Websites without notice or liability.
2.3 These Terms were last updated on 14 January 2021.
In these Terms:
Including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
Personal information means information about an identifiable, living person.
Underlying System means any network, system, software, data or material that underlies or is connected to the Websites.
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Websites.
We, us or our means Techweek NZ.
Websites means www.techweek.co.nz and discussion.techweek.co.nz.
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4. YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b) immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to email@example.com
4.3 You must:
a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Websites or any Underlying System, or otherwise attempt to damage or interfere with the Websites or any Underlying System; and
b) unless with our agreement, access the Websites via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4 You indemnify us against all Losses we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Websites by using your User ID.
5. INTELLECTUAL PROPERTY
We (and our licensors and event partners) own all proprietary and intellectual property rights in the Websites (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a) the Websites being unavailable (in whole or in part) or performing slowly;
b) any error in, or omission from, any information made available through the Websites;
c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Websites. To avoid doubt, you are responsible for ensuring the process by which you access and use the Websites protects you from this; and
d) any site linked from the Websites. Any link on the Websites to other sites does not imply any endorsement, approval or recommendation of, or responsibility for those sites or their contents, operations, products or operators.
6.2 We make no representation or warranty that the Websites is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Websites is not illegal or prohibited, and for your own compliance with applicable local laws.
7.1 To the maximum extent permitted by law:
a) you access and use the Websites at your own risk; and
b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Websites, or your access and use of (or inability to access or use) the Websites. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Websites, or your access and use of (or inability to access or use) the Websites, must not exceed NZD100.
8. EUROPEAN UNION AND EUROPEAN ECONOMIC AREA RESIDENTS’ RIGHTS
8.1 In addition to the rights set out in paragraph 8 above, the General Data Protection Regulation 2016/679 (“GDPR”) provides individuals within the European Union and the European Economic Area with enhanced rights in respect of their personal data. These rights may include, depending on the circumstances surrounding the processing of personal data (and except as limited under applicable law):
a. Right of Access: the right to be informed of and request access to the personal data we process about you;
b. Right to Rectification: the right to request that we amend or update your personal data where it is inaccurate or incomplete;
c. Right to Erasure: the right to request that we delete your personal data;
d. Right to Restrict: the right to request that we temporarily or permanently stop processing all or some of your personal data;
e. Right to Object:
i. the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
ii. the right to object to your personal data being processed for direct marketing purposes;
f. Right to Data Portability: the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
g. Right not to be subject to Automated Decision-making: the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
8.2 Note that we may need to request additional information from you to validate a request relating to the exercise of any of the rights above.
9. SUSPENSION AND TERMINATION
9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Websites (or any part of it).
9.2 On suspension or termination, you must immediately cease using the Websites and must not attempt to gain further access.
10.1 If we need to contact you, we may do so by email or by posting a notice on the Websites. You agree that this satisfies all legal requirements in relation to written communications.
10.2 These Terms, and any dispute relating to these Terms or the Websites, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Websites.
10.3 For us to waive a right under these Terms, the waiver must be in writing.
10.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5, 6, 7, 10.1, continue in force.
10.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
10.6 These Terms set out everything agreed by the parties relating to your use of the Websites and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Websites that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
Please read these Terms and Conditions (Terms) carefully if you are an event host, participant, sponsor or visitor to the Websites. By visiting the Websites, you agree to be bound by these Terms.
In this document the ‘Company’, ‘we’ and ‘us’ refers to New Zealand Technology Industry Association Incorporated, incorporated society number 2198280 (who is responsible for managing the Techweek Platform and brand).
COPYRIGHT AND USE
The information contained within the Websites (including programming scripts, graphics and logos) is the copyright of the Company (or, in respect of articles and other information provided by contributors, those contributors). You may use the Websites and the information contained within it for your own personal or internal business purposes only. You may make any copies of any information reasonably incidental to your viewing of this Websites and may retain a single permanent copy of that information for your personal reference. The information may not otherwise be used, copied, adapted, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part (except where by law such use cannot be prohibited) without the prior written approval of the Company (or, in respect of articles or other information provided by contributors, those contributors).
You agree that you will not hack, or attempt to hack into the Websites nor employ any robot, spider or other device or process to use the Websites for any unauthorised purposes. You agree that you will not take any action that imposes an unreasonably large burden on this Website.
The trademarks appearing on the Websites are primarily trademarks of the Company. Other trademarks displayed on the Websites are trademarks of their respective owners. Nothing contained on the Websites should be construed as granting any licence or right of use of any trademark displayed on the Websites without the express written permission of the Company.
Please read these Terms and Conditions (Terms) carefully before submitting an event (Event) to be a part of the Techweek programme. By submitting an Event through the Websites, you agree to be bound by these Terms.
Event hosts are responsible for the creation, marketing, ticketing and production of their own events. Event hosts are responsible for ensuring that all required health, safety and public liability insurance requirements at their events are met.
MARKETING AND PROMOTION
Photographs and/or audio/video recordings taken at Techweek events by Techweek, or others on behalf of Techweek, may include an attendee’s image, name, voice and/or likeness. By attending and/or participating in the Events, each attendee grants Techweek permission to use the attendee’s photograph, image, likeness, voice and statements for any purpose, including but not limited to commercial purposes, without compensation or credit to the attendee in any and all media now known or hereafter devised.
Listing fees must be paid through the Websites via the secure Stripe service provided by Stripe Australia Pty Limited (Stripe). Events will only be published on the Websites once the Listing Fee has been paid.. All credit card and debit card payments are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment for a Listing Fee, the payment will not be processed. If the applicable Listing Fee is not paid, the event will not be published on the Websites until payment has been received by us in full.
All payments are processed by Stripe and we do not keep a record of your credit card or debit card number for payment purposes. You acknowledge and agree that we are not involved in the processing of any payment transaction between you and Stripe and Stripe’s own terms and conditions apply to each payment. Stripe may not accept all types of credit and debit cards and may only accept credit and debit cards issued by service providers specifically identified by Stripe. You should ensure you are familiar with all Stripe terms and conditions before you submit any payment through Stripe. To the extent legally permitted, in no event will Techweek be liable to any party for any Losses in any way connected to, related to or arising from any payment transaction you enter into with Stripe.
CUSTOMER SERVICE POLICY
As an Event host and part of the Techweek programme, you are required to abide by the following customer services policies;
All participant bookings made through the Websites will be confirmed in writing within seven days of receipt of payment.
All Event changes will be made known to participants within a timely manner directly by the Event Host.
All participant bookings are to be managed directly by the Event Host through their selected ticketing provider.
If your Event sells out, please let us know directly through firstname.lastname@example.org.
Any data collected about your participants follow the Privacy Terms laid out below. If you require further use of the information, you are required to inform Event participants of the additional privacy details.
Techweek cannot be held responsible for any Events that fail to meet our Customer Services guidelines.
CANCELLATION, TRANSFERS AND REFUND POLICY
Should you wish to cancel your Event and transfer the Listing Fee to another event (which you are hosting), you may do so at no charge if the Event has not yet been published on the Techweek website. Transfers will need to be processed by the Techweek team (activated by emailing email@example.com) who reserve the right to decline a transfer if it does not meet these parameters.
If you wish to cancel your event after having paid the Listing Fee in full, a 50% refund will be given to cancellation requests received before 5pm (NZT) 23 May 2021. No refunds will be processed after this date.
If you cancel or amend an Event which already has registrations against it, it is your responsibility to communicate the change to your participants. Techweek takes no responsibility for participants who are not notified of these changes.
If a Force Majeure Event prevents the Organisers from holding the event on the scheduled date, the Organisers reserve the right to re-schedule the event to another date. In selecting the rescheduled date, the Organiser will select a date that suits as many stakeholders as possible.
Techweek is unable to offer refunds for tickets purchased to Techweek events under any circumstances. If seeking a refund, attendees must refer to the refund policy of the relevant event organiser.
WARRANTIES LIMITATION OF LIABILITY
In no event shall Techweek be liable to any attendees, or any other person or entity for any personal injury or damages to property, damages for loss of business profits or any other pecuniary loss, including any direct, consequential, incidental, special, punitive or similar damages, arising out of a person or entity’s involvement in a Techweek event.
Save for any warranties provided by Techweek in writing, no warranties are given in respect of the Websites or any Event and, to the extent permitted by law, all warranties, whether express or implied, and by statute or otherwise, are expressly excluded and we shall have no liability.
To the extent permitted by law we will not be liable for any loss or damage (including consequential loss or damage, loss of profits, loss of revenue or loss of savings) which may be suffered or incurred, or which may arise directly or indirectly in respect of your access to, or use of, or the unavailability of or your inability to use, the Websites or any Event, whether based in contract, tort, negligence, statute or otherwise.
Please read these Terms and Conditions (Terms) carefully before requesting to participate at a Techweek event (Event). By requesting to participate at an Event through the Websites you agree to be bound by these Terms.
We may collect personal information directly from you, or indirectly through your use of the Websites, in order to provide and promote Events and other services to you. You agree that we may retain and use such information for the purposes of facilitating your participation in Events and keeping you informed of developments or matters relating to Events to which you have subscribed. If you indicate that you wish to receive email, SMS or other communications from us and our third party sponsors, we may continue to use and disclose your personal information for marketing and promotional purposes. You may opt-out of receiving communications from us at any time by using the unsubscribe link, following the relevant instructions, or by emailing firstname.lastname@example.org.
CUSTOMER SERVICE POLICY
All bookings made through the Websites will be confirmed in writing within seven days of receipt of payment by the Event Host. If an Event is sold out or has changed from your original booking, please contact the Event Host directly in order to process a refund and/or change. Techweek takes no responsibility for any breaches in this policy. It is the responsibility of the Event Host to communicate any changes to you as a participant.
All event organisers are expected to run their even within the guidelines of the NZ Government and the Ministry or Health advise ensuring the safety of all participants
Should a health issue such as COVID cause events to be restricted or turned into fully virtual events it will be the responsibility of the event organisers to cancel or pivot their events to a fully digital event. It is Techweeks intention to run Techweek 21 in any environment safely within the NZ Government and Ministry of Health's regulations.
CANCELLATION, TRANSFERS AND REFUND POLICY
As each Event is managed and owned by individual Event Hosts, if you wish to cancel or transfer your attendance to an event, you should refer to the Event listing and ticketing system for cancellation, transfer and refund policies. You should contact the relevant Event Host, and not the Company, to ascertain applicable policies.
Event Hosts sit separately from the Techweek team, and as such, Techweek is not responsible for the delivery, quality and organisation of Events.
PAYMENTS AND SECURITY
All payments are processed via the ticketing provider (e.g. Eventbrite, Humanitix, iTicket, etc) for individual Events (even if payment is through a ticketing provider widget) and Techweek does not keep a record of your credit card or debit card number for payment purposes. You acknowledge and agree that Techweek is not involved in the processing of any payment transaction between you and the relevant ticketing provider for each Event and their own terms and conditions apply to each payment. Some ticketing providers may not accept all types of credit and debit cards and may only accept credit and debit cards issued by service providers specifically identified by the ticketing provider. You should ensure you are familiar with the relevant terms and conditions of each ticketing provider before you submit any payment. To the extent legally permitted, in no event will Techweek be liable to any party for any Losses in any way connected to, related to or arising from any payment transaction you enter into with a ticketing provider (e.g. Eventbrite, Humanitix, iTicket, etc) or the Event Host.
CONDITIONS OF ENTRY
Admission to Events is subject to the Techweek Code of Conduct, these Terms, and applicable terms and conditions of the Event Host.
You may be denied entry into, or removed from, an Event where the Event Host or Techweek has reasonable grounds to do so, including if you breach these Terms, the Techweek Code of Conduct or any applicable Techweek Event Terms, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the Event by others.
If you arrive late, you may not be admitted until a suitable break in the Event.
In some cases and only where advertised prior to the event, Event Hosts may forbid you from using cameras or other photographic or recording equipment (including mobile phones) during the Event.
You may be required to submit to a search of your person and/or possessions before entering an Event.
Photographs and/or audio/video recordings taken during an Event by Techweek or Event Host, or others on behalf of Techweek or Event Host, may include a participant’s image, name, voice and/or likeness. By attending and/or participating in an Event, each participant grants Techweek and NZTech permission to use the participant’s photograph, image, likeness, voice and statements for any purpose, including but not limited to commercial purposes, without compensation or credit to the participant in any and all media now known or hereafter devised.