Terms + Conditions - Start With You

IT’S GOOD TO KNOW ABOUT THE FINE PRINT.

BY VISITING www.startwithyou.co YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.

OVERVIEW

The terms “we”, “us”, “our” and “Start With You” refers to Start With You Ltd. The term the “Site” refers to www.startwithyou.co. The term “user,” “you” and “your” refers to site visitors, subscribers, customers/clients and any other users of the site. The Site provides a place where users can read articles on personal and professional development and a service where users may purchase online classes, workshops, services and products related to personal and professional development (the “Service”). Use of The Site and any sales made through this site, including all materials presented herein and all online services provided by Start With You. (“SWY”), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers/clients, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE + SERVICE

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to personal and professional development and other information are subject to change. SWY makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. SWY disclaims all liability for any inaccuracy, error or incompleteness in the Content.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. In other words, think before you post.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER

Any order placed on a site belonging to the company SWY implies full and unreserved acceptance of these terms and conditions.We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Please. We would love to solve the situation for you.

PRODUCT DESCRIPTION

We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

PRICE

The prices are indicated in New Zealand dollars (NZD) with all taxes included (at the rate of NZ GST 15%) where appropriate, excluding shipping and processing of your order. The price of items can be changed at any time. However, the price applied to an order will be that announced at the time of the order.

PAYMENT

Payment is due immediately on the date of the order, including for pre-order products. You can pay by credit card. We do not accept American Express. Secure online payment by credit card is made through the company Stripe or EWAY. The information transmitted is encrypted by software in the rules of the art and cannot be read during transport over the network. Any guarantee as to the security of this system is entirely the responsibility of the companies Stripe and EWAY cannot be attributed to us.

DELIVERY

Delivery is made to the address you specified when placing your order (therefore, pay particular attention to the spelling of the address you enter and especially the postal code). The risks will be your responsibility from the date on which the ordered products have left our premises. However, in the event of a lost package, we will do everything necessary so that you still receive your product or that you are reimbursed according to your warranty. Digital products are received via email and cannot guarantee these emails will arrive to you, only that we send them. Please advise us ASAP (once you’ve checked your Spam folder!) if you’ve not received an expected confirmation or product email so we can help.

YOUR PERSONAL DATA

By providing your email address as a subscriber or client you consent to our collection and use of any personal data supplied. You have the right to access and rectify personal data concerning you. We will not share your personal data with anyone unless it’s a partner that you’ve agreed to share your details with through one of our offers/projects. By entering your email address on one of our network sites, you will receive emails containing newsletters, information and/or promotional offers concerning products published by SWY. You can unsubscribe or change your preferences at any time. You just have to click on the link at the end of our emails.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to SWY. You retain copyright and any other rights you may rightfully hold in any content which you submit through the Service. Content you submit to SWY, remains yours to the extent that you have any legal claims therein. By submitting an order, you agree to hold SWY harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by SWY, including trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy. In layman’s terms, please don’t steal any of our content and reposition it to sell as your own. That’s just bad manners.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, SWY is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if SWY has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall SWY’s cumulative liability to you exceed the total purchase price of the Service you have purchased from SWY, and if no purchase has been made by you SWY’s cumulative liability to you shall not exceed $100.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with SWY. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and SWY pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by SWY shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by SWY.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed to the address below.

MEMBERSHIP TERMS AND CONDITIONS

I am so pleased you have decided to join one of my membership programmes – please read the following important terms and conditions before you commit to joining, and as part of your membership onboarding.

These membership terms & conditions (the “Terms”) define the terms for your purchase of a membership subscription at Start With You Ltd (the “Membership”).

‘I’, ‘me’ or ‘my’ and ‘we’, ‘us’ or ‘our’ means Start With You Ltd and ‘You’ or ‘your’ means the person buying or using my services and resources.

We are a limited liability company, Start With You Ltd, registered in New Zealand.

Membership Terms

The details of your Membership programme are set out on the webpage where you signed up for the membership and in your membership online portal once you’ve joined.

When signing up for the Membership or using any resources you agree to be legally bound by these terms, by my website terms of use (above) and privacy policy, and specific terms which apply to the membership which may be set out on the webpage for the Membership or in email correspondence between us.

When you sign up for my Membership by clicking the payment link on my site or sales page, or the link I send you by email, you might get an automatic acknowledgment. However, this doesn’t mean you’re officially in the membership yet. I might reach out and, at my discretion, refuse your entry – for instance, if I think the membership isn’t a good fit for you or if there’s been a mistake in the pricing or description. I’m not obliged to provide a reason for this refusal.

The Membership is not suitable for persons under 18 years of age, and by signing up you confirm that you are eighteen 18 years of age or older.

Sometimes, things beyond my control might affect the availability of the membership. If that happens, there could be a delay before I can make it available again. I’ll do my best to minimize the impact of these events, keep you updated on what’s going on, and get things back up and running as soon as possible. These events might include things like illness, IT issues, or problems with hosting providers.

If membership resources or any content added by you or other members aren’t available, get corrupted, deleted, or fail to be stored, I won’t be liable in those situations.

I reserve the right to make changes to the membership from time to time. The availability of the content, as well as platforms and compatible devices, may change from time to time. I also reserve the right to replace or remove any resources and the platforms available to you through the membership, and to otherwise make changes in how I operate it. I may from time to time, with respect to any or all members, offer certain features or other elements of the membership, including promotional features, user interfaces, schedules, pricing, and advertisements.

We use all reasonable endeavours to protect our site, but we are not responsible for any viruses, bugs or similar issues. We advise that you use your own virus protection software to protect yourself.

When you gain access to the resources in the membership, the resolution and quality of the resources you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your access. While I use all reasonable endeavours to provide a quality experience, I cannot make any guarantee as to the resolution or technical quality of the content you will receive.

In order to gain access to the resources in the membership, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements of the membership platform and software. From time to time I may change the requirements for compatible devices and, whether a device is (or remains) compatible may depend on software or systems provided by the device manufacturer or other third parties. As a result, devices that are compatible when you sign up may cease to be compatible in the future.

Your responsibilities

You will pay the fees for the Membership in accordance with the Membership description.

Account, Password, and Security: When you sign up for the membership, you’re required to choose a username and password. It’s your responsibility to keep your login information confidential and to handle all activities under your account. You agree to (a) notify me immediately of any unauthorised use or security breaches, and (b) log out at the end of each session. Each registration is for a single user only, and you can’t use another member’s account without my permission.

No Sharing of login details. You may not share, give or sell your login details to any other person or entity. Excessive viewings or logins by any member may be treated as fraudulent use of the membership, in which case it will result in the immediate cancellation of membership without refund. I reserve the right to cancel any membership I believe has been compromised, or is being used fraudulently, at my sole discretion.

Any content you post or submit while you are a member to our site or the platforms we use for the Membership (including any chat platforms or social media groups) is subject to our website terms and conditions, and our Community and Group Forum Guidelines.

You acknowledge it is your responsibility to handle any issues which may arise as a result of your joining the Membership, and whether or not you follow through on any information I provide. Hence, while I fully expect great results to come from your participation in the Membership, I cannot guarantee any specific outcomes or that all members will achieve the same results. The results are entirely dependent on your commitment and the effort you put into the resources I make available.

This Membership and my work does not treat mental disorders and is not a substitute for counselling, therapy, mental health care or medical treatment of any kind. By signing up for the Membership you confirm that you will not use the resources in place of any form of counselling, therapy or medical treatment.

If you are currently receiving treatment from a doctor or other healthcare professional, by agreeing to these terms and conditions and signing up for the membership, you confirm that you have consulted with the person treating you regarding the advisability of signing up for this membership and that this person is aware of and supports your decision to proceed with the membership.

Community and Group Forum Guidelines

The Wisdom Sessions membership circle is a sacred container and so are the online and in-person spaces we share at any time. These guidelines ensure a safe and nurturing community for us all and apply to group calls, membership forums, online chat groups and any other containers we share:

Support and Inspire

This community is about growing ourselves and supporting the upliftment of all. Being actively supportive of one another is a great way to do this. That includes honouring oneself and others, focusing on what works, and sharing inspiration and aspirations. It doesn’t mean providing coaching or advice.

Share growth and wins

You’re encouraged to get comfortable with sharing about what’s going well. Focusing on progress and celebrating progress over perfection are really healthy habits to cultivate. This community is designed to be a safe place to share your wins and celebrate who you are so we can also celebrate who you are.

Be Kind and Courteous

How we each treat one another creates the safety and sacredness of this community. Let’s treat everyone with non-judgement and respect, even when we’re challenged outside our comfort zone. Honesty, healthy boundaries and kindness are encouraged.

Bullying of any kind isn’t allowed, and degrading comments about things like race, religion, culture, sexual orientation, gender or identity will not be tolerated.

No Promotions or Spam of Offensive Material

Self-promotion, spam and irrelevant links aren’t allowed to be shared. Inappropriate, inaccurate or offensive content may not be posted. We reserve the right to remove any posted content.

Respect Everyone’s Privacy

As per our membership terms for confidentiality, what’s shared in the community should stay in the community.

Fees and payment

The fees for the membership are set out in the membership description.

Membership fees are payable monthly or there may be an option to pay 12 months in advance. The membership fees are billed on a periodic basis as specified at the time of purchase (e.g., monthly or yearly). Your membership subscription will continue on a recurring basis corresponding to the term of your subscription unless and until it is cancelled or discontinued according to the terms of this agreement.

The membership fees are non-refundable except for:

if you are a consumer and have a legal right to a ‘cooling off’ period and
where I cancel your membership and you are entitled to a partial refund for any period of time which you have paid for in advance and during which you will not have access to the membership.

In all other circumstances I am not able to refund to you any of the payments you have made in advance.

Intellectual property

Any materials I provide you with, whether digital or printed, any intellectual property in those materials belongs to me and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.

The resources in the membership (including the content on any of my websites) are provided for your information and personal use only and (unless I explicitly state or agree otherwise in writing) may not be recorded, reproduced, downloaded, copied, distributed, transmitted, broadcast, displayed, sold or licensed in any way for any other purpose whatsoever.

We will be recording live sessions that I will likely make available to you through the membership. For all such sessions you participate in, you authorise me to use your image and voice in any such recordings (and to make use of such recordings in any way I think fit) without payment, other condition or need for further consent.

Confidentiality

All information you share with me will be kept strictly confidential, except when releasing such information is required by law and/or where I perceive there are concerns of risk to yourself or others and it is deemed necessary.

Where you participate in any group sessions and group forums/chat groups or live events, you agree to keep strictly confidential any information shared by participants in those situations and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant.

The obligations in the above two clauses will not apply to information which:
has ceased to be confidential through no fault of either party;
was already in the possession of the recipient before being disclosed by the other party; or
has been lawfully received from a third party who did not acquire it in confidence.

It is not permitted to have anyone else join or even listen in on your group calls or any part of the membership programme.

Your and my confidentiality obligations under this clause will continue after termination of this agreement.

Suspension, Termination or Cancellation

Your right to cancel. You may cancel your membership at any time. After you cancel, you will continue to have access to all the resources until the end of the billing cycle. Your membership fees are recurring and your membership must be cancelled 48 hours prior to the renewal date in order to avoid additional membership charges. If you have signed up to a subscription where you pay for several months or a year in advance, that subscription is also recurring and will renew automatically on the expiry date. It is your responsibility to terminate your membership yourself or notify me if you wish to terminate your membership before the renewal date.

You cancel your membership by following the instructions on the website or by contacting us at karen@startwithyou.co. If you wish us to cancel the membership for you, you must let us know at least 48 hours before the renewal date.

I reserve the right to suspend your access to any part of the membership programme, or to terminate your membership if you commit any material breach of the terms of this agreement.

If I terminate your membership and suspend or discontinue your access due to your breach of this contract, then you will not be entitled to any credit, refund or discount in relation to the membership fees already paid by you.

If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.

Liability

We are in no way able to control the behaviours or conduct of our other clients within or outside of the membership programme and are not responsible and cannot be held liable for any of the behaviours or actions of other clients within the group. You agree to indemnify and hold harmless Start With You Ltd for any damages you suffer from any interactions or communications with any other members of this programme.

You agree to indemnify and hold harmless Start With You Ltd, and affiliated companies, their officers, directors and employees from any and all claims, expenses, costs, demands, suits, judgments or other charges incurred by you as a result of your choice to participate in this membership, as outlined by this agreement. You will not hold Start With You Ltd or its coaches or other employees responsible for any negligent actions or adverse results, whether known or unknown, that you may incur or suffer as a result of the service you receive pursuant to this agreement.

Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury caused by negligence), I am not legally responsible for any:

losses that:
were not foreseeable to you and me when the contract was formed or that were not caused by any breach of these terms on my part.

business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.

My total liability to you is limited to the amount of fees you have paid for the membership.

Resolving problems and complaints

In the unlikely event that there is a problem with the membership, please contact me as soon as possible and give the opportunity to address any concerns with you and reach a positive outcome.

I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.

Nothing in this contract affects your legal rights under the Consumer Guarantees Act (CGA) in New Zealand (also known as ‘statutory rights’). You may also have other rights in law.

Disputes

I shall try to resolve any disputes with you quickly and efficiently.

If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of New Zealand will have exclusive jurisdiction in relation to this contract.

The laws of New Zealand will apply to this contract.

In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage each other or my website, products and services.

Entire agreement

These terms constitute the entire agreement between us in relation to your purchase.

Third party rights

No one other than a party to this contract has any right to enforce any term of this agreement.

Updated: Dec 2024