28 September 2020
- an app for use on mobile devices (the What's On Christchurch App); and
- a website available at https://ccc.govt.nz/whats-on (the What's On Christchurch Website),
2.1 Listed Events: The events listed on What's On Christchurch may be events conducted or promoted by persons other than us or any of our related entities. In listing events, we rely on the information provided to us by the event organisers or promoters and do not warrant or take responsibility for the completeness and accuracy of such information.
2.2 Fees: Not all events listed on What's On Christchurch are free of charge to attend and it may be necessary to purchase tickets to an event. If a ticket is required to be purchased, or there are fees payable to attend a listed event, you will be required to purchase the ticket from, or pay the fee to, the event organiser or promoter, or the applicable ticketing agent.
3. What's On Christchurch Dashboard and User Generated Content
3.1 What's On Christchurch Dashboard: The What's On Christchurch Website provides users with access to a personalised dashboard (Dashboard) through which you may list, promote and manage featured events to the public. If you have registered via the Dashboard to list any event and are provided a unique user name and/or password to allow you to access certain parts of the What's On Christchurch Website (each an Organiser Login), you must:
- keep your Organiser Login secure;
- not permit any other person to use your Organiser Login, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any disclosure or unauthorised use of your Organiser Login or your personalised account made available via the Dashboard (Organiser Account).
You warrant that all information provided on registration of your Organiser Account and contained as part of your Organiser Account is true, complete and accurate and that you will promptly inform us of any change to such information by updating the information in your Organiser Account and/or notifying us accordingly.
3.2 Criteria for listing an event: Before listing an event via the Dashboard, you must ensure that your event satisfies all the criteria for listing(external link). If your event does not meet the relevant criteria then we may remove your listing at any time without notice to you.
3.3 User Generated Content: When listing an event via the Dashboard, the What's On Christchurch Website may ask for or allow you to communicate, submit, upload or otherwise make available text, images, videos or other content (User Generated Content), which may be accessible and viewable by the public. You may not submit or upload any User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity.
3.5 Ownership of User Generated Content: By submitting any User Generated Content to What's On Christchurch whether via the Dashboard or otherwise, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with What's On Christchurch and on third-party websites, services, applications, and/or platforms), without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law).
4. App notifications, location data and sharing events
4.1 App notifications: The What's On Christchurch App allows you to save events you are interested in and we will send you notifications with information and reminders about the events you have saved. If you do not wish to receive notifications relating to What's On Christchurch, you can opt out of receiving these notifications at any time by deactivating the notifications option in the settings menu of What's On Christchurch App, or in the notification settings on your mobile device.
4.3 Sharing events: When using the What's On Christchurch App or browsing the What's On Christchurch Website on your mobile device, you can use the 'share' function to share events to third party apps that you may have on your mobile device. If you do share events, you will be solely responsible for all postings you make in relation to the shared events and you must not alter, or attempt to alter, any of the information regarding the event when sharing the event. We will collect information about events that you share.
5.2 What's On Christchurch Updates: We may from time to time make available an updated or new version of the What's On Christchurch App, including to provide bug fixes and/or new, replacement or improved features or functionality (App Update). You acknowledge that:
- any failure by you to download an App Update may result in your use of the What's On Christchurch App being restricted or subject to interruptions or errors; and
- an App Update may require you to run a more recent version of the relevant operating system for your mobile device.
We may also from time to time update or develop the What's On Christchurch Website, including to provide bug fixes and/or new, replacement or improved features or functionality(Website Update). Each Website Update will be available to you automatically when you browse the What's On Christchurch Website. We may also choose to cease making both the What's On Christchurch App and/or the What's On Christchurch Website available at any time.
6. Your responsibilities
6.1 Lawful use: You may only use What's On Christchurch for lawful purposes and you must comply with all applicable laws when accessing and using What's On Christchurch.
6.2 Instructions: You must comply with any instructions we provide to you relating to access to, and use of, What's On Christchurch.
6.3 Prohibited acts: You must not:
- copy, modify, translate or otherwise create derivative works from any part of, or reverse engineer or decompile the whole or any part of, What's On Christchurch (or attempt to do so, or assist anyone else to do so);
- interfere with, or disrupt, the provision of What's On Christchurch or its use by anyone else; or
- attempt to gain unauthorised access to What's On Christchurch, the server on which What's On Christchurch is stored or any server, computer or database connected to What's On Christchurch.
7. Intellectual Property
7.1 Copyright: Unless otherwise indicated, we or our licensors hold the copyright and other intellectual property rights in all material on What's On Christchurch (Materials). You do not acquire any ownership rights in the Materials by using What's On Christchurch or any of the Materials.
7.2 Your Use of Materials: The Materials can be accessed and used by you for personal and non- commercial purposes free of charge on the mobile device that you own or control. The Materials may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorised by us.
7.3 Trademarks and logos: We do not authorise the use of any of our trademarks or logos, or any other trademarks and logos on What's On Christchurch, without our prior written permission. These are the registered or unregistered trademarks of us or our licensors.
7.4 Your feedback: Anything you provide to us, including feedback, ideas or suggestions that you give us, in relation to What's On Christchurch may be used by us free of any obligations to you (including payment).
8. Liability and disclaimers
8.1 Accuracy and errors: The preparation and provision of the information on What's On Christchurch has been made in good faith from a number of sources that are believed to be reliable. All due care has been taken to ensure that the information is accurate and up to date. However, we do not warrant or represent that the content and/or facilities available or accessible via What's On Christchurch will always be accurate, complete or current; or free of errors, defects, viruses or other harmful components.
8.2 No guarantee of availability: We will use reasonable efforts to ensure that What's On Christchurch is available as much of the time as possible, but we do not warrant or represent that What's On Christchurch will be available at all times, or that access to What's On Christchurch will be uninterrupted.
8.3 Liability Exclusions: Subject to clause 6, to the fullest extent permitted by law, we will not be liable for any errors and omissions, nor for:
- any direct or indirect, incidental, special or consequential loss or damage;
- any loss of data, profits, revenue, business or goodwill; or
- any damage to your mobile device or the data held on your mobile device,
arising out of or in connection with the use of What's On Christchurch or the data contained on it.
8.4 Limitation of Liability: If notwithstanding the above, we are found to be liable to you for any damage or loss which arises as a result of your use of What's On Christchurch, our liability (whether in contract, tort or otherwise) shall not exceed $50.00.
9. Suspension and termination
9.1 Suspension of Operation: We may withdraw or suspend the operation of What's On Christchurch, or cease to provide and/or update content to What's On Christchurch, with or without notice to you, if we have reasonable grounds for doing so, including for security, legal or business reasons.
10. Third party websites and services
10.2 Operating System:
- To operate effectively the What's On Christchurch App requires Apple iOS 10 or higher or Android 5 or higher.
- The requirements for effective operation of the What's On Christchurch Website can be found here(external link).