Terms and Conditions

Overview & Acceptance

These terms and conditions (the “Terms”) govern the use of www.frolicevents.co.nz (the “Site”). This Site is an event business website and is owned and operated by Sean Galdemen (Frolic Events).

The Site may also include or reference technical and web services provided by MCL Web Solutions (Mclelland Contracting Limited), who support and manage the website and related digital services.

By accessing or using this Site, you confirm that you have read, understood, and agree to be bound by these Terms at all times. If you do not agree with any part of these Terms, you should not use the Site.

Intellectual Property

Unless otherwise stated, all content published or made available on this Site is the property of Sean Galdemen and/or the Site’s creators. This includes, but is not limited to:

• Images, race and event artwork, and other imagery;
• Text, copy, and written content;
• Logos, branding, and graphics;
• Design, layout, and user interface elements;
• Documents, downloadable files, and other materials that contribute to the composition of our Site.

You may not reproduce, distribute, modify, or publicly display any content from the Site without prior written permission, except as allowed by applicable law or as necessary for normal use of the Site (for example, viewing pages in your browser).

Acceptable Use

As a user of our Site, you agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Site.

You agree that you will not:

• Use the Site in any way that is fraudulent, malicious, or unlawful;
• Violate the intellectual property rights of the Site owners or any third party to the Site;
• Act in any way that could be considered fraudulent or misleading;
• Attempt to gain unauthorized access to the Site, its servers, or any related systems;
• Upload or transmit malware, malicious code, or content intended to disrupt the Site’s operation;
• Use the Site to harass, abuse, or harm another person or organisation.

If we believe you are using our Site illegally or in a manner that violates these Terms, we reserve the right to limit, suspend, or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Sale of Goods and Services (Frolic Events)

These Terms govern the sale of goods and services available on our Site.

Goods available on our Site may include (but are not limited to):

• Clothing and branded merchandise;
• Race entry tickets and related event products.

Services available on our Site may include:

• Ultra marathon running event(s) and related event services.

Unless otherwise stated, services will be paid for in full at the time the services are ordered or entry is purchased. These Terms apply to all goods and services that are displayed on our Site at the time you access it, including products listed as being out of stock.

All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject, or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments

Where our goods or services require payment, we may accept the following methods (subject to change):

• Credit card;
• Debit card;
• Direct debit / bank transfer or similar methods;
• Cash (for in‑person transactions, where applicable).

When you provide us with your payment information, you confirm that you are authorized to use the selected payment method and authorise us (and our payment processors, where applicable) to charge the full amount due for the agreed goods or services.

If we reasonably believe your payment has violated any law or these Terms, we reserve the right to cancel or reverse your transaction and/or suspend related services.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

• Standard delivery by post (estimated delivery time 5–7 business days within New Zealand or as otherwise stated at checkout).

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You may be required to pay delivery charges in addition to the price for the goods you purchase.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Consumer Protection & Applicable Law

Where the New Zealand Consumer Guarantees Act 1993, the Contract and Commercial Law Act 2017, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms will not limit your legal rights and remedies under that legislation.

These Terms will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites

Our Site may contain links to third‑party websites or services that we do not own or control. These links are provided for convenience and informational purposes only.

We do not control, endorse, or assume responsibility for the content, policies, or practices of any third‑party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third‑party websites before using those sites.

Limitation of Liability

To the fullest extent permitted by law, Sean Galdemen, Frolic Events, MCL Web Solutions, and any associated personnel, directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, or expenses (including legal fees) arising out of or in connection with:

• Your use or inability to use the Site;
• Any reliance placed on information contained on the Site;
• Interruptions, errors, or omissions in the operation of the Site;
• Any unauthorised access to or alteration of your transmissions or data;
• Your purchase or use of any goods or services from the Site.

This limitation applies to all types of loss or damage (whether direct, indirect, incidental, consequential, or otherwise), except where prohibited by law.

Indemnity

Except where prohibited by law, by using this Site you agree to indemnify and hold harmless Sean Galdemen, Frolic Events, MCL Web Solutions, and our respective directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of:

• Your use of the Site;
• Your breach of these Terms;
• Your violation of any applicable law or the rights of a third party.

Governing Law, Severability & Changes

Governing law:

These Terms and any disputes arising out of or in connection with them are governed by the laws of New Zealand, without regard to conflict of law principles.

Severability:

If at any time any of the provisions set forth in these Terms are found to be inconsistent with or invalid under applicable laws, those provisions will be deemed void and will be removed or limited to the minimum extent necessary. All other provisions will remain in full force and effect.

Changes to these Terms:

We may amend these Terms from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. When we update the Terms, we will revise the Effective Date at the top of this page. Continued use of the Site after changes are posted constitutes your acceptance of the updated Terms. Where appropriate, we may also notify users by email or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns about these Terms or the Site.

• Name (Frolic Events): Sean Galdemen
• Phone: (64) 28 414 3224
• Email: rockys@outlook.co.nz
• Address: Belk Rd, Omanawa, Tauranga 3171, New Zealand

For website and technical matters relating to this Site, you may also contact:

• Name (MCL Web Solutions): Brendan Mclelland
• Phone: (02) 199-6820
• Email: admin@mclwebsolutions.com
• Address: 47 Orion Drive, Welcome Bay, Tauranga 3112, New Zealand

You can also contact us through any feedback or contact forms available on the Site.