These terms and conditions (the "Terms and Conditions") govern the use of www.pivot-pointe.com (the "Site"). This Site is owned and operated by Pivot Pointe Limited. This Site is an e-commerce Website.
By using this Website, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
In these Terms and Conditions:
“Account” means an account allocated to you to allow you to access certain parts of the Website;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including government orders, pandemics, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
“Intellectual Property Rights” means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation 1967 and 'Intellectual Property’ has a corresponding meaning.
“Loss” includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis;
“Party” or “Parties” in these Terms and Conditions shall mean You and/or Us separately or together as the context indicates;
“Personal Information” means information about an identifiable, living person;
“Price” means the price payable for the Services as agreed between the parties, in accordance with clauses 7 and 8 below.
“Services” means career coaching, skills training and provision of access to connections and job opportunities;
“Terms and Conditions” means these terms and conditions which govern the use of our Website and which sets out the agreement between you and us;
“Underlying System” means any network, system, software, data or material that underlies or is connected to the Website;
“User ID” means a unique name and/or password allocated to you to allow you to establish an Account;
“We”, “us” or “our” means PIVOT POINTE LIMITED, a private limited liability company incorporated in New Zealand, company number 7779916;
“Website” means the website at www.pivot-pointe.com;
“You”, “your” “yours” or “user” means you, being the person accessing the Website, or where your access is on behalf of another period, both you and the person on whose behalf you are acting.
In these Terms and Conditions, unless expressly stated otherwise:
a) a reference to a statute or statutory provision includes a reference to:
b) headings do not affect the interpretation;
c) “persons” includes companies, partnerships, limited liability partnerships, unincorporated associations and trusts;
d) “including” and similar words do not imply any limit.
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
To the extent that we develop or create any intellectual property as the result of providing the Services, we shall retain ownership of all the rights in that intellectual property and any commercial applications thereof.
The rights to intellectual property as set out in this clause 3 shall not limit our confidentiality obligations. The provisions of these Terms and Conditions are strictly confidential to the parties. Neither party may disclose or permit to be disclosed any provision of, or any information (and particularly financial information) relating to the contract the subject of these Terms and Conditions to any person not a party to them without first obtaining the written consent of the other parties as to both the person to whom disclosure is made and the terms of such disclosure.
You must provide trust, current and complete information in your dealings with us (including when setting up an Account) and must promptly update that information as required so that the information remains true, current and complete.
When accessing our Website, you confirm and acknowledge that you are eighteen (18) years of age or over and able to enter into contracts. We reserve the rights to take legal action and seek compensation for any loss, claim or damage we may suffer as a result of any person who is under eighteen (18) accessing our Services or Website, from the parent or guardian.
As a user of our Website, you agree to use our Website legally, not to use our Website for illegal purposes, and not to:
a) Harass or mistreat other users of our Website;
b) Violate the rights of other users of our Website;
c) Violate the intellectual property rights of the Site owners or any third party to the Website;
d) Hack or log into the account of another user of the Website;
e) Act in any way that could be considered fraudulent;
f) Act in a way, or use or introduce anything (including any malware, virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way comprises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System;
g) Access the Website via any other method except for standard web browsers, unless with our written agreement. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extracting or monitoring method; or
h) Post any material that may be deemed inappropriate or offensive.
You must obtain our written permission to establish a link to our website.
If we believe you are using our Website illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Website. We also reserve the right to take any legal steps necessary to prevent you from accessing our Website.
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms and Conditions, including any failure of a person who accesses and uses our Website. We are in no way liable for any Loss you suffer or incur as a direct or indirect result of your failure to comply with these Terms and Conditions, including any failure of a person who access and uses our Website.
When you create an account on our Website, you agree to be bound by these Terms and Conditions, including but not limited to, the following:
a) You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account and you must not share your account or information obtained from the Services with any other person; and
b) All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Website illegally or if you violate these Terms and Conditions.
These Terms and Conditions govern the sale of services available on our Website.
The following services are available on our Website:
a) Dancer Index; and
The services will be paid for in full when the services are ordered in accordance with clause 7 and 8 in these Terms and Conditions.
These Terms and Conditions apply to all the services that are displayed on our Website at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Website at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
The Price payable for Services shall be the price as quoted to you in writing and/or listed on our Website, and as altered at our sole discretion and as amended from time to time. Any Price will be in United States Dollars, unless otherwise specified.
Your pricing plan and/or subscription do not automatically renew. If any arrangement is made with us for the pricing plan to be paid in installments, you will be notified before your next payment is due and must authorize that payment in order for your pricing plan and/or subscription to continue.
To cancel your subscription, please follow these steps: You may cancel the subscription; however, the payment will not be refunded if the services have already begun. Any refund will be less any transaction fee which has been incurred by us.
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms and Conditions or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it). On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
Cancellation will not affect either party’s accrued liabilities and rights (including, where relevant) any accrued rights to be paid) as at the date of cancellation.
We accept the following payment methods on our Site:
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Where the Consumer Guarantees Act 1993, the Contract and Commercial Law Act 2017, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between Consumer Protection Law and these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Our Website contains links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to our Website. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these websites.
Pivot Pointe Limited and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Website.
Except to the extent permitted by law, nothing in these Terms and Conditions has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law which cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the Price of the Services.
To the maximum extent permitted by law and only to the extent the above two clauses do not apply, our total liability to you under or in connection with these Terms and Conditions, or in connection with the Website, or your access and use of (or inability to access or use) the Website, does not excess the Price of the Services.
Except where prohibited by law, by using this Website you indemnify and hold harmless Pivot Pointe Limited and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Website or your violation of these Terms and Conditions.
These Terms and Conditions set out everything relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to them. You accept and acknowledge that you have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in these Terms and Conditions, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms and Conditions.
These Terms and Conditions are governed by the laws of New Zealand.
Where a Force Majeure Event gives rise to a failure or delay in either Party performing its obligations required by this agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event.
Where a Party’s obligations have been suspended pursuant to this clause for a period of 90 days or more, the other party may immediately terminate the provision of Services by giving notice in writing to the other Party.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent, unenforceable or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. If removal or modification is not possible, the part or provision must be treated for all purposes as severed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid and continue to be binding and enforceable.
No Party to this agreement shall commence any court or arbitration proceedings relating to any dispute arising out of this agreement (including any dispute as to the validity, breach or termination of this agreement or as to any claim in tort, in equity or pursuant to any statute) unless that Party has complied with the provisions of this clause 16.
Any Party who claims that a dispute has arisen under or in relation to this agreement must give written notice to every other Party specifying the nature of the dispute.
On receipt of such notice by a Party, the Parties to this agreement:
a) Must co-operate and use their best endeavours to resolve the dispute expeditiously.
b) If they do not resolve the dispute within seven days of the receipt of the notice (or such further period as they may agree in writing), they must refer the dispute to mediation (“the mediation”).
The mediation shall in all respects be conducted in terms of the Resolution Institute Standard Mediation Agreement (NZ version).
The mediation shall be conducted by a mediator and at a fee agreed by the Parties, and failing agreement between the Parties, the mediator shall be selected by the Chair for the time being of Resolution Institute.
A Party who seeks urgent interlocutory relief may, by written notice to each other Party to the dispute, elect not to comply with the provisions of this clause 16, but only to the extent of the relief sought and for the period required to dispose of the application for such interlocutory relief. Except to that extent, on the disposal of the application the provisions in this clause shall once again take effect.
These Terms and Conditions may be amended from time to time, at our sole discretion, in order to maintain compliance with the law and to reflect any changes to the way we operate our Website and the way we expect users to behave on our Website. We will notify users by email of changes to these Terms and Conditions or post a notice on our Website.
Please contact us if you have any questions or concerns. Our contact details are as follows:
You can contact us through the contact form available on our Website.