Growmybiz Limited, trading as Co.OfWomen (“we”‘ or “us”) is a membership based business support and professional development organisation providing a combination of digital resources and hands-on support, programmes, events and facilitated introductions to advance the goals and aspirations of its members.
These terms of business apply to all offerings provided to you, by us. They exclude all other terms and conditions contained in any purchase order, confirmation of order or similar document sent by you.
These terms may be varied or added to at any time. A copy of our up-to-date terms and conditions is available from at https://coofwomen.biz).
1. Acceptance of terms
a. These terms form the basis of our working relationship. If you have any questions about them, please ask at the outset of our engagement, otherwise they are deemed accepted unless you tell us in writing prior to taking part in any session, event or purchasing a product or service.
b. Learning Programmes: Your acceptance onto our growth programmes is by way of an application to us in the manner outlined on coofwomen.biz or other websites.
c. Membership: Our acceptance of your application for membership is an offer by us to provide tools and development resources and/or business growth services in both on-demand and planned formats. Such specific terms are as advertised on the Co.OfWomen website and include any other conditions stipulated by us at the time our offer to you is made.
d. Acceptance of our offer is upon payment of the full price within the time stipulated by us in our offer. Failure to make payment as agreed can result in proceedings to recover any debt outstanding and the cost of such endeavour being passed on to you, the member.
e. Digital Products: In respect of online sales, these terms and conditions come into effect when you submit an order through our website or you instruct us to transact the payment on your behalf by providing your credit card details.
2. Our responsibilities to you
a. Our aim is to provide relevant resources and development options to support our member’s career and business objectives. In doing so, we will operate with best practice approaches that support optimal outcomes.
b. While no guarantee can be made that you will achieve the goals you have set for your business, we will use our reasonable endeavours to help you achieve those goals within the framework of the range of options we offer and which you have purchased. No responsibility is accepted on our part by any failure to meet the goals which you have set.
c. The information contained in our digital products is intended for general guidance only and it shall be your obligation to evaluate the suitability of the strategies and tactics suggested by us before implementing them into your business in order to assess their suitability for yourself and/or your business.
3. your responsibility to us
You agree to:
(a) make payment according to our agreed terms and conditions outlined to you in the invoice provided to you
(b) be a respectful, supportive participant in our community
(c) actively participate in the learning you undertake
(d) implement to the best of your ability your learning
(e) retain in confidence information shared by other members and seek permission from them prior to disclosing this
(f) not reproduce or pass on materials, tools and information provided without Co.OfWomen’s written permission
(g) disclose to us all relevant information to enable us to help you gain the most from our learning programmes.
4. Confidentiality and intellectual property (IP)
a. For the purpose of these terms, confidential information means all information in whatever shape or form which is not in the public domain and is of a confidential nature and includes (without limitation) know-how; trade secrets; information relating to shareholders, directors, officers, employees, professional contractors, suppliers, agents or clients; information relating to products, services, business systems, business policies and procedures, business transactions and contracts, business risks and business opportunities; financial accounts, records and legal advice; as well as information derived or developed from such information.
b. We agree to keep confidential all confidential information disclosed by you in our peer group and one-on-one sessions.
c. At events or during programme sessions you may also become privy to confidential information belonging to us or other participants. You agree to keep confidential such confidential information unless expressly authorised to disclose it.
d. Subject to our obligations to you under clause 4 above, all know-how or intellectual property developed or created in whole or in part by us or you during our sessions shall be our absolute property unless we formally declare otherwise in writing.
3. Whilst all participants in events and programmes are subject to the same obligations of confidentiality as you, we do not accept liability for participants in a group session breaching their obligations of confidentiality in relation to any confidential information disclosed by you during the course of that session.
f. Copyright in all digital products or other material provided to you in conjunction with our memberships is vested in us, unless expressly stated otherwise. You may use such copyright material for your own internal business use only and you shall not copy that material, share it with another business, store it on a database retrieval system, or exploit it for your own benefit without our express permission.
5. Price and payment
a. The price of our memberships, programmes, events and tools shall be as advertised on our website. These prices may vary from time to time. Unless stated otherwise, GST at the prevailing rate shall be paid in addition to the price.
b. Membership payments are facilitated via credit or debit card and card details are securely stored and encrypted by a third party provider.
c. Payment of our offerings must be made by the time stipulated in our offer to you. Our standard terms are that payment is made in full, prior to the commencement of the service or product delivery. Unless alternative payment terms have been agreed in writing, failing to pay by that time means that our offer to you lapses and we shall be under no obligation to fulfil the terms of our offer to you.
d. 12-installment payment option for annual membership
(i) Where you have selected to pay your annual membership fee via our 12-installment payment plan you are required to ensure adequate funds are available on your credit card to facilitate the monthly payments. (ii) Payments will be taken from your credit card on the same date that you activated your membership each subsequent month. (iii) Failure to make the installment payment will void the payment plan and the full outstanding amount will be required. (iv) Where at our discretion we allow you to remain on the installment plan following a failed payment, an administrative fee of $40.00 +gst will be charged for each failed payment.
e. If by agreement we extend credit to you such that payment may be made over a specific period, payment must be made according to the specific payment terms provided to you as stipulated in our agreement.
f. Where you fail to make a payment by the due date, we may (without prejudice to any other rights available to us):
(i) Immediately terminate any agreement to provide services to you and require immediate payment of all outstanding amounts to us; (ii) Charge interest at the rate of 10% per annum on all amounts outstanding until the date of payment; (iii) Require you to return or destroy all copyright material provided to you;
(iv) Recover from you such costs as we incur collecting payment from you on a solicitor and own client basis.
6. Cancellation policy
for all events, services and programmes offered
(1) Where you cancel: Where payment is made in advance - cancellations for an event can be offered as a credit applied to a future event - If the dates provided are not suitable a refund can be made with an admin fee deducted of no less than $40 (+gst).
(2) Where Co.OfWomen cancel: in the instance that we cancel an event that will not rescheduled we will refund in full the amount you have paid.
(3) Force Majeure - where cancellation is required due to circumstances outside of Co.OfWomen's control a place at a subsequent event will be offered - If the dates provided are not suitable a refund can be made with an admin fee deducted of no less than $40 (+gst).
(1) If Co.Of Women cancel: If we cancel a programme that will not rescheduled we will refund in full the amount you have paid.
(2) If you cancel/drop out
2.1 Where payment is made in advance (a) cancellations within 21 days of the start of the programme can be applied as credit (b) cancellations with more than 21 days notice will be refunded with an admin fee deducted of $100 (+gst).
2.2 No refund of fees will be made for a drop-outs after the start of a programme but a place on a subsequent programme can be facilitated - in this instance the registrant must do the programme from the start.
2.3 Where a payment plan has been offered - full payment of any outstanding monies will be required, as invoiced. If non- payment results in the debt being outsourced, associated collection fees will be paid by the debtor.
(1) All memberships are annual and can be cancelled at the end of the twelve month term or on receipt of the full membership fee.
(2) Non-utilisation of options provisioned in membership will not be deemed as a reason to terminate membership early if payment has not been made.
(3) Membership Renewal:
- Two separate email reminder notices will be provided ahead of the annual renewal date by email.
- If no request to cancel is received ahead of the renewal date, the membership will automatically renew.
7.Performance of services
1. All services (events, programmes etc.) will be held on the dates stipulated by us. Occasionally it may be necessary to cancel or reschedule these. Where this occurs we will use reasonable endeavours to rearrange the dates at a time that best suits participants (where applicable). If you are unable to attend a rescheduled date, we will make best endeavour to organise an alternative update in lieu. Refunds will not be provided.
2. Where possible we will follow the format advertised for our events and learning programmes. However, we may at our discretion alter the format or content where we believe it will better achieve the goals of the initiative.
3. We will utilise the services of experts, entrepreneurs, coaches or facilitators where we consider it appropriate.
1. We may terminate any agreement to provide services for our learning programmes or decline to offer any further services if you fail on more than 2 occasions to turn up to sessions.
2. In the event of termination under clause 8.1, we shall be under no obligation to provide you with a refund.
1. We warrant that: (a) Our Learning & Development programmes will be carried out by competent persons and with reasonable care and skill; (b) Any digital products purchased will correspond to the description given by us and will be fit for their purpose.
2. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908, Consumer Guarantees Act 1993, or implied by law are excluded to the fullest extent permitted by law.
3. We shall be under no liability to you to pay any damages or compensation to you for any indirect loss and/or expense (including loss of profit) suffered by you arising out of a breach by us of these conditions or arising out of our negligence.
4. In the event of any breach of these conditions or a negligent act or omission on our part, your remedies shall be limited to damages and under no circumstances shall they exceed the price which you have paid for the services or tools which you have purchased.
1. At our discretion we may request and collect personal information about you before agreeing to provide specific services in order to carry out such credit checks or references as we think appropriate. A failure to provide information requested by us may result in us declining to provide services or the termination of any agreement between us.
2. You have rights of access to any personal information which we collect subject to the provisions of the Privacy Act 1993.
3. You agree that your personal information may be used by us to advise you of our other goods and services subject to your right under the Unsolicited Commercial Electronic Messages Act to unsubscribe from any email communication at any time.
4. You agree that we may release to other parties’ information regarding the agreement between us in order to enforce the terms and conditions of this agreement.
11. No assignment
1. Any growth programme you participate in will be personal to you/ your business. You may not sell, transfer, assign or sub-contract all or any part of your interests or obligations under our agreement to any other person.
12. Law of contract
1. This contract is governed by the laws of New Zealand and we irrevocably accept the jurisdiction of the New Zealand courts.
2. Where there is dispute between us, it is our mutual intention to resolve that dispute amicably by negotiation, and where negotiation fails, by mediation. Where we cannot agree the identity of a mediator, a mediator shall be appointed by the Arbitrators and Mediators Institute of New Zealand.