KIWI MEMBERSHIP TERMS AND CONDITIONS
Last Updated 4 September 2024
1.1. By registering for a Membership and accessing any Membership Benefits and Offers supplied, promoted or otherwise made available by NZRL, you agree to be bound by and subject to these Membership Terms.
1.2. In these Membership Terms, unless the context otherwise requires, the following definitions shall apply:
Account means the account connected to your Membership on the Platform.
GST means goods and services tax as defined under the Goods and Services Tax Act 1985.
Kiwi Pro means the Kiwi Pro Membership.
Kiwi Starter means the Kiwi Starter Membership.
Membership Benefits means the benefits that are associated with a particular Membership (which are detailed on the Platform and viewable prior to purchase) and such benefits shall be loaded onto and redeemable in accordance with the Membership.
Member, you and/or your means a holder of a Membership.
Membership means the digital membership type, being either Kiwi Pro and/or Kiwi Starter, which will provide access to the applicable Membership Benefits and Offers associated with that membership type.
Membership Terms means these membership terms and conditions.
NZRL’s Privacy Policy means the privacy policy of NZRL which is updated from time to time and can be accessed via this link: www.nzrl.co.nz/privacy-policy/
NZRL means New Zealand Rugby League Incorporated (Incorporation Number 222927).
Offers means any offers which are made available to Members to purchase, or register for, on the Platform from time to time and offered by NZRL and third parties (as applicable).
Original Member has the meaning given to that term in clause 5.2.
Power’d means Power’d Digital Pty Ltd (ACN 655 840 887).
Platform means Power’d’s platform that allows a Member to purchase, gift, receive, and otherwise access Memberships, Membership Benefits and Offers in accordance with these Membership Terms.
Platform Terms means the terms and conditions of your access to, and use, of the Platform which operate between you and Power’d. These terms and conditions can be accessed here: https://membership.nzrl.co.nz/powerd-terms
Term means the period of time from the date the Membership is purchased or received (as applicable) until 4 September 2025.
1.3. If there is any inconsistency between information in any Membership application form, other NZRL policies you may be subject to and these Membership Terms, these Membership Terms will prevail.
1.4. NZRL may amend these Membership Terms from time to time, and you should check and read these Membership Terms regularly. NZRL will update the Last Updated date above and by continuing to use and access your Membership after any such amendment to these Membership Terms, you are deemed to have agreed to the amended terms.
2. Acceptance of Membership Terms
2.1. To access a Membership and any associated benefits and offers, a Member must create an Account in accordance with the Platform Terms and agree to these Membership Terms.
2.2. You must be:
(a) if an individual, over the age of 18 years of age; or
(b) if an entity, you must be recognisable under New Zealand law and have an authorised person to enter into and accept these Membership Terms.
2.3. The Platform Terms govern your access to, and use of, the Platform and your Account, including accessing and managing your Membership Benefits and Offers. You agree and acknowledge that the Platform Terms are an agreement between you and Power’d. For the purposes of clause 2.3 of the Platform Terms, these Membership Terms are the Partner Terms.
2.4. In addition to these Membership Terms and the Platform Terms, we may from time to time require that you agree to the other terms and conditions applying to Membership Benefits and Offers. You acknowledge and agree that failure to accept any additional terms may limit the Membership Benefits and Offers associated with your account and accessible by you.
3. Memberships, Membership Benefits and Offers
3.1. Once you have registered for a Membership in accordance with these Membership Terms, you will be able to access the Membership Benefits and Offers associated with that Membership. All Membership Benefits and Offers purchased by you, will appear and be redeemable on your ‘My Passes’ page on the Platform.
3.2. A Membership will only be valid for the Term.
3.3. Where you make a payment for any Membership, Membership Benefit or Offer as promoted by NZRL, you acknowledge and agree that it is your responsibility to review and understand the scope and extent of the applicable Membership, Membership Benefit or Offer prior to purchasing. All information will be available prior to purchase or registration (as applicable).
3.4. Access to Membership Benefits and Offers will not be guaranteed and may be subject to availability. Any limitations on availability will be specified during the promotion of the relevant Membership Benefit and Offer. It is your responsibility to accept the Offer or exercise your Membership Benefit within any applicable period. This includes any tickets to games, experiences or exclusive merchandise.
3.5. An Offer is subject to the terms stated at the time that Offer is promoted. Unless stated at the time of purchase of the Offer, an Offer cannot be transferred or gifted to another Member. Offers are only available to current Members.
3.6. The date that you purchase a Membership may affect the associated Membership Benefits and Offers that you have access to. For example (and without obliging NZRL to do so), if there is a secondary sale period for Memberships, there may have already been corresponding Membership Benefits that have expired and as such they will not be accessible to you if you purchase a Membership in the secondary sale period.
3.7. You acknowledge that despite NZLR’s reasonable precautions, Membership Benefits and Offers that contain products or services may be listed at an incorrect price or with incorrect information due to an error or oversight. In these circumstances, NZRL reserves the right to cancel the transaction notwithstanding that your order has been confirmed or otherwise accepted. NZRL will refund any purchase price to you for the product or service in question in accordance with clause 7.
3.8. Subject to these Membership Terms, all purchases of Memberships, Membership Benefits and Offers are full and final. A refund will only be given in NZRL’s sole discretion and in accordance with clause 7.
4. Third Party Offers
4.1. In addition to Offers by NZRL, Offers from independent third parties may be available to Members on the Platform from time to time.
4.2. Any Offers by third parties will be clearly identified as being provided by a third party. An Offer by a third party may contain links to third party websites. Unless expressly stated otherwise, NZRL does not endorse, have control over, and is not responsible for any such third party sites and content (including the content of the relevant Offer).
4.3. All Offers by third parties will be subject to any terms and conditions of the third party and those terms and conditions will be administered by that third party. If there is an issue with a third party Offer, you should contact the applicable third party directly.
5. Gifting Memberships
5.1. A Member may purchase a maximum of 11 Kiwi Pro Memberships per Term. If NZRL determines (in its sole discretion) that you have purchased or hold more than 11 Memberships, NZRL reserves the right to cancel all Memberships that NZRL determines are linked to you. In its assessment of the ownership and association of Memberships, NZRL will act reasonably.
5.2. Subject to this clause 5, a Member may gift a maximum of 10 Kiwi Pro Memberships to friends and family (at their discretion) (Original Member). Once a Kiwi Pro Membership has been gifted:
(a) the person receiving the gifted Membership may ‘accept’ the gift and create an Account in accordance with these Membership Terms and the Platform Terms; or
(b) the Original Member may ‘cancel’ the gift and the Kiwi Pro Membership will revert to the Original Member’s Account.
5.3. Once a Membership has been successfully gifted under clause 5.2, the Original Member will no longer have access to the Membership Benefits or Offers associated with the gifted Kiwi Pro Membership.
5.4. NZRL may refuse the purchase of a Membership or cancel a Membership of any person in its sole discretion in accordance with these Membership Terms.
5.5. For the avoidance of doubt, all Memberships will automatically expire at the end of the Term.
6. Cancellation of Membership
6.1. To the extent permitted by law, NZRL may immediately cancel a Membership if the Member breaches these Membership Terms or any other rules and regulations imposed on Members, including any NZRL policies and any rules and regulations relating to games or matches.
6.2. When a Membership is cancelled under clause 6.1:
(a) the Member will not be entitled to a refund; and
(b) the Member shall lose access to all Membership Benefits and Offers, including any that have been purchased but not yet redeemed (if applicable).
7. Payment Terms
7.1. Memberships, Membership Benefits and Offers will be available for purchase during periods as determined by NZRL. NZRL will notify Members when Memberships and Offers are available for purchase.
7.2. All payments will be actioned by Power’d and subject to the Platform Terms.
7.3. Unless expressly stated otherwise, prices to purchase as set out on the Platform are:
(a) in New Zealand dollars; and
(b) inclusive of any applicable taxes, including GST.
7.4. All prices stated on the Platform are subject to change without notice and in the discretion of NZRL and/or Power’d (as applicable).
7.5. If NZRL considers that a Member is entitled to a refund or replacement of any Membership, Membership Benefit or Offer purchased under these Membership Terms, NZRL (in its sole discretion) can decide to:
(a) give a full or partial refund to the Member; and/or
(b) offer a full replacement of the product or service (as applicable).
8. No Warranties
8.1. Except as expressly set out in writing by NZRL, NZRL makes no representation, warranty or undertaking (whether express or implied) in relation to any Memberships, Membership Benefits and Offers (including any warranty as to the merchantability, quality, the suitability or fitness or use). To the maximum extent permitted by law, all such representations, warranties and undertakings are negatived and excluded.
8.2. If the Consumer Guarantees Act 1993 (CGA) applies, you may have rights or remedies which are not excluded nor limited by the above. Where you have acquired a Membership, Membership Benefits and/or Offers for business purposes, the above exclusions and limits will apply and the CGA will not apply.
9. Indemnity and Limitation of Liability
9.1. You agree to indemnify, hold harmless and defend NZRL and its affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorneys’ fees) asserted by any third party due to or arising from or in connection with your Membership and access to Membership Benefits and Offers. NZRL reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
9.2. Nothing expressed or implied in these Membership Terms or otherwise will confer any liability on NZRL in respect of any indirect, consequential, or special loss, damage, cost or expense suffered or incurred by you as a direct or indirect result of a breach by NZRL of these Membership Terms or your use of, or inability to use, the Membership, Membership Benefits or Offers.
9.3. Notwithstanding any contrary provision in these Membership Terms, the maximum liability of NZRL under or in connection with these Membership Terms (whether in contract, tort or otherwise) is limited to the aggregate sum of the Membership and Membership Benefits and Offers purchased by you during the applicable Term.
10. Intellectual Property
All NZRL’s intellectual property in the form of patents, trade marks, brands, copyright and other technical information shall remain the property of NZRL and you must not use NZRL’s intellectual property in any manner whatsoever without the prior written consent of an authorised NZRL’s representative.
11. Privacy notification
11.1. You acknowledge and agree that NZRL may collect, use, disclose and hold any personal information you provide to NZRL or Power’d (including through the Platform) in connection with your Membership (or application for Membership) in accordance with these Membership Terms, NZRL Privacy Policy and any applicable laws and regulations.
11.2. If you disclose or provide NZRL or Power’d with any personal information of any third party individual in connection with your Membership (or an application for Membership), you also warrant that you have obtained the express consent of such individual to disclose or provide such information. For the avoidance of doubt, this clause 11.2 applies to any information collected when a Membership is gifted in accordance with clause 5.
11.3. NZRL respects the privacy of the individuals on whom NZRL collects, uses, discloses and holds personal information and shall at all times comply with the Privacy Act 2020. NZRL uses the information it collects to administer the game of rugby league in New Zealand, to provide rugby league activities and rugby league-related services, to register, select and insure participants, and to assess the level of interest in the sport.
11.4. NZRL may use your information to provide information, materials and promotions relating to NZRL and to rugby league which NZRL considers may interest you. NZRL may disclose your personal information to Power’d for the purposes of administering your Membership. Where you consent, NZRL may also disclose that information to its affiliates (to enable them to provide rugby league activities and rugby league-related services, and administer the sport in their area), to NZRL’s sponsors (to enable them to provide information, materials and promotional opportunities) and to certain other third parties.
11.5. NZRL’s Privacy Policy forms part of these Membership Terms.
12. Contact Us
If there is an issue with these Membership Terms or your Membership, you can contact us at any time at the below details:
New Zealand Rugby League
Physical Address: 7 Beasley Avenue. Penrose, Auckland 1061
Postal Address: PO Box 12712,
Email: kiwi_memberships@powerd.freshdesk.com.
13. General
13.1. These Membership Terms will be governed by and construed in accordance with the laws of New Zealand and you agree to irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand for any matter arising under or relating to this agreement.
13.2. In these Membership Terms, unless the context otherwise requires:
(a) words importing the singular include the plural and vice versa;
(b) headings are for convenience only and do not affect interpretation of these Membership Terms;
(c) a reference to a clause or paragraph is a reference to a clause or paragraph of these Membership Terms;
(d) where any work or phrase is given a definite meaning in these Membership Terms, any part of speech or other grammatical form of that work or phrase has a corresponding meaning;
(e) an expression importing a natural person includes a body corporate, partnership, joint venture or association;
(f) a reference to a statute or regulation includes all amendments, consolidations or replacements thereof;
(g) no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Membership Terms;
(h) a covenant or agreement on the part of two or more persons binds them severally;
(i) a reference to a party includes the party’s executors, administrators, successors and permitted assigns;
(j) the word “including” and similar expressions are not used as, nor are intended to be, interpreted as words of limitation; and
(k) all monetary amounts are stated inclusive of GST and in New Zealand currency. GST is payable at the same time and in the same manner as is any other amount payable under these Membership Terms, where that amount is subject to GST.
