These terms and conditions (the "Terms and Conditions") govern the use of promana.nz (the "Information Site") and promanapeople.com (the "App Site", and together, the "Sites"). The Sites are owned and operated by Technologies Behind Coaches Ltd, a Company registered in New Zealand (NZBN 9429048977180).
The Information Site is a corporate marketing website and blog. The App Site offers behavioural assessments, access to coaching, and interpersonal and enterprise networking services.
By using the Sites, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
All content published and made available on our Sites is the property of Technologies Behind Coaches Ltd and the Sites' creators. This includes, but is not limited to images, text, logos, documents, downloadable files, assessments input data and anything that contributes to the composition of our Sites.
In order for us to provide services to you, you grant us certain rights with respect to your Data including but not limited to transmitting, storing and copying your Data in order to display it to you and those you choose to share it with, and to make backups to prevent data loss. Your acceptance of these Terms gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose).
You agree that we may third-party service providers (for example Amazon Web Services) in the operation and administration of the Sites and the rights you grant to us are extended to such third parties to the degree necessary for the Sites to offer their Services.
As a user of our Sites, you agree to use our Sites legally, not to use our Sites for illegal purposes, and not to:
If we believe you are using our Sites illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Sites. We also reserve the right to take any legal steps necessary to prevent you from accessing our Sites.
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
The following Services are available on our Site:
Goods and services will be paid for in full when the services are ordered unless by prior written arrangement.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
If you elect to operate your own application and connect it with the App Site, you consent to your data held on the App Site being shared with your application.
You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API.
Abuse or excessively frequent requests to the App Site via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.
If you have a subscription with us, your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps:
We offer the following free trial of our goods and services:
At the end of your free trial, you will not be charged for use of our service unless
To cancel your free trial, please follow these steps:
We accept the following payment methods on our Site:
When you provide our Payment Service Provider ("PSP") with your payment information, you authorise our PSP's of and access to the payment instrument you have chosen to use. By providing our PSP with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds for Goods
All goods (assessments) sold on our Site are non-refundable.
We do not provide refunds for services.
To the extent that the Sites offer and Affiliate marketing program, you may opt in to become a marketing affiliate. If you do opt in, you agree that you are not entering into an employment agreement with the Company or the Sites. You agree that you are responsible for your own tax affairs in your own tax jurisdiction and you expressly indemnify the Company against any claims by your tax authority and against any tax obligations you incur in relation to your business activities.
The Company offers a two-tiered Affiliate Program. This means that as an Affiliate you earn
The Company may from time to time at its sole discretion offer its active Affiliates additional commission bonuses ("Boosts"). The terms of such Boosts will be detailed in these Terms and elsewhere in marketing materials generated by the Company and published on the Sites and on social media and other channels outside the Company's ownership or control.
For the avoidance of doubt the Terms that govern any Boosts available are the Terms described herein and are not subordinated by any marketing materials produced by the Company.
Boosts are now available for Affiliates who register and purchase at least one Assessment before 31 December 2021. Boosts will be payable for all Tier 1 and Tier 2 Affiliate sales made in the first 90 days that the Affiliate Program becomes fully active (currently the fully active date is scheduled for 15 Jan 2022).
For direct Tier 1 sales:
| Boost Category | If you bought | when you sell | Boost % | USD Boost | Total Payable |
|---|---|---|---|---|---|
| 1 | Resilience | each Resilience | 1 | $0.10 | $2.60 |
| 2 | Action Process | each Action Process | 3 | $0.75 | $7.00 |
| 2 | Activation | each Activation | 3 | $0.75 | $7.00 |
| 2 | Action Style | each Action Style | 3 | $0.75 | $7.00 |
| 2 | Time Actions | each Time Actions | 3 | $0.75 | $7.00 |
| 2 | Transactions | each Transactions | 3 | $0.75 | $7.00 |
| 2 | Team Roles | each Team Roles | 3 | $1.50 | $14.00 |
| 3 | Team Building | each Team Building | 5 | $2.25 | $21.00 |
| 3 | Team Work | each Team Work | 5 | $2.25 | $21.00 |
| 3 | Leading Edges | each Leading Edges | 5 | $2.25 | $21.00 |
| Mixed | Resilience + Action Process | Resilience + Action Process + Transactions | 4 | $2.40 | $17.40 |
| Mixed | Action Process + Transactions + Leading Edges | Action Process + Transactions + Leading Edges | 9 | $13.50 | $51.00 |
For Tier 2 sales:
Where the Consumer Gurantees Act 1993, the Contract and Commercial Law Act 2017, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Technologies Behind Coaches Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless Technologies Behind Coaches Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of New Zealand.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Please contact us if you have any questions or concerns. Our contact details are as follows:
gidday@promana.nz
You can also contact us through the feedback form available on our Site at https://promana.nz/support/contact.
Effective Date: 22nd day of August, 2021
