1. GENERAL WEBSITE TERMS AND CONDITIONS
1. Acceptance: This website is owned and operated by Heart of the City Incorporated
("HOTC"). Your use of this website is subject to all applicable laws, these general terms
and conditions, the privacy policy below and any additional terms of use indicated on this
website (together, the "Terms"). By accessing and browsing hotcity.co.nz or
heartofthecity.co.nz ("our websites"), you agree to be bound by the Terms. If you do not
wish to be bound by the Terms, please do not use our websites. HOTC may amend the
Terms from time to time (see clause 5 below). You agree to be bound by the Terms in
effect at the time at which you access this website.
2. General Disclaimer: HOTC makes every effort to ensure the information published on our
websites is up-to-date and accurate. However, we cannot guarantee the accuracy of our
content at any one time. HOTC does not accept any liability for any loss or damage which
may directly or indirectly result from any advice, opinion, information, representation or
omission, whether negligent or otherwise, contained on or accessed through our websites.
3. HOTC is not an agent of any retailer or third party. If you buy products from the retailer’s
own website HOTC will not be responsible to you in any way relating to those purchases
or any transaction you may enter into through use of our websites.
4. Additional terms: Some of the individual services, promotions, events and offers
advertised on or through our websites are governed by HOTC’s and third party suppliers’
additional terms of use (the "Additional Terms"). You accept, and agree to comply with,
any Additional Terms (and HOTC’s Additional Terms prevail if there is any inconsistency
with these general terms and conditions).
5. Changes to Terms: These Terms may be amended at any time by HOTC without specific
notice to you. The latest Terms will be posted on our websites, and you should review
these Terms prior to using our websites.
6. Limited duration and availability: Any events, offers and deals listed on our websites may
only be available for a limited time period (as indicated on the website) and are only
available and redeemable in New Zealand by New Zealand residents and visitors in New
Zealand (except where expressly stated otherwise). Such events, offers and deals are also
subject to availability and change and are the sole responsibility of the relevant third party
supplier, not HOTC. In some instances, the events, offers and deals listed on our websites
will be subject to strict age restrictions (e.g. R18 or R20), including but not limited to
events, offers and deals for bars, restaurants, hotels and casinos and so only persons who
meet the age restrictions are eligible for the aforesaid events, offers and deals. To apply
for, or be entitled to, an event, offer or deal on our websites, you may need to register
your details with HOTC or the relevant third party supplier and/or apply for that event,
offer or deal. You acknowledge that any events, offers and deals listed on our websites
have not been successfully allocated to you unless and until this has been confirmed by
HOTC or the relevant third party supplier.
7. Change of Content: HOTC reserves the right to make changes to the content of our
websites at any time without notice, excluding in the case of our member database where
members change and update their own data from time to time.
8. Notice of Copyright: Material that you see on our websites or contained in emails sent to
you by HOTC (including email newsletters) may be protected by copyright or trade mark,
patent or other protections (“the Rights”), even if it is not stated to be. You may not
download, copy, reprint, distribute or otherwise publish information, graphics or images
from our websites without the express permission of the owner of the Rights. HOTC is not
responsible for damage (including damage caused by viruses) to your computer or
software or any losses suffered by you as a result of downloading, installing or using the
material.
9. Price and GST: Unless expressly stated otherwise, all references to price on our websites
are in New Zealand Dollars (NZD) and are subject to Goods and Services Tax (GST), where
applicable.
10. No responsibility: Although HOTC endeavours to ensure that the third party events, offers
and deals on heartofthecity.co.nz are genuine, HOTC does not necessarily sponsor,
guarantee or approve of any of the events, offers or deals advertised or promoted on this
website and, to the extent permitted by law, accepts no responsibility or liability for the
events, offers or deals whatsoever. Admission to some events, or redemption of some
offers or deals, may require the purchase of tickets or advanced booking, which are
subject to availability and Additional Terms.
11. Accuracy: HOTC endeavours to ensure the information and data published on our
websites, including but not limited to publications or information and data, is up-to-date
and accurate. However, we cannot guarantee the accuracy of our content at any one time
or that our websites (or emails sent from HOTC) will be error free, free of any viruses or
compatible with any other software or material. HOTC does not accept any liability (to the
extent permitted by law), for any loss or damage which may directly or indirectly result
from any advice, opinion, information, representation or omission, whether negligent or
otherwise, contained on or accessed through our websites or any emails or electronic
alerts sent to you by HOTC (including but not limited to email newsletters).
12. Inaccuracies: If you want to amend the information we hold or correct any inaccuracies
that have been published on our websites or sent via email, you may do so by sending an
email to info@hotcity.co.nz.
13. Links: Our websites may contain links to other sites. HOTC accepts no responsibility or
liability in relation to content, accuracy or opinions expressed in these sites. Inclusion of
any linked website on our website does not imply approval or endorsement of the linked
website by us. If you decide to leave our website and access these third party sites, you
do so at your own risk.
14. No interference: When using our websites, you agree not to do anything that may cause
HOTC undue inconvenience, disruption or offence, or that may affect the security or
operation of our websites, any services offered via our websites or any network or system
underlying or connected to them (including without limitation, by using a robot, spider,
scraper or other automated means to access this website or feature on it for any
purpose). HOTC reserves the right to terminate your use of our websites for any reason
whatsoever (in its sole discretion, acting reasonably). You agree to indemnify HOTC
against the consequences of any breach of these Terms.
2. PRIVACY POLICY
1. Your consent: By using our websites and signing up to email newsletter/s, offer alerts or
other alerts and/or using HOTC’s services, you consent to our collection, use, disclosure,
and processing of your personal information as described in this privacy policy.
2. If we change our privacy policies and procedures, we will post those changes on our
website to keep you aware of what information we collect, how we use it and under what
circumstances we may disclose it.
3. Cookies and web tags: Cookies are small bits of data that are deposited on a user's
browser. Our websites utilise cookies, IP addresses and other interactive techniques such
as web tags to collect information on how you use our websites for specific functions,
including running analytics and targeting messaging on social media. The cookies and tags
we use do not collect personally identifiable information, and we do not use them to
determine your identity. Cookies permit users to store their password and other user
information without having to constantly re-enter this data. Cookies also permit us to
tailor our websites to your needs. Most browsers permit users to decline to accept
cookies, although the default setting is typically to accept them. You may choose to
decline the cookies, but refusing cookies may limit your ability to use our websites in their
entirety.
4. Information collection: If you do nothing during your visit but browse through our
websites and read the information contained on the web pages, then we may gather
certain information about your visit automatically. This information does not identify you
personally. We may automatically gather the internet domain (for example,
"companyx.co.nz" if you use a private internet access account, or "myschool.ac.nz" if you
connect from a university's domain), IP address (an IP address is a number that is
automatically assigned to your computer whenever you are surfing the web) from which
you access our website, and the date and time you access our website and the pages you
visit. This information is used in statistical and aggregate formats to assess the
effectiveness of and improve our websites and HOTC’s services, to determine our visitors’
preferences and interests, and to help us target messaging on social media.
We may collect non-public personal information from you when you voluntarily provide
personally identifiable information to us though our websites, such as when entering
competitions or submitting a membership application. We limit use of such information
to the purposes for which the information was provided and/or intended for. If you send
an email that includes personally identifiable information, for example, in an email
containing an inquiry, we will use that information to respond to your inquiry. Remember
that email is not necessarily secure against interception.
5. Consumer member registration: To apply for, or be entitled to, an event, offer or deal
on the consumer website (heartofthecity.co.nz), you may be prompted to register as a
member of the website. If you register as a member directly through the website, you will
need to provide HOTC with personal information such as your name and email address. If
you register as a member through Facebook, you will be required to give permission to
HOTC to access your basic information (which includes your name, profile picture, gender,
networks, user ID, list of friends, and any other information you have publicly shared).
You will not be able to register as a member if you do not provide or allow HOTC access
to such personal information.
6. Business member registration: If you register as a business or commercial property owner
member through the business website (hotcity.co.nz), you will need to provide HOTC with
personal information such as your name, mobile number and email address, or you will
not be able to register as a member. This information is your responsibility to administer
at all times by logging on to your profile. You are able to choose what information is
published and what is used for membership communications only. All information you
provide will only be used for the purpose for which it is provided and will not be shared
with third parties.
7. Offensive content and membership removal: You agree that at all times during which
you are a member of either of our websites, you will use a name and/or profile picture
which is not defamatory, indecent, objectionable or otherwise offensive. You also agree
that no content you create on our websites will be defamatory, indecent, objectionable
or otherwise offensive. You acknowledge that HOTC, in its sole and absolute discretion,
may remove you as a member of our websites, or remove any content you create, at any
time without notice to you should you breach these Terms.
8. Newsletters: When you subscribe to either, or both of our newsletter mailing lists, your
details become part of HOTC's email newsletter mailing list. Being part of this list enables
us to send you information about offers, events, shopping, dining, nightlife, attractions,
accommodation, advocacy, city centre developments, The information you have provided,
will remain confidential and will be used only for the purpose of communication, as well as for
targeting our messaging on social media via de-identified means (eg using Audiences on Facebook).
Once subscribed to these mailing lists, you may unsubscribe at any time.
9. Offer Alerts: When you subscribe to receive offer alerts, your details become part of the
HOTC's mailing list. Being part of this list enables us to send you information about HOTC
offers. Only HOTC has rights to this mailing list and we will take all reasonable steps to
ensure that your contact details remain confidential at all times. Once subscribed to this
mailing list, you may unsubscribe at any time.
10. Access: You may ask to see the personal information that HOTC holds about you at any
time by contacting us or by viewing your details on your account page and or your member
profile. You are entitled to ask HOTC to correct, alter or delete any personal information
that we hold about you by contacting us at Level 5, 125 Queen St, Auckland, New Zealand
or info@HOTCity.co.nz.
11. Competition: Any personal information collected as part of a competition or survey will
be held by HOTC in accordance with its obligations under the Privacy Act 2020 and will not
be shared with third parties.