Terms and Conditions
Effective date: 14 September 2023
1.1. These Terms and Conditions ("Terms" or "Terms and Conditions") apply to your relationship with the online platform at Concinnity, (including, but not limited to, e-mails, live sessions, messaging, worksheets, workbooks, video courses and the sections of our online Professional Development Services) through which self-therapy may be supported (the "Platform"), operated by Concinnity Ltd (the "Company"). The Terms and Conditions also contain provisions regarding your access and use of the Platform.
1.2. The Terms apply to all visitors, users, and others who access or use the Platform.
1.3. The terms “you", "your,” and “yourself” refer to the individual user of the Platform (as defined below).
1.4. Please read the Terms and Conditions carefully before using the Platform. Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Platform, you agree to be bound by the Terms and Conditions. You cannot use the Platform if you disagree with any part of the Terms and Conditions.
1.5. You confirm that you are (i) over the age of 18, (ii) physically located or are a resident of the state or the Country you have chosen as your current residency when creating your account, (iii) legally able to consent to engage in professional development, and (iv) legally able to enter into an agreement.
2.0 The Platform
2.1. The Platform and any information text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Platform is available at the Company’s website.
2.2. The Platform shall connect you with Professional Development Services and Training.
2.3. Other than the training materials you receive directly from Concinnity, the other educational graphics, research sources (such as the sections in our online community), and other incidental information on the Platform should not be considered therapeutic tools, unless you are qualified to use them.
2.4. The Platform shall be provided "as is" without any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. To the fullest extent permissible pursuant to applicable law, the Company expressly disclaims all warranties of any kind, whether expressed or implied.
2.5. At any time and for any reason, or for no reason at all the Company may, with or without prior notice, modify, suspend, disrupt or discontinue (i) the Platform, (ii) any part of the Platform, or (iii) the use of or access to the Platform, whether to all users or to you specifically. Further, the Company is entitled, but is not obligated to, refuse to provide access to the Platform to any person, agency or organisation at any time, for any reason or for no reason at all, in its sole discretion. The Company reserves the right to without prior notice change, suspend, or discontinue all or part of the Platform, temporarily or permanently. The Company will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
2.6. The Company will make commercially reasonable efforts to ensure the Platform’s reliability and accessibility. However, no platform can be 100% reliable and accessible and the Company does not warrant that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times, or that any eventual defects will be corrected.
2.7. The Company has evidence-based interventions to offer the best digital tools to use the Platform. In view of the foregoing, you are always advised to exercise a high level of care and caution in the use of the Platform as you would making any training or professional development decision.
2.8. The Platform can contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements related to Third Party Content. The Company is not liable (or responsible) for the creation of any such Third Party Content, including but not limited to any related products, practices, terms or policies. Further, the Company will not be liable for any damage or loss caused by any Third Party Content.
2.9. You shall be solely and fully responsible for any damage to the Platform or any computer system, any loss of data, or any improper use or disclosure of information on the service caused by you or any person using your username or password. The Company cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet, or for your misuse of any protected health information, advice, ideas, information, instructions or guidelines accessed through the Platform.
3.0 Your Account
3.1. In order to use the Platform, you must sign up and establish an individual user account, which includes providing specific information. When establishing your account, you must also provide your personal contact information, including a phone number.
3.2. You undertake not to create more than one account, or an account for anyone other than yourself without prior permission from the other person. Further, you undertake not to use the account of any other person for any reason.
3.3. You are always responsible for maintaining the confidentiality of your account password and username (if any) and any other security information related to your account. In the event of any unauthorised use of your account or any other concern for breach of your account security, you undertake to immediately notify the Company. The Company will not be liable for any loss or damage that you incur as a result of someone else accessing using your account, either with or without your knowledge. You are recommended to frequently change and take extra care to protect your password.
3.4. You are solely and fully liable and responsible for all activities performed using your account. The Company will hold you liable and responsible for any damage or loss incurred as a result of the use of your account by any person whether authorised by you or not, and you agree to indemnify and hold the Company harmless for any such damage or loss.
4.0 Your Use of the Platform
4.1. Your use of the Platform and your reliance upon any of its contents is solely at your risk.
4.2. You are aware that in order to access and use the Platform, you must provide truthful information about your age, residence and phone number. The Professional Development Services you access depend on this certification in order to interact with you and provide the Professional Development Services.
4.3. All information you have provided or will provide in the future, in or through the Platform shall be true, accurate, current and complete. Additionally, you shall during the term of these Terms and Conditions make sure to maintain and update the information to continue to be true, accurate, current and complete.
4.4. You shall not access or use the Platform or the Professional Development Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms.
4.5. You undertake not to post, send, use, store, transmit or deliver either of the following on and through the Platform:
(i) messages or information under a false name;
(ii) unsolicited e-mail and/or advertisement or promotion of goods and services;
(iii) malicious software or code;
(iv) information that is unlawful, libellous, defamatory, fraudulent, predatory of minors, harassing, privacy invading, abusive, threatening or hateful, vulgar, obscene, racist or potentially harmful content;
(v) any content that infringes a third-party right, including intellectual property rights of others or the privacy or publicity rights of others;
(vi) any content that may cause damage to a third party; or
(vii) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
4.6. Further, you shall not attempt to disrupt the operation of the Platform by any method, including through the use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Platform in any way that could damage, disable or impair the Platform. You shall not attempt to obtain unauthorised access to any user accounts, computer systems, or networks through hacking, password mining, or any other means. You shall not use any robot, scraper or other means to access the Platform for any purpose.
4.7. The Company is not obligated to respond to messages posted on the Platform. You are solely responsible for the information or material you post on the Platform.
4.8. In case you provide information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to believe that your account information is untrue, inaccurate, not current or incomplete, the Company reserves the right to and refuse any future request(s) from you to use the Platform.
4.9. Your use of the Platform, including the Professional Development Services, are solely for your own personal use and you shall not use the Platform or the Professional Development Services for or on behalf of any other person or organisation.
4.10. You shall not interfere with or interrupt, or attempt to interfere with or interrupt any of the Company’s or the Platform’s systems, services, servers, networks or infrastructure, including, without limitation obtaining unauthorised access to the aforementioned.
4.11. You shall not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Professional Development Services and the Company.
5.1 Upon purchase of any Concinnity® digital product or membership plan, the purchaser agrees to the following company policies. We reserve the right to change any of our policies at any time. As a website user, you agree to these policies and any future revisions during your membership term. As a company, we will do our best to inform users of any adjustments made. However, it is ultimately the purchaser's responsibility to be aware of and comprehend the following policies.
5.2 Cancellation Policy: Upon purchase of the Concinnity® product, the purchaser agrees to pay the total sum of the product in equal monthly instalments as agreed at the purchase date, billed automatically each month on the same calendar date post-purchase OR as a one-off payment. Concinnity Ltd reserves the right to refuse cancellation of any product.
5.3 One-off purchases are final sales.
5.4 Plan Expiration Policy: Upon expiration of any Concinnity product/subscription, your access will end without contact or action needed from the member. There are no plans set to auto-renew.
5.6 Refund Policy: We do not provide refunds for one-off purchases even if the purchaser did not access their course/training during their access time. If there is an issue with billing, it is the purchaser’s responsibility to alert the company of the error and maintain awareness of transactions posted to their account. Concinnity has the right to refuse a refund even if the transaction was completed in error.
5.7 Option to Freeze Policy: There is no option to pause or freeze any Concinnity product, including pieces of training, memberships & one-off purchases. Billing systems for products and memberships are automated.
5.8 Billing Policy: If you are a Concinnity® member and have a failed payment, the system will attempt again three days later, eight days later, and 15 days later. If your payment fails on the 15th day, your training/membership will be cancelled, and access to the platform will be terminated.
5.9 We cannot reinstate cancelled memberships; the member will be responsible for purchasing again. The member will be subject to the current rate, and previous discount codes or plan rates may not be available. Please note that with the start of a new membership plan, the system will start you at month 1, and Concinnity® cannot adjust what month you are on to account for months completed on previously cancelled membership plans.
6.0 Intellectual Property
6.1. All content available on or through the Platform shall be the property of the Company or its licensors and shall be protected by copyright, trademark, patent, trade secret and other intellectual property law.
6.2. The Platform is subject to various factors such as, but not limited to, software, hardware and tools, either the Company’s or those owned and/or operated by the Company’s contractors and suppliers.
6.3. You undertake not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Platform to any third party. All software and accompanying documentation made available for download through the Platform is the copyrighted work of the Company or its licensors. Any copy made of information obtained through the Platform must include all applicable copyright notices.
6.4. The Platform is protected by copyright, trademark, and other laws of New Zealand and foreign countries. The Company’s trademarks may not be used in connection with any product or service without the prior written consent of the Company. Any kind of abuse will be reported.
7.0 Limitations of Liability
7.1. You will indemnify, defend, and hold the Company harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following:
(i) your access to or use of the Platform;
(ii) your use of the Professional Development Services;
(iii) any actions made with your account whether by you or by someone else;
(iv) your violation of any of the provisions of this Agreement;
(v) non-payment for any of the services (including Professional Development Services) which were provided through the Platform;
(vi) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
7.2. In the event of any problem with the Platform or any of its content, your sole remedy shall be to cease using the Platform. Under no circumstances shall the Company, any of the Company’s suppliers, or any third party who promotes the Platform or provides you with a link to the Platform be liable in any way for your use of the Platform or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content.
7.3. Under no circumstances shall the Company or suppliers of non-medical/ mental healthcare services or any third party who promotes the Platform or provides you with a link to the Platform, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, but not limited to, personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the Platform, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if the Company or any third party have been advised of the possibility of such damages.
7.4. The Company shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.
7.5. The Company’s aggregate liability for damages arising with respect to the Terms and Conditions and any use of the Platform will not exceed the total amount of money paid by you or on your behalf through the platform in the 3 (three) months period prior to the date of the claim.
7.6. You shall release and hold the Company harmless for all causes of actions and claims resulting from the Therapeutic Services or the Platform, such as but not limited to acts, omissions, opinions, responses, advices, suggestions, information and or service of any Therapist and/or any other content or information accessible through the Platform.
7.7. If applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
The Company may notify or in other ways communicate with you regarding the Terms and Conditions or any aspects of the Platform, by posting it online or by e-mail or regular mail to the address you provided when creating your account. The date of receipt shall be the date on which such notice is given. Notices sent to the Company must be sent by email to [email protected].
The Company shall be entitled to freely transfer or assign the Terms and Conditions or any of its obligations hereunder. You shall not be entitled to transfer any of your rights or obligations under the Terms and Conditions, without the prior written consent from the Company.
An omission by the Company or you to exercise its rights and remedies under the Terms and Conditions on any occasion shall not constitute a waiver of such rights and remedies on other occasions.
9.3. Entire Agreement
These Terms and Conditions represents the entire understanding and constitutes the whole agreement between you and the Company.
9.4. Surviving clauses
All clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of these Terms and Conditions.
The Company shall be entitled to change the Terms and Conditions by posting modifications on the website www.concinnity.co. Therefore, you are encouraged to check the Terms and Conditions terms frequently. The last update date of this Agreement is posted at the top of the Terms. Unless otherwise specified, all modifications shall be effective upon posting. By using the Platform after the changes have become effective, you agree to be bound by such changes. Should you not agree to the changes, you must terminate access to the Platform and participation in Professional Development Services.
If any provision of the Terms and Condition is held to be illegal, invalid, unenforceable, in whole or in part, such provision or part thereof shall to that extent be deemed not to form a part of the Terms and Conditions. The validity and enforceability of the remainder of the Terms and Conditions shall, however, not be affected, provided that the remaining terms are reasonably adjusted to redress any imbalance caused by the unenforceability or invalidity of the original provision.
10.0 Governing Law and Disputes
10.1. These Terms and Conditions shall be governed by the substantive law of New Zealand.
10.2. The courts of New Zealand shall have exclusive jurisdiction over any dispute, controversy or claim arising out of or in connection with the Terms and Conditions, or the breach, termination or invalidity thereof.
11.0 Contact us
This Platform is owned and operated by Concinnity Ltd., located at 3 Stella Drive, Clarks Beach, Auckland 2122.
All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to [email protected]