Terms of Service

Terms of Service

These Terms of Service ("Terms") govern the supply of all courses, resources, content, programmes, products, goods and services ("Products") by Mr Michael Ryan, trading as READYmode ("READYmode", "we, "us") to you, the purchaser of Products from us, including your use of the website at www.readymode.co.nz ("Website").

READYmode offers free and paid-for (a) Products that include coaching and/or seminar components delivered in-person or online (“Coaching Products”); and (b) Products that do not include coaching and/or seminar components delivered in-person or online (“Tangible Products”)

By viewing and/or purchasing and/or using Products from READYmode, including our Website, you agree to these Terms.

Mr Michael Ryan, trading as READYmode
We are a New Zealand based business, are not GST registered and have been trading for under 1 year.
Email: mike@readymode.co.nz

General Terms
Welcome to READYmode.

These Terms govern all supply of Products by READYmode to you including the entire contents of our Website.

By viewing and using our Website and READYmode resources, you will be deemed to agree to these Terms.

If you are using READYmode on behalf of another entity such as a company, you warrant you have the authorisation to agree to these Terms on behalf of the entity.

To make a purchase from our online shop (via our Website) you must be 18 years of age or over.

Purchases from our online shop (via our Website) may only be made by persons who are acquiring Products for their own use or consumption, and you must not acquire Products from us via the website for resupply (whether in trade or otherwise).

If we fail to enforce any terms or to exercise our rights under these Terms at any time, we have not waived those rights.

If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these Terms.

Unless any provision in these Terms expressly provides otherwise, these Termsare not intended to confer a benefit on any person or class of person who is not a party to it.

Disclaimer
The information and Products contained in our Website, is provided for informational purposes only and is not meant to substitute for the advice provided by a healthcare professional or other relevant professionals. The information provided should not be relied upon or used as the sole basis for making decisions without consulting primary, more complete or more timely sources of information.

READYmode disclaims and excludes all liability for any claim, loss, demand or damages of any kind whatsoever (including for negligence) arising out of or in connection with the use of either our Website or the information or Products offered by READYmode or any other website or service we link to.

Continuity of service
READYmode makes no warranty or representation, express or implied, as to continuity of service. It reserves the right to suspend, terminate or otherwise alter access to some or all of our Website's services at any time and without notice.

Comments, feedback, testimonials
If you provide us with comments, feedback or testimonials, whether written, verbal or otherwise, you consent to us using this information via marketing collateral and READYmode communication channels. Unless you have given us permission we will not identify you. If you would like to revoke any information that you have provide - just get in contact at mike@readymode.co.nz and we will stop using your comments and information.

Termination
READYmode reserves the right, in its sole discretion, to terminate access to READYmode Products, services or platforms or any portion thereof at any time.

Changes to Products and prices
Available Products and prices are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of READYmode Products.

Force Majeure
READYmode shall not be liable or responsible for any failure or delay in services when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of READYmode.

Revisions to these Terms
These Terms were last updated on 1st October 2021 and will replace all earlier READYmode Terms and any conditions contained in any document used by you and purporting to have contractual effect.

READYmode may revise these Terms at any time. Any such revisions take effect when this page is published on our Website.

Liability Limitation
Where you acquire or hold yourself out as acquiring Products from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these Terms.

We will always endeavour to have complete and accurate information on our Website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our Website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty Products supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction
Unless we otherwise agree in writing, these Terms contains all the terms of our relationship and continues to apply no matter where you are located at the time any Products are provided to you by us and irrespective of the location where you reside.

Use of our Website, supply of Products by us to you and any other matter arising from these Terms are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these Terms, or with the use of our Website or supply of any Products.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a Product and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our Website and Products in accordance with the applicable laws of the country or countries where your business or organisation is based.

Making a complaint
If you wish to make a complaint, you should contact us by email - mike@readymode.co.nz.

We will take such steps as are reasonable to investigate complaints, within a reasonable time of a complaint being received by us. We will give you a written notice of the investigations, which have been carried out, and the outcome of your complaint.

Privacy Policy

If you choose to purchase or sign-up for any of our Products or complete a survey we collect personal information from you, such as your:
- name
- contact information
- general health information
- feedback

What do we do with your information?
We collect your personal information in order to deliver our Products, process orders and payments relating to your purchases from us, share learning resources and/or keep you updated about READYmode events, services and products, to share relevant tips and inspiration and gather feedback.

Keeping your info safe
We may use reputable 3rd party platforms for gathering this information and communicating with you.

We keep your information safe by choosing reputable platforms and only allowing certain staff to access it. However, we cannot be held responsible for a breach of our website security or 3rd party platforms that is beyond our control.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

We may disclose your personal information as required by law.

Changing your information
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 to have it corrected, please contact us at mike@readymode.co.nz.

Opt-ing out
If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications, you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

Other 3rd party providers
For some things we will use third-party service providers such as payment gateways and other payment transaction processors. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

Events

Disclaimer
Any information, statements and provision of resources or products during READYmode events are for information purposes only. Always consult a qualified professional for individual advice.

Tickets
We may use 3rd party platform for event ticketing.

Please refer to our privacy policy on this page for details on how your information is used.

Refund policy
We generally offer refunds up to 7 days before the event - but please check the relevant ticketing platform that you are booking through as this may vary.

You are also welcome to transfer your ticket to someone else if you can no longer attend. Please advise us via the ticketing platform where you purchased your ticket so that we can update our records.

In the event of a COVID-19 alert level change which stops the event happening, where possible a postponement date will be offered. If this is not possible, or you are unable to make the new date - a full refund will of course be offered.

Copyright
All event content is the intellectual property of READYmode and is not to be duplicated, copied or shared without express permission.

You are not permitted to record the events without permission – whether for distribution or personal use.

Photography & Video Recording
By purchasing a ticket or attending one of our events you consent to us using your image and/or likeness in any photography or video recordings we create, unless otherwise advised by you. These recordings may be used for promotional purposes or otherwise at anytime in the future.

Delivery of Products and Resources

Disclaimer
Any information, statements and provision of resources provided via READYmode Products are for information purposes only.

Always consult a qualified professional for individual advice.

The information contained in our Products, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

Platform
We may use 3rd party platforms to deliver our Products.

Please refer to our Privacy Policy on this page for details on how your personal information is used.

Product content
To deliver our Products we may provide an online resource area which may be password protected and will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information.

Access to this resource area will be available for a minimum of 365 days or as for as long as the Product is available (whichever comes first). 

If Q&A sessions are offered as part of the Product - questions can be submitted via email or as advised in the Product. Not all questions will be able to be answered and selected questions are at the discretion of READYmode.

Participant discussion groups may be set as part of the Product. Please be selective in the materials that you share via these groups as they may become public domain. 

You agree not to share any information provided by other course participants outside of the course forums without permission.

Confidentiality
The content of all Products including all provided resources, templates and videos is not to be shared without permission from READYmode. And don't assume we'll say no - just get in touch at mike@readymode.co.nz. 

Intellectual Property
Excluding external links and where stated, all content included in our Products, is the intellectual property of READYmode and is protected by copyright and other laws that protect intellectual property and proprietary rights.

You hereby agree that you will not modify, publish, re-sell or share Product content or resources
without express permission from READYmode. 

Miscellaneous
You agree to absolve and do hereby absolve READYmode of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of any of the Products. You agree that READYmode will not liable to you for any type of damages.

The content of our Products may include inaccuracies or typographical errors and changes may be made to the content from time to time.

Returns and Refund Policy
We really want you to be satisfied with our Products.

If for whatever reason you are dissatisfied with a paid-for Product you have purchased then please contact us at mike@readymode.co.nz.

All refunds are subject to the applicable laws of New Zealand or otherwise are discretionary as determined by READYmode.

We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the Product is faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy.

If you receive a refund we will terminate access to all resources and information.

Copyright
All Products are the intellectual property of READYmode and are not to be duplicated, copied or shared without express permission.

Photography & Video Recording
If you purchase a ticket to or attend an interactive digital event, you consent to us using your image and/or likeness in any photography or video recordings we create, unless otherwise advised by you.

These recordings may be used for promotional purposes or otherwise at anytime in the future.

Or just switch of your camera if that's easier.

Website/Online Shop

Availability and supply
All orders are subject to the availability of those Product(s) on our Website shop ("Online Shop"). 

If for any reason a Product is not available, we will endeavour to notify the non-availability on our Online Shop.

Delivery and delivery charges
Prices for Tangible Products stated on the Online Shop are exclusive of any applicable delivery charges.

Prices for Coaching Products stated on the Online Shop are inclusive of any applicable delivery charges if the Coaching Product(s) purchased are to be delivered in-person at Core MMA, 4 Thackeray Street, Hamilton Central, Hamilton 3204, New Zealand or online.

We only deliver Tangible Products to New Zealand street addresses.

The cost of delivery of Tangible Products will be calculated once the customer has entered their shipping details and a total delivery cost will be provided in the order summary in your online shopping basket.

The delivery timing for Coaching Products will be determined via discussion and agreement with the purchaser.

We will use all reasonable endeavours to ensure that orders for Tangible Products will be dispatched promptly after an order has been placed.

Pricing
All prices are in New Zealand Dollars and we do not charge Goods and Services Tax ("GST") unless stated to be otherwise and are subject to the delivery charges detailed above.

All prices are correct when published.

We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options
We accept Bank Deposit / Direct Credit, Apple Pay, Google Pay and the following credit cards:

Visa, MasterCard, American Express & Japan Credit Bureau (JCB).

If Afterpay options are available they will be subject to Afterpay's terms and conditions: https://www.afterpay.com/en-NZ

Credit card security
All credit card payments are processed via Stripe's secure payments system to ensure high levels of payment security and are subject to Stripe's terms and conditions.

Click here to for Stripe's terms and conditions: https://stripe.com/nz

Returns and Refunds
See Delivery of Products and Resources - Returns and Refunds Policy on this page.

 

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