Terms & Conditions

Effective Date: 16 April 2026

Last Updated: April 2026

These Terms and Conditions (“Terms”) govern your use of the Musician Gallery platform (musiciangallery.co.nz), operated by Musician Gallery Limited (“Musician Gallery”, “we”, “us”, or “our”), a company registered in New Zealand.

By creating an account or using the platform in any way, you agree to be bound by these Terms. Please read them carefully. If you do not agree, you must not use the platform.

1. Definitions

• Platform means the Musician Gallery website at musiciangallery.co.nz and any associated applications or services.
• User means any person who accesses or uses the Platform, including Musicians and Clients.
• Musician means any individual registered on the Platform to offer music services, either as a Teacher or a Gig Musician.
• Teacher means a Musician who has completed police vetting and is listed on the Platform to offer term-based private music lessons.
• Gig Musician means a Musician listed on the Platform to offer one-off entertainment or event bookings. Gig Musicians are not required to be police vetted.
• Client means any individual or organisation that uses the Platform to find and book a Musician.
• Booking means a confirmed arrangement between a Client and a Musician made through the Platform.
• Platform Fee means the fee charged by Musician Gallery on each Booking, deducted from the total amount paid by the Client.
• Withholding Taxmeans the schedular payment tax deducted from Musician payouts and remitted to Inland Revenue on the Musician’s behalf.

2. Nature of the Platform

Musician Gallery operates as an online marketplace and is a connector only. We provide the technology to enable Musicians and Clients to find each other, communicate, and transact.

• Musician Gallery is not a party to any contract or arrangement between a Musician and a Client.
• Musician Gallery does not employ, engage, or supervise Musicians in any way.
• Musicians are independent contractors responsible for their own tax obligations, insurance, and professional conduct.
• Musician Gallery does not guarantee the quality, suitability, or availability of any Musician listed on the Platform.
• Musician Gallery does not guarantee that the Platform will be continuously available or free from errors.

3. Accounts and Registration

3.1 Eligibility

You must be at least 16 years of age to create an account. By registering, you confirm that the information you provide is accurate, complete, and up to date.

3.2 Account Responsibility

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately at contact@musiciangallery.co.nz if you suspect unauthorised access to your account.
• Musician Gallery reserves the right to suspend or terminate any account at our sole discretion, including where these Terms have been breached.

3.3 One Account Per Person

Each individual or organisation may hold only one account on the Platform. Creating duplicate accounts may result in all associated accounts being suspended.

4. Terms Specific to Musicians

4.1 Profile Accuracy

• You must ensure your profile accurately represents your skills, experience, instruments, and availability.
• Profile photos must meet the Musician Gallery photo specification provided during onboarding.
• Musician Gallery reserves the right to reject or remove profiles that do not meet our standards, including photo requirements.
• Profiles do not go live until reviewed and approved by Musician Gallery.

4.2 Police Vetting — Teachers Only

• To be listed as a Teacher, you must complete and pass a NZ Police vetting check.
• Vetting is completed through the official NZ Police process. Musician Gallery presents the result of that process but does not conduct independent background checks.
• Your vetting result reflects your status at the time of vetting. You are responsible for notifying Musician Gallery of any changes in your circumstances that may affect your suitability to work with children or vulnerable people.
• Musician Gallery reserves the right to remove a Teacher from the Platform at any time if we have reason to believe they no longer meet the vetting standard.

4.3 Tax Obligations

• You must provide a valid NZ IRD number and a completed IR330C form before your first payout.
• Musician Gallery will deduct withholding tax from your payouts at the rate specified in your IR330C and remit this to Inland Revenue on your behalf.
• If you do not provide a completed IR330C, the no-notification withholding rate of 45% will apply.
• You remain solely responsible for filing your own income tax return and any additional tax obligations not covered by withholding tax deductions.
• If your annual income from the Platform exceeds NZD $60,000, you must register for GST and notify Musician Gallery accordingly.

4.4 Off-Platform Transactions

• All payments for Bookings made through Musician Gallery must be processed through the Platform.
• Soliciting or accepting payment from Clients outside the Platform for services arranged through Musician Gallery is a breach of these Terms and may result in immediate removal from the Platform.

4.5 Conduct and Professionalism

• You must conduct yourself professionally in all interactions with Clients arranged through the Platform.
• You must honour confirmed Bookings. Repeated cancellations may result in suspension or removal from the Platform.
• You must not use the Platform to contact Clients for purposes unrelated to their Booking.

5. Terms Specific to Clients

5.1 Booking and Payment

• All Bookings must be made and paid for through the Platform. You must not arrange payment directly with a Musician for services found through Musician Gallery.
• By confirming a Booking, you agree to pay the Musician’s stated rate plus the applicable Platform Fee.
• Payment is collected by Musician Gallery via Stripe at the time of Booking. Funds are held securely until the Booking is confirmed as completed.

5.2 Cancellations and Refunds

• Cancellation policies are stated at the time of Booking and vary by Musician. Please review these carefully before confirming.
• If a Musician cancels a confirmed Booking, you will receive a full refund of all amounts paid including the Platform Fee.
• If you cancel a Booking, the refund amount will depend on the notice given and the Musician’s stated cancellation policy.
• Musician Gallery Platform Fees are non-refundable except where the Musician has cancelled the Booking.

5.3 Police Vetting — Important Notice

For Teachers, the police vetting badge indicates that a vetting check was completed at a point in time via NZ Police. Musician Gallery is not liable for any conduct by a vetted Teacher that occurs after their vetting date.

5.4 Booking Confirmation

• For lesson Bookings: the Teacher confirms the lesson has been completed. Funds are automatically released to the Teacher after 24–48 hours if no dispute is raised.
• For event/gig Bookings: the Client confirms the event has been completed. Funds are automatically released to the Musician after 48–72 hours if no dispute is raised.
• If you have a concern about a completed Booking, you must raise a dispute through the Platform within the relevant timeframe above.

6. Platform Fees

Musician Gallery charges a Platform Fee on each Booking. Fees are charged to the Client on top of the Musician’s stated rate, as follows:

Platform Fees are inclusive of GST where applicable. Musician Gallery reserves the right to update the fee structure with reasonable notice to Users.

7. Disputes

7.1 Raising a Dispute

If you have a concern about a Booking, you must raise it through the Platform within the following timeframes:

• Lesson Bookings: within 24 hours of the lesson occurring (or failing to occur)
• Gig/Event Bookings: within 48 hours of the event date

Disputes raised outside these timeframes may not be eligible for review. To raise a dispute, contact us at contact@musiciangallery.co.nz with your Booking reference and a description of the issue.

7.2 Resolution Process

• Musician Gallery will acknowledge your dispute within 2 business days.
• We will review the evidence provided by both parties.
• Musician Gallery’s decision on payment release is final.
• We aim to resolve all disputes within 10 business days of receiving complete information from both parties.

7.3 Limitation of Liability

Musician Gallery acts as a neutral facilitator in disputes. We are not liable for:

• The quality or outcome of any music lesson or performance
• Loss or damage arising from a Musician’s conduct before, during, or after a Booking
• Any direct, indirect, or consequential loss arising from your use of the Platform

To the maximum extent permitted by law, Musician Gallery’s total liability to any User shall not exceed the total Platform Fees paid by that User in the three months preceding the claim.

8. Prohibited Conduct

Users must not:

• Provide false, misleading, or inaccurate information at any time
• Arrange or accept payment for Bookings outside the Platform
• Use the Platform to solicit or recruit Musicians for a competing service
• Harass, threaten, or abuse other Users
• Post or transmit any content that is unlawful, offensive, or defamatory
• Attempt to circumvent, disable, or interfere with the security features of the Platform
• Create multiple accounts or impersonate another person or organisation

Breach of any of the above may result in immediate suspension or permanent removal from the Platform, at Musician Gallery’s sole discretion.

9. Intellectual Property

• All content on the Platform created by Musician Gallery, including the name, logo, design, and written content, is owned by Musician Gallery Limited and may not be reproduced without written permission.
• By uploading content to the Platform (including profile photos, biographies, and audio or video samples), you give Musician Gallery permission to display and use that content solely for the purpose of running and promoting the Platform.
• You confirm that any content you upload is your own or that you have the right to use it, and that it does not infringe the intellectual property rights of any third party.

10. Privacy

Your privacy matters to us. The collection and use of your personal information is governed by our Privacy Policy. By using the Platform, you agree to the terms of our Privacy Policy.

11. Changes to These Terms

Musician Gallery may update these Terms from time to time. When we do, we will update the effective date at the top of this document. Where changes are material, we will notify registered Users by email at least 14 days before the changes take effect.

Continued use of the Platform after updated Terms take effect constitutes your acceptance of the new Terms. If you do not agree with updated Terms, you must stop using the Platform and may close your account.

12. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes arising from these Terms or your use of the Platform will be subject to the exclusive jurisdiction of the New Zealand courts.

Nothing in these Terms limits any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

13. Contact Us

If you have any questions about these Terms, please contact us:

• Email: contact@musiciangallery.co.nz
• Website: musiciangallery.co.nz
• Post: Musician Gallery Limited, New Zealand

Musician Gallery Limited · Registered in New Zealand · musiciangallery.co.nz