New Zealand Central Terms of Use

New Zealand Central (NZCentral) is a New Zealand Trade and Enterprise (NZTE) initiative to support New Zealand commercial development in China. New Zealand (NZ) registered exporters, NZ Government agencies, NZ education organisations, NZ industry bodies and network partners of NZTE are eligible to apply to use NZCentral facilities. In applying to use, or using NZCentral, you agree that these terms apply between you and NTZE, in addition to NZTE’s Terms of Engagement (together the “Terms of Use”). In the event of any inconsistency between these terms, the NZTE Terms of Engagement and the terms of your NZCentral user registration form, these terms will take precedence, followed by the terms of your NZCentral user registration form, and finally by the NZTE Terms of Engagement.

1. Application

(a) Application: To apply to use NZCentral’s facilities, organisations are asked to complete an application form, agree to abide by these Terms of Use and the Health & Safety requirements at NZCentral.

(b) Assessment: NZTE will ordinarily determine any application made within 2 weeks from application receipt, though further time may be taken if NZTE, at its sole discretion, considers this to be necessary.

(c) Registered User: NZTE may, at its sole discretion, decline an application. If an application is approved by NZTE, the applicant will become a “registered user” of NZCentral (Registered User/s).

2. Access and Use

(a) Venue: NZCentral is a multi-use venue with a number of areas: casual meeting areas, hot-desk space, formal meeting rooms and an events space. Access to use the different paces will be determined by your package type.

(b) Access: In general NZTE endeavours to make access to appropriate spaces as easy as possible for Registered Users and we ask our Registered Users to respect that NZTE may need to restrict access when events or meetings are being held.

(c) Hot desking: Hot desk space is available at NZCentral and can be used by a Registered User for up to 12 working days per month, with one person per Registered User present at a time, unless otherwise agreed in advance with NZTE. NZCentral is not set-up to provide permanent or semi-permanent office facilities for organisations or individuals.

(d) Compliance with Terms of Use: Registered Users are responsible for ensuring their members, employees, agents, and guests are aware of and comply with these Terms of Use when using NZCentral facilities.

(e) Guests: Registered Users are able to invite guests to NZCentral for the purposes of promoting New Zealand commercial development in China. Registered Users will be expected to register their guests at the visitor registration station upon entry to NZCentral and will take responsibility for their guests while at NZCentral, including adherence to NZCentral Health & Safety requirements and NZTE’s instructions. For events or formal meetings Registered Users will be expected to register guests at the time of booking the space.

(f) Refusing entry: NZTE reserves the right to refuse entry to any members, employees, agents and guests of a Registered User at its sole discretion.

(g) Bookings: Registered Users who wish to book a meeting room, or event space can do so by contacting NZTE or email to nzcentral@nzte.govt.nz.

(h) Catering: If a booked event is to be catered, you must also provide service staff – one per 25 guests unless otherwise agreed with NZTE. You must advise us of the details of catering at least one week in advance of the event (catering companies must be fully licensed and have a current Food Safety certificate). You must pay for all catering costs directly.

(i) Ticketing: Tickets cannot be sold for an event and no entry fee of any type may be charged for an event except in exceptional circumstances. If you believe such exceptional circumstances exist, you may make a written request for an exception which we will consider and decide upon at our sole discretion. If NZTE considers that exceptional circumstances exist, any ticket prices or entry fees may only be charged on a cost recovery basis.

(j) No liability: Registered Users (and their members, employees, agents, and guests) agree not to hold NZTE responsible for any personal injury or property damage, theft, or loss that arises from its use of NZCentral, to the extent permitted by law.

(k) Availability: NZTE will always work to communicate fully and openly with Registered User regarding changes in availability or service provision; however, we reserve the right to cancel, vary, or change, without notice, services offered or advertised as available. NZTE will not be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, or any loss of profits or business interruption claimed by a Registered User resulting from such withdrawal, cancellation, variation or change. NZTE will refund Registered Users the relevant Fees paid to NZTE for any event which NZTE cancels, changes or varies under this clause to the extent that the Registered User decides it no longer wishes to proceed with an amended booking.

(l) Cancellation: If NZTE decides to cancel the NZCentral initiative, NZTE will provide a pro-rata refund based on the proportion of services which a Registered User has used under its relevant package.

(m) Damage: Registered Users are responsible for using NZCentral in a tidy and considerate manner. If a Registered User or its guests cause any damage to the NZCentral space and adjoining facilities or any items belonging to NZTE, the Registered User will be responsible for the cost of repairs, reasonable wear and tear excepted.

(n) Deliveries: Registered Users will be responsible for receiving any courier or delivery items sent to NZCentral which are not being received as part of an official function.

(o) Restrictions: NZCentral is the Public Affairs Division of the New Zealand Consulate General of Shanghai and as such, overall usage is guided by the New Zealand Consulate. This means, NZCentral:

cannot be used, or held out, as a registered user’s place of business (including, but not limited to, in applications for bank accounts, to government agencies or in company materials and websites);
cannot be used to promote non-NZ organisations, products or services; and
cannot be sublet or booked on the behalf of, or to, a third party.
Signings which are undertaken to facilitate or further the development of commercial and economic relations between a Registered User and a partner organisation are permitted within NZCentral, subject to the approval below. Such signings include, but are not limited to:
Memorandums of Understandings;
exchanges of letters; and
partnership agreements where the substantial negotiations have already been concluded.

An event that includes a signing element must be approved by NZTE, at its sole discretion, at least two weeks prior to the date of the event. It is your responsibility to ensure that NZTE has the information required for assessment, and that the information is provided allowing sufficient time for NZTE’s decision to be made.

(p) Photography/Videography: NZTE’s prior written consent is required for photography or videography at NZCentral.

(q) Promotional material: Any material referencing NZCentral or, including photos or videos of NZCentral, must be reviewed and approved in writing by NZTE prior to being published or distributed. For clarification, this includes, but is not limited to, event invitations, event promotion and content to be displayed during an event. You must provide us with the detail of any digital signage you would like to have displayed for the Event at least two full working days in advance of the event so we can make sure it is formatted correctly for the digital signage screens.

(r) Smoking: Smoking, including the use of electronic cigarettes is prohibited at NZCentral.

3. NZTE Rights

(a) Termination: NZTE may terminate or suspend the registration of a Registered User if the Registered User has, in NZTE’s opinion:

abused, misused or obtained by any misrepresentation any facilities or arrangements provided by or in connection with NZCentral;
behaved in a manner which NZTE deems to be unacceptable while at NZCentral or by using services provided by or in connection with NZCentral;
acted in any way that is detrimental to the interests of NZTE;
provided any incorrect or misleading information to NZTE in connection with being a NZCentral Registered User; or
acted in breach of these Terms of Use.

No refund of fees will be provided in circumstances where NZTE terminates or suspends the registration of a Registered User.

(b) Changing terms: NZTE may need to change these Terms of Use from time to time. If we do make any changes, those changes become binding on both of us 14 days after we give you notice in writing of them or publish them on our website (whichever is earlier), except that:

if a change is significant and would materially affect you, we must give you notice in writing rather than relying on the change being published on our website; and
if you give us notice before the end of the 14 days that you do not wish to be bound by a change to our Terms of Use, our engagement with you will end at the end of the 14 days, or as soon as is reasonably practical after that, and the varied Terms of Use will not apply to you.

4. Fees and Payment

(a) Fees: The fees for the use of NZCentral facilities are as published on NZCentral’s website from time to time (Fees).

(b) Payment: Registered Users must pay all Fees as follows:

for the Pay As You Go, Registered Users must pay in accordance with the relevant event booking form; and
for the Professional and Premium Packages, payment must be made at the time of registration, and Fees are payable annually.

(c) Payment method: Payment of all Fees must be made either by bank transfer to NZTE’s bank account in New Zealand or online credit card payment. All bank related expenses and taxation if applicable, will be borne by Registered Users.

(d) Non-payment: NZCentral reserves the right to cancel any bookings if payment is not made in full by the specified date. NZCentral will not be liable for any loss or cost suffered by Registered Users as a result of cancellation under this clause.

Tax invoice: NZCentral will provide Registered Users with a New Zealand GST invoice. NZCentral is unable to provide a China local VAT fapiao.

5. Privacy and confidentiality

(a) Privacy: NZCentral respects individuals’ rights to privacy and will comply with any privacy obligations under Chinese or New Zealand laws. NZCentral will protect the personal information provided to NZCentral by Registered Users and any other individual (“Personal Information”) in accordance with NZTE’s Privacy Policy.

(b) Confidentiality: NZCentral will treat your confidential information in accordance with NZTE’s Terms of Engagement. We take confidentiality very seriously, but also recognise that in some cases disclosure may be necessary for either legal or practical reasons.

Details contained in any User Registration Application form submitted to NZCentral;
Details of Registered User’s and their guest’s ID;
Business details including company names and contact details; and
Other information provided to NZCentral that a Registered User specifically instructs must be kept confidential.

(d) Purpose: Registered Users’ information is collected and used to enable the functioning of NZCentral and provide services to Registered Users.

(e) Access: Individuals have the right of access to information about them held on the NZCentral database upon request, on reasonable notice and to have it updated or corrected as necessary.

(f) Provision of information: With respect to any personal information provided by a Registered User to NZTE for the purposes of performance of these Terms of Use, a Registered User represents and warrants to NZTE that:

it has obtained all the necessary consents and/or approval from the relevant data subjects, permitting NZTE to use, store or process any personal information provided by the Registered User;
provision of any personal information by the Registered User to NZTE complies all the relevant data protection laws and regulations;
it shall be fully responsible for dealing with any claim and request from data subjects for any personal information provided by it to NZTE.

NZTE has the right to use the personal information provided by a Registered User to check the identity of attendees at NZCentral and, after the event, the parties confirm that NZTE may continue to store and use such personal information only for the purpose of compliance with the relevant security or regulatory requirements. NZTE shall not be liable for any violation of data protection law due to the reasons attributable to a Registered User.

6. Tax Liability

NZTE is not responsible for any tax liabilities or other levies or duties that may be imposed on any Registered Users arising from their NZCentral package. Registered Users must seek their own advice on such matters.

7. Governing Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of China and the parties submit to the non-exclusive jurisdiction of China except in those cases where the applicant /Registered User is domiciled in New Zealand in which case this agreement shall be governed by and construed in accordance with the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of New Zealand.