1 TERMS AND CONDITIONS
sportsground.co.nz and schoolground.co.nz are networking and communication websites owned by
Sportsground Limited, ("Sportsground") a limited liability company incorporated in New Zealand. Sportsground allows people to
create and modify internet websites and web pages to communicate between sports organisations, sports clubs,
schools, sportspeople, teachers, students, their families, coaches, supporters and others.
Sportsground also facilitates fundraising for sports organisations, schools and sports clubs by allowing schools
and clubs to sell and display advertising banners and advertising messages in Banner Positions on the web pages
that relate to an organisation, school or sports club as well as on the web pages of teams and players that are
associated with the organisation, school or sports club.
These terms and conditions are the terms on which Sportsground allows you to place a message or advertisement in a
1.1 Acceptance of terms
and conditions: These terms and conditions are the terms on which Sportsground allows you to advertise on the
Website. By Advertising on the Website, you are deemed to have accepted these terms and conditions and are bound
by them. If you do not accept these terms and conditions, you must refrain from Advertising on the Website.
1.2 Terminology: In
these terms and conditions, the following expressions have the meanings set out:
'Advertiser' means anyone who legally places Advertising on a Website;
'Advertising' means the submission of any banner advertisement or message irrespective of its content for
placement on one of the advertising positions made available by Sportsground on a Website;
'Agreement' means these terms and conditions;
'Banner Positions' means the unique positions on Your Site that are designed to facilitate the display of
messages or advertising images, being a tower banner of 160x600 pixels at the top right of each page and such other
positions as Sportsground may make available for banner advertising from time to time.
'Content' means any information posted to the Website by any Advertiser or Editor including but not limited
to any advertisement, banner message, text, images, photos, or any other materials and in instances where a link
is created to any external website then this definition includes the content of such external website.
'Duration' means the length of time Sportsground allows an Advertisement to be displayed in a Banner
Position, such length of time to be displayed in close proximity to the Banner Position. By way of example only,
'Editor' means any person who has requested and been authorised by us to have login access to add, modify,
delete or otherwise administer Content on the Website, and including any other person who the authorised person
shares their login access with;
'Parent Site' means any Sportsground website that is capable of having Subordinate Sites. For example, a
Sportsground website for a sports club or school may have a number of subordinate team or classroom websites
associated with it and in such instances the club or school site is a Parent Site to such subordinate team or
'Subordinate Sites' means any Sportsground website that is associated with a Parent Site. For example, a
player website might me associated with a Sportsground website for a team or a sports club or school, in which
case the player website is a Subordinate Site to the team website or school/club website. Similarly, a team
website is a Subordinate Site to the school or sports club website the team belongs to;
'User' means any person who either simply browses the Website or who has registered with Sportsground for
the purpose of participating in functionality offered by Sportsground and who may or may not take action in
response to your Advertising;
'we', 'us' and 'our' are a reference to Sportsground;
'you' and 'your' are a reference to you;
'Website' means any Sportsground website or sub-site through which advertising positions are made
2 SPECIFIC WARNINGS
2.1 The services:
Sportsground provides a venue for Users to learn about and participate in sports. Material on the Website is
predominantly supplied by people from the broader community and Sportsground does not take responsibility for
updating or maintaining any part of the Website. Sportsground assumes no responsibility or liability for the
display of material or products or services that is inaccurate, inappropriate, offensive or sexually explicit. If
you become aware of misuse of the Website by any person, please contact Sportsground or click on the "Report
Abuse" link at the bottom of any Sportsground page.
2.2 At your own risk:
any interaction, transactions or other contact between you and any Users are conducted entirely at your own risk.
You agree that Sportsground takes no responsibility or liability (including consequential loss) for any misconduct
of any Advertisers, Editors or Users including, without limitation, people who have registered under false
pretences or who attempt to defraud you. Sportsground gives no undertakings, representations, or warranties in
relation to the use of the Website, including as to the accuracy or truth of the Content or that the results from
your Advertising will meet your requirements or expectations.
2.3 Disclaimer: You
expressly understand and agree that:
2.3.1 your placement of Advertising is at your sole
risk. The Website and Advertising are provided on an "as is" and "as available" basis. Sportsground does not
warrant timely, secure, error- and interruption-free provision of Advertising. Sportsground expressly disclaims
any warranty of fitness for a particular purpose or non-infringement. Sportsground cannot guarantee and does not
promise any specific results from use of the Advertising. The exclusion of warranties does not affect your right
of withdrawal. To the maximum extent permitted by law and without limiting clause 2.2, Sportsground disclaims and
excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability,
fitness for a particular purpose, and non-infringement;
2.3.2 Sportsground does not warrant that i) the
display of Advertising will be uninterrupted, timely, secure, or error free, or ii) that any information
(including Advertising) provided through the Website is error-free or reliable. Furthermore Sportsground reserves
the right at any time to temporarily or permanently discontinue your Advertising with or without notice and you
specifically agree that Sportsground shall not be liable to you or to any third party for any modification,
suspension or discontinuance of your Advertising;
2.3.3 no advice or information that is obtained by you
from Sportsground or anyone else shall create any warranty by Sportsground that is not expressly stated in these
terms and conditions; and
2.3.4 responsibility for the Content of Advertising on
this Website (including hyperlinks to Advertisers' own websites) rests solely with the Advertisers. The placement
of such advertisements on the Website does not constitute Sportsground's recommendation or endorsement of the
advertised product or service. Each Advertiser is solely responsible for any representation made in connection
with its advertisement.
2.3.5 Sportsground reserves the right, in its sole
discretion, to reject, refuse to post or remove any Advertising placed by you, or to restrict, suspend, or
terminate your access to Advertising at any time with or without prior notice and the liability of Sportsground is
limited in value to a refund of the advertising charges paid or payable by the Advertiser.
2.3.6 Sportsground may send emails or TXT messages to
you for the purpose of promoting Advertising, or relating to your Advertising on the Website, and for promoting
and marketing other Sportsground products and services to you. Sportsground may also send electronic newsletters
or product offers to you, and such newsletters or offers will contain clear and obvious instructions on how you
can unsubscribe from the emailing list.
2.3.7 you must not attempt to impersonate another
Advertiser or improperly use another Advertiser's advertising position on the Website. You must not disclose your
login ID or password or Advertiser login link to any other party or allow anyone else to access your Advertising
position on the Website using your login ID or password or link.
2.3.8 You may not rent, sell, license or otherwise
dispose of or encumber the Advertising position that Sportsground may at its sole discretion allow you to use on
the Website. Sportsground exclusively retains and reserves all rights to any Advertising position on the Website
and may at the sole discretion of Sportsground take over any such Advertising position for its own use or the use
of another party.
2.3.9 Any Content you submit as Advertising is subject
to the prior approval of the school or sports club that the advertising position of the Website relates to.
Schools and sports clubs are entitled to reject your Content if (a) they deem it to be offensive, inappropriate,
illegal or if it breaches this Agreement and in such instances you shall not be refunded any payment you made for
your submission of such Content, or (b) they in their sole discretion do not wish to display your Advertising for
another reason and in such instances you shall be refunded any payment you made for your submission of such
Content. For the avoidance of doubt, if your Content is rejected by a school or sports club pursuant to Clause
2.3(I)(a) and you dispute that it is offensive, inappropriate, illegal or otherwise breaches this Agreement, then
your only recourse is to appeal to the school or sports club directly for them to allow your Content to appear on
the Website. Please note that Sportsground's service or processing charges are non-refundable for any Content
rejected pursuant to Clause 2.3(I)(a).
2.4 Liability: You agree
that to the maximum extent permitted by law any and all liability and responsibility of Sportsground to you or any
other person under or in connection with these terms and conditions, or in connection with the Website, another
User's acts or omissions, or your use of or inability to use the Website is excluded regardless of whether such
liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
Sportsground's liability and responsibility is excluded in respect of any and all loss or damage, whether direct
or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated
savings, general and special damages, and consequential and incidental loss. Sportsground will not be responsible
for any incorrect or inaccurate content posted on the Website, whether caused by Users or by any of the equipment
or programming associated with or utilised in the Website. Profiles created and posted by Users on the Website may
contain links to other websites. Sportsground is not responsible for the content, accuracy or opinions expressed
on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness
by Sportsground. Inclusion of any linked website on the Website does not imply approval or endorsement of the
linked website by Sportsground. When you access these third-party sites, you do so at your own risk. Sportsground
takes no responsibility for third party advertisements which are posted on this Website, nor does it take any
responsibility for the goods or services provided by its Advertisers. Sportsground is not responsible for the
conduct, whether online or offline, of any User of the Website.
2.5 Indemnity: You agree
to indemnify and hold Sportsground, its subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of the Advertising in violation of this Agreement and/or
arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above
and/or if any Content that you post or activity you conduct on the Website causes Sportsground to be liable to
2.6 Breach: Without
limiting any other rights and remedies available to Sportsground, Sportsground may limit your activities on the
Website, remove your Advertising, warn Users of your actions, issue a warning to you, suspend or terminate your
access to the Website, or refuse to provide Advertising to you if you breach these terms and conditions or where
Sportsground considers it appropriate.
2.7 Eligibility: By
placing Advertising, you represent and warrant that any Advertising you place on the Website is truthful and
accurate and does not violate any applicable law, regulation or code of the New Zealand Advertising Standards
2.8 Password: When you
become an Advertiser, you may be allocated a password or provided with a unique hyperlink to the Website that
enables you to change your Advertising. You are entirely responsible for maintaining the confidentiality of any
such password or unique hyperlink. You agree to notify Sportsground immediately if you suspect any unauthorised
use of your password or hyperlink and you are solely responsible for any and all use of your password, hyperlink
or advertising position.
3 TERM AND TERMINATION
3.1 This Agreement shall
commence from when you click the website checkbox to accept this Agreement and the term of this Agreement shall
then be for the Duration.
3.2 You may terminate
this Agreement at any time, for any reason, but in no event shall you be entitled to any refund if you terminate
3.3 Sportsground may
terminate your access to the Advertising at any time, withoutnotice. Without limiting the foregoing, Sportsground
may terminate your access to the Advertising if a serious complaint or multiple complaints are received about you
from other Users, if you breach these terms and conditions, if your Advertising fails to comply with the codes of
the New Zealand Advertising Standards Authority, if you impersonate another User, or if we, at our sole
discretion, deem your behaviour to be unacceptable. You may not be entitled to any refund for termination on these
4.1 Any Advertising you
place on the Website shall attract the fee that is stated on the Website at the point at which you elect to place
your Advertising. Any fee shown is the minimum fee for the related Advertising position and you may elect to pay
more than the minimum stated.
4.2 Any Advertising
position on the Website may be sold to more than one Advertiser at the same time and in the event that more than
one Advertiser has paid for the same Advertising position for the same time, then the number of page impressions
your Advertising banner shall receive in that advertising position shall be proportionate to the amount you paid
for the position compared to the amount(s) paid by other Advertisers for the same position. By way of example
only, if another Advertiser chooses the same Advertising position as you and they elect to pay twice as much as
you, then their Advertising banner or message will be displayed twice as often as yours by receiving twice as many
page impressions as your advertising banner or message.
4.3 All and any fees for
Advertising must be paid prior to your Advertising being displayed on the Website and your Advertising is deemed
to have been delivered to you as soon as: (a) it is displayed on the Website, or; (b) it has been rejected by a
school or sports club due to them deeming its Content to be offensive, inappropriate, illegal or otherwise
breaching this Agreement pursuant to Clause 2.3(I) of this Agreement.
4.4 At the discretion of
Sportsground schools and sports clubs and organisations may elect to use the Sportsground website relating to them
and/or their Subordinate Sites to raise funds through the sale of advertising in the Banner Positions on these
4.5 If a school, sports
club or organisation elects to use the advertising Banner Positions on their Sportsground website or Subordinate
Sites, any funds raised from the sale of such advertising will be remitted directly to the school or sports club
or organisation net of Sportsground's commission.
4.6 Each school or
sports club or organisation that raises funds through Sportsground shall implement their own internal policy for
how funds shall be distributed within the school or sports club. For the avoidance of doubt, funds shall be
remitted to the schools or sports clubs or organisation to which the Parent Site relates, not paid directly to
teams or players even if the advertising was placed through a team's or player's Subordinate Site. It remains at
the absolute discretion of the school or sports club or organisation to determine what funds if any they
distribute to any team or player.
4.7 Irrespective of
whether or not a school or sports club or organisation elects to use the Website to raise funds through the sale
of advertising in the Banner Positions, Sportsground may itself elect to sell and place advertising in any such
Banner Position and in such instances the retention or distribution of all or part of such funds if any shall be
at the absolute discretion of Sportsground.
4.8 Sportsground passes
the majority of fees you pay for Advertising on the Website to whichever school or club is associated with the
advertising position you select. Sportsground is not authorised to approve refunds on behalf of the schools or
clubs. Any such refunds may only be authorised by the school or sports club directly and, in general, refunds are
unavailable. If you believe you have a valid reason to request a refund, please contact the school or sports club
that is associated with the advertising position you selected. Please note that Sportsground's service or
processing charges are non-refundable under any circumstances.
5 PROPRIETARY RIGHTS IN CONTENT
5.1 Sportsground does
not claim any ownership rights in the Content that you post to the Website. After posting your Content to the
Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use
your Content in any way you choose outside of the Website. By displaying or publishing ("posting") any Content on
the Website, you hereby grant to Sportsground a limited license to use, modify, publicly perform, publicly
display, reproduce, and distribute such Content on and through the Website. Without this license, Sportsground
would be unable to display your Advertising. For example, without the right to modify Content, Sportsground would
not be able to digitally compress Content to satisfy Sportsground's technical requirements, and without the right
to publicly display your Content, Sportsground could not allow people to view your Advertising. The license you
grant to Sportsground is non-exclusive (meaning you are free to license your Content to anyone else in addition to
Sportsground), fully-paid and royalty-free (meaning that Sportsground is not required to pay you for the use on
the Website of the Content that you post), sublicensable (so that Sportsground is able to use its affiliates and
subcontractors such as Internet content delivery networks to provide the Website), and worldwide (because the
Internet and the Website are global in reach). This license will terminate at the time you or Sportsground removes
your Content from the Website.
5.2 You represent and
warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the
license set forth in this section, and (ii) the posting of your Content on the Website does not violate the
privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any
other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by
reason of any Content posted by you to the Website.
5.3 The Website also
contains content that is posted by Sportsground ("Sportsground Content"). Sportsground Content is protected by
copyright, trademark, patent, trade secret and other laws, and Sportsground owns and retains all rights in the
Sportsground Content and Website.
5.4 The Website contains
Content of other people who use the Website. Except for Content posted by you, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the
6 MISUSE AND ABUSE
6.1 Sportsground may
delete any Content or advertising banner or message that in the sole judgment of Sportsground violates this
Agreement or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any person.
6.2 Sportsground assumes
no responsibility for monitoring the Website for inappropriate Content or conduct. If at any time Sportsground
chooses, in its sole discretion, to monitor the Website, Sportsground nonetheless assumes no responsibility for
the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of
anyone submitting any such Content.
6.3 You are solely
responsible for the Content that you post on the Website. Sportsground does not endorse and has no control over
the Content. Content is not necessarily reviewed by Sportsground prior to posting and does not necessarily reflect
the opinions or policies of Sportsground. Sportsground makes no warranties, express or implied, as to the Content
or to the accuracy and reliability of the Content or any material or information that is transmitted on the
6.4 The following is a
non-exclusive list of the kind of Content that is illegal or prohibited to post on or through the Website.
Sportsground reserves the right to investigate and take appropriate legal action against anyone who, in
Sportsground's sole discretion, violates this provision, including without limitation, removing the offending
Content from the Website and terminating the access to the Website of such violators. Prohibited Content includes,
but is not limited to Content that, in the sole discretion of Sportsground:
6.4.1 is patently offensive and promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
6.4.2 harasses or advocates harassment of another
6.4.3 exploits people in a sexual or violent manner;
6.4.4 contains nudity, violence, or offensive subject
matter or contains a link to an adult website;
6.4.5 provides any private telephone numbers, street
addresses, or personal email addresses of any person under the age of 16;
6.4.6 promotes information that you know is false or
misleading or promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory;
6.4.7 promotes an illegal or unauthorized copy of
another person's copyrighted work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to
pirated music files;
6.4.8 involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
6.4.9 contains restricted or password only access
pages or hidden pages or images (those not linked to or from another accessible page);
6.4.10 furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not limited to making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses;
6.4.11 solicits passwords or personal identifying information for commercial
or unlawful purposes from Users;
6.4.12 includes a photograph of another person that you have posted without
that person's consent.
6.5 The following is a
non-exclusive list of the kind of activity that is illegal or prohibited on the Website. Sportsground reserves the
right to investigate and take appropriate legal action against anyone who, in Sportsground' sole discretion,
violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited
activity includes, but is not limited to:
6.5.1 criminal or tortious activity, including child
pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of
6.5.2 the transmission of chain letters or junk email
to Users. It is also a violation of these rules for you to collect and use any information displayed on the
Website in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent other
than the display of your advertising banner or message in the position for which you have paid;
6.5.3 designing your advertisement to mimic a message
from Sportsground or a third party, or in a way which may confuse people to think that your advertising banner or
message is from Sportsground or a third party, or is somehow endorsed by Sportsground or a third party;
6.5.4 any automated use of the system, such as using
scripts to change your advertising banner or message;
6.5.5 interfering with, disrupting, or creating an
undue burden on Sportsground's servers or the networks or services used by Sportsground to provide the Website;
6.5.6 attempting to impersonate another Advertiser,
User or person;
6.5.7 selling or otherwise transferring your
6.5.8 using any information obtained from the Website
in order to harass, abuse, or harm another person;
6.5.9 accepting payment or anything of value from a
third person in exchange for your performing any commercial activity on or through your Advertising; or
6.5.10 using the Website in a manner inconsistent with any and all applicable
laws and regulations.
7 COPYRIGHT POLICY
7.1 You may not post,
modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other protected proprietary
information belonging to others without obtaining the prior written consent of the owner of such proprietary
rights. It is the policy of Sportsground to terminate Website access and privileges of any Advertiser who
repeatedly infringes the copyright rights of others upon receipt of prompt notification to Sportsground by the
copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your
work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide us
with the following information: (i) an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been
infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv)
your address, telephone number, and email address; (v) a written statement by you that you have a good faith
belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (vi) a statutory
declaration statement by you, under the Oaths and Declarations Act 1957, that the above information in your notice
is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
8 GENERAL RULES
8.1 You must not damage,
interfere with or harm the Website, or any network, or system underlying or connected to it, or attempt to do so
in any way including but not limited to uploading malicious flash files.
8.2 You may not use a
robot, spider, scraper or other automated means to access the Website or information featured on it for any
8.3 Content you place on
the Website must comply with the laws of New Zealand and the New Zealand Advertising Standards Authority codes.
Attention is drawn to the Human Rights Act 1993, Privacy Act 1993 and the New Zealand Bill of Rights
8.4 No advertisement
should be misleading or deceptive or likely to mislead or deceive the consumer. All advertisements should be
prepared with a due sense of social responsibility to consumers and to society. Advertisements shall not imply a
benefit to the environment which the product or services do not have. All advertisements should respect the
principles of free and fair competition generally accepted in business. Advertisements shall not contain a
misrepresentation, which is likely to cause damage to the business or goodwill of a competitor.
should not portray people in a manner which is reasonably likely to cause serious or widespread hostility,
contempt, abuse or ridicule. Advertisements should not portray people in a manner which, taking into account
generally prevailing community standards, is reasonably likely to cause serious or widespread offence on the
grounds of their gender; race; colour; ethnic or national origin; age; cultural, religious, political or ethical
belief; sexual orientation; marital status; family status; education; disability; occupational or employment
8.6 Stereotypes may be
used to simplify the process of communication in relation to both the product offered and the intended consumer.
However, advertisements should not use stereotypes in the portrayal of the role, character and behaviour of groups
of people in society which, taking into account generally prevailing community standards, is reasonably likely to
cause serious or widespread offence, hostility, contempt, abuse or ridicule.
should not employ sexual appeal in a manner which is exploitative and degrading of any individual or group of
people in society to promote the sale of products or services. In particular people should not be portrayed in a
manner which uses sexual appeal simply to draw attention to an unrelated product. Children must not be portrayed
in a manner which treats them as objects of sexual appeal.
8.8 Advertisements shall
not present or portray violence unless it is justifiable in the context of the product or service advertised.
Advertisements shall not depict material contrary to prevailing community standards on health and safety.
Advertisements shall only use language which is appropriate in the circumstances and profanity or strong or
obscene language shall be avoided.
8.9 Humour and satire
are natural and accepted features of the relationship between individuals and groups within the community.
Humorous and satirical treatment of people and groups of people is acceptable, provided that, taking into account
generally prevailing community standards, the portrayal is not likely to cause serious or widespread offence,
hostility, contempt, abuse or ridicule.
8.10 Particular care should be taken to ensure
that advertising complies with the Code for Advertising to Children as stated in Appendix A of this Agreement or
as may be otherwise updated by the New Zealand Advertising Standards Authority from time to time.
9 GENERAL PROVISIONS
9.1 System Integrity:
Sportsground will use its reasonable endeavours to ensure the availability of the Website, subject to any downtime
required for maintenance. However, Sportsground takes no responsibility for any system unavailability, or for any
loss that is incurred as a result of Website being unavailable. Further, Sportsground assumes no responsibility
for the corruption of any data or information held by Sportsground. In addition, Sportsground assumes no
responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorised access to, or alteration of, any User or User
communication. Sportsground is not responsible for any problems or technical malfunction of any telephone network
or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due
to technical problems or traffic congestion on the Internet or on the Website or combination thereof.
9.2 Resolution of
disputes: You agree not to involve, or attempt to involve, Sportsground in any dispute or in the resolution of
disputes that arise between you and another Advertiser, Editor or User of the Website. In the event of a dispute
between you and Sportsground in relation to this agreement, you shall first seek to resolve such dispute by giving
notice in writing to Sportsground and in good faith endeavour to resolve the dispute. If the dispute is not
resolved within twenty eight days of written notice by one party to the other of the dispute (or such further
period agreed in writing between the parties), the parties shall seek mediation and if the dispute still remains
unresolved for a further twenty eight days the parties shall submit to the arbitration of a sole arbitrator
appointed jointly by the parties, and if one cannot be agreed upon within 14 days, to an arbitrator appointed and
determined in accordance with the Arbitration Act 1996 and the law of New Zealand.
9.3 Force Majeure:
Sportsground has no liability for any lack of performance, unavailability or failure of the Website, or for any
failure of Sportsground to comply with these terms and conditions where the same arises from any cause reasonably
beyond the control of Sportsground.
9.4 No Waiver: If we do
not exercise or enforce any right available to us under these terms and conditions, it does not constitute a
waiver of those rights.
9.5 Partial Invalidity:
If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any
reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall
continue in full force and effect.
9.6 Governing Law: These
terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the
Courts of New Zealand.
9.7 Entire agreement:
These terms and conditions supersede all previous conditions, understandings, commitments, agreements and
representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties,
relating to the subject matter of these terms and conditions.
Sportsground may collect personal information about you through your use of the Website, in accordance with our
You agree that Sportsground may use this personal information to assist us to provide the Advertising to you, for
internal research purposes, to verify your identity, for promoting and marketing other Sportsground products and
services to you, and for any other use that you authorise.
We will not sell or allow third parties to access your personal information without your consent. We release
account and other personal information only when we believe release is appropriate to comply with law; facilitate
court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of
Sportsground, our users, or others. Please review our
APPENDIX A - CODE FOR ADVERTISING TO CHILDREN
The purpose of the Code is to serve as a guide to Advertisers and agencies in preparing advertising messages which
adequately recognise the special characteristics of the children's audience and in particular their vulnerability
and to properly safeguard their interests.
Responsible advertising of products and services normally used by children, and the depiction of children in
advertising in general, can serve not only to inform children of these products and services but also about many
aspects of society and the world in which they live.
Special care should be taken in advertising to children. Children are entitled to certain rights and protection
pursuant to the United Nation's Convention on the Rights of the Child ("Convention"). Article 13 recognises the
child's right to freedom of expression. "This right shall include the freedom to seek, receive and impart
information and ideas of all kinds." Children therefore have the right to receive all kinds of information
including advertisements. However, there are various fetters to that right; for instance Article 17(e) calls for
"appropriate guidelines for the protection of the child from information and material injurious to his or her
well-being." This Code provides the "appropriate guidelines" for advertisements directed at children. Furthermore,
special notice is to be taken of Article 3 of the Convention, which states, "the best interests of the child shall
be a primary consideration" and therefore the need to extend a duty of care to protect children.
All advertisements shall adhere to the Principles and Guidelines set out in this Code. The Code is designed to
ensure that advertising to children will be conducted in a manner that is socially responsible and does not
mislead or deceive children.
In interpreting the Code emphasis will be placed on the Principles and the spirit and intention of the Code. An
advertisement that does or does not adhere to the letter of a particular guideline nevertheless may or may not be
in breach of the Code, depending on its compliance with the Principles and respect of the spirit and intention of
For the purposes of this Code:
The term "children" means all persons below the age of 14.
"Advertisement" includes all advertisements in all forms of media directed at children whether contained in
children's media or otherwise. Reference should be made to the Interpretation section of the Codes of Practice.
"Appropriate media and industry Codes" includes the Television Broadcasters' Council Children's Broadcasting Code,
and any other industry Codes endorsed by the ASA.
Principle 1 - Advertisements should comply with the laws of New Zealand and appropriate media and industry
Principle 2 - Advertisements should observe a high standard of social responsibility.
2(a) Advertisements should not portray violence, undue aggression,
or menacing or horrific elements likely to disturb children.
2(b) Advertisements should not encourage anti-social behaviour or
depict children behaving in an anti-social manner, eg. vindictiveness and bullying, unless the purpose of the
advertisement is to discourage such behaviour.
2(c) Children in advertisements should not behave in a socially
unacceptable manner, bearing in mind their age, unless the purpose of the advertisement is to discourage such
2(d) Children should not be urged in advertisements to ask their
parents, guardians or caregivers to buy particular products for them.
2(e) Advertisements should not suggest to children any feeling of
inferiority or lack of social acceptance for not having the advertised product.
2(f) Advertisements, except safety messages, should not
contain any statement or visual presentation that could have the effect of portraying children in unsafe acts,
showing them in unsafe situations, encouraging them to consort with strangers, or behaving in an unsafe way.
2(g) Advertisements, except safety messages, should not show
products being used in an unsafe or dangerous manner, or which would be unsafe if used by children without proper
2(h) Advertisements should not depict toy weapons which are realistic
(in size, shape and colour) and can be confused with real weapons.
2(i) Advertisements should not portray sexually suggestive
images, or images that are degrading to any individual or group.
2(j) Children should not be encouraged in advertisements to
participate in gambling or gaming. (Refer to the Code for Advertising Gaming and Gambling)
2(k) Advertisements should not undermine the role of parents in
educating children to be healthy and socially responsible individuals.
2(l) Persons, characters or groups who have achieved
particular celebrity status with children shall not be used in advertisements to promote food or drink in such a
way so as to undermine a healthy diet taking into account the Ministry of Health's 'Food and Nutrition Guidelines'
Principle 3 - Advertisements should not by implication, omission, ambiguity or exaggerated claim mislead or
deceive or be likely to mislead or deceive children, abuse the trust of or exploit the lack of knowledge of
children, exploit the superstitious or without justifiable reason play on fear.
3(a) Advertisements must be clearly recognisable as such by
children and separated from editorial, programmes or other non-advertising material. If there is any likelihood of
advertisements being confused with editorial or programme content, they should be clearly labelled "advertisement"
or identified in a clear manner.
3(b) Advertisements should take into account the level of
knowledge, sophistication and maturity of the intended audience. In particular advertisements should not be
directed at younger children who may have a lack of ability to comprehend the purpose of advertising and
differentiate between it and non-advertising messages.
3(c) Care should be taken to ensure that advertisements are able
to be understood by children to whom the advertisements are directed, are not ambiguous, do not mislead as to the
true size, value, nature, durability and performance of the advertised product and contain warning information if
the product is unsafe when used by younger children.
3(d) If extra items are needed to use the product (eg. batteries) to
produce the result shown or described (eg. paint, dolls clothes) this should be made clear. A product that is part
of a series should be clearly indicated as such as well as the method of acquiring the series.
3(e) In the case of a product that must be assembled, this should
be made clear, and where appropriate, the source of power and performance should be indicated.
3(f) If price is mentioned, the complete price of the
product should be made clear, and advertisements should clearly indicate the cost of those items that constitute
the original purchase and additional items that must be purchased separately.
3(g) Where reference is made to a competition the rules should be
made clear and the value of prizes and the chances of winning should not be exaggerated.
3(h) Any reference to a premium (eg. an additional product or service
offered free, at a reduced price or as a prize) should be clearly displayed and conditions relating to it should
be clearly represented.
3(i) Care should be taken to ensure advertisements do not
mislead as to the nutritive value of any food. Foods high in sugar, fat and/or salt, especially those marketed to
and/or favoured by children, should not be portrayed in any way that suggests they are beneficial to health.
Principle 4 - Advertisements should not encourage inappropriate purchase or use including excessive consumption.
4(a) Children are not a homogeneous group but have varying levels
of maturity and understanding. Care needs to be taken that the product advertised and style of advertisement are
appropriate for the audience to whom it is primarily directed.
4(b) Advertisements soliciting responses incurring a fee to
telephone or text should state, "Children ask your parents first" or similar words.
4(c) Extreme care should be taken in requesting or recording the
names, addresses and other personal details of children to ensure that children's privacy rights are fully
protected and the information is not used in an inappropriate manner.
Note: Notice should also be taken of Principle 3 of the Privacy Act 1993.
4(d) Care should be taken with advertisements promoting a premium or
loyalty/continuity programme to ensure that inappropriate purchase or excessive consumption was not a likely
4(e) For advertisements for food or beverages attention is drawn
to the Code for Advertising Food and in particular Principle 3.