1. Terms of Sale
1.1. These terms of sale set out the terms and conditions that apply to all purchases of tickets from the website. If you purchase a ticket from the website, you are deemed to have accepted these terms of sale and agreed to be bound by them.
1.2. We reserve the right to vary these terms of sale at any time. Any variation will be effective immediately upon posting of the amended terms of sale on the website. These terms of sale were last updated on 15 January 2013. On purchasing tickets from the website after this date, you agree to be bound by the amended terms of sale.

2. Hawkes Bay Racing as Agent
2.1. We sell tickets as an agent for and on behalf of the presenter. Any representations made by the presenter with reference to the event and any associated claims or complaints are the responsibility of the presenter and not us.
2.2. All tickets are subject to the presenter's terms and conditions of sale. It is your responsibility to ensure that you are familiar with the presenter's terms and conditions. We can provide you with a copy of the presenter's terms and conditions on request.
2.3. If there is any inconsistency between these terms of sale and the presenter's terms and conditions, or these terms of sale are silent on an issue, then the presenter's terms and conditions will prevail to the extent of such inconsistency / silence.
2.4. Each ticket is a licence granted to you by the presenter to attend the event. Your contractual relationship is therefore with the presenter in terms of attendance at the event.

3. Currency and Pricing
3.1. All ticket prices are stated in New Zealand Dollars (NZ$) unless otherwise stated.
3.2. All prices include GST unless otherwise stated.
3.3. Where concessions are applicable, valid identification must be provided for collection of tickets and upon entry at the event venue. The presenter reserves the right to refuse admission if valid identification is not provided.

4. Availability
4.1. We do not set the ticket prices or determine seating locations as tickets are sold on behalf of presenters. Tickets are generally sold through several distribution points, including online, participating outlets and box offices. As most distribution points generally access the same ticketing inventory, tickets for popular events may sell out quickly. We do not control this inventory or its availability.

5. Order Confirmation
5.1. When you complete a purchase online, you will receive a confirmation email. This will enable you to access your tickets to print them. If you do not receive this email then it is your responsibility to contact us to inform us. If you do not inform us that you have not received confirmation, we will be unable to guarantee that your purchase was successful. This may result in you being unable to purchase tickets if the event is sold out.

6. Booking Fees
6.1. All tickets purchased through the website are subject to a booking fee.
6.2. Some tickets may also be subject to a delivery fee.

7. Lost Tickets
7.1. We reserve the right to charge a fee for the replacement of allocated seating tickets.
7.2. We will not replace tickets for events without allocated seating (i.e. general admission tickets).

8. Cancelled Events
8.1. The presenter reserves the right to add, withdraw or replace any artist or performer, and to amend the event programme, including date(s), prices, venue capacity and/or seating arrangements.
8.2. Occasionally, events are cancelled by the presenter due to circumstances beyond their control, such as weather conditions. Should this occur, please contact us for information on the procedure for receiving a refund for your ticket(s).
8.3. Refunds are at the sole discretion and control of the presenter. We simply facilitate any refunds on behalf of the presenter.
8.4. Refund limitations may be set by the presenter if the event is changed, relocated or rescheduled.
8.5. Delivery and booking fees are not refundable.

9. Refunds and Exchanges
9.1. Unless authorised to do so by the presenter or required by law, we do not provide refunds or exchanges on any tickets purchased. Therefore, please ensure that you carefully review your event and seat selection before processing the purchase.
9.2. If a refund is authorised by the presenter or required by law, any delivery or booking fees are not refundable.

10. Ticket Limits
10.1. Tickets may be subject to a limited number of tickets that each customer can purchase for an event. This limit will be published as part of the event information.

11. Multiple Browser Windows
11.1. When purchasing tickets online, please ensure that you are viewing the tickets using only one browser window. Viewing tickets on multiple browser windows will result in the loss of your ticket.

12. Limitation of Liability
12.1. We assume no liability for any loss of any kind arising out of your attendance at an event. Any liability arising is a matter between you and the presenter or other party.
12.2. By purchasing tickets on behalf of others, including minors, you acknowledge that those parties are aware of all terms and conditions relating to their tickets and their entry and attendance at the event.
12.3. To the fullest extent permitted by law, we exclude all responsibility and liability in relation to the event and we will not be responsible or liable for any loss, injury or damage however caused (including to any person or property), including under contract, tort, statute, product liability or otherwise, whether they be direct or indirect, special, incidental or consequential, resulting from the use of this website, your use of or the inability to use the tickets, the cancellation or postponement of the event, or for any other reason whatsoever.

13. Re-Sale of Tickets not permitted
13.1. No ticket may be resold at a premium, used for advertising, promotion or other commercial purposes without formal written authorisation from us or the presenter. Any breach of this term will result in you or the ticket holder being refused admission or being ejected from the event.

14. Attendance
14.1. You must hold a valid ticket to attend the event. Unless tickets are purchased from an authorised sales channel, they may be voided or you may be refused admission.
14.2. Tickets purchased online are available to print by accessing the link contained in the confirmation email or by accessing your Hawkes Bay Racing Account. If multiple copies of tickets are printed, only the first to be scanned will allow admission.
14.3. The presenter reserves the right to refuse admission or to eject you or the ticket holder from the event, without compensation to you, in circumstances where the presenter considers it has cause. This includes (without limitation) where tickets are lost or damaged, where you engage in conduct that unreasonably interferes with the enjoyment of the event by others (i.e. by fighting, being abusive or disorderly, hampering the conduct of the event or otherwise), and where you do not comply with the presenter's terms and conditions.
14.4. You must comply with all security requirements of the presenter and the event venue in relation to your attendance, which may include (without limitation) you and your belongings being searched on entry, and the confiscation of any prohibited items, such as cameras and recording devices.

15. Terms and Conditions
15.1. "presenter" refers to the party presenting the event. This may include, but is not limited to, a promoter, producer, team, band or venue.
15.2. "we/us/our" are all references to Hawkes Bay Racing.
15.3. "website" means and includes Hawkes Bay Racing and any page derived from these websites and any page owned by Hawkes Bay Racing.
15.4. "you/your" are all references to you, as the purchaser of the ticket and/or attendee of the event.

1. Terms of Use
1.1. Welcome to Hawkes Bay Racing, an online ticketing service providing you with tickets to Hawkes Bay Racing events. These terms of use are intended to set out guidelines under which this website operates and to allow you to have trust in the safe platform we endeavour to provide for you.
1.2. These terms of use are the terms on which we offer you access to the website. If you access and use the website (whether by browsing the website, making a purchase, becoming an Hawkes Bay Racing user or otherwise), you are deemed to have accepted these terms of use and agreed to be bound by them.
1.3. These terms of use are subject to change at any time. Any amendments will be effective immediately upon posting of the amended terms of use on the website. It is your responsibility to ensure that you are familiar with the latest terms of use. By continuing to access and use the website, you agree to be bound by the amended terms of use. These terms of use were last updated on 15 January 2013.

2. Use of Website
2.1. The website makes information available to you as a service, the website and the information are provided on an "as is" and "as available" basis. Your use of the website and the information is done at entirely your own risk.
2.2. We do not give any warranty or make any representation whatsoever with regard to the website and the information. In particular, we do not warrant or guarantee:
2.2. (a) The accuracy of the information, or its suitability for any purpose whatsoever.
2.2. (b) That the website will be free from viruses or other harmful properties.
2.2. (c) That the website will be uninterrupted or available at all times.
2.2. (d) That the operation of the website will be error-free or that errors will be corrected.
2.2. (e) That any file downloaded from the website or sent to you by the website will be free of viruses or contamination.
2.3. We are not responsible for any adverse consequences arising out of your use of any information contained on the website. To the extent permitted by law, we exclude all responsibility and liability for such information.
2.4. We reserve the right to cease operating, or change the manner of operation of, the whole or any part of the website at any time.
2.5. The website contains links to third party websites, navigating you away from the website. We have no control over any third party website and no responsibility for any content contained in any third party website. We are not liable for any loss or damage suffered by you from accessing, using and/or relying on the content of any third party website. By using any of these links, you acknowledge that you are doing so at your own risk. The inclusion of any link does not imply our endorsement, approval, recommendation or preference of the linked website or any association with the person who runs or manages that website.
2.6. Any dealings with any advertiser appearing on the website are solely between you and the advertiser or third party. We are not responsible or liable for any part of any such dealing or promotion, or for any acts or omissions of the advertiser or third party.

3. Unauthorised Use of Website
3.1. While using the website, you agree that you will not use the website for any purpose that is unlawful or prohibited by these terms of use. Without limiting the foregoing, you agree that you will not:
3.1. (a) Use the website to send spam, chain letters, pyramid schemes or other unsolicited communications of any kind;
3.1. (b) Use the website to abuse, defame, threaten, stalk, harass, breach the confidence of, or otherwise violate the legal rights, of others.
3.1. (c) Introduce any viruses, worms, Trojan horses or any other harmful or destructive items into the website.
3.1. (d) Interfere with or disrupt networks connected to the website.
3.1. (e) Attempt to modify, reverse engineer or reverse assemble any part of the website.
3.1. (f) Conduct yourself in a manner that will, or is reasonably likely to, negatively affect the website or other users of the website.
3.1. (g) Violate any applicable laws or regulations.
3.2. Any unauthorised use of the website (including, but not limited to, hacking, use of any robot, spider or any other automated device or process) shall constitute a violation of these terms of use. It shall also be a violation of these terms of use for any individual (or group of individuals acting in concert) to request more than 1,000 pages of the website in any 24 hour period.

4. Intellectual Property
4.1 The website contains intellectual property that is either owned by or licensed to us, and you agree that you will not assert any claim or interest in or to that intellectual property. The intellectual property includes, but is not limited to, the design, layout, look, appearance, content, software and graphics. Reproduction of any intellectual property is prohibited without our express consent, except as set out in clause 4.2.
4.2 You may retain a copy of any information or material incidental to your viewing of the website for your personal reference but not for any commercial purposes. The information or material, or any parts thereof, may not otherwise be used, copied, reproduced, published, distributed, stored in a retrieval system, incorporated in any other work or publication, altered or transmitted in any form or by any means without our prior written consent.

5. Online Sales
5.1. To purchase tickets from the website, you must:
5.1. (a) Become an Hawkes Bay Racing user.
5.1. (b) Agree to comply with the Terms of Sale, which govern the purchase of tickets through the website.
5.2. The Terms of Sale form part of the overall Terms of Use of the website.

6. Privacy
6.1. We may collect and use information about you in the manner set out in our Privacy Policy. The Privacy Policy forms part of the overall Terms of Use of the website.

7. Limitation of Liability
7.1. To the fullest extent permitted by law, we exclude all responsibility and liability in relation to the website and we will not be responsible or liable for any loss, injury or damage however caused (including to any person or property), including under contract, tort, statute, product liability or otherwise, whether they be direct or indirect, special, incidental or consequential, resulting from your use of the website, the application of information found on the website, in connection with these terms of use, in relation to any relationships entered into or purchases made as a result of your use of the website or for any other reason whatsoever.
7.2. Without limiting clause 7.1, we will not be liable to you for losses arising directly or indirectly from any failure, error, interruption, changes, suspension, discontinuance or use of the website.

8. Breach of Terms of Use
8.1. Without limiting any other rights available to us at law or otherwise, if you breach any of these terms of use, we may terminate your access to the website, cancel your Hawkes Bay Racing account, cancel any tickets purchased through the website without refund or notice, or take any other action that we believe appropriate.
8.2. You agree to indemnify and keep indemnified us and our officers, directors and employees, and hold such persons harmless, from and against all costs, expenses, loss, proceedings or liabilities brought against or incurred by those persons in connection with your breach of these terms of use in any way.

9. Membership
9.1 Membership is free and is only available to people or parties with contractual capacity. When becoming an Hawkes Bay Racing user, you warrant that you have contractual capacity and that you can legally form a binding contract that is enforceable against you. In New Zealand, this requires you to be at least 18 years old.
9.2 In becoming an Hawkes Bay Racing user, you will provide us with certain information. You agree to give current, complete and accurate information to us, and to update any information that may have changed.
9.3 We may use the information provided by you to verify the accuracy of that information (including using the information to contact you).
9.4 We reserve the sole discretion as to who may be an Hawkes Bay Racing user and retain the right to terminate any membership without notice or further explanation.
9.5 You agree to keep your log-in details secure and confidential at all times, and not to disclose your log-in details to any other person. You agree not to allow anyone else to access your membership account. You also agree that you alone are responsible for all actions taken using your log-in details or membership account.
9.6 You agree to notify us immediately of any unauthorised use of your log-in details or membership account, or any other breach of security. Upon your notification, we will cease to rely on those details and/or terminate that account.
9.7 You waive any claim against us in respect of or arising from any reliance by us upon any use of your log-in details and/or membership account, including us disclosing information relating to your membership and/or affairs with us.

10. Governing Law
10.1. These terms of use will be construed and take effect as a contract made in New Zealand and will be governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand Courts.

11. Definitions
11.1. "we/us/our" are all references to Hawkes Bay Racing.
11.2. "website" means and includes Hawkes Bay Racing and any page derived from these websites and any page owned by Hawkes Bay Racing.
11.3. "you/your" are all references to you, as a user of the website.

12. Covid-19
12.1 You agree that your information may be held by Hawkes Bay Racing Incorporated for the purposes of COVID-19 contact tracing and may be disclosed to the Ministry of Health should the need arise. By purchasing Tickets and Hospitality Packages and attending a Raceday at a Venue, you agree to comply with:
(a) any COVID-19 conditions of entry for the Venue in place from time to time;
(b) any reasonable request from Hawkes Bay Racing Incorporated to undertake contact tracing at the Venue; and
(c) any Government or local government notice, regulation, law or guidance in connection with contact tracing or other public health requirements using the example of vaccine passes or mandatory mask mandates.
12.2 If the Raceday cannot be held as planned on the originally scheduled date due to a pandemic or epidemic event, including COVID-19 and including as a result of a Government notice, regulation, law or guidance affecting the operation of the Raceday, limiting the number of attendees at Raceday, or affecting the operation of any event, performance, or other activities at the Raceday, then Hawkes Bay Racing Incorporated will use its best efforts to reschedule the Raceday and all tickets will be transferred to the rescheduled date. If Hawkes Bay Racing Incorporated cannot reschedule the Raceday then Hawkes Bay Racing Incorporated will cancel the Raceday, and you will be entitled to a refund of the price you have paid for the ticket(s) less any applicable booking fee.
12.3 The Operator will not be liable for any delay or failure or inability to observe or perform any of its duties or obligations under these Terms & Conditions if that delay or failure arises from a pandemic or epidemic event, including COVID-19 and including as a result of a Government notice, regulation, law or guidance affecting the operation of the Raceday.