These Terms apply to your use of the Site (beyondcuriosity.nz).

Purpose: These terms and conditions (the "Terms") govern the use of www.beyondcuriosity.nz and www.beyondcuriosity.co.nz (the "Site"). This Site is owned and operated by Krysta Trevis trading as Beyond Curiosity. This Site provides information and booking functionality to support provision of coaching services.

Effective Date: 9 February 2024

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1. Application of Terms

By accessing and using the Site:

1.1   You agree to these Terms; and

1.2   Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person's behalf and that, by agreeing to these Terms on that person's behalf, that person is bound by these Terms.

If you do not agree to these Terms, you are not authorised to access and use the Site, and you must immediately stop doing so.

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2. Changes 

2.1   We may change these Terms at any time by updating them on the Site. Unless otherwise stated, changes take effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Site, you agree to be bound by the changed Terms.

2.2   We may change, suspend, discontinue, or restrict access to the Site without notice or liability.

2.3   These Terms were last updated on 9 February 2024.

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3. Definitions

In these Terms:

• "Terms" means these Terms and Conditions titled "Website Terms of Use"

• "Site" or "Website" means beyondcuriosity.nz and beyondcuriosity.co.nz

• "We", "us", or "our" means Krysta Trevis trading as Beyond Curiosity

• "You"  means you, or if clause 1.2 applies, both you and the other person on whose behalf you are acting.

• "User ID" means a unique name and/or password used to allow access to certain parts of the website (e.g. bookings)

• "personal information" means information about an identifiable, living person

• "including" and similar words do not imply any limit

• "underlying system" means any network, system, software, data or material that underlies or is connected to the Site.

• "loss" includes loss of profits, savings, revenue, data and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

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4. Your obligations

4.1   You must provide true, 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.

‍4.2   Accounts: If you create an account on our Site, you agree 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

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.

c. you will not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

b.  you will immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to hello@beyondcuriosity.nz

4.3   You must:

a. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Site or any Underlying System, or otherwise attempt to damage or interfere with the Site or any Underlying System; and

b. unless with our agreement, access the Site via standard web browsers only and not by any other method.  Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

4.4   You must obtain our written permission to establish a link to our Website.  If you wish to do so, email your request to hello@beyondcuriosity.nz.‍
4.5   You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

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5. Sale of services

5.1   These Terms govern the sale of services available on our Site and apply to all services displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. You agree to purchase services from our Site at your own risk.

5.2   The services will be paid for in full when the services are ordered, unless otherwise agreed, in writing, by both parties. 

5.3   We reserve the right to modify, reject or cancel your service 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.

5.4 Payments:

a. We accept the following payment methods on our Site: Credit Card. We accept the following payment method through invoice for services: Bank transfer.

b. When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. This includes support through third party payment providers (e.g. Stripe). By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. 

c. If we believe your payment has violated any law or these Terms, we reserve the right to cancel or reverse your transaction.

5.5 Refunds:

a. We provide refunds for services sold on our Site as follows: Booked sessions will be fully refunded if cancelled online, or by contacting us, at least 24 hours before the session was scheduled to start. Sessions cancelled with less than 24 hours notice will receive a 50% refund. For coaching packages, sessions that not used (not booked) will be refunded at a fee of NZD175 per un-used session if you contact us to cancel the package.

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6. Intellectual Property

We own all proprietary and intellectual property rights in the Site (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems. All content published and made available on the Site is the property of Krysta Trevis and the Site's creators. This includes but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

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7. Disclaimers

7.1   To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

a.   the Site being unavailable (in whole or in part) or performing slowly;
b.   any error in, or omission from, any information made available through the Site;
c .   any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Site.  To avoid doubt, you are responsible for ensuring the process by which you access and use the Site protects you from this; and
d.   any site linked from the Site.  Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

7.2   We make no representation or warranty that the Site is appropriate or available for use in all countries or that the content satisfies the laws of all countries.  You are responsible for ensuring that your access to and use of the Site is not illegal or prohibited, and for your own compliance with applicable local laws.

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8. Liability

8.1   To the maximum extent permitted by law:

a.   you access and use the Site at your own risk; and

b.   we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Site, or your access and use of (or inability to access or use) the Site.

8.2   Krysta Trevis, Beyond Curiosity, our agents and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from you use of the Site..

8.3   Except where prohibited by law, by using this Site you indemnify and hold harmless Krysta Trevis, Beyond Curiosity, our agents and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of Terms.

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9. Privacy 

9.1   You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections or functions of the Site available to you.  For example, we may need to have your contact information in order to provide you with updates from our Site. 
9.2   When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020.

9.3  The personal information you provide to us (including any information provided if you set up an account) is collected and may be used for communicating with you, analysis, marketing, and research and development.
9.4   We may also collect technical information whenever you log on to, or visit the public version of, our Site.  This may include information about the way users arrive at, browse through and interact with our Site.  We may collect this type of technical information through the use of cookies and other means.  Cookies are small pieces of data stored on a site visitor's browser to enable our systems to recognise your browser.  If you want to disable cookies, you may do so by changing the settings on your browser.  However, if you do so, you may not be able to use all of the functions on the Site.  We use the technical information we collect to have a better understanding of the way people use our Site, to improve the way it works and to personalise it to be more relevant and useful.  We may also use this information to assist in making any advertising we display on the Site more personalised and applicable to your interests.

9.5   Generally, we do not disclose personal information to third parties for them to use for their own purposes.  However, some of the circumstances in which we may do this are:

a.   to service providers and other persons working with us to make the Site available or improve or develop its functionality (e.g. we may use a third party supplier to host the Site);
b.   in relation to the proposed purchase or acquisition of our business or assets; or
c.   where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.

9.6   Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand.  This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
9.7   You have the right to request access to and correction of any of the personal information we hold about you.  If you would like to exercise these rights, please email us at hello@beyondcuriosity.nz

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10. Suspension and Termination

10.1   Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Site (or any part of it).

10.2   On suspension or termination, you must immediately cease using the Site and must not attempt to gain further access.

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11. General

11.1    If we need to contact you, we may do so by email or by posting a notice on the Site.  You agree that this satisfies all legal requirements in relation to written communications.
11.2    These Terms, and any dispute relating to these Terms or the Site, are governed by and must be interpreted in accordance with the laws of New Zealand.  Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
11.3    For us to waive a right under these Terms, the waiver must be in writing.
11.4    Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 6, 7, 8, 11.1, continue in force.
11.5    If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.
11.6    These Terms set out everything agreed by the parties relating to your use of the Site and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.  The parties have not relied on any representation, warranty or agreement relating to the Site that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.