TERMS & CONDITIONS

These Terms and Conditions (T&C) govern the relationship between Wetherston Creek and you, including the use of its website. We may vary the T&C from time to time, without notice to you. Those changes will be released via the website and will be binding upon all users at the time of publication to the website. Continued dealings with Wetherston Creek shall constitute deemed acceptance of the T&C, as amended from time to time.

The T&C create a legally binding agreement between Wetherston Creek and the user/purchaser. In all applicable circumstances, you irrevocably waive any rights you may have to appeal, review, or otherwise oppose any determinations or actions of Wetherston Creek in relation to the website or other related matters.

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Website Conditions

By using the website, you irrevocably agree:

1. To comply with the T&C and any policies published by Wetherston Creek from time to time.

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Intellectual Property Rights
1. Not to copy, use, communicate to the public, or transmit the content of this website without the prior written consent of Wetherston Creek, including logos and images, unless such use is a fair dealing under the Copyright Act 1968.
2. The text, data and metadata of the website is owned by Wetherston Creek. You agree not to copy, download for use, reverse engineer or otherwise attempt to capture the design, data, metadata, operation, system or processes used on the Wetherston Creek website.
3. To contact Wetherston Creek if you would like permission to reproduce any of the website content. When any website content is reproduced or reposted, it must be attributed to Wetherston Creek.

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Use of Website
1. Not to do anything that may disrupt the use of its website or any other third party software, devices, services or other things necessary to the operation of the Wetherston Creek website.

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Code of Conduct
1. To engage with Wetherston Creek and any other parties using or viewing the website in a polite and respectful manner. If you choose to use offensive, discriminatory, illegal, homophobic, racist, hate speech, or otherwise unacceptable language, actions, or other communications, Wetherston Creek may, in its absolute discretion, serve you with a warning notice and/or deactivate, delete or suspend your membership and access to the website for any period or indefinitely, at its discretion. Wetherston Creek reserves the right to report any illegal or unlawful activity concerning the website to the appropriate authorities.
2. To ensure that any information provided by you to Wetherston Creek is accurate, truthful, not misleading, not deceptive or otherwise incorrect.
3. Not to do anything or hold yourself out to be related in some way to Wetherston Creek without its consent.

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Contact
1. Wetherston Creek may contact you by any contact details you provide to KIR, including email, SMS, telephone, at its discretion, for any reason determined by Wetherston Creek, including, but not limited to marketing of its goods and services, the website or affiliate/advertiser content.

Advertising
1. To advertisement content being published on the website and such content being broadcast to you, without further consent required, during your use of the website. Any advertisement content will consist of third party links to external sources. Wetherston Creek does not warrant the content of advertising content, whether available on the website or otherwise. You should satisfy yourself as to the veracity of any third party websites and any offers they may make; Wetherston Creek shall bear no liability in relation to such matters.

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Marketing
1. To consent to Wetherston Creek using your personal information for Wetherston Creek’s own purposes, including marketing of the website.
2. To the use of cookies to track your usage of the website.

Lawful Use
1. That you shall conform with all relevant laws in respect of your use of the website.

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Disclaimer
1. Wetherston Creek does not guarantee that:
1.1 The website will be secure or available at any particular time or location;
1.2 Any defects or errors in the website will be corrected;
1.3 The website will be free of viruses or other harmful materials.
2. You acknowledge that you use the Wetherston Creek website solely at your own risk.

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Termination of Website
1. That Wetherston Creek may delete specific content or cease operation of the website at any time without prior notice and without a reason.
2. Wetherston Creek is not liable for any loss, damage or other consequences suffered by you as a result of Wetherston Creek ceasing operation of the website.

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Membership credentials
1. You agree that should you share your membership or login details with any other person, that person is subject to these T&C. We are not responsible for any loss, damage, or other consequences, whether financial or otherwise, from the unlawful use of the website by a party you have provided with access to your account.

2. You agree to secure your password. We are not responsible for any loss, damage, or other consequences, whether financial or otherwise from the authorised or unauthorised use of your account by any other party, regardless of whether access to your account has been facilitated as a result of failing to secure your password to the website, or any other third party website, or through other means or actions by a third party which compromises your account.

3. You agree that you shall keep your membership and contact details up to date at all times through the Wetherston Creek website.

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Sale of goods and services

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Binding Contract
1. Submitting an order for goods or services through the Wetherston Creek website creates a legally binding contract between the purchaser and Wetherston Creek, on the terms of these T&C.
2. Payment must be made in full at the time of placing an order through the KIR website. Orders are not complete until payment is made.
3. Once goods ordered through the Wetherston Creek website are paid for, an order for goods or services may not be cancelled by the purchaser.
4. Prices shown on the Wetherston Creek website are current as at the time an order is place and paid, however, Wetherston Creek may change prices from time to time without notice.
5. To the best of Wetherston Creek’s ability, the goods and services offered on the Wetherston Creek website are available for purchase. In the event that a good or service is determined not to be available after a purchase is made, Wetherston Creek shall promptly advise the purchaser and issue a refund.
6. Wetherston Creek reserves the right to decline an order made through the Wetherston Creek website at its discretion for any reason.
7. Prices stated on the Wetherston Creek website are GST inclusive.

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Postage
1. The purchaser is responsible for providing the correct postal address at the time of placing the order on the Wetherston Creek website. Wetherston Creek ships goods strictly in accordance with the details provided at the time of the purchaser submitting an order through the Wetherston Creek website. Wetherston Creek takes no responsibility or liability for incorrect postal address details provided by a purchaser.
2. The costs of postage and handling are in addition to the published prices of goods and services. Postage will be calculated at the time of checkout and placing of the order.

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Risk
1. Wetherston Creek has the right to arrange for delivery of goods and services in one or more shipments.
2. Risk of goods passes to the purchaser upon Wetherston Creek placing the goods with the relevant postal/shipping provider.
3. Loss/damage of goods during transit is at the risk of the purchaser and Wetherston Creek is not obligated to provide replacement goods in the event of loss or damage by the relevant postal/shipping provider.

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Payment Providers
1. Payments for goods and services through the website must be made using the payment providers specified by Wetherston Creek.
2. All payments made through the Wetherston Creek website are subject to the terms and conditions of the payment providers.
3. The Supplier shall not be liable for any loss or damage suffered by the Customer in respect of the Customer’s use of payment providers.

Events
1. Tickets to events are subject to events proceeding as scheduled, without delay, interruption or changes.
2. In the event that an event cannot proceed as scheduled and planned, Wetherston Creek reserves the right to either, at the absolute discretion of Wetherston Creek:
2.1 Cancel the event and issue a full refund to the purchaser;
2.2 Reschedule the event on similar terms/conditions and endorse the purchaser’s ticket for use at the rescheduled event; or
2.3 Issue the purchaser with a credit for the ticket.
2.4 In the event that an event has commenced and due to circumstances beyond our control including but not limited to extreme weather, heavy rainfall or storm causes the event to be temporarily suspended or cancelled KIR will determine if customers/spectators are eligible for any refund, credit, discount/s if any. Wetherston Creek has sole discretion and will assess each event and entitlement on a case by case basis. Any information relating to event refunds, credits, discounts or similar will be communicated via email to the email address provided on the ticket purchase.
3. Wetherston Creek accepts no liability for damage, injury, loss, harm, or other detriment to attendees at Wetherston Creek events. The purchaser of tickets and attendees attend Wetherston Creek events at their own risk and by attending such events agree to assume this risk.
4. The purchaser (and its heirs, executors and representatives) of tickets for Wetherston Creek events agrees to fully indemnify Wetherston Creek against any claim, loss, award or other financial detriment suffered by Wetherston Creek as a result of Wetherston Creek being held liable for damage, injury, loss, harm to the purchaser or to an attendee who the purchaser provided a ticket to a Wetherston Creek event or purchased a ticket on behalf of arising from a Wetherston Creek event.

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Trade Promotions
1. Trade Promotions are subject to these T&C, Wetherston Creek’s Trade Promotion Prize Draws Conditions, and any applicable laws.
2. There are no refunds or replacements applicable to goods/merchandise purchased in conjunction with the entry to Wetherston Creek Trade Promotions.
3. Failure to win a Wetherston Creek Trade Promotion does not constitute a failure by KIR to supply goods/services/merchandise under contract law or New Zealand Consumer Law.
4. The Purchaser agrees that it shall not seek to reverse a payment transaction, or claim compensation, or cause detriment to Wetherston Creek, or otherwise approach a payment provider (such as Paypal) for refund of payment for goods/merchandise/services related to a Wetherston Creek Trade Promotion alleging that Wetherston Creek failed to supply goods/merchandise/services solely due to the Purchaser not being successful in the Trade Promotion.
5. The Purchaser agrees to indemnity Wetherston Creek in respect of any costs, loss or damage caused to Wetherston Creek as a result of the Purchaser failing to comply with Clauses 40-43, including indirect costs, loss or damage.

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Consumer guarantees and refunds

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Refunds generally
1. If a good is not of acceptable quality, not fit for purpose, or does not match the representations on the Wetherston Creek website, please contact Wetherston Creek to discuss your options.
2. Wetherston Creek does not offer refunds for change of mind.
3. Delivery of goods may be delayed due to COVID-19 and associated restrictions.
4. If we are not able to supply you with a good you have purchased due to COVID-19 or any associated restrictions, we will provide you with a refund of the purchase price.
5. When refunding, the refund will be sent to the same card or account that the funds were received from.

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New Zealand Consumer Law
1. Many of Wetherston Creek’s goods and services come with a guarantee or warranty from the manufacturer or supplier. In addition, they come with guarantees that cannot be excluded under the New Zealand Consumer Law.
2. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
3. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Full details of your consumer rights may be found at www.consumerprotection.govt.nz
4. Where  is not permitted to exclude, restrict, or modify its liability for a breach of a condition or warranty that is implied by any statute or applicable laws but is permitted to limit its liability for the breach of such condition or warranty, Wetherston Creek’s liability is limited to any one of the following as determined by Wetherston Creek in its absolute discretion
4.1 in the case of goods supplied, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacement of the goods or of acquiring equivalent goods, or for the payment of the cost of having the goods repaired; and
4.2 in the case of services provided, the supply of the services again, or the payment of the cost of having the services supplied again.
5. The purchaser acknowledges that all goods are sold subject to the manufacturer’s trading terms and conditions and any warranty of the manufacturer.
6. Subject always to Clauses 50-54, all conditions, warranties and guarantees other than those expressly provided for in these T&C are excluded to the fullest extent permitted by law and Wetherston Creek will not be liable to the purchaser for any loss caused (in whole or in part) by or arising out of any use of the goods or any defect in the goods or any failure, malfunction, breakdown or deterioration of the goods.

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Damages
1. To the fullest extent permitted by law, Wetherston Creek shall not be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the website, these T&C and the relationship between you and Wetherston Creek. In no event shall Wetherston Creek’s aggregate liability for any damages exceed the greater of $10.00 or the amount you paid Wetherston Creek in the past 12 months.
2. In any event, Wetherston Creek shall not be responsible for, or liable for, loss of opportunity or any losses associated with the loss of opportunity to participate in a trade promotions, competition or other game of skill/chance.

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PRIVACY POLICY

Your privacy is important to Wetherston Creek.
We know that keeping client information secure is a top priority. The information you provide is only used for:

• The primary purpose for which it was obtained, being:

  • Providing you with access to the website;

  • Selling you goods and services;

  • Providing you with payment platforms;

  • Marketing to you Conducting trade promotions;

  • Running promotions and events; and

  • Processing payments,

• For a secondary purpose that is directly related to the primary purpose;

• With your consent; or

• Where required or authorised by law.

Wetherston Creek may collect your personal information, which enables you to be identified, including your name, email address and contact details, or other relevant information, in order for us to make contact with you and other parties to carry out the purposes listed above.

Wetherston Creek may use and disclose your personal information for the primary purpose, as necessary from time to time. We may use your personal information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure.

By using the Wetherston Creek website, or providing us with your personal information, you agree to us using your personal information as set out herein.

Wetherston Creek takes considerable technical and organisational precautions to prevent the loss, or misuse of your personal or company information.

If you have any questions about this privacy policy or the treatment of your personal information, by Wetherston Creek please feel free to contact us via the website.

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Available to New Zealand residents ONLY