CrashMed – TERMS AND CONDITIONS

Disclaimer

Our paid courses, workshops, and services are intended as assessment preparation resources which you can use to prepare for your UCAT exams, GAMSAT exams, interview assessment and university studies. While we use reasonable attempts to ensure the accuracy and completeness of the content or information on the Site, to the maximum extent permitted by law we make no representation or warranty in relation to it and assume no liability or responsibility for any typographical errors, inaccuracies or omissions in the content that may relate to product or service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in our courses, workshops, and services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our Services or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We make no promises about the usefulness, accuracy, completeness, or timeliness of the content and information on the site or in our courses, workshops, and services, or whether it is fit for your intended purpose. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We make no warranties or promises as to the likelihood of you successfully passing any exams, interviews or tests or gaining acceptance after using our content, courses, workshops, or services and disclaim any warranty that the content of our courses and workshops can be relied upon. We do not guarantee, represent or warrant that your use of our services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our services will be accurate or reliable.
You agree that from time to time we may remove our services for indefinite periods of time or cancel our services at any time, without notice to you. You expressly agree that your use of, or inability to use, our service is at your sole risk. All products and services delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall CrashMed Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our services or any products procured using our services, or for any other claim related in any way to your use of our service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Warning: If you use our paid courses and/or services and/or workshops (or any part of them) for any purpose other than for personal study including but not limited to preparation for UCAT exams, GAMSAT exams, interview assessment and university studies (Required Purpose), you are required to notify us immediately. In the event that you do not use it for the Required Purpose or do not notify us, we reserve all rights to terminate the Account (as defined below) with immediate effect, without any notice to you.

We reserve the right to refuse service to anyone for any reason at any time. In addition, we further reserve all rights to commence legal action against any person who, including but not limited to, extracts, shares any part of the content of our paid courses and/or workshops and/or uses them, the Site (as defined below) and/or the Account for commercial purposes or for any purpose other than the Required Purpose.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

1- Acceptance

1.1 This website is operated by CrashMed Ltd NZBN: 9429052884085 (we, our or us) and is available at www.crashmed.co.nz and may be available through other addresses, channels or apps (collectively called the Site).

1.2 By accessing and/or using our Site, you; each person, entity or organisation using our Site (referred to as you or a user as applicable):

1. warrant to us that you have reviewed and understood these Terms and Conditions, including our Privacy Policy

(available on the Site) (Terms);

1. warrant to us that you have the legal capacity to enter into a legally binding agreement with us (and if you are under the age of 18 years old, it is deemed that your parent or legal guardian is aware and has given consent); and
2. agree to use the Site in accordance with the Terms and all applicable laws and regulations and be bound by them.

1.3. Please read the Terms carefully and immediately cease using the Site and our services if you do not agree to these Terms.

1.4. You are required to create an account (Account, exchangeable with Membership) in order to participate in our workshops, services, and online courses (including online livestreams of our services). You must ensure that any personal information you give to us when creating an Account is complete, accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy. If you are accepting these Terms on behalf of anyone else, you warrant that you have consent to disclose their personal information to us in accordance with our Privacy Policy. It is your responsibility to keep your Account details confidential and you are liable for all activity on your Account, including any purchases made using your Account details. If you believe that someone has gained unauthorised access to your Account, you must contact us immediately.

1.5. We may disable your Account or use of the Site without notice and for any reason.

2- Free Content

2.1. We may offer you access to free content (Free Content) designed to allow you to evaluate the online courses and make sure it is right for you before paying the Fees. Any Free Content can change at any time without notice. We have the right to change, terminate or revoke your access to Free Content if you are found to be misusing the Site.

3- Courses, Workshops, and Private Tutoring Services

3.1 You may sign up for our services, both free and paid courses, workshops, and services from us as set on the Site.

3.2. For paid courses, workshops, and services, you may sign up by paying the price for the relevant course, workshop, or service as set out on the Site (Fees) and following any other instructions set out on the Site.

3.3. For some paid workshops, we may elect to donate a portion of the Fees to a charity of our choice. We will set out on the Site where this is applicable.

3.4. If you sign up for any courses, workshops, or services through the Site, this constitutes an offer by you to purchase a particular course, workshop, or service for the price notified at the time you sign up.

3.5. Each time that you sign up for a course, workshop, or service this results in a separate binding agreement between you and us for the supply of courses or workshops in accordance with the Terms.

3.6. It is your responsibility to verify what you are signing up for, including details of the course, workshop, or service you have selected and pricing, before you sign up to a course or workshop.

3.7. You warrant that you have considered the details of all courses, workshops, or services that you sign up to, including the contents of the course, workshop, or service, and have determined that it is appropriate for you.

3.8. Where you sign up to attend a physical workshop, you acknowledge that physical attendance at the workshop is required in order to obtain the benefit of the workshop. Resources in relation to a physical workshop are only made available at the premises the workshop is being held, and you acknowledge and agree that we are not obliged to provide you with the resources if you fail to attend the workshop.

3.9. When you order and pay on the Site and your payment has been validated, you will be sent a confirmation email. The confirmation email will contain details of your payment, a tax invoice and receipt of payment, further details about what to do next and a link to view your purchased services.

3.10. Any student who schedules a private tutoring session and fails to attend, or cancels with less than 48 hours of notice, will be charged a late-cancellation penalty. The penalty will be 50 percent of the tutor’s standard hourly rate for the booked session, unless a different percentage is explicitly stated at the time of booking. This penalty may be waived only in exceptional circumstances, and solely at the discretion of CrashMed staff. Failure to pay the penalty fee is treated as a breach of these Terms, and may result in suspension or a complete ban from all CrashMed services.

3.11. After purchasing a course, you will be able to access the online courses for a period as set out on the Site. Generally, this will be from the date of purchase for either a month, 4 months or one year, depending on the payment option you have purchased. After that time, we reserve the right to remove the course from the Site and you will no longer have access to this content.

3.12. From time to time, we may update the content of an online course. Provided that your membership is still active and Fees have been paid, then you will be able to access the updated content through the Site. Some content of the online course will only be available once you have completed certain content.

3.13. In the event that a course, workshop, or service is listed at an incorrect price or with other incorrect information due to a typographical or other error, we shall have the right to refuse or cancel any orders placed for the course or workshop listed incorrectly.

3.14. We reserve the right at any time to modify or discontinue the course, workshop, or service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

4- Refunds

4.1. Subject to applicable law, including the Consumer Guarantees Act 1993 (CGA), we typically do not provide refunds for change of mind. However, if the services provided fail to meet the statutory guarantees under the CGA, you may be entitled to a remedy.

4.2. In relation to workshops, subject to applicable law, we do not provide refunds if you are unable to attend the workshop for any reason.

4.3. In relation to online courses, we take no responsibility for the service of your current internet provider. As such we will not provide a refund to you for the inability to access the courses, or based on the viewing quality of the courses due to the service of your current internet provider or for any reason, unable to attend.

4.4. If you have any concerns about the course, workshop, or service that you have signed up for, please contact us on the details provided on the Site, and we will attempt to resolve the matter.

4.5. We may, from time to time and at our absolute discretion, refund a portion of your Fees to you in the event that we reduce the Fees shortly after you sign up for a course, workshop, or service.

4.6. In the event that we choose not to provide the full scope of services for the contracted period, we will issue a partial refund of your fees that corresponds to the portion of the services that will remain unprovided

4.7. Memberships and services are refundable only if all of the following conditions are met:

4.7.1. The student believes that they would have a higher probability of success at entering medical school at the University of Auckland, Otago, or Waikato without the membership OR the membership, service, or plan recommended by CrashMed is believed by the student to be dishonest and an unreliable or inaccurate representation of the needs and challenges for the student in their specific situation;

4.7.2. The student has engaged in a discussion with the CrashMed team to justify this belief reasonably and logically with factually supported arguments

4.8. Memberships and/or services are not refundable under any of the following circumstances:

4.8.1. The student has not accessed the services

4.8.2. The student changed their mind about the membership, however, there is no other change to justify a meaningful difference in their medical admission success probability or initially proposed entry strategy

4.8.3. There is evidence on distribution or illegal use or usage of material against any of our terms and conditions

4.8.4. There is evidence of a violation of any of our terms and conditions by the student

4.8.5. The student has failed to reasonably follow guidance and instructions for proper use of the membership or service as advised, or there has been a significant and meaningful deviation from the strategy or plan in either usage of the membership, course, workshop, service, and resources or timing of usage

4.8.6. The student has not been contactable or responsive to suggestions, warnings, instructions, or other communications relating to a concern that they have expressed about the membership

4.8.7. The student has been unwilling to work with the CrashMed team to optimise their experience and chances of success using their membership in a timely fashion

4.8.8. The student is unable to reasonably justify their dissatisfaction with their membership experience or their belief in a sub-optimal chance of entry into medical school using the membership. This includes, but is not limited to, arguments that are factually unsupported and/or logically fallacious.

5- Fees and Payments

5.1. You must pay us the Fees in accordance with this clause. All amounts are stated in New Zealand dollars.

5.2. Unless otherwise stated our Fees are inclusive of GST.

5.3. Unless otherwise stated you must pay the Fees upfront at the time of signing up for a course, workshop, or service using our third-party payment processor.

5.4. If you encounter any financial hardship and are unable to pay the Fees at the time of signing up for a course or workshop, please contact us at the details set out on the Site, and we may be able to provide you with a payment plan.

5.5. You must not pay, or attempt to pay, any Fees by fraudulent or unlawful means.

5.6. Fees for our courses, workshops, and services are subjected to change without notice.

5.7. If a course, workshop, or service operates on a recurring model (monthly or yearly subscriptions), the payment for the consecutive time period will automatically be charged on your credit card (you are to ensure that there are sufficient funds at all times) unless the customer actively terminates the membership service the day prior to renewal.

5.8. If the customer terminates the membership during the current cycle already paid for, they will not receive a refund for the days remaining in the cycle. Instead, the membership will continue until the end of the current cycle and the membership service will be no longer renewed after the end of the current cycle.

6- Forum, Social Media, and Other Submissions

6.1. The Site may have a forum or discussion platform (whether on the Site or on an alternative social media platform) on which registered users are able to communicate.

6.2. We ask you to limit your discussions to topics which are relevant to the Site and our courses, workshops, or services.

6.3. We reserve the right to monitor, edit, or remove any posts or content which we, in our sole discretion, deem to be inappropriate, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

6.4. We are not responsible for the conduct of any user of our Site.

6.5. Your participation on the forum is subject to these Terms and any policies set out on the Site.

6.6. If, at our request, you send certain specific submissions (for example contest entries or testimonials) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
6.7. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our courses, workshops, or services or any related websites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

7- Exclusions

7.1. You must not access or use the Site except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with, including but not limited to, our intellectual property rights in the courses, workshops, and services or the Site. Without limiting the foregoing provisions, you must not and/or must not permit any other person to:

7.1.1. resell, assign, transfer, distribute or provide others with access to our courses, workshops, services, or the Site;

7.1.2. “frame”, “mirror” or serve any of the courses, workshops, services, or the Site on any web server or other computer server over the Internet or any other network;

7.1.3. copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, reverse engineer, reverse compile or enhance the courses or the Site;

7.1.4. alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the courses or the Site;

7.1.5. use the courses, workshops, services, or the Site in any way which is in breach of any applicable local, national or international laws and regulations (Laws) or which infringes any person’s rights, including intellectual property rights;

7.1.6. use the courses, workshops, services or the Site to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;

7.1.7. use the courses, workshops, services, or the Site in any way that damages, interferes with or interrupts the supply of the courses, workshops, services, or the Site;

7.1.8. introduce malicious programmes into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks (Systems), including viruses, worms, trojan horses and e-mail bombs;

7.1.9. reveal your Account password to others or allow others to use your Account;

7.1.10. use the courses, workshops, services, or the Site to make fraudulent offers of goods or services;

7.1.11. use the courses, workshops, services, or the Site to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);

7.1.12. use any programme/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the courses, workshops, services, or the Site;

7.1.13. send any unsolicited email messages through or to users of the Site in breach of the Unsolicited Electronic Messages Act 2007 or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages, or use the Site in breach of any person’s privacy (such as by way of identity theft or “phishing”);

7.1.14. use the courses, workshops, services, or the Site to circumvent user authentication or security of any of your networks, accounts or hosts or those of your customers or suppliers;

7.1.15. attempt to derive the source code of the Site or any part of it or reverse engineer any of the systems or technologies used to create or operate the Site;

7.1.16. use the Site in a way that might cause damage or loss to us or affect our brand or reputation;

7.1.17. solicit or entice away directly or indirectly, any person or organisation that was our actual or prospective, client, employee, contractor, representative, agent, or developer; or

7.1.18. allow or assist anyone else to carry out the above mentioned activities.

You agree to indemnify, defend, and hold harmless us and each of our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees in respect of any liability, claim, demand, loss or damages (including all legal and other costs on a full indemnity basis) made by any third-party, suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of the Terms or the documents they incorporate by reference, or any other default or wrongful conduct in relation to the subject matter of the Terms, on your part. This includes your violation of any law or the rights of a third-party.

8- Limitations

8.1 Despite anything to the contrary, to the maximum extent permitted by law:

8.1.1. our maximum aggregate liability arising from or in connection with the Terms (including the courses, workshops, services and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Fees paid by you to us for the courses, workshops, services the subject of the relevant claim; and

8.1.2. we will not be liable to you for any direct, indirect, incidental, special or consequential loss, loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

8.2. Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

8.2.1. failure or delay in providing the courses, workshops, or services;

8.2.2. problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or internet traffic congestion;

8.2.3. loss or damage, including personal injury or death, resulting from using the courses, workshops, services, or the Site;

or 8.2.4. breach of the Terms or any law, where caused or contributed to by any:

8.2.5. event or circumstance beyond our reasonable control;

8.2.6. participating or downloading materials in connection with the Site or the courses; or

8.2.7. act or omission of you or your related parties,

8.2.8. and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the courses, workshops, or services.

8.3. You acknowledge and agree that you use the Site and the materials obtained on the Site at your own risk. Despite our best efforts, we make no warranties that the information in the Site is free of infection by computer viruses or other contamination or guarantee that any given online course or tutorial will always be available (uninterrupted) or performed as scheduled.

8.4. To the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with your acts or omissions based on the material contained within the online courses, workshops, and services, except for liability that cannot be excluded or limited under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, or other applicable New Zealand law, including liability for negligence or fraud.

8.5. Certain legislation, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, may confer on you rights, warranties, guarantees and remedies which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms attempts to exclude, restrict or modify your Statutory Rights under New Zealand law. Any and all other warranties or conditions which are not guaranteed by law are expressly excluded where permitted.

8.6. Current and former students of the courses and workshops are prohibited to participate in any form of teaching of UCAT or interview techniques for competitors (i.e coaching organisations) in the New Zealand market.

9- Intellectual property

9.1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to any courses, videos, guides or other materials (including in connection with the Terms and the online courses and workshops) will at all times vest, or remain vested, in us.

9.2. We give you a limited, revocable, non-transferable license to use, for your personal and private (non-commercial) use, any materials or other content we provide to you as part of our courses and workshops and save and except as provided in this clause, nothing in these Terms or your use of the Site has the effect of transferring, assigning, licensing or otherwise transmitting any of our intellectual property to you.

9.3. Unless otherwise agreed to by us, you must not, without our prior written consent, except as permitted under New Zealand copyright law or as explicitly outlined in these Terms:

9.3.1. Copy, translate or use, in whole or in part, any of our intellectual property;

9.3.2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

9.3.3. breach any intellectual property rights connected with the Site, the workshops or the courses, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

9.4. From time to time, we may provide you with hard copy materials as part of the course or a workshop. We may mark these hard copy materials with a unique identifier that will allow us to identify the original owner of the materials. In the event that we are made aware of materials being circulated in breach of these Terms, we will investigate the matter using the unique identifier on the materials.

9.5 This clause will survive termination of your Account.

10- Termination

10.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

10.2. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

10.3. We may immediately suspend, terminate or limit your access to and use of the Site and (where applicable) your Account if you breach any term or provision of these Terms and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach; you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). Termination does not affect any of your statutory rights under the Consumer Guarantees Act 1993 (CGA) or Fair Trading Act 1986.

10.4. Notwithstanding anything to the contrary, if we are made aware that you are in breach of any of our intellectual property rights, we may immediately suspend your access to the Site and notify you of such suspension. We may choose to reverse your suspension after discussing the matter with you, in our sole discretion. Any subsequent breaches of our intellectual property rights may result in the immediate termination of your Account or membership.

10.5. We may stop making the Site (or any part of it) available without prior notice. If we do this, any order that we have accepted will not be affected, subject to the Terms.

10.6. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), your access may be revoked. You remain responsible for any uncollected amounts, and we will attempt to charge your payment method. You are responsible for updating your payment method information.

10.7. In addition, we may also seek any other remedies available at law.

11- Collection Notice and Privacy Policy

11.1. We collect personal information about you in order to provide you with your ordered courses, workshops, and services, to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

11.2. We may disclose that information to third party service providers who help us deliver our courses, workshops, and services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our courses, workshops, or services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside New Zealand.

11.3. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

11.4. By providing personal information to us, you or your parent or legal guardian consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

12- General

12.1. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). Any unresolved disputes shall be resolved by the courts of New Zealand, and you submit to the exclusive jurisdiction of those courts.

12.2. Consent: You acknowledge and agree that we may photograph your attendance at our workshops or online courses, and consent to us using your image in promotional and marketing materials to promote us, our courses, workshops, services, and/or the Site.

12.3. No commercial use: Our Site, the courses and the workshops are for your personal, non-commercial use only. You must not use our Site, or any of the content in our courses and/or workshops, for commercial purposes.

12.4. Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account/submitting your order (and you must update the details if they change). Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 4 business days in the case of post, or at the time of transmission in the case of email.

12.5. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

12.6. Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

12.7. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

12.8. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

12.9. Amendment: We may, at any time and at our sole discretion, update, change or replace any part of these Terms by publishing varied terms on the Site and the varied terms will be effective immediately upon publication on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order. It is your responsibility to check the Site periodically for changes. Your continued use of or access to our Service or the Site following the posting of any changes to these Terms constitutes acceptance of those changes.

12.10. Governing law: Subject to applicable laws, these Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand. The Site may be accessed in New Zealand and overseas. We make no representation that the Site complies with the laws (including intellectual property and privacy laws) of any country outside of New Zealand. If you access the Site from outside New Zealand, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.

12.11. Entire agreement: The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Site form the entire agreement and understanding between the parties relating to the subject matter herein and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

12.12. Minors: Where you are under the age of 18 (a legal minor), your parent or legal guardian shall be bound by these Terms on behalf of you and shall accept and agree to these Terms on behalf of you.

13- Third-Party Links

13.1. Certain content, products and services available via our courses, workshops, and services may include materials or tools from third-parties over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools as is and as available without any warranties, representations or conditions of any kind and without any endorsement.

13.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility whatsoever arising from or relating to your use of any third-party materials or websites, or for any other materials, products, tools or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

13.3 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

14- Your Obligations

You agree, acknowledge and understand that:

1. by not following any of the guidelines provided, you will have a poor experience and are less likely to achieve success using the techniques set out in the courses, workshops, services, or on the Site;
2. the programme structure and restrictions are created based on extensive evaluation of user experience and outcomes and that by deviating from or non-compliant with them, any failure to use the techniques is completely due to your own sole decision which we will not be liable;
3. in light of subclauses (1) and (2) above, you will not publicly or otherwise criticise our techniques and approaches and/or disparage our reputation and brand name and further agree and acknowledge that your experience will not be an accurate representation or measurement of our techniques and methodologies;
4. in the event that you publicly or otherwise criticise and/or disparage us, this will be a breach of these Terms which will be dealt with in accordance with these Terms or we may commence legal action as we deem fit; and
5. you must not engage in a conduct that is inappropriate, misleading, false, deceptive, insulting, derogatory or defamatory.

We are not responsible for any loss, damage, expense, cost, stress or any other direct or indirect consequences as a result of the ineffective use of our techniques and methodologies by you. In the event that you decide to continue the course against our strong recommendations, we will not be held liable in any way and you will not seek any claim or compensation (including refund of fees) or commence any legal actions against us.

For any questions and notices, please contact us at:

CrashMed LTD (NZBN 9429052884085)

Email: [email protected]