This policy was first published on 20 October 2018.
Welcome to The Wayfinding Entrepreneur!
My name is Monika de Neef, sole trader in New Zealand, trading as The Wayfinding Entrepreneur.
Thus, if you do not agree to the disclaimer below, STOP now, and do not use my website, blog, e-mails, videos, social media, programs, products or services or anything you have purchased or experienced through me. (collectively “Website, Programs, Products and Services”).
This website and the products, services and programs offered on this site are not associated, affiliated, endorsed, or sponsored by any social media outlet, nor have they been reviewed tested or certified by any social media outlet.
My Site and Services are offered and available to users who are 18 years of age or older. By accessing the Site and/or Services, you represent and warrant that you are 18 years of age or older, and of legal age to form a binding contract with me. If you do not meet this requirement, you must not access or use the Site and/or Services.
All use of the Site and Services is governed by the terms set out below. All such terms and usage of the Site or Services is governed by New Zealand law, where I am based.
“Site” refers to The Wayfinding Entrepreneur website at www.wayfindingentrepreneur.com and its subdomains, its app, its other digital properties and its social media web pages.
“Services” refers to all products and services offered by or through the TWE including, but not limited to, written information, books, emails, tips, ideas, suggestions, discussion forums, presentations, methods, techniques, processes, audios, videos, affirmations, meditations, visualizations, coaching, classes, programs, courses, workshops, webinars, masterclasses, events, retreats, workshops, clothing, homeware and any other forms of merchandise and physical products.
“Users” will be deemed to be any person visiting or browsing the Site, utilizing or applying the contents of the Site, and/or any person purchasing Services from or through TWE (also referred to as “you”, “your” and “yourself”).
“Content Contributors” will be deemed to be any person or organization posting or submitting content of any form on the Site or within the Services, including but not limited to comments, text, articles, blogs, photographs, videos, audios, products, services, courses or programs.
About My Site
The Site and Services regarding business development provided by TWE and Monika de Neef (as a soletrader trading as TWE) are purely educational in nature and are offered only as general information, made available to you as self-help tools for your own use. When serving as a Business Coach, whether through in-person, phone, Skype, Zoom, online webinars, teleseminars, videos, audio’s, books, e-books, social media, and otherwise in a variety of settings, including but not limited to, individual and/or group programs, classes, workshops, events, retreats, seminars, coaching sessions, consultations and/or trainings, website content, blog, Programs, Products or Services, you acknowledge that I am supporting you in my role exclusively as a Business and Life Coach, and in no other role.
I am not responsible for your decisions or any loss of opportunity missed because of the provision of my products, services and programs. I am not providing financial or legal advice. I strongly recommend you seek independent advice in relation to these issues.
Not Legal or Financial Advice. The information contained in my Website, Programs or Services is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, I cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss or damage howsoever arising. The law varies by country and state, and it is constantly changing, and therefore it affects each individual and business in different ways. As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding your own income and taxes, and any and all information presented by my Website, Programs or Services pertaining to your specific financial and/or legal situation.
Not Holding Self Out. In my capacity as a Business and Life Coach, I serve as a coach, mentor, guide, and accountability partner that shares tools and support for accomplishing your business goals, ethical living and personal growth as an entrepreneur. I am not holding myself out as anything else.
Not Medical, Mental Health, or Religious Advice. The information provided in or through my Website, Programs, Products and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counsellor, or social worker), or member of the clergy. Therefore, do not disregard or delay seeking professional medical, mental health or religious advice because of information you have read on this website or received from me. Do not stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.
Personal growth information is in no way intended, nor should be considered to be, professional, registered, certified or expert advice in the areas of psychological, emotional or physical wellbeing.
You should never disregard any Professional Advice (including but not limited to medical, mental health, legal, financial or other form of Professional Advice) or delay seeking it because of a statement you have read and/or heard on my Site and/or Services.
Users must take full responsibility for their own use of and participation in the Site and/or Services.
Users who purchase any aspect of the Services must disclose any health or wellbeing concerns that may impact upon their ability to use or participate in the Services, or which may in any way be impacted upon by their use or participation. Users must undertake full personal responsibility for looking after their own health and wellbeing before, during and after the use of or participation in Services. Users must advise TWE immediately if their situation should change in relation to either, and users must take full responsibility for immediately ceasing use of the Site and/or Services.
Users must disclose any other coaching, energy work, healing, therapy, professional care, treatment or counselling they are receiving, and accept full responsibility for advising their coaches, healers, therapists, treatment providers, healthcare professionals and/or counsellors that they are using or participating in any type of Services provided by or through TWE.
Users accept that TWE and Monika de Neef provide general information and support in the form of business growth, ethical living and personal growth, and that Monika de Neef, as a representative of TWE, is not a psychotherapist, psychologist, therapist, counsellor or registered health or well-being practitioner. Users acknowledge that the Site and Services provided by or through TWE are in no way designed as a substitute for the care, support or instruction of registered, qualified health and wellbeing practitioners.
Users of Services may be required to respond to personal declaration questions or questionnaires during the purchase process, prior to accessing the Services. Such responses are held in the strictest of confidence. Users agree to provide full and accurate information in the abovementioned questions or questionnaires and agree to provide full and accurate information in response to any further questions asked of them during the use of Services.
Users acknowledge that while utilizing the Site or Services, they have the right at all times to personally choose whether or not to participate in any form of tip, tool or technique presented for general personal growth, and if they choose to participate they do so of their own free will and assume and accept all responsibility for any risks associated.
While using the Site or Services, users acknowledge such use or participation may involve focusing on issues of emotional distress, and this may include recalling past events, memories or experiences. Users acknowledge that at any time they are not comfortable doing so, they will take responsibility for ceasing use of the Site and Services immediately. While many people report positive experiences with the contents of the Site and Services (including Tapping) users are hereby expressly informed that it is also a possibility to experience mental and emotional distress, or physical discomfort during or after such use or participation. If users experience discomfort or negative side effects, they are asked to stop use and participation, and it is recommended that they consult a registered health and wellbeing professional where appropriate.
The Site and Services are not being suggested in any way as being a cure, treatment or prevention tool for any mental/emotional disorder or physical health issue. It is strongly advised that users seek appropriate care from registered health and wellbeing professionals, and treat all content of the Site and Services as alternative tools for personal growth that may act as a complement.
Users acknowledge that private one-on-one sessions and public group sessions, courses, programs, classes, workshops, retreats or events provided by or through the TWE, including with Monika de Neef (representative of the TWE) may be recorded into audio format. Where the aforementioned is a private one-on-one session, such an audio recording is only made with the express permission of the User for the sole purpose of providing the User with an audio recording of their session/s afterwards as a valuable resource for reflection to listen back to. Users acknowledge that they have the option to choose whether their sessions are recorded, and if they do not wish to have their session/s recorded in this way at any time, they will immediately advise TWE. Public and/or group sessions, courses, programs, classes, workshops, webinars, retreats or events, whether offered free or as a paid Service by or through the TWE, may be recorded in video and/or audio format for the purposes of delivering upon the requirements of my Services, for the purposes of operating my core business, or for improving upon my business operations. By attending, watching, listening, using or participating in such Services, Users agree to such recordings being made.
There is no guarantee of any specific outcome with utilizing or participating in the Site or Services. This is because every individual person has a very unique status of mind, emotions, past history, present circumstances and varying ability to understand and apply any tips, tools or processes. The content of this Site, including testimonials from previous or existing Users of the Site and Services, is not in any way implying or creating an indication or expectation of a specific outcome, a promise of a guaranteed outcome, or a suggestion or direction that you create change, or take action, in any particular area of your life. All results and potential results discussed or noted are hypothetical unless otherwise stated. No representation is being made that any action you take will or is likely to achieve particular results. In fact, there are frequently significant differences for individuals use or participating in the Site and Services based largely upon the individual. All testimonials on the Site are unsolicited and are potentially non-representative of all Users. Some names of Users associated with testimonials have been withheld for privacy purposes only. Users of the Site and Services are welcome to contact ‘support [at] wayfindingentrepreneur [dot] com’ before using and/or purchasing any aspect of the Site and Services, if users wish to first obtain a better understanding of a generally expected result based on their own personal unique situation. Wherever possible, I will endeavour to estimate a generally expected result based on information provided by a user about their unique status of mindset, emotions, past history, present circumstances and likely ability to understand and apply tips, tools and processes provided.
Many people find the Site and Services (including but not limited to coaching, courses, programs, membership and products) to be beneficial and gratifying. However, it is not prudent for everyone. Your safety and my responsibility is taken seriously. If you have questions or concerns about whether or not my Site and Services are suitable for your use or application, please contact a registered professional with the expertise to advise you. You are responsible for your choice to use or participate in any aspect of my Site and Services, and you are responsible for your own well-being and mental health during and after your participation. Your experience as a result of such use or participation will be unique to you as an individual, and you may have the experience of unexpected and undesirable emotions as you participate. For most people, examining thoughts and beliefs they’ve never examined before is a beneficial and constructive learning experience. If you are in any way concerned about your capability in handling any unexpected or undesirable emotions that might surface while using or participating, I strongly advise you to not participate. If you have a history of mental illness, whether treated or untreated, I strongly advise you to not participate. If you are unsure whether or not Site and Services are appropriate for you, or are unsure of your ability (physically, emotionally or mentally) to use or participate, I recommend you consult with a registered professional with the expertise to advise you before starting. The Site and Services are intended for individuals who fully and undoubtedly comprehend that they are responsible for their own health, well-being and choices before, during and after using and participating. The Site and Services are NOT in any way to be utilized as an alternative for medical treatment, psychotherapy or any healthcare program. If you experience any signs or evidence of mental distress during or after your use or participation, I strongly advise that you immediately contact your physician or mental health care professional. DO NOT begin to use or participate in the Site and Services if your physician or other health care provider advises you not to. You should not rely on the information provided by TWE as a substitute for professional medical advice, diagnosis, or treatment. Nor does the information within the Site or Services replace professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your physical or mental health, you should always consult with a physician or other health care professional. Do not disregard, avoid or delay acquiring medical advice from your healthcare provider because of something you may have read or heard while using the Site or Services. Any information provided is used solely at your own risk. The content and material presented is for educational and informational purposes only.
User actions and the results of their actions in regard to anything they receive from TWE are entirely their own responsibility. TWE cannot and will not assume liability for any results that may follow the use of any information received from TWE’s Site or Services. Any such liability is hereby expressly disclaimed. By using the Site or Services, users agree not to hold TWE or Monika de Neef (as a representative of TWE) in any way responsible or liable for any experience associated with their use or participation (including before, during or after the provision), nor for any of their experiences, choices, actions or results.
Before using or applying information on the Site or Services, Users agree that they have the right and free will to choose to seek external, independent advice from professionals before proceeding.
Personal Responsibility. My Website, Programs, Products, and Services aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using my Website, Programs, Products, and Services, and you alone are 100 percent solely and personally responsible for your results. You agree to use your own due diligence and judgment before applying any recommendation or advice that you may receive on or through my Website, Programs, Products and Services. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all decisions now and in the future.
No Guarantees of Income or of Any Kind. My role is to support and assist you in reaching your goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot and do not guarantee that you will attain a particular business result or income increase or level. You accept and understand that results differ by each individual. Each individual’s business success depends on his or her background, dedication, desire, motivation, and a whole list of other additional factors. As with any business-related program or service that you purchase, your results may vary and will be based on many variables. Therefore, no guarantees can be made. Any earnings or income statements or examples shown through my Website, Programs, Products and Services are only estimates of what might be possible for you. There can be no assurance as to any particular financial outcome based on the use of my Website, Programs, Products or Services. You agree that I am not responsible for the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through my Website, Programs, Products and Services. You are solely responsible for your results. Please also read my Earnings Disclaimer.
Assumption of Risk. There are sometimes unknown individual risks and circumstances that can arise during use of my Website, Programs, Products and Services that cannot be foreseen that can influence or reduce results. I am not responsible for your personal choices or actions before, during or after use of my Website, Programs, Products and Services. You understand that any mention of any suggestion or recommendation on or through my Website, Programs, Products or Services is to be taken at your own risk, with no liability on my part, recognizing that there is a rare chance that illness, injury or even death could result. You accept full responsibility for the consequences of your use, or non-use, of any information provided by me through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve me of any liability or loss that you, your business, or your family or children (if applicable) or any other person, may incur from your or their use, or non-use, of the information provided.
Limitation of Liability. I will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on my Website, Programs, Products, or Services. In no event will I be liable to you, or to any other party, for any type of damages, including direct, indirect, special, incidental, equitable or consequential damages, for any use of or reliance on my Website, Programs, Products, and Services, or on those affiliated with me in any way. I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, any type of loss or damage or otherwise, due to any act or default by me or anyone acting as employees, staff, consultants, agents, interns, business managers, team members, owners, directors, shareholders, affiliates, joint venture partners, or anyone else affiliated with my business, who is engaged in rendering my Programs, Products or Services, or in carrying out in-person, phone, Skype, Zoom, or online individual and group programs, classes, workshops, events, retreats, seminars, coaching sessions, and/or trainings in any location.
Indemnification and Release of Claims. You hereby fully and completely hold harmless, indemnify and release me and any of my employees, staff, consultants, agents, interns, business managers, team members, assistants, owners, directors, shareholders, affiliates, joint venture partners, or anyone else affiliated with my business, from any and all liability, damages, claims; including but not limited to those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, physical or mental disease or condition or issue, or any type of loss or damage or otherwise, even if I am expressly advised in advance of the possibility of such damages or difficulties. You agree that you fully and completely hold harmless, indemnify and release me from any and all causes of action, allegations, suits, sums of money, claims, demands whatsoever, in law or equity that may arise in the past, present or future that arises from your participation in or is in any way related to my Website, Programs, Products and Services. In the event that you use any information, gift, product, program or service provided on or through my Website, Programs, Products and Services by me, or affiliated with me or my business, you are solely liable and responsible for any actions, errors, omissions, or consequences.
Errors and Omissions. Although every effort is made to ensure the accuracy of information shared on or through my Website, Programs, Products and Services, the information may inadvertently contain inaccuracies or typographical errors. I am not responsible for the views, opinions, or accuracy of facts referenced on or through my Website, Programs, Products and Services or those of any other individual or company affiliated with me in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because business and technology is constantly evolving, I cannot be held responsible for the accuracy, errors or omissions related to my Website, Programs, Products or Services.
No Warranties. I MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR MY PROGRAMS, PRODUCTS AND SERVICES.
Affiliates. From time to time, I may promote or partner as an affiliate with other individuals or companies whose programs, products and services align with mine. In the spirit of transparency, I want you to be aware that there may be instances when I promote or market for my partners and in exchange I receive financial compensation in the form of affiliate fees and/or other rewards. Please note that I am highly selective as to the partners whose programs, products and/or services I promote and I only promote or share the programs, products and services of those with whom I think highly. At the same time, any such promotion or marketing does not serve as any form of endorsement. You are still required to use your own judgment when using or purchasing any such affiliate program, product or service to determine that it is appropriate for you as I waive all liability as related to any of my affiliates, including any of their programs, products or services.
No Endorsement. Reference or links in my Website, Programs, Products or Services to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do not constitute my formal endorsement. I am merely sharing information for your own self-help only. I am not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in my Website, Programs, Products or Services. Should my Website link or any of my Programs, Products or Services appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute my formal endorsement of them, their business or their website in any way.
My Right to Discontinue Site, Suspend Site or Terminate Your Use
I reserve the right at any time to modify or discontinue, temporarily or permanently, my Site (or any part thereof) with or without notice. You agree that TWE shall not be liable to you or any third party for any such modification, suspension or discontinuance of my Site, or if for any reason all or any part of my Site is unavailable at any time or for any period.
Your Access to My Site & Restricted Use of Content
The Site and Services are intended for users aged 18+ years.
The following content standards apply when you post or submit content on or to my Site, or when you visit or use my Site and/or Services. All such posts, submissions, visits and/or use must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, you agree NOT to post or submit content, or use my Site and/or Services:
- To send, knowingly receive, upload, download, use, re-use, duplicate, record, save, copy, reproduce, sell, re-sell, license, rent, modify, transmit, publicly display, print, publicly perform, publish, adapt, exploit, edit, or create derivative works from, the materials, content, reviews and ratings of the Site and/or Services without express written permission from TWE.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the transfer or export of data or software to and from New Zealand or other countries).
- To promote any illegal activity, or advocate, promote or assist any unlawful act.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To promote or submit material that is sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- To submit material that is obscene, defamatory, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- To bully, threaten, cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- In any way that might be likely to deceive any person;
- To misrepresent yourself as me, to impersonate or attempt to impersonate me, any of my contractors, partners, affiliates, or service providers, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing)
- To conduct yourself in any way that inhibits anyone’s use or enjoyment of my Site and/or Services, or to conduct yourself in any way which I deem at my sole discretion may harm me or users of my Site and/or Services, including to expose me or them to liability.
- In any manner that could impair or damage the Site and/or Services, or interfere with anyone’s use of the Site and/or Services, including but not limited to posting, emailing, transmitting, uploading or otherwise making available any material that contains software viruses, technologies or any other computer code, files or programs designed or functioning to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- In any manner that involves use of any data mining, robot, spider, scraper, sniping software or other automated means to access the Site for any purpose without my express written permission.
- In any way that imposes, or may impose, at my sole discretion, an unreasonable or disproportionately large load on my infrastructure; or that may interfere, damage, disrupt, or attempt to interfere, damage or disrupt the proper working of the Site or any activities conducted on the Site;
- To bypass any measures I may use to prevent or restrict access to the Site, to gain unauthorized access to any parts of the Site and/or Services.
- To post, transmit, display, promote, procure or conduct any commercial activity, advertising, sales, marketing, solicitations of business, promotion or bartering without my prior written consent. I reserve the right to remove or not publish submissions without prior notice;
- To advertise to, or solicit, any User to buy or sell any products or services through the Site, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent
- To submit comments or posts linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- To post content intended to provide Professional Advice, including but not limited to the provision of medical advice, mental health advice, legal advice or financial advice;
- To post personally identifiable information about yourself or any other person;
- To create or submit unwanted email (“Spam”) to any other TWE Users.
I reserve the right to terminate your access to my Site for any reason, and to take any other actions that TWE, in its sole discretion, believes to be in the interest of my Company and of my Users as a whole. Please also read my Community Code of Conduct.
I Have all Rights in My Site and Content (Copyright)
You hereby acknowledge that you obtain no rights in the trademarks, tradenames, brand, content, products or services of TWE and third-party materials.
You must not use my name, logo, related names, logos, product and service names, designs or slogans, nor those of my content contributors or affiliates, without the prior written permission of the respective party.
The content of the Site and Services is protected by copyright and/or other intellectual property rights.
- The Site, Services and all content therein is protected by copyright as a collective work or compilation under the copyright laws of New Zealand and other countries, and I (subject to certain intellectual property rights governed by laws of New Zealand, foreign jurisdictions or international conventions, and subject to the rights of my licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. The Site, Services, and content protected by copyright includes, but is not limited to, trademarks, service marks, logos, brand names, product and service names, images, photographs, graphics, music, sounds, audios, videos, text, blogs, articles, software, scripts, interactive features, downloadable content or any other content or elements on the Site. You must abide by all additional copyright notices or restrictions contained on my site.
- By posting or submitting content on or to my Site (regardless of the form or medium with respect to such content, whether text, comments, blogs, articles, documents, photographs, images, videos, audios, products, courses, programs or other), you are granting me, and my affiliates, agents and third party contractors, a perpetual, worldwide, irrevocable, royalty free, nonexclusive and sublicensible right and license to display, broadcast or publish such content on my Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content, including for commercial, promotional and/or marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to me made by you from time to time, you understand and agree that (unless you and I agree otherwise in writing) I may, or may permit users to, based solely on functionality provided and enabled by my Site, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and I agree otherwise) you shall have no rights with respect thereto and I or my licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
- You shall be solely responsible for your own posts and submissions of any content on or to my Site and/or Services, and the consequences of posting, publishing or sharing them, including but not limited to, text, comments, blogs, articles, documents, photographs, images, videos, audios, products, courses, programs or other. In connection with each of your submissions, you confirm, represent, and/or warrant that:
- You acknowledge and agree that when you submit content in any form to TWE or my Site I may authorize such content to be distributed or syndicated to or published on other TWE branded environments or those of affiliated parties without payment or other consideration or attribution to you. I may remove content posted by you for any reason.
- In addition to the above, you agree that you will not:
• submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant me all of the rights granted herein;
• publish misinformation, incorrect data, false claims, or misrepresentations that could damage me or any third party
- I am concerned about the integrity of my Site, Services, content and brand when it is viewed in a setting created by a third party that includes advertising or other materials that I have not authorized to be displayed with the content of Site. Neither you nor any third party shall make use of the contents of my Site in any manner that constitutes an infringement of my rights, including copyright or that has not been authorized by me.
You Have Rights if You Believe Your Copyright is Being Infringed (DMCA)
TWE does not own all content on the Site and/or in the Services. Content is posted, submitted and provided by Users and Content Contributors, each of whom or which (as the case may be) has represented and warranted to TWE that, among other things, the content they have posted, submitted or provided does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights.
Since TWE is not in a position to determine who has the prevailing claim to use any particular content, its policy on such matters is that they be resolved directly by the parties alleging misuse of their Intellectual Property Rights (the “Complainants”) and the Users or Content Contributors allegedly responsible for the infringement of the Complainant’s Intellectual Property Rights. I recommend that Complainants immediately notify Users or Content Contributors about allegations of infringement which pertain to them.
For matters of suspected copyright infringement and to provide me with notifications of infringement under the Digital Millennium Copyright Act (DMCA), please see my Copyright Policy here.
Your Use of My Site is Subject to Certain Disclaimers
Information contained on the Site and in the Services is provided “as is” without warranty of any kind.
TWE, AND ITS AFFILIATES, ADVERTISERS AND/OR LICENSORS MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE SERVICES; (C) THE INTELLECTUAL PROPERTY, INFORMATION, CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE AND THE SERVICES; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE AND THE SERVICE; (E) THE MESSAGES AND INFORMATION SENT FROM THE SITE BY USERS, INCLUDING WITHOUT LIMITATION, REGISTRATION DATA, CONTENT OR USER SUBMISSIONS; (F) ANY PRODUCTS OR SERVICE OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION (INCLUDING REGISTRATION DATA) THROUGH THE SITE OR THE SERVICE OR ANY LINKED SITE.
I DO NOT WARRANT THAT MY SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE POSTS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH MY SITE. I DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO MY SITE OR ANY INFORMATION, PRODUCTS OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH MY SITE. I DO NOT MAKE ANY REPRESENTATIONS, NOR DO I ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON MY SITE. I RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON MY SITE. ALTHOUGH I INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS AND TECHNOLOGIES TO MY SITE, I DO NOT GUARANTEE OR WARRANT THAT MY SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM MY SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. I AM NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON MY SITE AND ANY MATERIALS AVAILABLE THROUGH MY SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
MY SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOS; VIDEOS; PRESENTATIONS, BLOGS, ARTICLES, REVIEWS, PROMOTIONS, OPINIONS, STATEMENTS, FACTS, DATA, QUOTES OR OTHER INFORMATION CREATED BY ME OR BY THIRD-PARTIES (INCLUDING USERS AND CONTENT CONTRIBUTORS). DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON MY SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF PROFESSIONAL ADVICE OF ANY NATURE (INCLUDING BUT NOT LIMITED TO MEDICAL, MENTAL HEALTH, LEGAL OR FINANCIAL) AND IT DOES NOT ADVOCATE THAT YOU TAKE ANY PARTICULAR ACTION. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON MY SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY ME AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
PLEASE READ MY EARNINGS DISCLAIMER AS WELL.
I am Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by My Content Contributors
Opinions and other statements expressed by third parties, including but not limited to, Users, Content Contributors, Advertisers, Affiliates or other third parties (e.g. including bloggers, guest writers, providers of paid products and services such as classes, courses or programs, or users who contribute content via any commenting, forum, response Q&A platform or otherwise on my Site) are theirs alone, not opinions of TWE. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by TWE.
You acknowledge that by providing you with the ability to view and distribute content through my Site and/or Services, TWE is not undertaking any obligation or liability relating to the content. TWE and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor my Site for inappropriate or unlawful content. TWE and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, TWE reserves the right to block or remove communications, postings or materials at any time in my sole discretion.
I am Not Responsible for Linked Sites & Third Party Links
The Site and Services include links to third party sites providing online information, materials, products and services.
TWE has no control over such third party sites, and you acknowledge and agree that I am not responsible for the availability of such third party sites and services, and that I do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products, services or other materials on or available from such sites. You further acknowledge and agree that I shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, products or services available on or through such services.
Your business dealings, purchases from, communications with or participations in promotions, with advertisers or any other party (other than the Site) and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third parties.
You should read the Terms and Conditions, and Privacy Policies, provided on those sites before using such sites.
These links on my Site and Services may from time to time be promotional links where TWE has a business agreement with third parties who provide information, products and services on such sites, where TWE is paid an affiliate commission for such a referral or sale made as a result of a user clicking on these promotional links. This includes, but is not limited to, the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
TWE makes reasonable attempts to link only to third party sites of a high standard where the information, materials, products or services appear to offer genuine usefulness and value to Users. However, TWE cannot and does not accept any responsibility for the content or delivery of those third party sites, how they collect information from you, their information, material, products or services, their customer service, their accessibility or unavailability, the quality or completeness of their work, products or services, how you might use such information, products or services, or the experience you have. I strongly recommend you do your own thorough due diligence before interacting with, using, applying or purchasing anything online.
Disclosure of Your Information When Legally Required To Do So
You agree that in the event I receive a subpoena issued by a court or from a law enforcement or government agency, I shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
All Users of my Site and/or Services must abide by my Community Code of Conduct whenever visiting, interacting with, participating in or commenting on my Site, engaging with other Users, Content Contributors or me.
My Community Code of Conduct is based on respect, to provide a safe community environment online in alignment with my TWE missions, values and manifesto. Please find my Community Code of Conduct here.
I encourage you to report to me at ‘support [at] wayfindingentrepreneur [dot] com’ any suspected violations of this Agreement or any other additional terms posted on the Site, in particular, as they relate to inappropriate behaviour or activity in my Public Forums. I reserve the right, but not the obligation, to investigate and take appropriate legal action at my sole discretion against anyone who I believe violates this Agreement, including removing the offending communication in whole or in part from the Site, suspending or terminating the User accounts of such violators or suspending or terminating their right to use and access the Site.
I reserve the right to, in my sole discretion, adopt, modify and post additional rules in my Community Code of Conduct and/or in any Public Forum and to condition access to any such feature by any individual or group in accordance with criteria determined by me at my sole discretion, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with my criteria or rules at any time, and to change or modify the criteria or rules at any time, at my sole discretion.
Posting, Submitting Content & Commenting in Public Areas of the Site
You should be aware while using the Site and/or Services that if you post content or comments in a public area of the Site, such as in blog comments, bulletin boards, or discussion forums, any Personal Information you choose to provide there can be read, collected, or used by other Users of these areas of the Site and/or Services, as well as other external third parties, and could be used to send you unsolicited messages. I am not responsible for the Personal Information you choose to submit in these public areas of the Site.
You agree that you shall be solely responsible for your own posts, submissions and comments, and the consequences of posting or publishing them. This includes, for example, any personal information, such as your email address, your telephone number, your home address, the home address of others, your current location or any other personally identifiable information. I AM NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON MY SITE.
While I cannot be responsible for what you choose to share in the public forums, and I cannot undertake to monitor this, I reserve the right to immediately delete such information as soon as I become aware of it.
The Site may contain certain features that enable Users to have login access to a Members Area where purchased Services are provided, delivered and/or facilitated. Users may have the option to interact directly with each other, including by sending private messages to other Users and posting comments and exchanging useful and helpful information with other Users (“Public Forums”). While using a Public Forum or reading a private message, you may be exposed to content of other Users with which (a) you may disagree, (b) that you may find offensive, indecent or objectionable, or (c) is inaccurate, misleading or illegal. You expressly assume and agree to bear any and all risks associated with your use of, exposure to or reliance on any such content. You should be sceptical about information provided by others, and you acknowledge that the use of any posts, submissions or comments posed in any Public Forum or received via a private message is at your own risk. Further, never assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum or from a private message may not be reliable, and it is not a good idea to take any action based solely or largely on information you cannot confirm. I cannot be responsible for the accuracy of any posts, submissions or comments contained in a Public Forum, and I shall not be responsible for any decisions made or actions taken based on such information or content. Users should discuss any and all information with a licensed professional before following any posted or submitted by any other User of the Site and/or Services.
Do not reveal information in Public Forums that you do not want to make public.
Responsibility for Your Own Access
You are responsible for all aspects of owning and maintaining your equipment and any services needed to access and use my Sites and/or Services, including all devices, Internet browsers and Internet access. Irrespective of how you choose to access my Sites and/or Services, via whatever device or connection, including a mobile or wireless device, you are responsible for all fees that you may incur, including charges from your carrier for data, text messaging and other wireless access or communications services.
Agreement to Communicate & Transact Electronically
You agree to communicate and transact with me electronically. This means that if you wish to transact or communicate with me, you agree to do so by electronic means.
You authorize me to send you important notices about my Sites and/or Services, and any pending transactions, to an email address you provide to me if you have purchased access to any Services, or otherwise provided your email address to me, or in the alternative, by posting a notice on my Sites.
By using the Services, you consent to the receipt of such electronic messages from me. Should you elect to opt out of the receipt of electronic messages, you may do so by following the “Unsubscribe” link provided in the footer of such messages. All emails sent by me include instructions on how to unsubscribe.
It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails I send to you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with me, you may no longer my Sites and/or Services.
Regular Emails as a Subscriber
When you subscribe to receive emails and free resources or purchase Services from me, your email address will be added to my email subscriber list and I will send you regular emails aligned with my mission, values and intent in how I support my community of visitors and users of my Site and Services. These emails focus on bite-size business lessons, ethical living and personal growth information e.g. my ‘weekly Wayfinding Entrepreneur tips’ with inspiration, free resources, news/updates, events, programs, products and other offers I believe are life enhancing, valuable to business growth and aligned to my mission.
Services – Terms of Sale
User Accounts Registration & Responsibilities
If you wish to purchase and use any Services through the Site or on the Site that are online digital memberships, products, courses or programs, you must (a) register to create a User account on the Site in order to login to my Education Members Area to access such Services and (b) pay the applicable fees.
If you wish to purchase and use any Services through the Site that are physical products, you must (a) register to create a User account on the Site in order to login to your Shop Customer Account to access information relating to your purchase and (b) pay the applicable fees.
You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of New Zealand or any other applicable jurisdiction.
You also agree to provide true, accurate, current and complete information about yourself as prompted by the registration form available on my Site (the “Registration Data”). The Registration Data you may be required to provide me with includes, but is not limited to, (i) your name; (ii) contact information; (iii) email address; (iv) phone number; and/or (v) if an applicable purchase is made, your credit, debit card or PayPal account information.
You agree to maintain and promptly update your Registration Data to keep it true, accurate, current and complete.
You are responsible for (i) updating the Registration Data for, without limiting the generality of the foregoing, credit card, debit card or PayPal account; and (ii) maintaining the confidentiality of the Registration Data.
Furthermore, you hereby accept responsibility for all activities, charges and damages that occur in connection with the use of your User account. If you have reason to believe that someone is using your User account without your permission, you should contact me immediately. I will not be responsible for any loss or damage resulting from your failure to notify me of unauthorized use. To report Unauthorized Use of your User account, please contact me at support [at] wayfindingentrepreneur [dot] com
If you provide any Registration Data or other information to me that is untrue, inaccurate, not current or incomplete, or I have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, I reserve the right to suspend or terminate your User account and refuse you any and all current or future access to and use of the Services (or any portion thereof). Access to and use of the Services, and registration for my Services, are void where prohibited.
Services – Prices & Payment
Any purchase of Services (including but not limited to products, courses and programs) from the Site or otherwise from TWE shall be in accordance with the prices and purchase options set forth at the time of purchase.
Unless otherwise stated, purchase prices for Services on the Site are in United States Dollar currency (USD).
You agree to pay all fees listed at the time of purchase to TWE. You agree to take responsibility for all sales, use, property, service or other taxes that are applicable to you and your country in connection with your purchase of the Services.
New Zealand based customers purchasing Services from TWE (including but not limited to products, coaching, courses or programs) – I include 15% Goods & Services Tax (GST) in your final purchase price.
All payment for Services is payable at time of purchase. A receipt will be emailed to you immediately upon purchase, showing tax invoice details and confirming payment has been received. If you require a more detailed tax invoice for any reason please contact me at ‘support [at] wayfindingentrepreneur [dot] com’ and I will be happy to provide this.
Services – Online Education Terms of Sale
Some selected education Services provided by or through TWE may from time to time have either a trial period or limited-time money-back guarantee offer associated. Such trial periods or money-back guarantee offers for individual online digital courses, programs, coaching or membership or other education Services may differ, and will be detailed on the Site in the description of each individual Service where applicable or at the point of purchase when completing a transaction. This does not apply to physical products sold (including but not limited to clothing and homeware).
- All the following points relating to money-back guarantee, cancellation and refunds applies only to selected education Services (per above) and does not relate to physical products sold (including but not limited to clothing and homeware).. For Terms of Sale for physical products including my change, cancellation, exchange and return policies please see below “Services – Physical Products Terms of Sale”).
- Any money-back guarantee provided on digital online education courses, programs, coaching or membership are offered in good faith on the basis that you have logged into the Education Members Area on my Site and fully utilized the purchased Service, and that having done so with full participation, you deem it to have been unsatisfactory. The money-back guarantee offer does not cover “change of mind” or “change of circumstance”.
- Limit of 1 trial period per individual Service per user.
- Any cancellation or refund request during a trial period must be received by me in writing via email at least 48 hours prior to the end of the trial period. This is to allow sufficient time to process the cancellation or refund request before any automated product/service/membership subscription billing takes place.
- Any cancellation or refund request will be processed by me as soon as possible upon receipt of the request.
- Any trial period access to products/services/membership ceases immediately at the time a product/service/membership subscription cancellation or refund is processed, irrespective of how many days are left in the trial period.
- Any bonuses, gifts or freebies offered when purchasing a product, course, program or service of any kind (subscription or otherwise) are provided to you as part of your purchase or subscription. If you cancel and/or refund your purchase or subscription, your access to the bonuses, gifts or freebies ceases.
- If you chose a payment plan option or recurring subscription for any product, course, program or service of any kind, and you default on payments due, your access to the product, course, program or service is removed until due payment/s are made.
Services – Physical Products Terms of Sale
Order Cancellation Policy
- When you place an order with The Wayfinding Entrepreneur shop for a physical product, I immediately begin production of your order customized for you, made-to-order.
- It is created uniquely to meet your request, through a “print on demand” process, customizing the product to the unique item, colour, type, size and design that you selected when confirming your order.
- Therefore, all items ordered are a final sale. Once you have placed your order on my website, the order cannot be cancelled. This is because when you confirm your order, it immediately goes into production.
- I therefore ask that you select items very carefully before finalizing an order. I thank you for your understanding.
Order Change Policy
- While I would love to be able to assist you in changing an order that you’ve already finalized, unfortunately once an order is placed on my website I am unable to modify that order (e.g change item type, change size, change colour, change design).
- This is because all orders are immediately sent into production at the point you purchase on my website, and that order is then custom made especially for you based on what you selected.
- I ask therefore that you select your order items very carefully before finalizing your purchase.
- As your order is printed on demand to meet your unique request based on item, colour, type, size and design (custom made-to-order), I cannot accept returns or exchanges where the reason is due to incorrect selection or change of mind.
- To help you ensure you select the exact item to meet your needs, I provide complete information about sizes for all clothing items (please refer to size charts on each clothing item page in the online shop) and I ask that customers please be mindful to measure and select the correct size before finalizing an order.
- As I have a print on demand production to create your order specially for you, custom made, I am unable to accept returns EXCEPT in the case where you have received your order and it is defective or damaged, or an incorrect item was accidentally shipped to you which did not match what you ordered.
- I cannot accept returns for any other reason, including for situations such as choosing an incorrect size when ordering or for change of mind.
- In the rare event that you receive an item with a defect or damage, or that you receive an item which does not match your original order, I am very sorry and I will resolve this for you as quickly as possible. You can return the item to me and I will replace it. I do ask that any defective/damaged item returned to me be returned in the same condition it was received (unused). To initiate a return in this situation, please email me at ‘support [at] wayfindingentrepreneur [dot] com‘within 14 days of receiving your order so I can create a solution for you as quickly as possible.
Services – Special Offers
Where any discount is offered for use within The Wayfinding Entrepreneur online shop, such a discount is only applicable and may only be redeemed on clothing apparel and homeware merchandise, and selected digital on-demand products and courses.
Discounts offered may not in any situation be applied to any eBooks or paperback books displayed in my online shop (which are sold and fulfilled by Amazon). Discounts offered may not in any situation be applied to private one-on-one coaching session, live online programs or live events.
Services – Security Components
You understand that my Services, including but not limited to online products, courses and programs, that are provided, delivered and facilitated on the Site and within my login-access Members Area, and software embodied within my products, courses and programs, may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by me and/or Content Contributors who provide content to me. You may not attempt to override or circumvent any such security components and usage rules embedded in my Services.
Services – Non-Commercial Use
The Services provided by the TWE, including online products, courses and programs, may not be used in connection with any commercial purposes, except as specifically approved by me. Unauthorized framing of or linking to any of my online products, courses or programs is prohibited.
Services – Intellectual Property
My Services, including but not limited to online products, courses and programs, may contain content of TWE and/or of my third-party licensors or Content Contributors, which are protected by copyright, trademark, patent, trade secret and other laws. You shall acquire no ownership or other interest in the Services to which you register and pay for access, other than the right to access and use such Services under this Agreement. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through my online products, courses, programs or other Services.
Services – Not-Accredited
TWE, its Services (including products, courses and programs), and the Content Contributors and presenters of those Services are not accredited or evaluated by any governmental, academic or other independent body. The use of and completion of any content, product, courses or programs accessed on the Site and in the Services does not convey academic credit, certification, skill set or fitness to practise or perform any particular task, service or profession, and TWE makes no representations or warranties to that effect.
Term & Termination
Your Representation of Warranties to Me
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT TWE LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICES, OR INABILITY TO USE THE SITE AND/OR SERVICES, AS SET FORTH BELOW:
IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
THESE EXCLUSIONS AND LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN ANY CASE WHERE THE LAW GOVERNING THIS AGREEMENT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION OR PORTION THEREOF MAY NOT APPLY TO YOU.
ANY CLAIM AGAINST ME SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITE AND/OR SERVICES. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE FEES PAID BY YOU TO THE COMPANY IN THE PREVIOUS TWELVE (12) MONTHS.
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE PHONE, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS AT YOUR RISK.
IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, SERVICES OR OTHER PROPERTY OWNED OR CONTROLLED BY TWE AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR USER POSTS OR SUBMISSIONS, OR YOUR CONTENT CONTRIBUTIONS TO THE SITE AND/OR SERVICES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN YOUR USER POSTS OR SUBMISSIONS, OR YOUR CONTENT CONTRIBUTIONS TO THE SITE AND/OR SERIVCES OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
By using the Site or Services, you agree to hold harmless, indemnify, and defend TWE, its parents, subsidiaries and their respective officers, directors, shareholders, employees, contributors, agents, subsidiaries, joint ventures, affiliates, licensors and advertisers from all liabilities, claims, expenses, including attorney’s fees, that arise from your use of the Site or Services. TWE reserves the right to assume defense and control of any matter otherwise subject to indemnification by you. Under these circumstances you agree to cooperate with TWE in asserting all available defenses.
If you have a dispute with one or more Users of TWE’s Site, Services or social media, you release me (TWE, its parent, its subsidiaries, and their respective officers, directors, managers, shareholders, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you have a dispute with any Content Contributor, advertiser, affiliate, or third party site, you release me (TWE, its parent, its subsidiaries, and their respective officers, directors, managers, shareholders, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
One Year Limitation on Action
Your use and this Agreement may be suspended or terminated if TWE receives notice that you have used the Site or Services for purposes that violate the laws of New Zealand or laws of any other nations, including the posting of information that might violate third party rights, defame a third party or other criminal regulations.
TWE may disclose your identity if requested by a government or law enforcement body or as a result of a subpoena or other legal action, under such circumstances, though TWE shall not be liable for damages or results and you agree to not bring any action or claim against TWE for this disclosure, should the need arise.
International Users – Data Collection & Protection
TWE is owned and operated by Monika de Neef, a sole trader in New Zealand, trading as The Wayfinding Entrepreneur. Please be aware that any information that I obtain as a result of your use of the Site and/or Service will be subject to the laws of New Zealand. The privacy and data protection laws in New Zealand may not be equivalent to such laws in your country of residence.
You Must Abide by International Laws
Due to the global nature of the Internet, you agree to comply with all local rules, regulations and law regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from New Zealand or the country in which you reside.
My Site and Services are intended to Users aged 18+ years.
The Site and Services are in no way directed toward nor intended to be for children under the age of 18 years old.
I do not knowingly collect or solicit information from children under 18 years old through my Site or Services.
In the event that I learn that information has been collected from a minor under age 18 without verification of parental or guardian consent, that information will be deleted as quickly as possible.
Due to the nature of the Internet, I cannot prohibit minors from visiting the Site, including without limitation, my Services. If you believe that a minor has provided information to me via my Site or Services, please contact me at ‘support [at] wayfindingentrepreneur [dot] com’ and I will use every effort possible to remove all the information provided by the minor from my systems.
Disputes Between Us
These Site Terms shall be governed by the laws of New Zealand, applicable to agreements made and to be performed therein without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW ZEALAND AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Should a dispute arise between you and TWE, I agree to first attempt a resolution with the help of a mutually agreed-upon mediator in New Zealand. Costs and fees other than attorney fees for the mediation will be shared equally. If the dispute cannot be resolved using a mediator, I agree to submit the dispute to binding arbitration in New Zealand. Judgment upon the award rendered by the arbitration may be entered in a New Zealand court.
Nothing in the Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and TWE.
TWE reserves the right to revise any part of the Agreement at any time. Revised terms are effective from the date of publication on the Site. When you use the Site or Services the terms as they appear at that instance are the terms which apply.
Any claim or dispute between you and TWE that arises from your use of the Site, Service, or any agreement between you and TWE shall be decided exclusively by a court of competent jurisdiction located in New Zealand. You hereby expressly consent to the personal jurisdiction of the courts located in New Zealand and waive any objections to the laying of venue in such courts.
This Agreement constitutes the entire agreement between you and TWE regarding your use of the Site and Services, superseding any prior agreements between you and TWE relating to the same.
If one or more provisions outlined in the Agreement are void, unenforceable or deemed invalid by a court of competent jurisdiction, partly or in whole, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
Waiver and Severability of Terms
My failure to comply with any provision of this Agreement due to an act beyond my control, including but not limited to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of this Agreement.
By Using the Site, Programs, Products or Services You Agree
If you have any questions or need to contact me, please send an email to ‘support [at] wayfindingentrepreneur [dot] com’.
Effective as of 20 October 2018.