Growmybiz Limited, trading as Co.OfWomen (“we”‘ or “us”) is a membership organisation providing community, events, learning, support and tools for business owners growing significant innovative businesses, whom we refer to as entrepreneurs.
2. These terms of business apply exclusively to all online product sales and business growth services provided to you, a valued client, by us. They exclude all other terms and conditions contained in any purchase order, confirmation of order or similar document sent by you.
3. These terms may be varied or added to at any time by us giving reasonable notice to you. A copy of our up to date terms and conditions is available from the Co.OfWomen website (http:/coofwomen.biz) or such other website which we use to advertise and promote our products and/or services).
4. We are an independent business servicing the needs of our clients and nothing in these terms is intended to create the relationship of partnership or employment.
5. These terms form the basis of our working relationship. If you have any questions about them, please ask at the outset of our engagement, otherwise they are deemed accepted unless you tell us in writing prior to taking part in any session or purchasing a product.
6. Learning Programmes: Your acceptance onto our growth programmes is (for specific programmes) by way of an application to us in the manner outlined on the coofwomen.biz or other websites.
7. Our acceptance of your application is an offer by us to provide business growth services subject to the specific terms of the programme for which you have applied. Such specific terms are as advertised on the Co.OfWomen website and include any other conditions stipulated by us at the time our offer to you is made.
8. Acceptance of our offer is upon payment of the full price within the time stipulated by us in our offer, and in any event before the programme starts.
9. Electronic Products: In respect of online sales, these terms and conditions come into effect when you submit an order through our website.
10. Our aim is to provide you with relevant tools, connections and learning to enable you to grow your business. In doing so, we shall keep up to date with best practice and opinion regarding optimal approaches.
11. Whilst no guarantee can be made that you will achieve the goals you have set for your business, we will use our reasonable endeavours to help you achieve those goals within the framework of the learning programmes and products we offer and which you have purchased. No responsibility is accepted on our part by any failure to meet the goals which you have set.
12. The information contained in our electronic products is intended for general guidance only and it shall be your obligation as a business owner to evaluate the suitability of the strategies and tactics suggested by us before implementing them into your business in order to assess their suitability for your business.
13. You agree to:
(a) make payment according to our agreed terms and conditions
(b) be a respectful, supportive participant in our community
(c) actively participate in the learning you undertake
(d) implement to the best of your ability your learning
(e) retain in confidence the information shared by your peer entrepreneurs/business owners
(f) not reproduce or pass on materials, tools and information provided without written permission
(g) disclose to us all relevant information to enable us to help you gain the most from our growth programmes.
14. For the purpose of these terms, confidential information means all information in whatever shape or form which is not in the public domain and is of a confidential nature and includes (without limitation) know-how; trade secrets; information relating to shareholders, directors, officers, employees, professional contractors, suppliers, agents or clients; information relating to products, services, business systems, business policies and procedures, business transactions and contracts, business risks and business opportunities; financial accounts, records and legal advice; as well as information derived or developed from such information.
15. We agree to keep confidential all confidential information disclosed by you in our peer group and one-on-one sessions.
16. During a group session you may also become privy to confidential information belonging to us or other participants in the session. You agree to keep confidential such confidential information unless expressly authorised to disclose it.
17. Subject to our obligations to you under clause 15 above, all know-how or intellectual property developed or created in whole or in part by us or you during our sessions shall be our absolute property unless we formally declare otherwise in writing.
18. Whilst all participants in group sessions are subject to the same obligations of confidentiality as you, we do not accept liability for participants in a group session breaching their obligations of confidentiality in relation to any confidential information disclosed by you during the course of that session.
19. Copyright in all electronic products or other material provided to you in conjunction with our growth sessions is vested in us, unless expressly stated otherwise. You may use such copyright material for your own internal business use only and you shall not copy that material, share it with another business, store it on a database retrieval system, or exploit it for your own benefit without our express permission.
20. The price of our growth programmes, events, memberships and online tools shall be as advertised on our website (which may vary from time to time). Unless stated otherwise, GST at the prevailing rate shall be paid in addition to the price.
21. Payment of the price for growth programmes must be made by the time stipulated in our offer to you. Our standard terms are that payment is made in full, prior to the commencement of the service or product delivery. Failing to pay by that time means that our offer to you lapses and we shall be under no obligation to fulfill the terms of our offer to you.
22. In exceptional circumstances of financial hardship we may extend credit to you such that payment may be made after they have taken place. Where this occurs payment must be made by the 1st of the month following our invoice to you or such other date (s) as we stipulate in our agreement.
23. Where you fail to make a payment by the due date, we may (without prejudice to any other rights available to us):
(a) Immediately terminate any agreement to provide services to you and require immediate payment of all outstanding amounts to us;
(b) Charge interest at the rate of 10% per annum on all amounts outstanding until the date of payment;
(c) Require you to return or destroy all copyright material given to you as part of our coaching programme;
(d) Recover from you such costs as we incur collecting payment from you on a solicitor and own client basis.
Where you cancel – where payment in advance is made
(a) Cancellations within one week of a event/programme will not be refunded (but can be applied as a credit)
(b) Cancellations within two weeks of event will be refunded at 50% (unless rebooked)
(c) Cancellations with more than 2 weeks notice will be refunded with an admin fee deducted of no less than $80
Where we cancel:
(a) in the instance that we cancel an event that will not rescheduled we will refund in full the amount you have paid
(b) where we change the date of an event, a refund will not be made, but every endeavour made to accommodate the needs of registrants should this eventuate
24. All services (events, programmes etc) will be held on the dates stipulated by us. Occasionally it may be necessary to cancel or reschedule these. Where this occurs we will use reasonable endeavours to rearrange the dates at a time that best suits participants (where applicable). If you are unable to attend a rescheduled date, we will make best endeavour to organise a one-on-one update in lieu. Refunds will not be provided.
25. Where possible we will follow the format advertised for our events and learning programmes. However, we may at our discretion alter the format or content where we believe it will better achieve the goals of the initiative.
26. We will utilise the services of guest speakers, entrepreneurs, coaches or facilitators where we consider it appropriate.
27. We may terminate any agreement to provide services under our learning programmes or decline to offer any further services if you fail on more than 2 occasions to turn up to sessions.
28. In the event of termination under clause 27 above, we shall be under no obligation to provide you with a refund.
29. We warrant that:
(a) Our Learning & Support programmes will be carried out by competent persons and with reasonable care and skill;
(b) Any electronic products purchased will correspond to the description given by us and will be fit for their purpose.
30. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908, Consumer Guarantees Act 1993, or implied by law are excluded to the fullest extent permitted by law.
31. We shall be under no liability to you to pay any damages or compensation to you for any indirect loss and/or expense (including loss of profit) suffered by you arising out of a breach by us of these conditions or arising out of our negligence.
32. In the event of any breach of these conditions or a negligent act or omission on our part, your remedies shall be limited to damages and under no circumstances shall they exceed the price which you have paid for the services or tools which you have purchased.
35. At our discretion we may request and collect personal information about you before agreeing to provide specific services in order to carry out such credit checks or references as we think appropriate. A failure to provide information requested by us may result in us declining to provide services or the termination of any agreement between us.
36. You have rights of access to any personal information which we collect subject to the provisions of the Privacy Act 1993.
37. You agree that your personal information may be used by us to advise you of our other goods and services subject to your right under the Unsolicited Commercial Electronic Messages Act to unsubscribe from any email communication at any time.
38. You agree that we may release to other parties information regarding the agreement between us in order to enforce the terms and conditions of this agreement.
39. Any business growth programme you participate in will be personal to you and your business. You may not sell, transfer, assign or sub-contract all or any part of your interests or obligations under our agreement to any other person.
40. This contract is governed by the laws of New Zealand and we irrevocably accept the jurisdiction of the New Zealand courts.
42. Where there is dispute between us, it is our mutual intention to resolve that dispute amicably by negotiation, and where negotiation fails, by mediation. Where we cannot agree the identity of a mediator, a mediator shall be appointed by the Arbitrators and Mediators Institute of New Zealand.