This website (Site) is operated by Grokkist Limited (NZCN: 8346829) trading as Grokkist (we, our or us). It is available at: https://grokk.ist and may be available through other addresses or channels.
How you consent to these terms of use
If you access and/or use our Site, you are taken to have agreed to these terms of use (Terms). Please read these Terms carefully – if you don’t agree to them, then you must cease using our Site immediately.
When we make changes to these terms of use
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Your licence to use our Site
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Conduct we don’t accept
When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using our Site to defame, harass, threaten, menace or offend any person;
(c) interfering with any user of our Site;
(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
(e) using our Site to send unsolicited electronic messages; or
(f) facilitating or assisting a third party to do any of the above acts.
Competitors are excluded from using our Site
You are prohibited from using our Site, including our Content, in any way that competes with our business.
Accounts
You may register on the Site and create an account with us (Account). It is free to create an Account. You must provide basic information when registering for an Account including your name and email address and you must choose a password.
You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.
You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
Memberships
If you have created an Account, you may sign up to become a member on the Site (Membership). Once you have created an Account and chosen a Membership, you agree to pay the membership fee set out on the Site on either a monthly or an annual basis (Membership Fee) to access certain features on the Site and benefit from your Membership.
Unless your Membership is suspended or terminated in accordance with these Terms, your Membership will roll over on an ongoing basis as set out in your Account, and you will be charged the same Membership Fee each month or year (depending on the option you have chosen) as set out in your Account (Payment Date).
If you wish to cancel, suspend or change your Membership, you must provide notice to us through your Account/via email that you wish to cancel, suspend or vary your Membership at least 24 hours before the next Payment Date. If you vary your membership and the Membership Fee also varies, you will be charged the new Membership Fee on the next Payment Date.
To the extent permitted by law, the Membership Fee is non-refundable and non-cancellable once paid.
We may need to change the Membership (for example, the inclusions and exclusions) and Membership Fee from time to time. If we change your Membership or Membership Fee, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the new Membership Fee to your existing payment details for all future Payment Dates, and your Membership changes will take effect on the same date. If you do not agree with the new Membership or Membership Fee, you may cancel your Membership in accordance with these terms.
Events
You can register to attend an event (Event) through the Site. You do not need to have a Membership to attend an Event. When you register, you will be asked to sign into your Account (if you have one) and/or input basic contact information such as your name, address and payment details. It is your responsibility to keep your details confidential. You are liable for all orders placed using your details.
You must ensure that any personal information you give to us when registering for an Event is accurate and up-to-date. It is your responsibility to check the Event details, including the date, time location and pricing (Price), before you register for an Event through the Site.
When you register for an Event, pay the Price on the Site and your payment has been validated, we will provide you with an Event confirmation email. You can cancel your registration for an Event in accordance with the Event Refund and Cancellation Policy on the Site.
Events may be subject to limits on the number of attendees and registrations will be processed in the order they are received. Registration at an Event is subject to availability. We do not guarantee that you will be able to register for an Event. Our Event Refund and Cancellation Policy will apply if an Event is cancelled.
Payments
You must pay us the Membership Fee and/or the Price for an Event (as applicable) in accordance with this clause.
You must pay the Membership Fee and/or the Price for an Event through our elected secure third-party payment processor. In relation to an Event, only once the Price has been paid in full will you be registered for that Event and receive a confirmation email.
You must not pay, or attempt to pay, the Membership Fee or Price by fraudulent or unlawful means. In the absence of fraud or mistake and subject to our refund and cancellation policy, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Membership Fee and/or Price (as applicable).
If we offer payment via a third party payment processor, the payment may be subject to the processor’s terms and conditions in addition to the terms herein.
Communications
You can subscribe through the Site to receive communications from us. If you create an Account you also grant us the right to add your contact details to our database and to send you editorial content, learning links, information about Events and practical wisdom to you from time to time. You can unsubscribe from our database at any time via the link in an email, or contacting us at [email protected] and we will remove you from any further communications.
Our Site is for your personal use only
We’ve designed our Site for you to use it personally, and not on a commercial basis. You must not use our Site, or any of our Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity.
Privacy
We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on our Site) sets out how we will collect and handle your personal information when you create an Account become a Member, or subscribe through the Site.
Information
Please note that our Content is factual information only, is not comprehensive and is for general information purposes only. Our Content is not advice and you cannot rely on it as such. While we use reasonable attempts to ensure the accuracy and completeness of our Content, we provide our Content in good faith and make no representations or warranties in relation to it, and are not liable for any loss arising from reliance on our Content.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site, all of our Content and any copyright, registered or unregistered designs, patents or trade mark rights and domain names (Our Intellectual Property). Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to Our Intellectual Property. You must not:
(a) copy or use, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with Our Intellectual Property, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.
Third party sites
Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.
What happens if we discontinue our Site
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) our Site will be secure.
You read, use and act on our Site and our Content at your own risk.
Our liability is limited
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of Our Intellectual Property and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date and/or your Account, Membership and/or registration and attendance at any Event.
Indemnity
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Terminating these terms
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Dealing with a problem
If you would like to give us feedback, please contact us – we appreciate your input. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by someone with authority to reach a resolution, meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If a part of these Terms isn’t right
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Which laws govern these terms of use
If you are in New Zealand and a consumer of products or services, you may have certain rights and/or remedies under the Consumer Guarantees Act 1993. When a guarantee under the Consumer Guarantees Act 1993 is breached, you may be entitled to a range of remedies. For the avoidance of doubt, nothing in these Terms is intended to exclude, restrict or modify a consumer’s rights under the Consumer Guarantees Act 1993.
Your use of our Site and these Terms are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand.
Our Site may be accessed throughout New Zealand and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access our Site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
Grokkist Limited (NZCN: 8346829) trading as Grokkist
Email: [email protected]
Last update: 15 June 2022