Web Site Terms and Conditions of Use
1. Acceptance of terms
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
("ASB Showgrounds" or "we" or "us") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
2. Description of service
We currently provides users with access to a collection of on-line resources, including, various communications tools, shopping services and personalised content. You understand and agree that the Service is provided "AS-IS" and that ASB Showgrounds assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.
3.Privacy Policy
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy.
4. Client account, password and security.
ASB Showgrounds designates your account and password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
- immediately notify us of any unauthorised use of your password or account or any other breach of security; and
- ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
5. Termination
You agree that ASB Showgrounds, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if ASB Showgrounds believes that you have violated or acted inconsistently with the letter or spirit of the TOS. ASB Showgrounds may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ASB Showgrounds may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ASB Showgrounds shall not be liable to you or any third-party for any termination of your access to the Service.
6. Limitation of Libility
You expressly understand and agree that ASB Showgrounds shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ASB Showgrounds has been advised of the possibility of such damages), resulting from:
1. the use or the inability to use the Service; 2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; 3. unauthorised access to or alteration of your transmissions or data; 4. statements or conduct of any third party on the Service; or 5. any other matter relating to the Service.
If you are a resident of Australia, you agree that ASB Showgrounds's liability for any breach of a condition or warranty implied by Division 2 of Part v of the Trade Practices Act (other than a condition or warranty implied by section 69 of that Act) in respect of the Service shall be limited as follows:
1. in the case of goods, to any one or more of the following (as ASB Showgrounds may determine): (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of the goods; (3) the payment of the cost of replacing the goods or acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired.
2. in the case of services, to one of the following (as ASB Showgrounds may determine): (1) the payment of the supplying of the services again; or (2) the cost of having the services supplied again, except as expressly provided elsewhere.
If you are a resident of New Zealand and use this Service for a business purpose, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of the Service or these terms.
9. Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above disclaimers of warranty and limitations may not apply to you.