Your access to and use of the Auckland FC website at https://aucklandfc.co.nz/terms/ (Website) is subject to these Terms of Use. These Terms of Use contain important information, including warranty disclaimers and limitations of liability. Your use of the Website in any way, including, without limitation, browsing the Website, using any information contained on the Website, submitting information to Auckland FC using the Website and making any purchases from Auckland FC on the Website, constitutes acceptance of these Terms of Use.
DISCLAIMER
The content on the Website is general and is provided for information purposes only.
In some cases, the content on the Website may incorporate or summarise views, guidelines or recommendations of third parties. Such content does not necessarily reflect the views of Auckland FC, nor does it necessarily indicate a commitment by Auckland FC to a particular course of action.
Auckland FC does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on the Website or its usefulness in achieving any purpose. You accept that content on the Website may include technical inaccuracies and typographical errors. Information on the Website should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquiries to verify the accuracy of the information provided.
LIMITATION OF LIABILITY
Auckland FC does not exclude any rights, remedies, conditions or warranties in respect of goods, services and the Website that under the Consumer Guarantees Act (NZ) (Act) cannot be excluded, restricted or modified and where the Consumer Guarantees Act (NZ) would apply to the relevant supply of the goods, services or access to the Website. However, Auckland FC does exclude all other rights, remedies, conditions and warranties in respect of goods, services and the Website arising under custom, law or statute which may be excluded. Subject to the consumer guarantees provided for in consumer protection legislation (including, where relevant, the Act) and to the fullest extent permitted by law:
- Auckland FC makes no warranties, either express or implied, regarding the Website, the content of the Website or any goods or services including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. Auckland FC does not warrant that your access to and/or use of the Website, the delivery of the Website or the content on the Website shall be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.
- Auckland FC will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access, any Website or any content on the Website, or any product or service.
- Auckland FC’s liability in respect of any product or service purchased from the Website is limited to the lesser of (i) the replacement of any product or service purchased; and (ii) the purchase price paid by you to Auckland FC for that product or service.
- Auckland FC is not liable to you or anyone else in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of an Auckland FC Site or a Third-Party Site.
INDEMNITY
You indemnify Auckland FC, its licensees and/or assignees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with any breach or alleged breach by you of these Terms of Use or any other legal obligation.
INTELLECTUAL PROPERTY
The Website and all content on the Website, including text, graphics, logos, photographs and images, are the exclusive property of Auckland FC or its content suppliers and protected by Australian, New Zealand and international copyright laws. The compilation of all such content is the exclusive property of Auckland FC and protected by Australian, New Zealand, and international copyright laws.
Subject to Part 11 of these Terms of Use, you must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing the Website, or any of our content, including text, photographs, logos, graphics, images, icons or other content published on the Website or in our printed media.
You agree that all of Auckland FC’s trade marks and other Auckland FC names, logos and brand features (both registered and unregistered), are the property of Auckland FC (Auckland FC Marks). Without Auckland FC’s express prior written consent, you agree not to display or use in any manner the Auckland FC Marks.
Using the Website does not give you any rights, title, interest or ownership in any intellectual property rights (including copyright) nor does it give you any proprietary rights to the content on the Website or any trade marks, logos or other proprietary graphics of Auckland FC.
USER RESPONSIBILITY FOR AUCKLAND FC ACCOUNT
If you choose to create a personal account on the Website (Auckland FC Account), you are entirely responsible for your log in details and password and must not share these with any third party.
You must notify Auckland FC immediately of any known or suspected unauthorised use(s) of your Auckland FC Account, or any known or suspected breach of security, including but not limited to unauthorised access to the Website or loss, theft or unauthorised disclosure of your password.
You are responsible for all usage or (activity on the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Auckland FC Account, at Auckland FC’ sole discretion, and Auckland FC may refer such conduct to appropriate law enforcement agencies.
USER LICENCE AND CONSENT
By submitting, uploading, posting or placing any information or other material on the Website (together, the Material) or accessing the Website, you grant to Auckland FC a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, sub-licensable, worldwide licence to use, copy, reproduce, adapt, communicate, transmit, broadcast, make available, publish, print, publicly perform or display the Material.
You warrant that the Material and its use does not infringe any copyright, trade mark, patent, design, privacy, confidentiality or any right of any party or any law.
You indemnify Auckland FC and any of its assignees or licensees from any claim, liability, loss or damage arising in respect of your breach or alleged breach of this warranty. You will procure that any author of Material, unconditionally and irrevocably, to the fullest extent permitted by law:
- waives in favour of Auckland FC and any of its assignees or licensees all of the author’s moral rights; and
- consents to any and all acts or omissions of Auckland FC and any of its assignees or licensees which would, but for this consent, infringe any of the author’s moral rights, in relation to all forms of works and other copyright subject matter (both existing and future) howsoever arising anywhere in the world in connection with the Material and its use. Where the law requires Auckland FC and any of its assignees or licensees to specify acts or omissions (or specified classes or types of acts or omissions) to which the author consents, you will procure the author’s consent to the following with respect to the Material:
- alteration of size, colour and shape;
- editing and adaptation, including use with other materials and the overlay or superimposition of other materials;
- digitisation, including communication to the public; and
- non-attribution of the author.
If requested by Auckland FC, you shall execute and deliver to Auckland FC any instruments or documents which Auckland FC believes are required to carry out any licence, waiver or consent.
PRIVACY
Your ‘Personal Information’ (as defined by the Privacy Act 2020) may be collected by Auckland FC if you choose to create an Auckland FC Account, provide information to Auckland FC through the Website or contact Auckland FC on or via the Website.
By using the Website, you agree that Auckland FC may collect, use, store or disclose your Personal Information collected by Auckland FC through the Website and that it will be handled in accordance with the Auckland FC Privacy Policy.
USE OF WEBSITE
You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Website. You also understand and agree that the Website may include advertisements and that these advertisements are necessary for Auckland FC to provide the Website.
MODIFICATIONS TO WEBSITE
Auckland FC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Auckland FC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website (or any part thereof).
THIRD-PARTY WEBSITES
The Website may contain links or references to Internet websites operated by third parties (Third-Party Sites). Auckland FC provides these links as a courtesy, and this should not be interpreted in any way as an endorsement of any Third-Party Site. Third-Party Sites are not under the control of Auckland FC and Auckland FC is not responsible for the content of any Third-Party Site. Auckland FC makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from Third-Party Sites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Auckland FC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website. When you use Auckland FC’ social media pages, you are using an external website and are bound by the terms and conditions of use of that website. Auckland FC encourages you to review the terms and conditions of the relevant social media websites.
LICENCE AND SITE ACCESS
Subject to your acceptance of these Terms of Use, Auckland FC authorises you to view, download and/or print a small number of copies of the content on the Website for your personal, non-commercial use, provided you retain all copyright and other proprietary notices on all such copies. Otherwise, no content on the Website may be reproduced, modified, republished, transmitted, displayed, performed, or distributed in any way without the express prior written consent of Auckland FC or as permitted by law.
You may not modify, sell, assign, or transfer the content of the Website or reproduce, display, distribute or otherwise use the content of the Website in any way for any public or commercial purpose or otherwise except as expressly permitted in these Terms of Use. Content on the Website is subject to change without notice at the discretion of Auckland FC.
TERMINATION
Auckland FC may terminate your access or membership to the Website at any time without prior notice to you. In the event that Auckland FC terminates your access to the Website, you are no longer authorised to access the Website, however, all restrictions imposed on you, licences granted by you and all Auckland FC’ disclaimers and limitations of liability contained in these Terms of Use will survive termination.
END USER TERMS REQUIRED BY APPLE
You acknowledge and agree that, if the Auckland FC App used by you is an iPhone application:
- These Terms of Use are between you and Auckland FC, and not Apple, Inc. (Apple);
- Auckland FC, and not Apple, is solely responsible for the Auckland FC App;
- Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Auckland FC App;
- subject to the consumer guarantees provided for in consumer protection legislation (including the Act), Apple will have no warranty obligation whatsoever with respect to the Auckland FC App;
- Apple is not responsible for any claims that you have arising out of your use of the Auckland FC App;
- Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claim that the Auckland FC App infringes that third party’s intellectual property rights;
- you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
- you must comply with the terms of any applicable third-party agreements when using the Auckland FC App; and
- Apple and its subsidiaries are third-party beneficiaries of these terms and conditions and, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third-party beneficiary.
END USER TERMS REQUIRED BY GOOGLE
You acknowledge and agree that, if the Auckland FC App used by you is an Android application supported by Google LLC (Google):
- you will contact Auckland FC if you experience any defects or performance issues in the Auckland FC App, and that Auckland FC (and not Google) will be responsible for undertaking or handling the support and maintenance of the Auckland FC App;
- Google may collect certain usage statistics from Google Play and the device used to access Google Play including, but not limited to, information on how the Auckland FC App, Google Play, and the device are being used; and
- Auckland FC is solely responsible for compliance worldwide with all applicable laws and other obligations with respect to the Auckland FC App.
WAIVER
Auckland FC’s failure to exercise or enforce any one or more of its rights under these Terms of Use will not constitute a waiver of its rights.
SEVERABILITY
If any part of these Terms of Use are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms of Use will not be affected and these Terms of Use will be read as if the part had been deleted in that jurisdiction only.
ASSIGNMENT
Auckland FC may assign its rights in whole or in part to any person in Auckland FC’s absolute discretion.
GOVERNING LAW
These Terms of Use will be governed and interpreted in accordance with laws of the Auckland, New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of Auckland, New Zealand.
GENERAL
These Terms of Use are effective from November 2024. Auckland FC may vary these Terms of Use at any time by publishing a revised version of the Terms of Use on the Website. If you have any questions not addressed on this page, please send us an e-mail at marketing@aucklandfc.co.nz
