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©2019 by Moove Studio

Terms & Conditions

GENERAL 

 

This website is owned and operated by Moove Studio. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors information about our services, the ability to purchase services we well, the ability to book into our classes and other offerings, and a method of checking in on your own schedule and bookings. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

ACCOUNT CREATION & USE

 

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. 

COMMERCIAL TERMS

 

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for our services and products are listed on the website. We reserve the right to change our prices for services and products displayed at any time, and to correct pricing errors that may inadvertently occur. The fee for the services and any other charges you may incur in connection with your purchase of the service, such as taxes and possible transaction fees, will be charged to your payment method.

In the event I damage any of the equipment at Moove Studio, I will be solely responsible for the replacement of said equipment.

ASSUMPTION OF RISK 

You acknowledge and recognize that the activities and services offered at Moove Studio are inherently dangerous and you may be exposed to dangers and hazards, including overheating, overexertion, falling, slipping, tripping over equipment, and not using equipment properly and as instructed,  that may result result in personal injury, disability or death. Moove Studio assumes no responsibility for providing medical care during the activity. You freely assume the risks associated with the services offered at Moove Studio, listed and not listed, including any injury or loss caused by Moove Studio's negligence, it's employees, officers or other activity participants.

 

RELEASE OF LIABILITY

You hereby release Moove Studio, its employees, agents, officers, and contractors, the providers of any equipment used in the services, and land owners,  (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occurs to me or to any other person or to any property during the services provided at Moove or in any way related to the services. This release includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that New Zealand law does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the services or are related in any way to the services. 

 

RETENTION OF RIGHT TO CHANGE OFFERING

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS, LOGOS

 

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Moove Studio. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

RIGHT TO SUSPEND OR CANCEL USER ACCOUNT

 

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

 

INDEMNIFICATION

 

You agree to indemnify and hold Moove Studio harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Moove Studio, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. 

To the maximum extent permitted by applicable law, Moove Studio assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

RIGHT TO CHANGE & MODIFY TERMS

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

PROMOTIONAL EMAILS AND CONTENT

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with. If you don't want to receive such promotional materials or notices – please just notify us at any time. 

 

CHOICE OF LAW

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of New Zealand, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Hawke’s Bay. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

REFUND & RETURN POLICY

Our services are non-refundable, all classes and class packages have an expiry date. If the services are not used within the prescribed time they will expire and no refund will be made for any unused portion of the package. 

For physical products, any undamaged product, simply return it with its included accessories and packaging along with the original receipt within 7 days of the date you purchased the product, and we will exchange it or offer a refund based upon the original payment method. 

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.