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Terms & Conditions
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Terms and Conditions
These are the terms and conditions upon which EncourageMentors provides services and products. They do not necessarily apply to Associates of EncourageMentors. Each Associate applies their own terms and you should discuss these with your selected Associate before you proceed with their support. See Select and Talk to a Mentor.
Please read these terms and conditions in their entirety before continuing to use the EncourageMentors' website or providing any information.
An agreement between you and EncourageMentors will be made immediately once you confirm (at our request) your acceptance of the following terms and conditions. You will be bound by them in your dealings with EncourageMentors.
Index
Terms defined
'Website' and 'site' means the EncourageMentors web site located at the URL http://www.EncourageMentors.com.
'I', 'me', 'we', 'our' and 'us' means Tom Watkins of Christchurch, New Zealand, trading as EncourageMentors, together with Tom Watkins' employees, contractors and authorised agents (if any) but specifically excludes reference to any Associates of EncourageMentors.
'You' means you the person using our Services or visiting our site and 'your' will have likewise application.
'Services' means any goods or services offered by EncourageMentors for which payment is required.
Privacy policy
We collect and store all information that you give to us.
We do not sell, trade or otherwise disclose your personal details or email address to third parties unless specific permission to do so is granted by you.
The personal information that we collect from you will be held by us at 2 Lucas Lane, Christchurch 8022, New Zealand. The Privacy Act 1993 grants you certain rights of access to and correction of your personal information held by us.
We will always use our best endeavours to ensure that no information you provide to us through any medium, including your identity, is disclosed to any third party without your permission. You may at any time request that information provided to us through this system be deleted, in which case it will be, promptly.
Matters disclosed by you and of a general nature not identifying parties or organisations may be discussed with EncourageMentors' Associates as part of our professional supervision and development processes, unless you explicitly state that you are unwilling to have this happen.
If your fees are being paid by your employer, at their request we will report to the employer (a specifically-named person) these matters only: our summary of the effort and progress you make with our support; whether or not you are keeping commitments made and charged for; and whether or not our support seems useful and appropriate.
Nothing else about the mentoring arrangement (including the fact of its existence) will be disclosed to anyone without your express and prior permission
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Payment
Our rates for the services are described within the website and summarised within the Orders page.
We keep accurate records of our time taken in mentoring exchanges (hours and minutes) and keep you advised of your account status.
When fees for mentoring services are paid in advance and you use less time than you have paid for, excess payment will be refunded or (if you wish) you will be credited with the balance due except in the following circumstances:
- You give less than 24 hours notice to cancel a face-to-face meeting where the meeting is in the same city or town as us; or
- You give less than 72 hours notice to cancel a face-to-face meeting where we are required to travel to another city or town for that meeting; or
- You give less than 24 hours notice to cancel a telephone conversation mentoring session;
in which case all charges relating to preparatory work and any non-refundable travel expenses committed to for that meeting or telephone conversation will also be charged and become payable.
We normally require that payment be made in advance before we start to provide the Services. Payment of any invoice issued under any other negotiated arrangement is due within seven (7) of the invoice having been issued to you.
Payment is to be made by way of online credit card transactions or direct bank transfer, unless other arrangements have been first negotiated.
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Taxes
You are responsible for payment of any taxes or duties which may become payable on the amounts charged for the Services. Mentoring services provided within New Zealand attract goods and services tax (GST).
Any fluctuations in the rate of exchange are to be at your risk.
Payment is to be made in full without deduction or set off. If payment is not received by the due date then we may, in our discretion, charge interest on any unpaid amount at the rate of 5% above the 90 day commercial lending rate charged by the Bank of New Zealand at the time of default. In addition or alternatively, we may discontinue or withhold providing the Services until payment in full (including any accrued interest) has been received.
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Intellectual Property Rights
Tom Watkins authorises you to use his copyrighted intellectual property contained in or received by means of this site provided that you use the intellectual property for your own personal use only.
Disclaimer and Exclusion of Liability
All the information in this website or received from us by other means is presented in good faith and believed to be correct on the date it was submitted. But we make no warranties or claims about the accuracy or completeness of that information or the contents of any site linked to this website or materials which you may receive from us by any other means.
You acknowledge that you will receive and use the Services at your own risk and that you will take responsibility to decide whether it is suitable for your purposes before you use it. We expressly disclaim all and any liability and responsibility for the consequences of any actions taken by you or anyone else on the basis of the information we provide by any means. We do not warrant that the Services will meet your requirements.
In no circumstances will we be liable for any actual or consequential damages, loss or injury including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in transmission, computer virus or line failure or any actual or consequential damages that result from your using, or being unable to use, the materials on this website or materials which may receive by means of it. Whilst our liability pursuant to these terms and conditions is excluded to the greatest extent permissible by law, in the event that we are found at law to be liable to you, then our liability shall be limited to the amount paid, if any, by you to us for our Services over the 12 month period preceding the event giving rise to our liability.
The information on this website is subject to change without notice.
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Dispute Resolution
You agree to use your best efforts to resolve any dispute which may arise under the agreement reached between us as a result of your acceptance of these terms and conditions through negotiations in good faith. Neither you nor we may commence legal action against the other in relation to this agreement before either of us, or our representatives, has first met for the purposes of endeavouring to resolve the dispute on mutually acceptable terms. We, or our respective representatives, shall endeavour to resolve any dispute arising between us within 28 days of the date of that first meeting in connection with the dispute.
We reserve the right, but have no obligation, to mediate or arbitrate in any disputes between you arising through your use of our Services or the site.
Waiver
No delay, neglect or forbearance by us in enforcing our rights pursuant to this agreement against you will be a waiver of or in any way prejudice our rights.
Severability
If any provision of this agreement is held to be invalid, illegal or unenforceable, such provision will be severed and the remainder of the agreement will remain in full force and effect.
Governing Law
This document shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand courts.
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