SELLER'S TERMS AND CONDITIONS
Tennis Auckland Region Incorporated (Tennis Auckland) on behalf of ASB Classic is the "Seller" in respect of tickets purchased for the ASB Classic 2025 event being staged at the ASB Tennis Arena from December 30th 2024 to January 11th 2025 (Event).
All references to “we”, “us” or “our” is a reference to Tennis Auckland.
By purchasing a ticket you agree to be bound by these Terms and Conditions.
• Each ticket must be scanned on entry and exit.
• Each ticket is valid only for the date and session of play for which the ticket has been issued, not for any particular match.
• Play may be cancelled or rescheduled due to weather or circumstances beyond the Tennis Auckland’s control. Such actions do not entitle a ticket holder to make any claim for refund of the ticket price except as outlined below.
Refunds
A refund of the ticket price (less any expenses incurred that are not refundable; such as credit card charges) will only be given if there is less than one hours play on the date and session your ticket is valid according to the official time sheet of the Tournament Referee. Box tickets, full week tournament tickets, ground passes and complimentary tickets do not qualify for the refund policy.
If no monetary consideration has been paid for a Ticket, no refund will be payable.
For tickets purchased online, automatic refunds will be made after the completion of the event and will be returned to the valid credit card or payment method used at time of the original purchase by the original ticket purchaser. Refunds will not be issued to any individual who is not the original ticket purchaser. Note: if the credit card is no longer valid, a Flicket representative will attempt to contact you to arrange an alternative payment method for refund (based on the information provided at the time of purchase). This may delay your refund timeframe.
For tickets purchased at the venue box office, or from the ASB Classic ticketing website, please email us and include your transaction number, the point of purchase, your contact details and your bank account for payment of refund. Email to – support@flicket.co.nz - with the subject line: ASB Classic Tennis Refund. For assistance please phone 09 214 2183
No refunds will be made over the counter at the ASB Tennis Arena box office.
Automatic refunds should be processed within 10 business days of the completion of the event.
Please allow 28 days for manual refunds from the date your refund request email is sent to Flicket. Please check your credit card statement to confirm you have received your refund.
EventCover
If you have opted-in to purchase insurance from EventCover (for an “Inability to Attend”), you will be covered pursuant to the terms of EventCover’s “Ticketing Refund Programme”. Any claims pursuant to this insurance cover need to be directed to EventCover.
For the avoidance of doubt, your purchase of EventCover insurance is between you and EventCover directly. Tennis Auckland is not a party to this arrangement.
Transmitting match-related data
No ticket holder may continually collect, disseminate, transmit, publish or release from the event venue any match scores or related statistical data during match play (from the commencement of a match through to its conclusion for any commercial or betting/gambling purpose). The continual use of laptop computers or other handheld electronic devices within the confines (spectator area) of the match courts is prohibited. The exception to this provision is properly credentialed media, tournament vendors and tournament staff when used in the performance of their duties.
Consent to photography and filming
By purchasing a ticket to the event, or entering the venue with a valid ticket for the event, the ticket holder:
• Acknowledges and accepts that various photography filming and broadcasting of the event will take place at the venue.
• Gives their unconditional and irrevocable consent to being photographed and/or filmed at the event by Tennis Auckland, its nominees and/or any accredited media, without compensation or credit.
• Confirms that Tennis Auckland, its nominees and/or any accredited media, will own all rights (including copyright) in all photographic/video images taken by them respectively in the venue during the event (Works) and will have full permission to use and reproduce the Works for any purpose related to the media exploitation, marketing or promotion of the event or themselves (in association with the event).
No alcohol and food policy
In line with other major New Zealand sporting venues and events, patrons are not permitted to bring alcohol, glassware, cans, opened drink containers, sealed non-alcoholic drink containers over one litre, or food of any kind into the ASB Tennis Arena.
Bags will be searched on entry to the venue. Food and alcohol are on sale at the arena. For full information regarding the venue and what is permitted onsite, see the tournament website: www.asbclassic.co.nz.
Smokefree policy
All areas of the ASB Tennis Arena are smokefree. As such, smoking and vaping is not permitted in the ASB Tennis Arena.
SPECIFIC TICKETING TERMS AND CONDITIONS
You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at the Event. You may also wish to consider taking out a relevant insurance policy to cover any losses in the event of cancellation, rescheduling or relocation.
These Terms and Conditions apply to both the original purchaser of tickets and each holder of a Ticket (“you” or “your”).
Nothing in these Terms and Conditions is intended to limit your rights under the Consumer Guarantees Act 1993.
We may vary these Terms and Conditions by putting the varied terms on our website. In this respect, tickets purchased after the date of the publication of the varied terms will be subject to the variation and the placing of the order shall be deemed to be an acceptance of such varied Terms and Conditions.
1. Currency
All Ticket prices for the Event that occur in New Zealand are stated in New Zealand Dollars.
2. Who you are buying from
You are purchasing a Ticket from Tennis Auckland Region Incorporated (Tennis Auckland). After purchasing a Ticket for the Event, Tennis Auckland will be handling the transaction and collecting payment using Flicket Limited’s ticketing software solution. You acknowledge that Tennis Auckland is not liable to you for any failure to purchase a ticket via ASB Classic’s website.
3. Supply of tickets
3.1 Order Confirmation for online purchases of tickets: Ticket purchases are not complete or accepted by Tennis Auckland until payment has been received by Tennis Auckland and an order number has been issued.
3.2 When purchasing tickets for the Event, you may be limited to a specified number of tickets. If you exceed the stated Ticket limit, you may have any or all of your orders and tickets cancelled without notice by Tennis Auckland at its discretion. This includes orders associated with the same name, email address, billing address, credit card number or other information. Ticket limits apply to ensure fair access to tickets for fans, and as a measure to minimise ticket scalping.
3.3 Errors: While Tennis Auckland will take all reasonable care to ensure that tickets are correctly priced and only available for sale when intended, sometimes errors may occur. Tennis Auckland may cancel an order as a result of any such error, although in the case of a pricing error, Tennis Auckland will endeavour to contact you to give you the option of purchasing the Ticket at the correct price.
4. COVID-19 specific conditions of entry
You must comply with any Covid-19 Protection Framework directions issued by the Ministry of Health and as applicable by Tennis Auckland that may apply at the time of the Event.
5. Entry to Event and tickets generally
5.1 Tickets remain the property of Tennis Auckland at all times. Tickets may not be on-sold, offered for resale at a premium (including via on-line auction or other authorised resale sites), exchanged for fee or reward or other valuable consideration, or otherwise used for commercial purposes (including for advertising and promotional purposes such as prizes, contest, or sweepstakes) without the prior written consent of Tennis Auckland. In granting such consent, Tennis Auckland may require additional conditions to any tickets as it sees fit (including charging an additional fee). The bearer of the Ticket may be refused entry or directed to leave the Event if a Ticket has been dealt with in breach of this clause.
5.2 If you buy, or claim to buy a Ticket for business purposes, the Consumer Guarantees Act 1993 will not apply. This does not change the rest of these Terms and Conditions which remain valid.
5.3 Entry into the Event may be refused if the authenticity or validity of the Ticket is questionable, including because the Ticket has been damaged or defaced in any way, or has not been purchased from Tennis Auckland or other authorised points of sale.
6. Privacy
6.1 You acknowledge that we will collect, use, share and store Personal Information in accordance with our Privacy Policy set out below (and applicable Privacy Law).
6.2 You consent to the collection, use, disclosure, storage and processing of your Personal Information in accordance with these Terms and Conditions and our Privacy Policy.
6.3 If you provide us with Personal Information about another person, then you warrant and represent that you have obtained all consents and approvals necessary at law from the relevant individual to enable us to collect, use, disclose, hold and process that information in accordance with these Terms and Conditions and our Privacy Policy.
6.4 With respect to Personal Information, we have in place suitable physical, electronic and managerial procedures to safeguard and secure the Personal Information that we collect. We will also take reasonable steps to ensure that our third parties whom we disclose your personal information to also take reasonable steps to protect your personal information in accordance with our Privacy Policy and the applicable Privacy Law.
7. Intellectual Property Rights
7.1 Each party will retain ownership of its own Intellectual Property Rights existing at the time these Terms and Conditions are entered into.
7.2 You acknowledge and agree that all Intellectual Property Rights created or devised by us in connection with the provision of the tickets and the Event, shall be owned by and shall vest in us, as and when created. To the extent that you become the owner of any Intellectual Property Rights arising in connection with the tickets, the Event and/or our services, you hereby assign and transfer absolutely, and shall procure the assignment of, all rights, title and interest in and to the Intellectual Property to us.
7.3 You have no right to use, sell, reproduce, copy, distribute or otherwise dispose of our Intellectual Property Rights, and you must not allow any third party to reproduce our Intellectual Property Rights.
8. Liability and warranties
8.1 We will not be in breach of any of our obligations to you under these Terms and Conditions because of any failure on our part directly or indirectly due to a cause beyond our reasonable control; including a Force Majeure Event.
8.2 To the extent permitted by law, in no event will Tennis Auckland be liable to you under or in connection with these Terms and Conditions and/or the supply of the tickets (whether in contract, tort or otherwise) for consequential losses or damages, indirect loss or any economic loss or loss or profits.
8.3 To the fullest extent permitted by law, Tennis Auckland will not be liable for any loss or damage (including indirect or consequential loss or damage) suffered as a result of, or arising from, or in any way connected to the cancellation, postponement or change to the Event (or any part of the Event).
8.4 Tennis Auckland provides no warranties (express or implied), including any implied warranties of merchantability and fitness for a particular purpose. However, nothing in these terms limits Tennis Auckland liability for any breach under the Consumer Guarantees Act 1993 or will limit your rights that cannot be limited under New Zealand legislation.
9. Indemnity
You agree to indemnify and hold Tennis Auckland and its affiliates harmless from any loss, liability, claim or demand, including reasonable solicitor’s fees, made by any third party due to or arising out of your breach of these Terms and Conditions.
10. General
10.1 Tennis Auckland makes no representation or warranty of any kind in relation to the quality, content, or duration of any playing session of the Event.
10.2 Tennis Auckland reserves the right to add, withdraw, substitute any players, performers, or activities associated with the Event.
10.3 You are not guaranteed an uninterrupted and/or uninhibited view of the Event from the provided position.
10.4 You must not assign or transfer all or any part of your rights or obligations under these Terms and Conditions without our prior written consent. We may assign any rights or obligations without your approval as well as subcontract any obligations to third parties.
10.5 The illegality, invalidity or unenforceability of any provision of these Terms and Conditions will not affect the legality, validity or enforceability of another provision.
10.6 No waiver of any provision of these Terms and Conditions will serve as a waiver of any other provision of these Terms and Conditions and we will not have waived or be deemed to have waived any provision of these Terms and Conditions unless such waiver is in writing and executed by us.
10.7 Governing law: These Terms and Conditions are governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these Terms.
10.8 Questions and complaints: Please contact us on 09 214 2183or support@flicket.co.nz if you have any comments, questions or complaints about the services we provide or these Terms.
11. Definitions
“Force Majeure Event” means any event or cause beyond the reasonable control of Tennis Auckland; including but not limited to, strike, industrial action, war, sabotage, terrorist activity, national emergency, blockade, pandemic, epidemic or governmental action and natural disaster.
“Intellectual Property Rights” means all intellectual property rights including patents, copyright, registered and unregistered designs, trade marks (both registered and unregistered), logos, business and trade names, processes, inventions, and know-how.
“Personal Information” means any information that can be used to directly or indirectly to identify an individual, and references to “your Personal Information” also includes any Personal Information that you provide to Tennis Auckland about someone else.
“Privacy Law” means the Privacy Act 2020.