Terms and Conditions
Beach Kidz Preschool Beach Programme Limited
TERMS AND CONDITIONS OF TRADE
1. GENERAL
1.1 In these Terms and Conditions:
(a) “Agreement” means any order relating to the Services, and these Terms and Conditions.
(b) “We” or “Us” means Beach Kidz Preschool Beach Programme Limited and its successors and assigns.
(c) “You” means the person, firm, company or entity buying Services from us.
(d) “Services” means all Services we will supply to you under a proposal, order or invoice relating to active family and beach safety programmes.
2. PRICE
2.1 Price plus tax: You will pay the price indicated on the invoice, order form or other similar document issued by us (“Price”), together with the amount of any Goods and Services Tax or any other tax which may be payable in respect of the supply of Services or otherwise under these Terms and Conditions.
2.2 Quotation: Any quotation we have made for the supply of Services constitutes an invitation to treat and not a binding offer. All quotations lapse after 30 days but We reserve the right to change or withdraw any quotation without notice at any time.
2.3 No deductions: All payments by you will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.
2.4 Cancellations and refunds: At our discretion we may accept a cancellation and offer a refund or credit only in the following circumstances:
(a) Major illness of the child (a medical certificate to prove this must be supplied);
(b) Change of residence (documentation to prove chance of residence may be required).
An application for a refund or credit for the above reasons must be made in writing not more than 14 days after you have notified us of your inability to attend. We will be entitled to deduct an administration fee of $30 in the case of a refund.
3. PAYMENT
3.1 Website payments: Payments you make via our website are processed by Stripe and its global affiliates (“Stripe”). A 2.7% + .30 cent transaction applies per booking at the users cost.
4. PENALTY FOR LATE PAYMENT
4.1 Default interest: Failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and your booking will be cancelled.
5. PERFORMANCE OF THE SERVICES
5.1 Time: We undertake to use reasonable endeavours to deliver the Services at the time and place specified in your booking. However, problems with weather or water quality, or a government order may force us to relocate or reschedule your programme. We reserve the right to make any such changes. If changes to your booked programme are not suitable we may agree to a class, day and time change, credit or refund for the remainder of the programme at our discretion.
5.2 Services to be supplied: You acknowledge and agree that the Services are limited to those set out in the invoice, order form or other similar document issued by us.
6. OBLIGATIONS AND WARRANTIES
6.1 We warrant that:
(a) We have the right to enter into this Agreement;
(b) We will perform the Services to a reasonable standard of care and skill;
(c) We will perform the Services in accordance with relevant laws, including those relating to health and safety.
6.2 You agree to comply and ensure that the participating child complies with our reasonable instructions at all times while participating in our programmes. If you or the participating child disrupt a programme and/or cause health and safety concerns we may ask you to leave.
6.3 You warrant that you have provided us with all relevant medical information about the adult and child participating in the programme. If there is any change to the participants’ medical situations you agree to notify us immediately.
7. LIABILITY
7.1 Consumer Guarantees Act: As a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Those rights apply alongside these Terms and Conditions and are not affected by anything in this clause.
7.2 Limitation of liability:
(a) Claims: We will have no liability for unsatisfactory Services unless you notify us in writing of your claim within 7 days after performance of the Services;
(b) We will have the option, exercisable at our discretion, to replace or give credit for any services in respect of which any claim is made or proven or to refund a portion of the price paid for the Services, thereby fully discharging all our legal liability;
(c) We are not liable for any loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss. This includes matters arising from incomplete medical information under clause 6.3;
(d) Notwithstanding any other provision of this agreement, neither party will be liable for indirect, special, consequential or similar damages or losses, including but not limited to loss of profit or revenues or other financial or economic losses of any kind and whether or not the other party has been advised of the potential for such damages.
7.3 Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, act of God interfere with our performance of any of our obligations under these Terms and Conditions then we may at our sole discretion suspend our performance of any such obligation or cancel any contract for the purchase of Services and we will not be liable to you in any respect.
7.4 Waiver: These Terms and Conditions remain in force notwithstanding any neglect, forbearance or delay in enforcement. We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.
7.5 Severability: If any clause or provision of these Terms and Conditions will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.
7.6 Privacy Policy: Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements, by us or any successor organisation. This may include disclosure within our organisation and to other parties involved in performing the Services. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with the provision of the Services and any future like arrangement or arrangements. Because we use Stripe to process payments, you consent to and understand that your personal information may be sent to Stripe, and may be transferred, processed and stored outside of New Zealand.
7.7 Electronic Communications: You consent to receive commercial electronic messages from Us or from any successor organisation. If you wish to opt out of receiving these messages tell us in writing and we will remove you from the mailing list.
7.8 Our Web site may link to other Web sites and services from time to time. We will always attempt to associate with only the most trustworthy partners who share our high standards regarding privacy. However, once you have used these links to leave our site, we are not responsible for the content of and privacy practices of any other companies or web sites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
