Terms & Conditions

If you fail to make payment within 1 month, we may lodge your debt on a debt register and take the necessary actions to recover the debt. If you choose to make payment on the outstanding amounts, all costs we may have incurred to recover the debt will be added to your outstanding amount. All costs incurred with debt collection are your responsibility, on top of the debt you owe  The Ousey Company Ltd & AJ Pipe, T/A The Kiwi Planner.

Until satisfactory full and final settlement of all invoices pertaining to The Kiwi Planner organiser is received, all administration rights and the associated infrastructure created remains the property of The Kiwi Planner.

Should the company default in payment of the invoice, the company directors shall immediately become personally liable for payment of any outstanding current and future invoices.

All prices published or estimated shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.

All deposits and amounts paid are not refundable to the purchaser by The Kiwi Planner.

All costs incurred in the recovery of overdue accounts will be added to the total amount owed.

Commitment to Privacy

Your privacy is important to us. To better protect your privacy, we provide this Privacy Policy which explains our online information practices and the choices you can make about the way your information is collected and used.

This Privacy Policy applies to all information collected or submitted to us. This information may be used when providing you with an agreed service. On some pages, we may be requested to register to receive email updates or provide some of your information in order to complete your requested services. The types of personal information collected at these pages may include: Name, E-mail address, phone number, address or date of birth. Where possible, we attempt to use non-identifying information but in certain cases, this is not possible.

We will never sell your personal information to any other company. However, should The Kiwi Planner be sold, then the information will pass under the normal terms and conditions of such a transaction.

In the event of a criminal investigation or a suspected illegal activity, we may be required by law enforcement agencies to share certain personal information.

Responsibilities of the Purchaser

You agree to the following:

(a) to provide us with correct contact details, and to keep them up-to-date;

(b) to keep your private access details (usernames and passwords) confidential;

(c) to provide us with content (including pictures, links, and text) that does not infringe any copyright, trademark, patent, common law, or rights of others;

(d) you confirm that you are legally entitled to represent the organization and have the authority to action this project;

(e) where the party involved is a company, the directors of the company personally guarantee the companies obligations under the terms of trade;

(f) any instructions received and confirmed in writing by The Kiwi Planner from The Purchaser for the supply of services shall constitute a binding contract between the parties and an acceptance of these terms;

(g) promptly pay for the services as agreed. All payments must be in New Zealand dollars.

Legal Disclaimer

The Kiwi Planner assumes no responsibility for information published on any internet site and disclaims all liability in respect of such information. The Kiwi Planner is not liable for any injury and/or damage to persons or property as a result of any actual or alleged libellous statements, infringements of intellectual property or privacy rights, or product liability, whether resulting from negligence or otherwise, including without limitation, from any use or operation of any ideas, instructions, procedures, products or methods contained in the material published on any existing or created electronic site. The Kiwi Planner is not liable for any perceived or real financial losses in relation to your online presence. The Kiwi Planner does not warrant that the information published on any electronic site or inside our physical organiser The Kiwi Planner is accurate or free from error. You agree to accept the application of New Zealand law to govern matters between The Kiwi Planner and yourself.

If despite the other provisions of this agreement, The Kiwi Planner is found to be liable then its liability for any single event or series of related events is limited to the fees payable (over the last two months) to The Purchaser for services rendered by The Kiwi Planner under this agreement. This period will be established when a formal notice is made to the registered office of The Kiwi Planner.

Failure by The Kiwi Planner to enforce any of the terms and conditions contained in this agreement shall not be deemed to be a waiver of all the rights or obligations The Kiwi Planner has under these terms.

Ownership

On the basis that all outstanding invoices have been settled in full, the Purchaser shall obtain ownership of all materials and resources produced during the course of this agreement e.g. The Kiwi Planner organiser book physical copy.

When an account is in default, The Kiwi Planner reserves the right to suspend services or withdraw from ongoing work for The Purchaser until such time as all monies, including interest and charges where applicable, are paid. This includes fees from a debt collection agency we send your overdue debt to.

By suspending or withdrawing services, of The Kiwi Planner does not remove The Purchaser’s obligation to pay any outstanding monies owing.

Use of Services

Intellectual Property

Offers and proposals made by The Kiwi Planner to potential clients are to be treated as commercially sensitive and confidential information. Such offers and proposals, or the information contained within them, must not be passed, in part or full, to third parties or publicly disseminated without the written authorisation of The Kiwi Planner. This includes, but is not limited to, methodology, tools used, technical features, functionality, and pricing information.

Mutual confidentiality obligations

Information that will be kept confidential includes offers and proposals, technical features, intellectual property, know-how, trade secrets, pricing information, business methods, systems, processes, business and financing transactions, client information or any other information of commercial value or utility.
Both parties agree not to disclose any of the confidential information of the other to third parties without express written authority of the other.

Disclaimers

The Kiwi Planner is co-owned by AJ Pipe - Accountability Coach and The Ousey Company Ltd.

The Kiwi Planner takes no responsibility for services provided to the Purchaser by third parties through The Kiwi Planner or otherwise.

The Kiwi Planner directors are not personally responsible or liable for any claims that may arise from this agreement.

This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.

Any notice including acceptance shall be given in writing and may be given by one party to the other by either email or recorded postal delivery to the address of the other person as appearing in previous correspondence, agreement or ancillary application forms or such other addresses as such party may from time to time have communicated to the other.

If sent by email, shall unless the contrary is proved, be deemed to be received on the day it was sent or if sent by recorded delivery shall be deemed to be received two days following the date of posting.

Your agreement to these terms and conditions are is taken as being confirmed upon your acceptance of any project, scope of work or assignment document.