Terms of Service

TERMS OF SERVICE Last updated: May 2019

These terms of service (“Terms of Service”) form a legal agreement between you and Wealth Mentor Ltd, trading as Wealth Mentor (“Wealth Mentor”, “we”, “us” or “our”) that sets out our, and your, rights and obligations in relation to services owned or operated by Wealth Mentor including (a) the Learning Portal available at www.portal.wealthmentor.co.nz or www.wealthmentor.co.nz (“Learning Portal”); (b) Events & Education (“Education”); and (c) any other information or services provided and/or made available to you by Wealth Mentor (together our “Services”). In these Terms or Service, “you” or “your” refers the person accessing and/or using our Services. Please read these Terms of Service carefully before accessing or using our Services. By accessing and/or using our Services, you agree that you will be bound by these Terms of Service.

General Conditions

Our Services provide you with information about property investment. By providing you with information about property investment, we are not providing you with any financial advice, recommendation or opinion. If you need financial advice, you should contact a financial adviser. You bear sole responsibility for the use and implementation of these Services. You agree to indemnify and hold harmless Wealth Mentor , its parent entities, subsidiary entities and the Trainers, Mentors and/or Crew who provides you with Education (“Educator”) from and against any loss, cost or expense resulting from your activities related to the Services, including any Event or Mentorship, or any breach of these Terms of Service, any applicable laws or the intellectual property rights of any person. You acknowledge and agree that: (a) the extent of your participation in the Learning Portal and the Mentorship will dictate the value you receive from our Services; and (b) you are solely responsible for the extent of your participation. We grant you a non-exclusive and non-transferable personal right to access and use our Services including any materials you receive through our Services for your own personal and non-commercial use only. You must not reproduce, adapt, duplicate, copy, distribute, display, sell, resell or exploit any portion these materials without express written permission by us. To the extent permitted by law, we do not warrant that the materials received via our Services will meet your expectations, or that any errors in the Services will be corrected. We can at any time discontinue, add to, or revise any or all aspects of the Services in our sole discretion. You may stop using the Services and/or terminate your Account at any time by sending us an email at office(at)wealthmentor.co.nz. We can suspend or terminate your access to the Services (or any part of them) at any time. Where appropriate, we will give notice to you. However, there may be circumstances where we will suspend or terminate your access to the Services without prior notice to you. We will not be responsible for any loss you may suffer as a result of the suspension or termination of your access to the Services for any reason. This includes mentorship dates and mentor, which are subject to change.

Errors, Inaccuracy, Omission

We will use reasonable efforts to ensure the accuracy of the information or materials provided on or made available via our Services. On occasion there may be materials provided on or made available via our Services which contain typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information. We undertake no obligation to update, amend or clarify information found in the materials provided on or made available via our Services except as required by law.

Learning Portal Account

Wealth Mentor will provide you with a link, in order to create an online profile with login details to access the Learning Portal (“Account”). We may request further Account information from you or request that you update your Account information. You are responsible for providing accurate, current and complete Account information. As an Account holder, you agree that: (a) you are solely responsible for anything that happens through your Account unless you close it; (b) you will always take all reasonable care to prevent, any unauthorised use of, or access to, your Account; (c) you will keep your login details (including your password) strictly confidential; (d) you will use your Account for your own personal use and will not provide access to your Account to others; and (e) if you believe, or discover that, there is any unauthorised use of your login details or password, you will notify us immediately. You may stop using the Learning Portal and/or terminate the Account by sending us an email at office(at)wealthmentor.co.nz. We will provide the Learning Portal with reasonable care and skill. However, we do not represent or warrant that the Learning Portal or any part of it will: (a) operate on a continuous or fault-free basis or at any particular time or location; (b) be secure or private; (c) be accurate, complete or current at all times; or (d) be free of viruses or other harmful features. We will reasonably endeavour to provide you with uninterrupted access to the Learning Portal, subject to any necessary downtime required for system maintenance, repairs and updating, or loss of access resulting from matters beyond our control. The Learning Portal may contain links to internet websites maintained or owned by third parties. We do not endorse or approve of the content or material on those other websites and are not responsible for any content or material on those other websites. We can at any time make changes to the Learning Portal (including adding and removing the functionality, type, format, digital content, means of accessing, or operating system specifications for the Learning Portal), without prior notice to you.

Privacy and Security

Wealth Mentor will collect personal information including but not limited to, name, contact details, interaction with Wealth Mentor. This information will be used to provide insight regarding requirements for your mentorship. This information is also shared with Mentors, financial institutions, accountants, mortgage brokers & property finders in order to allow them to act effectively and efficiently on your behalf. In most instances, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide. In order to protect this personal information, we take reasonable precautions and follow industry best practices to ensure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed in any way. You have the right to ask for a copy of any personal information we hold about you, and to ask for this to be corrected if you think it is incorrect. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at office(at)wealthmentor.co.nz. We may also use your personal information to provide you with information about our other products or services and/or the products and services of third parties. You consent to receive such information and general communications from Wealth Mentor electronically.

Intellectual Property

All intellectual property in the Services, including the Learning Portal, including copyright, belong to us and/or our licensors. You do not have any intellectual property rights in the Services, or any improvements or variations that are made to them as a result of any material you provide us. Nothing in these Terms of Service or Services will give you, implicitly or explicitly, any right to use our trade marks without our prior written permission.

Third Party Suppliers

As part of the Services, you will be introduced to and given details of third-party suppliers and/or professionals that comprise the “Power Team” (together the “Suppliers”). Wealth Mentor is not liable for advice given by Suppliers, and for any harm or damages related to the use of goods, services, resources, content, or any other transactions made in connection with any Suppliers. Please review carefully any Supplier’s policies and practices and ensure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Supplier products or services should be directed to the Supplier. Any use by you of optional Supplier’s services offered through Wealth Mentor is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such services are provided by the relevant Supplier. You understand where you engage or enter into a transaction with a Supplier, you are engaging or transacting directly with that Supplier and not with Wealth Mentor. Certain content, products and services available via our Services may include materials from third- parties. To the extent permitted by law, 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 for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Prohibited Use

In addition to any other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services or any materials received via our Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false, offensive or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; (l) copy, reproduce, alter, modify, sell, resell or display in public, any content or data from our Services; or (m) access our Services to build a product or service which is the same as or similar to our Services, or otherwise competes with our Services. We reserve the right to suspend or terminate your access to or use of the Services or any related website for violating any of the prohibited uses.

Liability

To the extent permitted by law, our Services and the materials delivered or made available to you through the Services are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. To the extent permitted by law, in no case shall Wealth Mentor, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or damages, whether direct, indirect, incidental, punitive, special, or consequential, 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 or in connection with your use of any of the Services. In any event, to the extent we are permitted to limit our liability, our total liability, to you will be limited to $100. You acknowledge that we are (except as expressly stated by us or to the extent permitted by law) exempt from any warranty liability or coverage arising from the performance of any of the information, tools or materials provided to you as part of our Services. We note that there are clear variables in situations, applications, details, behaviour of the market etc which are not the liability or under the control of Wealth Mentor or any related third party. You accept that this high level of variability means that any specific tool is for information purposes only, limited in value and passed on to you as an aid solely for the purpose of assisting you in making your own decisions about the market as you see it. You must not use, or rely in any way on, the information or tools provided to you as part of our Services in a way which could make Wealth Mentor liable to you or any third party. You accept liability to us for your breach of these Terms of Service, violation of any applicable laws, or negligence, but you will not be liable for any loss to the extent it is caused by us. Your liability is limited to $100 in any twelve (12) month period. This limitation does not apply to your obligations to pay any outstanding rescheduling/rebooking fees or for any loss or damage caused by fraud, wilful breach of these Terms of Service, breach of any intellectual property rights or breach of any applicable law.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us or in respect of our Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any 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 of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service. Unless otherwise stated, amendments to these terms will be effective when we notify you of the changes via email or post the changes on the Learning Portal. You agree that your continued use of the Services represents your agreement to be bound by the amended terms. These Terms of Service and the Services are governed by New Zealand law and the Courts of New Zealand have exclusive jurisdiction in respect of any matter concerning the use of our Services. We note that the benefits of our Services are extended to you, as the purchaser, only. You may not transfer or otherwise assign your attendance or any connected rights under these Terms of Service without the written prior agreement of Wealth Mentors.