Peri Mason Guiding Success: Terms and Conditions: services to business owners, services, and online payments

Peri Reone Maui Mason is a Sole Trader Registered with New Zealand Companies

Office. NZ Business Number (NZBN) 9429048978767

Last updated May 2023

Please forward all inquiries to:

Peri Mason

4 Grayson Avenue, Mangakakahi

Rotorua 3015

New Zealand

Contents

Definitions

Our contract with you

Your account with us

Your email address

Your Material

Price, payment, and service provision

Refund Policy

Cancellation of order

Dissatisfaction with the Services

Applicable Law, foreign taxes, duties and import restrictions.

Disclaimers

Indemnity

System Security

Acceptable use Policy

Confidential Information and Intellectual Property Rights

Miscellaneous provisions

These terms and conditions regulate the business relationship between you and us.

When you buy from us, you agree to be bound by them.

No person under the age of 18 years may purchase Services. If you are under 18,

please ask an adult for help with your purchase.

We are Peri Mason Guiding Success:

Our Business Address is.

4 Grayson Avenue, Mangakakahi

Rotorua 3015

New Zealand

You are a visitor to a website owned by us and/or a customer of ours

By using our website to make a purchase you agree to have read and understood Peri Mason Guiding Success terms and conditions, and you agree that they form part of the contract between us. If you are under the age of 18 years, you confirm that you have brought the terms and conditions to the notice of your parent or guardian, and that person has agreed that you may buy our Services.

These terms and conditions apply:

1. Definitions

In this agreement:

“Consumer” means any natural person who accesses Our Website or purchases products or Services from us.

“Content” means any material in any form published on Our Website, any social media account operated by or linked to us or any third-party platform, by us or any third party with our consent.

“Confidential Information” means trade secrets; computer hardware, applications, and software programs; audio or visual recordings in any format; training material in any format; specifications, templated, general design or layouts; financial or accounting information; client or supplier data and details; market research, research and development materials; together with any information or material that Peri Mason Guiding Success or our associated entities in the future may indicate is confidential, or which may be apparent is confidential; and our internal business processes and procedures, unless:

- that confidential information is transferred to the public domain through no fault or action of yours.

- we give you written authority to release it; or

- you are required by a legal process to disclose that information and have provide notice to us of that obligation.

“Our Website” means (a) the entire computing hardware and software installation

that is or supports Our Website and (b) all of our web-based applications, tools and

platforms that you have subscribed to through Our Website or that we otherwise

make available to you, and are developed, operated, and maintained by us,

accessible via http://perimason.com/home  or another designated URL, and any

ancillary products and services, including website hosting, that we provide to you.

“Material” means Content of any sort posted by you on Our Website.

“Services” means any of the services we offer for sale on our website and include

generally available updates and support services so far as specified for each service.

“Terms and Conditions” means these terms and conditions and includes our Privacy

Notice and any other terms and conditions posted on Our Website.

2. Our contract with you

2.1. We acknowledge acceptance of your order by e-mail confirmation. That is when

our contract is made. Our message will also confirm details of your purchase receipt.

2.2. We cannot guarantee that every Service advertised on our website is available.

If at any time a Service for which you have paid becomes unavailable, we will

immediately refund any money you have paid. Our refund will cover the period of

unavailability and not any period for which Services have been available.

2.3. We may change these terms from time to time. The terms that apply to you are

those posted here on Our Website on the day you order Services.

2.4. If in future, you buy Services from us under any arrangement which does not

involve your payment via Our Website, these terms still apply so far as they can be

applied.

3. Your account with us

3.1. You agree that you have provided, and will continue to provide accurate, up to

date, and complete information about yourself. We need this information to provide

you with the Services. For information about how we manage your personal

information please see our Privacy Notice.

3.2. If you use the website, you are responsible for maintaining the confidentiality of

your account and password and for preventing any unauthorized person from using

your computer.

3.3. You agree to accept responsibility for all activities that occur under your account

or password. You should tell us immediately if you believe some person has

accessed your account without your authority and also log in to your account and

change your password.

4. Your email address

4.1. You represent that any username or email address selected by you, when used

alone or combined with a second or third level domain name, does not interfere with

the rights of any third party and has not been selected for any unlawful purpose.

4.2. You acknowledge and agree that if we believe such selection does interfere with

the rights of any third party or is being selected for any unlawful purpose, we may

immediately suspend the use of that name or email address, and you will indemnify

us for any claim or demand that arises out of your selection.

4.3. You acknowledge and agree that we shall not be liable to you in the event that

we are ordered or required by a court or judicial authority, to desist from using or

permitting the use of a particular domain name as part of a name or email address.

5. Your Material

5.1. If you post any Material in Our Website, you warrant that you own the copyright

and all other necessary rights in it and you accept all risk and responsibility for it. You

further warrant that any fact stated in your Material is accurate.

6. Price, payment, and service provision

6.1. It is possible that the price may have increased from that posted on our website.

If that happens, we will not provide the Services until you have confirmed that you

wish to order at the new price.

6.2. You agree to pay the monthly charge for the Services from the PayPal account

or credit card you have or will have supplied to us. You authorize us to arrange

withdrawal of funds from that account each month without further reference to you.

You undertake to keep your payment details up to date and notify us of any changes

in a timely manner.

6.3. Payments are billed in advance on the same day as your initial order each

month. If you have elected an annual subscription, payment will be billed on the date

of your order and on the annual anniversary of your purchase date.

6.4. Our Services may be provided by email / made available for you to download / in

the way we have explained in our website.

6.5. If we are not able to provide your Services within 10 days of the date of your

order, we shall notify you by e-mail to tell you the likely provision date.

6.6. Once Service provision has started, you may cancel the Services at any time on

giving us 30 clear days’ notice. Payment will be due until the expiry of the notice

period.

6.7. We may change the nature or provision of the Services at any time. We may tell

you about any such change by email or by posting details on Our Website.

6.8. If we change the nature or provision of the Services, you may terminate this

contract.

6.9. If a change we make in the provision of the Services, involves action on your

part, and you do not take that action, we are entitled to terminate the Services to you

without notice.

6.10. You may not share or allow others to use the Services in your name.

6.11. We will do our best to maintain Our Website so that you have constant use, but

there will be times when your use may be interrupted. Interruption to the Services for

reasonable periods for maintenance or causes beyond our control is not a ground for

repayment of money you have paid. When we are aware of the likelihood of down

time, we will tell you in advance.

7. Refund Policy

7.1. We do not offer refunds if you change your mind about using our Services. Most

online products and Services are digitally delivered instantly so you have the full

benefit of our Services straight away.

7.2. We reserve the right to refuse service jobs in which case we will promptly refund

your payment within one working day.

8. Cancellation of order

8.1. Most products and Services are digitally delivered instantly so we do not offer

refunds if you change your mind about using our Services.

8.2. Recurring transactions can be cancelled at any time by submitting a request

to masonperi@gmail.com or directly via PayPal (if a PayPal transaction).

8.3. Service jobs can be cancelled before we commence work. If you wish to cancel

a service job after we have commenced work you will be charged a reasonable fee

for the work completed up until the notice of cancellation, plus an administration fee

of €100.

8.4. This paragraph does not affect your rights if you have a genuine and valid

complaint about the way we have provided the Services to you.

9. Dissatisfaction with the Services

9.1. If for any reason you are not completely happy with your purchase, contact us

immediately and tell us:

9.1.1. exactly why you think we have failed.

9.1.2. the date, if relevant, of the failure.

9.1.3. when and how you discovered the failure.

9.1.4. the result of the failure.

9.1.5. your suggestion as to action we should take to resolve the situation and

restore your faith in us.

9.2. To do this, it is essential that you contact us by contacting us

at masonperi@gmail.com

10. Applicable Law, foreign taxes, duties, and import restrictions

10.1. This Agreement is governed by the laws of USA, and you consent to the

exclusive jurisdiction and venue of appropriate courts of USA in any dispute arising

out of or relating to the use of Our Website or Services. You may provide notice to us

of dispute by issuing a Ticket via Our Website or otherwise by email addressed to

the Directors and sent to masonperi@gmail.com

We may provide notice to you via email or other electronic means.

10.2. This agreement will not be governed by the United Nations Convention on

Contracts for the International Sale of Goods, the application of which is hereby

expressly excluded.

10.3. If you are not in USA, we have no knowledge of, and no responsibility for, the

laws in your country. If you are resident in a jurisdiction where the use of Our

Website is unauthorized, it is your responsibility to cease using this website.

10.4. If any of these terms is at any time held by any jurisdiction to be void, invalid or

unenforceable, then it shall be treated as changed or reduced, only to the extent

minimally necessary to bring it within the laws of that jurisdiction and to prevent it

from being void and it shall be binding in that changed or reduced form. Subject to

that, each provision shall be interpreted as severable and shall not in any way affect

any other of these terms.

10.5. You are responsible for purchasing Services which you are lawfully able to

import or use and for the payment of import duties and taxes of any kind levied in

your country.

11. Disclaimers

11.1. We or our Content suppliers may make improvements or changes to Our

Website, the Content, or to any of the Services, at any time and without advance

notice.

11.2. You are advised that Content may include technical inaccuracies or

typographical errors. This is inevitable in any large web-based business. We would

be grateful if you bring to our immediate attention, any that you find.

11.3. We give no warranty and make no representation, express or implied, as to:

11.3.1. the adequacy or appropriateness of the Services for your purpose.

11.3.2. the truth of any Content on Our Website published by someone other than us.

11.3.3. any implied warranty or condition as to merchantability or fitness of the

Services for a purpose other than that for which the Services are commonly used.

11.3.4. compatibility of Our Website with your equipment, software, or

telecommunications connection.

11.4. Our website contains links to other Internet websites outside our power and

control. You acknowledge and agree that we shall not be liable in any way for the

Content of any such linked website, nor for any loss or damage arising from your use

of any such website.

11.5. In any event, including the event that any term or condition or obligation on our

part (Implied Term) is implied into these conditions by law, then our liability is limited

to the maximum extent permitted by law, to the value of the products or Services you

have purchased, even if those products or Services were provided to you without

cost.

11.6. Where we provide products or Services without specific charge to you, then it

(or they) is deemed to be provided free of charge, and not to be associated with any

other product or Service for which a charge is made.

11.7. We assume no liability for consequential loss suffered by you because of the

use of Our Website or Services.

12. Indemnity

You agree to indemnify us against any claim or demand, including reasonable legal

fees, made by any third party due to or arising in any way out of your use of Our

Website, you’re posting any Material, or the infringement by you, or by any other

person using your computer, of any intellectual property or other right of any person.

13. System Security

13.1. You agree that you will not and will not allow any other person to violate or

attempt to violate any aspect of the security of Our Website.

13.2. You may not use any software tool for the purpose of extracting data from our

website.

13.3. You understand that any violation of the obligations described in this clause is

unlawful in many jurisdictions and that any contravention of law may result in criminal

prosecution.

14. Acceptable use Policy

As a condition of your use of Our Website, you agree to comply with these

provisions:

14.1. You will not use or allow anyone else to use Our Website to post, communicate

or otherwise publish:

14.1.1. copyright works.

14.1.2. commercial audio, video, or music files.

14.1.3. any Material which violates the law of any established jurisdiction.

14.1.4. unlicensed software.

14.1.5. software which assists in or promotes emulators, phishing, hacking,

password cracking, IP spoofing.

14.1.6. links to any of the material specified in this paragraph.

14.1.7. pornographic Material.

14.1.8. any Material promoting discrimination or animosity to any person on grounds

of gender, race, religion, or colour.

14.2. You will not use the Services for spamming. Spamming includes, but is not

limited to:

14.2.1. The bulk sending of unsolicited messages, or the sending of unsolicited

emails which provoke complaints from recipients.

14.2.2. The sending of junk mail.

14.2.3. The use of distribution lists that include people who have not given specific

permission to be included in such distribution process.

14.2.4. Excessive and repeated posting off-topic messages to newsgroups.

14.2.5. Excessive and repeated cross-posting.

14.2.6. Email harassment of another Internet user, including but not limited to,

transmitting any threatening, libellous or obscene Material, or Material of any nature

which could be deemed to be offensive.

14.2.7. The emailing of age-inappropriate communications or content to anyone

under the age of 18.

14.2.8. The sending of material that promotes or in any way supports an illegal

activity.

15. Confidential Information and Intellectual Property Rights

15.1. You agree to keep safe the Confidential Information remains our property and

not to disclose or make available for disclosure to any person, any part of it. If you

are unsure whether information is confidential or not, assume it remains confidential

until otherwise notified. The obligation to maintain confidentiality continues after you

have stopped using Our Website or Services.

15.2. Any disclosure of Confidential Information may result in immediate termination

of your access to Our Website or Services and prosecution for damages resulting

from that breach.

15.3. We will defend the intellectual property rights in connection with Our Website

and Services including copyright in the Content and Material whether provided by us

or by any other content provider (including copyright in text, graphics, logos, icons,

images, audio clips, digital downloads, data, and software).

15.4. We also claim copyright in the designs and compilation of all Content of Our

Website. Title, ownership rights and usage rights shall remain the sole property of us

and / or the other Content provider. We will strongly protect those rights in all

countries.

15.5. Except as set out below, you may not communicate, copy, modify, publish,

transmit, transfer or sell, reproduce, create derivative works from, distribute, perform,

display, or in any way exploit any of the Content, in whole or in part.

15.6. You may not use our name or logos or trademarks or any other Content on any

website or other medium of yours or that of any other person without our express

written permission.

15.7. You may download or copy Content only for your own personal use, if you

maintain all copyright and other notices contained in it. You may not store

electronically any significant portion of any Content.

15.8. Upon termination or cancellation of the Services we shall return your contacts

data base of prospects and customers to you.

16. Miscellaneous provisions

16.1. When we communicate with you, we do so by email. You agree that email

communications create electronic transactions that are contractually binding in

accordance with applicable law.

16.2. Nothing in this agreement or on Our Website shall confer on any third party any

benefit or obligation.

16.3. No waiver by us, in exercising any right, power or provision in this agreement

shall operate as a waiver of any other right or of that same right at a future time; nor

shall any delay in exercise of any power or right be interpreted as a waiver.

16.4. In the event of a dispute arising out of or in connection with these terms or any

contract between you and us, then you agree to attempt to settle the dispute by

engaging in good faith with us in a process of mediation before commencing

arbitration or litigation.

16.5. We are not liable for any breach of our obligations resulting from causes

beyond our reasonable control including strikes of our own employees.