PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR PURCHASING ANY ONLINE GOODS OR SERVICES
This website (Site) is operated by Smart Bookies Limited, a company incorporated in New Zealand under company number 8188913, trading as Smart Books® and its affiliates and related entities (referred to as we, our or us).
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site.
1. How to Read these Terms
There are five sections to these Terms:
Section B: Training Course Terms
Section C: Membership Services Terms
Section D: Affiliate Terms
Section E: General Terms
Means a registered profile for a Participant or Subscriber.
Means a company, member organisation or not-for-profit entity who promotes our Training Courses to their members or community.
Means any entity or any natural person who owns or is employed by a business which provides services which compete or conflict with the Online Goods and Services we supply, or any services supplied by our Participants or Subscribers.
Means all confidential information, non-public or proprietary information, including intellectual property, technical, commercial, financial or other information, exchanged between either one of us or known to either one of us before, on, or after the date any one or more of the Online Goods and Services commences.
Means a nominated place on a Training Course for a Participant.
Means any online published information that is contained on our Site or included within any marketing, promotional or informational content issued by us to you, and which is free to download, view or browse.
Member and Participant Area
Means the online portal for the Membership and/or Training Course where the online component of the Online Goods and Services can be accessed by a Member or Participant (as applicable) and where interactive comments can be made and viewed.
Online Goods and Services
Means one or more of the following (whether purchased or made available free of charge or on a trial basis):
● Smart Books® Materials
● Training Courses
● Membership Services
Means an individual who will undertake a Training Course.
Public Interactive Platform
Means any one of the following platforms or methods to interact with Participants or Members (as applicable):
● Live group Q&A sessions
● Live group training delivered via Zoom, Facebook, or other platform
● Public or private Facebook groups,
● Private Member or Participant Areas
● Any other online platforms used to deliver the Services from time to time.
Means our website www.smartbookscourses.com
Smart Books® Materials
Means any materials supplied by us to you in connection with the Services and includes, without limitation, the following:
● Course guidance documents
● Recordings, videos, audio files
● Any other materials or outputs supplied in connection with the Services
Means a subscriber to our Membership Services.
Means any one of our online, on-demand training services as described in the Services section or as offered on our Site from time to time. This includes any free trial Course Place.
You or your
Means a browser or user of this Site, a Participant to a Training Course or Subscriber to a Membership Service as the context requires.
Means a day on which banks in New Zealand are ordinarily open and excludes a Saturday, a Sunday or a public holiday. Any other reference to a ‘day’ shall mean a calendar day.
3. Acceptance of these Terms
3.1 How you accept You accept these Terms when you access or use this Site or access or purchase any Online Goods and Services provided on or via this Site.
3.2 Your promises about you By using the Site, accessing or purchasing any Online Goods and Services, you warrant that:
- you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
- have read and accepted these Terms; and
- will comply with these Terms.
3.3 If you use this Site on behalf of someone else If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
3.4 Supplemental Terms May Apply These Terms supplement and incorporate our policies and terms and conditions posted within the Online Goods and Services you purchase from us.
4. Use of Site
4.1 Third Party Sites Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse, or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
4.2 Discontinuance We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
5. No Professional Advice
5.1 No professional advice You acknowledge and accept that your use or purchase of any Online Goods and Services does not constitute professional advice. It is information only.
5.2 Information only All content, including the Online Goods and Services made available to you on this Site, contains general information and does not take into account your specific needs, objectives or circumstances.
6. Using Smart Books® Materials
6.1 Licence to use Smart Books® Materials By accessing, using, downloading or viewing our Smart Books® Materials, we grant you a non-exclusive, royalty-free, revocable license to use the Smart Books® Materials for your own business or personal use only.
6.2 Prohibition on sharing You may not assign or transfer the Smart Books® Materials to any other person without our express written consent. Where you share with your advisors, we do not grant them a licence. We reserve the right, in our sole discretion, to accept or refuse to provide the Online Goods and Services to you at any time for any reason.
6.3 No guarantees from us regarding fitness for purpose You accept and acknowledge that whilst we confirm that our Smart Books® Materials are authored by qualified personnel for the country, territory or state for which they are offered or sold, we do not provide any warranties or guarantees regarding the Smart Books® Materials and make no representations that they are suited to your specific needs.
7. No Commercial Use or Sharing of our Smart Books® Materials or Information Content
7.1 No Commercial Use or Sharing No Smart Books® Materials or Information Content may be copied, reproduced, transmitted electronically or otherwise used in any way in whole or in part for the purpose of commercial gain by you or any third party for either personal use or in competition with us.
7.2 Audits regarding infringement We reserve all rights, from time to time and at our sole discretion, to perform online audits using available third party technology and search tools to establish if any breach of these terms and infringement of our intellectual property rights has occurred. This is subject to applicable privacy and cyber security laws which we shall not breach in the performance of such audits.
8. Creation of Account
8.1 Unregistered browsing You can browse and view the Site as an unregistered user.
8.2 Creation of Account You will be required to register and create an Account with us to access and purchase the Online Goods and Services.
8.3 Information for Accounts You must provide basic information when registering for an Account including name, email address, and location. Any username you choose to use must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
8.4 Account Profile Once you have registered an Account, your account information will be used to create a profile that you may then curate (Profile). Your Profile is personal, and you must not transfer it to others, except with our written permission.
8.5 Keeping your account details up to date You must provide accurate, current, and complete information during the registration process and you must update such information to keep it accurate, current, and complete.
8.6 Keep your Account details confidential You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
8.7 Inform us if there is unauthorised use You will immediately notify us of any unauthorised use of your Account. At our sole discretion, we may refuse to allow any person to register or create an Account and will always refuse access to persons aged 18 years or under.
8.8 Suspension or withdrawal of Accounts We reserve the right to suspend, withdraw or cancel your Account at any time, in our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation or use of the Online Goods and Services.
SECTION B: TRAINING COURSES
9. Booking a Course Place
9.1 Online Booking Our Training Courses are designed to be purchased online and no in-person training is available via use of this Site.
9.2 Eligibility Training Courses are available to the general public, however, a Participant must be at least 18 years of age to make a purchase from us.
9.3 Warranties When registering for a course, the Participant warrants to us that all information provided is complete and accurate.
10. Completing a Training Course
10.1 Time to complete is indicative only Any suggested duration of a Training Course is to be used as an indication only of the amount of time required to complete the course.
10.2 Failure to complete the Training Course Where a Participant has not completed a Training Course, no refunds or credits are available.
10.3 Withdrawal mid-course Any withdrawal from a Training Course after the course has begun will result in the loss of any online progress/results in the corresponding online module.
10.4 Failure to commence a Training Course Any failure by a Participant to login, complete, engage or attend a Training Course will result in the forfeiture of all payments made, or complimentary Course Places used, in connection with the Course Place for that Participant for that particular Training Course.
11. Training Course Fees
11.1 Training Course Fee Options We will detail the specific Training Course fees and payment options on our Site. Payment methods will be one of the following:
- Fees may be payable in full in advance
- Fees may be offered in instalments or via a payment plan.
12. Cancelling a Course Place
12.1 Cancellation of a Course Place Any request to cancel a Course Place must be in writing to us by email and may only be requested prior to the commencement of any online modules.
12.2 Cancellations will result in a credit We will offer you a credit against your Account for a cancelled Training Course (Credit). In this case the following applies:
- You must use your Credit within 12 (twelve) months of the date of issue.
- Any unclaimed Credit balances that are older than 12 (twelve) months will be retained by us.
12.3 No refunds We do not offer a refund for cancellations of a Training Course.
13. Vouchers for Training Course Places
13.1 Voucher Issuance You may purchase or be awarded a Voucher (for example via a Prize Draw) up to a set value to be redeemed against a Training Course.
13.2 Expiry Date for Vouchers A giftee must utilise their Voucher within 12 (twelve) months of issue otherwise it will expire and no longer be valid.
13.3 Exclusions for Voucher Use A Voucher is not redeemable for Membership Services.
13.4 Vouchers are non-transferable The giftee of a Voucher may not on-sell, transfer or nominate another individual to utilise or redeem their Voucher.
13.5 Vouchers have no cash value A Voucher has no cash value and may not be redeemed or exchanged for cash.
14. Training Course Content
14.1 Training Course delivery We will make all reasonable efforts to deliver the course as outlined on the Site.
14.2 Training Course syllabus may vary We reserve the right to make reasonable amendments and updates to the content and syllabus of a course when necessary.
14.3 Technical issues To ensure Participants can successfully participate in our online courses, we recommend that they review the performance of their technology as we cannot accept any responsibility for slow loading, latency or failure to view or access streamed sessions, recordings, audio or other online content forming part of our Training Courses.
15. Course Completion Certificates
15.1 Certificate Issuance We shall issue a completion certificate to Participants who successfully complete a Training Course. These have no monetary value and cannot be exchanged, transferred, assigned or gifted to any third party.
15.2 No Accreditation Whilst some of our Training Courses are specific to Xero®, we offer no accreditation or certification for or on behalf of Xero®.
SECTION C: MEMBERSHIP SERVICES TERMS
16. Membership Services Term
16.1 Availability of Membership Services The Membership Services will be available to a Subscriber for the duration of the Membership Term.
16.2 Minimum Term applies The Membership Services are for a period of twelve (12) months.
17. Membership Services Renewals
17.1 Automatic Renewal The Membership Services will automatically renew upon expiry of the then current Membership Term for a further period of twelve (12) months unless a Subscriber has indicated that they do not wish to renew the Membership on or before the expiration date of the Membership Term.
17.2 Renewal on Current Rates Any renewal will be on the current, published Membership Service price for a Subscriber’s chosen plan level (where applicable) as at the date of renewal (we will inform you of any price changes in advance).
18. Cancelling Membership Services
18.1 Cancellation of a Membership Service A Subscriber may cancel a Membership Service at any time during the membership term by emailing us with at least thirty (30) calendar days’ notice in writing by email.
18.2 Final cancellation payment Where a Subscriber has selected to pay for a Membership Service in instalments, they remain liable to pay the balance of the service plan fees up to the end of the cancellation notice period.
18.3 Cancellation of Upfront Annual Membership Where a Subscriber has paid an annual up-front fee for your Membership Service and cancels prior to the end of the Minimum Term, we will calculate the pro-rated refund due and this will be refunded to the Subscriber either by bank transfer or via their card used to process the subscription (as applicable).
SECTION D: AFFILIATE TERMS
19. Additional Affiliate Terms
20.1 Registration as an Affiliate An affiliate must apply to be registered with us and we reserve the right to refuse a registration request at our sole discretion.
21. Discount Codes
21.1 Issuing Discount Codes Only a registered Affiliate may issue a discount code.
21.2 Discount code must be valid A valid discount code must be used and we reserve all rights to decline use of a code where it is out of date or expired or does not match any current discount code issued by us.
21.3 Discount Codes Limit Per Participant A limit of one discount code for a one-time use for one Training Course may be used per Participant.
21.4 Exclusions to Discount Codes A discount code may not be used for any Services specifically excluded from discounts on our Site.
21.5 Eligibility to Use Discount Code Where a discount code is offered by a specified affiliate or valued partner to their members or audience, we reserve the right to request evidence of the membership of the proposed Participant to determine their eligibility.
22. Commission Generating Codes
22.1 Commission An Affiliate may only issue an assigned commission generating Code (also referred to as coupons) that has been automatically generated via our affiliate software or issued by us to receive a commission.
22.2 Payment of Commission An Affiliate will only receive a commission for a transaction for a purchase of Online Goods and Services that have successfully completed. Payment of commission will be made to the Affiliate in the timeframe published via our third party affiliate software.
22.3 Transactions that result in charge backs or refunds Any such transactions will not qualify for commission and will not be paid out.
22.4 Fair Use Policy We reserve the right to introduce a fair use policy from time to time.
22.5 Participants may only use one Code A Participant may only use either a Discount Code or an Affiliate Code with a purchase of Online Goods and Services. An Affiliate cannot offer both a Discount Code and an Affiliate Code to a prospective Participant.
22.6 Marketing tools We may share promotional media such as our banner, logo or specific Course promotions to an Affiliate for use in their social media, newsletters, member communications and other advertising platforms. Only promotional materials supplied by us shall be used by the Affiliate. An Affiliate is granted a limited, personal, non-exclusive, non-transferable license to use such content their own personal and internal business use to
download the media or get the HTML embed code in order to share on affiliate channels.
SECTION E: GENERAL TERMS
23. Member and Participant Areas
23.1 Use of Member and Participant Areas Our Member and Participant Areas are only available to Participants or Subscribers (as applicable).
23.2 Participant and Members A Participant of a Training Course does not have to be a Subscriber to our Membership Services.
23.3 Member Only Area Our Members Area is a private forum which may only be accessed by our Subscribers. This area may include competitors and persons or entities with whom a Subscriber may have a conflict of interest. It is at a Subscriber’s own discretion to use and participate in such a forum.
23.4 Use is at your own risk Whilst we use reasonable efforts to ensure the Member and Participant Area is secure, nothing on the internet is truly 100% secure. Any information a Participant or Subscriber shares in a Member and Participant Area is shared entirely at your own risk and it does not constitute Confidential Information.
23.5 No responsibility We accept no responsibility or liability whatsoever if the sharing of information on any Member or Participant Area causes a loss of any form (including but not limited to loss of profits, clients, goodwill and consequential loss).
23.6 No professional advice No form of training or information shared by us in a Member and Participant Area can be construed as professional advice from us, or any Subscriber or Participant.
23.7 No recording No recording, screenshotting or otherwise sharing any content from a Member and Participant Area is permitted.
23.8 No abusive or inappropriate content or behaviour A Participant and Subscriber (as applicable) accepts and agrees that any content, behaviour or language that is defamatory, abusive, inappropriate or antagonistic (in our sole opinion) will not be tolerated in either one of our Member or Participant Areas and may be deleted by us at any time.
23.9 Removal We reserve the right to remove any person or entity in breach of these Terms from a Member or Participant Area and to terminate their Participation in a Training Course or access to Membership (where applicable) if we deem necessary.
24. Public Interactive Platforms
24.1 Use of Public Interactive Forums Our Public Interactive Platforms are public forums which may be accessed by all our subscribed members, which may include your own competitors and persons or entities with whom you may have a conflict of interest. It is at your own discretion to use and participate in such a forum.
24.2 Use is at your own risk Any information you share on a Public Interactive Platform is shared entirely at your own risk and it does not constitute Confidential Information.
24.3 No responsibility We accept no responsibility whatsoever if your sharing of information on any Public Interactive Platform causes you loss of any form including but not limited to loss of profits, clients, goodwill and consequential loss.
24.4 No professional advice No form of training or information shared by us on a Public Interactive Platform can be construed as professional advice.
24.5 No recording No recording, screenshotting or otherwise sharing any content from a Public Interactive Platform is permitted.
24.6 No abusive or inappropriate content or behaviour You accept and agree that any content, behaviour or language that is defamatory, abusive, inappropriate or antagonistic (in our sole opinion) will not be tolerated on a Public Interactive Platform and may be deleted by us at any time.
24.7 Removal We reserve the right to remove any person or entity in breach of these Terms from a Public Interactive Platform and to terminate their Membership (where applicable) if we deem necessary.
25. Prize Draws
25.1 Prize Draw means a promotion where the winner is determined by chance through a randomised selection of a Participant’s details from qualifying submissions that meet the criteria specified in a promotion (Draw).
25.2 Automatic Entry A member of our Membership Services is automatically entered into a Draw at the frequency published on our Site.
25.3 Prizes The prizes offered as part of a Draw are published on our Site from time to time. We reserve the right to substitute a prize with an alternative of equal or lesser value at our sole discretion.
25.4 Limits to winning Draws We reserve the right to re-Draw where the member selected at random in a Draw has already received a Prize within the twelve (12) months immediately preceding the Draw.
25.5 Winning Draws The winner of a prize draw shall be determined by a Draw and the details, including the time and date of the Draw, shall be set out in the promotion specific terms published on our Site or via another form of communication (e.g. a newsletter).
25.6 Where winners cannot be contacted We reserve the right to determine a new winner where, after three (3) attempts within ten (10) calendar days of the winner being determined, we have been unable to contact the winner.
25.7 Prize The prize (including its total value) will be described in the promotion specific terms published on our Site.
25.8 No alternative prize The prize must be taken as offered, cannot be redeemed for cash and is neither transferable nor exchangeable, except at our sole discretion.
25.9 Non acceptance or use of prize If the winner does not accept the prize, it will be forfeited, and we reserve the right to determine a new winner.
25.10 Decision is final Our decision is final, and no correspondence will be entered into in connection with our choice, option or availability of a prize.
26.1 How we will treat confidential information We agree to treat as confidential, all Confidential Information exchanged in the course of providing our Online Goods and Services to you.
26.2 Neither party will disclose confidential information Neither of us may disclose any Confidential Information of the other party to a third party with the exception of information:
- which is in or becomes part of the public domain (unless it has entered the public domain by breach of this clause);
- which is required to be disclosed by law; or
- which is disclosed to a third party with the written consent of the party to whom the information belongs.
26.3 Confidentiality continues Our duty of confidentiality to each other is ongoing and continues after the completion of any Online Goods and Services.
26.4 Information shared on a Public Interactive Platform You agree and acknowledge that if you choose to post, publish or share any information in a Public Interactive Platform, this does not constitute Confidential Information.
27. Intellectual Property rights
27.1 Our Intellectual Property The Site and Online Goods and Services contain intellectual property owned by us, including, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software.
27.2 No Transfer of Rights Your use of the Site, purchase or download of any Online Goods and Services and access to any Information Content does not grant or transfer any rights, title or interest to you in relation to this Site, the Online Goods and Services or the Information Content.
27.3 Limited License For any Information Content or Online Goods and Services that are downloaded by you or to which you are granted access, we grant you a limited, personal, non-exclusive, non-transferable license to use such content or services for your own personal and internal business use.
27.4 No Infringement by You Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Information Content or Online Goods and Services in any manner, except for modifications in completing the Information Content or Online Goods and Services for your authorised use.
27.5 No Removal of Copyright Notices You shall not remove any copyright notice from any of the Information Content or Online Goods and Services. Doing so may infringe on our intellectual property rights.
27.6 Competitors Prohibited Where you are a Competitor, you are expressly prohibited from using our Information Content and any Smart Books® Materials, in any way that competes with our business.
27.7 Indemnity for breach If you breach these Intellectual Property terms, we will hold you responsible for any loss, damage or expense, however arising, whether direct or indirect and/or whether present, unascertained, future or contingent we suffer, and hold you accountable for any profits that you may make from non-permitted use.
28. Consumer Guarantees
28.1 Consumer Guarantees Where you are a business in trade and purchase any Online Goods or Services from us, to the extent permitted by law, the Consumer Guarantees Act 1993 (New Zealand) (CGA) does not apply. If you are a domestic purchaser and consumer, the CGA shall apply subject to the limitations set out in these Terms, including to avoid doubt, the Warranties and Disclaimers section of these Terms.
29. Warranties and Disclaimers
29.1 Exclusion of our Liability To the extent permitted by law, all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose of the Online Goods and Services.
29.2 No Guaranteed Outcomes for Training Courses Whilst we can project an average learning outcome for a Participant on a Training Course based on our experience and their investment of time and effort, any outcome is indicative only and is not guaranteed.
29.3 No liability for Losses We will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, including loss of opportunity, profit or otherwise suffered or incurred by you in connection with any Online Goods and Services.
29.4 Remedies if we are Liable If any legislation implies any condition or warranty and we cannot rely on the clauses above, then to the extent permitted by law our liability for breach of all such conditions or warranties will be solely limited to a refund of the fees paid by you for the Training Course or Online Goods and Services to which our breach relates. We are not liable to re-perform or re-offer the Online Goods and Services unless expressly agreed .
29.5 Your Acknowledgements You acknowledge and agree that you use the Online Goods and Services at your own risk.
29.6 No Implied Warranties You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
30. Indemnity from You to Us
30.1 Indemnity from you to us To the maximum extent permitted by law, you agree to indemnify us, and hold us and our related entities, affiliates, officers, agents and employees harmless, against any loss, liability, claim or demand (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising from your use of this Site in violation of these Terms or due to any breach of these Terms or any applicable laws by you.
30.2 Indemnity continues This indemnity is a continuing obligation, independent from the other obligation under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.
31. Updates to Information Content
31.1 Information Content is subject to change without notice. We do not undertake to keep our Site up-to-date, and we are not liable if any Information Content is inaccurate or out-of-date or does not meet your specific purposes or needs.
32. Online Payments
32.1 Payment gateway We use the Stripe Payment Gateway for our online card transactions. Stripe processes online credit card transactions securely for thousands of merchants globally, providing a safe and secure online payment service. Payments are processed in real-time.
32.2 No access to card details We do not have access to full card numbers. All applicable debit or credit card payment is secured by Stripe. Please visit www.stripe.com/nz for more information.
32.3 Security Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry. To accomplish this, we use the best-in-class security tools and practices to maintain a high level of security at Stripe. Learn more about the security of using Stripe to handle your payments at https://stripe.com/docs/security/stripe.
32.4 Currency All prices are in New Zealand Dollars and we charge your credit or debit card in New Zealand dollars. If you live outside New Zealand, the New Zealand amount will be charged to your card using your provider’s current exchange rates.
32.5 Exchange and transaction fees Please remember that buy/sell exchange rates can be different depending on when your card provider processes the transaction, so the amount that appears on your card statement may be slightly different to the converted invoiced amount. Card companies may also charge international payment fees and/or commission for selling you foreign currency. Please contact your card provider directly for their terms and conditions.
32.6 Additional Payment Methods We may set out or offer several payment methods on this Site. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third-party payment processor.
32.7 Failed Card Payments Where a repeating subscription transaction or online card payment fails, we reserve all rights to suspend or withhold Online Goods and Services until a successful payment has been made.
33. Dispute Resolution
33.1 When this Section Applies The parties agree that any dispute, controversy, or claim arising between the parties out of or in connection with these Terms, or in relation to any question regarding the existence, breach, termination, or invalidity (Dispute) will only be resolved by following the process described in this section.
33.2 Send a Dispute Notice Where a Dispute arises, either party may give notice to the other (by email) to set out the details of the Dispute (Dispute Notice).
33.3 Confirm Receipt The party who receives a Dispute Notice (Recipient) must acknowledge receipt of it within forty-eight (48) hours.
33.4 Consult to Resolve Both parties will promptly attempt to resolve the Dispute by consultation and discussion at the lowest practicable level of escalation first. It must then include more senior management if the Dispute cannot be resolved (if senior management is available).
33.5 Where a Resolution Cannot Be Found Where the parties cannot agree to resolve the Dispute between themselves, they can use a third-party forum to assist.
33.6 Parties Can use Mediation If the Dispute is not resolved within ten (10) Working Days (or any longer period agreed by the parties) of receipt of the Dispute Notice by the Recipient, either party may submit the dispute to be resolved by mediation by giving notice to the other party. This notice must be in writing by email or registered letter only and must be addressed to the other party.
33.7 Location of Mediation The mediation will be conducted before a single mediator at a location to be agreed by the parties, on the terms of the Resolution Institute Standard Mediation Agreement (NZ version). The mediator will be agreed between the parties or, failing agreement, within five (5) Working Days of receipt of a Dispute Notice, appointed by the Chair for the time being of the Resolution Institute or his/her nominee.
33.8 Services to Suspend We will suspend performance of the Services under these Terms until the Dispute has been resolved.
33.9 Interlocutory Relief Permitted Nothing in this section will prevent either party from seeking urgent interim relief from a court of competent jurisdiction.
33.10 Deemed Notice Any written notice given under these Terms shall be deemed to have been given and received as follows:
- by handing the notice to the other party in person; or
- by leaving it at the registered address of the other party as stated in these Terms or any Account or registration profile; or
- by sending it by registered post to the address of the other party as stated in these Terms or any Account or registration profile; or
- if sent by email, to the other party’s last known email address.
34. Governing Law
34.1 Law Your use of our Site and these Terms are governed by the laws of New Zealand.
34.2 Jurisdiction You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
35. Testimonials and Reviews
35.1 We can re-post reviews you leave Where you leave us a review, you accept and acknowledge that we may pre-post, copy or repurpose this for our marketing and promotional purposes.
35.2 Testimonials Where you consent to supply us with a testimonial, you are granting us permission to publish this, including your image, name, business name and logo across any social media channels or printed materials that we choose to use.
36.1 Severability If and to the extent any provision or part of a provision is illegal or unenforceable, such provision or part of a provision will be severed from the contract formed under these Terms and will not affect the continued operation of the remaining provisions of the contract under these Terms.
36.2 No Assignment You will not assign or otherwise transfer your rights or obligations under these Terms.
36.3 Signing Not Required It is not necessary for a contract for Online Goods and Services created in accordance with these Terms to be signed. You are bound by these Terms if you have purchased any Online Goods and Services.
36.4 Electronic Acceptance The parties agree that any legal requirement may be met by using electronic means in accordance with the Contract and Commercial Law Act 2017. In this clause the term “legal requirement” has the meaning given to it by section 219(2) of the Contract and Commercial Law Act 2017.
37.1 How to lodge a complaint If you have any complaint about our Site or Online Goods and Services, please contact us via our contact page stating your name, contact details and nature of your complaint.
37.2 Timing to respond We shall use all reasonable endeavours to respond to you within a reasonable timeframe.
End of Terms.