Terms & Conditions

Ironfist Promotions - Terms and Conditions

1.Definitions

1.1"Ironfist Promotions" shall mean Ironfist Promotions, or any agents or employees thereof.

1.2"Customer" shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing Goods and Services from Ironfist Promotions. Where the Customer comprises more than one person, the obligations of the Customers shall be joint and several.

1.3"Goods" shall mean all Goods supplied by Ironfist Promotions to the Customer and as described in any invoice, quotation and/or any other document provided to the Customer by Ironfist Promotions.

1.4"Services" shall mean all services supplied to the Customer by Ironfist Promotions and as described in any invoice, quotation and/or any other document provided to the Customer by Ironfist Promotions.

1.5"Disbursements" shall include the cost of any expense incurred on the Customer's behalf (for example, all reasonable photography, reproduction of drawings, diagrams, sketches and printing).

1.6"Price" shall mean the cost of Goods and Services as determined by Ironfist Promotions 

1.7"Premises" shall mean the property where the Customer has directed Ironfist Promotions to carry out the Services or the place for delivery of Goods.

1.8"Website" shall mean the Ironfist Promotions website at ironfistpromotions.co.nz.

2.Acceptance and cancellat

2.1These Terms and Conditions govern the supply of all Goods and/or Services by Ironfist Promotions to the Customer , including the use of the Website. These Terms and Conditions Terms and Conditions are effective from 09.08.2024 and replace any and all earlier Ironfist Promotions Terms and Conditions and any conditions contained in any document issued by Ironfist Promotions.

2.2Notwithstanding any services that require the Customer to expressly confirm their acceptance of the Terms and Conditions, the Customer is deemed to have accepted the Terms and Conditions and be bound to them whenever the Customer uses the Website or any of Ironfist Promotions' services, or requests the supply of Goods and/or Services and accepts Goods and Services provided by Ironfist Promotions

2.3Any promotions or services or other activities that are not expressly provided for by these Terms and Conditions, may have specific terms and conditions for their use or participation by the Customer. Ironfist Promotions will make any such terms and conditions available to the Customer at the earliest practicable opportunity.

2.4Ironfist Promotions retains the right to terminate any instructions received by the Customer for the provision of Goods and/or Services if the information provided to Ironfist Promotions is false or misleading or if any issue arises as to the Customer'screditworthiness.

2.5Ironfist Promotions may issue a notice of remedy to the Customer in the event that these Terms and Conditions are breached by the Customer. If the breach given in the notice is not remedied by the Customer within 14 days then Ironfist Promotions may cancel, in whole or in part, any instructions received by the Customer for the supply of Goods and/or Services immediately, without any liability, and without any prejudice to any other right it has in law or equity, by communicating the cancellation to the Customer in writing. Ironfist Promotions will not be liable for any loss or damage arising from the cancellation.

2.6Ironfist Promotions may cancel, in whole or in part, any instructions received by the Customer for the supply of Goods and/or Services immediately at any time, without any liability, and without any prejudice to any other right it has in law or equity, by communicating the cancellation to the Customer in writing for any substantial breach of these Terms and Conditions. Ironfist Promotions will not be liable for any loss or damage arising from the cancellation.

2.7In the event that Ironfist Promotions cancels any instructions (or part thereof) from the Customer, the Customer will remain liable for the full cost of any Goods and/or Services provided up to and including the date of cancellation.

2.8The Customer may cancel any instructions given to Ironfist Promotions by the Customer by providing 14 days' notice in writing to Ironfist Promotions. The Customer will remain liable for the full cost of any Goods and/or Services provided up to and including the date of cancellation. The Customer will remain liable for the full cost of any loss or damage arising from the cancellation.

3.Deposit

3.1Ironfist Promotions reserves the right to charge a deposit for the Goods and/or Services. This deposit will be invoiced and payable in advance of the provision of Goods and/or Services by Ironfist Promotions to the Customer.

3.2Ironfist Promotions may require a deposit to cover a percentage of the Price of any Service and/or Goods before Goods and/or Services are supplied to the Customer. 

3.3Ironfist Promotions reserves the right to withhold the supply of Goods and/or Services until the deposit is received.

4.Price and payment

4.1Ironfist Promotions accepts Visa, MasterCard and American Express and New Zealand bank transfers. 

4.2All credit and debit card transactions are processed via Stripe through Rocketspark and are subject to any applicable terms and conditions required by Stripe or Rocketspark.

4.3Ironfist Promotions may issue a quote to the Customer before the Goods and/or Services are supplied. Any quotation issued remains valid for 20 working days. Ironfist Promotions may withdraw that quotation at any time before the Customer accepts that quotation. The quotation is based on the costs and charges indicated to Ironfist Promotions at the day of quotation. Any changes in costs arising from sources beyond the control of Ironfist Promotions, such as changes in the price charged by suppliers or for any other reason, is payable by the Customer.Factors beyond the control of Ironfist Promotions include (but are not limited to) supply issues and price fluctuations as a result of a pandemic, an act of God, global economic crisis, political tensions between trading countries and trade embargos . 

4.4Ironfist Promotions will invoice the Customer for the Price of the Goods and/or Services based on the Goods and/or Services actually supplied. The Customer acknowledges that there may be discrepancies from the quotations and that Ironfist Promotions shall provide reasonable explanation for the final charge in each invoice where the invoice is inconsistent with the quotation for any reason.

4.5Ironfist Promotions requires full payment of the Invoice upon receipt of the invoice, unless otherwise agreed to in writing.

4.6If the Customer holds more than one account with Ironfist Promotions, these may be combined by Ironfist Promotions and the balances may be set off against each other.

4.7Ironfist Promotions may transfer any overdue accounts owing by the Customer to a third party for the purpose of collection after notice is given to the Customer.

4.8Ironfist Promotions reserves the right to invoice for Goods and/or Services in a staged approach. An invoice may be issued at each stage of Goods and/or Services being provided by Ironfist Promotions as determined by Ironfist Promotions.

4.9Ironfist Promotions may, at their sole discretion, allow for a payment schedule to be implemented for the provision of Goods and/or Services to a Customer.

4.10Ironfist Promotions reserves the right to recover from the Customer any expenses, disbursements and legal costs incurred by Ironfist Promotions due to the enforcements of any rights contained in these Terms and Conditions including any reasonable solicitor's fees or debt collection agency fees.

4.11Where a Price is provided by Ironfist Promotions, the Price is provided exclusive of Goods and Services Tax (unless stated otherwise). GST will be stated on any invoice issued by Ironfist Promotions and is payable by the Customer to Ironfist Promotions.

5.Variation/waiver

5.1No variation or waiver of these Terms and Conditions shall be valid, including any oral representations by Ironfist Promotions or a representative, which is inconsistent with these Terms and Conditions unless the variation or waiver is agreed in writing.

6.Customer's responsibilities

6.1The Customer will ensure that all information provided to Ironfist Promotions is complete and accurate.

6.2The Customer will update Ironfist Promotions when the Customer's information changes (for example, if the Customer'scontact details or address for service changes).

6.3The Customer will pay Ironfist Promotions the full Price for all Goods and Services provided to the Customer by Ironfist Promotions as per any invoice issued by Ironfist Promotions.

6.4The Customer will use the Goods and/or Services provided by Ironfist Promotions for lawful purposes only.

7.Ironfist Promotions' responsibilities

7.1Ironfist Promotions will use all reasonable skill and care in providing Goods and/or Services to the Customer.

7.2Ironfist Promotions will act in a competent and professional manner. Ironfist Promotions will only direct employees and contractors with the necessary qualifications and/or training and skills in providing Goods and/or Services to the Customer.

7.3Ironfist Promotions gives no guarantees, representations or warranties to the Customer, whether express or implied, other than those set out in writing by Ironfist Promotions or those required by law.

8.Customer information

8.1The Customer authorises Ironfist Promotions to collect and hold such commercial, financial and personal information about the Customer as is necessary for assessing creditworthiness, trading status, obtaining credit statements, marketing any Goods and/or Services provided by Ironfist Promotions, or enforcing Ironfist Promotions' rights under these Terms and Conditions.

8.2The Customer authorises Ironfist Promotions to disclose the information in clause 8.1 to other parties for the purposes stated in clause 8.1.

8.3The Customer acknowledges that any information given is true and correct, and that the Customer will notify Ironfist Promotions if the Customer's information changes. This notification shall be at least seven days in advance when possible, or as soon as practicable in all other circumstances.

8.4If the Customer is a natural person then the authority given under this clause shall constitute sufficient authority for the purposes of the Privacy Act 2020. The Customer also acknowledges that they have the right to access that information and request corrections to it.

9.Claims as to goods and/or services

9.1Ironfist Promotions will accept the return of Goods from the Customer where they are defective in quality. Where possible, Ironfist Promotions will replace or repair those Goods. A credit note may be issued for the Goods at the sole discretion of Ironfist Promotions.

9.2Where an event, in connection with Goods purchased by the Customer, is cancelled, rescheduled or significantly relocated by Ironfist Promotions, and the Customer cannot attend the rescheduled event, Ironfist Promotions will offer an exchange of ticket or a refund [JG16]in accordance with its obligations under the Consumer Guarantees Act..

9.3If an event is cancelled, rescheduled or significantly relocated by Ironfist Promotions, all liability is limited to the amount for which Goods supplied by Ironfist Promotions or its partners were purchased, insofar as the law allows.

9.4Ironfist Promotions will take all reasonable steps to remedy any defect, shortage in quantity, damage, or failure to comply with description or sample from any Service provided (where notice of such is sufficiently provided). Ironfist Promotions shall be responsible for any reasonable costs associated in remedying the issue where the issue has resulted directly from Ironfist Promotions' actions. Ironfist Promotions reserves the right to charge the Customer any additional sums where further costs are incurred in remedying the issue. Ironfist Promotions shall make the Customer aware of such additional costs and the reasons for the additional costs prior to incurring such costs. 

9.5Ironfist Promotions will not refund or exchange Goods where the Customer has changed their mind, unless expressly agreed beforehand. A credit note may be issued for the Goods at the sole discretion of Ironfist Promotions. If any Goods provided by Ironfist Promotions are faulty, then Ironfist Promotions will meet its obligations under the Consumer Guarantees Act to provide a remedy. 

10.Conditions of entry where Goods are event tickets

10.1Admission to an event organised by Ironfist Promotions is subject to the terms of Ironfist Promotions and any of its partners, including Ticketek.

10.2The Customer may be removed from or denied entry to any event where Ironfist Promotions or its partners have reasonable grounds to do so. Grounds for removal or denial of admission include, but are not limited to, breach of these Terms and Conditions, intoxication of the Customer, illicit drug use by the Customer, inappropriate customer attire worn by the Customer or adverse behaviour by the Customer that affects the enjoyment of any event by others.

10.3If the Customer arrives late to any event, the Customer may not be admitted entry until a suitable break.

10.4Any actions taken by Ironfist Promotions as a result of clause 10 will result in no remuneration being available to the Customer.

10.5The Customer may be required to allow venue staff in connection with an event organised by Ironfist Promotions to search their person and/or possessions before entering the event.

11.Disputes

11.1Ironfist Promotions and the Customer shall meet and discuss any dispute between them arising out of these Terms and Conditions.

11.2If the discussions referred to in 11.1 fail to resolve the relevant dispute within a period of 10 business days, either Ironfist Promotions or the Customer may require that the dispute be resolved by any relevant dispute resolution mechanism. 

12.Risk and loss

12.1The Customer assumes product risk during delivery of any Goods supplied by Ironfist Promotions unless otherwise stated by Ironfist Promotions in writing to the Customer prior to shipping and delivery.

13.Delivery of goods

13.1At Ironfist Promotions' sole discretion delivery of the Goods shall take place when the Customer takes possession of the Goods at the Customer's nominated address (in the event that the Goods are delivered by Ironfist Promotions) or at the Customer's computer system.

13.2The delivery of the Goods to the Customer is considered complete when the Goods are given to the carrier, courier or other person for the purpose of transmission to the Customer (in the event that the Goods are delivered by a third party).

13.3In the event that the Goods can be delivered through electronic transmission, delivery of the Goods to the Customer will be considered complete when the Goods enter the Customer's computer or email system. 

13.4The costs of delivery shall be in addition to or included in the Price of goods and will be invoiced to the Customer.

13.5The time agreed for delivery (if any) shall not be an essential term of this agreement unless the parties agree otherwise, in writing, to make time of the essence.

13.6The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged, then Ironfist Promotions shall be entitled to charge a reasonable fee for redelivery which will be invoiced directly to the Customer.

13.7The Customer cannot cancel the whole or any part of an order due to Ironfist Promotions being unable to comply with the Customer'sdelivery requirements for any reason and/or if there are minor variations to the Goods due to changes in the manufacturer's process.

14.Liability

14.1In New Zealand, the Consumer Guarantees Act 1993, the Commerce Act 1986, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Ironfist Promotions which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Ironfist Promotions, Ironfist Promotions' liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.

14.2Except as otherwise provided by clause 14.1 Ironfist Promotions, any and all of its suppliers, vendors, service providers, and all other persons or business associated directly or indirectly with Ironfist Promotions shall not be liable for:

a.Any loss or damage of any kind whatsoever including consequential, indirect or special loss and personal injury, whether suffered or incurred by the Customer or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from Goods and/or Services provided by Ironfist Promotions to the Customer; and

b.The Customer shall indemnify Ironfist Promotions against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Ironfist Promotions or otherwise, brought by any person in connection with any matter, act, omission, or error by Ironfist Promotions, its agents or employees in connection with the Goods and/or Services.

14.3In the event that Ironfist Promotions is ever liable, to the Customer or any other person, then the liability of Ironfist Promotions in all cases is limited to the Price of the Goods and/or Services supplied by Ironfist Promotions.

15.Personal guarantee of company directors or trustees

15.1If the Customer is a company, other entity (whether incorporated or not) or trust, the director(s), agent(s) or trustee(s) accepting these terms, in consideration for Ironfist Promotions agreeing to supply Goods and/or Services to the Customer, also accept these terms in their personal capacity and jointly and severally personally guarantee and undertake to Ironfist Promotions the payment of any and all other monies now or hereafter owed by the Customer to Ironfist Promotions. 

15.2As the natural person engaging Ironfist Promotions (whether on behalf of another entity or not), the natural person acknowledges that they are authorised to accept these Terms and Conditions on behalf of the Customer.

15.3Any personal guarantee made by any party shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in these Terms and Conditions. The guarantors and Customer shall be jointly and severally liable under these Terms and Conditions.

16.Default

16.1Without prejudice to any other rights or remedies that Ironfist Promotions may have against the Customer, the Customeragrees that in the event of default in payment by the Customer, then the Customer will pay on demand:

a.All costs (including, but not limited to, collection agency fees, commission, legal fees and any other costs on a solicitor and own client basis) incurred by Ironfist Promotions in recovering any amounts payable by the Customer to Ironfist Promotions; and

b.Overdue payments shall attract interest at the rate of 2.5% per month calculated daily and compounding on the first day of each month with such a rate applying after, as well as before, any judgment.

16.2Ironfist Promotions may, at its discretion, stop further performance of Services and/or supply of Goods and require payment in cash before any further performance of Services and/or supply of Goods, or terminate any instructions received from the Customer for the performance of Services and/or supply of Goods, without notice to the Customer upon any of the following:

a. The Customer defaults in payment due under these Terms and Conditions;

b. The Customer is insolvent or takes any proceedings to reschedule any indebtedness;

c. In the opinion of Ironfist Promotions the Customer is unable to pay their indebtedness as it falls due;

d.The Customer is not lawfully using or selling any Goods supplied by Ironfist Promotions; and

e. The Customer has a receiver or manager appointed.

16.3Any failure or delay by Ironfist Promotions in exercising or enforcing any right they have under these Terms and Conditions will not operate as a waiver of their rights to exercise or enforce such rights or any rights in the future.

17.Customer's disclaimer

17.1The Customer hereby disclaims any right to rescind or cancel any contract with Ironfist Promotions or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by Ironfist Promotions and the Customeracknowledges that the Goods and/or Services are sought and supplied relying solely upon the Customer's skill and judgement.

18.Privacy

18.1Ironfist Promotions acknowledges that the Customer has an interest in the way Ironfist Promotions uses and shares personal information. 

18.2Ironfist Promotions may collect and use the following information about the Customer:

a.Information supplied by the Customer to Ironfist Promotions, including any personal information the Customer provides when registering to use the Website, entering any competition facilitated by Ironfist Promotions, entering any financial transactions through the Website, or otherwise when communicating with Ironfist Promotions.

b.Information Ironfist Promotions collects about the Customer including any IP address, log-in information, browser plug-ins and operating system.

18.3Ironfist Promotions reserves the right to receive information about the Customer from publicly and commercially available sources as permitted by law.

18.4The Website may use cookies and similar technology to assist it in our dealings with the Customer.

18.5Ironfist Promotions will not contact the Customer in any way that is not directly related to the sale and purchase of the particular Goods and/or Services that the Customer has purchased or expressed an interest in purchasing, unless the Customer has opted in to receiving communications from Ironfist Promotions. 

18.6If the Customer has opted to receive ongoing communications from Ironfist Promotions, and decided at a later date not to receive further communications, the Customer will be able to opt out of receiving Communications by contacting Ironfist Promotions directly or by following the unsubscribe instructions at the bottom of any communications sent to the Customer. 

18.7The use of personal information provided by the Customer is used by Ironfist Promotions in accordance with the Privacy Act 2020. 

18.8Where a Customer disables cookies on the Website, the Customer accepts that some functionality of the Website may not be available to the Customer. 

18.9Ironfist Promotions may disclose your personal information as required by law. Where the Customer provides information to Ironfist Promotions on a confidential basis, Ironfist Promotions will hold that information in confidence, except as required by law. Ironfist Promotions cannot guarantee the security of the Website and cannot be held responsible for a breach of its website security that is outside of the reasonable control of Ironfist Promotions. In the event that a notifiable privacy breach has occurred, Ironfist Promotions will notify affected individuals as soon as practicable in accordance with its obligations under the Privacy Act 2020. 

18.10The Customer acknowledges that, where the normal conduct of business requires, Ironfist Promotions may share the Customer's personal information with any of its holding companies and its subsidiaries as defined in the Companies Act 1993, credit and debit card processing agencies and any other third party inside New Zealand in accordance with the Privacy Act 2020.

18.11The Customer acknowledges that, where the normal conduct of business requires Ironfist Promotions to share personal information with a third party outside of New Zealand, that information may not be subject to comparable protections offered by the Privacy Act 2020. 

19.The Customer is entitled to request details of the Customer's personal information that is held by Ironfist Promotions, and ask Ironfist Promotions to correct this information at any time. 

General

19.1If any provision of these Terms and Conditions shall be declared invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

19.2These Terms and Conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the exclusive jurisdiction of the courts of New Zealand.

19.3Ironfist Promotions reserves the right to review these Terms and Conditions at any time. If, following any such review, there is to be any change to these Terms and Conditions, then that change will take effect from the date on which Ironfist Promotions notifies the Customer of such change by publishing them on the Website. The most recent version of the Terms and Conditions can be found at ironfistpromotions.co.nz.

19.4Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, pandemic, fire, flood, drought, storm or other event beyond the reasonable control of either party.

19.5Ironfist Promotions may assign, sub-contract or transfer all or any part of its rights or obligations under these Terms and Conditions without the Customer's consent. For the avoidance of doubt, the Customer cannot assign or transfer all or any part of their rights or obligations under this Contract.

19.6No assignee, sub-contractor or transferee has the authority to agree to any variation of these Terms and Conditions on behalf of Ironfist Promotions.

19.7The termination of these Terms and Conditions, for any reason, will not limit, in any way, the obligations and liabilities incurred by the Customer under these Terms and Conditions.