Terms and Conditions
1.1. These Terms and Conditions, as amended from time to time, and any rules published by Taranaki Young Professionals Society Incorporated ("TYP") govern all aspects of TYP.
1.2. In the event of any conflict between these Terms and Conditions and the Rules, the Rules shall prevail.
1.3. Each Member of TYP is responsible for remaining aware of the Terms and Conditions and the Rules.
1.4. These Terms and Conditions are effective as at the date of publication (11 December 2015) and may be amended from time to time. Refer to the Website location, www.typ.co.nz/terms-and-conditions for the current Terms and Conditions for TYP.
In these Terms and Conditions, unless the context otherwise requires:
"Card" means the card and membership number issued by TYP to the Member;
"Executive Committee" means the executive committee of TYP;
"Member" means the individual member in whose name the TYP membership is maintained in the current Membership Period;
"Member Benefits" means any of the events, discounts, services or arrangements offered or available to the Member from time to time as a result of membership in TYP;
"Membership Period" means the membership period commencing on the first day of joining TYP and concludes on the anniversary day of joining in the following year.
"Membership Fee" means the annual amount payable by a Member in the current Membership Period, as consideration for membership to TYP;
"Partners" means any such person as the Society appoints as a Partner;
"Sponsors" means any such person as the Society appoints as a Sponsor;
"TYP" means Taranaki Young Professionals Incorporated;
"Website" means the TYP website at www.typ.co.nz;
"Working Day" means a day of the week other than: (i) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, Labour Day and Waitangi Day; and (ii) a day in the period commencing 25 December in any year and ending on (and including) 5 January in the following year.
3.1. In these Terms and Conditions, unless the context otherwise requires:
(i) "company" includes any body corporate, partnership joint venture, trust or other entity;
(ii) "person" includes an individual, company, corporation, firm, partnership, joint venture, association or organisation, or an unincorporated body of persons;
(iii) references to a month or a year are references to a calendar month or year, as the case may be, and references to dates and times are to dates and times in New Zealand; and
(iv) references to currency are to New Zealand currency.
4. Types of membership
4.1. Membership is open to individuals who are within their first 15 years of their career and who want to develop their professional networks. Eligibility of membership is determined through application to the TYP Executive Committee.
5. Changes to the Terms and Conditions or the Rules
5.1. TYP reserves the right at all times to vary the Rules, the Terms and Conditions or Member Benefits offered at any time.
5.2. TYP will use reasonable endeavours to advise Members of any such changes, but will not be liable in any way for any failure to do so.
5.3. Without limiting this clause 5 in any way, Members will be taken to have received notice of any changes to these Terms and Conditions if TYP notifies the Member of the change by any method, including but not limited to, by providing notice at an address provided to TYP by the Member and/or by posting details of the changes on the Website at www.typ.co.nz.
6.1. Eligibility for membership is determined through application to the Membership organiser or Executive Committee. Members can only register once and will receive confirmation of their membership by return email. Should you indicate to us within two weeks of receiving your welcome pack that you would like to withdraw from being a Member, we will cancel your membership and refund your money provided you have not used your membership (a person, who enters an TYP event in order to apply for membership and is provided with a Card upon receipt of a membership application, is deemed to have used their membership and cannot claim a refund). Otherwise, membership is non-refundable and is not transferable.
6.2. TYP assumes no responsibility for any failure to receive a membership registration as a direct or indirect result of a technical problem of any kind or any traffic congestion on the internet or any website. TYP accepts no responsibility for incorrect personal email details supplied by Members, internet malfunction, or such other technological breakdown or inadequacy which affects the communication or delivery of information to such Member.
6.3. Applicants may enrol for membership provided that the applicable requirements are satisfied.
6.4. Upon acceptance of enrolment in TYP, each Member will be assigned a membership number and issued with a Card. These, along with surname, date of birth, date of joining, mailing address will be used for security of membership information. It is the Member’s responsibility to ensure the Card is kept secure.
6.5. Individual Members must enrol separately and may only hold one membership with TYP.
6.6. It is a condition of membership that you consent and authorise TYP to use and disclose to TYP and any other person (including without limitation a related body corporate, agent or contractor) the information on your application form and other information you provide to TYP for the purpose of:
(i) TYP providing Member Benefits;
(ii) TYP improving Member Benefits, including by means of research, marketing, product development and planning;
(iii) TYP marketing its products or services or the products or services of its Sponsors and Partners; and
(iv) any third party providing services to TYP in connection with the administration of TYP, if all or any part of the requested information is not provided by the Member, the services provided to you by TYP may be affected.
6.7. All Members agree to be identified by name as members of the TYP and their photograph or name may be used for publicity or promotional purposes without compensation. Copyright will vest with TYP.
6.8. TYP shall not be liable for any loss damage or injury suffered or sustained (including but not limited to direct or consequential loss or loss arising from negligence) arising directly out of or in connection with the events run by TYP.
6.9. Without limiting the foregoing, TYP assumes no responsibility for, any loss, claim, damage or injury to person or property if, for any reason beyond TYP's reasonable control (e.g. due to computer viruses, tampering, unauthorised intervention, fraud, technical failures etc), any event run by TYP is not able to be conducted as planned and/or TYP's administration, security, fairness or integrity are corrupted or affected. Further, in such circumstances, TYP may modify or suspend the event and/or invalidate any membership of any individual in any way involved in interfering or tampering with the conduct of the event or abusing the communication system upon which the event is being conducted.
6.10. TYP will provide you with access to and correction of your personal information held by TYP on request by you to the extent permitted or required by law. Only the Member named on the account will be entitled to access account information.
7. Membership Fee
7.1. The Membership Fee will be payable at the commencement of a Membership Period.
7.2. The TYP membership term runs for the current Membership Period.
7.3. Membership Fees shall be determined and set by the Executive Committee.
7.4. You will not be accepted as a Member until your Membership Fee is received in full and your membership application is accepted by the Executive Committee.
8. Use of the Card and Member Benefits
8.1. By using the Card, the Member agrees to be bound by the Terms and Conditions and provides the consent specified in clause 6.6.
8.2. The Card is and will remain the property of TYP and must be returned on demand.
8.3. The Card and membership number are valid for use only by the Member and are not transferable in any circumstances. The Card is valid for use only during the period indicated on it.
8.4. In the event of loss, theft or unauthorised use of your Card, it is your responsibility to immediately advise the Executive Committee. Until loss, theft or unauthorised use of the Card is notified to TYP, the Member is liable for all use of the Card. TYP will not be liable for misuse of a lost or stolen Card or any unauthorised use of a Card.
8.5. TYP expressly reserves the right in its absolute discretion to withdraw, cancel, withhold, deny access to, or use of, or in any way change the Membership Fee or any of the Member Benefits previously advertised or offered generally or to any Member at any time, and TYP will not be liable for any loss or damage suffered by the Member resulting from such withdrawal, cancellation, variation or change.
9. Replacement Cards
9.1. A replacement card fee will apply in the event of loss, theft or unauthorised use of your Card. Please contact the Executive Committee for the applicable fee.
10. Member Benefits
10.1. Some of the Member Benefits which are offered to the Member are provided by suppliers over which TYP has no control. Arrangements for the availability and utilisation of the Member Benefits so offered are made by TYP solely as agents for the suppliers providing such Member Benefits. The provision of the Member Benefits will be subject, in each case, to the terms and conditions of the suppliers providing such Member Benefits and any claims relating to the supply of Member Benefits should be made to the supplier.
10.2. TYP will not be liable for the refusal of any supplier of Member Benefits to accept or honour the Card nor will TYP be liable for any loss or damage whatsoever, whether in whole or part, of any Member Benefits.
10.3. Whenever the Card is used in order to obtain or utilise Member Benefits, or Member Benefits are made available to the Member as a result of membership, whether these are provided by TYP or a TYP supplier, the Member will be liable for any and all costs, charges, claims or liabilities of whatever nature and howsoever arising from or incurred in connection with obtaining or utilising the Member Benefits.
11.1. TYP expressly reserves the right to terminate or alter (materially or otherwise) any Member Benefits, or any aspect of the operation, of TYP at any time without notice.
11.2. TYP reserves the right at any time in its absolute discretion and without notice to revoke the membership of any Member of TYP and/or the right of any Member to use the Card or any Member Benefits. The Card must be returned immediately to TYP when so demanded by the Executive Committee.
11.3. Any breach of these Terms and Conditions whether intentional or otherwise may result in termination of membership, cancellation of Member Benefits, or both, at the sole discretion of TYP.
11.4. TYP may terminate a membership if, in the reasonable opinion of TYP, the Member has:
(i) abused any facilities, services or arrangements accorded to the Member as a result of membership in TYP;
(ii) acted in any way which is likely to be detrimental to the interests of TYP; and
(iii) supplied or attempted to supply misleading information, or make any misrepresentation to TYP.
11.5. Any Member may cease to be a Member by them expressing so in writing to the Committee.
12. Force Majeure
12.1. TYP has no liability for any lack of performance, unavailability or failure of the Member Benefits or the Website, or for any failure of TYP to comply with these Terms and Conditions where the same arises from any cause reasonably beyond the control of TYP.
13. No Waiver
13.1. If TYP does not exercise or enforce any right available to it under these Terms and Conditions, it does not constitute a waiver of those rights.
14. Partial Invalidity
14.1. 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.
15. Intellectual Property Rights
15.1. TYP (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Member Benefits and the Website. You may not without our prior written permission, in any form or by any means:
(i) adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or
(ii) commercialise, copy, or on-sell any information, or items obtained from any part of the Website.
16. Governing Laws
16.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand.
17.1. TYP collects personal information (as that term is defined in the Privacy Act 1993) about you through your use of the Member Benefits and the Website, including:
(i) your registration details; and
(ii) information relating to your use of the Website and the content you access.
17.2. You agree that TYP may use this personal information to assist to provide the Member Benefits to you for internal research purposes, to verify your identity, for promoting and marketing other Member Benefits to you, marketing TYP products or services or the products or services of its Sponsors and Partners, and for any other use that you authorise.
18. Consumer Guarantees Act 1993
18.1. The Consumer Guarantees Act 1993 may apply however you agree it will not apply where the membership has been obtained, or you have represented it has been obtained, for business purposes, in which case provisions of that Act are excluded from these Terms and Conditions. Where the supply of the membership is not a supply for business then any terms and conditions contained herein which reduce, limit or are contrary to the guarantees and remedies contained in the Consumer Guarantees Act shall be deemed to be omitted from these Terms and Conditions for the purposes of the Act.