1. Definitions
In these Terms and Conditions, unless the context indicates otherwise:
(a) “Agreement” means these Terms together with any Proposal, subscription activation, invoice, or online checkout confirmation relating to the Services.
(b) “Appointment” means a confirmed booking for Services, in-person or virtual, sent via email.
(c) “Booking” is the process of agreeing and scheduling Services with us.
(d) “Early Termination” means a cancellation inside the minimum contract term of Package or Membership.
(e) “Instalments” means the individual payment due under a Payment Plan.
(f) “Membership” means access to Services delivered over a defined minimum term, which may include recurring payments, digital content, or educational materials, paid for under a Payment Plan.
(g) “Minimum Contract Amount” or “Minimum Value” means the total price of the Package or Membership selected at the time of signing, regardless of whether all Services, sessions, appointments, or community access are attended, used or accessed.
(h) “Package” means a fixed number of Services to be delivered over an agreed period of time, whether in person or virtual, which may be paid in instalments under a Payment Plan.
(i) “Payment Plan” means the terms on which you will make recurring or instalment payments for Services, whether agreed through a Proposal, subscription activation, or online checkout.
(j) “Price” means the price for the Services indicated on the Proposal or an invoice issued by us.
(k) “Proposal” means our proposal, engagement letter or similar document provided to you detailing the Services, Price and any other key terms.
(l) “Services” means all Services we will supply to you under a Proposal or Invoice relating to skin, makeup, coaching or education, programs, or any other Services we agree to provide you from time to time which are not excluded by our Disclaimer at Clause 15.2(a).
(m) “Subscription” means an ongoing recurring access arrangement for Services activated through a Proposal, subscription activation, or online checkout that is billed at regular intervals as agreed.
(n) “Virtual” means any Service that takes place digitally or online, on a platform we choose.
(o) “We” or “Us” means Amélie’s Corner Limited and its successors and assigns.
(p) “You” means the person buying Services from us.
2. Warranties
2.1 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.
3. General Obligations
3.1 Communication Requirements
You agree to communicate with us promptly, honestly, and in good faith regarding any issues affected by your ability to meet your obligations under this Agreement. Failure to communicate does not relieve you of payment or performance obligation.
4. Affiliate Relationships
4.1 Partnership Disclosure
We maintain partnerships with selected clean beauty brands. Purchases through affiliate links may generate commission. All recommendations are based on professional judgment, regardless of affiliation status.
5. Dispute Resolution
5.1 Resolution Process
In the event of any dispute between the parties in relation to these Terms, the parties will first seek to resolve such dispute by promptly giving notice of such dispute to the other party and cooperatively endeavouring to resolve such dispute. If the dispute remains unresolved the parties may seek a resolution through the use of mediation prior to seeking resolution through the Courts.
6. Price
6.1 Payment Terms
You agree to pay the Price for the Service, inclusive of GST, if any.
6.2 Payment Methods
Payments are made by credit or debit card, on Stripe supported platforms, or by previously agreed arrangements.
6.3 Price Reviews
We reserve the right to review and change our pricing, which will be reflected in our next proposal to you.
6.4 Payment in Kind
We may agree to accept payment in kind instead of cash for some or all of the Price. However, if this agreement is terminated before we have redeemed some or all of the payment in kind, we will be entitled to invoice you for the Price on our usual terms.
7. Casual, In-person Services
7.1 Booking Requirements
Appointments can be booked online with 24 hours’ notice and up to 3 months in advance.
7.2 Deposit Policy
You agree to pay a 50% non-refundable deposit when booking your appointment with a credit or debit card.
7.3 Balance Payment
The remaining balance will be charged following your appointment.
7.4 Service Location
Services are provided at The Cocoon, our place of business in Hurdon, New Plymouth. The exact address is provided in your booking confirmation.
8. Membership Services, Virtual or In-person
8.1 Pricing
Membership prices vary depending on the payment plan selected.
8.2 Payment Method
Membership plans are paid by credit/debit card, using a Stripe based payment platform.
8.3 Service Delivery
Services are delivered through a combination of online platforms and/or in-person, as specified in the Proposal.
8.4 Access Details
Access details are provided upon completion of membership registration.
8.5 Recording Availability
When online, recordings are always available if unable to attend live.
8.6 Replay Access
Replay access may be subject to membership status.
8.7 Recording Provision
When Services are provided online, we shall provide you with a link to the recording at a website-based provider site as used by us from time to time.
8.8 Recording Retention
We shall endeavour to have online recordings available for at least 260 weeks. However, we do not guarantee that the link will be available for any specified amount of time, nor do we provide any warranties in relation to the service provided by the Provider. The recording may be removed by the Provider or us at any time.
8.9 Recording Privacy Disclaimer
We do not warrant that an online recording is private or secure. It is possible that the recording may be accessed by third parties. You consent to the recording being uploaded and acknowledge that the recording is not private or secure and may be viewed by third parties.
9. Online Community Membership
9.1 Online Community Access
Online Community access (including “Bubble” or any similar branded community) is a Membership Service providing access to digital content, live sessions, group interaction, and community features delivered via a third-party platform.
9.2 Scope of Services
Online Community access does not include individual coaching, clinical advice, or personalised treatment.
9.3 Access Activation
Access to the Online Community is granted upon activation of your subscription and continues in accordance with the subscription terms selected at the time of purchase. Where the Online Community subscription includes a minimum term, the Minimum Contract Amount applies in accordance with these terms.
9.4 Ancillary Access
Where Online Community access is included as part of a Package or Membership, such access is ancillary to that Package or Membership and does not have separate monetary value for refund or cancellation purposes.
9.5 Personal Access
Access is personal to you and must not be shared.
9.6 Subscription Options
Online Community access may be offered as:
- A standalone monthly subscription;
- A standalone annual subscription;
- Lifetime access; or
- Access included within a Package or Membership
The duration, renewal terms, and pricing applicable to you are those selected at the time of purchase or included in your Package. Where access is included within a Package, it has no separate monetary value and does not reduce the Minimum Contract Amount if unused.
9.7 Price Changes
We may amend subscription pricing for future billing periods upon notice. Any price change will not affect prepaid periods.
9.8 Lifetime Access Definition
“Lifetime access” means access for as long as the Online Community continues to be offered by us in its current or substantially similar form.
9.9 Payment and Access
Access to the Online Community is conditional upon payment being up to date. If a scheduled payment under a Payment Plan fails or remains outstanding, access may be suspended until payment is brought up to date, in addition to any rights stated in these Terms.
9.10 Suspension Does Not Waive Obligations
Suspension of access does not reduce or waive your obligation to pay the Minimum Contract Amount.
9.11 Community Conduct
You agree to participate respectfully and lawfully within the Online Community. We may remove or restrict access to any content, post, or participant where behaviour is disruptive, abusive, misleading, or inconsistent with the purpose of the community.
9.12 Removal and Refunds
Removal for conduct reasons does not entitle you to a refund and does not affect your payment obligations.
9.13 Third-Party Platform
The Online Community is delivered through third-party platforms which we do not control. We may change, migrate, or replace the platform at our discretion provided substantially similar access is maintained.
9.14 Platform Interruptions
We are not liable for interruptions subject to Clause 15.2(e).
9.15 Community Content
Community content, including live sessions and recordings may be made available at our discretion. We do not guarantee that recordings will be available indefinitely. All intellectual property in our community content remains our property or that of our licensors.
9.16 Privacy in Community
Participation in the Online Community may involve sharing information within a group environment. You acknowledge that while we take reasonable steps to maintain privacy and platform security, we cannot guarantee the conduct of other participants. Use of the Online Community remains subject to our Privacy Policy.
9.17 Agreement to Terms
By activating a subscription to the Online Community, you agree to be bound by these Terms.
10. Cancellations
10.1 Non-Refundable Deposit
The 50% deposit is non-refundable in all circumstances.
10.2 Rescheduling (72+ Hours)
We will endeavour to reschedule your booking if a request to cancel is received before 72 hours of a scheduled appointment for Service. If rescheduled, we will transfer your deposit to the new booking.
10.3 Late Cancellation (Within 72 Hours)
In person bookings cancelled within 72 hours of the scheduled appointment will be charged the full price of the Service.
10.4 Late Arrival
If you arrive more than 15 minutes after the appointment start time, we may cancel the Service, or at our sole discretion, undertake the agreed Services in the time remaining.
10.5 No-Shows
No-shows to in-person bookings will be charged the full price of the Service. No refunds.
10.6 Virtual Booking Refunds
Virtual bookings have no refund after the start of the Service.
10.7 Cancellation by Us
We may cancel any Services by giving notice to you in writing at any time and pay a full refund of any amounts paid by you in relation to the cancelled Services.
11. Rescheduling Services
11.1 Rescheduling Limit
At your request, we will reschedule your booking up to 2 (two) times before we cancel the booking. There is no refund of the 50% deposit paid at time of original booking.
11.2 Availability
Rescheduled bookings are subject to availability.
11.3 We May Reschedule
We may need to reschedule your Services to another date. If the new date is not acceptable to you, then you may cancel the Services by notifying us in writing, and we will provide a full refund of any amounts paid. If you accept the rescheduling, then you will not be entitled to any refund (in full or in part).
12. Packages and Memberships
12.1 Membership Duration
The duration of a Package or Membership is based on what is agreed in the Proposal for Services.
12.2 Advance Booking
Appointments can be booked 12-months in advance.
12.3 Payment Plan Setup
Payment plans are set up at time of signing the Membership or Package.
12.4 Payment Platform
Payment plans are established with credit/debit card on a Stripe supported platform.
12.5 Payment Intervals
Weekly payment option is typically proposed; additional intervals are available on request.
12.6 Booking Notice
Cocooning Services for members must be booked at least 7 days in advance.
12.7 Rescheduling
These bookings may be rescheduled with 24-hours advance notice.
12.8 Last-Minute Changes
Any appointment changes or cancellations within 24-hours deducts the Service from the total included.
12.9 Unused Services
Unused Services expire at the end of the Membership period.
12.10 Service Pause
Package appointments and associated Payment Plan instalments may be paused for up to six (6) weeks in total during the Package term, upon written request and approval. During an approved pause period, Services will not be delivered. The duration of the Package will be extended by the length of the approved pause. Instalments scheduled during the pause will be deferred and collected at the end of the original Payment Plan period. The total Price and Minimum Contract Amount remain unchanged.
12.11 Early Termination
If you request termination of a Package or Membership before the end of the agreed minimum term, you remain liable for the Minimum Contract Amount. Any unpaid balance required to meet that Minimum Value becomes immediately due and payable.
13. Payment Plan
13.1 Payment Obligation
You agree to pay the amounts owing by you under the agreement and in accordance with the Payment Plan.
13.2 Dishonoured Payments
We will provide you with notice if a scheduled payment fails (at which point it will become overdue) and will attempt to process payment again in accordance with our payment service provider’s terms.
13.3 Suspended Access
If a scheduled payment fails, access to Services may be suspended until payment is brought up to date.
13.4 Arrears
If any amounts owing by you are in arrears, such amounts will be immediately due and payable by you.
13.5 Debt Collection
We may engage a debt collection agency to recover any amounts owing by you under this Agreement. You will be responsible for any reasonable third-party costs actually incurred in connection with debt recovery, including legal and collection agency fees.
14. Termination
14.1 Termination Rights
If you fail to pay the Price or any amounts due in a Payment Plan, or are otherwise in breach of these Terms, we may, in our sole discretion, without prejudice to, and in addition to, any other rights and remedies, do any one or more of the following by written notice to you:
(a) suspend provision of the Services;
(b) cancel any Appointment;
(c) terminate (in whole or in part) the supply of the Services; or
(d) terminate these Terms.
14.2 Early Termination Costs
If this Agreement is terminated before the end of the agreed minimum term, for any reason, we may recover reasonable administrative and system costs directly resulting from early termination, to the extent that those costs are not already reflected in the Minimum Contract Amount. Any such administrative costs are payable immediately.
14.3 Minimum Payment Obligations
Regardless of how this Agreement is terminated:
(a) if your Payment Plan contains a minimum number of payments and you have not met the minimum number of payments at the payment amount specified in the Payment Plan; or
(b) if your Payment Plan contains a Minimum Contract Amount and the payments made by you are less than this amount,
You remain liable for the Minimum Contract Amount. Any unpaid balance required to meet the Minimum Contract Amount becomes immediately due and payable and constitutes a debt owing by you to us.
14.4 Credit Reporting
You acknowledge that we may disclose to a credit reporting body details of any amounts owing by you under this Agreement where these amounts are overdue by more than 60 days and the overdue payment relates to an amount of $150 or more.
15. Liability and other rights
15.1 Consumer Rights
Nothing in these Terms limits any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
15.2 Limitations and Exclusions of Liability
The following limitations and exclusions of liability apply in respect to an Other Rights you have:
Medical Disclaimer
Any makeup and skin care advice we provide as a result of the Services is not intended to be a substitute for any dermatologist or medical skin care advice. You agree that we are not providing medical or dermatologist advice in relation to skin care, allergies or any other medical matter whatsoever. Where you have an allergic or adverse reaction to a skin product or where you have indicated an allergy during your first appointment intake, it is your sole responsibility to consult your medical practitioner or a specialist dermatologist in the first instance. You agree that we are not liable for any medical consequences arising from allergic reactions or medical issues associated with the performance of the Services.
Privacy
We may use your personal information for purposes related to the supply of Services and, where you have provided consent, we may send electronic marketing messages to you. You may opt out at any time. You have rights under the Privacy Act 2020 to access any personal information that we hold and to request the correction of such personal information. In addition, you consent to us providing electronic marketing messages to you, unless you opt out by notifying us in writing or unsubscribing.
Ownership
You acknowledge that we are the owner or licensee of all intellectual property rights in the Services and any material, or content created in the course of performing the Services, including but not limited to PDF files, eBooks, digital illustrations, online educational materials, and Membership content. For the avoidance of doubt, we own all intellectual property rights in relation to any Video Recording.
Use
You shall not, except with our prior written permission, reproduce, copy, distribute, exploit for your own or any other commercial purposes any of the materials or content owned by us or any of our licensors, including any Video Recording, or otherwise infringe our intellectual property rights.
Events Outside Our Control
If any cause beyond our reasonable control including but not limited to telecommunications failure, power outage, internet interruption, 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.
Statutory Limits
To the maximum extent permitted by law, our total liability to you under or in connection with these Terms or the Services is limited to the amount paid by you for the relevant Services giving rise to the claim.
Notices
Any notice required under these Terms must be given in writing and may be delivered by email to the most recent email address provided by the receiving party. Notice sent by email are deemed received at the time of transmission, unless the sender receives an automated failure notification.
Assignment
You will not assign or otherwise transfer or encumber your rights or obligations under these Terms except with our prior written consent.
Waiver
No waiver of any provision of these Terms will serve as a waiver of any other provision of these Terms nor as a continuing waiver of such provision and We will not have waived or deemed to have waived any provision of these Terms unless such waiver is in writing and signed by Us.
Survivorship
Termination of these Terms for any reason will not affect such rights and obligations of the parties as are intended to survive the termination.
Variation
No alteration or variation of these Terms will be binding on us unless we authorise in writing.
No Partnership
These Terms do not create any relationship of partnership, agency or joint venture between the parties.
Severability
Should any part or provision of these Terms be held unenforceable or in conflict with any applicable laws or regulations, the invalid or unenforceable part or provision will be replaced with a provision which accomplishes, to such extent as possible, the original business purpose of the part or provision in a valid and enforceable manner, and the remainder of these Terms will remain binding on the parties.
Counterparts
These Terms may be executed in counterparts (which may be electronic or facsimile copies) and all of which, when taken together constitute the one document.
Entire Agreement
These Terms constitute the sole understanding of the parties and supersedes all prior understandings, written or oral, which will be of no further force or effect.
Governing Law
These Terms are governed by the laws of New Zealand. The courts of New Zealand have exclusive jurisdiction to resolve any dispute arising under or in connection with these Terms or the Services.
Amendments
We may amend these Terms at any time, by notifying you in writing or displaying our new Terms on our Website. The amended Terms will apply to any new Proposal, Package, Membership, or engagement entered into after the amendment takes effect.