Terms of use

Unless we have a separate written agreement between you and us specifically covering your use of the Gather ticketing platform (Gather), these Terms apply to your use of Gather, including any posting or advertising of an event by you (whether public or private and whether ticketed or not), the sale of tickets to an event, and any purchase of a ticket you make on Gather. By accessing and using Gather, you agree to these Terms. If you do not agree to these Terms, you must not access and use Gather and you must not post or advertise an event on Gather or purchase any ticket on Gather.

References in these Terms to โ€œweโ€, โ€œusโ€, โ€œourโ€ is a reference to Gather Aotearoa Limited (NZ company number 9289759).

Changes

We may update these Terms from time to time, so keep an eye on Gather or our website for any updates. If you keep using Gather after an update, you agree to the updated Terms. If you do not agree to an update, you must stop accessing and using Gather and must not, after the date of the update, post or advertise an event on Gather or purchase a ticket on Gather.

We may change Gather and its functionality at any time. If you are unhappy with that change, you may cancel your account and stop using Gather.

Your privacy

We take your privacy seriously. Our Privacy Policy explains how we handle your personal information. By accessing and using Gather, you agree to how we collect, use, process, handle, and share your information, as described in the Privacy Policy.

Registration and accounts

To use some features, youโ€™ll need to register with us and set up an account. You must be 18 years or over to create an account, or if you're under 18, youโ€™ll need permission from a parent or guardian to set up that account and use the Gather functionality (e.g. advertising an event or purchasing a ticket). By registering and setting up an account on Gather, you confirm that you meet this requirement.

You must provide true, current and complete information in your dealings with us, including when setting up an account, and must promptly update that information as required so that the information remains true, current and complete. You also must keep your account details confidential.

Gather is an online marketplace through which event organisers (we call them a host) can post, advertise, and share details of an event, and sell tickets to people wanting to attend the event. We act as an intermediary. Where a Gather user agrees to attend an event, including buying a ticket for that event, the attendance (including ticket purchase) agreement is between the attendee and the host, and not with us. We are not an auctioneer or a broker.

Events

If you post or advertise an unticketed event on Gather, you may share the event details with:

When a mutual or other person RSVPs to an event (noting that an individual will need an account with Gather to RSVP), that mutual or other person will then obtain access to the event details.

If you post or advertise a ticketed event on Gather, you may sell tickets to that event on Gather subject to you paying our booking fee to us (see section โ€œTicket sales and paymentsโ€ of these Terms).

Where you are an event host, you acknowledge that you (and not us) create and manage the events, and that you (and not us) are responsible for:

If you are a ticket holder or an attendee at an event, you acknowledge and agree that:

If you have any questions or issues regarding an event or the above responsibilities, please contact the event host directly. Hosts control their events and are responsible for informing you of any additional terms or policies that apply to the event, e.g. age restrictions. They are also responsible for resolving any disputes with you related to their events.

Ticket Sales and Payments

The price of the ticket for an event on Gather is made up of the price set and advertised by the host and our booking fee (plus GST). The booking fee (plus GST) relates to the use of the platform and is non-refundable, including where an event is cancelled or postponed.

Gather facilitates ticket sales through Stripe payment processing. While we provide the platform for these transactions:

If an event is cancelled or rescheduled, any refund by the host will be subject to the terms and conditions set by the host on Gather, except as required by law. New Zealand consumers may have additional rights under the Consumer Guarantees Act 1993.

For details of our booking fee (plus GST) that applies to ticket sales for an event, please see the Gather website or you can contact us via Gather or at help@gather.rsvp to get details of the booking fee.

Electronic Communications

By using Gather, you agree to receive electronic messages from us and event hosts. These electronic messages (like emails, texts and in-app notifications, including invitations) count as "written" communications for legal purposes.

When we or a host send you electronic messages, they're considered "received" when they arrive at the email address or mobile number you gave us during registration, or when we post them on our platform.

Electronic records of your activities and transactions on Gather (like ticket purchases or event registrations) can be used as valid evidence of these actions.

If you wish to stop receiving electronic communications, you can contact us at help@gather.rsvp, but this might affect your ability to use some Gather features.

No warranties

To the maximum extent permitted by law, Gather is provided "as is" and "as available", and your use of Gather is at your own risk. We donโ€™t make any promises about Gather. We specifically disclaim any warranties and representations that:

Despite the above, nothing in these Terms has the effect of limiting or excluding your rights under the Consumer Guarantees Act 1993.

Limitation of liability

To the maximum extent permitted by law, Gather Aotearoa Limited, its officers, directors, employees, or agents are not responsible or liable to you for any indirect, incidental, special, consequential, or exemplary damages. This includes loss of profits, goodwill, data, or other intangible losses, and losses that result from:

To the maximum extent permitted by law and subject to the next paragraph, we have no liability to you under or in connection with these Terms or in respect of an event or your use of Gather, whether in contract, tort (including negligence), breach of statutory duty or otherwise.

Where you have hosted a ticketed event on Gather or you have purchased a ticket on Gather, our maximum aggregate liability to you under or in connection with these Terms or in respect of the event, your ticket, or your use of Gather, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not exceed:

Using Gather

If you use Gather, you must follow the guidelines below and any acceptable use policy on Gather, as those guidelines and that policy are updated by us from time to time.

Registering an account

Rules of conduct

Intellectual property

We (and our licensors) own all proprietary and intellectual property rights in Gather, our name and logo, and all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel. Donโ€™t use it without our written permission.

User content

You can upload content to Gather. By doing so, you grant us and applicable hosts a worldwide, irrevocable, non-exclusive and royalty-free right to use, adapt, modify, publish, translate, distribute and display that content, in any form or media. Don't upload anything that violates someone else's rights or the law (see our Rules of conduct above).

Content moderation

Weโ€™re not responsible for what you or any other user posts, but we reserve the right to remove anything we find objectionable or that violates these Terms. If you see something wrong, let us know.

If you or any third party is aware of any breach of these Terms, you should immediately contact us.

Third-party links

Gather may include links to third-party websites or services that we donโ€™t own or control. Weโ€™re not responsible for the content, privacy policies, or practices of these third-party sites or services. By including those links, we are not endorsing the website, services, or the provider. You acknowledge and agree that we wonโ€™t be liable for any damage or loss caused by using or relying on any content, goods, or services available through these third-party sites. We suggest you read a third-partyโ€™s site terms and conditions before you use or rely on their content, goods, or services.

Termination

You may terminate your use of Gather by cancelling your account. If you are a host for a ticketed event, and you cancel your use of Gather before the event occurs, you are responsible and liable for either honouring the tickets purchased on Gather, and/or issuing a full refund to the ticket purchasers.

Without limiting any other right or remedy in these Terms, we may terminate your use of Gather on written notice to you.

Enforcement

Without limiting any other right or remedy that we may have, we can remove, suspend, edit, or restrict your access to Gather if we think youโ€™ve violated these Terms. This might include suspending or terminating your account without notice, taking legal action, or other measures.

Data security

We take data security very seriously and use a variety of measures to protect your information. While we strive to keep your data safe, no system is completely foolproof. For more details, please contact us at help@gather.rsvp.

Feedback and improvements

We love hearing from you! Any suggestions or feedback you provide are welcome. By sending us feedback, you give us the right to use it without any restrictions or compensation to you.

General provisions

If part of these Terms is found invalid, the rest will still apply. We may transfer these Terms or any part of them to someone else without your consent. You canโ€™t transfer your rights or obligations to anyone else without our written permission.

Dispute resolution

Got questions or issues? Contact our support team at help@gather.rsvp, and we'll try to help resolve them.

If we cannot resolve your dispute internally, you may have the right to take the matter to the Disputes Tribunal for claims within its jurisdiction.

If you have a dispute or issue related to an event, including relating to refunds or event delivery, you should contact the host directly (or if you are a host, the attendee directly).

Governing law and jurisdiction

Governing law: These Terms and any disputes will be governed by New Zealand law.

Entire agreement

These Terms set out everything agreed by the parties relating to your use of Gather and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to Gather that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

Contact us

For all inquiries, please reach out to us by email at help@gather.rsvp.