Interpretation and Definitions

Interpretation

Words with initial capital letters have the meanings set forth in the definitions below. The following definitions have the same meaning in both the singular and plural forms.

Definitions

For the purposes of these Terms and Conditions:

• Related Party means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity or other securities entitling one to vote for the election of directors or other governing bodies.

• Country means: New Zealand

• Company (referred to in this Agreement as "Company ", "we", "us", "our") means Crescellere Limited, 64 Bob Charles Drive, Golflands, Auckland.

• Device means any device that can access the Services, such as a computer, cell phone or tablet.

• Service means the Website.

• Website means Winner Consulting at

https://consultyj.com

• You means the individual accessing or using the Services, or the company or other legal entity on whose behalf the Services are accessed or used.

Acknowledgement

These are the terms and conditions governing the use of the Service and the agreement between you and the Company. These terms and conditions set out the rights and obligations of all users in relation to the use of the Service.

Your access to and use of the Service is conditional upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, then you may not access the Service.

You represent that you are 18 years of age or older. We do not permit persons under the age of 18 to use the Service.

Limitation of Liability

In any event, the entire liability of the Company and its suppliers and your exclusive remedy under any provision of these Terms shall be limited to the amount actually paid by you through the Service or $100NZD.

Notwithstanding any damages you may suffer, the entire liability of Company and any of its suppliers under this paragraph and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Services or $100NZD if you have not yet purchased any content through the Services.

to the maximum extent permitted by applicable law, in no event shall company or its suppliers be liable for any special, incidental, indirect or consequential damages (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, breach of privacy, etc., whether arising out of the use of, or the inability to use, the services, third party software and/or hardware used in conjunction with the services, or in connection with the terms of this clause (in connection with any provision of these Terms), even if Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. in such states, the parties' liability will be limited to the fullest extent permitted by law.

Links to Other Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or alleged to be caused directly or indirectly by or in connection with use of or reliance on any such content, goods or services available on or through any such site or service.

We strongly recommend that you read the terms and conditions and privacy policies of any third party websites or services that you visit.

Termination

We may terminate or suspend your access immediately without prior notice or liability if you violate these Terms and Conditions.

Upon termination, your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that you may suffer, the entire liability of the Company and any of its suppliers under these Terms and your exclusive remedies with respect to all of the foregoing shall be limited to the amount actually paid by you through the Service, or if you have not yet purchased any Content through the Service, to $100NZD.

to the maximum extent permitted by applicable law, in no event shall the company or its suppliers be liable for any special, incidental, indirect or consequential damages (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, breach of privacy, etc., whether arising out of the use of, or inability to use, the service, third-party software and/or hardware used in conjunction with the service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and the remedy fails of its essential purpose.

some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, the liability of the parties will be limited to the fullest extent permitted by law.

"as is" and "as available" disclaimer of warranties

the service is provided to you "as is" and "as available", with all faults and issues, and without warranty of any kind. to the fullest extent permissible by applicable law, the company, on behalf of itself and its affiliates, and its respective licensors and service providers, expressly disclaims all warranties with regard to the service, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and all warranties that may arise from a course of dealing, course of performance, use, or trade practice. trade practices. without limiting the foregoing, the company disclaims any warranties or promises, and makes no representations of any kind that the service will meet your requirements, achieve any desired results, be compatible or work with any other software, application, system or service, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company Providers make any representations or warranties of any kind, express or implied:

(i) about the operation or availability of the Service, or the information, content and materials or products contained therein;

(ii) that the Service will be uninterrupted or error-free;

(iii) as to the accuracy, reliability or timeliness of any information or content available through the Service; or

(iv) that the Service, its servers, Content or emails sent on our behalf do not contain viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or the limitation of statutory rights applicable to consumers, so some of the above exclusions and limitations may not apply to you. In such cases, however, the exclusions and limitations set forth in this section shall apply to the maximum extent permitted by applicable law.

Applicable Law

The laws of this country, excluding its conflict of laws rules, shall govern these Terms and your use of the Services. Your use of the Application may also be subject to other local, state, national or international laws.

Dispute Resolution

If you have any concerns or disputes about the Services, you agree to first attempt to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If you are a consumer in the European Union, you will benefit from any mandatory provisions of the laws of your country of residence.

U.S. Legal Compliance

You represent and warrant that:

(i) you are not located in a country that is subject to a U.S. government embargo or designated by the U.S. government as a "terrorist-sponsoring" country, and (

ii) you are not listed on any U.S. government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision will be altered and construed to achieve the objectives of that provision to the fullest extent permitted by applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as otherwise provided herein, failure to exercise a right or to require performance of an obligation under the terms of this Article shall not affect a party's ability to exercise such right or to require performance of such obligation at any time thereafter, and a waiver of a default shall not constitute a waiver of any subsequent default.

Interpretation of Translations

If we provide you with a translated version of these Terms and Conditions on our Services, you agree that the original English text shall prevail in the event of a dispute.

Changes to Terms and Conditions

We reserve the right to modify or replace these Terms at any time in our sole discretion. If the modification is material, we will use reasonable efforts to provide at least 30 days' notice prior to the effective date of any new terms. What constitutes a material change will be determined by us in our sole discretion.

By continuing to access or use our Services after these modifications become effective, you agree to be bound by the modified Terms. If you do not agree with the new Terms, in whole or in part, please discontinue use of the Site and Services.

Contact Us

If you have any questions about these Terms and Conditions, you may contact us at the following address

• Email: info@consultyj.com

• Visit our website: https://consultyj.com/contact-us

• Telephone: 021-083-68491

Alternatively, you can fill in our form and we will contact you as soon as possible.

If you are not satisfied with our privacy response, you can contact the Privacy Commissioner's Office <www.privacy.org.nz>. If you wish to make a complaint, you can visit the Commerce Commission website for reporting information: <www.comcom.govt.nz>