Chiquimundo NZ Limited
Terms and Conditions of Trade – Group Classes
1.1 In these Terms and Conditions:
(a) “Agreement” means any order or booking relating to the Services, and these Terms and Conditions.
(b) “We” or “Us” means Chiquimundo NZ Limited and its successors and assigns.
(c) “You” means the person, firm, company or entity buying Services from us.
(d) “Services” means all Services we will supply to you under a proposal, order or invoice relating to Spanish language tuition
2.1 Price plus tax: You will pay the price indicated on the invoice, booking form or other similar document issued by us (“Price”), together with the amount of any Goods and Services Tax or any other tax which may be payable in respect of the supply of Services or otherwise under these Terms and Conditions.
2.2 No deductions: All payments by you will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.
2.3 Cancellations: If you are not be able to attend a class you will endeavour to notify us as soon as possible before the start time by either email or text message. We do not offer refunds for classes that you have paid for but cannot attend but we will endeavour to accommodate you in a replacement class where possible.
3.1 Payment: Services are booked and invoiced in advance for each term of classes. You must pay your account on the due date set out in your invoice. If you have not paid your account before the first class of the term your booking will be cancelled. If you book and join a class part way through the term we will still charge you the full Price for the term.
3.2 Trial classes: If you are a new family you are entitled to attend your first class only on a trial basis. If you choose to book for the remainder of the term that class will be payable and covered by the Price. If you choose not to continue you will not be charged for that first class.
4. PENALTY FOR LATE PAYMENT
4.1 Default interest: Failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any other rights or remedies available to us, simple interest at 1.5% per month will be payable upon demand and from the due date until payment.
4.2 Legal costs: You will indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which We may suffer or incur as a result of any failure by you to make due and punctual payment.
5. PERFORMANCE OF THE SERVICES
5.1 Time: We undertake to use reasonable endeavours to deliver the Services at the time and place specified in your booking. However, tutor unavailability may force us to cancel or reschedule your sessions. We reserve the right to make any such changes.
5.2 Services to be supplied: You acknowledge and agree that the Services are limited to those set out in the invoice, booking form or other similar document issued by us.
5.3 Chiquimundo Membership: During the terms of this Agreement you also receive a complimentary Chiquimundo Membership. We do not guarantee any level of service or content under this membership programme.
6. OBLIGATIONS AND WARRANTIES
6.1 We warrant that:
(a) We have the right to enter into this Agreement;
(b) We will perform the Services to a reasonable standard of care and skill;
(c) We will perform the Services in accordance with relevant laws, including those relating to health and safety.
6.2 You agree to ensure that your child complies with our reasonable instructions at all times while participating in our classes. If you or your child disrupts a class and/or causes health and safety concerns we may ask you to leave.
6.3 You agree to arrive for and leave a class at the scheduled times and acknowledge that this is important to the operation of our business.
6.4 Tutor: In relation to your tutor you agree:
(a) Not to disclose their contact details to any third parties;
(b) During the term of this Agreement and for 12 months after termination for any reason not to solicit your tutor for private Spanish language tuition.
7.1 Consumer Guarantees Act: As a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Those rights apply alongside these Terms and Conditions and are not affected by anything in this clause.
7.2 Limitation of liability:
(a) Claims: We will have no liability for unsatisfactory Services unless you notify us in writing of your claim within 7 days after performance of the Services;
(b) We will have the option, exercisable at our discretion, to replace or give credit for any services in respect of which any claim is made or proven or to refund a portion of the price paid for the Services, thereby fully discharging all our legal liability;
(c) We are not liable for any loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss;
(d) Notwithstanding any other provision of this agreement, neither party will be liable for indirect, special, consequential or similar damages or losses, including but not limited to loss of profit or revenues or other financial or economic losses of any kind and whether or not the other party has been advised of the potential for such damages.
8.1 Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, act of God interfere with our performance of any of our obligations under these Terms and Conditions then we may at our sole discretion suspend our performance of any such obligation or cancel any contract for the purchase of Services and we will not be liable to you in any respect.
8.2 Waiver: These Terms and Conditions remain in force notwithstanding any neglect, forbearance or delay in enforcement. We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.
8.3 Severability: If any clause or provision of these Terms and Conditions will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.
(a) We may take photographs of the classes from time to time. We will endeavour not to take identifying photos of you or your child. If we wish to use photographs for publicity purposes and you or your child is easily identifiable we will only do so with your permission.
(b) You may take photos or videos during class; however, you must obtain permission from any children/parents that are identifiable in the images before posting online or on social media.
8.6 Electronic Communications: You consent to receive commercial electronic messages from Us. If you wish to opt out of receiving these messages tell us in writing and we will remove you from the mailing list.