NZR+ Website Terms of Use
Acceptance of Terms
www.nzrplus.com ('Website') is a website owned by New Zealand Rugby Commercial LP, a limited partnership registered in New Zealand (partnership number 50098489), acting through its General Partner, New Zealand Rugby Commercial GP Limited (company number 8333408), a duly incorporated company having its registered office at Level 3, 100 Molesworth Street, Thorndon, Wellington, 6011, New Zealand ('NZRC', 'we' or 'us').
The Website sits on platform owned and operated by Endeavor Streaming, LLC, a limited liability company based in New York at 1600 Old Country Road, Plainview, NY 11803 ('Endeavor Streaming') under agreement with NZRC.
By using this Website you accept these NZR+ Terms of Use ('Terms of Use'), Endeavor Streaming's Terms of Use which are available here and NZRC's Privacy Statement available here ('Privacy Policy').
Where there is a conflict between these Terms of Use and Endeavor Streaming's Terms of Use, these NZR+ Terms of Use shall prevail. Where there is a conflict between these Terms of Use or Endeavor Streaming's Terms of Use and the Privacy Policy or Cookie Policy, the terms of the Privacy Policy or Cookie Policy, as applicable, shall prevail.
Description of Website Contents
The Website means the website itself and any and all property, services, software, widgets, websites, devices, hardware, platforms, interfaces, resources, tools, products, content, data, applications, metadata, images, rich media, text, music, sound, photographs, graphics, video, advertisements, messages and other materials, products, services or technology owned by or licensed to NZRC made available to you by NZRC or Endeavor Streaming directly or indirectly (e.g. on the Website, via hyperlinks or otherwise). Upgrades, updates, maintenance and support of the Website are provided by NZRC and Endeavor Streaming at their sole discretion.
Subject to these Terms of Use, NZRC hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use the Website as intended and permitted by NZRC solely for your personal, non-commercial use. You agree not to access or use the Website through any interface other than the one provided by NZRC for such access and use. No other use is permitted without the prior written permission of NZRC. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms of Use.
As between you and NZRC, NZRC hold all right, title and interest in and to the Website including without limitation any and all intellectual property and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations. You receive no ownership rights or other rights in the Website (other than rights to use the Website solely as expressly permitted in and subject to these Terms) and shall not, and shall ensure your employer, employees, agents and affiliates do not, directly or indirectly contest NZRC's ownership of the Website.
Your Obligations and Conduct
In consideration of your use of the Website you agree to: (a) provide accurate, current, and complete information about you on the NZR+ registration form and in your NZR+ account (the 'Registration Data'); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information you provide to NZRC, to keep it accurate, current and complete; (d) comply with these Terms of Use and all applicable laws, rules and regulations; and (e) accept all risks of unauthorised access to information and Registration Data. You have the sole responsibility for adequate protection and backup of data and for any equipment, hardware, software, infrastructure, internet connections, technology and other services you use to access, or otherwise use in connection with the Website. You are fully responsible for all activities that occur using your password, user names and/or NZR+ account, regardless of whether such activities are undertaken or authorised by you or a third party.
You agree not to upload, post or otherwise transmit via the Website information that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to NZRC or other users of the Website; (b) includes unauthorised disclosure of personal information or violates any laws, rules or regulations; (c) violates or infringes anyone's intellectual property, publicity or other rights or is tortious; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. NZRC reserves the right to edit or remove any information that it determines in its sole discretion violates these Terms of Use or that contains third party commercial advertisements.
You agree that you will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be NZRC, NZR, Endeavor Streaming or someone else, or spoof NZRC, NZR, Endeavor Streaming or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content; (d) misrepresent your affiliation with a person or entity; (e) disrupt the Website or normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations, including without limitation attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect, store or provide to NZRC or Endeavor Streaming any personal data about other users unless specifically authorized in writing by such users and NZRC.
Purchases and Additional Terms
Additional terms may apply to purchases and specific features of the Website, such as contests or promotions. These terms are part of these Terms of Use. You agree to follow these terms and confirm you are legally able to enter into these Terms of Use.
If there is a conflict between these Terms of Use and any specific terms for a part of the Website or a product/service, the specific terms will govern.
Our obligations in relation to our products and services are governed solely by these Terms of Use (including any specific terms applicable to a product or service) and applicable laws.
Availability
The availability of our products, services, and content on the Website may be affected by various factors beyond our control, including technical problems, network delays, or event changes. We are not obligated to provide specific content or make it available at a particular time.
Paid Products, Services and Subscriptions
To purchase a paid product or service, you may need to provide personal information, such as your name, email, and billing information. Our Privacy Policy explains how we use this information.
If you use a credit or debit card to pay for products or services, you authorise us to charge it according to the billing terms for the product or service.
Blackout restrictions may apply to certain content. We may block access to any online event in any region at our discretion.
Payment processing services are provided by Dice Technology Limited (trading as 'Endeavor Streaming'), on behalf of NZRC. Payments are securely processed by a third party payment services provider retained by Endeavor Streaming. For questions about payment processing please contact us at [email protected].
When you purchase a subscription, you pay upfront to access the product/service for a specified period (e.g., one month). This is your 'subscription period.' If you purchase a fixed term subscription, your access ends at the end of the subscription period. If you purchase a recurring subscription, your subscription renews automatically at the end of each subscription period until you or we cancel it.
Charges & Payment
Charges for our products and services are listed on the Website and confirmed at purchase. Your credit/debit card will be charged upfront for the subscription period you choose.
For recurring subscriptions, we will charge your card at the start of each subscription period unless you cancel before the renewal date. If a payment fails, we will contact you by email. We may suspend your access until overdue charges are paid.
Cancellation
You can cancel your subscription via the Website at any time. You will continue to have access until your prepaid period expires. We will refund pre-paid charges in accordance with these Terms of Use and as required by applicable law. Otherwise, we are not generally obligated to provide refunds.
When your subscription ends, we retain your account information for reactivation purposes. To permanently delete your account, submit a request via [email protected].
We may cancel your subscription or account with one month's notice. If we cancel before the end of your prepaid period, we will refund the remaining prepaid charges on a pro-rated basis. We may also cancel and/or revoke your access to the Website, our products, services and content immediately if:
(a) you don't pay any subscription charges when due;
(b) we withdraw the relevant product, service or content;
(c) it becomes necessary for operational, technical, security or legal reasons;
(d) you use the Website, product, or service in breach of these Terms of Use or any laws; or
(e) a security risk occurs, for example unauthorised access to your account.
Making Changes
We may change, cancel or remove and/or modify the price of any products, services and/or content offered through the Website from time to time, at our discretion. We will notify you about:
(a) changes to these Terms of Use that affect you;
(b) increases to recurring subscription charges; and
(c) changes to our products or services that materially affect our customers generally.
We will notify you about relevant changes by email or through our website. By continuing to use the Website, our products and services, you accept and agree to any changes. We may not give notice of non-material changes to our operations in the usual course of business, such as regular changes to content on the Website.
Confidentiality
You may obtain direct access via the Website to intellectual property or other information that is confidential information of NZRC, NZR and its subsidiaries, affiliates, licensors, partners or suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as being confidential or is deemed confidential by NZRC ('Confidential Information'). You must hold Confidential Information in strict confidence. As between you and NZRC, NZRC shall exclusively own and hold all right, title and interest in and to the Confidential Information including without limitation any and all intellectual property and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations thereof.
Your obligations regarding Confidential Information will continue in perpetuity after the date of disclosure. Upon termination of the Terms of Use or at NZRC's request, you must cease any and all use of Confidential Information and return or destroy it.
The Terms of Use impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you lawfully possessed prior to your receipt from NZRC or Endeavor Streaming, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public lawfully through no act or omission by you, or otherwise without violation of the Terms of Use; (c) you lawfully obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently and lawfully developed without the use of Confidential Information and without the participation of individuals who have had access to it; or (e) is required by law to be disclosed in response to a valid order by a court or other governmental body or as necessary to establish the rights of either party under these Terms of Use, but only as disclosed after prior notice to NZRC adequate to afford NZRC the opportunity to object to the disclosure or seek confidential treatment in its discretion.
Content Provided Via Links and Third Party Content
You may find third party content and/or links to third party internet sites or resources in or on the Website. You acknowledge and agree that NZRC is not responsible for activities of third parties or the availability of such content or external third party sites or resources, and NZRC does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources or from third parties. NZRC will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with any use of or reliance on any such content, goods or services.
Indemnity
You agree to indemnify and hold NZRC and NZR and its subsidiaries, affiliates, licensors, partners and suppliers and their respective shareholders, officers, directors, agents, licensors, suppliers, customers, partners, employees and representatives harmless from any claims made or brought by a third party, including without limitation lawsuits, actions, proceedings, arbitrations, liabilities, damages, fees, penalties, judgments, settlements, expenses or demands, reasonable lawyers' fees, due to, relating to or arising out of your content, property or any information or materials you provide or provided to NZRC or Endeavor Streaming, use of or access to the Website by you and/or your affiliates, shareholders, officers, directors, agents, licensors, suppliers, customers, partners, employers, employees and representatives (including without limitation any use on behalf of your employer or any third party), your violation of these Terms of Use, or your violation of any rights of another.
Modification and Termination Of The Website
NZRC and its designees reserve the right to, at any time, monitor, restrict access to, edit, remove, delete, modify, limit, suspend or terminate the Website (or any part thereof or related information or files), and/or your use of or access to the foregoing, with or without notice and in its sole discretion. If you breach these Terms of Use, these Terms of Use and any and all of your rights to use or access the Website shall immediately and automatically cease and terminate. NZRC will not be liable to you or any third party for any deletion, modification, limitation, suspension, or termination of the Website or any part thereof or related information or files), or loss of related information.
Advertisements And Promotions
NZRC may run advertisements and promotions on the Website, including without limitation on behalf of third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers or companies other than NZRC 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 or company. NZRC is not 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 advertisements or promotions on the Website.
Intellectual Property Rights
Except as expressly authorised by NZRC, you agree not to reproduce, link to (via hyperlinks or otherwise), scrape, modify, rent, copy, lease, loan, sell, distribute, mirror, frame, syndicate, cache, store, record, publish, download, transmit, display or create derivative works of the Website, in whole or in part, by any means. You may not, for example, publish any portion of the Website (or links thereto) on any internet, intranet or extranet site or incorporate the Website in any product, database, compilation, archive or cache. You must not modify, decompile, or reverse engineer any software NZRC discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership. You shall not attempt to circumvent any content protection mechanisms or digital rights management systems.
'NZRC Trademarks' means all names, marks, brands, logos, designs, trade dress, slogans and other designations NZRC or NZR uses in connection with its products and services. You may not use, remove or alter any NZRC Trademarks, or co-brand your own products or material with NZRC Trademarks, without NZRC's prior written consent. You acknowledge NZRC and NZR's rights in NZRC Trademarks and agree that any use of NZRC Trademarks by you shall inure to NZRC and/or NZR's benefit. You agree not to incorporate any NZRC Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
NZRC is committed to respecting others' intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on the Website, please contact: [email protected].
Except as expressly set forth in these Terms, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to the Website or any other product, content, technology, intellectual property or service of NZRC, NZR or its subsidiaries, affiliates, licensors or partners. In addition, nothing in these Terms shall be deemed to grant to you or any third party the right or license to use the Website on any platform or device, in any place or in any manner which is not expressly authorised hereunder.
Disclaimer
Your use of the Website, including, without limitation, all advertisements and other content, is at your sole risk unless otherwise explicitly stated. NZRC, NZR, Endeavor Streaming and their subsidiaries, affiliates, licensors, licensees, suppliers, customers and partners shall have no direct or indirect liability or responsibility arising from your use of or reliance on the Website. The Website is provided on an 'as is' basis and NZRC disclaims all express or implied conditions, representations or warranties of any kind in relation to the Website.
To the extent permitted by law, NZRC makes no warranty or representation that: (a) the Website and any products or services offered through the Website will be uninterrupted, accurate, complete, current, free of viruses or other harmful components, timely, secure or error-free; (b) the quality of the Website, content, products, services or information therein or other material obtained from the Website or NZRC will meet your expectations or requirements; or (c) any errors or defects in the Website will be corrected.You assume all risk for any damage to your computer system or property or loss of data that results from your use of the Website (including without limitation damage caused by changes to the Website), including any damages resulting from computer viruses.
Nothing in these Terms of Use affects your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, or equivalent consumer protection legislation in your jurisdiction.
Limitation of Liablity
To the extent permitted by law, NZRC is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data electronically transmitted orders, or other economic advantage) arising out of or in connection with the Website, even if NZRC has previously been advised of, or could reasonably have foreseen, the possibility of such damages, however they arise.
To the extent that the applicable laws of any jurisdiction do not allow the exclusion or limitation of liability for death or personal injury, direct, incidental or consequential damages, exclusion of statutory rights or damages or fraudulent misrepresentation, portions of the above limitation may not apply, but only to the extent that the exclusion or limitation is not allowed by applicable laws. In such case, NZRC's maximum aggregate liability is limited to the lesser of the total cost of any charges paid by you to NZRC, or NZD $1,000.
General Terms
These Terms of Use constitute the entire agreement between you and NZRC relating to the subject matters herein, and cancel and supersede any prior versions of the Terms of Use.
No modifications made by you to the Terms of Use will be binding on NZRC unless in writing and signed by an authorised NZRC representative. NZRC reserves the right to terminate and/or change these Terms of Use at any time in its sole discretion with or without notice. NZRC may notify you of any such changes solely by changing these Terms of Use and making them available on this Website. Your continued use of the Website after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes.
You shall not assign or otherwise transfer these Terms of Use or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use NZRC, NZR or third party products or services.
You agree that any material breach of Sections 3, 4, 5 and 9 of these Terms of Use will result in irreparable harm to NZRC for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, NZRC will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if NZRC seeks such an injunction.
Unless contrary to applicable law in your jurisdiction, this Agreement shall be governed by the laws of New Zealand and you agree to submit to the exclusive jurisdiction of the New Zealand courts.
Rights and obligations under these Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.
Any waiver by NZRC of any of its rights or remedies under these Terms of Use will be effective only if it is recorded in writing and signed by a duly authorised representative of NZRC. If the waiver relates to a breach of any provision of this agreement, this will not (unless stated otherwise) operate as a waiver of any other breach of that provision.
If any term or provision of these Terms of Use is or becomes invalid or unenforceable or in breach of any Act of Parliament, the validity of the remainder of these Terms of Use will not be affected and will remain in force and effect as if these Terms of Use had been agreed with such term or provision eliminated.
You agree that the rights and benefits provided to NZRC under these Terms of Use are intended to be for the benefit of, and enforceable by, NZR for the purposes of Part 2, Subpart 1 of the Contract and Commercial Law Act 2017.
In the event of a conflict between these Terms of Use and any other agreements between you and NZRC or NZR, NZRC shall determine in its discretion which terms shall govern.
This English language version of these Terms of Use governs your relationship with NZRC and any translations of these Terms of Use into another language shall not be binding on NZRC.
These Terms of Use last updated on 27 June 2024