Legal Guff - Grit with Grace Coaching.

Terms of service.

1. Contractual Relationship
1.1. These terms ("Terms") and our Privacy Policy apply to the access and use of Grit With Grace Coaching Limited's website www.grit-with-grace-coaching.co.nz or www.grit-with-grace-coaching.com ("Website") and the ordering and purchase of products and services from us through our online store via the Webflow and Cliniko.

1.2. In these Terms, "Grit with Grace Coaching", "us", "we" or "our" means Grit with Grace Coaching Limited and "you" and "your" means any person accessing and using the website or making service enquiries, orders or purchases, whether as principal or as agent for any other person.

1.3. Please read these Terms carefully before accessing or using our Website. If you do not agree to all Terms, then you must not access the Website. By accessing and/or using the Website and by ordering or purchasing Products, you accept these Terms and our Privacy Policy. We reserve the right to update, change or replace any part of these Terms from time to time upon providing you with [15] days’ notice of any change, and such notice will be posted on the homepage of our Website. We recommend that you check this page periodically for changes to these Terms. Your continued use of or access to the Website following expiry of the notice period constitutes acceptance of those changes.

1.4. By agreeing to these Terms, you represent that if you are in New Zealand you are 18 years of age or over, or at least the age of majority in your country, state or province of residence to be able to enter into a binding agreement in your jurisdiction, or that you are the age of majority in your country, state or province of residence be able to enter into a binding agreement in your jurisdiction and you have given us your consent to allow any of your minor dependents to use this Website, and have all necessary rights, powers and authority to agree to and comply with these Terms and our Privacy Policy.

1.5. Our services and products are hosted on Webflow and in Cliniko and use Stripe as our payment gateway. Webflow, Cliniko and Stripe provides us with the online e-commerce Website that allows us to sell our services and products to you.

Your Legal Compliance Obligations
By purchasing and using our services, you acknowledge and agree that you are aware of and will comply with all legal obligations imposed on you in relation to using our services.

‍Online store of terms of use.

‍1. Prices
1.1. Our prices for the services are outlined on our website or by invoices. Unless otherwise stated all charges are in New Zealand dollars, inclusive of goods and services taxes (such as GST).

2. Modification to our Services and Charges
2.1. We may at any time without notice modify the prices or descriptions of our services and/or modify our service range, including by adding or discontinuing any service.

2.2. You must pay for your services in full at the time of your session or on invoice by one of the payment methods we accept on the Website. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We use the third party payment provider Stripe, Inc. to process payments. To the maximum extent permitted by law, we are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.

2.3. You agree to provide current, complete and accurate purchase information for all purchases made at our store. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions contact us as needed.

2.4. By making an order, you expressly authorise us, before accepting your order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

2.5. If we reject or cancel your session we will promptly refund any payment already made by you to your original payment method.

‍3. Liability
3.1. Neither party (Affected Party) will be in default or in breach of these Terms due to any matter that is outside of its reasonable control, including any act of God, strike, lockout or other interference with work, war, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosions, governmental or quasi-governmental restraint, intervention, direction or embargo, sanction or restriction (including export controls), pandemic, epidemic, supply chain disruption or shortage of supply but excluding lack of funds or authority or power on the part of the Affected Party.

Liability – important note:
Nothing this clause 8 (Liability), is intended to exclude, limit or have the effect of contracting out of the Fair Trading Act 1986, and nothing will prevent a party from exercising its rights and remedies under Subpart 3 of Part 2 of the Contract and Commercial Law Act 2017 or the Fair Trading Act 1986

Website terms of use.

4. Prohibited Uses
4.1. You must not:

(a) edit or otherwise modify any material on the Website;
(b) republish or redistribute material from the Website (including republication on another website);
(sell, rent or sub-license material from the Website; or
(d) reproduce, duplicate, copy or otherwise exploit material from the Website for a commercial purpose.

4.2. We may restrict access to the Website, in whole or in part, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.

4.3. You must not:

(a) use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website or the servers or networks that host the Website;
(b) use the Website, any material on the Website or any of our community areas, in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c ) post or transmit any information or material which in any way infringes or violates the rights of others or which is offensive, illegal, defamatory, threatening, invasive of privacy, obscene, discriminatory or otherwise objectionable;
We may, but are not obliged to, remove any content which we consider is in breach of the above provisions.
(d) use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(e) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent; or
(f) access or otherwise interact with the Website using any robot, spider or other automated means.

5. Accessing our Website
5.1. Information about Services on our Website is based on material provided by third party merchants, suppliers. Except as required by law, we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

5.2. We do not warrant that the services will meet your individual requirements. You acknowledge that the services are standard and not made bespoke to fit any particular requirements that you may have.

5.3. Although efforts are made to ensure material on our Website is current, complete and accurate, to the extent permitted by law:

content is provided without any guarantees, conditions or warranties, express or implied;
you should not rely on any information accessed using the Website to make a purchasing decision – you should make your own
due to photographic and screen limitations associated with the representation of products, some actual Products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website;
we will not be liable for any loss or damage of any kind arising out of, or in connection with, the use of our Website by you, including reliance on any information on our Website by any visitor to our site, or by anyone who may be informed of any of its contents.

5.4. Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, including after you have submitted your order.

5.5. We have made reasonable efforts to ensure that the Website is free from viruses or other destructive elements. However, to the maximum extent permitted by law, we do not guarantee that the Website will be secure or free from bugs or viruses. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website.

5.6. We will not be liable for any loss or damage caused by any technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website it links to.

5.7. We do not warrant that the Website will be available at all times and without disruption. If the need arises, we may suspend access to the Website, or close it indefinitely.

6. Third Party Links
We may provide you with access to third-party links on our Website such as Terms and Conditions | Cliniko which are not affiliated with us and as such we neither monitor nor have any control nor input. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You acknowledge and agree that we provide access to such links on an "as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement and use by you of third party websites are entirely at your own risk and discretion. We shall have no liability whatsoever arising from or relating to your use of optional third party links. Please carefully review the third-party's terms, policies and practices and make sure you understand and approve the terms of their service before you engage with the third party. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

7. Indemnification
You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising directly out of any third-party claim against us relating to your use of our Website which is in breach of these Terms.

8. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it (including the Grit with Grace Coaching name and logo), unless otherwise stated. You do not have any rights in or to such intellectual property rights.

9. Privacy
We are committed to respecting your privacy. We will always collect, store, use and disclose personal information in accordance with applicable privacy laws. However, we have also put in place a privacy policy (see below) to protect your personal information that you submit or we collect.

10. Electronic messages
10.1. E-mail and electronic transmission is a convenient method of delivery. However, internet mail is not secure and any communications or documents transmitted may be interfered with, contain computer viruses or other defects and may not be successfully replicated on other systems. We will not be liable for any copying, recording, reading or interference by others during or after a transmission, for any delay or non-delivery or for any damage caused in connection with a transmission.

10.2. We are committed to full compliance with the Unsolicited Electronic Messages Act 2007. By subscribing to emails and/or text communications, or otherwise providing your email address and/or mobile number, you consent to receiving emails and/or texts (as the case may be) which promote and market our products and services, or the products and services of others, from time to time.

11. Miscellaneous terms
11.1. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

11.2. These Terms are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

11.3. Any waiver or purported or implied waiver by a party of strict compliance with these Terms will not be deemed to be a waiver unless it is in writing and signed by an authorised representative of that party. Any such waiver will not prejudice the rights of the relevant party in respect of any breach of these Terms to which such waiver does not specifically relate.

11.4. These Terms are the entire agreement between the parties and supersedes all other communications, negotiations, arrangements and agreements between the parties whether oral or in writing in connection with the subject matter of this agreement. However, nothing in this agreement is intended to exclude, limit or have the effect of contracting out of the Fair Trading Act 1986, and nothing will prevent a party from exercising its rights and remedies under Subpart 3 of Part 2 of the Contract and Commercial Law Act 2017 or the Fair Trading Act 1986 in relation to representations made by the other party in relation to the Agreement.
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Update: The Terms were last updated on 2 October 2024.
Questions: about the Terms of Service should be sent to us at nwkassel@icloud.com

Privacy Policy.

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase chose a service from www.findingfocus.nz (the “Website”).

In this Policy, “Grit with Grace, "us", "we" or "our" means Grit with Grace Limited and "you" and "your" means any person accessing and using the Website or making product enquiries, orders or purchases, using our services whether as principal or as agent for any other person.

What personal information do we collect?
You may give us information about yourself, such as your name, address, email address, telephone numbers, payment information (including credit or debit card information) and additional information about you, when, for example, you create an account, make a product enquiry or purchase from us. If you do not give this information, we may not be able to provide products or information to you and/or you may not be able to access certain functionality on the Website. When you visit the Website we may collect more information, such as the address of your Internet service provider, your time zone, the name of the web page directing you, your clicks and activity on our site and your preferences.

How do we use your personal information?
We may use the information to process your transactions and enquiries (including delivering products to you or making it available for collection), to administer your account, to conduct credit and other checks, for our own internal purposes (such as risk management, staff training and billing), to help us to develop the Website to be more available and user friendly to our customers or to modify our product range or pricing, and for any other use which you may authorise.

In addition, we may use the information to promote and market our products and services, or the products and services of others. By subscribing to emails and/or text communications, or otherwise providing us with your email address and/or mobile number, you consent to receiving emails and/or texts (as the case may be) which promote and market our products and services, or the products and services of others, from time to time. These emails and texts will always include an "unsubscribe" facility. Further, if you do not wish to receive them, you can update your records on our Website or email us at nwkassel@icloud.com

Our processor Webflow uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

Will we disclose the information to others?
We do not sell, trade or rent your personal information to others.
However, we do use other companies and individuals to perform services on our behalf, such as delivering products, sending mail and emails and processing payments. They will have access to your personal information needed to perform these services, but we will not authorise them to use your information for other purposes.
We use to power our online store. You can read more about how Webflow uses your Personal Information here: https://webflow.com/legal/privacy
In addition, we may provide statistics about our customers, sales, traffic patterns and related site functions to reputable third parties.
We (or Webflow) may use your personal information to provide you with targeted advertisements or marketing communications we (or Webflow) believe may be of interest to you. For example:

We (or Webflow) may use Google Analytics to help us understand how our customers use the Website. You can read more about how Google uses your personal information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
We (or Webflow) may share information about your use of the Website, your purchases, and your interaction with our ads on other websites with our advertising partners. We (or Webflow) may collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

‍You can opt out of targeted advertising by:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Cookies
The Website uses a technology called cookies. A cookie is a small element of data that our Website may send to your computer. Any such cookie is typically stored on your computer's hard drive and permits our Website to recognise you when you return. Our use of cookies helps us to provide you with a better experience during your use of the Website by allowing us to understand what areas of the site are of interest to you. You may configure your web browser to not accept cookies, although you may experience a loss of functionality as a result.For more information about cookies, including information on how to disable cookies, visit http://www.allaboutcookies.org.

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Security
We take security seriously, and we understand that the online payment methods provided by Webflow & Cliniko & Stripe on our Website use industry standard security measures. However, we accept no responsibility for any loss, misuse, unauthorised access or disclosure, alteration or destruction of personal information which you submit to us.

What about links to other websites?
The Website may contain links to other sites that are not under our control. These websites may have their own privacy policies, and we encourage you to review them. We have no responsibility for linked websites, and provide them solely for your information and convenience.

Updating your personal information
You may obtain confirmation from us as to whether or not we hold personal information about you. You may also request a copy of the information and/or request that corrections or changes are made to it. You can request changes to your personal information by emailing us at nwkassel@icloud.com

Policy changes
We may change this policy from time to time and will notify you by posting an updated version on the Website. This document represents our privacy policy as at 2 October 2024.

Feedback
We welcome your questions and comments at nwkassel@icloud.com

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