Terms & Conditions

1. Welcome to Gernius

Thank you for choosing to work with Gernius.

At Gernius, we believe extraordinary results begin with awareness, clarity, commitment and action. These Terms & Conditions explain how we will work together, what you can expect from us and what we ask of you.

By booking, purchasing or participating in a Gernius service, programme or event, or by purchasing a product from Gernius, you confirm that you have read and accepted these Terms & Conditions.

2. About These Terms

In these Terms & Conditions:

Gernius, we, us or our means Gernius.

You, your or client means the person, business or organisation purchasing or participating in our services or purchasing products from Gernius.

Services may include coaching, mentoring, business planning, consulting, programmes, workshops, team development, speaking engagements, events, conferences, assessments, online sessions, digital resources and other professional services provided by Gernius.

Products means physical or digital products sold or supplied by Gernius. These may include workbooks, journals, books, cards, stationery, merchandise, conference resources, programme materials, gift vouchers, downloadable resources and other products offered from time to time.

Some services or products may also have a proposal, booking confirmation, programme agreement, participation agreement, product description or additional terms.

Where the specific terms for a service or product differ from these Terms & Conditions, the specific terms will take priority.

3. The Gernius Approach

We believe sustainable change does not come from quick fixes.

It develops through awareness, planning, consistent action, accountability and a willingness to make decisions that support the results you want to create.

Our role is to guide, encourage, challenge and support you. Your role is to make your own decisions and take responsibility for the actions you choose to take.

While we bring our experience, knowledge and commitment to the work we do together, we cannot guarantee a particular personal, professional, financial or business result.

4. What You Can Expect From Us

Gernius will:

• provide our services professionally, respectfully and with reasonable care and skill;
• create a supportive environment where honest conversations can take place;
• arrive prepared and deliver the agreed service to the best of our ability;
• respect the privacy and confidentiality of the information you share;
• communicate with you if circumstances affect the delivery of your service; and
• let you know when we believe specialist professional advice may be required.

5. What We Ask of You

To receive the greatest benefit from working with Gernius, we ask that you:

• attend sessions on time and ready to participate;
• provide accurate and relevant information;
• communicate openly about anything affecting your participation;
• complete agreed actions wherever possible;
• take responsibility for your decisions, actions and results;
• treat Gernius, other participants and everyone involved with courtesy and respect; and
• protect any confidential information shared by others during group programmes, workshops or events.

If you are participating on behalf of a business or organisation, you confirm that you have the authority to engage Gernius and agree to these Terms & Conditions.

6. Bookings, Orders and Acceptance

A booking, registration or product order is confirmed once Gernius has accepted it and any required deposit or payment has been received.

You may accept these Terms & Conditions by:

• booking, registering for or purchasing a service or product;
• accepting a proposal or payment plan;
• paying an invoice or deposit;
• signing a programme or participation agreement;
• confirming your acceptance electronically; or
• beginning or continuing to participate in a service after these Terms & Conditions have been made available to you.

An acknowledgement that we have received an order does not necessarily mean that the order has been accepted.

We may need to confirm product availability, pricing, delivery information or other relevant details before accepting an order.

Places in programmes, workshops and events may be limited and are not secured until the applicable booking requirements have been completed.

7. Fees, Product Prices and Payment

The price, payment schedule and services or products included will be confirmed through our website, proposal, booking confirmation, agreement or invoice.

Unless otherwise agreed in writing:

• invoices must be paid by the due date shown;
• deposits must be paid before a booking is secured;
• product orders must be paid for before they are dispatched or collected;
• payments must be made in New Zealand dollars;
• prices will state whether GST is included; and
• additional work requested outside the agreed scope may incur an additional fee, which will be discussed with you first.

Any delivery charges, transaction fees or other costs relating to a product order will be shown or communicated before the order is confirmed wherever reasonably possible.

We take reasonable care to ensure our prices and product information are accurate. If an obvious pricing or listing error occurs, we may contact you to correct the order or offer you the option of cancelling it for a full refund.

Payment plans may be available for selected services and must be agreed to in writing.

If a payment becomes overdue, Gernius may pause upcoming sessions, resources or services until the account is brought up to date.

Please contact us as soon as possible if you believe there is an error on an invoice or you are experiencing difficulty meeting an agreed payment date.

Reasonable costs incurred in recovering an overdue debt may be added to the amount owing where permitted by law.

8. Cancellations and Rescheduling

We understand that circumstances can change.

For individual coaching, mentoring or consulting appointments, please provide at least 24 hours’ notice if you need to cancel or reschedule.

A session cancelled with less than 24 hours’ notice, or missed without notice, may be treated as used and charged in full unless exceptional circumstances apply.

Where sufficient notice is provided, we will make reasonable efforts to arrange another suitable appointment.

Different cancellation conditions may apply to programmes, workshops, events, conferences, travel arrangements or services involving third-party costs. These will be provided in the relevant booking confirmation or agreement.

If Gernius needs to reschedule a service, we will offer an alternative date or another reasonable arrangement.

Nothing in this section limits any rights you may have under New Zealand law.

9. Programme Timeframes and Unused Sessions

Programmes are designed to be completed within the timeframe stated in your proposal, booking confirmation or programme agreement.

Regular participation supports continuity, accountability and the best possible use of the programme.

If circumstances affect your ability to continue, please speak with us as early as possible. Any extension, pause or change to the programme timeframe must be agreed to by Gernius in writing.

Unless otherwise agreed, unused sessions must be completed within the applicable programme timeframe and do not automatically carry over indefinitely.

10. Refunds for Services

Fees paid for services that have already been delivered are not refundable unless required by law.

Refund requests for services that have not yet been delivered will be considered in light of:

• the applicable cancellation conditions;
• work already completed;
• resources already provided;
• non-refundable costs or commitments incurred by Gernius;
• the terms of any specific programme or event agreement; and
• your rights under New Zealand law.

Where a refund is approved, any amount properly owing for services already delivered or costs already incurred may be deducted before the balance is returned.

11. Online Services

Online sessions will be delivered through the platform agreed between you and Gernius.

You are responsible for:

• having a suitable device and internet connection;
• joining the session at the agreed time;
• choosing a private and appropriate environment wherever reasonably possible; and
• letting us know promptly if technical difficulties arise.

Gernius is not responsible for interruptions caused by your equipment, internet connection or surrounding environment.

Where significant technical issues prevent a session from proceeding, we will discuss a fair and practical alternative.

Online sessions may not be recorded by either party unless everyone involved has agreed beforehand.

12. Coaching and Professional Advice Disclaimer

Gernius provides coaching, mentoring, facilitation and business development support.

Our services are not a substitute for legal, accounting, tax, investment, financial, medical, psychological or other regulated professional advice.

Any information, feedback or suggestions provided by Gernius are intended to support your thinking and decision-making.

You remain responsible for deciding what is appropriate for your personal circumstances, business or organisation.

Where specialist advice is required, we may recommend that you consult an appropriately qualified professional.

13. Confidentiality

Gernius will treat the personal and business information you share as confidential and will not disclose it without your permission, except where:

• disclosure is required or permitted by law;
• we reasonably believe there is a serious risk to someone’s health or safety;
• disclosure is necessary to obtain confidential legal or professional advice;
• you have authorised us to share information with another person; or
• information has been combined or anonymised so that you cannot reasonably be identified.

You also agree to respect the privacy and confidentiality of information shared by other participants during group programmes, workshops, events or conferences.

Confidentiality cannot be guaranteed for information you voluntarily share in an open group setting or public online environment.

14. Privacy

Gernius collects and uses personal information where reasonably necessary to:

• respond to enquiries;
• provide and administer our services;
• process bookings, orders and payments;
• arrange product delivery or collection;
• communicate with you;
• maintain appropriate client and business records;
• meet legal, health and safety or insurance requirements; and
• send marketing communications where you have agreed to receive them or where otherwise permitted by law.

We will take reasonable steps to protect personal information from loss, unauthorised access, misuse or disclosure.

You may request access to or correction of the personal information we hold about you by contacting Gernius.

Further information about how we collect, use and protect personal information may be provided in our Privacy Policy.

15. Intellectual Property

Unless otherwise agreed in writing, all intellectual property created or supplied by Gernius remains the property of Gernius or the relevant owner.

This includes Gernius programmes, assessments, exercises, worksheets, templates, frameworks, presentations, videos, recordings, manuals, written resources, conference materials, branding, digital content, physical products and downloadable resources.

Resources and products are supplied for your own personal use or internal business use in connection with the service or product you have purchased.

You must not, without prior written permission:

• copy or reproduce resources beyond reasonable personal or internal business use;
• share them outside your business or participating team;
• publish, upload or distribute them;
• remove Gernius branding or ownership notices;
• modify and present them as your own;
• use them to deliver coaching, consulting, training or other commercial services; or
• sell, license or otherwise commercially use them.

You retain ownership of information and materials you provide to Gernius.

16. Purchasing Products

Gernius may offer physical and digital products for sale through our website, at events or directly to clients.

Product Information

We take reasonable care to ensure product descriptions, images and pricing are accurate.

Colours, finishes, sizes and appearances may vary slightly depending on screen settings or because some products are handmade or individually produced.

Product photographs may contain display items or accessories that are not included unless they are listed in the product description.

Please contact us before ordering if you require clarification about a product or whether it is suitable for a particular purpose.

Product Availability

All products are subject to availability.

We may limit the number of products available to each customer or decline an order where:

• a product is unavailable;
• incorrect information or pricing has been displayed;
• payment has not been completed;
• we reasonably suspect fraudulent or unauthorised activity;
• delivery is not reasonably available to the address supplied; or
• accepting the order would be unlawful or unsafe.

If we cannot supply a product you have already paid for, we will contact you and provide a refund for the unavailable product.

Delivery and Collection

Available delivery or collection options and any applicable charges will be shown or communicated when you order.

You are responsible for providing an accurate name, delivery address, email address and contact number.

Any stated delivery timeframe is an estimate unless we have expressly agreed otherwise.

Delivery may be affected by courier availability, weather, public holidays, rural delivery requirements or other circumstances outside our reasonable control.

Please contact us if an order has not arrived within a reasonable time after the estimated delivery date so we can assist with tracing it.

If incorrect delivery information has been supplied, additional delivery charges may apply.

Where you authorise a parcel to be left unattended or provide instructions allowing it to be left in a particular place, you accept the risks associated with those instructions to the extent permitted by law.

For collection orders, we will let you know when your order is ready and provide the relevant collection information.

Checking Your Order

Please check your order as soon as reasonably possible after receiving or collecting it.

Contact Gernius promptly if:

• the wrong product has been supplied;
• an item is missing;
• the product arrived damaged; or
• you believe the product is faulty.

We may ask you to provide your order details and photographs showing the issue so we can assess it and arrange an appropriate solution.

Faulty, Damaged or Incorrect Products

Our products come with the guarantees provided under the Consumer Guarantees Act 1993 and other applicable New Zealand law.

If a product is faulty, damaged, unsafe, does not match its description or is otherwise not of acceptable quality, please contact us and provide:

• your name and contact information;
• proof of purchase;
• a description of the issue; and
• photographs where reasonably possible.

Depending on the nature and seriousness of the issue, you may be entitled to a repair, replacement, refund or another remedy available under New Zealand law.

Where a product needs to be returned so the issue can be assessed, we will provide reasonable return instructions.

Nothing in these Terms & Conditions limits or removes any rights or remedies that cannot legally be excluded.

Change-of-Mind Returns

Please choose products carefully.

Gernius is not required to provide a refund or exchange where you simply change your mind, order the wrong product or decide that you no longer want it.

However, we may consider a change-of-mind return at our discretion where:

• you contact us within 14 days of receiving the product;
• the product is unused and in its original saleable condition;
• you provide proof of purchase; and
• the product is not excluded from change-of-mind returns.

Approval must be obtained from Gernius before returning a product.

Unless the product is faulty, damaged or incorrectly supplied, you will be responsible for the cost and safe return of the product.

Original delivery charges will not normally be refunded for a change-of-mind return.

Products That Cannot Normally Be Returned for Change of Mind

Unless faulty or otherwise required by law, change-of-mind returns will not normally be accepted for:

• personalised or customised products;
• products made or ordered specifically for you;
• digital products that have already been downloaded, accessed or supplied;
• opened or used products;
• products that cannot be resold for health or hygiene reasons;
• gift cards or vouchers;
• clearance or final-sale products identified as non-returnable; or
• products damaged after delivery through misuse, neglect or failure to follow supplied instructions.

Your rights under New Zealand consumer law continue to apply if one of these products is faulty or does not meet a legal guarantee.

Digital Products

Digital products may be supplied by email, download link, an online portal or another electronic method.

You are responsible for providing the correct email address and ensuring that you have suitable equipment and software to access the product.

Unless otherwise stated, purchasing a digital product gives you a limited, personal and non-transferable right to use it for your own personal or internal business purposes.

Digital products must not be copied, shared, resold, published or used to provide commercial coaching, consulting or training without prior written permission from Gernius.

Because digital products can generally be accessed immediately, change-of-mind refunds will not normally be provided once a product has been downloaded, accessed or supplied.

This does not affect your rights if the digital product is faulty, incorrectly described or cannot be accessed because of an issue within Gernius’s reasonable control.

Product Use and Safety

You are responsible for reading and following any instructions, warnings or care information supplied with a product.

Products must only be used for their intended purpose.

To the extent permitted by law, Gernius is not responsible for damage or injury resulting from:

• misuse of a product;
• failure to follow instructions or warnings;
• unauthorised alteration of a product;
• use of a product for a purpose for which it was not designed; or
• ordinary wear and tear.

This does not limit any responsibility Gernius has under applicable New Zealand consumer or product-safety law.

Promotions and Discount Codes

Promotions, discount codes and special offers:

• are available for the stated promotional period;
• may be subject to product, quantity or customer restrictions;
• cannot be exchanged for cash;
• cannot usually be combined unless stated otherwise; and
• may be changed or withdrawn before an order is accepted where an error or misuse has occurred.

Any specific terms provided with a promotion will apply in addition to these Terms & Conditions.

Gift Cards and Vouchers

Where Gernius offers gift cards or vouchers:

• they must be used by any stated expiry date;
• they cannot be exchanged for cash unless required by law;
• they may be used only for the products or services stated;
• any remaining balance will be managed in accordance with the conditions shown on the card or voucher; and
• Gernius is not responsible for a lost or stolen card or voucher unless required by law.

Any additional terms shown on a gift card or voucher will also apply.

17. Website and Digital Content

Information provided on the Gernius website and through our general digital content is intended for general information only.

While we take reasonable care to keep information accurate and current, website content should not be relied upon as advice tailored to your individual circumstances.

You may view and use our website for lawful personal or business purposes.

You must not:

• interfere with the operation or security of the website;
• attempt to gain unauthorised access to any system or information;
• use website content in a misleading or unlawful way; or
• reproduce or commercially use our content without permission.

Our website may occasionally be unavailable for maintenance, updates or circumstances outside our reasonable control.

18. Trusted Partners and Third-Party Services

From time to time, Gernius may introduce or refer you to a trusted partner or another third-party provider whose services may support your personal or business goals.

Unless we confirm otherwise in writing:

• the third party operates independently from Gernius;
• any decision to engage them is yours;
• any agreement will be directly between you and the provider;
• their own prices and terms will apply; and
• they remain responsible for the services and advice they provide.

We take reasonable care when deciding who we are comfortable recommending. However, you are responsible for deciding whether a provider and their services are suitable for your needs.

Please let us know if you have concerns about a provider we have introduced to you.

19. Photography, Video and Testimonials

Gernius will not use an identifiable client testimonial, photograph, video or case study for promotional purposes without appropriate permission.

For workshops, conferences and events, we may advise participants that general photography or filming will take place.

Where reasonably possible, participants will be given an opportunity to let us know if they do not wish to be photographed or filmed.

Permission to use a testimonial, photograph or video may be withdrawn for future use by contacting us.

This will not require Gernius to recall, remove or reproduce materials that were lawfully published before permission was withdrawn.

20. Health, Safety and Respectful Participation

Everyone participating in an in-person or online Gernius service must act in a way that supports a safe, respectful and constructive environment.

You agree to:

• follow reasonable health and safety instructions;
• advise us of relevant accessibility or participation requirements;
• follow the safety requirements of any venue or third-party provider; and
• avoid behaviour that is threatening, abusive, discriminatory, disruptive or unsafe.

Gernius may pause or end a person’s participation where we reasonably believe their behaviour creates a safety risk or seriously affects the experience of others.

Where participation is ended because of serious misconduct, a refund may not be available for services already provided or costs already committed.

21. Events, Conferences and Third-Party Venues

Additional terms may apply to conferences, workshops, travel-based experiences and services delivered at third-party venues.

These may cover matters such as:

• deposits and payment schedules;
• travel and accommodation;
• insurance requirements;
• participant and partner information;
• health and dietary requirements;
• changes to speakers, activities or schedules;
• cancellation and transfer conditions;
• third-party supplier terms; and
• conduct and safety requirements.

You will be provided with the applicable information before being asked to confirm your participation.

22. Changes Beyond Our Reasonable Control

Gernius will not be responsible for a delay, change or inability to provide a service where it results from circumstances beyond our reasonable control.

These circumstances may include severe weather, natural disasters, illness, emergencies, government restrictions, transport disruption, venue closure, technology failure or the actions of third-party providers.

Where this happens, we will communicate with you and make reasonable efforts to reschedule, adapt or provide an appropriate alternative.

Your rights under New Zealand law will continue to apply.

23. Liability

To the maximum extent permitted by law:

• you remain responsible for the personal and business decisions you make;
• Gernius is not responsible for losses caused by information you withheld or information that was inaccurate or incomplete;
• Gernius is not liable for indirect or consequential loss, loss of profit, loss of opportunity or loss arising from decisions made following our services; and
• where Gernius is legally liable, our total liability in connection with a particular service or product will not exceed the amount you paid Gernius for that service or product.

These limitations do not apply where liability cannot legally be excluded or limited.

Nothing in these Terms & Conditions excludes, restricts or modifies your rights under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or any other applicable New Zealand law.

Where services or products are acquired for business purposes, the parties may agree in a separate written business agreement that provisions of the Consumer Guarantees Act 1993 will not apply, but only where this is fair, reasonable and legally permitted.

24. Concerns and Complaints

We value open and honest communication.

If you have a concern about a Gernius service or product, please contact us as soon as possible and explain:

• what has happened;
• how it has affected you; and
• what you believe would help resolve the concern.

We will listen, consider the information provided and work with you in good faith to find a fair and practical resolution.

25. Ending Our Working Relationship

You or Gernius may end the working relationship in accordance with the cancellation conditions applying to the service.

Gernius may suspend or end a service where:

• payment remains overdue;
• there has been a serious or repeated breach of these Terms & Conditions;
• the working relationship is no longer safe or constructive;
• a conflict of interest arises;
• continuing would be outside our professional capability; or
• unlawful, abusive or seriously inappropriate behaviour has occurred.

Where possible and appropriate, we will discuss the situation with you before ending the service.

Any fees already due, intellectual property protections and confidentiality obligations will continue after the relationship ends.

26. Changes to These Terms

Gernius may update these Terms & Conditions when our services, products, business practices or legal responsibilities change.

The current version will be published on our website and will include its effective date.

Unless required by law, a material change will not apply retrospectively to a service or product you have already purchased without reasonable notice.

27. New Zealand Law

These Terms & Conditions are governed by New Zealand law.

If a disagreement cannot be resolved directly, either party may use any dispute resolution process or legal remedy available under New Zealand law.

If one part of these Terms & Conditions is found to be invalid or unenforceable, the remaining terms will continue to apply.

28. Contact Gernius

Questions, privacy requests, concerns, returns or complaints relating to these Terms & Conditions can be sent to:

Gernius Limited
Email: gerniuns.programmes@gmail.com
Website: www.gernius.co.nz 

Thank You

Thank you for choosing Gernius.

We appreciate the opportunity to work alongside you and look forward to supporting you as you create extraordinary results.