Terms of service

Kia Puāwai and Kia Puāwai Limited (“organisation”, “we”, “our” or “us”) and you (“you”, “your”, “client” or “all relevant members of your whānau”) agree as follows: 
 
1 GENERAL 
1.1 You acknowledge and agree that these terms and conditions (“terms”) shall apply to all services provided by or on behalf of our organisation to you from time to time, and that you and all relevant members of your whānau shall be bound by these terms. 
1.2 You acknowledge and agree that none of our employees or agents has authority to vary these terms without the prior written consent of the relevant manager overseeing the services provided by or on behalf of our organisation to you. 
1.3 Your use of any of the services offered by our organisation constitutes your acceptance of, and agreement to be bound by, these terms, as amended, novated or varied from time to time. 
1.4 We reserve the right to unilaterally amend, novate or vary all or some of these terms at any time by posting the amended terms on our organisation’s website or sending our amended terms to you. If you continue to use our services after we amend all or some of these terms from time to time, you shall be deemed to have accepted our amended terms. 
1.5 You expressly acknowledge that it is your responsibility to ensure you and all relevant members of your whānau are familiar with the terms, as amended, novated or varied from time to time. 
1.6 You warrant that the signatures appearing on this document are authorised by you to sign these terms. 
1.7 The signatory(ies) to these terms jointly and severally guarantee payment by you to us. This guarantee will be a continuing guarantee. 
1.8 To be considered for our services, you must: 
(a) Provide us with certain information. You warrant that the information you provide to us is correct, complete, accurate and up to date at the time you provide it and you agree to maintain and update the information as required to keep it correct, complete, accurate and up to date at all times. 
(b) Comply with these terms, as amended, novated or varied from time to time, at all times. 
1.9 We may use the information you provide to us to verify that it is correct, complete, accurate and up to date. 
1.10 You give consent to our organisation to collect, retain and use personal information about you and all relevant members of your whānau for the purpose of: 
(a) Assessing whether you are suitable and/or eligible to participate in all or some of our services; 

2 PAYMENT, CANCELLATION AND REFUNDS 
2.1 Payment for our services including reasonable costs associated with our services such as travel costs, is required in advance.
2.2 If you wish to cancel any appointment, you must email us at thryv@kiapuawai.nz in advance of the relevant appointment.
2.3 Refunds will not be given, except as set out in clause 2.4 below.
2.4 We reserve the right to cancel any appointment/s and/or cease our services to you at any time at our sole discretion. If we exercise either of these rights, any amount you have paid in advance for the cancelled appointment/s or for services after the date we cease our services will be refunded in full, and such refund shall be the full extent of our liability to you in connection with any such cancellation or cessation of services.
2.5 You are liable and indemnify us in respect of all costs and expenses (including solicitor/client costs) incurred by us or on our behalf in the recovery or attempted recovery of outstanding moneys and the enforcement of these terms. 
3 GOODS AND SERVICES TAX 
3.1 Goods and services tax will be charged by our organisation on the cost of the services supplied or to be supplied by our organisation at the rates prescribed by statute and it is accepted by the customer as an addition to the cost of the services unless otherwise specified. 

4 INTELLECTUAL PROPERTY 
4.1 You acknowledge and agree that all intellectual property rights in all intellectual property of any kind created by us for you and any part of our website and/or our services and our material including material produced as part of our services, is and shall remain the property of our organisation or any of our suppliers, and must not be reproduced, copied or modified or provided to a third party without our prior express written consent. 
4.2 Audio and video recording is strictly not permitted during our appointments. 

5 PRIVACY POLICY  
5.1 We collect and hold personal information about you, including your: 
• name
• Contact information
• date of birth
• identification such as your driver’s licence or passport 
• state of health such as medical conditions
• payment information such as your credit card or bank account details 
• any other information you share with us 
5.2 We may sometimes collect personal information about you from other people if you have authorised us to do so. 
5.3 We may also collect your personal information if we believe in good faith we are legally required to do so. 
5.4 We may use and share your information with others including our agents, consultants, subcontractors, suppliers or our related entities for the purpose for which you give it to us. We will also share your information if you have consented, you expect us to do so or we have told you we will do so, we are legally required to do so and/or if we reasonably believe it will prevent or lessen a reduce a threat to someone’s life or health or for reasons of public or other people’s safety. 
5.5 Your information may be disclosed in special circumstances where we reasonably believe that doing so is necessary to identify, conduct or bring legal action against anyone damaging, injuring or interfering with our rights and/or property or anyone else who could be harmed. 
5.6 You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or have it corrected, please contact us at thryv@kiapuawai.nz.
 
6 EXISTING MEDICAL AND PHYSICAL HEALTH CONDITIONS 
6.1 You must disclose any existing medical or physical health condition and all medication that you have been prescribed at the time of booking our services. Our services do not extend to any existing medical or health condition already being medically treated. 
 
7 CONFIDENTIALITY 
7.1 We will hold all information obtained while providing services to you in confidence. Except as otherwise stated in these terms or any other agreement with you, we will not disclose that we are acting for you to any third party without your consent. 
7.2 We will not disclose your confidential information except: 
(a) To the extent set out in these terms; 
(b) To the extent necessary or desirable to enable us to carry out our services to you; (c) To protect our interests in respect of any complaint or dispute; (d) As required by law. 
 
8 COMPLIANCE WITH OUR RULES AND REQUESTS 
8.1 You, any member of your whānau or any person or invitee on your property are required to comply with our rules and requests, particularly in relation to any health and safety matter. 
8.2 You agree to take all practicable actions to ensure that no hazard that is or arises at on your property causes harm or injury to us or our kaimahi. 
8.3 We and any member of our kaimahi may refuse to enter your property or may immediately leave your property for any reason including matters concerning the health and safety of us and our kaimahi. 
8.4 Your attendance at and/or access of our property or any property associated with our services is, at all times, at the sole discretion of us and/or our owners, officers, directors, managers, members, agents, employees, consultants and/or subcontractors. We reserve the right to refuse entry and/or request that you immediately leave our property or any property associated with our services without notice for any reason whatsoever. 
 
9 SUPPLY TO BUSINESS 
9.1 Where the supply of services by our organisation is for business purposes, the provisions of the Consumer Guarantees Act 1993 shall not apply and our organisation can give no warranty that the services are suitable for the purposes for which the customer proposes to use them. All terms, conditions and warranties (whether express or implied) whether by our organisation and/or its agents or employees, statute or otherwise (other than those mandatory warranties in the Fair Trading Act 1986 and Sale of Goods Act 1908 or other similar legislation) are expressly excluded. 
 
 10 INDEMNITY
10.1 You agree that in supplying services, our organisation relies upon information supplied to it by you and/or on your behalf. 
Our organisation shall not be liable in any way for services provided based upon incorrect information received and you indemnify our organisation from and against all claims, liability, damages, losses, costs and expenses (including solicitor/client costs) that arise from services provided by us or our suppliers based upon any such incorrect information. 
10.2 You fully indemnify, defend and hold harmless, our organisation, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, employees, consultants and subcontractors, from and against all claims, liability, damages, losses, costs and expenses (including solicitor/client costs): 
(a) Arising out of or in connection with any breach of any of these terms by you or any other liabilities arising from your access or use of our services; 
(b) That you may suffer or incur in connection with your access or use of, or conduct in connection with, our services or any of our terms; 
10.3 Under no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including but without limitation to any loss of profits, goodwill, data or opportunity). 
10.4 You agree to indemnify us and, in particular, not to name us as a party in any such dispute or proceeding of any nature howsoever. 
 
11 LIMITATION OF LIABILITY 
11.1 Where the supply of services is for business purposes, the provisions of the Customer Guarantees Act 1993 and its amendments shall not apply. 
11.2 No warranty is given that the services are suitable for you or such services will meet your requirements and/or expectations. 
11.3 All terms, conditions and warranties (whether express or implied) whether by us, our parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, employees, consultants and/or subcontractors, statute or otherwise (other than those mandatory warranties in the Fair trading Act 1986 and Sale of Goods Act 1908 or other similar legislation) are expressly excluded. 
11.4 To the maximum extent permitted by law, any and all liability we, or any of our owners, officers, managers, members, agents, employees, consultants and/or subcontractors, may have to you (whether in contract, tort including negligence or otherwise) for any loss or any indirect, consequential or economic loss, injury or damage (howsoever caused) which you may directly or indirectly suffer in connection with: 
(c) Your access and/or use of our services; or 
(d) Your use of or reliance on information contained in or accessed through our services; or 
(e) Any service offered by us; is excluded. 
11.5 To the extent that any liability is incapable of exclusion, you acknowledge and agree that the maximum extent of our liability to you (or any party claiming by or through you), and that of our owners, officers, managers, members, agents, employees, consultants and/or subcontractors, is limited, in aggregate, to a sum equal to the sum actually paid by you to us for of any services used by you in the thirty (30) days immediately preceding the event giving rise to our liability under this clause. 
 
12 DISCLAIMER 
12.1 Every effort has been taken to ensure that the content of our website and/or our materials is accurate, however, we cannot guarantee such content is correct. We will do our best to rectify any errors identified, however, we cannot accept any liability or responsibility for any claim, liability, damage, loss, cost or expense (including legal fees) incurred. 
12.2 All services and/or offers are subject to change and availability without notice. 
 
13 FORCE MAJEURE 
13.1 We will not be liable to you for: 
(f) Any claims, liability, damages, losses, costs and expenses (including legal fees on a solicitor/client basis) caused by events beyond our reasonable control. 
(g) Any delay or failure to perform our obligations arising from any cause beyond our reasonable control. 
13.2 We will endeavour to resume our obligations as soon as reasonably possible after the removal of the cause of the delay or prevention. 
 
14 ASSIGNMENT 
14.1 We may at any time, and without the need for any consent from you, assign or transfer all or any of our rights and obligations to you to any person or entity. Any such assignee shall be treated as our organisation for all purposes. 
14.2 You may not assign or transfer any of your rights or obligations to us to any other person without obtaining our prior written consent. 
 
15 ELECTRONIC COMMUNICATIONS 
15.1 You agree that these terms constitute an instrument in writing signed by you for the purposes of all applicable laws and regulations. 
15.2 You agree that to the fullest extent permitted by applicable law, these terms and any agreements, notices or other communications (“communications”), may be provided to you, at our sole discretion electronically, or in paper format, by prepaid post, and you agree to receive all communications from us in electronic form if we so elect. 
15.3 Electronic communications will be delivered to the email address you provide to us. 
15.4 You may print a copy of communications sent electronically and retain them for your records. 
15.5 Any communications in either electronic or paper format will be considered to be in "writing" and to have been received no later than three (3) business days after posting or dissemination, whether or not you have received or retrieved the communication. 
 
16 GOVERNING LAW 
16.1 These terms, together with our policies and procedures, are governed by and construed in accordance with New Zealand law. This means that a contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by New Zealand law. 
16.2 You agree to the exclusive jurisdiction of the courts and tribunals of New Zealand. 
 
17 DISPUTE RESOLUTION 
17.1 If there is any dispute in any way connected with or arising out of or howsoever touching upon these terms, you agree that such dispute will be resolved in accordance with our then current dispute resolution procedure for the time being in force (the details of which we will notify to you in writing). 
The undersigned as client, or authorised signatory(ies) on behalf of the client, acknowledge that my/our signature confirms that I/we are duly authorised by the client to sign these terms, and I/we have read, understood and accepted the terms, and I/we agree to be bound by such terms.