Full Terms & Conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your participation in the SalesStar Group Strategic Foundation Workshop (SFW) and any of the related products and services (collectively, “Services”).  This Agreement is legally binding between you (“User”, “you” or “your”) and Sales Star Australasia Limited (“SalesStar”, “we”, “us” or “our”), collectively the “Parties”.  If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity.  If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Sales Star Australasia Limited, even though it is electronic and is not physically signed by you, and it governs your use of the Services.  

Services

SalesStar will perform the Services with reasonable skill and care, applying its professional knowledge and expertise (the “Reasonable Care Assurance”). You acknowledge that the Services are provided for business purposes only and are subject to the limitations set out in this Agreement.

Dates in relation to delivery of Services (including but not limited to those represented in marketing materials) are intended as a guide only. You acknowledge that courses, programmes and other learning materials may be updated from time to time.

In performance of the Services, SalesStar will rely on the quality, reliability, accuracy, completeness and timeliness of the information, instructions and materials provided by you. SalesStar is not responsible for independently verifying such information and will not be liable for any consequences arising from errors, omissions, or inaccuracies in the information supplied by you to SalesStar.

Access to some of the Services may be governed by their own terms. To access these Services you acknowledge that you will need to agree to these separate terms.    

Disclaimer of Peer-to-Peer Advice

Advice, information, opinions, or materials provided by other participants of the Services (“Peers”) are not the views, positions, or endorsements of SalesStar. Such content is solely the responsibility of the Peer who provided it. SalesStar acts merely as a passive conduit for the distribution and publication of this information.

SalesStar does not pre-screen, monitor, or validate the accuracy, completeness, or reliability of Peer-provided information. You acknowledge that any reliance on Peer advice is at your own risk. We do not guarantee that such information will be professional, accurate, or suitable for your specific business needs.

To the maximum extent permitted by law, SalesStar (including its officers, employees, and agents) shall not be held liable for:

• Any errors or omissions in Peer-provided content;
• Any loss or damage (financial, reputational, or otherwise) resulting from your use of or reliance on Peer advice; or
• Any disputes or interactions between you and other participants of the Service.

Peer-to-Peer Confidentiality

“Peer Confidential Information” refers to any non-public information disclosed by a participant (“Disclosing Peer”) to others within the Service (“Receiving Peers”). This includes, but is not limited to:

• Proprietary business strategies or sales processes;
• Financial data, pricing structures, or customer lists; and
• Trade secrets, intellectual property, or “work-in-progress” ideas.

By participating in the Services, every Peer agrees to:

• Maintain Secrecy: Hold all Peer Confidential Information in the strictest confidence.
• Restrict Use: Use the Peer Confidential Information solely for the purpose of mutual learning and professional development within the scope of the Services.
• Prohibit Disclosure: Not disclose, publish, or disseminate any Peer Confidential Information to any third party (including colleagues or external parties) without the express written consent of the Disclosing Peer.
• Confidentiality obligations do not apply to information that:
• Was already known to the Receiving Peer prior to disclosure;
• Is or becomes publicly available through no fault of the Receiving Peer; or
• Is independently developed without reference to the Peer Confidential Information.

The duty of confidentiality shall survive the termination of your participation in the Services and shall continue for a period of 5 years from the date of disclosure.

Participants acknowledge that a breach of confidentiality may cause irreparable harm for which monetary damages are inadequate.

Direct Action: Participants agree that the Disclosing Peer has the right to seek injunctive relief or other equitable remedies directly against the breaching Peer.

SalesStar’s Role: SalesStar reserves the right to terminate the access of any participant found to be in violation of these confidentiality standards, though SalesStar assumes no liability for the enforcement of these private rights between Peers.

Non-Solicitation 

During your participation in the Services and for twelve (12) months following your exit, you agree not to:

• Solicit or entice away any employee or contractor of another Peer or SalesStar; or
• Engage in aggressive “pitching” or unsolicited sales activity toward other Peers that detracts from the collaborative nature of the Service.

Information and Accounts

You will provide any information required by SalesStar to deliver the Services (including but not limited to your sales data) reasonably requested by SalesStar. You will ensure that all information supplied to SalesStar complies with the provisions of any relevant legislation governing privacy and the use of information.

Your purchase includes access to the SalesStar Academy for eight (8) authorized users for a period of ninety (90) days, commencing from the date your account is activated or payment is received (whichever occurs first).

Access is restricted to the specific individuals named in your account setup. Log-in credentials are for individual use only and may not be shared, transferred, or used by multiple people.

If you require more than eight (8) seats, additional access may be purchased at our prevailing rates. SalesStar reserves the right to audit user activity to ensure compliance with this limit.

Attendees

Your purchase includes two (2) attendees for in-person workshops.

If you require more attendees, please contact us. We cannot guarantee that additional attendees can be accommodated due to venue capacity. Additional attendees will incur additional fees.

All workshop attendance is subject to the Attendance and Rescheduling provisions of this Agreement (including notice requirements for substitutions).

Attendance and Rescheduling

Workshops:

• Fixed Dates: Workshops are delivered on specific dates as notified by SalesStar. Because these are group events, SalesStar cannot reschedule or “make up” a workshop for individual attendees who fail to attend.
• Non-Attendance: Failure to attend a scheduled workshop results in the forfeiture of that portion of the Service. No refunds or credits will be issued for non-attendance.
• Substitutions: You may substitute an attendee with another individual from your organization at no additional cost, provided you give SalesStar at least forty-eight (48) hours’ written notice prior to the workshop.

Coaching Sessions:

• Booking Window: The included coaching session must be booked and completed within the ninety (90) day Academy access period. Any session not used within this timeframe will expire and be forfeited.
• Rescheduling Policy: If you need to reschedule a booked coaching session, you must provide at least twenty-four (24) hours’ written notice.
• Late Cancellation & No-Shows: If you provide less than twenty-four (24) hours’ notice, or if you fail to attend the session within 15 minutes of the scheduled start time, the session will be deemed “delivered” and your entitlement to that session will be forfeited.

Disclosure and Use of Work

The Services provided are intended solely for your use and SalesStar accepts no responsibility or liability to any third party who may gain access and / or rely on the Services.

You must not disclose any business system, know-how, report, outline format, specifically written licence, or any other agreement or any other information that is copyright or the intellectual property of SalesStar and its licensors without our prior written consent.

SalesStar reserves the right to engage independent contractors, consultants or other third-party service providers to assist with the delivery of the Services.

Billing and Payment 

You shall pay all fees or charges prior to the commencement of the Services. All fees paid to SalesStar are non-refundable, non-cancelable, and non-creditable. You acknowledge that once payment is made, you are not entitled to a refund for a change of mind, internal business changes, or failure to attend/use the Services, except as required by law or in the event of a material breach of the Reasonable Care Assurance by SalesStar.

Unless otherwise specified, all amounts exclude sales tax, goods and services tax, value added tax or revenue based tax (“Sales Tax”).  You shall pay to SalesStar any Sales Tax payable on the invoice issued by SalesStar to you.

Liability Limitation

To the maximum extent permitted by law, SalesStar will only be liable for any direct loss suffered by you arising solely from a material breach of the Reasonable Care Assurance, and only to the extent such loss is proven and not otherwise excluded. For the avoidance of doubt, SalesStar’s liability shall not extend to any acts, omissions, or information provided by Peers within the Services. 

SalesStar’s total aggregate liability (whether in contract, tort including negligence, or otherwise) shall be limited to the total fees paid by you to SalesStar in relation to the Services.

In no event shall SalesStar be liable for any loss of profits, loss of revenue, loss of data, or any indirect, consequential, or special disruptions or damages, even if advised of the possibility of such losses.

Other than as set out in this clause, SalesStar shall not be liable to you for any losses of any description arising out of or connected in any way with the provision of the Services.

The Parties agree that:

• The Services are being provided and acquired in trade for the purposes of a business;
• The provisions of the Consumer Guarantees Act 1993 shall not apply;
• For the purposes of section 5D of the Fair Trading Act 1986, the Parties acknowledge they are contracting out of sections 9, 12A, and 13 of that Act; and
• It is fair and reasonable that the Parties are bound by these provisions.

Access and Availability

Availability: SalesStar will use all reasonable endeavors to ensure that online services (including the SalesStar Academy) are available 24/7 during your 90-day access period. However, you acknowledge that these online services are hosted by third-party providers and provided on an “as is” and “as available” basis.

Interruptions: SalesStar is not responsible for any delays, delivery failures, or technical issues resulting from:

• Your own internet connectivity or hardware limitations;
• Scheduled or unscheduled maintenance, upgrades, or outages initiated by third-party hosting providers;
• Issues with third-party hosting providers or telecommunication networks; or
• Force Majeure events as defined in this Agreement.

No Extensions: Brief periods of downtime or maintenance do not entitle you to an extension of the 90-day access period or any reduction in fees. In the event of a continuous, catastrophic system failure lasting longer than five (5) consecutive business days, SalesStar may, at its sole discretion, provide a pro-rata extension of your access.

General Confidentiality

The Parties agree that, except as required by law, the documents and information received by or provided to the other for the purposes of this Agreement and the provision of the Services, are “confidential information” and will be treated as confidential except if the information:

• Is or becomes generally available to the public other than by a breach of the obligations under the Agreement;
• Is demonstrably known to the Parties prior to entering into the Agreement; or
• Is received from a third party who owes no obligation of confidence in respect of the information;
• is required to be disclosed to any securities exchange or regulatory or governmental body to which that party is subject or submits wherever situated whether or not the requirement for information has the force of law, provided that any such information disclosed will be disclosed only after notice to the other party. 

You agree that the SalesStar may disclose the performance of the Services to clients and prospective clients as an indication of our experience.

Intellectual Property Rights

Intellectual property rights in all documentation, business systems, know-how, ideas, concepts, methodologies and processes introduced to and utilised by SalesStar in relation to the services or created in the course of providing the Services remain vested in SalesStar and its licensors (as appropriate).

All intellectual property developed by SaleStar on your behalf is owned by SalesStar and licensed to you to be used solely for the purpose of training your internal staff. You agree not to use this material for any other purpose. You may, at your discretion, amend the material to suit the changing needs of your organisation.

Privacy 

If you provide or disclose personal information of any individual, other than yourself, as required by, pursuant to, or in connection with the Services, or this Agreement, you undertakes that you have, to the extent required by law: 

• notified the relevant individual of the purposes for which data will be collected, processed, used, disclosed, stored or transferred; and 
• obtained such individual’s consent for, and hereby consent on behalf of such individual to, the collection, processing, use, disclosure, storage or transfer of his/her personal data to or by SalesStar, and confirm that you are authorised by such individual to provide such consent on their behalf.

You have the right to access personal data held about yourself by SalesStar. If the information held about you is inaccurate, you have the right to request a correction.

Other Engagements

Nothing in this Agreement prevents SalesStar from providing services to other parties.

Assignment

Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party.

Term 

This Agreement commences on the date you agree to these terms, and continues until all services have been delivered.

Either party may terminate this Agreement immediately if the other party:

• Commits a material breach of this Agreement that is not remedied within fourteen (14) days of receiving notice of the breach; or
• Becomes insolvent, enters into liquidation, or has a receiver appointed.

Resolving Disputes

This Agreement and any disputes or claims arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New Zealand. The Parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.

Any dispute or claim arising out of or relating to this Agreement, including any question regarding its existence, validity or termination, shall be first negotiated between the Parties in good faith to settle the dispute or difference. 

If the dispute or difference cannot be settled by good faith negotiations between the Parties within 14 days of the dispute or difference arising, such dispute or difference may be referred to the mediation of a single mediator agreed between the Parties or, in the absence of agreement, appointed by any senior office holder for the time being of the New Zealand chapter of the Resolution Institute or a nominee on application by either party. 

If the dispute or difference cannot be settled within 30 days of the dispute or difference being referred to mediation, the dispute or difference can be referred to arbitration. The arbitration will be conducted by a sole arbitrator agreed between the Parties, or if the Parties cannot agree on the arbitrator within 10 days from the notice for arbitration, an arbitrator appointed by the President of the Arbitrators’ and Mediators’ Institute of New Zealand. The arbitration will take place in New Zealand under the Arbitration Act 1996.

Severability

Any illegality, unenforceability or invalidity in a provision in this Agreement will not affect the remaining provisions of this Agreement which will remain in full force and effect.

Independent Relationship 

Nothing in this Agreement creates a partnership, joint venture, or employer-employee relationship between the Parties. You are an independent business entity.

Force Majeure

None of the Parties shall be responsible to any other Party for any delay in performance or non-performance due to any circumstance beyond the reasonable control of the Parties, but the Party relying on force majeure shall promptly upon the occurrence of any such cause notify the other Party in writing, stating that such cause has delayed or prevented its performance of its obligations under this Agreement and thereafter such Party shall take all action within its power to comply with the terms of this Agreement as fully and promptly as possible. 

If a force majeure event continues for more than 20 business days, SalesStar may terminate this Agreement immediately by written notice.  

A force majeure event will include, without limitation, the acts of God, acts or omissions of any government or any rules, regulations or orders of any governmental authority or any officer, department, agency or instrument thereof; fire, storm, flood, earthquake, accident, acts of public enemy, war (whether declared or not), rebellion, insurrection, riot, invasion, strikes, or lockouts, or anything regarded as being beyond the control of the party in question.