terms & conditions

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Terms & Conditions - Quick & easy version

The words below have meanings.

  • Site (referred to as either “the Site”, “My”, “We”, “Us”, “Our” or “BCS” in this Agreement) refers to Ben’s Cookery School
  • Country refers to New Zealand
  • Service refers to this website and any physical classes
  • Terms and Conditions (also referred to as “Terms“) mean these Terms and Conditions that form the entire agreement between You and us regarding the use of the School
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service
  • Website (also referred to as the ‘Site‘) refers to cook.fernmoor.com, accessible from https://cook.fernmoor.com
  • You means the individual accessing or using our website, or our site, or other legal entity on behalf of which such individual is accessing or using our website, as applicable
  • Marketplace offerings means the courses, classes and any products we sell
  • Venues refers to the kitchens where our classes are held
  • These Terms form a legally binding agreement between you and us
  • If you use the site then you agree with these terms
  • If you don’t agree with the terms please don’t use our site
  • The Site is for users who are at least 13 years old
  • We shall not be responsible for any loss, damage, delay, or failure to act by any cause beyond our reasonable control
  • You may not access or use the Site for any purpose other than that for which it was intended
  • If you don’t use the site correctly you will be prevented from using it
  • We have no control over, and assume no responsibility for, the content of any third party web sites
  • We do our best to ensure the information on our site is correct and current but we cannot promise this and are free to make changes at any time
  • Our venues also have their own Terms & Conditions. In the event of a contradiction between these Terms – those of the venue always take priority.

We care about your data privacy and security and take it seriously. Please see our Privacy Policy found at cook.fernmoor.com/privacy-policy/

By using our site you agree to be bound by our Privacy Policy, which is incorporated into our Terms and Conditions.

We own all the website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos on the Site – you must not use them.

 

 

 

  • We take our responsibilities seriously and observe any applicable laws of New Zealand
  • We take our responsibility for your safety seriously and always promote safe working practices but there will be times when accidents do happen. You will be cooking using sharp knives and various pieces of kitchen equipment. It is very likely you will receive cuts and minor injuries. We accept no responsibility for these injuries.
  • In general, the amount you spend on a booking will be the limit of any compensation we pay you
  • We make every effort to accurately describe our classes however, we do not guarantee 100% accuracy.
  • All courses are subject to availability on a ‘first-come-first-served’ basis
  • You only have a place on a course if you have paid in full.
  • An ‘expression of interest’  does not entitle you to a place on a course.
  • We reserve the right to discontinue or change any class at any time for any reason.
  • Course fees are subject to change at any time without notice.
  • If we cancel or postpone a class you will have the option of a full refund or credit note for a booking.
  • Once you have booked and paid for a class an email confirmation will be sent to you.
  • You will usually be asked to supply ingredients and/or equipment
  • Some of our classes offer students the facility to pre-pay for ingredients (to be supplied by us) at the time of booking. These will be at an additional cost.
  • We expect students to arrive for each class ahead of the start time; maintain the highest of hygiene standards and be kind, courteous and respectful to others attending the course
  • Our School uses external kitchen venues for its courses – these have their own Terms & Conditions.
  • Accessibility: We will make every effort to ensure all our kitchen venues are wheelchair friendly.
  • We will do our best to cater for additional learning needs (such as ASD, dyslexia etc). Please let us know how we can help at time of booking. Carers always have a free place!
  • Some classes may not be suitable for people with food allergies, special or religious diets – this information is provided on each course plan.
  • You must use true, accurate, current, and complete information when you provide details to us
  • You agree to keep your password confidential and look after your account correctly
  • You may add comments to our site but there are strict rules surrounding these – be sensible
  • You can pay by Visa and MasterCard
  • All payments shall be in NZ dollars
  • We may correct any errors or mistakes in pricing, even if we have already requested or received payment.
  • We don’t give refunds, credits or transfers for classes missed, cancelled or not attended by you.
  • However, refunds may be made in exceptional circumstances at our sole discretion and on an individual basis.
  • We do have certain legal obligations under the Consumer Guarantees Act which we do honour and you should make yourself aware of these.
  • For queries about refunds, please contact us at cook@fernmoor.com
  • We may cancel your use of and participation in our school and website at any time without notice
  • You may close your account and subscription at any time. If you decide to cancel a course booking no refund will be given. Note that your personal information will be treated in accordance with our privacy policy.
  • If You have any concern or dispute about our Service, You agree to first try to resolve the dispute informally by contacting us.
  • If either party is unable to resolve a dispute through informal negotiations, the dispute will be forwarded to the Disputes Tribunal of New Zealand.

For any queries regarding our Terms & Conditions please contact us at cook@fernmoor.com

Terms & Conditions - Full version

The words below have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

  • Site (referred to as either “the Site”, “My”, “We”, “Us”, “Our” or “BCS” in this Agreement) refers to Ben’s Cookery Site
  • Country refers to New Zealand
  • Service refers to this website and any physical classes
  • Terms and Conditions (also referred to as “Terms“) mean these Terms and Conditions that form the entire agreement between You and us regarding the use of the Service
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service
  • Website (also referred to as the ‘Site‘) refers to cook.fernmoor.com, accessible from https://cook.fernmoor.com
  • You means the individual accessing or using our website, or our site, or other legal entity on behalf of which such individual is accessing or using our website, as applicable
  • Marketplace offerings means the courses, classes and any products we sell
  • Venues refers to the kitchens where we hold our classes

Venues

The venues and kitchens we use for our classes also have their own Terms & Conditions. In the event of a contradiction between these Terms – those of the venue always take priority.

Agreement To Terms

These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Ben’s Cookery Site (“BCS”, “we”, “us”, or “our”), concerning your access to and use of cook.fernmoor.com as well as any other media form, media channel, mobile web site or mobile application related, linked, or otherwise connected thereto and any of the physical classes (collectively, the “Site”).

Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference.
You agree that by accessing the site, you have read, understood, and agreed to be bound by all of these Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 13 years old. Persons under the age of 13 are not permitted to use the site or register for classes.
These Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them.

Prohibited Activities

You may not access or use the site for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the site, you agree not to:

  1. Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  3. Use the site to advertise or offer to sell goods and services.
  4. Circumvent, disable, or otherwise interfere with security-related features of the site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the site and/or the Content contained therein.
  5. Engage in unauthorized framing of or linking to the site.
  6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  7. Make improper use of our support services or submit false reports of abuse or misconduct.
  8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  10. Attempt to impersonate another user or person or use the username of another user.
  11. Sell or otherwise transfer your profile.
  12. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  13. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
  14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  15. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  17. Delete the copyright or other proprietary rights notice from any Content.
  18. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  20. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  23. Use the Site in a manner inconsistent with any applicable laws or regulations.

 

Site Management

We reserve the right, but not the obligation, to:

  1. monitor the Site for violations of these Terms;
  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  4. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  5. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the marketplace offerings;

 

Outgoing Links

Our site may contain links to third-party web Sites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web Sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web Sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web Sites or services that You visit.

Incoming Links

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses;

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s Site.

We may consider and approve all other link requests if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of fernmoor.com; and (d) the link is in the context of general resource information.

If you are interested in linking to our website, you must inform us by sending an e-mail to cook@fernmoor.com. Please include your name, your organization name, contact information as well as the URL of your Site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our Site to which you would like to link.

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

We shall not be held responsible for any content that appears on your Website.
Removal Of Links

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Modifications And Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms.

If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates.
You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or our classes.

We cannot guarantee access to the will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or our courses at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or our courses during any downtime or discontinuance of the Site.

Nothing in these Terms will be construed to obligate us to maintain and support the Site or our courses or to supply any corrections, updates, or releases in connection therewith.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to our classes, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Governing Law

The laws of New Zealand shall govern these Terms.

We care about your data privacy and security. A privacy policy outlines your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our service. It can be found at cook.fernmoor.com/privacy-policy. By using our Site you agree to be bound by our Privacy Policy, which is incorporated into our Terms and Conditions.

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of New Zealand, and international conventions.


The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.


Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

We take our responsibility for your safety seriously and always promote safe working practices but there will be times when accidents do happen. You will be cooking using sharp knives and various pieces of kitchen equipment. It is very likely you will receive cuts and minor injuries. We accept no responsibility for these injuries.

Notwithstanding any damages that You might incur, the entire liability of the School and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You to the School.

To the maximum extent permitted by applicable law, in no event shall the School or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the School, third-party software and/or third-party hardware used with the site, or otherwise in connection with any provision of this Terms), even if the School or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of our School. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

Booking a place

We make every effort to accurately describe the classes and courses we offer at the School. However, we do not guarantee that all the features and details of the classes will always be accurate, complete, reliable, current, or free from errors.

All courses are subject to availability – places are limited on each class and bookings are confirmed on a ‘first-come-first-served’ basis once full payment has been received. Please book early to avoid disappointment.

Your sending an ‘expression of interest’ request to us does not in any way guarantee you a place on a course. When you submit an ‘expression of interest’ request you will be put on a waiting list in case a place becomes available.

We reserve the right to discontinue or change any class at any time for any reason. Course fees are subject to change at any time without notice.

If we cancel or postpone a class you will have the option of a full refund or credit note for a booking.

Once you have booked and paid for a class an email confirmation will be sent to you.

Our Venues

Our School uses external kitchen venues for its courses – these have their own Terms & Conditions.

We will make every effort to ensure all our kitchen venues are wheelchair friendly.

We will do our best to cater for additional learning needs (such as ASD, dyslexia etc). Please let us know how we can help at time of booking. Carers always have a free place!

Some classes may not be suitable for people with food allergies, special or religious diets – this information is provided on each course plan.

Preparing for a course

You will usually be asked to supply ingredients and/or equipment for your class. This will be at your own expense. Information regarding this is provided on the course description online and detailed instructions will be given to you on the confirmation email when you book a place. Please read this email.

Some of our classes offer students the facility to pre-pay for ingredients (to be supplied by us) at the time of booking. These will be at an additional cost.

Occasionally, on long courses, relevant and fun ‘homework’ may be provided though this is not compulsory.

On the course

We expect all students to:-

  • Arrive for each class ahead of time as classes will begin promptly
  • To observe and maintain the highest of hygiene standards
  • Be kind, courteous and respectful to others attending the course
  • Have fun!

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;(3) you have the legal capacity and you agree to comply with these Terms;(4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Comments And Feedback

The School may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

We do not filter, edit, or review Comments prior to their presence on our website.
Contributions may be viewable by other users of the Site and our School and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the School, and other users of the School to use your Contributions in any manner contemplated by the School and these Terms.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the School and these Terms.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

 

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

Your comments are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any comment or for any claims, liabilities, or losses resulting from any comment.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.
We have no obligation to monitor your Contributions. Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site and our School.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.

You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. You can deactivate the connection between the Site and your Third-Party Account by contacting us or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.

PAYing for bookings

We accept the following forms of payment:
• Visa
• MasterCard

You agree to provide current, complete, and accurate purchase and account information for all purchases made to the School. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.

All payments shall be in NZ dollars.

You agree to pay all charges at the prices then in effect, and you authorize us to charge your chosen payment provider for any such amounts upon booking your course. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any booking placed through the Site. We may, in our sole discretion, limit or cancel classes and courses. These restrictions may include bookings made by or under the same customer account, the same payment method, and/or bookings that use the same billing address. We reserve the right to limit or prohibit bookings that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

We do not provide refunds, credits or transfers for unattended courses.

However, refunds may be made at our sole discretion and on an individual basis in exceptional circumstances. We do have certain legal obligations under the Consumer Guarantees Act which we do honour and you should make yourself aware of these.

Unless otherwise required by the Consumer Guarantees Act, we may offer refunds on a case-by-case basis.

For help with refunds please contact us at cook@fernmoor.com

These terms of use shall remain in full force and effect while you use the Site and our School. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and our classes (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation.

We may terminate your use or participation in the Site and our courses or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

You may cancel your account and membership at any time. Note that your personal information will be treated in accordance with our privacy policy.

If You have any concern or dispute about our School, You agree to first try to resolve the dispute informally by contacting us.

To expedite a resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use brought by either you or us, you agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon you providing written notice to us.

Arbitration

If either party is unable to resolve a dispute through informal negotiations, the dispute will be transferred to the Disputes Tribunal of New Zealand.

 

For any queries regarding our Terms & Conditions please contact us at cook@fernmoor.com