Effective Date: August 15, 2023
Welcome to https://www.pinotandpicasso.nz/ (Site).
CONSENT TO SITE AND EVENT TERMS
By accessing and using our Site, Studios or our social media channels and any other materials made available to you or provided to you on our Site (whether available for purchase or not), you warrant that you:
- are over 18 years of age and have the legal capacity to enter into a legally binding contract;
- have read and accepted these Terms; and
- will comply with these Terms.
If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us via email@example.com before proceeding with any purchase or booking. If at any time you choose not to accept these Terms, you should not use our Site or access our Studios.
CHANGES TO THESE TERMS
We reserve the right to change or modify our Site and these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site, products, services and content. If at any time you choose not to accept these Terms, you should not use our Site.
Your continued use of our Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you.
EVENT DETAILS AND REGISTRATION
All upcoming Event Details and ticket prices (“Event Fees”) are as listed on our Site including whether the event is suitable for under 18s, Family Friendly, features any Modelling or other specific details. You may register to participate in an Event by completing the Booking Registration Form and paying the Event Fees as advertised. Please note Events have limited capacity and bookings are accepted on a first in best dressed basis.
You agree to provide accurate, current and complete information about yourself as requested or directed, and to promptly update this information to maintain its accuracy. We reserve the right to refuse to allow you to participate in the Event if we suspect that such information is inaccurate.
For any event advertised as suitable for under 18s, rostered P&P Staff will be required to hold a valid working with Childrens Card or state equivalent.
Unless otherwise stated your Event Fees will include entry to the specified Event for 1 person.
We are unable to provide childminding services at our Events so kindly ask that parents and guardians remain to supervise their children for the duration of the Event.
We are not responsible for any additional expenses you may incur to participate in any of our Events this includes but is not limited to accommodation, food, beverages, travel unless it is expressly included in the Event Fee.
CREATING AN ACCOUNT
To place orders and access some features of the Site, you may need to register an account. This means you will have to give us accurate information, including your name, your business name, address, a valid email address and telephone number, and you must be at least 18 years old. You warrant that any information you provide during the account setup process is correct at the time you provide the information and that you will update information should there be any changes. You will remain solely responsible for the activity that occurs on your account (including orders placed on your account), so keep your account password secure.
We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
As part of any Event and on our Site, you will have access to intellectual property owned by us and/or by third parties that licence the content to us (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as artwork, business names, logos, images. designs, text, videos, audio files, graphics, other files, and software (“Content”). Your participation in an Event, access to and use of our Site, products (including digital products), services and Content does not grant or transfer any rights, title or interest to you in relation to any of the above.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, products, services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent.
We reserve the right to immediately remove your access to our Site, products, services, and Content, without refund, if you are found to be violating these Terms.
Where you download or purchase our Digital Products (including checklists, guides, ebooks, workbooks, video or audio content), you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including Digital Products) in any manner whatsoever except as authorised by us.
PRICES AND PAYMENT
All prices are in New Zealand Dollars (NZD) and are inclusive of any New Zealand Goods and Services Tax (GST) (as applicable) unless specified otherwise. The prices indicated on the Site may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order is validated.
We reserve the right at any time to modify or discontinue a product, event or service or its pricing without notice at any time. We shall not be liable to you, or to a third party, for any modification, price change, suspension or discontinuance of the product or service.
We may from time to time provide discounted products and/or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We accept the following payment methods for products, services or event bookings made via our Site:
- Credit Card (Visa, Mastercard, American Express)
We accept the following payment methods for products, services or event bookings made in-studio:
- Credit Card (Visa, Mastercard, American Express)
By making a purchase through our website or in-studio, you agree to receive email and SMS notices. You can unsubscribe at any time by clicking “Unsubscribe” at the bottom of the newsletter email, or by emailing us at firstname.lastname@example.org.
Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to our products or services or refuse entry to an event.
Gift Cards are non-refundable and can only be used prior to their expiry date. Expiry is 3 years from issue date.
Gift cards are delivered via email and contain instructions on how to redeem online through our checkout. Our gift cards are not a physical product.
‘Exclusive’ gift cards can only be used at the studio they were purchased for. ‘Exclusive’ gift cards cannot be transferred to another studio. Gift Cards purchased prior to 29th May 2020 are classed as ‘Exclusive’ gift cards.
‘Flexi’ gift cards can be redeemed at any studio. Please choose the studio carefully as ‘Flexi’ gift cards cannot be reissued once they have been redeemed. In the event a session is cancelled or rescheduled, the funds can only be reissued as an ‘Exclusive’ gift card (subject to cancellation/rebooking fees).
Gift cards cannot be used to purchase an Art Box.
Pinot Guarantee does not apply to gift cards.
Gift cards are not redeemable for cash. You cannot obtain any cash advance with your Gift Card or receive any portion of the remaining Gift Card Value in cash. Gift Cards cannot be purchased using a promotional discount or coupon codes.
CANCELLING OR RESCHEDULING
Cancellation of session by Pinot & Picasso
We reserve the right to postpone or cancel a public (ticketed) event for any reason. In the event a public (ticketed) event is cancelled by Pinot & Picasso, the ticket purchaser will be notified via email or text message no later than 24 hours prior to their session scheduled start time. Ticket purchasers will be offered tickets to another upcoming session, credited the value of their purchase for future use or a refund.
Where a Force Majeure event (including a Government mandated closure of our studio), necessitates that any session is cancelled or postponed, you acknowledge that we will not be responsible for any loss or damage incurred as a result. We will however, as a gesture of goodwill:
- offer tickets to another upcoming session;
- credit the value of the purchase for future use; or
- provide a flat $10 refund fee per transaction will be applied to cover transaction, web and administration costs
You acknowledge that we are not responsible for any breach of a third-party contract or any supplier contract to the events, including to the extent that this means that any part of the event may not proceed (for example an entertainer is unable to attend).
Public (ticketed) events
Bookings can be cancelled or rescheduled for $25 non-negotiable fee* per transaction up to 48-hours before a scheduled session time.
If cancelling or rescheduling within that 48-hour window, a $25 non-negotiable fee* per ticket will be applied.
Grazing boards cannot be rescheduled or cancelled within the 48-hour window.
If cancelling or rescheduling a session within this 48-hour window, the cost of the grazing board will be forfeited. For bookings of 6+ tickets, there will be a $25 non-negotiable fee per ticket to cancel or reschedule at any time.
When rescheduling, the customer will need to choose the next most convenient session date that is available or Pinot & Picasso can provide a credit towards a future booking (minus the rebooking fee).
Important: we are very strict on ‘no shows’. If a customer does not show up for the class, we’ll still charge the full amount. We are unable to refund, reschedule or provide credit for a missed session.
*Unless the Pinot Guarantee is purchased at time of booking.
*Pinot Guarantee cannot be used to reschedule/cancel after the session has already commenced.
Private function events
If the full amount has been paid & there is more than 2 weeks before the session date, we can reschedule your private function to another date that is suitable for yourself & also the Pinot & Picasso studio.
We are unable to refund or reschedule private functions within the 2 weeks before your session date. The full amount will be forfeited. We hope this never has to happen.
Pinot Guarantee does not apply to Private Functions. If you have accidentally purchased it with your Private Function, we are more than happy to refund the Pinot Guarantee fee at your request.
REFUNDS OR EXCHANGES
Where you have paid a deposit for an event (including Private Function deposits) you acknowledge and agree that it is fair and reasonable that this payment is non-refundable and non-transferable regardless of whether the event goes ahead.
The Event Fees are non-refundable except as set out in these Terms, otherwise as required by law or at our sole discretion. Nothing in these Terms is intended to modify or otherwise affect your statutory rights under consumer laws or any other applicable legislation.
You acknowledge that you do not obtain the right to a refund where you have changed your mind or you have breached these Terms before or during an Event or you insist on our services being performed in a way that is against our advice.
To process a return, contact must first be made to the Head Office regarding the return. A refund or exchange must first be approved and will not be processed until the goods are received and inspected. Proof of faulty items must be received before a refund or exchange can be processed. Eligible returns must be in new, undamaged condition unless faulty. Pinot & Picasso will not reimburse postage costs. Gift Cards cannot be used to purchase an Art Box.
Refunds on In-Studio Purchases
Please be careful when making a purchase in the studio as refunds cannot be given on site and can only be processed through our head office. Our head office operating hours are Monday-Friday 9:00am – 5:00pm. If you require a refund please email email@example.com.
Transfer of tickets between Franchisee entities
Pinot & Picasso is a franchisee business. Tickets cannot be transferred between Pinot & Picasso entities including the Art Box. Gift Cards purchased prior to 29th May 2020 or ‘Studio Exclusive’ gift cards are purchased for the selected studio and cannot be transferred to another Pinot & Picasso entity.
Pinot Guarantee costs $4.95 per ticket.
The Pinot Guarantee:
- Provides customers with the option to reschedule or cancel tickets at any time prior to the session commencing.
- Allows 1 free change before normal rebooking fees are incurred.
- Waives the $25 fee for rescheduling and cancelling tickets.
- Must be purchased at the time of booking.
- Doesn’t allow for grazing boards to be rescheduled or cancelled within 48-hours of the session commencing. The cost of the grazing boards will then be forfeited.
- Doesn’t apply to private functions.
- Doesn’t allow for reschedules after the session has already commenced.
- Doesn’t apply to Gift Cards (purchases of Pinot Guarantee on a Gift Card can be reimbursed)
- For cancellations with the Pinot Guarantee, the full amount of tickets minus the Pinot Guarantee cost will be refunded.
Where you download or purchase our Digital Products, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right to refuse to provide the products to you at any time for any reason.
After payment for your Digital Product has been confirmed, you will have the option to download it and all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the Digital Product after it has been downloaded.
Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.
REFUNDS FOR DIGITAL PRODUCTS
Due to the nature of Digital Products, any orders received and processed have a strict no refund policy. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will send the correct Digital Product or a revised download link at no extra cost.
COMPETITIONS, PROMOTIONS & DISCOUNT CODES
We may from time to time run competitions through our Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each promotion or competition.
Our current promotions can be found HERE.
INFORMATION AND ADVICE
During our Events and on our Site, content, including digital products, blog articles, and other information will be disseminated that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Site or through our products and/or services.
We do not accept responsibility for determining whether our products and/or services are appropriate for you. We reserve the right to deny service and refund the cost of that product and/or service for any reason, including where we believe that the product and/or service would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.
Any reference to other products or services, programs, courses, processes or other information appearing on our Site does not constitute or imply our endorsement, sponsorship or recommendation in any way.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of our Site, you may be invited to submit a review, and you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you!
Where you do decide to submit such feedback or comments, you:
- warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions);
- give us permission to post or otherwise use that feedback on our social media or other channels;
- waive any and all existing and future moral rights (as defined in the Copyright Act 1994 (the Act) in the content you provide us with;
- warrant that any content provided does not violate these Terms; and
- warrant that you are at least 18 years old.
We reserve the right to remove a review or comment if such review or comment contains:
- libellous or otherwise unlawful, abusive or obscene material;
- personal attacks on our employees or another contributor;
- material that discloses your personal information; or
- Information that is unrelated to the post or content that you have reviewed or commented on.
Our Site and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.
On our Site, we may present real-life examples of and insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible, but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results.
Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.
LINKS TO OTHER WEBSITES
PROHIBITED USE OF THIS SITE
In addition to any other prohibitions, you must not, under any circumstances, use the Site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, or state regulations, rules, laws, or local ordinances;
- to attempt to change, remove, deface, hack or otherwise interfere with our Site or any material or content displayed on the Site;
- to hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
- to infringe upon any other person’s proprietary rights;
- to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- to attempt to affect the performance or functionality of any computer facilities of or accessed through our Site.
PROHIBITED CONDUCT AT EVENTS
Please refer to our Conditions of Entry.
WARRANTIES AND DISCLAIMERS
You agree that accessing our site or attending any of our Events is done so at your own risk.
No oral advice or written information given by Pinot & Picasso nor its affiliates, nor any of their officers’ directors, employees, agents, providers, or the like, shall create a warranty or legal obligation; nor shall the purchaser rely on any such information or advice.
Except as set out in these Terms, this Site and our Events are provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or our products or services including that:
- they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
- access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
- there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for:
- any third party content, including advertising and sponsorships, that may be presented at the Event;
- Cancellations, postponements, or other changes to the Event that may be required due to unforeseen circumstances;
- any misrepresentation or inaccurate information provided by third-party vendors, sponsors, or other participants in the Event; or
- any losses or expenses, however arising, including, without limitation, any direct, indirect and/or present, unascertained, future or contingent loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your attendance at or participation in our Events or access to our Site or inability to access our Site or Events , interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date.
Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Consumer Guarantees Act 1993.
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, sponsors, guest speakers and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Site or attending our Events in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
Where you elect to enter into a one-on-one arrangement with us including accessing a promotion or discount, we will issue you with Additional Terms that incorporate terms and conditions separate to these Terms. These Additional Terms will form the basis of your arrangement with us and will operate in conjunction with these Terms. To the extent that the Terms are inconsistent with the Additional Terms, the Additional Terms will prevail.
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated:
- where you breach any provision of these Terms; or
- at any time by us, without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
We are committed to your enjoyment of and satisfaction with our Events. Should you have any concerns or be dissatisfied in any way, please contact us via firstname.lastname@example.org and include:
- your name;
- the email address you used to register for the Event;
- details of your concern or complaint;
- details of what you would like us to do to resolve the matter; and
- copies of any relevant correspondence.
We will acknowledge your complaint within 5 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.
Without limiting either party’s rights, each party agrees not to disparage the other or provide negative feedback in a public forum (such as social media or an online review platform) at any time during or following our Events. Where one party is dissatisfied, the issue must be dealt with by contacting the other party and discussing the issue in good faith and/or via arbitration or mediation as set out above under “COMPLAINTS”.
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms will remain in full force and effect.
CEASING OR EXCLUDING ACCESS TO OUR WEBSITE OR EVENTS
We have the right to discontinue our Site or Events. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site or attending future Events at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Site, including but not limited to any consent you provide to receive communications from us. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of New Zealand. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of New Zealand.