Website terms of use and terms of sale
1 APPLICATION OF TERMS
1.1 These Terms apply to your use of the Website and to any order for, or purchase of, Products you make via the Website. By accessing and using the Website, or ordering or purchasing Products via the Website:
a you agree to these Terms; and
b where your access and use is on behalf of, or you order or purchase Products on behalf of, another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, or to order or purchase (or attempt order or purchase) Products from us via the Website, and you must immediately stop doing so.
2 CHANGES
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, or ordering or purchasing Products from us via the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on 28/05/2022
3 DEFINITIONS
In these Terms:
GST means goods and services tax, value added tax, sales tax or equivalent tax payable under any applicable law
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Product means any product or service advertised or purchased or downloaded free of charge through the Website, including, but not limited to, Canva templates, online courses, memberships, private coaching and group coaching.
Terms means these terms and conditions titled Website Terms of Use and Terms of Sale
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means Three Zero Nine Limited trading as Girl in Motion
Website means https://girlinmotion.co and https://girlinmotion.co.nz
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4 YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to nat@girlinmotion.co
4.3 You must:
a not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to nat@girlinmotion.co.
4.5 Confidentiality:
a You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law.
4.6 By purchasing a Product, you agree to protect our privacy and other participants pursuant to the following conditions:
a You agree not to disclose any proprietary information, confidential information, or trade secrets relating to information and content provided through the Products.
b You will not discuss or disclose the experience or personal results of other participants unless you have gained written permission from us and the participant involved.
c You will not disclose any confidential or proprietary information shared by another participant or one of our agents or representatives.
d You may not share, disclose, reproduce, modify, distribute, sell, or create a derivative work from any content belonging to and shared by another participant.
4.7 Submissions:
a In your use of the Products, you may submit comments, suggestions, reviews, questions, and other information. However, any submissions that contain illegal, obscene, or threatening information will be removed, and you may be prohibited from future access or use of the Products. You also may not submit any type of spam including, but not limited to, mass mailings or chain letters, political campaign material, or commercial solicitations. You may not transmit any information which infringes on another party’s intellectual property, invades the privacy of another, or in any other way causes injury to another individual.
b Should you choose to post anything on our Website, social media pages, webinars, or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyber bulling, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.
c We reserve the right to edit and remove any content generated by or involving you on our Website, our group Facebook pages, or in the Teachable course platform. We assume no responsibility or liability for any content sent or posted by you or any other person.
d You agree and understand we have the right to refuse or immediately terminate your access to our Website or Facebook Groups at any time, for any reason, with or without notice. Should this occur, we do not owe you an explanation, nor is this decision subject to any appeals or legal action. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you in a way we see fit, which you agree will be satisfactory to you.
4.8 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5 ORDERS
5.1 When you place an order for Products via the Website:
a you confirm that:
i you are aged 18 years or over;
ii you are legally entitled to purchase those Products; and
iii you are bound by these Terms in relation to that order, subject to our acceptance of that order;
b you are making an offer to buy the Products, and we are not bound by that order until we have accepted it;
c our acceptance of your order occurs when we issue you a confirmation email of receipt of your order; and
d you may not cancel or alter any order that we have accepted, in whole or in part, without our prior written consent.
5.2 We reserve the right to accept or reject your order in whole or in part, or to cancel any order that we have accepted in whole or in part at any time, for any reason including, without limitation, the unavailability of any Products, an error in the price or the description of Products on the Website, an error in your order, or us not receiving payment in full. Where we cancel an order in whole or in part after we have accepted it, we will notify you of the cancellation by email and will refund your payment in accordance with clause 6.3a but will have no other obligations to you in respect of the order (or the cancelled part of the order, as applicable).
6 PRICES AND PAYMENT
6.1 If you are purchasing Products via the Website, you must pay:
a the price for those Products stated on the Website; and
b GST on any taxable supplies
6.2 We accept payment via credit card. Payments will be processed by our third party payment providers: Teachable and Stripe.
6.3 We will refund to you an amount that you have paid to us only:
a where we have received payment from you in relation to an order (or part of an order) that we do not accept or that we cancel; or
b as required by law.
We will remit any amounts payable by us to you by crediting the credit card from which your payment was made.
6.4 ONLINE MEMBERSHIP CHARGES
a Free Trials: a free trial membership is valid for a pre-determined amount of time. Free trial members are still bound by these terms and conditions. To begin a free trial, members may be required to provide payment information. At the end of the free trial period, a membership will automatically begin as specified unless the membership is cancelled prior to the end of the trial period. One trial per customer is permitted. You may not use alternate names and/or email addresses to start additional free trials. We reserve the right to cancel the membership of anyone abusing this policy.
b Monthly Membership Charges: a monthly membership is valid for 30 days from the date you join and automatically renews each month on your original subscription date.
c Auto-billing: when you subscribe to our online membership, the monthly membership costs will be automatically debited from your chosen payment method (after your free trial ends, if applicable). You can cancel at any time. If you cancel before the end of your membership term, you will not receive a pro-rated refund however you will continue to have access to the member library until the end of the term.
d Should the payment method you provide be declined in for subsequent payments, we will attempt to process the payment within 14 business days. If the payment method continues to be declined and an alternate payment method is not arranged, your membership will be terminated effective immediately.
7 INTELLECTUAL PROPERTY
7.1 We (and our licensors) own all proprietary and intellectual property rights in the Products, the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel) and the Underlying Systems.
7.2 You must not copy, reproduce, adapt, translate, re-sell, reverse-engineer or make derivative works from the whole or any part of:
a the Products; or
b the Website or the Underlying Systems.
7.3 Our Limited License to You
By purchasing one of our Products, we grant you a limited, non-transferrable, revocable license to view and utilise content for your personal use only. You may access and download purchased content subject to a limited, non-transferrable, revocable license for your own personal, non-commercial use to access, download, and view the material.
This license is granted for use by (1) individual only. If you would like to share a Product with a friend, business partner, or colleague, each individual must each purchase the Product separately.
If you violate any portion of these terms, you must destroy any copies you made of our content immediately and your right to access and use the Products shall terminate automatically. We reserve the right to take any and all appropriate legal action against infringement upon our intellectual property rights. We also reserve the right to revoke your access to any purchased material, without refund, and take any appropriate legal action.
8 DISCLAIMERS
8.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a any Product being unavailable;
b the Website being unavailable (in whole or in part) or performing slowly;
c any error in, or omission from, any Product or any information made available through the Website;
d any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Products or Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Products or Website protects you from this; and
e any site linked from the Website or Products.
8.2 The Website may contain links to third party suppliers who provide products or services that relate to or supplement the Products. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators. We may receive an affiliate marketing fee for click-throughs on these links.
8.3 Without limiting clause 8.1, you rely on the Products and any other materials available on the Website at your own risk. We make every effort to ensure that the Products are accurate and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the Products. The Products and all materials on the Website are provided for guidance purposes only. You should not construe any such information included in the Products as legal, tax, investment, financial, medical, mental, psychological, or other advice.
8.4 We make no representation or warranty that the Products, your purchase of the Products, any use of the Products or the Website are legal or appropriate in all countries, that the Website is available for use in all countries or that the content of the Products or the Website satisfies the laws of all countries. You are responsible for ensuring that your purchase and use of the Products and your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
8.5 We do not make any guarantees as to the results, including financial or other personal gains, of your use of the Products. You agree to take responsibility for your own results with regard to using the Products. You understand that because of the nature of the Products, the results experienced by you may significantly vary. Products and information are intended for a general audience and do not purport to be, not should be construed as, specific advice tailored to any individual. We are not responsible for decisions made as a result of the Products and assume no responsibility for errors or omissions that may appear.
8.6 You are encouraged to seek professional advice and counsel relating to medical, mental, psychological, legal, business, and financial matters. The information or content provided through the Products is not represented in any way to be a substitute for such professional advice.
8.7 EARNINGS DISCLAIMER
a While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website.
b Testimonials and statements showcased on the Website may include those from people that took part in a beta testing programme and had access to Products free of charge.
c You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches our Products with different backgrounds, disposable income levels, motivation and other factors that are outside of our control. Therefore, we cannot guarantee your success merely upon access or purchase of our Products or related materials.
9 LIABILITY
9.1 To the maximum extent permitted by law:
a you purchase and use the Products and access and use the Website at your own risk; and
b we are not liable or responsible to you or any other person for any Loss in connection with the Products, your use of the Products, these Terms, the Website, or your access and use of (or inability to access or use) the Products or the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
9.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited:
a our liability for claims relating to the Products is limited to the purchase price paid by you for the Products; and
b our liability for all other claims is limited to NZD10.
9.3 To the maximum extent permitted by law and only to the extent clauses 9.1 and 9.2 do not apply or do not limit or exclude any liability:
a our total liability to you in connection with claims relating to the Products must not exceed the purchase price paid by you for the Products;
b our total liability to you for all other claims under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD10; and
c we are not liable to you for any:
i loss of profit, revenue, savings, business and/or goodwill; or
ii consequential, indirect, incidental or special damage or loss of any kind.
10 PRIVACY POLICY
10.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide Products to you or to provide you with updates about our Products or our Website.
10.2 When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
10.3 The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing and supply by us of the Products to you, credit checks (if necessary), and research and development.
10.4 We may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include information about the way users arrive at, browse through and interact with our Website. We may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on the Website. We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs. We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services.
10.5 Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
a to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
b in relation to the proposed purchase or acquisition of our business or assets; or
c where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
10.6 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
10.7 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at nat@girlinmotion.co.
11 SUSPENSION AND TERMINATION
11.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Products and/or the Website (or any part of them).
11.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
12 GENERAL
12.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
12.2 These Terms, and any dispute relating to these Terms, the Products or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms, the Products or the Website.
12.3 For us to waive a right under these Terms, the waiver must be in writing.
12.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 7, 8, 9 and 12.1, continue in force.
12.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
12.6 These Terms set out everything agreed by the parties relating to your use of the Website and the supply of the Products and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Products or the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.