MB Festival App Terms & Conditions and End-User License Agreement

Please read these terms carefully

These terms and conditions apply to your use of the MB Festival app made by Lemongrass Productions Limited (“Lemongrass Productions”) for navigating the Mairangi Food & Wine festival, making payments for food and drinks, and keeping a record of what you have bought. Please take the time to read and understand these terms and conditions. By installing and using this mobile app and any of the services it provides (“MB Festival app”), you agree to these terms and conditions.

Availability

While we have been careful to ensure that the content of the MB Festival app is accurate, Lemongrass Productions gives no warranty (express or implied) as to the accuracy, completeness or noninfringement of that content. The MB Festival app may not be continuously available or error free.

From time-to-time, Lemongrass Productions may upgrade the MB Festival app. If you do not install the upgrade, some or all of the MB Festival app’s functionality may not be available to you, and the security of your information may be compromised.

Limitation of liability

The physical security of your device is your responsibility.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for fraud or fraudulent misrepresentation.

To the extent permissible by law, Lemongrass Productions excludes any and all liability for any loss or damage, direct or indirect, to you or your device including but not limited to a handheld or mobile device which arises out of the installation and/or use of the MB Festival app by you or anyone else where that loss is not attributable to Lemongrass Productions’ negligence, or a breach of these terms and conditions by Lemongrass Productions. In the event that you suffer loss as a result of Lemongrass Productions’ negligence, or a breach of these terms and conditions by Lemongrass Productions, the maximum amount Lemongrass Productions will be liable for is the value of the purchase you have made with us. In no circumstances will Lemongrass Productions be liable to you for any consequential or indirect loss or damage.

Lemongrass Productions will not be liable to you in the event that any loss or damage you suffer could have been avoided by you installing the most up to date version of the MB Festival app.

Lemongrass Productions will not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity incurred directly or indirectly by the installation or usage of the MB Festival app.

The MB Festival app is provided for event purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from any action on the basis of information obtained from the MB Festival app. Although we make reasonable efforts to update the information provided by the MB Festival app, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Lemongrass Productions are not responsible for events outside our control. If our provision of the services provided by the MB Festival app or support for the MB Festival app is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us.

Internet and mobile provider terms and charges.

Lemongrass Productions won’t charge you for downloading the MB Festival app, but your internet provider or mobile network provider may charge you for connection services when you download and/or use it. You agree that Lemongrass Productions is not responsible for any of those charges. You must comply with any applicable third party service providers’ terms of use (for example, software providers and network service providers) when using the MB Festival app.

Privacy

This section only applies if you are using the MB Festival app as an individual, and not if you are using it on behalf of a company.

We understand that your privacy is important to you. You will need to confirm some personal information so that we can verify your identity. It is important that this personal information and any other information you give us is correct and that you tell us if there is any change to it. If you don't supply us with this information, you may not be able to use this app.

By installing the MB festival app, you confirm that you are the account holder or are authorised by the account holder to access the account details.

We will keep your personal information secure and it will be held by us in our database in accordance with the Privacy Act 1993 and as set out in our Privacy Policy. We may use your personal information for the purposes outlined in those terms and conditions.

If you want to know what information is held about you, contact us. It is freely available to you. You are also entitled to ask for any personal information we hold about you to be corrected.

Governing Law

The laws of New Zealand govern the MB Festival app and your use of it. Any rights you may have under the Consumer Guarantees Act 1993 are not affected by these terms and conditions.

Copyright and Trademarks

The content of the MB Festival app is the copyright of Lemongrass Productions, and Lemongrass Productions retains all intellectual property rights in it. The names and logos appearing on the MB festival app are the trademarks of Lemongrass Productions, Mairangi Bay Food & Wine festival’s exhibitors and sponsors. You must not use, copy, monitor, modify, transmit, store, extract, publish or distribute any material on or accessed via this app without the prior written consent of Lemongrass Productions.

Lemongrass Productions may restrict or block your access to and use of the MB Festival app at any time if we reasonably believe that you may have breached any provision in these terms and conditions.

You may use the material on the MB festival app for the purposes of monitoring and updating of your MB festival app account only.

Security

When you make changes to your account, or update your details, Lemongrass Productions requires you to provide your ticket purchase details, name, and other information to verify your identity.

When you submit information to Lemongrass Productions through the MB Festival app, this information is sent to Lemongrass Productions’s secure servers for processing.

Security technology changes very quickly so we evaluate our security systems and processes regularly to make sure that the information you send us via the MB Festival app is afforded the highest sufficient level of protection.

Payments

Fees

Credit card, processing and transaction fees are included in prices displayed in the app unless otherwise indicated.

System Requirements

N/A

Support

If you want to learn more about the MB Festival app or have any problems using it, if you think the MB Festival app is faulty or misdescribed or wish to contact us for any other reason, please email our customer support team at tech@lemongrassproductions.co.nz.

Licensing

If you want to license the MB festival app technology, please enquire at tech@lemongrassproductions.co.nz.

How we will communicate with you.

If we have to contact you we will do so by email or SMS using the contact details you have provided to us.

How you may use the MB Festival app.

In return for your agreeing to comply with these terms you may, when accessing the MB Festival app through an app on your chosen device:

Download a copy of the MB Festival app (we may from time to time limit the number of devices you may use for this purpose) and view, use and display the MB festival app on such devices for your personal purposes only; and

Receive and use any free supplementary software code or update of the MB Festival app incorporating “patches” and corrections of errors as we may provide to you.

You must be 18 or over to accept these terms and use the MB Festival app. The MB Festival is not intended for persons under the age of 18. Persons under the age of 18 may not use the MB Festival.

We encourage the safe and responsible use of alcohol and promote moderation, both in general and where it pertains directly to the use of the MB Festival app.

You may not transfer the MB Festival app to someone else.

We are giving you personally the right to use the MB Festival as set out above. You may not otherwise transfer the MB Festival app to someone else, whether for money, for anything else or for free. If you sell any device on which the MB Festival app is installed, you must remove the MB Festival app from it.

Updates to the MB Festival app

From time to time, we may automatically update the MB Festival app to alter the service it provides, improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, where applicable, we may ask you to update the MB Festival app for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the MB Festival app.

The MB Festival app will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it.

If someone else owns the phone or device you are using

If you download the MB Festival app onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

Account or log-in details

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

We are not responsible for other websites you link to

The MB Festival app may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

Other Terms May Apply

The ways in which you can use the MB Festival app may also be controlled by the rules and policies of the app store from which you download the MB Festival app, such as Apple and Google Play. Their rules and policies will apply instead of these terms where there are differences between the two.

Data usage and collection

We may collect data for marketing, research, and product improvement purposes relating to the MB Festival app. By using the MB Festival app you agree to us collecting and using this data.

We may collect technical data about your device

By using the MB Festival app, you agree to us collecting and using technical information about the devices you use the MB Festival app on, and related software, hardware and peripherals, to improve our products and the MB Festival app. 

We may collect location data (but you can turn location services off) 

Certain Services within the MB Festival app may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the MB Festival app on the device settings. If you use these Services, you acknowledge our, and our affiliates’ and licensees’, transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us collecting such data at any time by turning off the location services settings for the MB Festival app on your device. If you do so, this might preclude your use of some functionality. For further information please refer to the Privacy Policy.

Third-Party Service Providers

The MB Festival app uses Stripe, Inc. and its affiliates as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) ("Third-Party Service Provider"). By paying for any portion of the Services, you shall provide your payment details and any additional information required to complete your order directly to our Third-Party Service Provider. You agree to be bound by Stripe's Privacy Policy (currently accessible at www.stripe.com/nz/privacy ) and its Terms of Service (currently accessible at https://stripe.com/ssa) and hereby consent and authorize Lemongrass Productions and Stripe to share any information and payment instructions you provide with one or more Third-Party Service Provider(s) to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Third-Party Service Provider and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Third-Party Service Provider uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Third-Party Service Provider may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.

Changes to these terms and conditions

By installing the MB Festival app you agree that Lemongrass Productions can change the terms and conditions that apply to it at any time by issuing a mobile app update. If you do not wish to accept those changes, you can uninstall the app before the changes take effect.

Restrictions

Licence Restrictions  

You agree that you will:

not rent, lease, sub-license, loan, provide, or otherwise make available the MB Festival app in any form, in whole or in part to any person without prior written consent from us;

not copy the MB Festival app, except as part of normal use of the MB Festival app or where it is necessary for the purpose of back-up or operational security;

not translate, merge, adapt, vary, alter or modify the whole or any part of the MB Festival app, nor permit the MB Festival app or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the MB Festival app on devices as permitted in these terms;

not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the MB Festival app nor attempt to do any such things, comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the MB Festival app.

Acceptable use restrictions

General Acceptable Use Restrictions

You must:

not use the MB Festival app in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example by hacking into or inserting malicious code, such as viruses or harmful data, into the MB Festival app or any operating system;

not use the MB Festival app to bully, insult, intimidate or humiliate any person;

not use the MB Festival app to transmit or publish any unsolicited or unauthorised advertising or promotional material;

not infringe our intellectual property rights or those of any third party in relation to your use of the MB Festival app, including by the submission of any content or material (to the extent that such use is not licensed by these terms);

not transmit or submit to the MB Festival app any content or material that is defamatory, offensive or otherwise objectionable in relation to your use of the MB Festival app, or which does not comply with our content standards;

not use the MB Festival app in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

not collect or harvest any information or data from the MB Festival app or our systems or attempt to decipher any transmissions to or from the servers running any service provided by the MB Festival app.

Ending your rights to the MB Festival app

If we end your rights to use the MB Festival app:

you must stop all activities authorised by these terms, including your use of the MB Festival app;

you must delete or remove the MB Festival app from all devices in your possession and immediately destroy all copies of the MB Festival app which you have and confirm to us that you have done this; and

we may remotely access your devices and remove the MB Festival app from them and cease providing you with access to any services provided by the MB Festival app.

We may transfer this agreement to someone else.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

You need our consent to transfer your rights to someone else.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

Which laws apply to this contract and where you may bring legal proceedings 

These terms are governed by New Zealand law and you can bring legal proceedings in respect of the MB Festival app in the New Zealand courts.