Liz Barry Coaching and Courses Terms & Conditions

Welcome to Liz Barry Coaching where together, I look forward to exploring your wisdom and potential. These Coaching and Courses Terms and Conditions (called Terms below) apply to any coaching or digital course provided by Liz Barry Limited (trading as Liz Barry Coaching) (us, we or our) you (you or your below) purchase from us, whether you purchase directly or your employer or another third party purchases on your behalf. By ticking a checkbox to acknowledge your acceptance of these Terms, purchasing a digital course or coaching program (whether on invoice or at an online checkout), or participating in a Program paid for by your employer or third party, you accept these Terms. If you do not agree to these Terms, you must not purchase, access or use our coaching or courses. 

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Where your employer or another third party pays for your participation, you acknowledge that you are entering into these Terms personally. The paying party's obligations under these Terms are limited to payment obligations only, and they do not assume any other obligations under these Terms unless separately agreed in writing.  

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Our coaching and online courses

• We offer two types of services under these Terms (Programs):

  • Coaching Packages: One-on-one and/or group coaching sessions, available in various package configurations as described on our website at the time of purchase. Coaching packages may include a specified number of sessions, access to supplementary materials, and defined timeframes for completion.

  • Digital Courses: Self-paced or structured online learning programs that may include documents, videos, recorded webinars, worksheets, templates, and other educational materials accessible through our online platform.

• To purchase a digital course, you need to set up an account, select the digital course you wish to purchase, and make payment at the checkout. Your purchase is accepted by us on receipt of your payment. Following receipt of your payment we will provide access to the relevant digital course.

• To purchase a coaching package, you need to set up an account, select the coaching package you wish to purchase and make payment at the checkout. By prior arrangement, we may issue a manual invoice to you. Your purchase is accepted by us on receipt of your payment.

• We will provide coaching sessions as one-on-one sessions, group sessions, or a mixture of both, as specified in the coaching package you purchase. For group sessions, we will set a maximum number of participants in our sole discretion and reserve the absolute right to determine the final composition of each group, including the right to remove or exclude any participant at any time for any reason. You acknowledge that group dynamics are critical to effective coaching and that we must maintain full control over group composition to ensure quality outcomes for all participants.

• We may change any coaching package content as we consider necessary or desirable in our sole discretion to improve the coaching package, update information, or comply with legal requirements (without substantially decreasing the overall value or content as reasonably determined by us). If this occurs during your active coaching package, we will use reasonable efforts to notify you of material changes within a reasonable timeframe. For digital course content, we may make changes at any time to keep content current and relevant without notice.

• The Program is only available to you personally, and you cannot transfer it to, or share it with, anyone else without our prior written consent. You acknowledge that any unauthorised sharing or transfer will cause us significant harm, and will result in immediate termination of your access without refund and without prejudice to any other rights or remedies available to us at law. You must keep your account password secure, not let anyone else use your account, and notify us immediately upon becoming aware of any unauthorised use of your account or any other breach of security.

 

Scheduling and Cancellation of coaching sessions

• If you cannot attend a coaching session you have booked, you must notify us at least 24 hours before the scheduled session time by email to support@lizbarry.com or through our booking system. If you don’t provide this notice and you do not attend a session, you will be charged the full price of the session, it will count as a completed session under your coaching package, and no rescheduling will be available. We will work with you to reschedule the session where reasonably possible, subject to coach availability. If you do provide this notice, we will work with you to reschedule the session to an alternative date, subject to our availability. In exceptional circumstances (such as serious accidents, death in the family or of a close friend, serious illness requiring medical attention, or hospitalisation), we may waive the notice requirement at our sole discretion.

• Digital course purchases are accessible immediately following payment and are therefore non-refundable, unless required by applicable law.  

• Where you have paid for coaching sessions in advance, you must complete all coaching sessions within the time limits stated in the coaching package (as stated on our website at the time of purchase). Any unused sessions will expire and be forfeited without refund or credit beyond the stated expiration date for the coaching package, regardless of the reason for non-use. No extensions will be granted except in our sole and absolute discretion.

• Each coaching session will be between 60-120 minutes long and take place by phone, Zoom or in-person[A4] , as specified on our website for the coaching package you purchase. The length of each coaching session will be determined by us in consultation with you before the session commences. We recommend scheduling at least seven (7) days in advance if possible.

• If we need to reschedule a coaching session due to illness, emergency, or other reasonable cause, we will let you know as soon as reasonably practicable. You and we will then work together in good faith to agree a new date, subject to our availability. We will not be liable for any losses, damages, or expenses you incur as a result of our need to reschedule. If we are unable to reschedule within a reasonable timeframe due to extended illness or other circumstances beyond our reasonable control, we will provide you with a pro-rata refund for any prepaid sessions that cannot be rescheduled[A5] .

 

Price and payment

• The price(s) for our Programs are as set out on our website at the time of your purchase, unless otherwise agreed.

• Any prices we display are in NZ dollars and include New Zealand Goods and Services Tax, unless otherwise stated.  

• You can pay using the payment methods specified at our online checkout, or by electronic bank transfer by prior arrangement. You may be directed to our payment provider’s website to complete payment. Their terms and conditions will also apply to your transaction. Payment processing fees charged by payment providers will be passed on to you and added to the total amount due. You are responsible for all bank charges, currency conversion fees, and other transaction costs associated with your payment. All payments must be made in full before access to Programs is provided.

• If we issue a manual invoice for a coaching package to you (or to your employer or other third party if they are paying on your behalf), payment must be received within 48 hours of invoice to secure your place, unless we agree otherwise in writing. If payment is not received within this timeframe, we may release your place to other clients.

• Payment[A7]  plans may be available for certain coaching packages at our sole discretion. Where a payment plan is offered, you must make all scheduled payments on time. Time is of the essence for all payment obligations. If you miss a payment, we will immediately suspend your access to the Program until payment is received. If payment is not received within 7 days of the due date, we may terminate your access and you will forfeit any unused sessions without refund or credit, while remaining liable for all outstanding payments.

 

Warranties and disclaimers

• We guarantee that all Program materials provided will, to the best of our knowledge and belief, not violate any other person’s intellectual property rights. However, if any third party claims that any Program materials infringe their intellectual property rights, our sole liability will be, at our option, to: (a) modify the materials to avoid infringement; (b) replace the materials with non-infringing alternatives of equivalent value; or (c) refund the pro-rata portion of fees paid that relate to the infringing materials. This constitutes your sole and exclusive remedy for anyintellectual property infringement claims.

• The coaching services and materials we provide are for general guidance and educational purposes only. While we use reasonable skill and care in delivering our services, we make no warranties or representations about the suitability, reliability, availability, timeliness, or accuracy of the coaching services, materials, or information provided for any purpose. You acknowledge that:

  • coaching outcomes depend significantly on your own effort, circumstances, and application of the materials and advice provided;

  • we cannot guarantee any specific results, career advancement, salary increases, job placements, or other outcomes from participating in our coaching programs or courses;

  • any case studies, testimonials, or examples of results are illustrative only and do not guarantee that you will achieve similar results;

  • you are solely responsible for evaluating the suitability of our advice and materials for your particular circumstances and for any decisions or actions you take based on our coaching or materials; and

  • our coaching services do not constitute professional advice in regulated fields such as legal, financial, medical, or psychological advice, and you should seek appropriate professional advice where necessary.

• The Programs are meant to challenge, uplift, and support you psychologically. However, coaching is not psychotherapy, psychological counselling, mental health treatment, or a substitute for professional medical care. If you are experiencing psychological distress, mental health concerns, or any condition requiring professional treatment, you must seek help from a licensed mental health professional, counsellor, psychologist, or psychiatrist. We are not qualified to provide, and do not provide, mental health services or medical advice.

• While we take reasonable care to ensure all information and advice we provide you (either online or directly) is accurate and up-to-date,  we take no responsibility for any use you make of the information supplied.

• In order for us to provide the coaching packages, you must provide accurate, complete and timely information to us. You acknowledge that the quality and effectiveness of coaching depends significantly on the information you provide, and we are not responsible for any reduced effectiveness or unsatisfactory outcomes that result from incomplete, inaccurate, or delayed information.

• Nothing in these Terms excludes, restricts or modifies any rights you may have as a New Zealand consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

• Other than as set out in these Terms and to the maximum extent permitted by law:

  • we do not provide any warranties or guarantees for our Programs or any materials or deliverables provided in connection with our Programs;

  • all implied warranties, conditions, and guarantees are excluded except those that cannot be excluded by law;

  • we make no warranty that the Programs will meet your specific requirements or expectations, or that they will be uninterrupted, timely, secure, or error-free; and

  • any material downloaded or otherwise obtained through the use of our Programs is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

 

Confidentiality and Privacy obligations

• All information you share with us during coaching sessions and in connection with the Programs will be kept strictly confidential, subject to the exceptions below. We will not disclose any information about your participation, progress, or the content of coaching sessions to any third party, including your employer or any third party who paid for your Program, without your express written consent. The exceptions to confidentiality are:

  • where we are required or authorised by law to disclose information (such as under a court order or to comply with legal obligations);

  • where you give us written permission to disclose specific information;

  • where we reasonably believe disclosure is necessary to prevent or lessen a serious threat to you or someone else or to public safety; or

  •  where disclosure is necessary to enforce our rights under these Terms or defend against legal claims.

• where we use anonymised or aggregated data that cannot identify you for business purposes such as testimonials, case studies, or service improvement.

• We will take reasonable precautions to safeguard your confidential information and personal information. However, you understand that technology is not always secure and you accept this risk when using email, text, phone, WhatsApp, Teams, Zoom, and other platforms we use to deliver our Programs to you. We are not responsible for the theft, deletion, destruction, damage, loss or unauthorised access of any of your data stored in our system or any third party platform we use to deliver the Program.

• We collect, use, and store your personal information in compliance with the Privacy Act 2020 and our Privacy Policy (available to view here) which forms part of these Terms.

• Any public forum you can access in connection with our Program, including social media groups or any in-course communication tools, can be accessed by all our Program clients. Any information you share on our public forum is shared at your own risk and we are not responsible for any loss caused by you sharing that information. Any behaviour or language that is defamatory, discriminatory, abusive, inappropriate, or antagonistic will not be tolerated on our public forum and we can (at our discretion) terminate anyone’s access to the public forum. You must indemnify us for all costs, expenses, and losses we experience (including reasonable legal fees) due to another person making a legal claim against us for any behaviour or language you share on our public forum that is illegal, defamatory, abusive, inappropriate, or antagonistic. Additional rules may apply to access our public forum.

 

Protection of our Intellectual Property

• All materials (including tools, templates, workbooks, videos and drawings) we make available to you as part of our Programs are protected by copyright and all intellectual property rights are owned exclusively by us or our licensors. Where materials are owned by third party licensors, your use is subject to any additional restrictions imposed by those licensors. 

• We grant you the right to use the materials for your own personal use only and you are not given any ownership rights. This licence is personal to you, non-exclusive, non-transferable, and revocable. You cannot assign, sublicense, or transfer it to any other person or entity without our prior written consent, which we may withhold in our absolute discretion. You must not share, distribute, resell, record, reproduce, broadcast, republish, post or copy, in part or in full, our materials without our prior written permission. You must not use our materials, methodologies, frameworks, or any derivative works based on them to develop, create, operate, or assist in developing your own coaching program, online course, training materials, or any competing service. This restriction survives termination of these Terms indefinitely.

 

Employer-Sponsored Participation

Where your employer or another third party (Sponsor) pays for your participation in the Programs:

• you remain the client for the purposes of these Terms and the coaching relationship is with you personally, not with the Sponsor;

• we may provide confirmation of your enrolment and payment receipt, confirmation of session attendance (but not session content) and confirmation of Program completion to your employer or third party unless you instruct us in writing not to provide such information. We will not provide any information about the substance of coaching sessions, your personal disclosures, your progress, challenges, or outcomes to your employer or the paying third party without your express written consent;

• you are responsible for all payments if the employer or third party fails to make any required payment;

• you are responsible for understanding any obligations you may have to your Sponsor regarding the use of their funds for the Programs;

• if the Sponsor ceases payment or requests cancellation, we will notify you and provide you with the option to continue the Program by making payment yourself, subject to our standard payment terms; and

• in the event of any dispute between you and the Sponsor regarding payment or participation, such dispute is between you and the Sponsor and does not affect our obligations to maintain confidentiality or our rights under these Terms.

 

Default and cancellation

• We may suspend or cancel your access to the Program and these Terms immediately by giving written notice where: 

  • you fail to comply with a material obligation under these Terms, and if capable of remedy, do not remedy that failure within 7 days of receiving written notice from us specifying the failure and requiring remedy;

  • you or any Sponsor responsible for payment fails to pay any amount when due, and such amount is not paid within 7 days after we have provided written demand for payment to you and/or the Sponsor;

  • you are unable to pay your debts as they fall due, or you become bankrupt, or (if you are a company) a court orders you into liquidation,or you have a receiver, liquidator, or statutory manager appointed by a court or secured creditor; or

  • either party is prevented from performing a material obligation under these Terms for 30 consecutive days or more due to an eventbeyond the reasonable control of the affected party, including but not limited to natural disasters, war, terrorism, riots, pandemic, epidemic, government action, strike, lockout, or failure of telecommunications or internet services, but excluding lack of funds or economic hardship (Force Majeure Event).

• You may cancel your Program and these Terms where:

  • we fail to comply with a material obligation in these Terms, and if capable of remedy, we don’t remedy that failure within 15 days of receiving written notice from you specifying the failure in reasonable detail and requiring remedy; or

  • either party is prevented from performing a material obligation under these Terms for 30 consecutive days or more due to a Force Majeure Event.

• In exceptional circumstances, as determined by us in our sole and absolute discretion (such as serious illness or unavailability due to bereavement), we may elect to cancel these Terms and your access to any coaching package before the full package has been delivered. In such circumstances, we will use reasonable efforts to provide written notice to you and, will provide a refund of the pro-rata portion of advance payments made for coaching sessions not yet delivered. Where a Sponsor has paid for your participation, any refund will be paid to the Sponsor. Any refund provided shall constitute full and final settlement of all claims, and you agree to release us from any further liability.

• Cancellation of these Terms does not affect any accrued rights or obligations of either party, or any provisions expressly or by implication intended to survive termination, including but not limited to intellectual property rights, confidentiality obligations, payment obligations for services already provided, liability and dispute provisions.

• If your access to the Program is cancelled (whether by us or by you), you must immediately cease all use of any materials we have provided to you, and delete or destroy all copies of such materials in your possession or control, including electronic copies.

• For coaching packages, upon completion of the initial package period, if you and us agree in writing, coaching will continue on a month-by-month basis at the then-current pricing. You may discontinue month-to-month coaching at any time by providing 7 days' written notice, but payments already made for the current month are non-refundable.

 

How we resolve disputes 

• If any dispute arises, we will first attempt to resolve it with you amicably, and the obligations in the Terms will continue to apply. If the dispute is not resolved within 15 days, you or we may refer the dispute to mediation. This does not stop you or us from seeking a court order for an interim injunction to prevent non-compliance or require compliance at any time.

 

Liability limitations

• To the maximum extent permitted by law:

  • Our total aggregate liability to you for any and all claims arising out of or in connection with these Terms or the Programs, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed the total amount of fees you have actually paid to us for the specific Program giving rise to the claim in the 12 months immediately preceding the date the claim arose.

  • We will not be liable to you for any loss of profits, revenue, business, contracts, anticipated savings, or business opportunity, loss of or damage to goodwill or reputation, loss of or corruption to data or information,  indirect, special, incidental, punitive, or consequential loss or damage of any kind; or loss or damage arising from your failure to follow our instructions, advice, or recommendations, or from your provision of incomplete, inaccurate, or untimely information.

  • Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, breach of confidentiality, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited under laws that cannot be excluded.
     

Change and applicable laws

• We may change these Terms at any time by posting the new Terms on our website or providing you with a new copy of the Terms. The new Terms will apply to any purchase you make after the new Terms are posted or provided. You should check the latest version of the Terms before you make a new purchase.

• These Terms are governed by New Zealand law and you and we submit to the non-exclusive jurisdiction of the New Zealand courts to resolve disputes. Although our Programs may be accessed from countries outside New Zealand, we cannot guarantee the Programs or any materials we provide comply with the laws in any country other than New Zealand.  You are responsible for ensuring your use of the Program complies with all applicable laws in your jurisdiction.