Terms & Conditions of Trade

Balanced By Samantha Ann

Terms and Conditions of Trade

 

1.         DEFINITIONS

1.1       In these Terms and Conditions:

(a)     “Agreement” means any order or engagement letter relating to the Services, and these Terms and Conditions.

(b)     “We” or “Us” means Samantha Ann McInnes trading as Balanced By Samantha Ann and her successors and assigns.

(c)     “You” means the person, firm, company or entity buying Services from us.

(d)     “Services” means all Services we will supply to you under a proposal, order or invoice relating to personal coaching.

 

2.         PRICE

2.1       Price plus tax: You will pay the price indicated on our website, invoice, order form or other similar document issued by us (“Price”), together with the amount of any Goods and Services Tax or any other tax which may be payable in respect of the supply of Services or otherwise under these Terms and Conditions.

2.2       Quotation: Any quotation we have made for the supply of Services constitutes an invitation to treat and not a binding offer.  All quotations lapse after 30 days but We reserve the right to change or withdraw any quotation without notice at any time.

2.3       No deductions: All payments by you will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.

2.4       Cancellations and refunds:  If you wish to cancel a booking the following will apply:

(a)     Personal coaching: No refund will be made where you cancel a booking within 24 hours of the scheduled session;

(b)     Online workshops: No refund will be made where you cancel a booking within 48 hours of the scheduled workshop commencing.

(c)     All cancellation requests must be made in writing.

2.5       Cancellation by us: We reserve the right to cancel an online workshop if we do not attract enough participants.  If this does occur we will refund the Price in full.

 

3.         PAYMENT

3.1       Payment in advance: All Services will require payment in advance in order to confirm a booking.  Alternative payment terms may be negotiated on a case by case basis.

• Website payments: Payments you make via our website are processed by Stipe Inc., and its global affiliates (“Stripe”). Payments are processed in United States Dollars.

3.3       If you pay by credit card via Stripe you agree to indemnify us against any default by your credit card company to make payment to us in full.

3.4       Instalment payments: Where we have agreed that you may pay the Price in instalments you must complete payment of all instalments, even if this Agreement is cancelled prior to completion of the Services.

3.5       In cases where we provide you with credit, if you fail to make payment in full of any amount payable pursuant to this Agreement on the due date that will constitute a default. In cases of default and without prejudice to any of our other rights or remedies, simple interest at 1.5% per month will be payable on demand from the due date until payment.

3.6       Acceleration: Notwithstanding any agreed credit period, full payment for all unpaid Services will become due immediately upon:

(a)     You or any guarantor becoming insolvent or bankrupt;

(b)     The commencement of any act or proceeding in which your or any guarantor’s insolvency is involved; or

(c)     You or any guarantor resolving to wind up or being ordered to be wound up or having a receiver, liquidator of official manager appointed in respect of all or any of your assets; or

(d)     You or any guarantor ceasing to trade.

 

4.         PENALTY FOR LATE PAYMENT

4.1       Default interest: Failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any other rights or remedies available to us, simple interest at our bank’s current overdraft rate will be payable upon demand and from the due date until payment.

4.2       Legal costs: You will indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which we may suffer or incur as a result of any failure by you to make due and punctual payment.

 

5.         PERFORMANCE OF THE SERVICES

5.1       One on One Bookings: Depending on the Services calls or in person appointments will be booked as appropriate.  You are required to make and attend scheduled appointments.  If you will be late or cannot attend an appointment you must give us at least 24 hours’ written notice.  A missed appointment will only be rescheduled at our discretion.  If we cannot proceed with a scheduled appointment we will notify you and either reschedule the session or offer you a refund at our discretion.

5.2       Use of reports: Any reports prepared or procured by us as part of the Services are to be used only by you.

5.3       Services to be supplied: You acknowledge and agree that the Services are limited to those set out in the invoice, order form or other similar document issued by us.

5.4       Copyright: We retain intellectual property rights in all the materials and techniques we use in supplying the Services.  You agree not to copy or distribute any materials we supply to you.

 

6.         YOUR OBLIGATIONS

6.1       Information and Participation: you will provide us with any relevant information required to enable us to perform the Services. You are expected to participate honestly and fully in the Services and positive results depend on this.  You agree to respect our professional boundaries and comply with any terms we have together agreed for the Services.  If you are disruptive or breach this Agreement we may terminate this Agreement immediately on written notice.

6.2       Health and Safety: If we need to come to your home or other premises it is your responsibility to ensure that all safety measures have been taken so as to comply with all applicable health and safety laws. Prior to us attending your home to perform the Services you will:

(a)     Inform us of all applicable health and safety rules and regulations that may apply at the site;

(b)     Notify us promptly of any risk, safety issues or incidents that may arise or may have arisen at the site that are relevant to our provision of the Services.

 

7.         OUR OBLIGATIONS AND WARRANTIES

7.1       We warrant that:

(a)     We have the right to enter into this Agreement;

(b)     We will perform the Services to a reasonable standard of care and skill;

(c)     We will perform the Services in accordance with relevant laws.

 

8.         LIABILITY

8.1       Consumer Guarantees Act: If you are a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Those rights apply alongside these Terms and Conditions and are not affected by anything in this clause.

8.2       Limitation of liability:

(a)     Claims: We will have no liability for unsatisfactory Services unless you notify us in writing of your claim within 7 days after performance of the Services;

(b)     We will have the option, exercisable at our discretion, to replace or give credit for any services in respect of which any claim is made or proven or to refund a portion of the price paid for the Services, thereby fully discharging all our legal liability;

(c)     If either party is liable for direct losses arising from a breach of this Agreement or for negligence, the liable party’s obligation to pay damages or losses is limited to the Price paid for the Services to which the liability relates.  This limitation does not apply to any loss or damage caused by fraud, wilful breach or wilful damage;

(d)     We are not liable for any loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss;

(e)     Notwithstanding any other provision of this agreement, neither party will be liable for indirect, special, consequential or similar damages or losses, including but not limited to loss of profit or revenues or other financial or economic losses of any kind and whether or not the other party has been advised of the potential for such damages.

• Disclaimer:

  • We do not guarantee that you will make progress or achieve results from the Services. You understand that because of the nature of the Services the results experienced by clients may vary.

  • If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. If, at any time, you think you may be suffering from a medical condition you should seek medical advice.

  • You acknowledge that the Services do not constitute mental health treatment. If you have any specific questions about any mental health matter you should consult your doctor or other professional healthcare provider.

  • You acknowledge that the Services do not constitute legal advice. If you have any specific questions about any legal matter you should consult a legal advisor.

  • We do not take responsibility for your actions or behaviours outside our sessions or programmes. We do not advise specific actions and the choices you make as a result of the Services are your own.

 

9.         GENERAL

9.1       Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, act of God interfere with our performance of any of our obligations under these Terms and Conditions then we may at our sole discretion suspend our performance of any such obligation or cancel any contract for the purchase of Services and we will not be liable to you in any respect.

9.2       Waiver: These Terms and Conditions remain in force notwithstanding any neglect, forbearance or delay in enforcement.  We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.

9.3       Severability: If any clause or provision of these Terms and Conditions will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement.  The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.

• Privacy Policy: Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in performing the Services. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with the provision of the Services and any future like arrangement or arrangements. Because we use Stripe to process payments, you consent to and understand that your personal information may be sent to Stipe, and may be transferred, processed and stored outside of New Zealand.

9.5       Electronic Communications: You consent to receive commercial electronic messages from us.  If you wish to opt out of receiving these messages please use the “unsubscribe” function or tell us in writing and we will remove you from the mailing list.

9.6       Confidentiality: Each party must keep confidential during the term and after termination of this Agreement the existence and terms of this Agreement and all information of a confidential or sensitive nature supplied by the other party to this Agreement except to the extent that disclosure is required by law or where such information is or becomes available in the public domain without breach by a party of its confidentiality obligations under this Agreement.  A party may disclose such information to its legal and other advisers, bankers and other persons who are subject to an obligation of confidentiality.