TERMS AND CONDITIONS
Last updated March 29, 2025
AGREEMENT TO OUR LEGAL TERMS
Jacqui Sive International Limited, trading as Jacqui Sive (“Company”, “we”, “us”, “our”, “party”), is a company registered in New Zealand at 41 John Street, Stokes Valley, Lower Hutt 5019, New Zealand, Lower Hutt, Wellington 5019. Our VAT number is 131-891-067.
We operate the website https://www.jacquisive.com (the “Site”) and provide related products and services (the “Services”) that refer or link to these legal terms (the “Legal Terms”).
You can contact us by phone at (+64)225018302, by email at [email protected], or by mail to 41 John Street, Stokes Valley, Lower Hutt 5019, New Zealand, Lower Hutt, Wellington 5019, New Zealand.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “party”, “your”), and Jacqui Sive International Limited (“the Agreement”). You agree that by engaging with any of the Services, you have read, understood, and agree to be bound by all of the Legal Terms contained in the Agreement.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services. The modified Legal Terms will become effective upon posting or notifying you by [email protected], as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1) INTERPRETATION
2) OUR SERVICES
3) INTELLECTUAL PROPERTY RIGHTS
4) USER WARRANTIES
5) USER REGISTRATION
6) PROVISION OF SERVICES
7) PURCHASES AND PAYMENT
8) REFUNDS POLICY
9) PROHIBITED ACTIVITIES
10) USER GENERATED CONTRIBUTIONS
11) THIRD-PARTY WEBSITES AND CONTENT
12) SERVICES MANAGEMENT
13) PRIVACY POLICY
14) CONFIDENTIALITY
15) TERM AND TERMINATION
16) MODIFICATIONS AND INTERRUPTIONS
17) GOVERNING LAW
18) DISPUTE RESOLUTION
19) CORRECTIONS
20) NO WARRANTIES DISCLAIMER
21) LIMITATIONS OF LIABILITY
22) INDEMNIFICATION
23) USER DATA
24) ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 25) GENERAL PROVISIONS
26) CONTACT US
- INTERPRETATION
1.1. Confidential Information means all information provided by one party to another in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature, or manner of its disclosure, excluding:
a) information that enters the public domain or is disclosed to a party by a third party other than through a breach of this Agreement; and
b) information developed independently by a party; and
c) any Contributions as defined in the Agreement.
1.2. Content means any and all source code, databases, functionality, software, Site designs, programs, audio, video, text, photographs, and graphics or other material in the Services.
1.3. Contributions means anything you create, submit, post, display, transmit, publish, distribute, or broadcast through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material.
1.4. Electronic Communications means any communication to or from us. This includes but is not limited to:
a) visiting the Services;
b) Content displayed via the Services;
c) sending us emails;
d) receiving emails from us; and
e) completing online forms.
1.5. Intellectual Property means all intellectual property and proprietary rights (whether registered or unregistered) in our Contents and Marks.
1.6. Marks include any trademarks, service marks, and logos relating to the Services.
1.7. Moral rights means the moral rights set out in the Copyright Act 1994 and include any similar rights existing in other countries.
1.8. Payment Default means a failure to rectify any missed payment of any agreed-upon payment within 24 hours.
1.9. Services means any product or service provided to you by Jacqui Sive International Limited. This includes but is not limited to:
a) the site;
b) digital content;
c) mentoring services;
d) workshops;
e) courses;
f) masterclasses; and
g) coaching services.
1.10. Site means the website located at https://www.jacquisive.com.
1.11. Submissions means any question, comment, suggestion, idea, feedback, or other information you send us directly about the Services.
1.12. Third-Party Website means any website other than the Site.
1.13. Third-Party Content means any articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties.
2. OUR SERVICES
a) The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such
b) The Services are not tailored to comply with industry-specific regulations so if your interactions would be subjected to such laws, you may not use the Services.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. Our Intellectual Property
a) We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, programs, audio, video, text, photographs, and graphics in the Services (collectively, the Content), as well as the trademarks, service marks, and logos contained therein (Marks).
b) Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in New Zealand, and internationally.
c) The Content and Marks provided in or through the Services are for personal, non-commercial, and internal business purposes only.
d) We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
e) Any breach of these Intellectual Property Rights will constitute a material breach of the Agreement and your right to use our Services will terminate immediately.
3.2.Your use of our Services
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:
a) access the Services; and
b) download or print a copy of any portion of the Content to which you have properly gained access.
This is solely for personal, non-commercial, or internal business purposes.
3.3.Prohibited Use of Services
Except as set out in this section or elsewhere in the Agreement, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
a) If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in the Agreement, please address your request to: [email protected]
b) If we ever grant you written permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content, Services, or Marks.
3.4.Your Submissions and Contributions
3.4.1. Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services, you agree;
a) to assign to us all intellectual property rights in such Submissions; and
b) that we shall own Submissions and be entitled to unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
3.4.2. Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services. You understand;
a) Any submissions that are publicly posted shall also be treated as Contributions;
b) Contributions may be viewable by other users of the Services and possibly through Third-Party Websites;
c) Any contributions you transmit may be treated as non-confidential and non-proprietary.
3.5. License to Contributions
By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, international right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section.
a) Our use and distribution may occur in any media format and through any media channels.
b) This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
3.6. Responsibility for Submissions and Contributions
By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
a) confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any
Submissions nor post any Contributions that are illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
b) to the extent permissible by applicable law, waive any and all moral rights to any such Submissions and/or Contributions;
c) warrant that any Submissions and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions;
d) warrant and represent that your Submissions and/or Contributions do not constitute confidential information;
e) agree that you are solely responsible for your Submissions and/or
Contributions; and
f) expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3.7. Removal or Modification of your Content:
Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion, we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the appropriate authorities.
- USER WARRANTIES
4.1. By using the Services, you represent and warrant that:
(a) all registration information you submit will be true, accurate, current, and complete;
(b) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(c) you have the legal capacity and you agree to comply with these Legal Terms; (d) you are not a minor in the jurisdiction in which you reside;
(e) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
(f) you will not use the Services for any illegal or unauthorised purpose; and (g) your use of the Services will not violate any applicable law or regulation.
4.2.If you breach any of the warranties set out under clause 4.1, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
- USER REGISTRATION
You may be required to register to use the Services. You agree
b) you are above the age of 18 years old;
c) to keep your password confidential;
d) you will be responsible for all use of your account and password; and
e) we reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
6. PROVISION OF SERVICES
a) All Services are subject to availability.
b) We reserve the right to discontinue any Services at any time for any reason.
c) Prices for all Services are subject to change.
d) Though we take no responsibility under any circumstances for your outcomes while using our Services, our responsibility to you is, to the best of our ability, to provide you with the tools, information, and support that you require to achieve your goals
7. PURCHASES AND PAYMENT
7.1. Form of Payment
You agree to complete payments through one of the accepted forms:
a) Visa
b) Mastercard
c) Stripe
7.2. Supply of Payment Information
You agree;
a) to provide current, complete, and accurate purchase and account information for all purchases made in relation to our Services;
b) to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed;
c) a sales tax will be added to the price of purchases as deemed by us;
d) we may change prices at any time; and
e) all payments shall be in US dollars.
7.3. Authorisation of Payment
a) You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees.
b) You authorise us to charge your chosen payment provider for any such amounts upon placing your order.
c) If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.
d) We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
7.4. Payment Plans
a) If you are purchasing a Service using a payment plan, you agree to complete the entirety of the payment plan within the agreed-upon time.
b) You acknowledge that it is your responsibility to ensure that you have funds available on the day that your payment is due.
c) If, for any reason, your payment fails, it is your responsibility to contact us within 24 hours to rectify the situation.
d) You agree that you may not opt out of a payment plan under any circumstances.
e) If you choose to opt out of a Service, you acknowledge that you are still responsible for all of the agreed-upon payment terms.
7.4.1. If you have joined Momentum (The Mastermind) or the Spiritual CEO HQ, you acknowledge and agree that this is either a 6-month (for specific HQ purchases) or 12-month service you are entering into, and you shall be liable for six (for specific HQ purchases) or twelve payments. Should you decide to leave before 6 or 12 months have passed, you agree and acknowledge that you are still liable for the full 6 or 12 payments regardless of whether you are participating in the service.
7.4.2. If you join Hotline, you acknowledge and agree that you have a 3-month minimum financial commitment and can only cancel after you have paid the first 3 monthly payments. All cancelation requests must be made in writing with 30 days notice.
7.4.3. If you have joined a private coaching service, please note that your payment is for coaching sessions, and that all use of, and activity in Voxer (or any other communication app) is at our sole discretion. We may change our available Voxer hours at any time within 7 days' written notice.
7.5. Default of Payment
7.5.1. In the event you fail to pay within 24 hours any payments due pursuant to any agreed upon payment plan (Payment Default);
a) Our services to you will be immediately terminated,
b) you will still be liable for any other remaining payments as agreed to in the payment plan; and
c) you shall pay interest on any unpaid amount from that date until the date of payment, to be calculated at a rate of 15% per annum.
7.5.2. If any Payment Default is not paid within 30 working days:
a) we may refer the matter to a third-party debt collection agency to collect any and all unpaid payments and interest owing;
b) any costs incurred in the collection of the debt will be added to your outstanding account; and
c) you agree information about the Payment Default and your Confidential Information may be supplied to a debt collection agency.
7.6.Termination of Services
a) If your payment term is complete, and you no longer wish to continue with one or any of our Services (such as The Spiritual CEO Club), you must provide us with 30 days' notice in writing.
b) We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
c) We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
- REFUNDS POLICY
All sales are final and no refund will be issued under any circumstances.
- PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:
a) Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
b) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
c) Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
d) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
e) Use any information obtained from the Services in order to harass, abuse, or harm another person.
f) Make improper use of our support services or submit false reports of abuse or misconduct.
g) Use the Services in a manner inconsistent with any applicable laws or regulations.
h) Engage in unauthorised framing of or linking to the Services.
i) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
j) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
k) Delete the copyright or other proprietary rights notice from any Content.
l) Attempt to impersonate another user or person or use the username of another user.
m) Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
n) Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
o) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
p) Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
q) Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
r) Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
s) Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
t) Use a buying agent or purchasing agent to make purchases on the Services.
u) Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
v) Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
10. USER-GENERATED CONTRIBUTIONS
When you create or make available any Contributions, you thereby represent and warrant:
a) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third-party.
b) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
c) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
d) Your Contributions are not false, inaccurate, or misleading.
e) Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
f) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
g) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
h) Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
i) Your Contributions do not violate any applicable law, regulation, or rule.
j) Your Contributions do not violate the privacy or publicity rights of any third party.
k) Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
l) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
m) Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of Clause 10 violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
- THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to Third-Party Websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third-parties. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge:
a) that we do not endorse the products or services offered on Third-Party Websites;
b) you shall not hold us liable for any harm caused by your purchase of such products or services; and
c) you shall not hold us liable for any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
- SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
a) monitor the Services for violations of these Legal Terms;
b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
d) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
e) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
- PRIVACY POLICY
By using the Services, you agree to be bound by our Privacy attached to these Legal Terms. Please be advised the Services are hosted in New Zealand. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in New Zealand, then through your continued use of the Services, you are transferring your data to New Zealand, and you expressly consent to have your data transferred to and processed in New Zealand.
- CONFIDENTIALITY
14.1. Non-disclosure
A party must not, without the prior consent of the other user, disclose the other party’s confidential information unless expressly permitted by this Agreement, the associated Privacy Policy, or required to do so by law or any regulatory authority.
14.2. Permitted Disclosure and Use of Confidential Information
A party may:
- a) use Confidential Information of the other party for the purposes of complying with its obligations and exercising its rights under this Agreement; and
- b) disclose the Confidential information of the other party to its personnel or advisers to the extent necessary for them to know the information for purposes related to this Agreement, but only if reasonable steps are taken to ensure that the confidentiality of the information is retained.
14.3.Security Measures
Each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party’s Confidential Information whilst it is in the receiving party’s possession or control.
- TERM AND TERMINATION
15.1.Term
These Legal Terms shall remain in full force and effect while you use the Services.
15.2.Termination
Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability:
- a) deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation; and
- b) terminate your use or participation in the Services or delete your account and any Contributions, without warning, in our sole discretion.
15.3.Effect of Termination
a) If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
b) In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
16.1.Modification and Interruption of Services
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However,
a) we have no obligation to update any information on our Services;
b) we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services; and
c) if an appointment needs to be rescheduled by either party, 24 hours notice is required.
16.2.Modification and Interruption of Contents
a) We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
b) We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.
c) You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
d) Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
17. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of New Zealand. Jacqui Sive International Limited and yourself irrevocably consent that the Courts of New Zealand shall have jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
- DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of the New Zealand Courts. Jacqui Sive International Limited shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the state of your principal place of business.
- CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
- NO WARRANTIES DISCLAIMER
20.1.No Warranty for Services
The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites or mobile applications linked to the Services and we will assume no liability or responsibility for any:
a) errors, mistakes, or inaccuracies of content and materials;
b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services,
c) unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
d) interruption or cessation of transmission to or from the services;
e) bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party; and/or
f) errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services.
20.2.No Warranty for Third-Party
We do not warrant, endorse, guarantee, or assume responsibility for:
a) any product or service advertised or offered by a third party through the Services;
b) any hyperlinked website, or any website or mobile application featured in any banner or other advertising; and
c) we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of any products or services.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
20.3.No Warranty of Success
Nothing in this Agreement shall be construed as a warranty either expressly or implied that any successful results will be obtained as a result of the Services provided pursuant to this Agreement.
21. LIMITATIONS OF LIABILITY
a) To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business, or any consequential or incidental damages.
b) In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.
c) Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid by you to us.
- INDEMNIFICATION
You agree to defend, indemnify, and hold us not liable, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
a) your Contributions;
b) use of the Services;
c) breach of these Legal Terms;
d) any breach of your representations and warranties set forth in these Legal Terms;
e) your violation of the rights of a third party, including but not limited to intellectual property rights; or
f) any overt harmful act toward any other user of the Services with whom you connected via the Services.
22.1.Claims
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that;
a) we shall have no liability to you for any loss or corruption of any such data, and
b) you hereby waive any right of action against us arising from any such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, Content displayed via the Services, sending us emails, receiving emails from us, and completing online forms constitute Electronic Communications. You agree:
a) to receive Electronic Communications;
b) all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services, satisfy any legal requirement that such communication be in writing.
c) to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.
d) to waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- GENERAL PROVISIONS
a) These Legal Terms and any policies or operating rules posted by us on the Services or in respect of the Services constitute the entire agreement and understanding between you and us.
b) Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
c) These Legal Terms operate to the fullest extent permissible by law.
d) We may assign any or all of our rights and obligations to others at any time. e) We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
e) We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
f) If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
g) There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
h) There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
26. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:
Jacqui Sive International Limited
41 John Street, Stokes Valley, Lower Hutt 5019, New Zealand
Lower Hutt, Wellington 5019
New Zealand
Phone: (+64)225018302
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REFERRAL PROGRAM TERMS AND CONDITIONS
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Eligibility Criteria:
The Referral Program is designed to reward individuals who refer new clients to Jacqui's HQ program. To qualify for the referral fee, the person being referred must be a new client who has not previously been enrolled in any of Jacqui's programs, events or containers. Referrals for individuals who have already been a part of Jacqui's programs or have directly communicated with Jacqui before will not qualify for the referral fee. -
Referral Fee:
A referral fee of $1000 will be awarded for each successful referral that meets the eligibility criteria outlined above. The fee is payable after the referred client completes their initial enrolment and payment with Jacqui's HQ program. -
Referral Process:
Referrals must be submitted through official channels, as outlined in the referral program guidelines. Referrals made through other informal channels may not be recognized for the referral fee. -
Program Clarifications:
Jacqui’s team reserves the right to review and amend the referral program guidelines as necessary. Any discrepancies or concerns related to the referral process will be reviewed on a case-by-case basis. We strive for transparency and will update the community on any major changes to the guidelines. -
Discrepancies:
In cases where there is a discrepancy regarding the status of a referral (e.g., whether the referred client is a new or existing client), Jacqui’s team will review the circumstances and make a decision in line with the program’s guidelines. We value our community’s trust, and will work to resolve issues fairly. -
Confidentiality:
We are committed to maintaining the confidentiality of all our clients and their interactions with Jacqui’s programs. Any details of individual referrals will be kept confidential, and no personally identifiable information will be shared without consent, except as necessary for the referral process. -
Program Amendments:
Jacqui's team may modify or terminate the referral program at any time without prior notice. Any changes to the terms will be communicated to participants through official channels such as Telegram or email. -
Acceptance:
By participating in the referral program, you agree to abide by these terms and conditions. Any violations of these terms may result in disqualification from the program and forfeiture of any outstanding referral fees.
Referral Program Code of Conduct (CS)
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Integrity and Transparency:
All participants are expected to conduct themselves with honesty and integrity when making referrals. Any misleading, deceptive, or unethical behavior regarding the referral process will not be tolerated. -
Respect for Confidentiality:
Participants must respect the confidentiality of Jacqui’s clients and not share sensitive information regarding any referral’s engagement with Jacqui’s programs unless authorized by the referred individual. -
Clear Communication:
It is essential that all communications regarding referrals are clear and accurate. If there is any ambiguity or confusion, it is the responsibility of the participant to seek clarification from Jacqui's team. -
Adherence to Referral Guidelines:
Participants must follow the official referral guidelines. Any deviations or misunderstandings must be addressed with the team to ensure proper alignment with the program’s rules. -
Positive Representation:
Participants are expected to represent Jacqui’s programs and the referral program in a positive and supportive manner. Negative behavior or misuse of the referral program may result in removal from the program. -
Feedback and Improvement:
We encourage participants to provide constructive feedback regarding the referral program. This feedback helps us improve the program and ensures that all participants have a positive experience. -
Acknowledgement of Efforts:
We recognize and appreciate the efforts of all participants. While the referral program is structured to reward individuals for introducing new clients to Jacqui’s programs, we also recognize the ongoing support and value that all participants bring to the community.