POWER'D PLATFORM TERMS AND CONDITIONS
Last updated: June 2023
1. Welcome and definitions
Welcome to Power’d’s platform (Platform). Throughout these Platform Terms, we use capitalised terms which means that those terms have a specific definition. We’ve set out these definitions here. If you’re ever unsure what a capitalised term means, refer back to this section.
(a) Account means your account on the Platform that you create in accordance clause 4 of these Platform Terms.
(b) Customer, you, your means you, the customer.
(c) Partners means our third party partners, clients and customers.
(d) Partner Program means a program (for example, membership programs and event programs) being run by a Partner to deliver fan experiences to Customers like you, which may include the purchase of Passes which correspond with certain Pass Benefits.
(e) Partner Terms is defined in clause 2.3.
(f) Passes means digital passes that are offered by our Partners to Customers and made available to be purchased, received, and/or be accessed, on the Platform.
(g) Pass Benefits means benefits, experiences, privileges or similar thatmay be made available to you by a Partner in connection with their Passes.
(h) Platform Terms means these terms and conditions.
(i) Power’d, we, us, our means Power’d Digital Pty Ltd (ACN 655 840 887).
2. Introduction and application relevant terms
2.1 The Platform is operated by Power’d. Power’d works with Partners to deliver their Partner Programs and their corresponding Passes and Pass Benefits.
2.2 These Platform Terms set out Power’d’s role in the delivery of such Partner Programs, which is limited to setting up and managing your Account and making the Passes and corresponding Pass Benefits available to you including for purchase, gifting to others, receipt, and/or access (as applicable), and govern your access to, and use of, the Platform.
2.3 These Platform Terms are in addition to any terms and conditions provided by the Partners in respect of their Partner Program, Passes and Pass Benefits and/or any other related matters (for example, membership terms and event attendance terms) (Partner Terms). A Partner is responsible for providing their Partner Terms available to you. While we can answer some questions or point you in the right direction, the Partner is best placed to answer any questions about their Partner Terms and/or their Partner Program.
3. Acceptance and variation
3.1 When you create an Account to participate in a Partner Program you will be required to accept these Platform Terms. You might also be required to accept the relevant Partner Terms as well as our and/or the relevant Partner’s privacy policies. What you’re required to accept will be made clear to you when you create your Account.
3.2 By clicking ‘I accept’ (or similar) at the point you create your Account, you confirm that you have read, understood, and agree to these Platform Terms and such other relevant terms or policies that are made clear to you when you create your Account.
3.3 We may amend these Platform Terms at any time. When we make changes to these Platform Terms, we will post the revised Platform Terms on the relevant websites and update the Last Updated date above. Your creation of an Account, purchase of Passes and/or continued use of the Platform after the Last Updated date indicates your acceptance of the changes, subject to the remainder of this clause. Any amendments made in accordance with this clause will only apply to Passes purchased by you after the relevant Last Updated date above and the Platform Terms that were in place at the time you purchased any Passes in the past will apply to those Passes.
4. Accounts
4.1 To use the Platform and participate in a Partner Program, you will need to create an Account (including to purchase, receive, and/or access Passes and Pass Benefits). Your ability to create an Account may be restricted to certain criteria, for example your age or geographic location, that are imposed by the relevant Partner. These will be made clear to you at the time you try to create an Account and you may be restricted from creating an Account if you do not meet such criteria. Any questions about such criteria should be directed to the relevant Partner and we are not liable to your or responsible for your inability to create an Account if you do not meet the relevant criteria.
4.2 Where you have set up an account on the Platform previously, or you already have an account with the Partner whose Partner Program you are seeking to participate in, and you attempt to set up a new account using the same details, we may prompt you to login to your existing Platform account and/or agree to using your existing account with the relevant Partner.
4.3 You may be identified within your Account as a ‘Power’d Patron’, which may include your purchase and Partner participation history and/or other information about your past interactions with Power’d, which we may use to improve your user experience with our Platform, products and services.
4.4 You must provide your name, mobile number and email address to set up one Account and you can only have one Account per mobile number. You should only create an Account for yourself or for someone who you have express permission from. You’re responsible for ensuring that the information you provide us is accurate and/or letting us know if it needs to be updated.
4.5 You are solely responsible for maintaining the confidentiality and security of your Account and all activities on or through your Account.
4.6 You must notify us immediately of any unauthorised use of your Account. We are not liable for any loss or damage arising in connection with any unauthorised use of your Account.
4.7 You may cancel your Account for any reason by notifying us.
4.8 We may reject an account set up, disable, suspend, or cancel your Account if you fail to comply with your obligations under these Platform Terms of use or if we suspect there is unauthorised use of your Account.
5. Privacy
Your use of the Platform, including your purchase and/or access of Passes (including gifted), may involve the transmission to us of certain personal information (as that term is commonly defined in applicable privacy laws and regulations). Our policies with respect to the collection and use of such personal information are governed according to our privacy policy, which is available here and is incorporated into these Platform Terms.
6. Role of our Partners (including changes and refunds)
6.1 You acknowledge and agree that the Partner Program and the corresponding Passes and Pass Benefits will:
(a) be run and fulfilled by; and
(b) contain links to content, platforms and websites operated by,
the relevant Partner and/or their third party representatives, and therefore in addition to the Partner Terms we refer to earlier, may be subject to further terms and conditions imposed by the relevant Partner (in addition to the Partner Terms) and/or such their third parties representatives, and you must follow any further directions from the relevant Partner and/or their third party representatives.
6.2 Any changes, cancellations, replacements and refunds in respect of Passes and Pass Benefits will be determined solely by the Partner whose Partner Program they relate to, in accordance with applicable laws and the applicable Partner Terms.
6.3 Your interaction with the Partners and their third party representatives is at your own risk, and you agree that, to the extent permitted by law, we have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any of our Partners and/or their third party representatives, including for any loss or damage howsoever arising.
7. Prices and GST
Unless expressly stated otherwise, prices on the Platform are:
(a) in New Zealand Dollars;
(b) inclusive of any applicable taxes, including New Zealand GST; and
are subject to policies attached to such pricing and are subject to change without notice in our, or the relevant Partner’s, discretion.
8. Payments
8.1 All payments on the Platform must be by one of the payment options set out at the checkout page of the Platform.
8.2 Your payment method will be billed as soon as your order is placed.
8.3 We reserve the right to impose transaction fees on top of the prices expressed on the Platform for all payments processed on the Platform, including credit card processing fees, which will be made clear to you during the checkout process.
8.4 Once your payment has been successfully processed, you will be able to access the Passes and their corresponding Pass Benefits in your Account and we will provide you with information on how to do this.
8.5 It is your responsibility to ensure that:
(a) your payment details are always valid and up to date;
(b) sufficient funds are available for your purchase; and
(c) the billing address and other necessary information you have provided are always valid and up to date.
8.6 All online transactions performed on the Platform are conducted through third party secured payment gateways.
9. Acceptable use
9.1 You must only use the Platform for lawful purposes and in a way which does not infringe the rights of any third party or restrict or inhibit anyone’s use of the Platform.
9.2 When you use the Platform, you must not:
(a) copy, modify, or create derivative works based on the content available through the Platform;
(b) infringe the intellectual property rights, privacy or confidentiality of any third party;
(c) introduce any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised use, disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, key loggers, Trojans or any types of programmed threats that may be harmful, or other elements of software used to prevent unauthorised access and use (Harmful Code); and/or
(d) post or transmit any unauthorised material, including material that is (in our opinion) offensive, inflammatory, defamatory, racist, obscene or threatening.
10. The Platform
10.1 The information on the Platform is intended to provide a summary of the subject matter covered. To the extent permitted by law we are under no obligation to review, update or make changes to any of the information or materials on the Platform at any time.
10.2 To the extent permitted by law, you agree that you use and access the Platform and the Platform Content at your own risk.
10.3 We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Platform, or any part of, for any reason, to interrupt the operation of the Platform, or any part of, as necessary to perform maintenance, error correction or other changes.
11. Security
11.1 You acknowledge that the Platform is built on blockchain, and that the internet is an unsecure public network. There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of Harmful Code, and the risk that third parties may obtain unauthorised access to your Account. By accessing and using the Platform, you assume all risks of such use. You acknowledge and agree that we will not be responsible or liable to you for any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform, however caused.
11.2 To the extent permitted by law, we do not guarantee that there will not be, or accept any liability for, any Harmful Code on the Platform or a breach of security by a third party or any interference with or damage to your computer system, software or data occurring in connection with or relating to the Platform.
12. Third Party Sites and Content
12.1 The Platform may contain links to websites operated by third parties and/or content provided by third parties, including our Partners and/or their third party representatives (Third Party Sites and Content). Unless expressly stated otherwise, we do not endorse, have no control over, and are not responsible for any such Third Party Sites and Content.
12.2 You agree we are not liable for any loss or damage howsoever arising that may be suffered or incurred by you by accessing, visiting or using such Third Party Sites and Content.
12.3 Your interaction with and use of any Third Party Sites and Content is at your own risk and you agree we have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party for any loss or damage howsoever arising.
12.4 We are not responsible for monitoring, approving, updating or reviewing any Third Party Sites and Content. We do not guarantee, endorse, approve or adopt the accuracy or completeness of any Third Party Sites and Content and we do not warrant or represent that your use of the same will not infringe the rights of third parties.
13. Intellectual property rights
13.1 We own, or are the licensee of, the intellectual property rights in the content available on the platform, including the Passes and/or the Pass Benefits, including text, graphics, photographs, logos, icons, sound recordings and software (including source and object code) (Platform Content). These Platform Terms do not transfer any intellectual property rights to you or any third parties in respect of such Platform Content.
13.2 You must not (without our consent):
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Platform Content or other material downloaded from the Platform; or
(b) use our, or our Partners’, name, logo, graphics, and logos, including those which appear on the platform and/or any of the Platform Content.
14. Disclaimer
14.1 These Platform Terms do not limit or exclude any non-excludable rights you might have under any applicable law, including under the Australian Consumer Law.
14.2 We do not provide warranties of any kind in relation to the Platform, the Passes, the Pass Benefits or similar. To the fullest extent permitted by law, and except where otherwise set out in these Platform Terms:
(a) we expressly disclaim all warranties, express or implied, of any kind with respect to the Platform, the Passes, Offers, and/or Pass Benefits or similar, including without limitation that the same will be uninterrupted or error-free and/or other warranties (express or implied) of merchantability, fitness for use and/or a particular purpose, guarantee of a particular result or outcome, title, and non-infringement and
(b) we, and our directors, officers, employees and representatives will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the Platform, the Passes, and/or any Pass Benefits or similar.
15. General
15.1 Nothing in these Platform Terms will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
15.2 Except for any policies or terms referred in these Platform Terms as being applicable, including the any Partner Terms, these Platform Terms contain the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.
15.3 Any failure by us at any time to enforce these Platform Terms or any rights will not be a waiver of such rights or affect the validity of these Platform Terms.
15.4 If any provision of these Platform Terms is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Platform Terms and the remaining terms and conditions will be unaffected.
15.5 These Platform Terms are governed by and construed in accordance with the laws of New South Wales, Australia and the courts of New South Wales will have exclusive jurisdiction over any dispute arising out of these Platform Terms.
