These Online payment terms apply to the use of the online payment transaction services (the services) for the payment of certain types of transactions as made available by The Home of Cycling Charitable Trust through The Home of Cycling Charitable Trust website www.avantidrome.co.nz.
These Online payment terms constitute a contract between you and The Home of Cycling Charitable Trust. Please read them carefully. You may either accept or decline the terms as indicated at the bottom of the payment page, but to make payment using the services you must accept the terms by clicking “I Accept“.
Please note that the Online payment terms may be altered or added to by The Home of Cycling Charitable Trust at any time that The Home of Cycling Charitable Trust determines necessary, with or without notice. Please, therefore, ensure that you read the terms carefully on each occasion that you use the services.
Online payment terms
- You may use the services for the purposes of making track session payments to The Home of Cycling Charitable Trust where The Home of Cycling Charitable Trust offers the services, provided that you do not:
- In any way damage or disrupt the services/operation of the services.
- Use the services for any unauthorised or unlawful purpose.
- You warrant that:
- You are aged 18 or over
- You have the appropriate authority to validly accept the Online payment terms and are able to and will meet your obligations in relation to these terms.
- The credit card used in connection with the services is issued in your name.
- You will pay the credit card issuer all charges incurred in the use of the services.
- The information supplied by you is true and correct.
- Payment may be made using only debit or credit cards.
- The Home of Cycling Charitable Trust may contact you to confirm your credit card details.
- All charges are in New Zealand Dollars and inclusive of GST (if any).
- Upon completing a transaction using the services, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct. The Home of Cycling Charitable Trust shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of the use of the services or for loss of data or information caused by factors beyond The Home of Cycling Charitable Trust’s control.
- Once a payment has been made it cannot be cancelled.
- The Home of Cycling Charitable Trust accepts no responsibility for refusal or reversal of payments, which shall be a matter between you and your credit card issuer.
Provision/collection of information
- You acknowledge that the credit card information supplied by you in relation to the use of the services is processed through a secure third party website. The only information supplied to The Home of Cycling Charitable Trust via the third party website is:
- The name of the payer.
- The invoice/notice number. Not sure what we should put here maybe session time/date
- The first four and last three digits of the credit card (for validation purposes).
- The payment amount.
- By using the Services you agree:
- To provide information through electronic means, ie you agree to provide any relevant information, in the format and to the standards described for each transaction.
- That the information supplied by you will be retained in electronic form.
- To receive information through electronic means.
- Payments made online for track sessions are non-transferrable and non-refundable. You acknowledge and agree to this by checking the I accept Terms and conditions box.
- Payments using the services are made through a secure third party website. However, you acknowledge and agree that Internet transmissions cannot be guaranteed to be entirely secure or private and any information provided by you (including credit card information) may be able to be read and/or intercepted by a third party. The Home of Cycling Charitable Trust shall have no liability for the interception and/or ‘hacking’ of any data or other unauthorised access to information provided by you for the purposes of the services.
Exclusion/limitation of The Home of Cycling Charitable Trust liability
- To the extent permitted by law, The Home of Cycling Charitable Trust does not accept liability for any damage, loss, costs (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred by you from the use of the services. If, for any reason, The Home of Cycling Charitable Trust is found to be liable to you for any damage or loss which arises as a result of your use of the services, The Home of Cycling Charitable Trust’s liability shall be limited to the amount paid by you through the services or $100, whichever is the lesser.
Consumer Guarantees Act 1993
- If the Consumer Guarantees Act 1993 applies to your transaction you may have rights or remedies that are not excluded or limited by clause 13. If you are using the services for business purposes, the exclusions and limitations set out in clause 13 will apply and the provisions of the Consumer Guarantees Act 1993 are hereby excluded.
Use/availability of services
- The Home of Cycling Charitable Trust does not warrant or guarantee that the services and/or your use of the services will be error-free, immediate, virus free and/or continuously available or that the information provided through the services will be complete, accurate and/or up-to-date.
- The Home of Cycling Charitable Trust reserves the right to suspend, amend or cancel the services at any time either temporarily or permanently.
The Home of Cycling Charitable Trust website terms and conditions
- These Online payment terms form part of The Home of Cycling Charitable Trust website terms and conditions of use, which apply to general Home of Cycling website usage. By agreeing to comply with the Online payment terms you also agree to comply with The Home of Cycling Charitable Trust website terms and conditions of use. If there is a conflict between The Home of Cycling Charitable Trust website terms and conditions of use and these terms, the Online payment terms shall prevail.
- You agree to indemnify The Home of Cycling Charitable Trust for any loss, cost or expense suffered or incurred by The Home of Cycling Charitable Trust as result of:
- Your breach of your obligations under the Online payment terms.
- Intentional misuse of the services.
- Your negligent acts or omissions.
- Any claim brought against The Home of Cycling Charitable Trust by a third party in relation to your use of the services.
19. The Online payment terms are governed by New Zealand law. The New Zealand Courts have exclusive jurisdiction over any matter in connection with the services and these Online payment terms.