Terms & Conditions
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.
The information contained in this website is for general information purposes only and is provided by Trilby Johnson trading as Breakthrough Savvy Ltd, www.breakthroughsavvy.com (“Breakthrough Savvy Ltd“) . While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you may be able to link to other websites which are not under the control of Breakthrough Savvy Ltd. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Breakthrough Savvy Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
This website and its contents are the copyright of Trilby Johnson, Breakthrough Savvy Ltd – © 2015. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only.
You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time.
Please check these terms regularly prior to using our website to ensure you are aware of any changes.
We will endeavour to highlight any significant or substantive changes to you where possible.
If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.breakthroughsavvy.com’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Breakthrough Savvy Ltd is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website.
This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of the New Zealand Consumer Law, www.breakthroughsavvy.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Digital goods are delivered upon the date specified in the agreement. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
You will have 14 days from the date of purchasing the Embodying Self-Love Transformation programme to apply for a refund.
In any case, all refunds are made at the discretion of Breakthrough Savvy Ltd and our unilateral decision is final.
After 14 days you are liable for the full payment of the programme.
Refunds will under no circumstances be granted in the case of:
(a) change of mind for any reason what so ever including change of business direction, cessation of business or your own lack of due diligence in making sure the program is a good fit for you
(b) if you have not completed 100% of the program available to you in your portal before seeking a refund or you do not provide any evidence of genuine attempts to apply the program
(c) if we suspect and have proof that you are stealing intellectual property (in which case no refund will be issued, we will immediately terminate your agreement, remove your access and we will act in accordance with the ‘Intellectual Property’ clause of this agreement).
All intellectual property rights in relation to this website, materials and everything within our programs (written, audio or video) are owned by Trilby Johnson and Breakthrough Savvy Ltd.
No materials may be reproduced or used for any purpose other than personal private use. At no time may it be reproduced and provided to third parties.
We reserve the right to immediately terminate your access to any of our programs if you breach this term.
If it comes to our attention that you have breached this term and used any of our intellectual property contrary to these provisions we reserve the right to remove you from all current programs and deny access to any future programs. You will still be liable for all outstanding sums in relation to any enrollment fee.
In addition, we reserve the right to seek the full extent of legal remedies available to us, including consequential loss (including but not limited to legal fees incurred to enforce our rights.)
You shall not, at any time during the term of your contract and thereafter, make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, or take any action which may, directly or indirectly, disparage Breakthrough Savvy Ltd or any of its affiliates or their respective officers, directors, employees, advisors, businesses or reputations.
To the fullest extent permitted by law, Breakthrough Savvy Ltd absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.breakthroughsavvy.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Breakthrough Savvy Ltd to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Breakthrough Savvy Ltds’ secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information.
We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally.
In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
Breakthrough Savvy Ltd may be required, in certain circumstances, to disclose information in good faith and where www.breakthroughsavvy.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
PAYMENT AND DELIVERY
In the event of any late, overdue or unpaid invoice amounts, they will incur interest at a rate determined in accordance with the Penalty Interest Rates Act 1983.
In the event that you fail to pay any invoices, fail to make any payments in accordance with the terms of the Agreement or does not perform its obligations under this Agreement, we reserve the right to immediately remove your access to the purchased programs until full payment has been made and may terminate this Agreement immediately without further notice. We may also commence proceedings to collect any outstanding debts owed.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Breakthrough Savvy Ltd. Breakthrough Savvy Ltd expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Breakthrough Savvy Ltd will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Breakthrough Savvy Ltd reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website and all our online courses and programs contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Breakthrough Savvy Ltdexpressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and Breakthrough Savvy Ltd concerning your use and access to Breakthrough Savvy Ltd’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
By using our services, you agree that www.breakthroughsavvy.com is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold www.breakthroughsavvy.com liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Breakthrough Savvy Ltd or any course downloaded or purchased through us.
All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, medical, financial or legal advice.
Results are not guaranteed. We make NO GUARANTEES about any success that you’ll get from Breakthrough Savvy Ltd or our courses or programs. Breakthrough Savvy Ltd takes no responsibility for your actions, choices or decisions.
This agreement and this website are subject to the laws of New Zealand. If there is a dispute between you and Breakthrough Savvy Ltd that results in litigation then you must submit to the jurisdiction of the courts of New Zealand.