1. Introduction
Welcome to Gorillagrams ("we", "us", "our"). These Terms of Use govern your access to and use of our website at www.gorillagrams.co.nz (the "Site") and the booking of our singing telegram and gorillagram services (the "Services").
By accessing this Site or booking our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Site or Services.
Gorillagrams is a Wellington-based entertainment and event service operating throughout the Wellington region, Wairarapa, Kapiti Coast, and Palmerston North areas.
2. Use of the Site
You may use this Site for lawful purposes only. You agree not to:
• Use the Site in any way that violates applicable New Zealand laws or regulations
• Transmit any unsolicited or unauthorised advertising or promotional material
• Attempt to gain unauthorised access to any part of the Site
• Use the Site to harass, defame, or harm any person
• Copy, reproduce, or distribute any content from the Site without our permission
3. Bookings and Services
3.1 Making a Booking
When you contact us to book a gorillagram or singing telegram, you are making an offer to purchase our Services. A booking is only confirmed once we have accepted it and you have received written or verbal confirmation from us.
3.2 Booking Information
To arrange a booking, you will provide us with information about the recipient of the gorillagram. You confirm that you have the recipient's wellbeing in mind and that the surprise is appropriate for that individual. We reserve the right to decline any booking at our discretion.
3.3 Age
Our Services are suitable for persons aged 5 and above. By booking a gorillagram for someone, you confirm the recipient is of an appropriate age and that the content requested is suitable for them.
3.4 Customised Content
We create personalised poems and routines based on information you provide. You are responsible for ensuring that any personal details, stories, or information you share about the recipient are truthful and not defamatory, offensive, or harmful.
4. Pricing and Payment
Prices for our Services are provided at the time of booking. Payment terms will be confirmed when your booking is accepted. Prices may vary depending on location, travel distance, and the nature of the performance requested.
We reserve the right to change our prices at any time. Any price changes will not affect a booking that has already been confirmed.
5. Cancellations and Changes
If you need to cancel or change a booking, please contact us as soon as possible. Cancellation terms will be discussed at the time of booking and may vary depending on how much notice is given and any costs already incurred.
We reserve the right to cancel a booking in exceptional circumstances (such as illness or emergency). In such cases, we will endeavour to give you as much notice as possible and will work with you to reschedule or arrange a refund.
6. No-Show and Late Access
If our performer arrives at the agreed location and time and is unable to gain access, or the recipient and guests are not present, this will be treated as a no-show. A cancellation fees will apply in these circumstances please refer to our cancellation policy.
If you need to change the location, time, or other details of a confirmed booking, please contact us as early as possible. Last-minute changes cannot always be accommodated.
7. Service Area and Travel
We primarily service the Wellington region, including the Wairarapa, Kapiti Coast, and Palmerston North areas. Bookings outside these areas may be possible but will be discussed individually and may incur additional travel costs.
Travel costs, if applicable, will be confirmed at the time of booking and form part of the total price.
8. Health, Safety and Access
By booking our Services, you confirm that:
• The venue or location is safe and accessible for our performer
• You will inform us of any relevant hazards, access restrictions, or special requirements at the venue
• There is adequate space for the performance to take place safely
• Any animals or young children will be appropriately supervised during the performance
We reserve the right to shorten or decline to perform if, upon arrival, we consider the environment to be unsafe or unsuitable. In such circumstances, a cancellation fee may still apply or no refund.
9. Recipient Suitability
You, as the person booking the Service, are responsible for ensuring the gorillagram surprise is appropriate for the recipient. By booking, you confirm that:
• You know the recipient well enough to determine that the surprise is suitable for them
• The recipient does not have any known medical conditions, phobias, or sensitivities that could be negatively affected by a surprise performance
• The content and nature of the performance is appropriate for the recipient and any others who may be present
Gorillagrams will not be held responsible for any distress, upset, or adverse reaction by the recipient or others present. We always aim to make our performances fun and memorable, but we rely on the booker to know their recipient.
10. Photography, Video and Marketing
10.1 Our Right to Record
Gorillagrams may take photographs and/or video recordings during performances for the purpose of marketing and promoting our business this will be discussed with the organiser before the event. These may be shared on our website, social media pages (such as Facebook), or other promotional materials.
By booking our Services, you consent on behalf of yourself and confirm you are authorised to consent on behalf of others present, to us capturing and using such images and footage for marketing purposes.
If you or the recipient do not wish to be photographed or filmed, please let us know in writing before the booking is confirmed and we will respect that request.
10.2 Your Recording of Performances
You are welcome to photograph and video record our performance for your own personal use. If you share recordings of our performance on social media or elsewhere, we ask that you tag or credit Gorillagrams where possible.
You must not use recordings of our performances for commercial purposes without our prior written consent.
11. Intellectual Property
All content on this Site, including text, images, logos, and other material, is owned by or licensed to Gorillagrams. You must not copy, reproduce, republish, or distribute any content from this Site without our prior written consent.
Any poems, performances, or creative content we create for your booking remain our intellectual property unless otherwise agreed in writing.
12. Privacy
We collect personal information (such as your name, contact details, and information about the recipient) for the purpose of providing our Services. We handle your personal information in accordance with the New Zealand Privacy Act 2020.
We will not sell your personal information to third parties. We may retain contact details to send you information about our services in the future, but you may opt out at any time by contacting us.
For more information about how we handle personal information, please contact us directly.
13. Limitation of Liability
To the fullest extent permitted by New Zealand law, Gorillagrams is not liable for any loss or damage arising from your use of this Site or our Services, including but not limited to:
• Any indirect, incidental, or consequential loss
• Loss of enjoyment, embarrassment, or distress arising from the performance
• Technical issues affecting the availability of this Site
Nothing in these Terms limits any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
14. Consumer Guarantees
Our Services come with guarantees under the Consumer Guarantees Act 1993 that cannot be excluded. If a service fails to meet a consumer guarantee, you may be entitled to have the problem remedied. Please contact us if you are not satisfied with our Services.
15. Third-Party Links
This Site may contain links to third-party websites (such as social media). These links are provided for your convenience only. We are not responsible for the content or privacy practices of any linked sites.
16. Changes to These Terms
We may update these Terms of Use from time to time. The current version will always be available on this Site. Your continued use of the Site after any changes constitutes your acceptance of the updated Terms.
17. Governing Law
These Terms are governed by the laws of New Zealand. Any disputes will be subject to the non-exclusive jurisdiction of the New Zealand courts.
18. Contact Us
If you have any questions about these Terms of Use, please contact us:
Gorillagrams
Wellington Region, New Zealand
Phone: +64 27 522 9266
Website: www.gorillagrams.co.nz