Awaken Your Inner Game Terms and Conditions
1.1 These terms apply to your purchase of the Awaken Your Inner Game 6 week program, therein referred to as “Program” that we supply to you, our customer.
1.2 These terms, together with any specific terms and conditions that apply to any applicable policies and procedures as published on www.amazingbusiness.com, form the contract between you and us in relation to the Program.
2.1 Orders for the Program will be accepted once we have received your order and full or partial payment if taking up the payment plan option.
3.1 The price for the Program is stated on the Program sales page.
3.2 All prices for the Program are in New Zealand dollars and are exclusive of New Zealand GST tax. This will be added to New Zealand only orders at the checkout.
4.1 Payment for the Program shall be made in full at the time of order or in 6 weekly payments, starting from the time of order. Some additional admin costs are added to the payment plan option to take into account the extra administration work that is involved.
4.2 If you do not pay for the Program on time then without prejudice to any other rights or remedies we have, we may do any or all of the following:
4.2.1 suspend access to the Program until the outstanding amount is paid;
4.2.2 refer your account to a debt collection agency for enforcement; and
4.2.3 charge interest on all amounts owed at the rate of 2% per month calculated on a daily basis from the due date for payment until the date payment is made.
5.1 We will provide the Program in a proper and professional manner and with reasonable care and skill.
5.2 The actual results achievable by the Program in your business depends on variables we cannot control (you, for instance). While we have taken reasonable care to ensure that the concepts, ideas and plans comprising the Program are accurate and have been proven to work, we do not guarantee that the Program will always provide results equivalent to those achieved in other businesses. Therefore, except as provided in clause 5.1, all conditions and warranties, express or implied, are excluded to the maximum allowed by law.
5.3 Any third party goods or services provided as part of the Program are provided “AS IS” and without any warranty or guarantee other than those (if any) from the third party supplier. You agree that we will have no liability to you (however arising) in respect of your purchase or use of such goods or services. We may receive a commission or other benefit from such third party suppliers in relation to any such goods or services purchased by you.
MONEY BACK GUARANTEE
6.1 The Program does not come with a money back Guarantee. However, if you have participated in the Program and are not satisfied with the Program, you may contact us to discuss a way forward for resolution of the problems you have experienced. In some cases this will lead to a refund.
CONSUMER GUARANTEES ACT
7.1 The guarantees contained in the New Zealand Consumer Guarantees Act are excluded where you acquire Services from us for the purposes of a business in terms of section 2 and 43 of that Act.
8.1 All third party intellectual property licensed or otherwise provided to you as part of the Services (if any) is subject to the terms, conditions and restrictions (if any) required by that third party owner and provided to you. You agree to comply with all such terms, conditions and restrictions.
8.2 All intellectual property that we own, together with all modifications or developments made by us in connection with the Program (collectively, “Our Intellectual Property”) will be and remain our property. Except as provided in clause 8.2, you will obtain no rights or interests in Our Intellectual Property. In particular, you may not copy, redistribute or otherwise use Our Intellectual Property without our prior written consent.
8.3 We grant to you a single, royalty-free, non-exclusive, and non-transferable licence to Our Intellectual Property, subject to any limitations or restrictions on that right required by third parties, to enable you to access, possess and use Our Intellectual Property solely for the purposes of using the Program. Unless we provide otherwise, this licence will terminate when we cease to provide the Program to you.
8.4 Any new intellectual property created by us in connection with the Program will be owned by us.
8.5 Subject to the restrictions on the use of confidential information under clause 11.4, we will be entitled to use the ideas, concepts, tools, methodologies and know how gained by us as a result of performing the Program for other applications.
9.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on us, our liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute. In all other cases, you agree that our sole liability to you in relation to the Program you are not satisfied with is to refund your money in accordance with any applicable guarantee/return policy.
9.2 Except as otherwise provided by clause 9.1 we shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of the Program by us to you or the results you achieve from your use of the Program, including consequential or indirect loss nor any loss of profits, revenue, business opportunity, goodwill and/or anticipated savings whether suffered or incurred by you or another person and whether in contract or tort (including negligence) or otherwise.
9.3 The advice, content, materials and other information (“Content”) provided by Amazing Business, Andrew Baird & Kim Baird as part of the Program are educational in nature, and are not intended to be a substitute for professional, legal, business, financial and tax advice. You are solely responsible for the use and application of the Content or any part thereof outside of the Program. Amazing Business shall have no liability to you or any other person whatsoever in relation my use and application of the Content.
10.1 We may terminate your access to the Program immediately if you have breached these terms and/or any payment you owe to us is more than 7 days overdue.
10.3 On termination, we may be regarded as discharged from any further obligation to provide the Program.
10.4 Termination or cancellation of Services shall not relieve either party from any right, liability, or claim that has accrued before the date of termination or cancellation. The provisions of Clauses 8 and 9 will continue to apply in respect of any such terminated or cancelled Program.
COLLECTION AND USE OF INFORMATION
11.1 You authorise us to collect, retain and use any information about you, for the purposes of providing the Program or enforcing any rights under this contract.
11.2 Your privacy matters to us. We always endeavour to treat any information we collect as carefully and respectfully as possible.
11.3 We collect personal information from you, including information about your:
- contact information
- interactions with us
- billing or purchase information
11.4 Besides our staff, we share this information with: Kartra in order to provide the requested business resources. We also share you information with Xero and/or Paypal in order to invoice you or collect payment for the Program and to also meet our tax obligations.
11.5 You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. You can also ask us to delete the information we have about you.
If you’d like to ask for a copy of your information, have it corrected or deleted, please contact us at firstname.lastname@example.org
11.6 Notwithstanding clauses 11.1 and 11.4, we will not disclose any confidential information about your business to any other person unless we are required to do so by law.
12.1 Unless you otherwise request, you consent to receiving e-mail and other communications from us providing you with information about us, the Program you have purchased and other goods and services that we think may be of interest to you.
12.2 We may contract with third parties to promote and advertise our Services (“Affiliates”). Such Affiliates may receive a commission or other benefit in relation to any Services you purchase from us. You consent to such payments and benefits.
12.3 If at any time any provision of these terms is or becomes illegal or unenforceable neither the legal validity nor enforceability of the remaining provisions shall in any way be affected or impaired.
12.4 No delay or omission by either party to exercise any right or power under these terms or a Statement of Work will impair such right or power or be construed to be a waiver of it. A waiver (which must be in writing) by any party of any covenant to be performed by the other party or any breach of such covenant will not be construed to be a waiver of any succeeding breach of that covenant or of any other covenant in these terms.
12.5 We will not be liable for delay or failure to perform our obligations if the cause of the delay or failure is beyond our control.
12.6 These terms and the provision of Services shall be governed by New Zealand law and you and we each agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.