TERMS AND CONDITIONS

Introduction

Welcome to the official website of the America’s Cup — www.americascup.com (Website).  These terms of use explain the terms that apply to your use of this Website.  

If you would like to contact us in relation to these terms and conditions or our Website, please email us at the details set out in the Contact Us section below.

In these Website Terms:

  • our and we means America’s Cup Event Limited; and
  • you means any user of our Website.

Application

Access to and use of the Website is subject to:

each as amended from time to time (together the Website Terms).   

We may, from time to time, have competitions, prize draws or other promotions and offers on the Website. These will be subject to additional terms and conditions that will be made known to you and will be available to download.

Please read the Website Terms carefully each time you visit our Website.  By accessing and using our Website you are deemed to confirm that you have read, understood and agreed to be bound by these Website Terms.  If you do not agree to any part of the Website Terms, you must not access, or must immediately stop accessing, our Website.

Updates

We may update the Website Terms (or any part of them) at any time by posting an updated version on our Website.  The updated version of these Website Terms will take effect immediately upon such notice. We may also take additional steps to bring the changes to your attention, including by notifying you directly. You are responsible for reviewing these Website Terms regularly to ensure that you are aware of any updates.

We may change the format, content and/or functionality of any part of our Website at any time by posting changes on the Website.

Use of our Website

You must not use our Website:

  1. for posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
  2. in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Website by any person;
  3. for posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation;
  4. for posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
  5. to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website;
  6. to transmit or re-circulate any material obtained from the Website to any third party;
  7. for any commercial purpose (unless otherwise expressly authorised in writing by us);
  8. in such a way so as to remove the copyright or trademark notice(s) from any copies of any material made in accordance with these Website Terms; or
  9. in any way that might bring us, or our sponsors, or the America’s Cup into disrepute.

Intellectual Property Rights

We own or have obtained a valid licence to use all copyright, trademarks and other intellectual property rights used on our Website and all such intellectual property rights will remain solely with us and/or our licensors (as the case may be).  You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Website content in any way, whether in hard copy or electronic or any other form, except for a single copy for your own personal, non-commercial use.

You must not adapt, alter or create a derivative work from any content from the Website except for your own personal, non-commercial use.

Any other type of use of our Website, or content on our Website, requires our express prior written agreement.

Information provided on our Website

The information provided on or in our Website is intended for information purposes and for recreational, non-commercial purposes only. Whilst every effort has been taken to ensure the accuracy of the information on the Website, we do not guarantee that any information provided on our Website is accurate, complete, up to date or suitable for your intended use.

Security

Security of your personal information and use of our Website is very important to us.  We will take reasonable technical and organisational precautions to protect our Website and information that we hold.  However, due to the inherent nature of the internet, we are not able to guarantee the security of our Website or any information that you hold or that you transmit to us. 

You are responsible for taking your own measures to reduce the risk of viruses or other forms of interference damaging your computer system.  

Exclusion of our liability

To the extent permitted by law:

  • the Website is provided on an “as is” and “as available” basis and any warranties, representations, conditions, undertakings and terms, whether express or implied, are expressly excluded; and
  • in no event will we be liable to you, or any third party, under contract, tort (including negligence) or otherwise, under or in connection with these Website Terms for your access to, use of, inability to use or reliance on our Website or any information contained in or accessed through our Website.

You acknowledge that access to our Website is provided at no charge and accordingly the exclusions of liability set out in this clause is fair and reasonable.

Third party websites

Our Website may provide links to other websites for your convenience and information. These websites are outside our control and the provision of a link to a third party website does not imply our agreement to or endorsement of any of the information contained on the third party website or otherwise imply any association with the third party.  Third party websites may have different terms of use and Privacy Policies, which you should review before using the third party website.

If you link our Website to your website, you must remove the link at our request.

General

If you access our Website from outside New Zealand you are responsible for compliance with any applicable laws of that jurisdiction.  

All amounts stated are in New Zealand dollars and inclusive of GST, unless otherwise expressly provided.

These Website Terms are governed by and construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.

These Website Terms constitute the entire agreement between you and us relating to the Website.

If any provision of these Website Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these Website Terms will otherwise remain in full force and effect.  Our failure to exercise any right will not be deemed a waiver of that right or any other rights that we may have.

In these Terms (a) headings are for convenience only and do not affect interpretation; (b) a reference to a statute includes all regulations under and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated; (c) a word importing the singular includes the plural and vice versa; (d) a reference to a party to these Terms includes that party’s successors and permitted assigns and substitutes; (e) “including” (and similar expressions) will be construed as “including, without limitation”; and (f) the singular includes the plural and vice versa.

Contact Us

We welcome your questions and comments. Please feel free to contact us:

America’s Cup Event Limited
168 Beaumont Street, Auckland, (1010) New Zealand

These Website Terms were last updated on 31st August 2018.