Curate Home
Terms and Conditions of Service
GENERAL
In these Terms and Conditions:
“Agreement” means any proposal, order or engagement letter relating to the Services, and these Terms and Conditions.
“We” or “Us” means Caroline Grace Lagerstedt trading as Curate Home and her successors and assigns.
“You” means the person, firm, company or entity buying Services from us.
“Services” means all Services we will supply to you under a proposal, order or invoice relating to professional organising, decluttering, relocation and valuation support.
PRICE
Price plus tax: You will pay the price indicated on the proposal, invoice, quotation, order 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.
Quotation: Any quotation we have made for the supply of Services constitutes an invitation to treat and not a binding offer. All quotations lapse after 30 days but we reserve the right to change or withdraw any quotation without notice at any time.
Change to Price: During the provision of the Services it may become apparent that more work will be required than we anticipated at the time we set the Price. For this reason we reserve the right to increase the Price. If you do not wish to pay the increased Price you can terminate this Agreement and we will issue you an invoice for Services provided up to termination.
No deductions: All payments by you will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.
PAYMENT
Deposit: In order to confirm a booking for Services we may require you to pay a deposit.
Payment of balance: You will pay the balance of your account as set out in our proposal or invoice.
Expenses: Agreed out of pocket expenses will be added to the Price for reimbursement.
Acceleration: Notwithstanding the above credit period, full payment for all unpaid Services will become due immediately upon:
You or any guarantor becoming insolvent or bankrupt;
The commencement of any act or proceeding in which your or any guarantor’s insolvency is involved; or
You or any guarantor resolving to wind up or being ordered to be wound up or having a receiver, liquidator of official manager appointed in respect of all or any of your assets; or
You or any guarantor ceasing to trade.
PENALTY FOR LATE PAYMENT
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 our bank’s current overdraft rate will be payable upon demand and from the due date until payment.
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.
PERFORMANCE OF THE SERVICES
Time:
We undertake to use reasonable endeavours to deliver the Services within the time specified by us but dates we give for performance will be indicative only. No date specified by you will be binding on us without our written agreement;
Time spent on the Services is calculated from when we arrive at the site until the nearest quarter of an hour to when we complete the Services.
Use of reports: Any written material prepared or procured by us as part of the Services are to be used only by you.
Services to be supplied: You acknowledge and agree that the Services are limited to those set out in our proposal or other similar document issued by us.
Images: Unless you expressly withdraw your consent, you agree that we may use examples or images of the work we have done for you (eg before and after photos) for the purposes of marketing our services and our business. We will ensure that we do not use any sensitive or overly personal material. For the avoidance of doubt, we reserve the right to retain images for our records and for training purposes.
YOUR OBLIGATIONS
Information: you will provide us with any relevant information required to enable us to perform the Services. Where information provided by you is incorrect and we are required to undertake additional work we reserve the right to charge for such additional work.
Health and Safety: It is your responsibility to ensure that all safety measures have been taken at the site where Services are to be performed so as to comply with all applicable health and safety laws. Prior to our personnel attending the relevant site to perform the Services you will:
Inform us of all applicable health and safety rules and regulations that may apply at the site;
Notify us promptly of any risk, safety issues or incidents that may arise or may have arisen at the site that are relevant to our provision of the Services.
Right to delay or cancel: If we are concerned about the presence of any hazards or risks at the site we may, in our absolute discretion, delay the performance of some or all of the Services or cancel any booking by notice in writing to you.
CANCELLATIONS AND RESCHEDULING
Cancellation: Where you cancel a booking the following cancellations fees will apply:
Between 14 and 7 days before the date of your booking - $50;
Less than 7 days before the date of your booking - $100;
Less than 24 hours before the time of your booking – 50% of the Price.
Cancellation by us: If we need to cancel or reschedule an appointment for whatever reason we will try to give you as much notice as possible. We do our best to reschedule our client’s appointments as fairly as possible.
LIABILITY
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.
Limitation of liability:
Claims: We will have no liability for unsatisfactory Services unless you notify us in writing of your claim within 3 days after performance of the Services;
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;
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;
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.
Valuable items: While the Services may include handling valuable items, we do not take responsibility for any loss or damage to these. It is your responsibility to have these adequately insured.
Disposal: You waive your rights in relation to items that you ask us to remove and dispose of. We do not accept responsibility if you change your mind about items that have been removed on your request, or by you, during performance of the Services.
Disclaimer: The effectiveness of the Services depends on your willingness to participate fully and declutter when needed. The best results will occur if you are able to communicate proactively with us.
Business purposes: If you hold yourself out as acquiring the Services for business purposes, you acknowledge that the provisions of the Consumer Guarantees Act 1993 will not apply and are expressly excluded.
GENERAL
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.
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.
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.
Privacy Policy: Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in performing the Services. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with the provision of the Services and any future like arrangement or arrangements.
Electronic Communications: You consent to receive commercial electronic messages from us. If you wish to opt out of receiving these messages you can use the “unsubscribe” function.
Confidentiality: Each party must keep confidential during the term and after termination of this Agreement the existence and terms of this Agreement and all information of a confidential or sensitive nature supplied by the other party to this Agreement except to the extent that disclosure is required by law or where such information is or becomes available in the public domain without breach by a party of its confidentiality obligations under this Agreement. A party may disclose such information to its legal and other advisers, bankers and other persons who are subject to an obligation of confidentiality.
Privacy policy.
WEBSITE TERMS OF USE AND PRIVACY POLICY
These terms set out the basis upon which you may use this website, information about the copyright in this website and our privacy policy, which describes what we do with personal information we collect from you and the ways in which we may collect the information.
Access Terms
The purpose of this website is to provide information about Curate Home, by Caroline Lagerstedt.
Curate Home is not responsible if you rely on any information you access on or
through this website. Curate Home is also not responsible for information provided
by third parties that you may access on or through this website.
We do not warrant or represent that our website will operate in a continuous or fault-
free basis, will be completely secure or private all of the time, or will be free from
viruses or other harmful features. However, we do take reasonable steps to avoid or
mitigate these types of issues.
The laws of New Zealand apply to the use of this website, and you submit to the non-
exclusive jurisdiction of the Courts of New Zealand.
If you continue to use our website you are deemed to have accepted these terms.
Copyright Statement
Curate Home either owns the copyright in or has the right to use all text and images
published on this website, and its overall design.
You may download and print out any part of this website for your own personal use.
However, you may not otherwise copy or use any information or material from this
website (including for commercial purposes) without the express written permission of
Curate Home.
We only permit electronic links to pages of this website from which these terms can
be accessed. You may not provide an electronic link to any other page of this
website or to any other documents hosted on this website without our consent. We
reserve the right to request that you remove an electronic link to this website at any
time and you agree to remove such a link immediately.
Where access to restricted parts of this website is subject to more specific terms,
those terms apply instead.
Privacy Policy
Collection of information
We may collect information from you through your use of our website when you
request information from us or engage our services or purchase products.
By using any of our services, including our website, and providing us with any
personal information, you are consenting to the use of your personal information as
set out in this policy. Please do not send us any personal information if you do not
want it to be used in this way.
A number of areas on our website invite you to provide us with personal information.
For example, your names and email address. The purpose of the information
collection is apparent at the point that you provide your personal information.
If you sign up to receive a Curate Home newsletter you agree to receive information
relating to Curate Home. You can unsubscribe from our newsletter mailing list at any
time.
The Curate Home website uses server logs and web analytic tools (such as cookies
and other tracking technologies). Cookies are small text files that are downloaded to
your device by websites you visit. When you use this website these tools collect
information such as what browser and operating system you use, the internet protocol
address of the device you have used to access the website, search terms, your
location and what content you view when visiting our website. Cookies do not give us
access to your computer or any information about you other than the data you choose
to share with us.
You consent to and understand that your personal information may be transferred,
processed and stored outside of New Zealand if our website is hosted outside New
Zealand.
You can set your browser to block all cookies, including cookies associated with our
website, or to indicate when a cookie is being set by us. If you do set your browser to
reject cookies you may not be able to access all the features of the website.
Third party providers - Analytics
We may use third party Service Providers to assist us to analyse how our website is
used. These Service Providers have access to your personal information only to
enable them to perform these tasks on our behalf and they may not disclose it or use
it for any other purpose.
Google Analytics is a web analytics service offered by Google that tracks and reports
website traffic. Google uses the data collected to track and monitor the use of our
Service. This data is shared with other Google services. Google may use the
collected data to contextualise and personalise the ads of its own advertising
network.
You can opt-out of having made your activity on the Service available to Google
Analytics by installing the Google Analytics opt-out browser add-on. The add-on
prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing
information with Google Analytics about visits activity. See this link:
https://tools.google.com/dlpage/gaoptout
For more information on the privacy practices of Google, please visit the Google
Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Third party providers – Targeting and Remarketing
We may also use third party vendors for remarketing. This allows us to advertise to
you on third party websites after you leave our website. We may do this via cookies
and Facebook pixels located on our website.
Most third party vendors allow you to opt-out or amend your settings. You can do this
for Google by using the following link: http://www.google.com/settings/ads and for
Facebook by clicking here https://www.facebook.com/help/568137493302217
Some third party vendors allow us to create Custom Audiences feature so that we
can target advertising at you. If you wish to opt out of this please contact us.
Use of information
We will only use personal information that you provide to us for the purposes for
which you supplied it or, in exceptional situations, for other reasons permitted under
the Privacy Act 2020.
We generally do not share your personal information with others unless this is
necessary for the purpose for which you gave us the information. We may share your
information with any business that supports our services or products, including any
person that hosts or maintains any underlying IT system or data centre that we use to
provide this website or other services or products.
While it is unlikely, we may be required to disclose your information to comply with
legal or regulatory requirements. We will use reasonable endeavours to notify you
before we do this unless we are legally restricted from doing so.
We will take reasonable steps to ensure that the personal information about you we
collect, use or disclose is accurate, complete, up to date and stored in a secure
environment protected from unauthorised access, use, modification or disclosure.
Access to and correction of information
We will provide you with access to any personal information we hold about you. If it
is wrong please ask us to correct it. To ask for access and correction, see our
contact details.
Changes to our privacy policy
Curate Home may change this privacy policy from time to time in response to
changes to technology, our data collection practices or the law. All changes will be
posted to this website and may apply to previously collected information. Nothing in
this policy prevents Curate Home from passing on information gathered on this site to
any successor organisations.