Terms & Conditions
Ascendency - Business and Personal Mastery (shortened to Ascendency) is a trading name for Okiwi Enterprises Limited. For the purpose of these trading Terms and Conditions, Ascendency and Okiwi Enterprises Limited are one and the same.
Ascendency provides a range of products and services for customers to purchase from the Ascendency’s website (www.Ascendency.co.nz), or by direct arrangement. When the customer selects a purchase of any of the products or services, it is with the understanding of what each service is, what the customer can expect to receive, the costs of the product(s) or service(s) and the payment terms.
When a customer completes an order with Ascendency the placement of the order is conditional on acceptance of the following Terms & Conditions. These Terms & Conditions will constitute the agreement between the customer and Ascendency.
1) The nature of the Services
Ascendency does not sell software. Ascendency sells products and services and payment is received before supply of the product or services.
Third party products or services supplied by Ascendency on behalf of other suppliers are covered by this agreement.
All prices on Ascendency’s website (www.ascendency.co.nz) or any associated Ascendency website are subject to GST.
It is the customer’s responsibility to provide Ascendency with a valid email address and a current delivery address for the correct delivery of products provided by Ascendency.
Ascendency reserves the right to refuse service to any customer at any time for any reason.
3) Cancellation and termination of Client Account
Ascendency may, at its’ sole discretion, cancel an account at any time if, in Ascendency’s opinion, the client has failed to abide by this agreement. In such case Ascendency shall be entitled to all reasonable costs and expenses of such enforcement, including collection fees, court costs and legal fees.
Any goods or services paid for by the Client prior to termination of the Account will be supplied in full or may off-set against outstanding charges or credited at Ascendency’s sole discretion.
All goods and services ordered through the Webshop are supplied once payment has been received via Paypal or Credit Card.
IMPORTANT: Should the customer experience problems making payments or not receiving products or services it is important that Ascendency is notified about any issues as soon as possible.
In the event that Credit Terms are given, the granting of Credit Terms implies that the customer agrees that:
5) Intellectual property rights
Any content added to the Ascendency website by Ascendency including but not limited to images, titles, descriptions, articles etc, is the intellectual property of Ascendency. Any data stored by the system in a database, files or otherwise, as part of normal operation of the system, including but not limited to customer data, orders and sales information is the intellectual property of the customer.
Ascendency does not under no circumstances claim intellectual property, nor responsibility, of any content added by and rightly owned by the customer. Ascendency will not under any circumstances, except by legal order, give, sell or in any other way distribute to a third party data which is considered the intellectual property of the customer. .
The customer agrees to indemnify, defend and hold Ascendency and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable legal fees, related to the customer’s violation of this Agreement or use of the web services.
The services, content, goods and services from or through the website are provided “as-is,” “as available” and all warranties, express or implied, are disclaimed, including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose. The sole and entire maximum liability of Ascendency for any reason and the buyer’s sole and exclusive remedy for any cause whatsoever shall be limited to the amount paid by the customer for the particular items purchased. Ascendency and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental or consequential loss or damages (including but not limited to damages for loss of business, loss of profits, litigation, etc), whether based on breach of contract, breach of warranty, tort (including negligence) product liability or otherwise, even if advised of the possibility of such damages. The limit of damages set forth above are fundamental elements of the basis of the agreement between Ascendency and the customer. No goods and services will be provided without such limitations.
8) Acknowledgement and changes to these Terms & Conditions
This Agreement represents the entire understanding between the customer and Ascendency regarding the customer’s relationship with Ascendency and supersedes any prior statements or representations.
The customer agrees to be bound by the Terms and Conditions of this Agreement when the customer purchases any product or service from Ascendency.
Ascendency reserves the right to change the Terms & Conditions.
These Terms & Conditions are valid as of August 2010.
Copyright: Okiwi Enterprises Ltd trading as Ascendency - Business and Personal Mastery
Okiwi Enterprises Ltd. a NZ Registered Company