STANDARD TERMS AND CONDITIONS

1. DEFINITIONS

In these Terms, the following words have the following meanings:

1.1 “Booking Period” means the specified booking type and duration selected by you and confirmed in your Sign Up Form.

1.2 “Business Day” means a day that is not a Saturday, Sunday or a public holiday in Tauranga, New Zealand.

1.3 “CGA” means the Consumer Guarantees Act 1993 as amended or replaced from time to time.

1.4 “Contract” means these Terms and the Sign Up Form.

1.5 “Force Majeure Event” means any event or cause beyond a party’s reasonable control including acts of God, fire, earthquake, extreme weather conditions, storm, flood, landslide, explosion, power failure, sabotage, civil disturbance, insurrection, epidemic or pandemic, national emergency or act of war.

1.6 "GST” means goods and services tax imposed under the Goods and Services Tax Act 1985.

1.7 "Music Equipment” means the equipment to be hired from us by you, being:

(a) 8 x The Beat Station student boxes, with each box containing 4 ukulele and 4 percussion instruments;

(b) 1 x The Beat Station teacher box, containing 2 tuning guns, 1 speaker (including a power lead), a supply of picks and teaching resources; and

with the quantities of the Music Equipment being specified in the Sign Up Form.

1.8 “Online Programme” means the online music programme we provide you access to on hiring the Music Equipment;

1.9 “Price” has the meaning given to that term in paragraph 3.1.

1.10 “Services” means all services to be provided by us to you including in relation to the transport, delivery, and removal of the Music Equipment.

1.11 “Sign Up Form” means the form you filled in our Website when you signed up for the Beat Station Programme.

1.12 “Site” means the premises where the Music Equipment is to be delivered.

1.13 “Terms” means these terms and conditions as updated by us from time to time in accordance with paragraph 2.2.

1.14 “The Beat Station Programme” means the Music Equipment, Online Programme and Services to be provided by us to you.

1.15 "we" "us" or "our" means The Beat Station Limited (company number 8947288), and its successors and assigns or any associated division, company, contractor, agent or employee.

1.16 “Website” means The Beat Station website which is found at https://www.thebeatstation.net.

1.17 "you" or "your" means the party to whom we are to provide The Beat Station Programme and includes those claiming under, or authorised by, you.

2. ACCEPTANCE

2.1 By completing the Sign Up Form and clicking accept to our Terms, you acknowledge that you have read, understood and agree to be bound by these Terms.

2.2 We may amend these Terms. We will notify you of any amendments in writing and such amendments will be effective from the date you accept the amendments, or the date you subsequently order The Beat Station Programme from us.

2.3 These Terms and the Sign Up Form make up the entire agreement between us.

3. PRICE AND PAYMENT

3.1 The price for The Beat Station Programme is as detailed in the Sign Up Form (unless otherwise amended in accordance with these Terms) (Price).

3.2 Unless otherwise expressly stated, all prices exclude GST imposed on or in relation to the Music Equipment and any freight and other charges arising from the delivery of the Music Equipment, which shall be paid by you in addition to the Price of the Music Equipment.

3.3 You agree to make all payments under these Terms to our nominated bank account within thirty (30) Business Days prior to the start of the Booking Period.

3.4 We may charge default interest at a rate of 12% per annum, compounding monthly, on any overdue amount. You will be liable for any costs incurred by us in recovering any overdue amount (including legal fees on a full indemnity basis).

3.5 We reserve the right to amend our price list at any time and will notify you 20 Business Days before the amended Price comes into effect.

4. CANCELLATION

4.1 To cancel The Beat Station Programme, you must notify us in writing at least two (2) calendar months’ prior to the start of the Booking Period.

4.2 You acknowledge and agree that if you cancel The Beat Station Programme after this time:

(a) within 40 Business Days of the start of the Booking Period, 50% of the Price is non-refundable (unless otherwise agreed at to our discretion); or

(b) within 20 Business Days of the start of the Booking Period, the full Price is non-refundable (unless otherwise agreed at our discretion).

4.3 If you opted in to our automatic renewal programme:

(a) you must notify us in writing at least two (2) calendar months prior to the renewal date (being the start of the Booking Period in the following calendar year); or

(b) within twenty (20) Business Days of receiving the updated price list and renewal reminder, whichever is later.

5. AUTOMATIC RENEWAL OF SUBSCRIPTION

5.1 If you selected to opt in to our automatic renewal programme, you authorise us to automatically renew your subscription at the end of the Booking Period and hold the same Booking Period for you in the following calendar year, unless you inform us in writing that you are cancelling in accordance with paragraph 4.3.

5.2 We will provide you with a reminder of the automatic renewal at least three (3) calendar months prior to the start of the held Booking Period and include an updated price list (if any) for the Services.

6. DELIVERY OF MUSIC EQUIPMENT

6.1 Delivery of the Music Equipment is taken to occur at the time we (or our nominated carrier) deliver the Music Equipment to the Site (Delivery), in which case unloading of the Music Equipment is your responsibility and at your risk.

6.2 You acknowledge and agree to unpack the Music Equipment in accordance with our unpacking instructions we provided to you when you signed up for the Services.

6.3 We shall use reasonable endeavours to ensure that Delivery of the Music Equipment is within the first two Business Days of the Booking Period (subject to you making payment of the Price). We will not be responsible for any loss or damage incurred by you as a result of Delivery being late.

6.4 In the event that you are not present at the time of Delivery, or refuse to take Delivery, our delivery docket is also evidence of Delivery, and you shall be liable to us for all costs incurred by us arising from such non-delivery (including costs of storage, additional freight, travel and demurrage).

7. RETURN OF MUSIC EQUIPMENT

7.1 On or before the last day of the Booking Period, you agree to repackage the Music Equipment in accordance with our packaging instructions we provided to you when you signed up for the Services.

7.2 Return of the Music Equipment will be completed when the Music Equipment is collected by us (or our nominated carrier) and transported to us (Return).

7.3 The Music Equipment must be collected by us (or our nominated carrier) on the final Business Day of the Booking Period (Collection Day).

7.4 In the event that you are not present at the Site or prepared for the Return of the Music Equipment on Collection Day, we are entitled to charge you an additional rate of $100.00 (NZD) per day until the Music Equipment is collected and Returned to us.

8. MUSIC EQUIPMENT

8.1 The Music Equipment we supply may not be in new condition but will be in good working order and fit for use for its intended purpose at its stated capacity at the start of the Booking Period.

8.2 If, within 2 Business Days of delivery of the Music Equipment to the Site, you notify us in writing that any or all of the Music Equipment is not in good working order or fit for its intended purpose, we will use reasonable efforts to replace the affected Music Equipment at no additional cost. If you do not notify us otherwise within 2 Business Days of delivery of the Music Equipment to the Site, you are deemed to acknowledge that the Music Equipment has been supplied in good working order and fit for use for its intended purpose.

8.3 You agree to only use the Music Equipment for its intended purpose and handle the Music Equipment in accordance with the care instructions set out in the Online Programme.

9. RISK AND OWNERSHIP OF MUSIC EQUIPMENT

9.1 Risk in the Music Equipment passes to you during the Booking Period. During the Booking Period you are liable for any damage, destruction, theft or loss of the Music Equipment. You agree to immediately notify us of any damage, destruction, theft or loss of the Music Equipment and assist our inquiries into the damage, destruction, theft or loss (including filing a police report).

9.2 If Music Equipment is unreturned or damaged beyond repair, we will invoice you for the full replacement value of the affected Music Equipment provided that the cost to us of replacing the Music Equipment is or is greater than $100.00 (NZD). If Music Equipment is returned damaged but repairable, we will invoice you for the cost of repair of the affected Music Equipment provided that the cost to us of replacing the Music Equipment is or is greater than $100.00 (NZD). Any invoices issued under this paragraph 9.2 are payable within 5 Business Days from the date of invoice.

9.3 Title in, and ownership of, the Music Equipment remains ours at all times (including during the Booking Period). You agree to:

(a) not sell, assign, mortgage, lend, register a security over or otherwise deal with or part with possession or control of the Music Equipment;

(b) not deface, interfere with, alter or make any additions to the Music Equipment; and

(c) permit us (and our agents) at any time without notice to enter all properties and premises at which we believe the Music Equipment is being kept, to inspect, remove or take possession of the Music Equipment and you agree to indemnify us in respect of any claims, damages or expenses arising out of any such action taken.

10. INTELLECTUAL PROPERTY

10.1 All intellectual property rights including (but not limited to) patent rights, registered designs, copyright, and all drawings, specifications and other technical information, contained within the Online Programme, the Music Equipment or any document produced by us, or arising out of performance of any contract by us, remain vested in us.

10.2 You must not reproduce, copy, distribute, store or in any other fashion (for any other purpose) re-use the Online Programme or directly or indirectly permit a third party to do so. You acknowledge that all materials related to the Online Programme remain our property, and you will not assert any rights or claims over them.

10.3 You agree not to download, reproduce, or allow any third party to access or copy any part of the Online Programme.

11. RIGHT TO TERMINATE

11.1 Without prejudice to any other remedies available to us at law or under these Terms, we may suspend or terminate the supply of The Beat Station Programme to you, or any part thereof, without liability if at any time:

(a) you breach any obligation under these Terms (including those relating to payment);

(b) you become bankrupt, insolvent, a receiver is appointed in respect of your assets, an arrangement with your creditors is made or you cease or threaten to cease carrying on business, or any similar event occurs.

11.2 On termination under paragraph 11.1, the Price is non-refundable and the Music Equipment must be returned to us immediately.

11.3 You agree to indemnify and keep us indemnified against any cost, loss, damage or claim incurred by us in connection with your breach of these Terms.

12. CONSUMER GUARANTEES ACT

12.1 If you are a consumer (as defined in the CGA) these Terms do not limit or exclude any rights you have under the CGA in respect of The Beat Station Programme. Where you are acquiring The Beat Station Programme in trade, you agree to contract out of the CGA so that the CGA will not apply and you agree that it is fair and reasonable that such provisions are contracted out of.

13. LIABILITY

13.1 Subject to paragraph 12, our liability for any defective Music Equipment or any cost, loss, damage or claim arising directly or indirectly in relation to The Beat Station Programme or in relation to these Terms, whether arising under contract, tort (including negligence), statute or otherwise, is limited to any amounts paid by you for The Beat Station Programme affected. Subject to paragraph 12, we are not liable to you for any indirect loss, consequential loss, special loss, loss of profits or economic loss.

13.2 Notwithstanding paragraph 13.1, we shall not be liable for any injury, damage, loss, or expense arising from the use, movement, or handling of the Music Equipment, including but not limited to any damage to persons, or property. You acknowledge and accept full responsibility for the use of the Music Equipment and agree to take all necessary precautions to ensure the safe handling and operation of the Music Equipment. We make no representations or warranties as to the safety, fitness, or suitability of the Music Equipment for any particular use, and disclaim any and all liability for any accidents, incidents, or injuries that may occur in connection with its use, regardless of circumstances.

13.3 You agree to indemnify us from and against all actions, claims, losses, damages, liabilities, and costs (including legal costs on a full indemnity basis) arising out of or in connection with any injury, damage, or loss caused by the use, movement, or handling of the Music Equipment by you or any third party given access to the Music Equipment by you whether directly, or indirectly.

14. WARRANTIES

14.1 Subject to paragraph 12, warranties implied by customary practice, statute or at law are excluded. We make no representations in respect of The Beat Station Programme other than that set out in paragraph 8.1.

15. FORCE MAJEURE

15.1 Neither of us will be liable to the other for any delay or non-performance of its obligations under these Terms where caused by a Force Majeure Event provided the affected party has taken all reasonable steps to minimise any loss, damage or delay resulting from the Force Majeure Event.

16. PRIVACY

16.1 We collect personal information from you, including your name, contact details and billing information. We collect your personal information in order to provide you with The Beat Station Programme, for business administration and debt collection purposes. Besides our staff, we may share this information with our professional advisors and debt collection agencies. You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at info@thebeatstation.net.

17. CONFIDENTIALITY

17.1 Each party will keep confidential and not disclose the other party’s confidential information except where required to perform its obligation under these Terms, or where required by law.

18. DISPUTES

18.1 If either of us has any dispute with the other arising in connection with these Terms the party that considers there is a dispute will promptly give notice of the dispute to the other party and both parties will attempt to resolve the dispute in good faith. If the dispute is unable to be resolved through good faith negotiations within 10 Business Days of receiving notice of the dispute, then either party may refer the dispute to mediation before a single mediator agreed on by the parties. If the parties fail to agree on a mediator within 10 Business Days of the date that a party gives notice referring the matter to mediation, the mediator will be appointed by the then president of the New Zealand Law Society (or his or her nominee). All discussions in mediation will be without prejudice and may not be referred to in any subsequent proceedings. The parties will bear their own costs of legal representation, but costs of mediation will be shared equally unless agreed otherwise in writing. If the parties do not reach a resolution through mediation, either party may refer the dispute to the courts. This paragraph 18 will not prevent any party from applying to a court for urgent interlocutory relief.

19. MISCELLANEOUS

19.1 No alteration or variation of these Terms will be binding on us unless agreed to by us in writing.

19.2 Failure by us to enforce any these Terms will not be deemed to be a waiver of any of the rights or obligations we have under these Terms.

19.3 If any provision of these Terms is invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions will not be affected.

19.4 You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms on notice to you.

19.5 These Terms are governed by New Zealand law and are subject to the non-exclusive jurisdiction of the courts of New Zealand.