Use of the Site
My Waiheke [MW] grants you a non-transferable, revocable and non-exclusive license to use this site in accordance with these terms and conditions.
No service fees are charged to users for use of the site. However MW reserves the right to review and amend its service fee policy for users at any stage. This may include the addition of standard fees for access to the site or new services, which may be offered in the future. If we change our service fee policy, we will place notices on the site to alert you to the changes.
This site is intended for personal use only and may only be used to facilitate organisation of your wedding or event, including accessing suppliers and advertisers use of the online tools. You must not use this site for any other purpose.
You must not in any way intentionally interfere, attempt to interfere or cause or permit interference with this site or its normal operation. You must not take any action or cause an action that creates an unreasonable load on our computer equipment.
You must not in any way (including by use of any spider, crawler or other automated device or any program having similar functionality, or manually) monitor or copy this site or any data or content found on it.
You must not use this site or anything appearing on it to violate any laws of any kind.
MW may, but has no obligation to, remove content that we determine in our sole discretion is inappropriate. This includes, but is not limited to, content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or the terms and conditions.
You must not in any way intentionally interfere, attempt to interfere or cause or permit interference with any listings, homepages or other uses of this site other than your own.
Without limiting any other rights and remedies available to us, if you breach any of these Terms and Conditions we may limit your activities on the site, remove your listings, warn other members of your actions, issue a warning to you, suspend or terminate your rights for use, or refuse to provide our services to you.
MW reserves the right to decline to allow you access to, or use of, the site, for any reason whatever.
Advertiser information and links
The site provides a facility for our advertisers to advertise their products and services on the site and for users to contact and deal with such advertisers directly, whether through links to the advertisers’ own websites or by other means. We are not responsible for the accuracy of any such advertisements or content relating to such advertisers, nor for the accuracy of any content on the advertisers own sites.
No responsibility for your dealings with advertisers
MW does not act as the agent of any advertiser which advertises its products or services on this site. Any communications or contracts formed with such advertisers are a matter strictly between you and the advertiser. You must form your own judgment as to the suitability of any advertisers’ products or services for your purposes. MW disclaims absolutely any responsibility or liability in respect of any dealings you may have with any advertisers on this site.
You agree and acknowledge that
MW gives no assurance or guarantee as to any matter contained or implied in the site (including information submitted and listed by suppliers, advertisers or other users;
MW is not responsible for ensuring that any user, supplier or advertiser is able to perform its obligations to provide to you services or advice; and
Any dealings between you and any advertiser on this site is a matter strictly between you and the advertiser and the resolution of any problems with such advertisers must be taken up directly with such advertisers.
If a user, supplier or advertiser refuses to confirm or repudiates any contract arising from use of the site, or suffers any loss or damage as a result of a breach by the other party, MW will not be responsible for any loss or damage sustained by you or any of them.
User information and access
You warrant that you have provided complete, accurate and current information when required as part of your use of the site.
You must not send us anything or post anything on this site which infringes the rights of others or which contains a virus or other harmful item or which is unlawful, indecent, threatening or offensive or which could in any way create any liability on us or could cause us to lose the services of our internet service provider or any of our customers.
Emails and Marketing
At various times we will contact users via electronic or physical communications. This may include newsletters, promotion offers, updates and general communications from us when we believe the communications are of value to you. Communications will include clear instructions on how to be removed from the user communication list.
General Conditions
Your use of the site is at your sole risk. The service is provided on an “as is” and “as available” basis.
MW may, but has no obligation to, remove content that we determine in our sole discretion is inappropriate. This includes, but is not limited to, content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the terms and conditions.
By agreeing to the terms and conditions, you acknowledge that the technical processing and transmission of the service, including any content associated with the site, may be transferred unencrypted and involve; transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMS, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
Liability
To the maximum extent permitted by law any and all liability and responsibility of MW to you or any other person in connection with these terms and conditions, or in connection with, this site, another user’s acts or omissions, or your use of or inability to use, this site, statements made by or conduct of any supplier, advertiser or other third party on the service; is excluded however such liability arises.
Governing law
These terms and conditions and your use of the site are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of all matters arising regarding MW and your use of the site
Planning and Styling Terms and Conditions
1. Scope of Services
1.1 My Waiheke is engaged in the business of wedding and event planning and styling and offers services based on extensive experience and industry connections.
1.2 My Waiheke recommends the use of its preferred suppliers, who have demonstrated a high level of professionalism and service. However, the final decision to engage such suppliers rests with the Client.
2. Communication and Correspondence
2.1 All formal correspondence shall be conducted via email for purposes of clarity and record-keeping.
2.2 Queries may be submitted via email at any time; however, responses will typically be consolidated and discussed during the next scheduled consultation, unless time-sensitive in nature.
2.3 Phone consultations shall be scheduled in advance. A response time of 24–48 business hours applies, which may be extended during peak event seasons (Thursday–Sunday, summer months).
3. Design and Creative Discretion
3.1 My Waiheke shall use best efforts to execute the Client’s vision based on mutual discussions. However, My Waiheke retains sole discretion to make necessary real-time decisions on the day of the event to preserve the integrity and flow of the event.
3.2 Up to three (3) redesigns or re-quotes are included free of charge. Each additional redesign will incur a fee of NZD $150.
3.3 No further changes to design arrangements will be accepted within two (2) months of the event date, unless such changes are additions. Final confirmation of event details shall occur two (2) months prior to the scheduled event.
4. Payments and Invoicing
4.1 A non-refundable deposit of fifty percent (50%) of the total contract value is required to confirm any booking. The remaining balance shall be payable no later than seven (7) calendar days before the scheduled event date.
4.2 Bookings made less than thirty (30) days prior to the event require payment of one hundred percent (100%) of the total cost upon booking.
4.3 All pricing is exclusive of Goods and Services Tax (GST) at the prevailing rate of 15%, unless stated otherwise.
4.4 Payments are accepted via bank transfer or credit card (via PayPal), the latter subject to a 4% processing fee.
4.5 For rescheduled or postponed events, an additional 25% of the remaining balance is due 60 days prior to the rescheduled date, with the final balance due 7 days prior to the event.
4.6 Late payments will accrue interest at a rate of ten percent (10%) per month. My Waiheke reserves the right to cease services and recover all reasonable costs incurred for debt recovery.
5. Date Changes and Postponements
5.1 In the event of a date change, a new contract and proposal will be issued, subject to availability. A further deposit of 25% of the total event value is required to secure the new date.
5.2 All non-refundable and non-transferable expenses incurred prior to the date change remain the sole responsibility of the Client.
5.3 Postponements must occur within twelve (12) months of the original event date. Events postponed beyond this period shall be treated as new bookings, subject to revised pricing and fees.
5.4 Only one (1) postponement is permitted. Additional postponements shall not be accepted unless otherwise agreed in writing.
6. Cancellations and Force Majeure
6.1 In the event of cancellation for any reason, including force majeure, all payments made to date are non-refundable.
6.2 Cancellations within thirty (30) days of the event shall result in the Client being liable for the full
outstanding contract amount.
6.3 All cancellations must be made in writing via email and shall be effective upon confirmation of receipt.
6.4 In circumstances deemed force majeure—including, but not limited to, natural disasters, civil unrest, pandemics, war, terrorism, or government-imposed restrictions—My Waiheke may allow for the event to be rescheduled within twelve (12) months, subject to availability and written agreement. Refunds under force majeure are discretionary.
7. Photographic Rights and Promotion
7.1 The Client agrees to provide My Waiheke with access to professional event photographs for promotional use. My Waiheke may use behind-the-scenes images and selected event photos for advertising, web, print, and social media purposes unless expressly prohibited in writing.
7.2 If any aspect of the event is submitted for publication, My Waiheke must be credited accordingly.
8. Third-Party Vendors and Hire Services
8.1 My Waiheke may recommend and/or liaise with third-party vendors; however, the Client contracts directly with such vendors and is solely responsible for reviewing and accepting their terms.
8.2 My Waiheke is not liable for non-performance, damages, or disputes arising from third-party vendors or their agents, though reasonable efforts will be made to mediate any issues.
8.3 All hire items are subject to either My Waiheke’s hire terms or those of the relevant third-party supplier. Damage or loss of hire items shall be charged to the Client at replacement value.
8.4 The Client shall provide accurate contact information for any personal participants (e.g., friends or family performing roles at the event) and authorises My Waiheke to liaise with them to ensure seamless coordination.
9. Damage and Indemnity
9.1 My Waiheke shall not be liable for any loss or damage to personal property, equipment, furniture, clothing, or valuables belonging to the Client or guests.
9.2 The Client accepts full responsibility for any damages caused by the Client, their guests, or agents.
9.3 The Client shall indemnify and hold harmless My Waiheke against all claims, liabilities, damages, and costs arising from any breach, negligence, or failure to comply with this Agreement by the Client or their agents.
10. Limitation of Liability
10.1 The Client acknowledges that all services are undertaken at their own discretion and risk.
10.2 My Waiheke’s total liability, whether in contract, tort (including negligence), or otherwise, shall be limited to the total amount paid by the Client under this Agreement.
10.3 My Waiheke shall not be liable for any indirect, consequential, or special damages, including loss of enjoyment, emotional distress, or reputational harm.
11. Termination and Breach
11.1 My Waiheke reserves the right to terminate this Agreement immediately if the Client fails to meet contractual obligations, including payment or communication requirements.
11.2 Upon termination, all payments made shall be forfeited and any outstanding balances shall become immediately due.
12. Dispute Resolution and Conduct
12.1 Any concerns or complaints shall be submitted in writing via email to hello@mywaiheke.co.nz within twenty-one (21) days following the event.
12.2 Both parties agree to refrain from public disparagement, including on social media platforms, and to engage in good faith discussions to resolve any disputes privately.
13. Entire Agreement
13.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and understandings.
13.2 No amendment or modification to this Agreement shall be valid unless in writing and signed by both parties.
13.3 This Agreement is non-transferable without the prior written consent of My Waiheke.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of New Zealand, and any disputes shall be subject to the exclusive jurisdiction of the courts of New Zealand.
By paying the initial deposit, the Client confirms that they have read, understood, and accepted the above Terms and Conditions in full.