Website Terms of Use
These Website Terms of Use (the "Terms") govern your access to and use of the website located at https://www.performingcollective.org.nz (the "Website"), operated by Performing Arts Collective, Inc, Incorporated society (NZBN 9429043229185), of 462 Carrington St, New Plymouth 4310 ("we", "us", or "our").
These Terms take effect on 7 September, 2026.
By accessing or using the website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.
These Terms are governed by the laws of New Zealand, including the Contract and Commercial Law Act 2017 (CCLA), the Consumer Guarantees Act 1993 (CGA), and the Fair Trading Act 1986 (FTA). Under the CCLA, electronic contracts are valid and enforceable.
1. ELIGIBILITY AND AGE REQUIREMENT
1.1 By using the Website, you represent and warrant that you are at least 16 years or older years of age. If you are under 16 years or older years of age, you must not use the Website.
1.2 If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" refers to that entity.
2. CHANGES TO THESE TERMS
2.1 We reserve the right to amend these Terms at any time. We will notify users of material changes by posting a notice on the Website or by other reasonable means. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.
2.2 We recommend that you periodically review these Terms. The most current version of the Terms will always be available on the Website.
3. INTELLECTUAL PROPERTY
3.1 All content on the Website, including text, images, videos, and logos, is owned by or licensed to us and is protected under the Copyright Act 1994 (NZ), the Trade Marks Act 2002 (NZ), and other applicable New Zealand and international intellectual property laws.
3.2 Nothing in these Terms grants you any rights in or to the Website or its content other than the limited right to use the Website in accordance with these Terms.
3.3 You must not reproduce, distribute, modify, adapt, transmit, display, publish, sell, licence, create derivative works from, or otherwise exploit any content on the Website without our prior written consent, except as expressly permitted by law.
3.4 Our business name, logo, and any trade marks or service marks displayed on the Website are our property or the property of our licensors. Nothing in these Terms gives you any right to use those trade marks without our prior written consent.
4. USER OBLIGATIONS
4.1 You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use of the Website.
4.2 You must not use the Website to:
• violate any applicable New Zealand or international law or regulation;
• engage in any conduct that is misleading or deceptive within the meaning of the Fair Trading Act 1986 (NZ);
• transmit any unsolicited commercial electronic messages in contravention of the Unsolicited Electronic Messages Act 2007 (NZ);
• infringe the intellectual property rights of us or any third party under the Copyright Act 1994 or Trade Marks Act 2002;
• transmit any content that is harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable under the Harmful Digital Communications Act 2015 (NZ);
• collect or harvest personal information about other users without their consent, contrary to the Privacy Act 2020 (NZ);
• interfere with or disrupt the integrity or performance of the Website or the servers or networks connected to the Website; or
• attempt to gain unauthorised access to any part of the Website or any connected systems.
5. ADDITIONAL PROHIBITED CONDUCT
5.1 In addition to clause 4, you must not:
• use any robot, spider, scraper, or other automated means to access the Website without our express written permission;
• reverse-engineer, decompile, disassemble, or attempt to derive the source code of any software forming part of the Website;
• use the Website to transmit malware, viruses, or any other harmful code;
• impersonate any person or entity or misrepresent your affiliation with any person or entity;
• use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website; or
• circumvent any technological protection measures on the Website.
6. CONSUMER GUARANTEES ACT 1993 AND FAIR TRADING ACT 1986
6.1 Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee conferred by the Consumer Guarantees Act 1993 (CGA), that cannot lawfully be excluded or limited. Where the CGA applies, any consumer guarantee implied by the CGA applies to our Website and services.
6.2 Nothing in these Terms excludes any right or remedy available to you under the Fair Trading Act 1986 (FTA), including any remedy for misleading or deceptive conduct in trade.
6.3 Subject to clauses 6.1 and 6.2, we provide the Website on an "as is" and "as available" basis without any express or implied warranty as to its accuracy, completeness, reliability, or fitness for any particular purpose.
7. LIMITATION OF LIABILITY
7.1 To the maximum extent permitted by law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986), we exclude all liability for any loss or damage, whether direct, indirect, incidental, consequential, special, or exemplary, arising out of or in connection with your use of, or inability to use, the Website.
7.2 This limitation applies to loss of profits, loss of data, loss of business or business opportunity, and any other economic loss, whether arising in contract, tort (including negligence), statute, or otherwise.
7.3 Nothing in these Terms limits our liability for fraud, wilful misconduct, or death or personal injury caused by our negligence, or for any liability that cannot be excluded under the Consumer Guarantees Act 1993 or any other applicable New Zealand law.
7.4 To the extent our liability cannot be excluded, our total aggregate liability to you for any claim arising under or in connection with these Terms is limited to NZD $100.
8. DISCLAIMER
8.1 The information on the Website is provided for general informational purposes only and does not constitute professional advice of any kind. To the extent it would otherwise do so, this clause does not exclude or limit the application of consumer guarantees under the Consumer Guarantees Act 1993 that cannot lawfully be excluded.
8.2 We make no representation or warranty that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
8.3 We expressly disclaim all responsibility for the accuracy, completeness, or suitability of any information on the Website to the extent permitted by law.
9. THIRD-PARTY LINKS AND CONTENT
9.1 The Website may contain links to third-party websites, services, or resources. These links are provided for your convenience only. We have no control over the content, policies, or practices of any third-party website.
9.2 We do not endorse or make any representation about any third-party website or the goods or services offered on any third-party website. We are not responsible or liable for any loss or damage you may suffer as a result of accessing or using any third-party website.
9.3 If you access a third-party website through a link on our Website, you do so entirely at your own risk. We recommend that you read the terms and conditions and privacy policy of any third-party website you visit.
10. PRIVACY
10.1 We handle personal information in accordance with the Privacy Act 2020 (NZ) and the 13 Information Privacy Principles (IPPs). Our Privacy Policy explains how we collect, use, disclose, store, and protect your personal information. The Privacy Policy is incorporated into and forms part of these Terms.
10.2 By using the Website, you acknowledge that we may collect and use your personal information in accordance with our Privacy Policy.
10.3 For any privacy-related requests or complaints, please contact us at performingcollective@gmail.com. If you are not satisfied with our response, you may contact the Privacy Commissioner at www.privacy.org.nz.
11. SUSPENSION AND TERMINATION
11.1 We may suspend, restrict, or terminate your access to the Website at any time and for any reason, without notice and without liability, including if we reasonably believe that you have breached these Terms.
11.2 We may discontinue the Website or any part of it at any time without notice.
12. GOVERNING LAW AND JURISDICTION
12.1 These Terms are governed by the laws of New Zealand, including the Contract and Commercial Law Act 2017, the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and the Privacy Act 2020. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand.
12.2 Nothing in these Terms limits any rights you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other non-excludable right under applicable New Zealand law.
13. GENERAL
13.1 If any provision of these Terms is invalid or unenforceable under applicable New Zealand law, that provision is severed and the remainder of these Terms continues in full force and effect.
13.2 Our failure to exercise or enforce any right under these Terms does not constitute a waiver of that right.
13.3 These Terms constitute the entire agreement between you and us in relation to your use of the Website and supersede all prior agreements or understandings relating to the same subject matter.
13.4 For any queries or complaints about these Terms, please contact us at performingcollective@gmail.com.
13.5 The Contract and Commercial Law Act 2017 (CCLA) applies to these Terms. These Terms may be entered into, and are fully binding, through electronic acceptance in accordance with the CCLA.