TERMS AND CONDITIONS
These Terms and Conditions are legally enforceable. Please read all the terms carefully.
Get Ahead Limited provides a range of business coaching programs including the “Growthology Program 12 Weeks with Neil”; the “Growthology Program 1 Year with Neil”; and the “Growthology DIY Kit” (hereinafter referred to as “Growthology Program(s)”). These Growthology Program(s) offer you the opportunity to invest in yourself and your business with our materials, our practice, and access to Neil Sayer’s pre-recorded training sessions.
The following Terms and Conditions govern the Agreement between any Growthology Program(s) student (“You“) and Get Ahead Limited., its successors, assignees, transferees, subsidiaries, parent and associate corporations, affiliates, principals, administrators, directors, officers, board members, agents, employees, contractors, instructors, training coaches and insurers (individually or collectively known as “Get Ahead“), with a registered office at 14 Ngati Maru Highway, Kopu, Thames 3578, Waikato, New Zealand.
You hereby agree to enter into this Agreement as of the date of your purchase (“Effective Date“) of any Growthology Program(s).
By clicking a button or checking a box marked “I agree” (or something similar), You signify that You have read, understood, and agreed to be bound by this Agreement and to the collection and use of your information as set forth in our privacy policy (the “Privacy Policy“); the Terms of Use of the Get Ahead website; and the Cookies Policy (the “Terms“).
You and Get Ahead are each referred to as a “Party” and collectively as the “Parties.”
The term “Growthology Program(s)” used in this Agreement refers to the then-current services, course contents and benefits that Get Ahead may provide to You as part of Growthology Programs. The Growthology Program(s) may include online education and training from Neil Sayer and members or partners of the Get Ahead team; opportunities to meet and learn from Neil Sayer in person, or live or virtual events or webinars; one-on-one coaching engagement online or in person; access to online groups and communities; exclusive bonuses materials, or other opportunities. You acknowledge, agree, and accept that Get Ahead may at any time add, remove, amend, or replace any of the services and benefits made available to You as part of Growthology Program(s), and you agree and accept that such addition, removal, amendment, or replacement will not nullify the legal effect of this Agreement.
You acknowledge, agree, and accept that in addition to this Agreement, Get Ahead may set specific terms and conditions, standard operating policies and procedures, community participation guidelines and program graduation or completion requirements that would govern the delivery of Growthology Program(s). Such terms are incorporated into this Agreement by reference, and you agree to be bound and adhered by such terms and conditions to the extent that you wish to receive the Growthology Program(s).
1. PAYMENT TERMS. You authorize Get Ahead to process the credit card information You have provided to Get Ahead, for the Price agreed by the Parties for Growthology Program(s).
The following payment terms apply:
Program: Growthology DIY Kit
Payment Terms: 100% Price payable with order
Program: Growthology Program 12 Weeks with Neil
Payment Terms: 33% Price payable with order, 33% Price payable week 4, Balance Price payable week 8
Program: Growthology Program 1 Year with Neil
Payment Terms: 25% Price payable with order, 25% Price payable start month 4, 25% Price payable start month 7, 25% Price payable start month 10
Should wire transfer payment method be used for remitting the course fee payments, the transfer must be remitted to Get Ahead within 7 business days from the payable timeframe shown above.
You acknowledge and agree that Growthology Program(s) do not include any travel and accommodation expenses incurred by You.
2. REFUNDS AND CANCELLATION. By accepting this Agreement, You acknowledge that You have thoroughly and carefully considered the cost and the value of joining the Growthology Program(s) prior to making this commitment to invest.
ALL FEES PAID ARE NON-REFUNDABLE, unless Get Ahead agree to a refund as provided for below.
You may request a refund via email to [email protected] for the Growthology Program 12 Weeks with Neil or the Growthology Program 1 Year with Neil” within 30 days from the date of your PURCHASE.
Get Ahead shall have sole discretion as to whether to accept a request for refund monies.
In considering a request for refund of monies, Get Ahead will consider whether You have done everything that you have asked to do within the said 30 days, and if You honestly feel that you have given the Growthology Program(s) content and training process 100% effort as required.
If Get Ahead accept that You are eligible for a refund, Get Ahead will refund the amounts received from You and release You from the remainder future unbilled payment obligations.
You may cancel the Growthology Program 12 Weeks with Neil or the Growthology Program 1 Year with Neil” subject to 30 days advance notice by email for the former and and 3 months advance notice by email for the latter; PROVIDING ALWAYS that Get Ahead is paid for the aforesaid cancellation periods of 30 days and 3 months respectively.
You agree and acknowledge that requesting a refund or cancellation of Your Growthology Program(s) will waive eligibility to enrol in any programs from Get Ahead in the future.
ALL “Refund” and “Cancellation” requests or notifications are to be submitted in writing via email to [email protected].
You agree that the payment plan is not a subscription, and that You may not terminate or modify the payment plan at will.
NO REFUND will be available for services provided under Growthology Program(s) after 30 days from date of purchase of said Growthology Program(s).
NO REFUND will be available for any missed or unused Coaching Sessions, including Q&A sessions.
In the event of default or delinquent payment, Get Ahead has the right to terminate Your Growthology Program(s) without notice and without liability to You. See Section 5 regarding Termination for more details.
NO REFUND OR CANCELLATION provisions shall apply to the Growthology DIY Kit.
3. COACHING SESSIONS OBLIGATION. If Your Growthology Program(s) includes Coaching Sessions or Q&A sessions, You acknowledge, agree, and accept the following obligations:
• It is Your responsibility to maintain contact with Get Ahead and schedule Your Coaching or Q&A Sessions.
• It is Your responsibility to attend Your Coaching or Q&A sessions on time and act with respect and professionalism.
• It is Your responsibility to have thoroughly worked on course assignments and have read all material and listened to accompanying videos to optimize Your learning and Your successful completion of the Growthology Program(s).
• Under no circumstance is Get Ahead obligated to provide any make-up Coaching or Q&A Session(s) if You missed any appointment(s).
• Rescheduling of Your coaching or Q&A Sessions is allowed with reasonable advance notice to Get Ahead. You should be mindful to exert respect of the time commitment by Get Ahead and Yourself to get maximum results.
• Skipping or not following your Program module sequence will impair your ability to absorb the Growthology Program(s) materials and your learning progress. Therefore, each session that requires rescheduling should be no more than 7 days from Your initial scheduled date, unless agreed by Get Ahead in writing. Get Ahead has no obligation to honour a request to reschedule of Your coaching or Q&A session(s) beyond the 7 days’ timeline.
• The Growthology Program(s) completion will typically require 12 weeks or 1 year of Your commitment to produce optimal benefits under the Growthology Program 12 Weeks with Neil or Growthology Program 1 Year with Neil, respectively. Your commitment must not be underestimated.
4. NO INCOME CLAIMS. You agree that Get Ahead made no promise, warranty, guarantee, or any other representation with respect to Your future employment opportunity, income or gains resulting from the provision of Growthology Program(s) and that You have not been induced to enter the Agreement because of any income claims.
5. TERMINATION. Get Ahead reserves the right to, at its sole discretion, without notice and without liability by Get Ahead to You to terminate Your Growthology Program(s) registration; Your access to Neil or any other members of Get Ahead for provision of services or otherwise; Your access to any applicable community or other students’ social media platform, and course materials with no refund, on any of the following grounds: (a) if You violate the Terms of this Agreement; (b) if You fail to pay any of Your payments when due; (c) if You cease to be a member in good standing of any other program offered by Get Ahead; (d) material violation by You of applicable laws; provided that where such violation is of such a nature that it can be cured, such violation shall not constitute cause if it is cured within ten (10) days of You becoming aware of its occurrence; and (e) if You are in breach of Confidentiality or code of Conduct, which in the opinion of Get Ahead, is detrimental or embarrassing to Get Ahead. This Agreement shall terminate upon death of the Growthology Program(s) Registrant. Upon the termination of this Agreement, all rights, and obligations under this Agreement (except those in Section 6,7,8,10,11,12,13,14,16,and 17 or which otherwise survive under the terms of this Agreement) shall terminate.
6. CONFIDENTIALITY. During the delivery of Growthology Program(s), You may have had or shall have access to information and materials (in whatever form and howsoever communicated) that are confidential or proprietary to Get Ahead or its subsidiaries and affiliates of the Program (together, the “Confidential Information”). Confidential Information includes the provisions of this Agreement and the information relating to Get Ahead Growthology Program(s) contents, course materials, call recordings from the coaching or Q&A sessions, product designs and specifications, data, commissions and pricing policies, sales records, business and marketing development plans, other education and Program materials, contact information of other students, customer lists, names of joint venture partners, personal information regarding directors, officers, employees, contractors, instructors, training coaches or consultants, or other work produced or developed by or for the Get Ahead. However, “Confidential Information” excludes information and materials which You can demonstrate by written record: (i) were known by You prior to Get Ahead’s disclosure; (ii) properly came into your possession from a third party who was not under any obligation to Get Ahead to maintain the confidentiality; (iii) had become generally available to the public; or (iv) was developed by You without the use of the Confidential Information. The provision of this Section 6 shall survive any termination of this Agreement and shall continue in full force and effect for three years thereafter.
7. INTELLECTUAL PROPERTY. Get Ahead retains all rights, title, and interest in any and all intellectual property related to or associated with the Growthology Program(s). This includes without limitation to: (a) trademarks and copyrights; (b) any other proprietary right arising under the laws of New Zealand or other countries if applicable; and (c) Coaching or Q&A call recordings between You and Get Ahead. You understand and agree that neither the Agreement nor the provision of Growthology Program(s) by Get Ahead shall constitute a transfer, assignment, or license of any intellectual property rights from or by Get Ahed. You acknowledge the content of the Growthology Program(s) services including without limitation the materials and information provided to You as education, is confidential and proprietary to Get Ahead. You agree that You shall not communicate or make available the teachings, materials or information acquired or learned from Get Ahead to any other person or organisation, without prior agreement in writing from Get Ahead. Violation will result in the immediate removal from the Growthology Program(s). You accept and agree that Get Ahead has full rights to review Your coaching and Q&A call recordings for training and quality assurance purposes; and to use and publish the recordings for marketing, promotion, and Get Ahead’s current and future course materials purposes. In any said use, Get Ahead will not make public any material that is clearly of a sensitive commercial nature.
8. NON-DISPARAGEMENT. Each Party hereto covenants and agrees that, during the Term and after the termination of this Agreement for any reason whatsoever, it shall not directly or indirectly, and shall use reasonable efforts to ensure that its shareholders, directors, officers, and key employees, agents, attorneys, subsidiaries, affiliates, successors, instructors, training coaches and assigns, as applicable, do not: (a) say, publish, or otherwise transmit any statements, whether oral or written, to any other party whomsoever that may be intended to or that may have the effect of defaming the other party hereto or be of defamatory nature, or that may disparage, call into disrepute, libel, slander or cause injurious falsehood to the other party hereto; or (b) engage in any conduct or pattern of conduct that involves the making or publishing of written or oral statements or remarks, including, without limitation, the repetition or distribution of rumours, allegations, reports or comments, which are disparaging, deleterious or damaging to the integrity, reputation, business or goodwill of the other party hereto.
9. CONTACTS. By accepting the Agreement and providing Your credit card information, You agree that Get Ahead may call, email, and text message You regarding Your account information and regarding other offers, products, and services.
10. INDEMNITY. You hereby agree to protect, defend, indemnify, and hold harmless Get Ahead its officers, directors, employees, their invitees, shareholders representatives, agents, instructors, and training coaches (in this Section 10, each, an “Indemnified Party” and collectively, the “Indemnified Parties”) from and against any and all losses, claims, damages, liabilities, actions demands and expenses (including any and all legal fees and other expenses incurred in investigating or defending against any claim, action, lawsuit, demand, administrative proceeding or investigation, whether commenced or threatened) (collectively, the “Losses”) to which an Indemnified Party may become subject in so far as such Losses arise out of Your receipt for Growthology Program(s), action taken in response thereto, or are based upon any breach of a representation, warranty, covenant or your obligation contained in this Agreement; provided that such indemnity shall not be available to an Indemnified Party in respect of Losses resulting from the Indemnified Party’s fraud, wilful misconduct or gross negligence. The provisions of this Section 10 shall survive any termination of this Agreement and shall continue in full force and effect for (3) years thereafter. In addition, Your indemnity obligation includes but is not limited to any claim for personal injury sustained while traveling to or attending any in-person seminar or other training provided by Get Ahead to You.
11. WARRANTIES AND LIMITATION OF LIABILITY.
Get Ahead takes reasonable efforts to provide Growthology Program(s) content that is comprehensive, current, and accurate. However, it is expressly agreed by both Parties that Get Ahead does not guarantee any performance results resulting from You embarking on any Growthology Program(s).
Except for your statutory rights:
All content in Growthology Program(s) in whatever nature or form is provided to You without warranties of any kind, either express or implied.
Get Ahead expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
YOU AGREE THAT IN NO EVENT SHALL GET AHEAD’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT PAID BY YOU TO GET AHEAD AS PER COURSE FEES GIVING RISE TO ANY CLAIM BY YOU, YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
12. FORCE MAJEURE. Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement neither Party shall be responsible to the other for any delay, damage or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: Any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strike, piracy, civil war or hostile action, labour strikes, acts of public enemies, national or regional laws, rules and regulations of any governmental authorities having jurisdiction, inability to procure material, equipment or necessary labour in the open market, acute and unusual labour, material or equipment shortages, or any other causes (except financial) beyond the reasonable control of either Party.
13. ARBITRATION. Any claim or grievance of any kind, nature, or description that You have against Get Ahead shall be resolved exclusively in final and binding arbitration before a single arbitrator agreed upon by both Parties within a reasonable timeframe. Arbitration shall be held in Auckland, New Zealand. You agree not to file suit against Get Ahead, any of its successors, assignees, transferees, subsidiaries, parent and associate corporations, affiliates, principals, administrators, officers, directors, board members, agents, employees, contractors, instructors, and training coaches. The dispute will be subject to the rules of arbitration as determined by the Arbitrator. The decision of the Arbitrator will be final and binding on the Parties and may be reduced to a judgment in any court of competent jurisdiction. You agree that each Party shall bear its own costs and attorneys’ fees in any arbitration or litigation. This agreement to arbitrate survives any termination or expiration of the Agreement. Nothing in these Terms and Conditions prevents Get Ahead from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction or other reflect available to protect Get Ahead’s interest prior to, during, or following the filing or any arbitration or other proceeding. Any claim must be brought in arbitration within one (1) year from when the claim arises.
14. WAIVER OF CLASS ACTION. You understand and agree that You will waive the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. Claims brought against Get Ahead may not be joined or consolidated with claims brought by anyone else.
15. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of New Zealand without regard to any choice of law provisions.
16. SEVERANCE. In the event any provision of the Agreement of these Terms and Conditions is inconsistent with or contrary to any applicable law, rule or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule or regulation, and this Agreement and these Terms and Conditions, as so modified, shall continue to be in full force and effect.
17. NO ASSIGNMENT. Your Growthology Program(s) is a one-to-one registration, and is non-transferable and non-sharable unless otherwise agreed in writing by Get Ahead.The Agreement cannot be assigned by You to another Party.
18. AMENDMENTS. Get Ahead reserves the right to make reasonable amendments to this Agreement, including the Growthology Program(s) benefits, at any time without your prior consent. Any amendment to this Agreement or the Growthology Program(s) benefits, from time to time, shall be effective as of the earlier of the date of posting of the amendment on Get Ahead’s website getaheadcoaching.pro or upon the delivery of actual notice to you.
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