This website is operated by Bar Hero. Throughout the site, the terms “we”, “us” and “our” refer to Bar Hero. Bar Hero offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These Terms and Conditions of booking set out our obligations to your commitments to us when you book a Time Slot in a third party venue with us. These obligations, combined with the information contained on your ticket, are the basis of our contract with you. It is important that you read through the Terms and Conditions before you book a Time Slot. It is important to understand that these Terms and Conditions apply for all Time Slots whether you have chosen to read them or not, and they are applicable to all the persons attending the booked Time Slot.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Definition and Interpretation
Arrangements means the date, time and other details of the Time Slot booked through us for a Third Party Supplier in accordance with this agreement or any other agreement between you and us.
Booking means the Arrangement you made with us for the Time Slot as detailed within your Ticket.
Time Slot means a designated time and duration in a Third Party Supplier’s venue.
Organiser means the person who makes a Booking on behalf of the entity named on the Ticket and who will be our point of contact (and any substitute for this person).
Ticket means confirmation of your Booking with us or Third Party Supplier containing the Arrangements for the Time Slot.
Ticket Price means the amount charged for the Time Slot as advised to you by our Booking Agent at the time of Booking.
Third Party Supplier means the owners, managers or operators of a venue listed and available for booking.
In writing means by facsimile, email and/or letter.
You, Your or Party means the entity named on the booking form.
We, us and our means Southern Legends Ltd T/A Bar Hero and its associated entities. It also includes reference to our employees, agents, affiliates and related third parties.
Registration & Security
To register with Bar Hero and purchase goods from our Website you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You must give us your real name, phone number, email address and any other details that we may require to process your booking.
We reserve the right to decline a new customer registration or suspend a customer’s account at any time and at our sole discretion.
Bar Hero reserves the right, in our absolute discretion, to terminate your access to all or part of the services with or without notice.
Bar Hero reserves the right in our absolute discretion to discontinue the Website or services, or any part thereof, at any time, with or without notice.
Bar Hero may change the Website or delete features in any way, at any time and for any reason.
You may not use the Website for any of the following purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorised access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Website.
- Breaching any laws concerning the use of public telecommunications networks.
- Interfering or disrupting networks or websites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- Engaging in technically harmful behaviour, which includes but is not limited to:
- computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.
Bar Hero reserves the right to refuse to post material on our Website or to remove material already posted on the Website.
You must be over the age of 18 to make a booking with us for a Time Slot.
The only legal identification that will be accepted is a valid NZ driving license, 18+ HANZ card or a valid international passport. We and/or Third Party Suppliers reserve the right to exclude you from the Time Slot should you provide false proof of age documents.
To book a Time Slot with us you must making a Booking with us and pay the Ticket Price. By paying the Ticket Price, you confirm the accuracy of all information you have provided to the Booking Agent (including that you are over the Age of 18) and you accept these Terms and Conditions on behalf of yourself and any other members of your group particularised on the Ticket.
The Terms and Conditions constitute the entire Agreement between you and us. It must be understood that if you make a Booking via telephone or internet, you accept our booking Terms and Conditions.
If making a Booking for a group, you must appoint an Organiser. You accept that the Organiser has the authority to deal with us on your behalf.
If for any reason there is a change in the Organiser, you should notify us In Writing immediately.
You must check all documents (including any tickets or vouchers) that we send to you and contact us at once if any information on the Ticket or any other document appears to be inaccurate, incorrect or incomplete.
We are an independent company that makes Arrangements with the Third Party Suppliers. We are not agents or representatives of any Third Party Suppliers used for the Arrangements and we accept no liability for any warranties provided by any Third Party Suppliers or other third parties.
You acknowledge that we are event planners only and are independent to that of the Third Party Suppliers used for the Arrangements. You acknowledge that the Third Party Supplier is entirely responsible for supplying the products or services to you.
We are in no way the supplier of the products and services, and to the extent permitted by law, we are not liable for any failure by the Third Party Supplier to provide the products or services, nor for any act, error, omission, default or negligence of the Third Party Supplier.
We do not warrant the accuracy of any information, statements or representations made by Third Party Suppliers.
By making the Booking you acknowledge that you are purchasing a Time Slot only and are not purchasing entry into the Third Party Supplier venues, alcoholic beverages or any other Incentive Benefit offered by the Third Party Suppliers.
Some Third Party Suppliers may provide Incentive Benefits to you. The Incentive Benefits are independent to that of the Time Slot and are provided at the sole discretion of the Third Party Suppliers. The Third Party Suppliers reserve the rights to amend or cancel any Incentive Benefits offered. You acknowledge that the Incentive Benefits are not part of the Ticket Price or Booking.
Amendments to Terms
We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on our website and to you In Writing. Your continuation with the Booking will represent an Agreement by you to be bound by the Terms and Conditions as amended.
Payments to Us
Bookings are not confirmed or guaranteed until the Ticket Price has been paid and the Ticket has been issued to you.
The Organiser is responsible for ensuring that everyone within the group is aware of the Terms and Conditions and that they are provided with a copy of the Terms and Conditions.
Tickets are non-refundable if you simply change your mind. Tickets may not be re-sold at cost or premium, or used for advertising, promotion or other commercial purposes, without our prior written consent. You acknowledge that we are not required to provide you with a refund under the New Zealand Consumer Law if you are unable to attend the Time Slot, or simply changed your mind.
No Ticket will be issued until the Ticket Price has been paid.
If you or any member of your group changes their mind, decide not to attend/are unable to attend or are required to depart early from the Arrangements, no refund will be provided.
Changes By You
All changes must be requested In Writing by you or the Organiser. We will make every effort to accommodate your changes but we may not always be able to do so.
Adding additional group members after the Ticket has been issued is subject to availability. However, we will make every effort to accommodate your request.
In order to change a Booking, you acknowledge that you may incur a charge. The change that you require cannot be guaranteed and is subject to availability.
Changes By Us
If we have to make a significant change to your Arrangements at any time we will inform you as soon as possible.
We reserve the right at any time to cancel or change any Arrangements made, and to substitute alternative Arrangements, without accepting liability.
If you are unsatisfied with the alternative arrangements referred to in clause 8.2 (above) you must advise us In Writing within seven (7) days of being notified of the alternate arrangements. If you fail to notify us, no refund will be provided and any deposit paid will be deemed abandoned. If the parties are unable to agree upon the alternative arrangements, then a full refund will be provided.
We reserve the right to cancel any Arrangement, itinerary or tour (before the commencement date of the Arrangement), due to force of nature, health concerns or any other reason outside of our control that we, in our absolute discretion, may determine. Force of nature events include (but are not limited to) war or threat of war, riot, civil strife or unrest, act of god, strikes, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, technical or maintenance problems with transport, changes imposed by rescheduling or cancellation of flight or transport by airline or road traffic conditions, or any other event that is beyond the reasonable control of us.
If, in the opinion of us, your health or conduct before or after departure for the Time Slot appears likely to endanger the safe, comfortable or happy progress of the Time Slot, you may be excluded from all or part of the Time Slot, in which case no refund shall be made to you.
If, in the opinion of us, you behave in such a way as to cause or be likely to cause danger, annoyance or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the Time Slot in so far as they relate to you. In this situation, you will be required to leave the Time Slot. We will have no further responsibility towards you, no refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
If you suffer from illness or disability or are undergoing treatment for any physical or medical condition, you must declare the true nature of such condition at the time of booking, and make arrangements for the provision of any medication or other treatment required during the Time Slot. Failure to make such disclosure to us at the time of Booking will constitute a breach of these Terms and Conditions and result in you being excluded from the Time Slot without refund.
You agree to observe and obey all rules and warnings provided by us, our employees and/or agents, and further agree to follow any oral instructions or directions given by us, our employees and/or agents.
You acknowledge that there may be some inherent risk associated with the Arrangements.
You assume full responsibility for personal injury to yourself, injuries to others and further release and discharge us from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which you may have or for this document would, could or might at any future time have or have had against us in respect of or arising out of either directly or indirectly the services we provide.
You agree to accept responsibility for, indemnify us, and pay for, all damage caused to any Third Party Supplier facilities visited as part of the Time Slot caused by your neglect, reckless or wilful actions. Full payment for any such damage or loss must be paid at the time direct to the Third Party Supplier. If you fail to do so, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions.
You agree to and hereby assume all risk, dangers and hazards associated with use or participation in the Arrangements, including the possible risk of severe or fatal injury to others. In addition to the foregoing, these risks include but are not limited to the following:
- the risk associated with travel to and from venues and locations included in the Arrangements;
- intoxication and/or alcohol poisoning from the alcohol you consume;
- the possibility of bodily injury; and
- being in altercations with others (which is not condoned or tolerated by us).
You agree to indemnify us from all third party actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute as a result of your behaviour and actions.
You acknowledge that you are solely responsible for any and all property brought on the Time Slot and we will not be held liable for any damage caused to any property brought by you on the Time Slot.
You must adhere to the current laws of New Zealand.
We support the responsible service and consumption of alcohol. Licensing laws prohibit the service of alcohol to underage and unduly intoxicated persons. The management of all Third Party Suppliers have the right to refuse service to you and your group if you are displaying disorderly, aggressive, abusive, anti-social or intoxicated behaviour. Refusal is at the sole discretion of the management of the Third Party Suppliers.
The Booking is for a Time Slot only, and does not include the sale of alcohol. Consumption of alcohol is at your own risk and we urge all participants to drink responsibly. We do not accept any responsibility or liability for participants who drink excessively, resulting in damages, ill health, injury or death.
We do not condone the use of illicit substances prior to or during any Time Slot. We reserve the right to request a Third Party Supplier to exclude you or any member of your group if it is believed that:
- you or a member of your group are displaying socially offensive behaviour;
- you or a member of your group are socially offensive and defaming the good reputation of us or any Third Party member; and/or
- you or a member of your group are a threat to another person’s safety due to being under the influence of any illicit substances.
Despite our Third Party Suppliers being aware of the nature and likely intent of same sex groups, you are expected to respect your environment and other people around you. All Third Party Suppliers have every right to terminate your stay without notice under threat of vandalism, violence or any other behaviour deemed inappropriate by them. In such cases, all insurances will be invalidated and you will not have any entitlement for a refund under the Consumer Guarantees Act 1993.
We accept no liability for any accident or misadventure that occurs while any of your group is under the influence of alcohol or illicit substances.
All parties attending the Time Slot should be aware of their own physical and mental limitations before attending the Time Slot. If you have a medical condition or are pregnant we strongly recommend that you do not make a Booking with us. Should you be pregnant or have another medical condition that may be affected by attending the Time Slot, you must advise us prior to making a Booking.
Third Party Suppliers may have a minimum dress standard. You acknowledge that appropriate clothing must be worn at all times on the booked Time Slot. Appropriate clothing includes but is not limited to no singlets; no vests; no shorts; no large visible tattoos and enclosed shoes.
You acknowledge that Third Party Suppliers may refuse you entry into their venue should you not meet their minimum dress standard. We will not be held responsible for any additional costs incurred by you as a result of your failure to meet the minimum dress standard.
Accuracy, completeness & timelines of information.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modification to the service & prices.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback & Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Errors, Inaccuracies & Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Bar Hero, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Bar Hero and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
If you have a complaint regarding any aspect of the Arrangements provided by us, you must communicate your complaint to the Third Party Supplier of the service concerned at the earliest opportunity. You should also contact us to let us know of your complaint. If you do not inform us and the Third Party Supplier of the service about your complaint as soon as possible, at least within 48 hours of the complaint occurring, we will not be responsible for the complaint. If the complaint has not been dealt with to your satisfaction before your return home, then you must make a complaint to us in writing no less than seven (7) days after your return from the tour/event. You will receive a reply within 28 days of us receiving your complaint in writing. If you do not comply with the complaints procedure, we will not be held responsible for your complaint.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
This document is governed by and construed under the law of New Zealand.
Any legal action in relation to this document against any party or its property may be brought in any court of competent jurisdiction in New Zealand.
Each party by execution of this document irrevocably, generally and unconditionally submits to the non-exclusive jurisdiction of any court specified in this provision in relation to both itself and its property.
The rights of a party under this document are cumulative and not exclusive of any rights provided by law.
Changes to Terms Of Services
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at [email protected]