Terms and Conditions
Terms and Conditions
These terms and conditions apply to the use of this website and in accessing or using or browsing this website and/or purchasing goods and/or services from this website; you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, then you must refrain from using this website.
For the purposes of these terms and conditions, "this website" shall mean www.rowingnz.kiwi.
Rowing New Zealand: Any reference to "Rowing New Zealand", "Rowing NZ", "we", "our" or "us" in these terms and conditions shall mean "The New Zealand Rowing Association".
Amendments to terms and conditions: We reserve the right to review and amend these terms and conditions and our disclaimer from time to time. Amendments will be effective immediately and ROWING NZ has no obligation to notify you of such amendments. We recommend that you check this page for amendments each time you revisit this website. Your use of this website will represent an agreement by you to be bound by the terms and conditions as amended.
Specific warnings: You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. ROWING NZ does not accept responsibility or liability for any interference or damage to your computer system which arises in connection with your use of this website or any linked website.
All information provided by this website is intended to be general in nature and you should not rely on it in connection with the making of any decision. While we have no reason to believe that any information contained on this website is inaccurate, incomplete or misleading, we do not warrant the accuracy, adequacy or completeness of such information. ROWING NZ does not accept any responsibility or liability for any loss or damage suffered as a result of reliance by you upon the accuracy, completeness or currency of information contained on this website.
Restricted use: You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not on-sell information obtained from this website without our permission.
If you wish to provide a hypertext or other link to this website, you must contact ROWING NZ for our permission. We may or may not consent to you linking another website to this website, and the decision is entirely ours.
Intellectual property rights: Copyright of all text, graphics, logos and designs used in this website is owned or licensed by ROWING NZ. You may access and print material from this website provided it is used for your personal use, and not for any commercial purpose. Any reproduction of information on this website must include an acknowledgement of 'ROWING NZ' intellectual property rights in the relevant context.
Any word or device to which is attached the ® or TM symbol is a registered trademark. If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us.
You must not use any of our trademarks:
(a) In or as the whole or part of your own trademarks;
(b) In connection with activities, products or services which are not ours;
(c) In a manner which may be confusing, misleading or deceptive; or
(d) In a manner that disparages us or our information, products or services (including this website).
Linked websites: This website contains links to external websites.
ROWING NZ will not be responsible or liable for the content (including any liability arising out of any claim that the content of the linked website infringes the intellectual property rights of any third party) or privacy practices associated with any linked websites.
Any link to a website is provided to help you find sites containing information, products or services which may be of interest to you. No link to a website shall be construed as an endorsement or warranty, approval or recommendation by ROWING NZ of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained or available on or from those linked websites.
Unsolicited Electronic Messages Act 2007. Rowing NZ will comply with the Unsolicited Electronic Messages Act 2007 by only send email to consenting parties, all emails will have a clear unsubscribe option at the bottom of emails and clearly identify Rowing NZ has the sender.
We collect personal information from you, including information about your:
Personal Information including: name, date of birth, gender
Interactions with us
Billing or purchase information
We collect your personal information in order to manage your membership with us, provide products and services and to otherwise communicate with or manage our relationship with you. We maintain our records as an Incorporated Society under the Incorporated Societies Act 1908. We also collect word and pdf documents that contain personal information through our online nomination forms.
Providing some information is optional. If you choose not to enter date of birth, gender, full name, we will not be able to provide you a competition license. If you choose not to enter contact details, we will be unable to provide you with some products, services and relevant communications.
Rowing NZ shares some of your information with some third parties. This includes rowIT for the purposes of entries into regattas via that website. We are sometimes required to share your personal information with the rowing club to which you belong, the local rowing association to which your club belongs, other organisations which are affiliated to us to which you belong or have applied for membership, Drug Free Sport NZ, Sport New Zealand, High Performance Sport New Zealand, the NZOC and FISA. You consent to your personal details being disclosed to these organisations. Where we disclose your personal information with these bodies we shall use our discretion to only share such personal information as is necessary. We will never sell your data.
Where we communicate with you for marketing purposes we will comply with the Unsolicited Electronic Messages Act 2007. This means that we will provide you with instructions for unsubscribing from such messages if you choose. The reasons Rowing NZ will communicate with you will depend on why you are registered with us. When we do send you information it will be because we consider it relevant to you or the rowing related community you belong to. We do not share your personal information with our partners, sponsors or suppliers except with your consent. We may from time to time send you material on our partners, sponsors or suppliers’ behalf.
We keep your information safe by means of a secure online database and only allowing certain staff access to your information. Access is only provided when it is required to complete their role within the organisation.
In line with the Privacy Act 1993, you have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at firstname.lastname@example.org, or 07 823 4587, or PO Box 765, Cambridge. You can also update your details through your online dashboard accessible via rowingnz.kiwi.
Policy for online purchase of goods and/or services: If you intend to purchase goods and/or services through this website, you must confirm your acceptance of these website terms and conditions before we will process your order.
You cannot purchase goods and/or services through this website unless you are capable of making legally binding contracts. In confirming your acceptance of the website terms and conditions, you also confirm that once your offer to purchase the goods and/or services is accepted by us, your order will constitute a binding contract between yourself and ROWING NZ.
Ordering procedure for goods and/or services: You may offer to purchase goods described on this website for the price specified on this website by completing the online order form. Your order must contain your name, email address, credit card details and any other information requested.
Once your order has been processed you will receive an automated response confirming your details and the goods ordered. A printed GST invoice will be posted to you.
The dispatch of the goods from ROWING NZ will constitute our acceptance of your offer to purchase those particular goods.
We provide no warranty as to the availability of goods advertised through this website.
Any information on this website is up to date at the time it is posted on the website, but is subject to variation at any time without notice.
Payment for goods and/or services: We will only accept credit card payment or bank deposit of orders placed through this website.
You will be liable for all orders placed using your credit card details and agree to indemnify ROWING NZ against any losses, claims for damages arising from the use or misuse of your credit card details by any other person.
Prices are inclusive of goods and services tax, duties and other charges imposed or levied in New Zealand in connection with the supply of goods. Prices are exclusive of any taxes, duties or other charges imposed or levied overseas in connection with the supply of goods outside of New Zealand. Prices are also exclusive of postage and packaging charges.
Ownership and title in the goods does not pass to you until we have received payment in full.
We reserve our right to increase or decrease our prices without prior notice at any time.
Delivery of goods: If your postal address is in New Zealand, we will use our best endeavours to have the ordered goods dispatched and delivered to you within 5 working days of your payment being received.
If your postal address is outside New Zealand, we will use our best endeavours to have the ordered goods dispatched and delivered to you within 15 working days of your payment being received. We may charge you more for postage and packaging.
ROWING NZ will not be liable for any delay in delivery of the ordered goods.
Damaged goods: Risk of loss or damage to the goods passes to you upon dispatch of the goods to your postal address.
If however, the goods are damaged or faulty when they are delivered to your postal address, please advise us, and return the damaged or faulty goods to ROWING NZ within 5 days of those goods being delivered. ROWING NZ will consider whether to replace the goods or provide a refund to you.
If the goods fail to arrive at your postal address within a reasonable time following your order being placed, please notify us. We may replace the goods free of charge.
ROWING NZ will comply with its obligations pursuant to the Consumer Guarantees Act 1993.
Return of goods: If you change your mind regarding the purchase of goods after you have placed your order with us, please contact us to advise that you no longer require the goods.
We will consider whether to substitute those goods ordered for other goods of the same or lesser value or to provide a refund to you. The decision shall be entirely ours, and we are not obliged to accept 'change of mind' returns.
If we decide to substitute the goods or provide a refund to you, we will notify you, and will require the goods to be returned to us in the same condition as when the goods were dispatched and within 5 days of those goods being delivered to your postal address.
Any postage and packaging charges on returned goods are non-refundable.
Electronic goods: Where goods are supplied as Acrobat PDF files, these cannot be on-sold or traded by you.
MARKETING FOR EU DATA SUBJECT (You are an EU data subjects, if you are a resident of the member states of the EU, Norway, Iceland and Liechtenstein)
We would like to send you relevant marketing materials about our products, services, activities and events. If you are an EU data subject and you are happy for us to send such direct marketing materials by post and electronic means. You can opt-out or change your marketing preferences at any time via the ‘Manage my subsriptions’ on the Rowing NZ website or email@example.com, or 07 823 4587, or PO Box 765, Cambridge.
ADDITIONAL PROVISIONS FOR EU DATA SUBJECTS
The following additional provisions apply to you if the EU General Data Protection Regulation (EU 2016/679) (GDPR) applies to you.
Lawful grounds: Under the GDPR, we are permitted to process your information for the purposes described above, by relying on one or more of the following lawful grounds: (a) you have explicitly agreed that we may process your information for a specific reason; (b) the processing is necessary to perform the agreement we have with you or to take steps to enter into an agreement with you; (c) the processing is necessary for us to comply with our legal obligation; or (d) the processing is necessary for our legitimate interests, which include: (i) to protect our business interests; (ii) to ensure that complaints, including complaints about member conduct, are appropriately investigated; (iii) to evaluate, develop or improve our products and services; or (iv) to keep our members informed of relevant products and services, unless you indicate that you do not wish us to do so. We generally rely on your specific consent to process special categories of personal data (i.e., ‘sensitive information’). However, in some cases (for example, relating to an alleged offence), we may need to use some of that information to comply with our legal obligations.
Termination of access: We may terminate access to this website at any time without notice. Our disclaimer will nevertheless survive such termination.
ROWING NZ does not warrant that you will have continued access to this website, and will not be responsible or liable for any loss, claims, costs, expenses, or damage, directly or indirectly incurred or resulting from or related to your inability to use or access this website.
Disclaimer: ROWING NZ does not accept any responsibility or liability for any direct, indirect, incidental, consequential, special, exemplary or punitive damage, or for any loss of profit, income or any intangible losses, or any claims, costs, expenses, or damage, whether in contract, tort (including negligence), equity or otherwise, arising directly or indirectly from, or connected with, your use of this website or any linked website, or your reliance on information contained in or accessed through this website, or the online purchase of goods, including the failure of any order to be processed or any goods to be delivered.
To the extent permitted by law, any condition or warranty, whether express or otherwise implied into these terms and conditions, including fitness for purpose is hereby excluded. However, nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the New Zealand Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms and conditions are to be modified to the extent necessary to give effect to that intention.
If you are using this website or purchasing goods for business purposes, you agree that the New Zealand Consumers Guarantees Act 1993 does not apply.
Governing law: This website and content has been developed in accordance with the laws of New Zealand. These terms and conditions, and any matters or disputes connected with this website or the online purchase of goods shall be governed by the law of New Zealand and the New Zealand courts shall have exclusive jurisdiction to hear and determine all claims in connection with this website and its use.
Complaints: If you have a complaint about the content of this website, please contact firstname.lastname@example.org
Acceptance of terms and conditions: You acknowledge that you have read, understood and accept the above terms and conditions and our disclaimer.
2020 School Rower Survey - Terms and Conditions
1.Participation in this promotion is deemed acceptance of these terms and conditions.
2.This promotion is applicable only to those who complete the School Rower Survey 2020 and enter their details during the promotion period (see clause 5).
3.You (the “claimant”) must be a New Zealand resident aged at least 13 who is not (a) an employee or immediate family member of an employee of Rowing NZ (the “promoter”) or agencies associated with the promotion.
4.At the conclusion of the promotion, the winner will be selected via a random generator and receive a 2XU Clothing worth $500 (you may only enter once). Once the promotion period has concluded by (30 June 2020), the promoter will send out the prize within 30 days of a claim being approved and the winner’s address being provided (subject to any delay from the manufacturer outside of the promoters control).
5.This promotion starts on (10 May 2020) and ends midnight on (30 June 2020), but may be extended or cancelled at any time without prior notice.
6.To enter the Promotion, the claimant must complete the School Rower Survey 2020 and enter their details between (10 May 2020) and (30 June 2020). We may extend or cancel this promotion at any time without prior notice.
7.The promoter reserves the right to
(a) modify, suspend, terminate or cancel the promotion at any time without notice;
(b) substitute the prize or part of the prize with a prize to the equal value and/or specification. The gift is not transferable or exchangeable and cannot be taken as cash.
8.Any cost associated with accessing the promotion is your responsibility including telecommunications and internet service provider charges.
9.Except for any liability that cannot be excluded by law the promoter including its officers, employees and agents excludes all liability (including negligence), for any personal injury, or for any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the promotion, including, but not limited to
(a) any technical difficulties or equipment malfunction (whether or not under the promoter’s control);
(b) any theft, unauthorised access or third party interference;
(c) any registration or claim that is late, lost, altered, damaged or misdirected (whether or not after receipt by the promoter);
(e) any tax liability incurred by a winner or entrant; or
(f) from use of the prize. For the avoidance of doubt, nothing in these terms and conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under New Zealand Consumer Law.
11.By entering this promotion, claimants agree to receive marketing and general information from the promoter.
12.If the promoter does not enforce any of its rights under these terms and conditions at any stage this does not constitute a waiver of those rights.
13.These terms and conditions are governed by the exclusive laws of New Zealand and come under the exclusive jurisdiction of the New Zealand courts.
14.Rowing NZ, 601 Maungatautari Road, RD 2, Cambridge 3494. (www.rowingnz.kiwi)