Our Terms and Conditions
LESSON TERMS & CONDITIONS (last updated 26 October 2021)
1. PAYMENT REGISTRATION:
1.1 Enrolment is for a full term: Enrolling in MusiqHub Lessons secures a particular slot of the teacher’s time for the whole term, irrespective of attendance. Payment of fees is on a per term basis and is expected by the date due as set out on the invoice. Parents/guardians and students are responsible for ensuring lesson attendance. If you wish to enrol your child for less than a full term, please discuss an alternative arrangement with your teacher before signing up (differing fees will apply). To make things as administratively simple as possible, after the end of the term we automatically enrol your student for the next term. You can, of course, give us notice that you do not wish to continue for the next term. Please see clause 1.8 below.
1.2 Term Length: Typically there will be between seven and eleven lessons per term, depending on School Term Dates, Public Holidays, trips, sport days, school camps and other school activities.
1.3 Tutor Books: The parent/guardian agrees to pay for the first tuition book with the first term’s lesson fees. All subsequent tuition books are to be purchased by the parent/guardian at the recommendation of the teacher. Generally the student will need a new tutor book each year.
1.4 Late payment: Late payment constitutes default under this agreement and the teacher may withdraw students from lessons at their discretion until paid up in full.
1.5 Indemnity: The parent/guardian agrees to indemnify MusiqHub against all costs, whether commissions, legal fees or otherwise, incurred by MusiqHub or their duly authorised agents relating to the recovery of any monies, goods or services that may be outstanding from time to time pursuant to the terms of this agreement.
1.6 Discontinued lessons. Teachers also reserve the right to discontinue any student for reasons including but not limited to inappropriate behaviour, non-payment of fees and sporadic attendance.
1.7 Withdrawing from lessons during a term: You may discontinue lessons during a term but as you have booked lessons for the full term and the lessons have been priced on the basis of a full term, the teacher is not required to refund any of your fees.
1.8 Automatic enrolment for further terms: As requested by busy parents and guardians, enrolments automatically roll over from one term to the next during a school year. If you do not wish to renew for the next school term, all you need to do is let your MusiqHub teacher know at least two weeks before the start of the school term. We will send you an invoice before the new term starts to remind you. It is important that you notify the teacher earlier if you can, please.
1.9 Change in price: Tuition, registration costs and books are reviewed annually and at least one term's notice will be given of any change in price.
2. LESSON REFUND:
2.1 Missed Lessons: No refund will be given where a lesson is missed. Due to timetabling complexities the teacher is not obligated to offer catch-up lessons. If a student does not have their instrument at school they are still expected to attend lessons.
2.2 Teacher absence: If the teacher is unavailable to give any scheduled lesson (eg. due to sickness) that fee will be carried forward and credited to the next term.
3. INSTRUMENT:
3.1 Instrument: It is the parent/guardians responsibility to ensure the student has their own instrument. The teacher can make recommendations about which instrument would suit the student.
3.2 Insurance: The student/parent/guardian is responsible for the insurance of the student's instrument.
4. ONLINE LESSONS
4.1 Provision of lessons online. Lessons will move online when they cannot occur in person (for example during a pandemic) or when otherwise agreed between the teacher and the parent/guardian. The teacher will notify the parent/guardian of the details for accessing the online lesson. An online lesson is a direct and permitted replacement for an in-person lesson, and the pricing and other terms apply without change. Please treat the lesson in the same way as you would treat any other lesson, for example they are not to be recorded or broadcast to others.
4.2 No refund. The teacher is not able to give a refund for lessons affected by internet or other issues experienced by the student. However, MusiqHub uses popular and simple to use online platforms to provide online lessons and these platforms can be used on standard home technology devices and usual home internet bandwidth.
5. STUDENT HEALTH AND SAFETY
5.1 Medical information. In the interests of the student's well-being whilst in the teacher's care, the teacher must be informed of any medical or other condition affecting the student.
5.2 Student care: The teacher is not responsible for students outside of the agreed lesson time.
6. PRIVACY AND COPYRIGHT:
6.1 Advertising: MusiqHub will occasionally video / photograph classes and may use video footage or photos for promotional or training purposes or for circulation to students and their parents. You agree to your child’s image/s being used, unless written notification to the contrary is provided at enrolment. If any images are going to be used more widely you will be contacted and an agreement arranged. Please refer to our privacy policy for more information on how we use video footage and photos.
6.2 Personal details. Please refer to our privacy policy for how we collect, store, use and share your personal information.
6.3 Extra Activities: The teacher will not expect the student to participate in any examination, festival, etc. without the agreement of the student/parent/guardian. Any entry fees will be paid by the student/parent/guardian.
6.4 Copyright. The student/parent/guardian undertakes not to make photocopies of any music.
RETAIL TERMS AND CONDITIONS
Terms & Conditions of Trade for Retail Sales
PRICE
1. All prices are in NZ$ and exclude GST, unless otherwise stated.
2. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of delivery of the goods.
3. Prices do not include delivery surcharges.
PAYMENT
4. All goods must be paid in full on collection, delivery, or installation. Payment must be made by cash, approved cheque or credit card, or direct credit. Payment by cheque or direct credit shall not be deemed to have been received until honored/cleared.
5. Interest may be charged on overdue accounts at such rate as MusiqHub Limited may determine from time to time.
6. If MusiqHub Limited is required to undertake action for recovery of outstanding debts, the Customer indemnifies MusiqHub Limited against any expenses, costs or disbursements incurred for such purpose, including legal costs on a solicitor-client basis.
Special Orders/Acceptance of a Quote
7. Where a quotation is given by MusiqHub Limited for goods, unless otherwise agreed, the quotation shall be valid for 30 days from the date of issue.
8. A deposit of up to 50% may be required to secure the equipment for the quotation if that quotation is accepted by the Customer. The deposit amount to be agreed and recorded with an authorised MusiqHub Limited agent at the time the quote is accepted by the Customer.
9. If the goods require special ordering, you will be advised and asked to sign/authorise a “Customer Order Form”, and to provide a deposit of up to 50%.
10. The deposit may be non refundable, please refer to our refunds and returns policy.
DELIVERY
11. MusiqHub Limited shall deliver the goods to either the postal address or the business address notified by the Customer.
12. MusiqHub Limited shall deliver the goods by such carrier and in such form of transport it considers appropriate.
13. If the Customer specifies the means of transport or the carrier, the Customer shall bear the additional costs (if any).
14. MusiqHub Limited will not be responsible for any consequential damages arising directly or indirectly from late delivery or non-delivery.
15. Risk in the goods shall pass to the Customer at the time the goods are received by the carrier to be delivered to the Customer.
RENTAL INSTRUMENTS
16. The Customer is responsible for any loss or damage to the Instrument during the rental term and will indemnify MusiqHub Limited for all repair and replacement costs.
17. In addition the Customer will indemnify MusiqHub Limited for any loss of revenue suffered due to the unavailability for hire and from and against all claims in respect of any costs (including legal costs on a solicitor/client basis), loss, damage, injury or liability arising from the hireage.
18. The Customer shall:
- a. Maintain the Instrument in good repair, condition and working order;
- b. Store the Instrument in its case (if any) or otherwise carefully store the Instrument when the Instrument is not in use;
- c. Return the Instrument in the condition it was in at the commencement date of the hire term less fair wear and tear;
- d. Bring the Instrument to and only to Music Works Limited for servicing or repair at the Customer’s own cost; and
- e. With respect to late returns pay $2.00 per day for each day overdue.
19. The Customer shall not unless with MusiqHub Limited’s written consent:
- a. Modify the Instrument;
- b. Take the Instrument outside New Zealand;
- c. Assign the hire contract or part with possession of the Instrument.
20. The Customer may elect to purchase the Instrument during the rental contract period. If the Customer elects to purchase during the rental period then the Customer will receive a discount equal to the lesser of one of the following; the monthly rental paid to date or 2 full yearly payments, or 24 monthly payments or 4 six monthly payments. Please note that a used instrument gets only 50% of the applicable discount but new instruments get 100%. None of these discounts apply to any special promotion price.
21. For the avoidance of doubt, the monthly rental referred to in clause 20 above does not include any insurance charges paid to MusiqHub Limited.
22. Subject to clause 20 MusiqHub Limited has the absolute discretion to determine the price of the Instrument at the time the Customer elects the option to purchase.
23. If the Customer fails to pay any money due or perform any obligations during the hire term, MusiqHub Limited may without any prior notice retake possession of the Instrument. The Customer agrees that MusiqHub Limited, its agent and employees may enter onto any land where MusiqHub Limited believes the Instrument to be and retake possession of the Instrument.
24. The Customer agrees that no refunds are given by MusiqHub Limited following the early return of rental Instruments.
REFUNDS AND RETURNS
25. MusiqHub Limited does not have to refund your payment if you have changed your mind, so please choose your goods carefully.
26. If a Customer has made a payment in error please contact MusiqHub Limited within 2 business days. MusiqHub Limited will investigate the claim within 5 business days of notification and refund any part of your payment which in its sole discretion is found to be a genuine payment error.
27. The Customer shall notify MusiqHub Limited prior to returning any goods. MusiqHub Limited reserves the right to determine whether it will accept such return and on what terms.
28. Goods must be returned in its original condition and packaging.
29. No returned goods shall be accepted if the goods have been tampered with by the Customer or the carrier.
Warranty and Consumer Guarantees Act 1993
30. All new goods sold by MusiqHub Limited are guaranteed for 12 months against manufacturing defects (subject to the limitations, terms and conditions contained in manufacturer’s warranty) from the date of purchase. Some brands carry specific warranties for a longer period. Please check our website and confirm the length of warranty with us at the time of purchase of the goods.
31. MusiqHub Limited offers a 90 days warranty from date of original purchase on secondhand goods, excluding valves, speakers, meters, and cross faders.
32. All warranties extend to the original purchaser only and are not transferable.
33. Proof of original purchase is required as a condition of warranty coverage. Please retain your original invoice.
34. All warranty claims must be referred to MusiqHub Limited. You are not authorised to contact the manufacturer direct.
35. These warranties do not extend to normal wear and tear or damage caused by abuse, misuse or negligence, tonal characteristics, strings, any modifications, or damage in transit. Failure to comply with the maintenance instructions will void the warranty. MusiqHub Limited will endeavor to either repair or replace the defective goods. If repair or replacement is not practicable, MusiqHub Limited will refund the purchase price.
36. The Customer shall be responsible for the costs associated with delivering the goods to and from MusiqHub Limited for repair or replacement purposes.
37. The Consumer Guarantees Act 1993 (Act) shall not apply where the goods are purchased for business purpose. Where the goods are purchased for non business purposes, then subject to these terms and conditions, MusiqHub Limited will comply with its obligations under the Act.
Liability
38. Where the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes imply warranties or conditions or impose obligations upon MusiqHub Limited which cannot by law (or which can only to a limited extent by law) be excluded or modified, then liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
39. MusiqHub Limited will not be liable for any loss or damage of any kind whatsoever arising from the supply of goods by MusiqHub Limited to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise.
40. The Customer shall indemnify MusiqHub Limited against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of MusiqHub Limited or otherwise, brought by any person in connection with any matter, act, omission, or error by MusiqHub Limited its agents or employees.
41. If contrary to the disclaimer of liability contained in these terms and conditions of trade, MusiqHub Limited is deemed to be liable to the Customer, following and arising from the supply of goods by Music Works Limited to the Customer, and such liability is limited to maximum aggregate of $500.
PRIVACY
42. The Customer authorises MusiqHub Limited to collect, retain and use personal information about the Customer (including any information collected in this document) for the following purposes only:
a. Assessing the Customer’s creditworthiness;
b. Disclosing to a third party details of this application and any subsequent dealings it may have with MusiqHub Limited for the purpose of recovering amounts payable by the Customer and providing credit reference;
c. Marketing goods and services supplied by MusiqHub Limited or its selected business partners.
46. MusiqHub Limited shall immediately stop sending marketing materials to the Customer should the Customer so request.
47. The Customer can assess and correct any information MusiqHub Limited holds about the Customer.
Security Interest
48. The Customer grants MusiqHub Limited a Security Interest in the goods supplied by MusiqHub Limited to secure payment of the purchase price of the goods and any other obligations of the Customer to MusiqHub Limited (whether under this contract or otherwise).
49. The Customer shall, at its own expense, provide all reasonable assistance and information to enable MusiqHub Limited to register a Financing Statement or Financing Change Statement and generally to obtain, maintain, register and enforce MusiqHub Limited’s Security Interest in respect of the goods supplied, in accordance with the Personal Property Securities Act 1999 (“PPSA”).
50. The Customer agrees not to change its name until it has given MusiqHub Limited 10 business days notice in advance.
51. MusiqHub Limited may apply any payment received from the Customer to all or part of the amount owing for any goods or services provided to the Customer as MusiqHub Limited sees fit, irrespective of whether that payment is intended by the Customer to be for those particular goods or services or in respect of a particular invoice.
52. Until the Customer has paid all money owing to MusiqHub Limited, it shall at all time ensure that the goods supplied by MusiqHub Limited, while in the Customer’s possession, can be readily identified.
53. The Customer waives its right to receive a copy of any financing statement, financing change statement or verification statement that is registered, issued or received at any time pursuant to these terms of trade.
54. The Customer authorises MusiqHub Limited to enter any premises and repossess any goods that have not been paid for in full, but without prejudice to any other rights of MusiqHub Limited. Where the goods are retained by MusiqHub Limited you waive the right to receive notice under section 120 of the PPSA and to object under section 121 of the PPSA.
55. For the purposes of this clause, words and phrases shall have the meaning given to them under the PPSA.
General
56. MusiqHub Limited may from time to time and in its absolute discretion amend the terms and conditions contained herein and such variation shall take immediate effect without the Customer’s consent.
57. These terms and conditions are to be governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand courts.
Definitions
58. “Goods” includes without any limitation all musical instruments, accessories, goods, products or advice provided in relation to the instruments, hiring and sale of musical instruments, and all associated fees and charges.
59. MusiqHub Limited includes references to “us” or “we” or “our”.
60. Customer includes references to “you” or “your” or “yours”.
