Terms and Conditions of Membership

Ensemble Terms of Membership

1. These are the terms (“Terms”) which apply when you purchase Ensemble membership or make a one-off donation to support the development of our website content.

1.2 By signing up to become an Ensemble Member, or making Contributions to us, you accept and agree to be bound by these Terms.  

1.3 These Terms were last updated: 1 August 2020.

2. Changes to these Terms

2.1 We may change these Terms at any time, effective upon publishing these Terms on this page, so we encourage you to check this page from time to time. By continuing to make Contributions to us after that notification, you agree to be bound by the Terms as amended.

3. Payments and Contributions

3.1 By becoming an Ensemble Member or making a one-off donation you can use a payment card, like a credit card, to make Contributions to us.  Once processed, all Contributions are unconditional and non-refundable.  

3.2 You can choose whether to pay for your membership in one payment or across 12 (months). If you choose to make monthly Contributions you agree to a recurring payment plan that automatically charges your nominated sum to your designated credit card each month. You also have a choice of a one-off donation, that doesn’t bring membership perks but also supports the work we do.

3.3 Your membership entitles you to VIP discounts, access and events from participating designers on certain dates. These dates will be communicated to you via membership emails.

3.4 Some of these events may be restricted to guests over the age of 18. If you are under 18 years of age and purchasing a membership you understand you may not be able to access all the benefits.

3.5 Membership is strictly non-transferable. The sharing of any information around discount codes or anything else we specify as members only is prohibited and may result in membership being revoked without refund.

4. Your card transactions

4.1 Your payment card transactions will be securely processed by Stripe Inc, a third party payment processor, and are subject to Stripe’s Terms of Service (available at stripe.com/us/legal).  Stripe maintains procedures to protect information stored on their servers, as outlined in Stripe’s own privacy policy at stripe.com/us/privacy.  We do not store your payment card details.

4.2 Stripe alone is responsible for processing your payment card transactions.  To the extent legally possible, we exclude all liability for, and assume no responsibility for, such transactions.

5. Tax

5.1  Any Contributions that you kindly make to us are koha.  They will not be tax deductible.  

6. Your information

6.1 It is your responsibility to:

(a) make sure all information you provide to us is complete, accurate and current when you purchase an Ensemble membership (including maintaining and updating that information to ensure it remains accurate)

(b) Safeguard your login and password details.  You agree not to share your password with anyone else.

6.2 We will take reasonable steps to keep your account secure and protect it from unauthorised access.  However, if someone else uses your Ensemble Member account, we will not be liable in any circumstances for any loss or damage incurred.  You agree that both we and Stripe are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process your Contributions or action requests made through your Ensemble Member account.  

6.3 You agree to let us know immediately if you suspect or become aware of unauthorised access to your Ensemble Member account.

7. Account cancellation

7.1 Membership terms are for a 12month duration. Whether making a one-off payment or paying it off monthly you are liable for the full amount

7.2 We may suspend or cancel your Ensemble Member account (including any aliases) without notice at any time in our sole discretion if you violate our Terms and Conditions.  If we suspend or cancel your Ensemble Member account, you must not create another one without our prior approval. 

7.3 If your Ensemble Member account is cancelled or deleted, you will not be able to make any further one off, monthly or annual Contributions.  In addition, your data may be deleted immediately.  Your data cannot be recovered once deleted and we are not liable for any loss or damage as a result of the cancellation of your account.  

8. Intellectual Property

8.1 We own (or have obtained the rights to use) all data and all intellectual property rights existing in or created through the Ensemble website and your Ensemble membership, including all underlying software code, and any improvements, enhancements, modifications or adaptations of it.

9. Liability

9.1 Your use of the Ensemble website and your making of Contributions is at your sole risk.    

9.2 Nothing in these terms restricts any rights that you may have under the Consumer Guarantees Act 1993.

10. General

10.1 These Terms are governed by New Zealand law.  You submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms. 

10.2 These Terms constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us and you, in relation to your use of the Ensemble Website or your Ensemble Member account.

10.3 If any provision of these Terms is declared invalid, unenforceable or in conflict with law, that provision is restricted or deleted to the minimum extent, so that these Terms otherwise remain in full effect.

10.4 If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.

10.5 The headings used throughout these Terms are provided for convenience and do not affect the meaning of these Terms.

11. Definitions

11.1 Within these Terms, the following definitions apply:

(a) “Contribution” and “Contributions” means the one-time and/or monthly or annual payments that you make to us;

(b) “Ensemble Member account” means an account that you create, so as to make Contributions to us.

(c) “User”, “you” and “your” means anyone who creates an Ensemble Member account;