1. Introduction

Welcome to our website. www.waterfronttheatre.co.nz (this 'website') is owned and operated by The Waterfront Theatre Trust ('we', 'us', 'our'). These terms of use constitute an agreement between you, the website user, ('you', 'your') and us. You must not access or use this website unless you accept all of these terms of use. By accessing and using this website you are agreeing that you have read, understood and accepted these terms and conditions of use and that you agree to be bound by them. If you disagree with any part of these terms and conditions, please do not use our website.

2. Your privacy

Where we collect personal information about you as a result of your accessing and using this website, our Privacy Policy will apply to that information. Accordingly, these terms of use must be read together with our Privacy Policy.

3. Changes

The content of the pages of this website is for your general information and use only. We reserve the right to add to, modify, suspend, or remove this website or any information or feature incorporated in this website at any time and without notice. We reserve the right to change these terms of use from time to time by publishing the changed terms on this website. You should review these terms of use periodically to be aware of such changes. By continuing to access or use this website following such publication you accept the revised terms of use.

4. Your use of this website

You agree not to use this website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through any other means. Furthermore you agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of this website without our prior written approval in each case. Unauthorised use of this website may give rise to a claim for damages.
This website may provide a facility that allows you to email information from the website directly to an email address you provide. You must not use this facility or any other email forwarding service that we provide to send unsolicited electronic messages (spam) or content that violates these terms of use or our Privacy Policy.

5. Online payments

This website may enable you to make payments or donations to us. You agree:

a) to make each such payment or donation by authorising us or our nominated third-party payment service provider, Direct Payment Solutions Limited, to charge your credit card account or bank account using the details supplied by you; and
b) that all donations are subject to the donation terms (if any) available on this website.

If there is a problem with your payment or donation (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements.

6. Intellectual property and trade marks

This website contains material which is owned by or licensed to us and is protected by copyright and other laws in New Zealand, and under similar laws and international conventions abroad. This material includes, but is not limited to, the design, layout, look, appearance, graphics, text, illustrations, artwork, photographs, video, music, sounds, software and source code (together, 'our intellectual property'). You acknowledge and agree that all copyright and other intellectual property rights (including our intellectual property) that may subsist in materials available through this website belong to us or to our licensors. Except with our prior written permission, you may not in any form or by any means:

a) use, copy, modify, adapt, reproduce, store, embed, distribute, print, display, perform, publish, or transmit in any way any of our intellectual property; or
b) commercialise any information, products or services obtained from any part of this website.

Any trade marks appearing on this website belong to us or our licensors. You are not permitted to use or reproduce or allow anyone to use or reproduce our trade marks for any reason without our prior written permission.

7. Hyperlinks and third party websites

From time to time, this website may also include links to other websites maintained by third parties. These links are provided for your convenience to provide further information. Such linked sites are not under our control and we are not responsible for their contents (including the accuracy or legality of any linked site or any material contained in a linked site). They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s) and we will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or service provided by any third party.

8. Limitation of liability

To the fullest extent permissible at law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss of business opportunity, loss of revenue or profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website or any material appearing on this website, or from any action or decision taken as a result of using this website or any such material.

9. Disclaimers

Neither we nor any third parties provide any warranties, guarantees, or representations as to the accuracy, timeliness, performance, quality, functionality, completeness or suitability of the content, information, and materials found or offered on this website. You acknowledge that if you rely on this website or any materials available through this website, you do so solely at your own risk. To the maximum extent permitted by law, we provide this website and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

Your use of any information, functionality, or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Due to the nature of the Internet and electronic communications, we and our service providers do not warrant that this website or any associated services will be error free, without interruption or delay, or free from defects in design. Your use of this website and any associated services may be subject to interruption, restriction, or delay. We will not be liable to you should this website or the services supplied through this website become unavailable, interrupted, restricted, or delayed for any reason.

If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 shall not apply to those services.

Although we endeavour to prevent the introduction of viruses or other malicious code (together, 'malicious code') to this website, we do not guarantee that this website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code.

10. Governing law

These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use.

The Waterfront Theatre Trust will come into existence upon the signature of its trust deed, anticipated to be on or about 1 March 2012. These terms of use will come into force immediately upon signature of the trust deed. The trustees of The Waterfront Theatre Trust are proposed to be incorporated as a board under the Charitable Trust Act 1957. Our address is 487 Dominion Road, Mt Eden, Auckland 1024, New Zealand. 

These terms of use were last updated on 29 February 2012.