TERMS AND CONDITIONS

Engage Events Limited (Trading as AUM Festivals and Events)

Terms and Conditions

1 GENERAL

1.1 These Terms and Conditions may be subject to change at any time, with or without notification by Engage Events Limited

1.2 Terms and conditions for the purchase of tickets will be available at the time of purchase through the designated sales agent(s). If in the event their terms and conditions conflict or contradict these terms and conditions or making no specification on a matter, these terms and conditions will be considered superior and will apply.

2 INTELLECTUAL PROPERTY

2.1 The name Engage Events Limited, AUM New Year’s Eve Festival and AUM events are a trademarks (pending) and may not be used unless explicit written consent is provided by the relevant party.

2.2 Pictures and content contained on our websites is also the property of Engage Events Limited and may not be duplicated or used without their written and explicit consent.

3 GENERAL CONDITIONS OF ENTRY

3.1 By purchasing tickets for an Engage Events event you are agreeing to abide by these terms and conditions, including conditions of entry. Violating these conditions of entry may result in denial of entry, immediate ejection, or referral to New Zealand police if deemed appropriate. If you are denied entry or ejected because you have not adhered to these Terms and Conditions, no refund will be provided.

Any Engage Events events that require liquor licencing will either be held at designated R18 licenced venues, or will contain designated and controlled R18 licensed bar areas (All festivals excluding AUM Festival which does not sell alcohol). In each case this will be clearly detailed on our website event pages. The designated licensed areas will be R18 event and in accordance with New Zealand liquor licensing laws we will only permit entry with these three valid forms of identification:

Current HAINZ 18+ ID Card

Current New Zealand Drivers Licence

A Current Passport

You must provide one of the above forms of identification to gain entry to the designated licenced area or licenced venue.

There will be no exceptions made to this policy in accordance with New Zealand law, with the name on the identification needing to exactly match the name on the event admission e-ticket. It is your responsibility to ensure you have the correct and current identification and attendees who do not present the valid form of identification will be not be granted admittance to the event/ designated areas, with no refunds provided.

If changes are made to New Zealand liquor licensing requirements, these conditions of entry will subsequently be amended.

All attendees on-site must comply with all official directives in the event of emergency evacuations or situations.

Those believed to be attempting to contravene these regulations, or assist others in breaking these conditions of entry (including admittance of those without valid tickets or wristbands) will be denied access to the venue/ site, and referred to the New Zealand Police if required.

All attendees on-site at any Engage Events event must have a valid form of admittance, which must constitute one of the following forms (but not limited to):

Valid and non-redeemed ticket prior to admittance

Valid attendee wristband accreditation once on-site

Valid media/other authorised person accreditation

3.8 Wristbands and other forms of accreditation on-site are designed to be secure and non removable (without destroying the wristband). Any attempts by attendees to manipulate or interfere with their wristbands will be construed as an attempt to contravene these conditions of entry, and may result in denial of entry, immediate ejection, or referral to New Zealand police if deemed appropriate.

3.9 In cases where there is a valid reason (at the discretion of Engage Events) why the wristband has been damaged or removed, the right is reserved to charge for a replacement wristband.

3.10 All Attendees must comply with the directives of Engage Events/ AUM staff. Failure to do so may result in denial of entry, immediate ejection, or referral to New Zealand police if deemed appropriate.

3.11 Attempts to damage property of other attendees, or of Engage Events/ AUM will result in denial of entry, immediate ejection, or referral to New Zealand police if deemed appropriate. Additionally, attempts will be made to recover costs if appropriate.

3.12 By attending these events you are providing perpetual permission to be filmed, photographed or used in any promotional material by Engage Events/ AUM and/or festival partners. This includes overhead drone footage. Engage Events/ AUM have no obligation to notify you in using such material.

3.13 Engage Events/ AUM take no responsibility for personal items mislaid, lost or stolen on-site. You must look after your own property with care.

3.14 Some Engage Events/ AUM events/ festivals are open air events in rural and coastal venues. Be prepared for all weather conditions and ensure you bring some warm and wet weather clothing. Entry is at the attendee’s own risk and attendees assume that there may be risks inherent in admission to the venue. Engage Events/ AUM will not be held responsible in the event of any injury, loss or damage sustained entering the venue, including damage to private vehicles brought on-site or adjacent car-parking facilities.

3.16 It is strictly forbidden to walk along designated bus and state highway areas between any Engage Events/ AUM festival sites and other areas. This practice is extremely dangerous for the individual, buses and other traffic, and may result in immediate removal of festival wristband or referral to the New Zealand police if deemed appropriate.

3.17 If at any point you feel that you or others’ health or safety is threatened, you should contact the nearest security guard, Engage Events/ AUM staff member or Police Officer for assistance.

3.18 Any attempts to misrepresent oneself as a member of security, staff, or other personnel through the use of high-visibility clothing or making statements as such will be considered a serious offence and the party will be immediately ejected from the event, without refund.

3.19 – R.O.A.R (RIGHT OF ENTRY RESERVED)- Engage Events/ AUM Festivals and events reserve the right to exclude entry, remove someone from any event, deny entry to any event, or exclude/ban any individual for any specific period including life ban, for any reason we consider that contravenes  our heath and safety policy, or presents any kind of perceived risk to the event or any individual or group who could be present at the event.

4 AUM CONDITIONS OF ENTRY

4.1 Engage Events/ AUM will not permit the entry of attendees who break the following conditions of entry, and will eject those who break these rules at their discretion without warning, with no refunds provided. Items deemed to be in violation of these conditions of entry will be confiscated and not returned. These conditions of entry are:

No anti-social, aggressive or threatening behaviour to other festival attendees or staff, or behaviour deemed to be in violation of the intent of these terms and conditions.

No misrepresentation as a member of staff or security, or attempt to enter restricted areas.

NO GLASS: No forms of glass, including glass containers and/or drinking vessels

NO FIRE. TOTAL FIRE BAN AREA: No construction or attempts to do so of any form of fire, bonfire or naked flame.

No unauthorised fire toys outside of the designated and managed fire performance areas. Anyone wishing to use fire toys must report to info and be directed to the workshops manager. No exceptions!

No intoxication.

No animals onsite.

No use of illicit drugs or illegal substances.

No attempt to bring into the venue any of the following items (but not limited to):

-Illicit Drugs or illegal substances

-Fireworks

-Weapons

-Gang patches, affiliated clothing, or visible gang insignia

-Lasers

-Wood or coal/ charcoal BBQs (Gas BBQs and Gas cooking rings are OK)

-Material to construct fires or weapons

-Other dangerous items

–Any alcohol unless to AUM New Year’s Festival. Please refer to our festival guide and website “about us” page for expectations of conduct. AUM is not a piss-up. See our guide also for what to/not to bring. NO GLASS permitted.

Other dangerous items.

Strictly no unauthorised aerial drones will be allowed on the festival site.

If requested, attendees must allow authorised staff to search their vehicles (includes campers/ caravans/ trucks and all other vehicles upon entering AUM Festival sites) clothes, bags, containers or other possessions for items in violation of these conditions of entry.

Participating in dangerous activities such as aggressive dancing, stage diving, crowd surfing or climbing may result in denial of entry, immediate ejection, or referral to New Zealand Police if deemed appropriate.

4.2 Intoxicated persons may not be allowed into the venue. No refunds will be provided to persons disallowed entry due to intoxication.

5 BRINGING ALCOHOL ON SITE

5.1 Some Engage Events/AUM events are held in licensed premises or have designated licensed areas. The bringing of alcohol into these areas is strictly prohibited and attendees attempting to do so maybe denied entry and have their alcohol confiscated.

If requested, attendees must allow authorised staff to search their vehicles (includes campers/ caravans/ trucks and all other vehicles upon entering AUM festival sites) clothes, bags, containers or other possessions for items in violation of these conditions of entry.

6 TICKET REFUNDS, SALES AND EXCHANGES, EVENT POSTPONEMENT

6.1 Engage Events/ AUM have a strict ‘No Refunds’ policy, if you deem that you have a legitimate reason to ask for a refund, this will be reviewed. It is however unlikely that this will result in any kind of funds being transferred back to the ticket purchaser.

6.2 Engage Events/ AUM events are all weather events, and may not be cancelled in the event of adverse weather. Efforts will be made to adjust for adverse weather where possible. In the event of extreme weather which may deem the event unsafe to operate, Engage Events/ AUM reserve the right to postpone the event to a new date.

6.3 Engage Events/ AUM reserve the right to not provide refunds in the event of event cancellation or postponement. In the event that the dates of the event are postponed, reasonable efforts will be made to advise ticket holders of the change in dates and how tickets can be redeemed on the amended dates.

6.4 Tickets purchased for Engage Events/ AUM are for the event, not for specific artists or acts. We reserve the right to withdraw, replace or substitute acts, and make changes to the program and /or timetabling where required. No refunds will be provided if an act is changed, cancelled or length or content of the performance changed or truncated.

6.5 Tickets may not be used as part of promotional giveaways, or contests, sweepstakes or in exchange for service unless with the express written consent of Engage Events/ AUM.

6.6 Tickets will only be permitted to be sold and transferred through authorised vendors at a time to be decided by Engage Events/ AUM. All e-tickets will be personalised tickets. Tickets that have not been transferred correctly to the paying party will not be able to be redeemed by the purchaser without the name transfer of the ticket, with no refund provided.

6.7 If the amount paid for a ticket is incorrect regardless of whether it was an error in price or otherwise communicated, Engage Events/ AUM reserves the right to cancel that ticket and refund the amount paid. This will apply regardless of whether it was a human error or system malfunction.

6.8 In the event of a refund of any sort, the service fee component or other administrative charges in purchasing / delivering the ticket will not be refunded.

6.9 If tickets and / or wristbands are distributed via authorised postal or other means, Engage Events/ AUM takes no responsibility for them once they have arrived. If they are lost, stolen or damaged, you will need to purchase a replacement wristband. Damaged wristbands will not be permitted on-site.

6.10 Any bus service provided to Engage Events/ AUM, with the service and frequency of said service is subject to the availability of buses, drivers and the application of all related transportation laws. Engage Events/ AUM take no responsibility for attendees failing to make the events by missing buses, or being ejected from buses or denied their use due to damage, intoxication or other unruly behaviour. In this event Engage Events/ AUM will not provide a refund and will refer the person to the appropriate authorities if required.

6.11 In the event that liquor licensing laws are changed, the changes relevant will be notified to event attendees. Refunds will not be provided in this instance.

6.12 If you do not receive a confirmation email after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. Engage Events/ AUM will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

6.13 Engage Events/ AUM will not be held liable if customers purchase additional or unwanted tickets or upgrades and it is the responsibility of customers to be sure they have selected the appropriate tickets and upgrades.

6.14 By purchasing tickets for others through your ticket agent account, it is the responsibility of the account holder to ensure that the correct information is completed on all tickets. Engage Events/ AUM will not be responsible for any costs incurred if customers do not enter the correct details during the process, for any reason.

6.15 If you do not complete your details by a required and notified date, you may be charged service fees which will be required to be paid before your ticket can be successfully redeemed.

6.16 By purchasing ticket/s you declare that they will not be passed onto any person/s under the age of 18 years. Excludes specifies children’s tickets.

6.17 All children & infants under the age of 18 at any family friendly designated Engage Events/ AUM events MUST be ticketed (this includes any available free children’s tickets) and they MUST be accompanied and cared for by a parent or legal guardian at all times for the duration of the event.

6.18 COVID-19 POSTPONEMENT CLAUSE 
Engage Events Limited (AUM) reserve the right to schedule postponement dates for any and all events in case of forced lock down or NZ Govt alert level changes which prevent any event from running, due to the covid19 situation. All tickets purchased will be honoured at any future postponement dates. In the event that we are unable to secure a premium weekend date (Friday or Saturday) we reserve the right to run the event on another week day as required. We will not cancel any events. 

7 THIRD PARTY VENDORS

7.1 By using any third party vendors on-site, or other vendors associated with Engage Events/ AUM you are agreeing to abide by their terms and conditions and any associated responsibilities.

7.2 Please check festival event guides for whether the event will be cash only or EFTPOS available on site. No cash out facilities will be available at festival sites. If no EFTPOS is available, please bring plenty of cash in low denominations (e.g. coins-$5-$10-$20) if you are planning to use on-site vendors.

7.2 Engage Events/ AUM will not be held responsible for the actions of third party retailers, or provide refunds in the event of a dispute.

8 PRIVACY INFORMATION, DATA COLLECTION AND FURTHER INFORMATION

8.1 When using the Engage Events/ AUM website (or any other websites associated with Engage Events/ AUM including the ticketing agent website) and therefore agreeing to the sites terms and conditions, you are permitting Engage Events/ AUM to collect the personal information provided in your ticket purchase.

8.2 Customers have a right under the New Zealand Privacy Act 1993 to see and correct any data held by Engage Events/ AUM relating to them. Additionally, Engage Events/ AUM will follow the safeguards specified in the above act to make sure that this information is only disclosed to and used for communication by individuals or companies as specified in these terms and conditions.

8.3 Personal information collected by Engage Events/ AUM will be shared with the event promoter / organiser for the event you have purchased. They will communicate with you regarding the event and may provide additional information or offers on the event purchased. Communication outside these grounds will require your explicit approval, and any email communication can be opted out by the customer.

8.4 By agreeing with these terms and conditions, you agree that Engage Events/ AUM may contact you in future for customer feedback, marketing and other events. You will be provided the option to unsubscribe from this service.

8.5 Any further questions on these terms and conditions or other matters should be directed to the appropriate party.

The contact details are:

Engage Events Ltd (AUM)

PO Box 18, Waitakere

Auckland 0816

New Zealand

paul@aum.co.nz

 

Aum Glamping Terms & Conditions

1. Definitions

1.1        “Aum Glamping” means Engage Events Limited T/A Aum Glamping, its successors and assigns or any person acting on behalf of and with the authority of Engage Events Limited T/A Aum Glamping.

1.2        “Client” means the person/s hiring and/or purchasing the Goods as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.

1.3        “Agreement” means these terms and conditions together with any other related Order Form, Booking Form, bond schedule, invoice and/or Goods schedule. The Agreement may constitute physical and/or electronic written documents.

1.4        “Goods” means all Goods (including any accessories) or Services supplied by Aum Glamping to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

1.5        “Charges” means the price payable for the hire (or purchase) of the Goods (and any associated costs pursuant to this Agreement) as agreed between Aum Glamping and the Client in accordance with clause 4 below.

1.6        “Deposit” means the deposit/bond which shall be immediately due and payable by the Client at the time of order/booking that (in the case of hire or accommodation services) will be reimbursed to the Client upon approval from Aum Glamping’s staff once the Goods are returned, or occupation is complete, subject to the terms of this Agreement.

 

2. Acceptance

2.1        The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by this Agreement if the Client places an order for or accepts delivery of the Goods.

2.2        The Client accepts and acknowledges that:

(a)  in order to enter into this Agreement the Client must be of the legal age of eighteen (18) years or over. Wildernest reserves the right to request formal identification to confirm the age of the Client and/or references; if the Client refuses, or if Aum Glamping is not satisfied with the evidence/references supplied by the Client then Wildernest may cancel any order and provide a refund. Aum Glamping will not be held liable for any reason in the event that the Client fails to comply with this clause.

(b)  all orders/bookings are by written confirmation only, whether in the form of a physical or electronic document; no verbal agreements will be accepted by Aum Glamping.

(c)   all order/bookings are subject to the approval of Aum Glamping (and at Aum Glamping’s sole discretion), and any order/booking may be refused and/or cancelled, without any reason in any circumstances, regardless of whether any amounts have been paid.

(d)  under no circumstances shall the Goods be used for business, commercial or trading purposes, including casual vending, without the express written consent of Aum Glamping.

2.3        This Agreement may only be amended with Aum Glamping’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Aum Glamping.

2.4        These General Terms and Conditions are meant to be read in conjunction with the applicable terms and conditions for sale, hire and/or accommodation services. If there are any inconsistencies between the relevant documentation, then the terms and conditions contained therein shall prevail.

2.5        None of Aum Glamping’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of Aum Glamping in writing nor is Aum Glamping bound by any such unauthorised statements.

 

3. Change in Control

3.1        The Client shall give Aum Glamping not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by Aum Glamping as a result of the Client’s failure to comply with this clause.

 

4. Charges and Payment

4.1        At Aum Glamping’s sole discretion the Charges shall be either:

(a)  as indicated on any invoice provided by Aum Glamping to the Client; or

(b)  Aum Glamping’s quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of seven (7) days.

4.2        Aum Glamping reserves the right to change the Charges if a variation to Aum Glamping’s quotation is requested. Any variation from the plan of scheduled Services or specifications of the Goods (including, but not limited to, any variation as a result of increases to Aum Glamping in the cost of taxes, levies, materials and labour or where additional Services are required due to the discovery of hidden or unidentifiable difficulties including, but not limited to, change in design and specifications, availability of Goods, poor weather conditions, limitations to accessing the site, obscured site defects, safety considerations or prerequisite work by any third party not being completed, etc. which are only discovered on delivery of the Goods) will be charged for on the basis of Aum Glamping’s quotation and will be shown as variations on the invoice.

4.3        The Client accepts that Aum Glamping may change, or otherwise modify, any part of the Goods, or specifications of the Goods, prior to the proposed delivery date without consultation with the Client, if in Aum Glamping’s opinion the change or modification will not:

(a)  adversely affect the performance or capacity of the Goods; and

(b)  alter the configuration in any material aspect.

4.4        At Aum Glamping’s sole discretion, a Deposit may be required and shall be as specified by Aum Glamping. The Deposit must be paid in full, in advance of delivery of the Goods. Any refunds will be subject to the terms of this Agreement, including the conditions of clause 5.

4.5        Time for payment for the Goods being of the essence, the Charges will be payable by the Client on the date/s determined by Aum Glamping, which may be:

(a)  on or before delivery of the Goods. Failure to remit payment in advance of the delivery date will result in the termination of the Agreement;

(b)  by way of instalments/progress payments in accordance with Aum Glamping’s payment schedule;

(c)   for certain approved Client’s, due twenty (20) days following the end of the month in which a statement is posted to the Client’s address or address for notices;

(d)  the date specified on any invoice or other form as being the date for payment;

(e)  failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Aum Glamping.

4.6        Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to two and a half percent (2.5%) of the Charges), or by any other method as agreed to between the Client and Aum Glamping.

4.7        Unless otherwise stated the Charges does not include GST. In addition to the Charges the Client must pay to Aum Glamping an amount equal to any GST Aum Glamping must pay for any supply of Goods by Aum Glamping under this or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Charges. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Charges except where they are expressly included in the Charges.

 

5. Credit Card Information

5.1        Aum Glamping will:

(a)  keep the Client’s personal details, including credit card details for only as long as is deemed necessary by Aum Glamping;

(b)  not disclose the Client’s credit card details to any third party;

(c)   not unnecessarily disclose any of the Client’s personal information, except is accordance with the Privacy Act (clause 16) or where required by law.

5.2        The Client expressly agrees that, if pursuant to this Agreement, there are:

(a)  any unpaid Charges;

(b)  other amounts due and outstanding by the Client;

(c)   any Goods (or any part of them) supplied on hire that are lost or damaged;

(d)  any other additional charges are due from the Client which were not known at the time of the return of the Goods,

Aum Glamping is entitled to immediately charge the Client’s nominated credit card for these amounts, and is irrevocably authorised to complete any documentation and take any action to recover from the credit card issuer any and all amounts which may be due by the Client pursuant to the terms of this Agreement.

 

6. Delivery of Goods

6.1        Delivery (“Delivery”) of the Goods is taken to occur at the time that Aum Glamping (or Aum Glamping t’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.

6.2        At Aum Glamping’s sole discretion, the cost of pickup/delivery is in addition to the Charges.

6.3        The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then Aum Glamping shall be entitled to charge a reasonable fee for redelivery and/or storage of the Goods.

6.4        Aum Glamping may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in this Agreement.

6.5        Any time or date given by Aum Glamping to the Client is an estimate only. The Client must still accept delivery of the Goods even if late and Aum Glamping will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.

 

7. Personal Property Securities Act 1999 (“PPSA”)

7.1        Upon assenting to the terms and conditions of this Agreement in writing the Client acknowledges and agrees that:

(a)  these terms and conditions constitute a security agreement for the purposes of the PPSA; and

(b)  a security interest is taken in all Goods previously supplied by Aum Glamping to the Client (if any) and all Goods that will be supplied in the future by Aum Glamping to the Client.

7.2        The Client undertakes to:

(a)  sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Aum Glamping may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;

(b)  indemnify, and upon demand reimburse, Aum Glamping for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;

(c)   not register a financing change statement or a change demand without the prior written consent of Aum Glamping; and

(d)  immediately advise Aum Glamping of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.

7.3        Aum Glamping and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to this Agreement.

7.4        The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.

7.5        Unless otherwise agreed to in writing by Aum Glamping, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.

7.6        The Client shall unconditionally ratify any actions taken by Aum Glamping under clauses 7.1 to 7.5.

 

8. Security and Charge

8.1        In consideration of Aum Glamping agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under this Agreement (including, but not limited to, the payment of any money).

8.2        The Client indemnifies Aum Glamping from and against all Aum Glamping’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Aum Glamping’s rights under this clause.

8.3        The Client irrevocably appoints Aum Glamping and each director of Aum Glamping as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 8 including, but not limited to, signing any document on the Client’s behalf.

 

9. Client’s Disclaimer

9.1        The Client hereby disclaims any right to rescind, or cancel any contract with Aum Glamping or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Client by Aum Glamping, and the Client acknowledges that the Goods are hired/purchased relying solely upon the Client’s skill and judgment.

 

10. Consumer Guarantees Act 1993

10.1      This Agreement is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where the Client is contracting within the terms of a trade/business (which cases are specifically excluded).

 

11. Defects

11.1      The Client shall inspect the Goods on delivery and shall within twenty four (24) hours of delivery (time being of the essence) notify Aum Glamping of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.  The Client shall afford Aum Glamping an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Aum Glamping has agreed in writing that the Client is entitled to reject, Aum Glamping’s liability is limited to either (at Aum Glamping’s discretion) replacing the Goods or repairing the Goods.

 

12. Warranty

12.1      To the extent permitted by statute, no warranty is given by Aum Glamping as to the quality or suitability of the Goods for any purpose and any implied warranty, is expressly excluded. Aum Glamping shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.

 

13. Intellectual Property

13.1      Where Aum Glamping has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of Aum Glamping.

13.2      The Client warrants that all designs, specifications or instructions given to Aum Glamping will not cause Aum Glamping to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Aum Glamping against any action taken by a third party against Aum Glamping in respect of any such infringement.

13.3      The Client agrees that Aum Glamping may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Aum Glamping has created for the Client.

 

14. Default and Consequences of Default

14.1      Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Aum Glamping’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

14.2      If the Client owes Aum Glamping any money, the Client shall indemnify Aum Glamping from and against all costs and disbursements incurred by Aum Glamping in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Aum Glamping’s collection agency costs, and bank dishonour fees).

14.3      Without prejudice to any other remedies Aum Glamping may have, if at any time the Client is in breach of any obligation (including those relating to payment) under this Agreement, Aum Glamping may suspend or terminate the supply of Goods to the Client and (if applicable) repossess the Goods. Aum Glamping will not be liable to the Client for any loss or damage the Client suffers because Aum Glamping has exercised its rights under this clause.

14.4      Without prejudice to Aum Glamping’s other remedies at law, Aum Glamping shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Aum Glamping shall, whether or not due for payment, become immediately payable if:

(a)  any money payable to Aum Glamping becomes overdue, or in Aum Glamping’s opinion the Client will be unable to make a payment when it falls due;

(b)  the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c)   a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

 

15. Cancellation

15.1      Without prejudice to Aum Glamping’s other rights under this Agreement, Aum Glamping will, without notice to the Client, cancel this Agreement if:

(a)  the Charges are not paid for in accordance with this Agreement;

(b)  any other event occurs which is likely to adversely affect the Client’s ability to pay the Charges (including, but not limited to, the appointment of a receiver, administrator, liquidator or similar person to the Client).

15.2      Aum Glamping retains full discretion whether to offer a refund of any Charges or Deposit paid by the Client under this Agreement.

15.3      In the event that the Client cancels delivery of Goods, the Client shall be liable for any and all loss incurred (whether direct or indirect) by Aum Glamping as a direct result of the cancellation (including, but not limited to, any loss of profits).

15.4      Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

 

16. Privacy Act 1993

16.1      The Client authorises Aum Glamping or Aum Glamping’s agent to:

(a)  access, collect, retain and use any information about the Client;

(i)       (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client’s creditworthiness; or

(ii)      for the purpose of marketing products and services to the Client.

(b)  disclose information about the Client, whether collected by Aum Glamping from the Client directly or obtained by Aum Glamping from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.

16.2      Where the Client is an individual the authorities under clause 16.1 are authorities or consents for the purposes of the Privacy Act 1993.

16.3      The Client shall have the right to request Aum Glamping for a copy of the information about the Client retained by Aum Glamping and the right to request Aum Glamping to correct any incorrect information about the Client held by Aum Glamping.

 

17. General

17.1      The failure by Aum Glamping to enforce any provision of this Agreement shall not be treated as a waiver of that provision, nor shall it affect Aum Glamping’s right to subsequently enforce that provision. If any provision of this Agreement shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

17.2      These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of Auckland.

17.3      Aum Glamping shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Aum Glamping of these terms and conditions (alternatively Aum Glamping’s liability shall be limited to damages which under no circumstances shall exceed the purchase/hire Charges for the Goods).

17.4      The Client shall not be entitled to set off against, or deduct from the Charges, any sums owed or claimed to be owed to the Client by Aum Glamping nor to withhold payment of any invoice because part of that invoice is in dispute.

17.5      Aum Glamping may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

17.6      The Client agrees that Aum Glamping may amend these terms and conditions at any time. If Aum Glamping makes a change to these terms and conditions, then that change will take effect from the date on which Aum Glamping notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Aum Glamping to provide Goods to the Client.

17.7      Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

17.8      The Client warrants that it has the power to enter into this Agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this Agreement creates binding and valid legal obligations on it.

 

 

1. Definitions

1.1        “Accommodation Complex” means the confined area where Aum Glamping will provide, on a hire basis, Goods and related facilities.

1.2        “Booking Form” means the form containing details of the Goods, Contract Term and Charges, whether in physical or electronic form, including any online forms hosted on the website of Aum Glamping and/or third parties.

1.3        “Contract Term” means the period of hire for the Accommodation Complex as described on the Booking Form, invoices, quotation, or any other form(s) as provided by Aum Glamping to the Client.

 

2. Admission

2.1        Aum Glamping reserves the right to refuse admission to any person, at any time, without reason. Without limiting this right, Aum Glamping may refuse admission to persons who:

(a)      are under the age of eighteen (18) years, and are unaccompanied by an adult;

(b)      causes damage, disruption or nuisance, or who are intoxicated.

2.2        Aum Glamping will not:

(a)      (unless otherwise agreed) admit any person who is not an authorised guest of the Accommodation Complex;

(b)      be liable for the actions of any third party, nor any other guest of the Accommodation Complex.

2.3        Without limiting Aum Glamping’s absolute right to cancel and/or refuse admission, if the Client does not comply with the law, this Agreement, or any of Aum Glamping’s reasonable requests, Aum Glamping reserves the absolute right to (without refund) require the Client, or any other person(s), to immediately leave the Accommodation Complex, and/or confiscate any property within the Accommodation Complex, to be returned to the Client at check-out.

2.4        This Agreement does not give the Client entry to any event related to the Goods or Accommodation Complex. The Client will need to buy tickets to any such event separately from the appropriate supplier, and the terms and conditions of any event will still apply. Aum Glamping will under no circumstances be held responsible for any loss incurred by the Client because the Client fails to hold valid event tickets, and in this situation Aum Glamping’s normal cancellation fees will apply.

 

3. Check-in and Check-Out

3.1        In order to check-in, the Client (or person checking-in on the Client’s behalf) must supply their booking details (in the Booking Form specified by Aum Glamping), their valid photo ID, and full payment of the Charges and Deposit.

3.2        The Deposit must be paid before the Client may check-in or receive Goods, and/or gain access to the Accommodation Complex.

3.3        The Client will ensure that any permitted invitees or guests admitted to the Accommodation Complex will fully comply with the liabilities and responsibilities of the Client under this Agreement.

3.4        The Client may be refused admission if the Client does not check-in before the time specified in advance by Aum Glamping.

3.5        The Client must check-out no later than the departure time/ date as specified on the Booking Form. Failure to check-out in accordance with the Booking Form may result in a loss of part, or the entire amount, of the Deposit, and may incur further charges.

3.6        At Aum Glamping’s sole discretion, no refunds will be given for late check-in or early check-out.

3.7        At, or after, check out, Aum Glamping will inspect the Goods and/or Accommodation Complex for any damage or missing items provided by Aum Glamping. Any damage or loss will be the responsibility of the Client.

 

4. Rules of Entry

4.1        Subject to the terms of this Agreement, the Client can bring their own food and drink into the Accommodation Complex for personal use. No food or drink will be provided by Aum Glamping under this Agreement unless expressly agreed by Aum Glamping in writing.

4.2        Absolutely no glass is permitted in the Accommodation Complex or Goods.

4.3        The Client will:

(a)      not sell, or permit to be sold, Goods (or any other products and services) from the Accommodation Complex;

(b)      not remove any Goods from the Accommodation Complex;

(c)      respect the privacy of other guests. The Client will not enter, nor interfere with, Goods allocated to other guests, or their personal property.

(d)      not conduct themselves in a manner which, in the opinion of Aum Glamping, is likely to unreasonably interfere with other guest’s use and enjoyment of the Accommodation Complex.

4.4        It is the responsibility of the Client to ensure that all possible steps are taken to avoid injury, discomfort and/or loss to the Client and other guests. The Client agrees that no loud music will be allowed between the hours of 12:00am and 9:00am.

 

5. Aum Glamping Right of Entry and Inspection

5.1        Aum Glamping reserves the right to inspect the Goods and Accommodation Site at any time during the Contract Term.

5.2        The Client authorises Aum Glamping, its agents and representatives, at all times without notice to enter onto, and to remain on, (at all necessary times) any premises where the Goods are located in order to inspect and/or collect the Goods without being liable in any way for trespass. The Client also assigns Aum Glamping all the Client’s rights to enter onto, and remain on, such premises until the Goods have been inspected and/or collected.

 

6. Cancellation

6.1        Aum Glamping reserves the absolute right to:

(a)  cancel, terminate, or determine this Agreement;

(b)  immediately repossess the Goods;

(c)   require the Client or any other persons to immediately leave any Accommodation Complex,

at any time before or during the Contract Term, without reason, without prior notice, without payment of compensation and without prejudice to any other rights which Aum Glamping may have against the Client. Aum Glamping or its agents may enter any property, premises or vehicle where the Goods may be kept, for this purpose.

6.2        In addition to clause 15.1 in the General Terms and Conditions, Aum Glamping shall be entitled to cancel the Agreement if:

(a)  Aum Glamping reasonably believes that a third party may attempt to take possession of the Goods;

(b)  the Goods are at risk.

 

7. Title

7.1        The Goods are, and will at all times, remain the absolute property of Aum Glamping, however the Client accepts full responsibility for:

(i)       the safekeeping of the Goods and indemnifies Aum Glamping for all loss, theft, or damage to the Goods howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client; and

(ii)      shall keep Aum Glamping indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the Goods during the Contract Term and whether or not arising from any negligence, failure or omission of the Client or any other persons.

Furthermore, the Client will insure, or self-insure, Aum Glamping’s interest in the Goods against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Goods. Further the Client will not use the Goods nor permit it to be used in such a manner as would permit an insurer to decline any claim.

(b)  the Client is not authorised to pledge Aum Glamping’s credit for repairs to the Goods or to create a lien over the Goods in respect of any repairs.

 

8. Personal Property Securities Act 1999 (“PPSA”)

8.1        To the extent that this Agreement does not exceed a twelve (12) month Contract Term, the Client acknowledges that nothing in this Agreement creates or provides for a security interest.

8.2        To the extent that this Agreement does exceed a twelve (12) month Contract Term, this agreement is the security agreement for the purposes of PPSA generally, and in particular Section 36.