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1. OVERVIEW

QPAM is responsible for the care, improvement, use, promotion and financial management of Spark Arena.

By purchasing a Membership, You will access the right to the Benefits made available to Members when purchasing tickets for and attending events at Spark Arena as further described in section 2 below.

The Membership Terms and Conditions govern the Membership.

QPAM in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Membership Terms and Conditions at any time and without prior notice. If the Membership Terms and Conditions have been updated, QPAM will post the new terms on the Membership Website and note the date that they were last updated. We encourage Members to review the Membership Terms each time they use their Membership Benefits.

By purchasing a Membership, you accept and agree to be bound by the Membership Terms and Conditions.

2. BENEFITS

2.1 Current Benefits

The following Benefits will be made available to Members on purchase of a Membership (subject to availability and the Membership Terms and Conditions):

  • Pre-Sale: A Spark Arena Members pre-sale for ticketed events at Spark Arena which provides Members with tickets before they go on sale to the general public. Please Note:

    - Prior to each event going on sale, we will send each Member an email with a link to Ticketmaster or Moshtix (whichever is relevant) for the purpose of accessing this Benefit. The Member will need to use their Membership Number as their code to access the pre-sale.

    - QPAM does not guarantee that the Members pre-sale will be the first or the only pre-sale for an event, but the Spark Arena Members pre-sale will give you access to tickets prior to the general public.

    - Your Membership will give you access to any tickets that are available for purchase for the relevant event but does not guarantee access to tickets if tickets sell out.

    - Promoter, event organiser, touring party or other relevant third party have the right to refuse a pre-sale by Spark Arena on any event in their sole discretion. Therefore, this Benefit may not be available for every ticketed event at Spark Arena. If pre-sale is not made available to Members for an event we will aim to offer an alternative ticket purchasing benefit where possible.

    - Each Member can purchase up to 2 tickets during the pre-sale for each ticketed event held at Spark Arena subject to ticket availability.
     
  • Arena Membership Merchandise: Upon purchasing a Membership, members will receive a welcome Spark Arena Membership branded bag (size and style will be in accordance with the Arena's bag policy). Annually on renewal members will receive an item of Spark Arena Membership branded merchandise to be determined by QPAM in its sole discretion.
     
  • Food & Beverage Discount: Discount as specified by QPAM from time to time on food and beverage at Spark Arena's food and beverage outlets. Please note:

    - The Member will need to be 18 or older and have a valid and accepted ID evidencing their age to purchase alcohol at Spark Arena; and

    - Discounts will vary per product and event and are subject to change at QPAM's sole discretion.
     
  • Members Only Lounge: Opportunity to access our Members-only lounge when a Members Lounge is available for an event. Benefits of the Members Only Lounge include; a private room for Members with access to a separate bar and toilets, and ability to purchase food that will be bought straight to you in the lounge. Please note:

    - QPAM can change the food and beverage offering in its sole discretion;

    - Space is limited in the Members Only Lounge and therefore will be available to Members on a first in first served basis;

    - The Member must present their Membership Card on arrival to the Members Only Lounge together with their ticket for the event;

    - QPAM has the right to refuse entry to the Members Only Lounge to anyone failing to comply with the Conditions of Entry or any other relevant Membership Terms and Conditions including, without limitation, due to intoxication; and

    - QPAM can change the location of the Members Only Lounge within Spark Arena from event to event in its sole discretion.
     
  • Behind the Scenes Tour: All current Members with valid Memberships will be invited to attend a behind the scenes tour of Spark Arena once during the Validity Period. Please note:

    - The date of the Behind the Scenes Tour is to be determined by QPAM in its sole discretion.

    - The Behind the Scenes Tour will be held on a non-event day.

    - Members have no rights to a behind the scenes tour on any day that is not the one specified by QPAM.

All Benefits are subject to availability and to these Membership Terms and Conditions. A valid Membership Card will entitle You to the Benefits but You acknowledge that some or all of the Benefits may be added to, removed or altered by QPAM in its sole discretion.

Any additional fees or costs associated with Your Membership (e.g. event tickets) are additional to Your annual Membership fees.

Any ticket purchases made to events at Spark Arena will be subject to the Ticketing Conditions of Sale as set out by either Ticketmaster or Moshtix (as relevant for the particular event) and Conditions of Entry.

2.2 Value

Benefits have no cash value and are not exchangeable for cash. Choosing not to claim a Benefit does not entitle a Member to any vested rights, and QPAM does not guarantee in any way the continued availability of any Benefit.

2.3 Promotion

From time to time, QPAM may advertise or offer exclusive offers to select Members to receive other benefits or discounts. This is at the sole discretion of QPAM.

3. MEMBERSHIP

3.1 Membership Enrolment

To become a valid Member, you must complete the enrolment process at The Member Website by providing complete and accurate information, paying the Initial Fee or Renewal Fee (as relevant) and indicating your acceptance of the Membership Terms and Conditions.

Subject to the Membership Terms and Conditions, Your Membership will be valid for the Validity Period. You will have access to the Benefits for the duration of the Validity Period (subject to availability and any other relevant Membership Terms and Conditions). The Membership must be renewed every 12 months to continue accessing Member Benefits.

3.2 Membership Card

When Your application for a Membership has been Accepted a contract in accordance with these Membership Terms and Conditions has been formed between us and You will be issued with a Membership Card, Membership Card Number and account for managing Your Membership.

3.3 Eligibility

To purchase a Membership You must be at least 18 years of age and be a citizen of or permanent resident in New Zealand.

3.4 Use of Membership

The Benefits can be utilised immediately upon Acceptance and Your Membership Card will be available for collection within 28 working days.

Your Membership Card is a personal revocable licence and is, at all times, the property of QPAM. QPAM reserves the right to refuse to supply You with a Membership Card and can terminate Your Membership and/or demand the return of Your Membership Card and/or cancel it at any time if, in its reasonable opinion, QPAM determines that a Member:

(a) does not meet the requirements set out in section 3.3;

(b) has abused any of the Benefits;

(c) misused its Membership Card in any way;

(d) fails to comply with any of the Membership Terms and Conditions; or

(e) makes any misrepresentation or provided false information to QPAM.

Any Benefits and tickets obtained in breach of the Membership Terms and Conditions will be made null and void and QPAM may refuse to admit the Member to Spark Arena.

3.5 Transferability

Only the named holder on the Membership Card will be entitled to use the Membership Card and to receive Benefits. Memberships cannot be assigned, exchanged, traded, bartered, or given by gift or otherwise sold to anyone other than the original Member who purchased the Membership. Any Memberships so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon operation or law upon the death of a Member.

3.6 Return/Exchange Policy

Memberships cannot be returned or exchanged.

The Initial Fee and any Renewal Fee are non-refundable in the event that a Membership Card is terminated as permitted by these Membership Terms and Conditions.

3.5 Renewal

At least one month before the expiry of the Validity Period QPAM will offer You the opportunity to renew Your Membership for a further twelve-month period. Any renewals will be subject to payment of the then current Renewal Fee.

If You purchase a Membership Card at a promotional price, as indicated at the time of the purchase is made, any subsequent renewal payments will be made at the advertised full price, unless otherwise stated. You will be notified of the Renewal Fee prior to expiry of your current Membership.

4. DATA PROTECTION

4.1 Personal Information

We are committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members, including, but not limited to: name, address, email address, telephone numbers ("Personal Information").

You must ensure that the Personal Information provided by You when You apply for a Membership is accurate and complete and contains Your correct name, contact address, telephone number and/or email address and any other requested details.

lt is Your responsibility to inform QPAM of any changes to your Personal Information.

4.2 Use of Personal Information

QPAM will use this Personal Information to provide You with all information connected with the supply of Your Membership including ticket offers, Benefits, renewals, newsletters, events, offers and changes to the Membership. By Accepting a Membership Card You consent to Your Personal Information being used in this way.

QPAM shall comply with the Data Protection Legislation in respect of its processing of Personal Information under this section 4.

You can read more about how QPAM handles Personal Information at www.sparkarena.co.nz/privacy-notice/

4.3 Unsubscribe

By sharing your Personal Information and as an active Member, we and/or our service providers may communicate to you special offers, services, promotions and Membership information. You can unsubscribe from receiving such messages at any time by clicking unsubscribe at the bottom of any promotional email.

Please note if You refuse certain contact permissions, we may not be able to provide You with all the services that Your Membership entitles you to.

5. GENERAL

5.1 Precedence

If there is a conflict between any terms set forth here, on the Membership Website, and/or any other Membership terms, such conflict shall be resolved as follows: first, these terms shall prevail, thereafter the Membership Website and finally any other terms and conditions governing the Membership (including without limitation the Conditions of Sale and any relevant purchasing terms for the Membership on the Moshtix Website).

For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Membership Terms and Conditions, such dispute shall be settled in accordance with the provisions and procedures set forth in these terms.

5.2 Accuracy

Every effort has been made to ensure that the information herein is correct. QPAM is not responsible for any errors or omissions in printed copies of these terms nor those published from time to time on its Membership Website.

5.3 Waiver

Any waiver by QPAM of the strict observance, performance or compliance by a Member with any of the Membership Terms and Conditions, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of QPAM as a result of any other failure to observe, perform or comply with the Membership Terms and Conditions. No delay or omission by QPAM in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.

5.4 Severance

In the event that any provision in the Membership Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.

5.5 Contact

If you have any questions about the Membership Terms and Conditions or if you wish to provide any feedback with respect to the Membership, please contact us at: vip@sparkarena.co.nz

6. DEFINTIONS

In these terms and conditions:

'Acceptance' 'Accepted' 'Accepting' means confirmation by QPAM verbally or in writing (including by email) that Your Membership application has been accepted and Your Benefits will commence.

'Benefits' means those Benefits and discounts at Spark Arena and from external providers which are from time to time notified on Membership Website, newsletters or mailings, as available to holders of a valid and current Membership Card. Additional conditions may apply to individual Benefits and discounts.

'Conditions of Entry' means the conditions for any person to enter Spark Arena as set out at www.sparkarena.co.nz/conditions/ and as may be amended by QPAM from time to time.

'Conditions of Sale' means those terms and conditions that apply to our customers purchasing tickets and attending events at Spark Arena as published from time to time.

'Data Protection Legislation' means the Privacy Act 2020 including any and all data protection laws or regulations applicable in New Zealand including those made under or pursuant to the Privacy Act 2020 as may be amended or superseded from time to time.

'Initial Fee' is the fee payable on Acceptance. 'Renewal Fee' means the fee payable by You as set by QPAM at the end of the first 12 month Validity Period and for any subsequent 12 month periods thereafter.

'Member' (and 'you and 'your') means you or anybody who in Our reasonable opinion is acting with your authority or permission. Your shall be read accordingly.

'Membership' means the Spark Arena Membership Programme offered by QPAM for ticketed events held at the Arena.

'Membership Card' means either (a) the card which is issued to You by QPAM following an application in accordance with these Terms & Conditions or (b) the card which is a replacement for Your current Membership Card.

'Membership Card Number' means the account number issued to You on Acceptance.

'Membership Terms and Conditions' means these terms and conditions governing the Membership, the Conditions of Sale, the Conditions of Entry and any terms and conditions associated with purchasing the Membership as may be set out on the Moshtix Website.

'Membership Website' means www.sparkarena.co.nz/vip

'Moshtix Website' means www.moshtix.co.nz

'QPAM' (and 'we', 'our', 'ours' and 'us') refers to QPAM Limited, registered in New Zealand with company number 1178688 whose address is at 42-80 Mahuhu Crescent, Parnell, Auckland 1010.

'Spark Arena' means the arena located at 42-80 Mahuhu Crescent, Parnell, Auckland 1010.

'Validity Period' refers to (a) the 12 month period from the date of Acceptance or (b) the 12 month period from the date of renewal of Your Arena Membership by QPAM and means the period during which Your Membership Card is valid in accordance with these Conditions.

'Working Day' means Monday to Friday, excluding any Public or Bank Holidays.

Last updated: Wed 4 October 2023