Terms of Sale
FANZ has strict policies to protect its Site Users. If you use the Site to book tickets or to assist in any way with running an Event for, or in association with the Site, you are agreeing to comply with these policies. You may not use the Site to book for or run events that are not directly associated with Franchise Association of New Zealand. Please read the policies carefully before you use the Site:
FANZ uses reasonable commercial efforts to keep the Site available 24/7. Exceptions are scheduled maintenance, unscheduled maintenance and system outages. We cannot promise that the Site will always be available and assumes no liability or responsibility for any interruption or its consequences. Book early to avoid being disappointed.
The information on the Event pages is provided in good faith and FANZ takes all reasonable care to keep the information on the Site accurate. FANZ assumes no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness and usefulness of all content available through the Site or from a linked website. You should not assume any booking on the Site is complete until you receive a confirmation email from FANZ.
Security Capabilities and Policy for Transmission of Payment Card Details
When you pay by credit card via the Site you are passed to an e-commerce gateway provider. You will see the provider name before you enter your credit card details. The provider may be Windcave, Paymark, Stripe, Braintree, eWay, PayPal or ANZ eGate. You will enter your credit card details within the secure environment provided by the e-commerce gateway provider. When the provider makes these available, we may store your cardholder name and a masked version of your card number for the purposes of completing your transaction and in compliance with our legal obligations. At no time do we store or have access to your complete card number or other card details. All providers are compliant with the Payment Card Industry Data Security Standard (PCI DSS). All communication between the Site and the payment gateway is encrypted by 128 bit Secure Sockets Layer (SSL) technology.
Credit Card Transactions
If you are the cardholder and you dispute any charge on your credit or debit card related to any Event, service or product booked through the Site you agree to notify FANZ within 24 hours of the scheduled Event start time. You agree that FANZ will have full authority in collecting amounts owed for bookings made through the Site from your bank/credit card company or through courts/collection agencies. You will be responsible for all costs and expenses of FANZ in collecting any outstanding amounts (including costs on solicitor own client basis).
The information contained within the Site including graphics and logos are the property of FANZ. All programming scripts are copyright of Wild Apricot/Personify who developed the Site. All trademarks on the Site are primarily the intellectual property of FANZ. Any other trademarks on the Site are trademarks of their respective owner. Nothing contained on the Site should be construed as granting any license or right of use of any information, graphic, logo, trademark or copyright displayed on the Site without the express written consent of FANZ, or the third party owner of the relevant Intellectual Property.
FANZ provides links to other websites. When you click on these links you are leaving our Site and entering another website. These linked websites are not under the control of FANZ, and FANZ is not responsible for the contents of any linked website. Clicking on these links is entirely at your own risk. You should read the terms and conditions of these websites before using these websites. You may create links from your own website to the Site through a plain text link or through FANZ’s branded link, provided that you:
- discontinue the link immediately if requested by FANZ,
- do not imply in any way that FANZ is endorsing your products, services, organisation or anything affiliated with you,
- represent FANZ fairly and accurately,
- acknowledge all copyright and only use a plain text link or the branded link provided.
FANZ reserves the right to require you to remove links to the Site at its sole discretion.
Exclusion of Warranties and Limitation of Liability
FANZ makes no warranty of any kind regarding the Site and/or any materials provided on the Site, all of which are on an “as is” and “as available” basis. FANZ, Event Organisers and advertisers on the Site do not warrant the accuracy, completeness, currency or reliability of any of the content of the data found on the Site and expressly disclaim all warranties and conditions of any kind.
The Consumer Guarantees Act 1993, Contract and Commercial Law Act 2017, the Fair Trading Act 1986 and other statutes or laws may imply warranties or conditions or impose obligations upon FANZ which cannot by law (or which can only be to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on FANZ, FANZ’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the lesser of the minimum extent required by the relevant statute or the fees paid for the ticket.
Except as otherwise provided herein, FANZ shall not be liable for any loss or damage of any kind whatsoever, arising from the sale of the tickets to you or your use of the Site, including consequential indirect or special damage or loss whether suffered or incurred by you or another person and whether in contract or tort (including negligence) or otherwise irrespective of whether such loss or damage arises directly or indirectly from the ticket(s) sold to you or use of the Site.
You shall defend and indemnify FANZ and any third party providers and distributors and their officers, directors, employees and agents from and against any actions, proceedings, losses, damages, liabilities, claims, cause of action or demand, costs and expenses including without limitation fines, penalties, legal and other professional costs on a full indemnity basis that we or any of our officers, directors, agents, advisers or employees incurs or suffers as a direct or indirect result of :
- your breach of these Terms or the policies made part of these Terms by reference,
- your violation of any law or the rights of a third party
- your use of our Site.
FANZ Terms of Sale
General Terms and Conditions
Tickets sold through the Site are sold subject to the following terms and conditions and to any other conditions displayed at the time of booking. The tickets are sold subject to the following terms and conditions:
- Please check the Event time, date and location before your book. Tickets cannot be exchanged for other dates, times or events except as expressly written herein.
- Your sale is not complete until the event takes place. If the event is cancelled by FANZ for whatever reason, including force majeure, please see the Event Cancellation policy regarding availability of refunds.
- If you choose to cancel the purchase of the ticket for any reason then the amount paid for the relevant ticket will be available to you for refund, less the applicable cancellation fee as may be specified on one of either the specific ticket details, invoice details, overriding cancellation notice, or event notice, but if not specified then shall be between 0% to 50% of the ticket sale price depending on our supplier requirements.
- Any and all details shown on your Event Registration Form can and will be passed to the Event Organiser who may or may not be an Employee of Franchise Association of New Zealand.
- All prices are expressed in New Zealand dollars (NZD).
- You can cancel your booking at any time leading up to the event. Whether a refund or credit is due will be determined by specific terms displayed during booking and reproduced on your invoice and/or these Terms of Sale.
- FANZ reserves the right to make changes to the programme for an Event as circumstances arise in its sole discretion. Every effort will be made to ensure the replaced programme is of an equivalent standard and value should unavoidable changes arise.
- If you purchase a ticket on behalf of another person or on behalf of an organisation, you warrant and undertake that you have due authority to accept these Terms of Sale on behalf of that person and/or organisation.
- The Franchise Association of New Zealand Inc. is committed to protecting your privacy when using our services.
- By using our website, you confirm that you are not a child or a young person under the age of 18 years. Our website is not intended for children and young persons under the age of 18 years and we do not knowingly collect data relating to children and young persons.
- Within this policy:
(a) “you” and “your” means you as the user of our services and/or of our website;
(b) “we”, “our” and “us” refers to Franchise Association of New Zealand Inc. (“FANZ”) and related parties; and
(c) “Event” includes, but is not limited to, conferences, award ceremonies, seminars, trade shows, workshops, and galas
(a) our website, www.franchiseassociation.org.nz;
(b) applications for membership with FANZ (including franchisor and multibrand franchisor applications, affiliate applications and franchisee, associate, individual and student applications);
(c) applications to attend conferences and other Events;
(d) applications for the New Zealand Franchise Awards (“Awards”) and
(e) any other personal information collected by FANZ.
What Personal Information Do We Collect?
- Within this policy ‘“personal information” means the same as it does in the Privacy Act 2020. In general terms, this means information that can be used to personally identify you.
We collect personal information from you, including your:
(b) email address
(c) other contact information (including phone numbers and address details)
(d) profession, occupation, organisation and job title
(e) organisation details
(f) computer or network
(h) interactions with us
(i) Event attendance information, including dietary requirements and medical information.
- You are responsible to ensure that all information you provide us is current, complete and accurate. If FANZ believes that the information you provide is not current, complete, or accurate, FANZ may have the right to decline access to information or services, deny access to certain parts of the FANZ website, decline your application for membership with FANZ or applications for Event registrations until current, complete or accurate information is provided, refuse registrations for Events.
Why Do We Collect Personal Information?
- We collect your personal information in order to:
(a) perform our activities as FANZ,
(b) process membership applications, upgrades and membership renewals,
(c) verify your identity and contact details,
(d) conducting any Events,
(e) distribution of publications, newsletters and promoting our products and services,
(f) communication to individuals and providing requested products or services,
(g) manage the safety and security of our members and other users,
(h) personalise and customise your experience,
(i) to provide you with access to secure areas of our website,
(k) to send you information regarding FANZ Events, opportunities, benefits of membership, updates, information surveys and newsletters and the like pertaining to FANZ and the franchise sector,
(l) to conduct competitions or promotions on behalf of FANZ and selected third parties,
(m) to provide to third parties such as sponsors, strategic partners, exhibitors and guest speakers but only if you have authorised us to do so, and
(n) any other transaction of activity as a result of the performance of our role as an organisation providing, services, products and benefits to our members and to others.
What Happens If We Do Not Collect Personal Information?
- Providing some information is optional. If you choose not to enter personal information we may not be able to:
(a) provide certain information or services you have requested,
(b) approve your application for membership with FANZ,
(c) approve any Event registrations, including applications to attend conferences and award ceremonies,
(d) tailor our content, website and communications for your preferences.
How Do We Collect Personal Information?
- We do this in a variety of ways, including through:
(a) you providing it directly to us (including by way of an application for membership or registration for an Event),
(b) your conversations or email interactions, between you and our staff,
(c) your access and use of our website, apps and other sources.
(a) allow you to enter certain site member services without having to log in each time you visit,
(b) to research our users’ habits so that we can improve our services,
(c) to learn about member and user preferences so that we can present customers with web content and advertising that is relevant to them, and/or
(d) to produce data on web traffic and member web activity through our website.
- The FANZ website uses from time to time the services of Google Analytics, Google Tag Manager and Google ID as well as WordPress PHP sessions and WP settings. These are used for the above purposes as well as to inform, optimise, and serve ads on the internet based on someone’s past visits to the FANZ website. Personally identifiable information is not stored by us or any third-parties. You can visit the Google and WordPress websites to find more information on their privacy practices and how to opt out in relation to specific cookies.
- You have the ability to disable cookies (for all sites) from within your browser settings and you can control the extent to which your device allows cookies. You can do this by changing the settings on the browser software that your device uses to access the internet.
Will I Receive Communications From FANZ?
- From time to time, FANZ will communicate with you regarding FANZ, your membership (if applicable) including election and AGM information, franchise practices and advice, new policy or regulation, Events, opportunities, benefits of membership, promotions, sponsor deals, surveys, newsletters and the like. This will include communicating with you electronically, by email, phone or by text/sms.
- By registering with FANZ for membership or for any Event, or by providing us with your details for our database, you consent to receive communications from FANZ. You may opt out of receiving communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to email@example.com.
Who Do We Disclose Personal Information To?
- We may disclose your personal information:
(a) to our board members, employees contractors, sub-contractors and agents,
(b) for the operation of FANZ (or for the operation of our website),
(c) to provide products and services to you and fulfil any requests by you,
(d) to communicate with you electronically, by email, phone or by text/sms,
(e) to other delegates and third parties as part of the delegate list when you have registered for any FANZ Events,
(f) where we are permitted to under the Privacy Act 2020,
(g) to third parties where FANZ utilises third parties to undertake services, but only to the extent required to fulfil those services, and
(h) with your consent.
- We may share your personal information with third parties if you have authorised us to. This will generally be for the purposes of franchise related competitions, promotions, information and marketing. Third parties may include sponsors, strategic partners, exhibitors and guest speakers. We do not share your information if you do not provide your consent.
- We use third party providers to store our data, including personal information and we ensure that our third party data processors can meet our privacy and security requirements. All the information we hold about you will be processed and stored in accordance with data protection laws which include but are not limited to the Privacy Act 2020.
- Depending on the third party, some levels of personal information may be disclosed to third parties in countries outside New Zealand and steps are taken to reasonably ensure it has similar levels of data protection. If the third party is not in a country with similar levels of data protection, this will be made known to you and we will only share the required personal information necessary for the purposes of the performance of our services upon receipt of your authorisation.
- Beyond the above, we release personal information only when it is permitted under the Privacy Act 2020 or if required by law.
How is Your Personal Information Protected?
- We take all reasonable steps to protect the personal information that we hold from misuse, loss, unauthorised disclosure or access. If you suspect your personal information may no longer be secure or has been compromised, please let us know immediately.
How Can You Access or Correct Your Personal Information?
- Registered members of FANZ can update their member details by getting in touch with us. We request that you keep your information as current as possible so we can continue to improve our services.
- 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 would like a copy of your information, or to have it corrected, please contact us at our contact details below.
- Our data privacy officer is responsible for overseeing your personal data requests. If you have any questions or intend to exercise your legal rights, we would appreciate the first opportunity to deal with your concerns so please contact the data privacy officer as set out below:
Data Privacy Officer: Susan Mott
Telephone: +64 9 274 2901
Address: 4 Whetu Place, Rosedale 0632
- If you are not satisfied with our response, or believe we are processing your information unfairly, unlawfully or without transparency, then you can complain to the Office of the Privacy Commissioner. You can find more information about the Privacy Commissioner and their complaints procedure at http://privacy.org.nz.
Event Cancellation or Changes Policy
Event Cancellation or Changes
FANZ in its sole discretion is entitled to cancel an Event before the start date of the relevant Event if FANZ determines it is no longer viable for whatever reason to proceed with the Event. In this circumstance, if an Event is cancelled after your tickets are bought and paid for, you will be entitled to a refund of your ticket purchase less a non-refundable booking and payment processing fee in the amount as may be specified on one of either the specific ticket details, invoice details, overriding cancellation notice, or event notice.
FANZ reserves the right to cancel an Event at any time (and in some circumstances without refund if suppliers have already been paid) in a force majeure event. FANZ reserves the right to provide any relevant refund amount by way of a credit to another FANZ Event of your choice in its discretion. Where credit is given to another Event, any positive balance will be credited to a further Event and if the credit is less than the cost of the ticket to the new Event, you will be obliged to pay the difference. For the purposes of this policy, a force majeure event includes but is not limited to any war, civil disorder, financial, monetary or economic development, act of Government, epidemics, pandemics or other factors beyond the reasonable control of FANZ or its suppliers.
In the event of a force majeure and where it is possible to do so, FANZ reserves the right to change the method in which the Event is held, including but not limited to changing the event to an online only event. In the event of such change, the ticket you have purchased continues to be valid and no refund is due or owed to you.
Ticket buyer’s complaint process
If you buy a ticket and you have due cause to receive a refund from the ticket seller you should notify the Franchise Association of New Zealand by clicking the urgent help link within 24 hours of the event’s scheduled finish time. Notifications can be made via the “My Events” page within your log in.
FANZ will return an acknowledgement of the request within fifteen minutes of its receipt. If that acknowledgement is not received, please re-submit the request notification and call FANZ on +64 9 274 2901 during standard business hours.
Contact us about cancellation
If you have any questions about the cancellation policy, the practices of the Site, or your dealings with Franchise Association of New Zealand you can contact us at +64 9 274 2901.