Terms & Conditions

Please read and understand our terms of trade.  By making a payment and accepting our services we assume you also accept our terms of trade and Memorandum of Understanding.

We believe that providing a legal contract and schedule of service protects both parties and shows that our company is transparent and professional in its dealings and practices, we trust you will agree.

Sea Limousines Limited trading as The Dream Maker and / or Abel Tasman Wedding & Events (“Dream Maker”) and /or Me Next NZ hereby agrees with the Customer (“The Customer”) to provide the Consultation, Celebrant & Chauffeur and any other related service or product as detailed in the itemized proposal/ quote or by email on the terms contained in our agreement including clause 8 relating to the limitation of liability of the Dream Maker. and upon the provision of a Guarantee as detailed below (if any is required due to payment after the event) to the Dream Maker.

The Dream Maker is not responsible for any other contracted venue, accommodation,product or service provider/vendor who has been recommended or added by request of the client. We advise you read all terms of engagement and accept directly and accordingly.

1.DEFINITIONS AND INTERPRETATIONS

1.1 “Event” includes any event or occasion contracted for by the Customer.
“Guarantor” means any person(s) or entity who guarantees the Customer’s compliance with these terms and conditions and any liability arising for the Customer in relation to these terms and conditions and includes any successors of the Guarantor if full payment is expected after the event.

“Consultant” means a person appointed by The Dream Maker to provide advice and/or expertise on behalf of the customer without holding full responsibility or control.

“Coach” means a person appointed by The Dream Maker to give guidance to the customers.
“Manager” means a person appointed by The Dream Maker to orchestrate and coordinate an event.
“Provider” means a service provider recommended by the Dream Maker to provide part or all of the services for the customer for the event subject of this agreement.
“Concession” means that The Dream Maker or any commercial operator working under the umbrella of a Department of Conservation or Council Permit where necessary and work within the guidance of the permit holder to maintain all rules of that permit. Most national parks and council properties require permits.
“Location” Means a place where an event will be held. Many of these locations require a special permit which the Dream Maker can take charge of on behalf of the customer and other commercial providers
“Services” means the goods and services provided by The Dream Maker or another provider to the customer as specified in the Schedule.
1.2 In the interpretation of this Agreement:
(i) Where a party includes more than one person, the covenants, agreements and warranties on the part of that party shall be deemed to be joint and several;
(ii) Reference to the Customer includes the Customer’s executors, administrators, successors and/or permitted assigns (as the case may be);
(iii) The singular includes the plural and vice versa;
(iv) Words importing the masculine gender include the feminine and neuter genders and vice versa;
(v) Any covenant not to do anything shall also constitute an obligation not to suffer, permit, cause or assist any other person to do that thing;
(vi) References to persons include individuals, partnerships, firms, associations, corporations and unincorporated bodies of persons, government or semi‑government or local body or municipal bodies and agencies or political subdivisions of them in any case whether having separate legal personality or not; and
(vii) Any reference to a statute or statutory provision shall be deemed to include any statute or statutory provisions which amends, extends, consolidates or replaces the same or which has been amended, extended, consolidated or replaced by the same and any orders, regulations, instruments or other subordinate legislation.

  • 2. ACCEPTANCE

    2.1 Any payment in relation to the event/service booking will deem acceptance of the terms and conditions as set out in the most current agreement.
    2.2 Acceptance of the terms and conditions of this agreement includes acceptance communicated by email, voice mail or facsimile between the parties provided that the customer shall be deemed to have accepted the terms of this agreement if the customer continues to accept services from the Dream Maker or another associated Provider.

  • 3.SCOPE

    3.1 The Services to be provided by the Dream Maker shall be those detailed in the proposal/schedule. Any variation to the services to be provided must be agreed to in writing or email by or to the Dream Maker. A new schedule maybe created and charged accordingly.
    3.2 The Dream Maker is the prime contractor with the customer in any event management or coordination service. All services to the customer, whether provided by the Dream Maker or a recommended provider, shall be through and in prior consultation with the Dream Maker and always in compliance with the terms of this agreement. No terms shall be negotiated by the Customer with another provider without the written approval of the Dream Maker unless otherwise agreed in writing.

    3.3 The Dream Maker provides consultation and coaching services to the best of their ability and can not be held responsible for any third party recommendation actions and work ethic or practices.

    4. CHARGES AND PAYMENTS
    4.1 The fee for the Dream Maker’s Consultation & Management Services to the customer shall be as recorded in the proposal/schedule and detailed in any invoice provided by the Dream Maker unless a package deal has been purchased where the package fee only will apply.
    4.2 In addition, the Dream Maker may charge:
    (i) for any loss associated with a breach of this agreement, including but not limited to damage to goods as per clause 6.4

    (ii) In the event a contract/event has to be cancelled or postponed, a fee will be charged for any product or service provided starting at $250.00 + Gst
    (iii) Disbursements, including but not limited to travel costs, travel time and payment processing charges for costs incurred in the event service as scheduled.

    4.3 The fees for services provided by other providers will be invoiced directly to the customer from that provider unless contracted in the management service provided by the Dream Maker as written in the schedule and will be as agreed between the customer and the Dream Maker.
    4.4 At the Dream Maker’s sole discretion a non-refundable 50% deposit will be required to book any services. When a deposit is required, bookings shall not be confirmed until the deposit is received as cleared funds in the bank account of the Dream Maker.
    4.5 The Dream Maker will invoice the Customer at regular stages as written in the schedule for all the services to be provided by the Dream Maker to include any directly contracted providers in relation to the event as and when payment is required to secure the said Services. Unless agreed otherwise, all payments detailed in said invoices must be received and cleared funds in the bank account of the Dream Maker within seven (7) working days of invoice and no later than one calendar month prior to the event unless otherwise agreed in writing. Failure to make payment within the specified time frame constitutes a default of this Agreement and will be grounds for cancellation by the Dream Maker at any time.
    4.6 Where the Dream Maker management service has agreed to make a payment for any costs of a provider or third party in relation to the custom event on behalf of the customer, the Dream Maker may at its sole discretion charge a 15 to 30% margin on that charge to cover admin and management costs.
    4.7 Any services extended at short notice to cover extra time or product will be changed for at the normal advertised or given price.
    4.8 In some management arrangements The Dream Maker may receive commission from providers from the fees the customer may pay for those provider’s services unless in a consultation service agreement.
    4.9 All prices quoted are exclusive of GST unless stated otherwise.
    4.10 Any variations to the service to be provided to the customer and any additional costs for such variations must be agreed in writing with the Dream Maker.

    4.11 Consultations will be charged at the basic rate from $800 and then in increments based on 5 hours thereafter.  Billing will be on a monthly basis once the first increment has been achieved.

    4.12 Chauffeur services are charged at a minimum call out fee from $60 and charged on a scheduled hourly basis thereafter. The driver drives the clients car and it is the clients responsibility to arrange appropriate insurance for the third part driver.

  • 5. CUSTOMER WARRANTIES AND OBLIGATIONS

    5.1 Should there be more than one customer their liability under this Agreement shall be joint and several.
    5.2 The customer must be available for liaison with the Dream Maker at all reasonable times and within 36 hours before the planned commencement of the event.
    5.3 The customer must cooperate at all times with the representative of the Dream Maker assigned to the event. If that person for any reason cannot be contacted, Mrs T Everett must be informed immediately.
    5.4 If the customer is required to communicate directly with the provider but has been unable to make contact the customer is expected to inform T. Everett (The Dream Maker) within 24 hours if not before.
    5.5 The customer must pay deposits to cover any loss, damage to goods or equipment provided by the Dream Maker or any other recommended provider that is caused either directly or indirectly by the customer or any of the customer’s guests or invitees. In the event the damaged goods cannot be repaired, such payment may include full replacement costs. If a deposit has not been paid replacement or the value of said item/s will be the customers responsibility

    5.6 The customer is responsible to insure their vehicle in the use of the Dream Maker chauffeur service is of a legal and safe condition and accepts the risks involved with a third party driver.  The vehicle must be in good working order with a current W.O.F and up to date road taxes paid. The customer must have a full tank of fuel or accept reimbursement with a receipt.

    5.7 Chauffeur services - The client must provide a safe road worthy car which is up to date on its legal requirements and insurance needs.

  • 6. DREAM MAKER WARRANTIES AND OBLIGATIONS

    6.1 The Dream Maker will provide progress reports to the customer at each stage of consultation or planning of the event. The client is assumed to accept all written reports or reply any concerns or disagreements in writing within 36 hours of the sent date.
    6.2 The Dream Maker will be available for liaison with the customer at all reasonable NZ zone times and within 36 hours before the planned commencement of the event and for a period of 48 hours after completion of the event.
    6.3 Appointments (Zoom, Whatsapp, Facetime, messenger or skype calls etc) must be booked in advance with The Dream Maker, with consideration of New Zealand time zones.
    6.4 The Dream Maker will ask the customer to assist the Dream Maker to maintain high standards by giving them feedback and constructive criticism on the event when requested.  The Dream Maker will respond to any complaints within 5 working days.

  • 7. DEFAULT

    7.1 In the event either party defaults (“Defaulting Party”) in the performance of any obligations under this agreement the other party (“Non-Defaulting Party”) may notify the defaulting party of the default, and if said default is not immediately remedied or made accountable, the Non-Defaulting party may at its sole discretion cancel this agreement and the supply of services.
    7.2 The Non-Defaulting party will not be liable for any loss, including consequential loss, the Defaulting Party suffers as a result of the Non-Defaulting party cancelling this agreement pursuant to this clause.
    7.3 The Defaulting party further indemnifies the Non-Defaulting party against all loss, costs, including all recovery costs, expenses, demands or liability or time spend to cancel the contractors whether direct, indirect, consequential or otherwise arising from the Defaulting party failing to pay any monies that are due to the Non-Defaulting party by the customer.
    7.4 Any money due by the customer to the Dream Maker or another provider pursuant to this agreement will incur default interest at a rate of 15% per annually from the date they are due until payment is cleared in the Dream Maker bank account. In the event any judgment is given by any tribunal of competent authority in favour of the Dream Maker against the customer, this provision will remain in full force and effect and shall not be deemed merged, waived or extinguished upon judgment so that this interest shall be payable at this rate after any judgment.
    7.5 Any unforeseen circumstances that affects the provision of product or service before or on the day of the event will not obligate a refund. If a refund is negotiated by The Dream Maker from the provider a fee for extra time may be charged and deducted from the re-embarrassment.

  • 8. LIMITATION OF LIABILITY

    8.1 The Dream Maker shall not have any liability or responsibility to the customer for any loss, damage or injury, whether arising in contract, tort, equity, or otherwise, including consequential loss, which does not flow directly or naturally (i.e. in the ordinary course of things) from a breach of this agreement PROVIDED that in no event whatsoever shall the Dream Maker be liable to the customer for any quantum above the sum of money received by the Dream Maker from the customer for the services provided by the Dream Maker.
    8.2 The Dream Maker shall not have any liability or responsibility to the customer for payment of any money owing by the customer in relation to another provider’s services other than to the extent that the Dream Maker has been paid by the customer for those services directly. (Package deal)
    8.3 The customer acknowledges that the Dream Maker will often be reliant upon the availability of products, services and the performance of providers and other third parties on the day of the event and the customer agrees that the Dream Maker may have to substitute products, services and providers where reasonably necessary to do so. The Dream Maker will endeavor to provide replacement products and services as nearly as possible to those anticipated by the parties in the first instance PROVIDED that any additional costs incurred by the Dream Maker in securing these substituted products, services or providers shall be payable in advance by the customer.
    8.4 The customer specifically acknowledges and agrees that the Dream Maker shall not be liable for any failure to fulfill its obligations under this agreement if such failure arises from any major external cause reasonably beyond its control – a “force majeure”. The customer specifically agrees and acknowledges that significant changes in market conditions may, in relation to Dream Maker’s obligations constitute a force majeure. Where such circumstances exist the parties will use all reasonable endeavors to fulfill the obligations under this agreement.
    8.5 The Dream Maker can only assist and advise the customer when the plan/option B is required due to unexpected poor weather or for any other reasons a decision to call the change is required. This change may require further planning and re-arrangement and may incur an extra charge. In some cases a waver or holding fee to create an advanced plan as the alternative can be discussed and agreed in advance to secure the alternatives without too much disruption to the event. These fees are rarely returned,

  • 9. CONFIDENTIALITY

    9.1 The Customer authorizes the Dream Maker to collect, use and retain any information about the customer and/or guarantors (if any) for the purposes of assessing the customer’s credit worthiness or marketing its products and services and may disclose said information to appropriate persons or entities for the purposes of obtaining credit references, debt collection, initiatives, notifying a default by the customer or for its marketing. This might be required if payments are negotiated for, after the event. All payments are required in advance of the service required.
    9.2 The customer shall have the right to request the Dream Maker for a copy of the information held by the Dream Maker relating to the customer and/or guarantor. The customer and/or guarantors may request the Dream Maker to correct any incorrect information.
    9.3 Where the customer and/or guarantors are an individual the authorities under clause 9.1 are authorities or consents for the purposes of the Privacy Act 1993.

  • 10. INTELLECTUAL PROPERTY

    10.1 All information and/or planning items provided by the Dream Maker to the customer that is not otherwise in the public domain shall remain confidential and intellectual property of the Dream Maker.
    10.2 All photographs, videos or other records of the event, whether provided by the Dream Maker or another provider shall be treated as the property of the Dream Maker, the customer, and the other provider if provided by them. Each party shall share equal rights to all photos, videos, or other records of the event, including rights to copy, edit and display, and share content with branding if put into the public domain. It is an expectation that The Dream Maker is linked or #tag #thedreammakernz and/or #menextnz to any published photo or video of the event managed by The Dream Maker in all its capacity. Photos will be provided with branding for any public viewing requirements.

    10.3 The Dream Maker understands that discretion may be required in sharing any photos of the event and persons attending the event.  The customer is to make their wishes clear in writing if any special circumstances is required when booking the event.

  • 11. GUARANTORS GUARANTEE; IF ANY

    11.1 In consideration of the Dream Maker entering into the agreement at the guarantor(s)’ request, which the guarantor(s) acknowledges having made such request, the guarantor(s) agrees as follows:
    (i) To guarantee the performance by the customer of the covenants of the customer contained in this agreement including payment of sums due under this agreement; and
    (ii) To indemnify the Dream Maker against any loss, including any consequential loss, the Dream Maker might suffer due to the breach of the terms of this agreement by the customer.
    11.2 Each guarantor is liable under this deed as a principal and not merely as a surety.
    11.3 Acceptance of the terms and conditions of this guarantee includes acceptance communicated by email or facsimile between the parties.
    11.4 No release delay or other indulgence given by the Dream Maker to the customer or any other thing whereby the guarantor(s) would have been released had the guarantor(s) been merely a surety shall release, prejudice or affect the liability of the guarantor(s) as a guarantor or as indemnifies.
    11.5 The Dream Maker shall be under no obligation to take any proceedings, exhaust all remedies or enforce any securities against the customer prior to taking proceedings against the guarantor(s). The guarantor further waives any defense available to the guarantor by reason of disability of the customer, or based on the cancellation or limitation of the contractor’s liability by reason of any cause, event, term, or condition including any defense or limitation available by operation of law
    11.6 Should there be more than one guarantor their liability under this guarantee shall be joint and several.
    11.7 Any term of this agreement involving the customer may be varied as between the Dream Maker and customer at any time including by operation of law, by course of conduct, or otherwise, without the need for the consent of or notice to the guarantor AND the guarantor shall continue to guarantee the performance of the customer under the agreement and/or other obligation under this agreement varied or otherwise without further agreement or act of the Guarantor being required.

  • 12. CANCELLATION

    12.1 The Dream Maker may at its sole discretion cancel this agreement or the delivery of any services or products at any time before the services are delivered by giving written notice to the customer. On giving notice the Dream Maker shall reimburse the customer any sums paid in respect of any services not yet provided or confirmed but not product, as this would need to be ordered in advance as required by this agreement PROVIDED that the Dream Maker shall be entitled to be paid for services provided even if those services are not all of the services to be provided under this agreement. The Dream Maker shall not be liable for any loss, including consequential loss, arising from such cancellation.
    12.2 The customer may at its sole discretion cancel this agreement or the delivery of any services at any time before the services are delivered by giving written notice to the Dream Maker provided that cancellation:
    (i) Up to six weeks prior to the event the Dream Maker will be entitled to retain the deposit and be paid for any services, product and management already provided even if those services are not all of the services to be provided under this agreement;
    (ii) Between six weeks and four weeks prior to the Event the Dream Maker will be entitled to be paid 50% of the total cost of all services to be provided for the event even if those services have not yet been provided; and
    (iii) After four weeks prior to the event the Dream Maker will be entitled to be paid in FULL for the event to cover potential losses.
    12.3 The customer may reschedule the event at any stage up to six weeks prior to the event by giving written notice to the Dream Maker provided that the Dream Maker shall be entitled to charge a further fee for rescheduling the event and there shall be no guarantee that any services to be provided by another provider will be available for the rescheduled event. Any further costs incurred by the Dream Maker as a result of rescheduling the event will be payable by the customer in advance of the rescheduled event. As a guide; 50% of the original charge will be added and charged in advance to any changes, or a flat fee starting from $250.00 + Gst.
    12.4 Should for any reason the Dream Maker be prevented from providing its services to the customer, including cancellation by the customer, then this agreement shall come to an end PROVIDED that the terms stipulated in this agreement to survive cancellation or by their nature are intended to survive cancellation shall remain in full force and effect. The clauses intended to survive cancellation include but are not limited to clauses 3.2, 4.5-4.8, 5.1, 6.1, 7.1-7.4, 8.1-8.4, 9.1-9.3, 10.1-10.2, 11.1-11.7, 12.1-12.4, 13.1, 17.1-17.3, 18.2-18.4.

    12.5 If for any reason The Dream Maker is unable to fulfill the agreement on the day of the event, The Dream Maker will do all in its power to find a replacement for the scheduled services. However if this is not practically available then The Dream Maker will do all it can to limit any limitations due to this failure with in New Zealand law and can not be held responsible or require a refund for those losses.

  • 13. HEALTH AND SAFETY

    13.1 The Dream Maker holds a current first aid certificate to insure the health and safety of the customer, their guests and invitees.  Health and Safety is of paramount importance to the Dream Maker. As such the Dream Maker will take steps to ensure that all risks are minimized to the best of their ability and ensure so far as is reasonably practicable that the health and safety of any persons attending the event are not put at risk. Accordingly, it may be necessary for the Dream Maker to give directions to the customer, their guests or invitees in order to minimize any hazards that may be at the event. In the event these instructions are not followed by the customer, the guests and/or the invitees the Dream Maker shall be entitled to immediately cancel the event and take such steps as are necessary to protect the health and safety of all the persons concerned, including the general public and any third party provider. In such a situation the customer shall indemnify the Dream Maker against all loss, costs or damage suffered by the Dream Maker whether directly or indirectly as a result of the Dream Maker’s instructions not being followed and the event needing to be cancelled. The Dream Maker will hold health and safety discussion with the customer in advance of the event and the customer will be responsible for any cost involved in minimizing risk, this could include fire extinguisher hire for example.

    13.2 The Dream Maker can not be held responsible for any attendees allergies or disabilities. It is advised that any chance of these situations be discussed in advance and a plan put in place.

  • 14. SPECIAL TERMS AND CONDITIONS

    14.1 If any special terms and conditions are specified in the schedule to this agreement, in the event of any conflict between the special terms and conditions and the general terms, the special terms and conditions shall prevail.

    14.2 The Dream Maker terms of trade supersede any terms and conditions of any other third party provider that has been contacted directly by the Dream Maker. Any contractor/provider bought into the event by the customer will be the customers sole responsibility.

  • 15. ENTIRE AGREEMENT

    15.1 This agreement constitutes the entire agreement between the parties, superseding all proposals or prior agreements between the parties, oral or written, and all other communications between the parties relating to the subject matter of this agreement.
    15.2 If any part of this agreement is declared by any judicial or other competent authority to be unenforceable, invalid, or illegal, the remaining provisions of this agreement shall remain in full force and effect unless the Dream Maker in its absolute and sole discretion decides that the effect of such declaration will adversely affect the Dream Maker’s rights, in which event the Dream Maker shall be entitled to cancel this agreement immediately on notice to the customer and the provisions of this agreement as they relate to requirements on cancellation shall apply accordingly.

  • 16. GOVERNING LAW

    16.1 This agreement shall be governed by New Zealand law, and the parties submit to the exclusive jurisdiction of the courts of New Zealand.

  • 17. DISPUTES

    17.1 If any question or difference whatsoever arises between a provider and the customer (or their respective representatives), concerning this agreement or any provision of it, or any service, then and in every such case the matter in dispute shall be referred to Mrs T Everett of The Dream Maker or its nominee who shall receive such information as the Dream Maker sees fit in the Dream Maker’s absolute discretion and the Dream Maker (or its nominee) shall rule on the dispute and that ruling shall be binding on the customer and their representatives.
    17.2 Should any dispute arise between the Dream Maker and the customer other than a dispute governed by the immediately preceding paragraph then the parties shall, without prejudice to any other right or entitlement they may have pursuant to this agreement or otherwise, immediately explore in good faith whether the dispute can be resolved by agreement between them using informal dispute resolution techniques such as negotiation, mediation, independent expert appraisal or any other alternative dispute resolution techniques. The rules governing any such technique adopted shall be as agreed between the parties or if no such agreement is reached within seven (7) days then as selected by the president for the time being of the Wellington branch of the New Zealand District Law Society. Both parties agree to use all reasonable endeavors to achieve resolution in this way and further agree that neither party will initiate arbitration without first pursuing such informal dispute resolution techniques.
    17.3 In the event the dispute is not resolved by such agreement within 14 days of written notice by one party to the other of the dispute (or such further period agreed in writing between the parties), either party may refer the dispute to arbitration by a single arbitrator pursuant to the Arbitration Act 1996. The arbitrator shall be agreed between the parties within 10 days of written notice of the referral to arbitration, or, failing agreement, appointed according to the default provisions of Schedule 2 of the Arbitration Act 1996. In either case the arbitrator shall not be the person who has participated in an informal dispute resolution procedure in respect of the dispute. The arbitrator so appointed shall be obliged to proceed with the maximum expedition to deliver an award within two months of his appointment, the parties agreeing to cooperate fully in this respect.

    17.4 Any costs incurred are the responsibility of the party bringing dispute unless stipulated by New Zealand law

  • 18. GENERAL

    18.1 The Dream Maker reserves the right to change the terms and conditions, schedule and/or agreement from time to time. It is advised that the customer make a copy of this agreement at the time of booking their service and will offer a copy of the photocopied copy to the Dream maker on request. The Dream Maker will give notice of any changes to the terms and conditions, schedule and/or agreement by noting on this document when it is upgraded. The customer will be deemed to have accepted the new terms and conditions schedule and/or agreement if, after the expiration of 10 working days, the customer has not notified the Dream Maker of their non-acceptance of any changes.
    18.2 Quotes will be valid for 2 weeks without commitment, after two weeks a new quote might be required to secure the booking.
    18.3 Services and prices may differ depending on the time of year and type of service provided.
    18.4 No waiver by either party of any breach by the other party of this agreement will be deemed to be a waiver by the non-defaulting party of any other or subsequent breach of the same or a different kind under this agreement or a continuing waiver of the breach being waived.
    18.5 All notices and other communications required or permitted under this agreement shall be in writing and shall be delivered personally, sent by post, by facsimile transmission or by email. Any such notice shall be deemed given when so delivered personally, or if sent by facsimile or email transmission on the next following business day in the country in which it is received, or the fifth day after sending by post within New Zealand, or the tenth day following sending by post overseas at the address set out in the Schedule (or at such other address for a party as shall be specified). The customer shall maintain a facsimile machine or email facility for the receipt and dispatch of notices under this agreement.
    18.6 If the customer is acquiring services for the purposes of a trade or business, the customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of services by the Dream Maker to the customer.
    18.7 It is the responsibility of the customer to keep The Dream Maker and associates (providers) of any health issues, special eating requirements or disability of guests and attendees. It is advised to put this in writing. We do our best to accommodate everyone but cannot make any guarantees.
    18.8 Our Terms of Engagement are up-dated from time to time and the most recent copy will be found on this website and may supersede any document written in any other publication. We do our best to keep all customers informed of any changes or obligations but responsibility lies on our customer to keep a copy of the latest terms at each point of payment and acceptance of any schedule or contract.

    18.9 The Dream Maker can not be held responsible for any children, infirm or pets attending any event however our consultation service can give advice on contracted and out sourced and qualified alternative care.

    18.10 The Dream Maker, through our consultation service give advice on location safety but in no means take responsibility or guarantee exclusivity of that site to be available or it’s suitability for the event or attendees.

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*Updated 11-08-2020