TERMS AND CONDITIONS OF TRADE
Beach Kidz Preschool Beach Programme Limited
Terms and Conditions of Trade
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.
2.1 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.
3.1 Payment: In order to confirm your booking you must pay your account on the due date set out in your invoice, at the time of booking if using credit card via our website or within 24 hours if you have booked via our website and elected to pay by bank deposit.
3.2 Website payments: Payments you make via our website are processed by Stripe and its global affiliates (“Stripe”).
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, without prejudice to any other rights or remedies available to us, simple interest at 1.5% per month will be payable upon demand and from the due date until payment.
4.2 Legal costs: You will indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which We may suffer or incur as a result of any failure by you to make due and punctual payment.
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 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.
7.1 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.
8.1 Website Access Terms:
(a) The purpose of this website is to provide information about us and our Service.
(b) We are not responsible if you rely on any information you access on or through our website. We are also not responsible for information provided by third parties that you may access on or through this website.
(c) We do not warrant or represent that our website will operate in a continuous or fault-free basis, will be completely secure or private all of the time, or will be free from viruses or other harmful features. However, we do take reasonable steps to avoid or mitigate these types of issues.
(d) The laws of New Zealand apply to the use of this website, and you submit to the non-exclusive jurisdiction of the Courts of New Zealand.
(e) If you continue to use our website you are deemed to have accepted these terms.
8.2 Website Copyright Statement:
(a) We either own the copyright in or have the right to use all text and images published on this website, and its overall design.
(b) You may download and print out any part of this website for your own personal use. However, you may not otherwise copy or use any information or material from this website (including for commercial purposes) without our express written permission.
(c) We only permit electronic links to pages of this website from which these terms can be accessed. You may not provide an electronic link to any other page of this website or to any other documents hosted on this website without our consent. We reserve the right to request that you remove an electronic link to this website at any time and you agree to remove such a link immediately.
(d) Where access to restricted parts of this website is subject to more specific terms, those terms apply instead.
8.3 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.
8.4 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.
8.5 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.
8.7 Electronic Communications: You consent to receive commercial electronic messages from Us. If you wish to opt out of receiving these messages tell us in writing and we will remove you from the mailing list.
Questions about the Terms of Trade should be sent to us at email@example.com