Terms + Conditions

Please read these terms and conditions carefully before using our Service.

Last updated on 16 November 2022

1. How to read these Terms and Conditions

1. For the purposes of these Terms and Conditions:
   Account means the online login portal through which customers can manage their subscriptions, accessible at www.shepherdess.co.nz.
   Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
   Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
   Events means any concert, conference, meeting, forum, symposium, festival, or other gathering organised or hosted by us, including those hosted both in-person and online.
   Magazine means our regularly published periodical publications, including Shepherdess.
   Privacy Policy means our privacy policy, as updated from time to time, which can be found on our Website.
   Service refers to any goods and services provided to you by us.
   Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between us and you regarding the use of the Service.
   "We", "Us" or "Our" in this Agreement) refers to Muster Vibrant Rural Communities Limited.
   Website refers to Shepherdess and Shepherdess Muster, accessible from www.shepherdess.co.nz and www.shepherdessmuster.co.nz, along with any other websites we may publish.
   you means the individual accessing or using the Service or the legal entity on behalf of which such individual is accessing or using the Service, as applicable.
2. The above definitions shall have the same meaning regardless of whether they appear in singular or in plural.

2. You agree to be bound by the Terms and Conditions

1. These are the Terms and Conditions governing the use of any Services and the agreement that operates between you and us.
2. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
3. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
4. By accessing or using the Service, you agree to be bound by these Terms and Conditions.
5. If you disagree with any part of these Terms and Conditions, then you may not access the Service.
6. You represent that you are over the age of 18, or have the consent of a legal guardian to use the Service. If you are under the age of 13, you must not use the Service without the assistance of a parent or guardian.
7. Your access to and use of the Service is also conditional on your acceptance of and compliance with our Privacy Policy, which is set out below.

3. When you subscribe to our Magazines

1. If you subscribe to a Magazine, your subscription will start when the next edition of the Magazine becomes available for sale, unless otherwise agreed between you and us at the time of subscription.
2. You may cancel your subscription at any time, in which case payments made in advance will be refunded, however, this does not apply where:
   1. we cancelled your subscription because of your breach of these Terms and Conditions; or
   2. the amount to be refunded is less than $10.00.
3. If you do not receive a copy of the Magazine you have subscribed to, you must contact us. We may, at our discretion, arrange a replacement magazine to be sent to you.

4. When you buy goods from us

1. We will not be obliged to accept any order for goods you place through the Service until we confirm to you that we have accepted the order and that the goods have been sent to you.
2. We may at our complete discretion choose to reject any order you place. If you have already paid for the goods, we will refund you the full amount including any delivery costs charged as soon as possible.
3. Once we have confirmed acceptance of your order, we will contact you with an estimated delivery date. You accept that the estimated delivery date will be an approximate only and that we cannot guarantee timeframes for delivery.
4. All orders are subject to availability from time to time, which we do not guarantee.
5. Delivery will be deemed to be completed when we hand goods over to our carrier, and the goods will be your responsibility from that time.
6. You acknowledge that we may rely on information from our suppliers and product manufacturers for the goods. We are not liable or responsible for the descriptions, illustrations and literature supplied with the goods by them or to us by them

5. If you buy tickets to one of our events

1. By purchasing a ticket or a licence to use tented accommodation provided by us, you agree to adhere to these Terms.
2. Entry to our Events is subject to compliance with these Terms.
3. All attendees at Events must purchase a ticket in advance. There will be no door sales.
4. All attendees must be aged 18 or over (unless we make an exception, at our discretion, for young infants). You acknowledge that our Events are organised for the benefit of rural women.
5. No alcohol is to be brought to our Events. Alcohol may be available for purchase.
6. You must comply with any health and safety requirements as communicated by us from time to time, whether in writing or verbally. Non-compliance with our health and safety requirements may lead to us removing you from the Event. If you are removed from our Event, you will not be entitled to a refund or any other compensation.
7. You acknowledge that you are responsible for your personal belongings and that any loss or damage to your personal belongings at an Event is at your own risk.
8. On arrival to our Events, we may, at our discretion, require you to present photo identification.
9. By attending our Events, you acknowledge that we, and our contractors and employees, may take photographs and audio and visual recordings (“Promotional Material”) at the Events and that you may be captured in these. You irrevocably consent to us giving publicity to the Promotional Material and its use in our marketing, reporting and other publishing as we think fit.
10. Subject to clauses 6 and 13, we do not offer refunds on tickets to Events. We may, in our discretion, assist you to find a purchaser for the tickets from among those who have joined any waitlist that we have established.
11. Tickets to our Events are transferable only with our consent. Your ticket may have been discounted and so a condition of our consent may be the transferee paying to us the difference in ticket prices that would have been payable by the transferee if the transferee were the original purchaser.

6. Charges and refunds

1. We reserve the right at any time to charge fees in consideration of the Services or the Services as a whole.
2. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Any prices notified by us will be exclusive of delivery costs unless otherwise stated.
3. You may cancel your account at any time. All new fees, if any, will be posted on the Website and in other appropriate places.
4. You will pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider.
5. All fees and charges will be billed to and paid for by you. You will pay all applicable taxes relating to use of the Services through your account.
6. You acknowledge that, at the time you create your account, your subscription will be set to automatically renew annually, or biannually if you order a two year subscription. At any time, you may turn off the automatic renewal of your subscription.
7. Payment by credit card may incur an additional fee.
8. All subscription prices are in New Zealand dollars.
9. You understand that under the Consumer Guarantees Act 1993, we are not obliged to refund if you change your mind or find a product we sell cheaper somewhere else.

7. We have a Privacy Policy

1. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Website and tells you about your privacy rights and how the law protects you.
2. This clause 7 applies to personal information (information about an identifiable individual) we collect about you when you visit and browse the Website.
3. When you visit the Website, we collect some non-personal information, such as the IP address from which you accessed this website, the date and time you are visiting, the pages you accessed, the type of browser and operating system you use, and terms you use to search for content on our site. This information cannot be used to personally identify you. We use it for the purposes of system administration, auditing use of the site and improving it for different customer profiles, and for our internal reporting.
4. Our website relies on the use of cookies, which are small files stored on the hard drive of your computer. We recommend you enable cookies in order to enjoy our website, but it is up to you whether you enable them or not. Not all features of our site may be available if you do not enable cookies.
5. If you choose to provide us with personal information such as your email address, for example by filling out an electronic query, we will use the information only for the purposes that you authorise it to be used for. We will send you email marketing to that email address if you agree to us doing so. If you wish to unsubscribe from any email marketing communications you have previously agreed we can send you, you can:
   1. follow the unsubscribe instructions in the email; or
   2. phone or write to us using the contact details in that email message.
6. When you provide us with personal information, we are obliged to comply with the provisions of the Privacy Act 2020 (the “Act”). We will collect, hold, use and disclose that information in accordance with the principles set out in the Act. This means we will:
   1. use personal information only for the purpose we collect it for;
   2. retain that information only for so long as necessary to fulfil the purpose for which we have collected it; and
   3. disclose or release it to a third party only where we are required to or we are permitted by law to do so, if you have authorised the release or disclosure, or where it is the purpose (or a directly related purpose) for which the information was collected.
7. Where we collect or receive personal information from you (such as when you use the Services, purchase tickets to Events or complete any surveys), you authorise us to use that information for the purposes of reflecting on the Event or reporting to our sponsors.
8. If you think we have breached the Act or you would like to find out more about our obligations, information is available on the Privacy Commissioner’s website at www.privacy.org.nz.
9. If you wish to enquire about personal information we hold about you (if any) you can contact us at hello@shepherdess.co.nz

8. Registration and Security

1. As part of any registration or account creation process, you will create login credentials by selecting a password and providing an email address. You also have to give us certain registration information, all of which must be accurate and updated.
2. Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of ours. You may not:
   1. select or use the login credentials of another person with the intent to impersonate that person;
   2. use login credentials in which another person has rights without such person’s authorization; or
   3. use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing will constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.
3. Please notify us of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information.
4. You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

9. Links to other websites

1. We may link to third-party web sites or services that are not owned or controlled by us.
2. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
3. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
4. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

10. Termination

1. We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
2. Upon termination, your right to use the Service will cease immediately.

11. When you are a business

1. You acknowledge that the Consumer Guarantees Act 1993 or any equivalent consumer protection legislation will not apply where you purchase any Products or Services for the purposes of a business.

12. Subcontracting by us

1. We may subcontract provision of the Services to third parties, who may deal with you directly. We will remain responsible to you for the performance of the Services.

13. Events beyond our control

1. We will not be liable to you for any loss or damage, directly or indirectly arising out of or in connection with any delay in provision of the Services, or failure to perform any term of these Terms and Conditions where such delay or failure is outside the our reasonable control, including but not limited to:
   1. an act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
   2. riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to our employees or our Subcontractors; or
   3. acts or threats of terrorism.
2. Where we cancel or postpone an Event in good faith in response to any judgment on our part that this is necessary or desirable in view of public health or safety considerations or adverse weather conditions, that will be deemed to excuse performance under clause 13.1 and we will not be obliged to offer refunds on any tickets.

14. Intellectual property rights

1. We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world.
2. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged in relation to such content.
3. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us.

15. Limitation of Liability

1. Notwithstanding any damages that you might incur, the entire liability that we and any of our suppliers have under any provision of this Terms and your exclusive remedy for all of the foregoing will be limited to the amount actually paid by you or $100.00 if you haven't purchased anything from us.
2. To the maximum extent permitted by applicable law, in no event will we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if we have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
3. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law. This does not detract from the jurisdiction provisions of clause 16 below.

16. Governing Law

1. The laws of New Zealand, excluding its conflicts of law rules, will govern these Terms and your use of the Service.
   Your use of the Service may also be subject to other local, state, national, or international laws.

17. Disputes Resolution

1. If you have any concerns or disputes about the Services, you agree to first try to resolve the dispute informally by contacting us.

18. Severability and Waiver

1. If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
2. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions will not affect a party's ability to exercise such right or require such performance at any time thereafter nor will the waiver of a breach constitute a waiver of any subsequent breach.

19. Translation Interpretation

1. These Terms and Conditions may have been translated if we have made them available to you on our Website. You agree that the original English version will prevail in the event of a dispute.

20. Changes to These Terms and Conditions

1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 10 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
2. By continuing to access our Website or use the Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

21. Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email at hello@shepherdess.co.nz