LARISSA DRYSDALE Limited
Terms + Conditions
1. Definitions
Allocated Refund Period means 30 days from the date the Product or Service was purchased by you.
Force Majeure Event means any act, event, non-happening, omission or accident beyond our reasonable
control.
GST means goods and services tax pursuant to the Goods and Services Tax Act 1985.
Products means all products supplied by us including all content on our Website.
Services means all services provided by us from time to time including the supply of Products, any advice or
recommendations.
Terms means these terms and conditions and where applicable, any written contract between you and us.
we, us or our means Larissa Drysdale Limited, its successors and assigns or any person acting on behalf of
and with the authority of Larissa Drysdale Limited.
Website means www.larissadrysdale.com.
Working Day means a day other than a Saturday, Sunday or public holiday (or day observed) in Canterbury New Zealand.
you or your means you, any person acting on behalf of and with the authority of you or any person purchasing Products and Services from us.
Words in the singular include the plural and vice versa.
2. Acceptance
2.1 These Terms apply any time you ask us to work for you. Because these Terms form part of our contract with you, if you disagree with any of them, you need to let us know immediately. Otherwise we will take your continued correspondence with us as acceptance of these Terms.
2.2 We also refer you to our engagement email or letter (Engagement), which includes but is not limited to, any additional terms we have agreed with you, such as the scope of our work for you, our Fee Estimate and the payment of a deposit.
3. Privacy
3.1 In your dealings with us we will collect and hold personal information about you.
3.2 If you are an organisation, this may include collecting and holding personal information about your personnel. We may also source information from publicly available sources. We will use that information to carry out Services, supply Products, make contact with you in the future about issues we believe will be of interest to you, collect any debts owed to us and to comply with our legal obligations. Failure to provide information we request may prevent or hinder us from providing Products and/or Services to our customary standards, or at all.
3.3 The information we collect and hold about you will be kept at our offices and/or at files storage sites elsewhere in New Zealand. We may also use service providers who store (on our behalf) the information overseas and information may be stored electronically. We use such security safeguards as are reasonable in the circumstances to protect it.
3.4 If you are an individual, you have the right to access and correct this information as set out in the Privacy Act 2020.
4. Confidentiality
4.1 Our work for you is provided on a non-exclusive basis (meaning we do not work solely for you). Notwithstanding this, we will hold in confidence all information concerning you or your affairs that we acquire while working for you. We will only disclose confidential information if it is necessary or desirable to enable us to carry out your instructions or if it is required by law.
4.2 However, you also acknowledge that the use of technology is not always secure and you accept the risks of confidentiality in the use of email, text, phone, Voxer, Zoom and any other technology.
5. Data Security
All transactions are processed via a third party PCI Compliant providers.
6. Permitted Use
6.1 We grant you a limited licence to use any Products or Services supplied by us. However, all intellectual property in all Products and Services supplied to you remain our exclusive property. You may not copy, distribute, republish, upload, post, or transmit our Products or Services in any way without our prior written consent.
6.2 Products that are available for download may only be downloaded for non-commercial, non-public, personal use. If you are an employee or member of any business or organization, you may download and reprint our Products only for educational or other non-commercial purposes.
7. Liability
You agree that our liability is limited as follows:
(a) we have no liability for any loss incurred by you, whether financial or otherwise, as a result of you engaging with our Products or Services, or for any perceived failure, whether justified or otherwise to achieve your desired outcomes or goals; or
(b) our Products and Services are given only for your benefit and in your interest. They are not to be relied on by third parties unless we agree in writing; or
(c) we do not accept liability for loss arising from non-receipt of any communication, including emails;
(d) we do not accept liability for loss arising from cybercrime, including but not limited to the hacking of emails and/or tampering with bank account details; and
(e) in the event that we are liable, then our liability is limited to $100.00 or the amount of fees you have paid to us in the proceeding year, whichever is the lesser.
8. Fees and Payment
8.1 Where possible, we will provide you with an estimate of our fees and expenses (Fee Estimate). Unless stated otherwise in writing, all Fee Estimates exclude GST.
8.2 If our Engagement includes a Fee Estimate, it is based on our experience with similar matters and is given as a guide only. It is not a fixed price quotation. Any Fee Estimate applies to the scope of our services set out in our Engagement. Work which falls outside that scope will be charged in line with subclause 8.4. We will advise you if we are providing services outside that scope and give an updated fee estimate, if requested.
8.3 While we take reasonable care to provide you with an accurate estimate, our estimate is an estimate only and we will charge you, and you will pay the fees and expenses actually incurred by us in providing Products and/or Services to you.
8.4 The cost of Services provided on a casual basis, or beyond our Fee Estimate will be charged on an hourly basis at $250.00 per hour plus GST.
8.5 We may require you to pay a deposit. All deposits are non- refundable. We will not provide Products and/or Services until the deposit is received by us. Further details relating to the deposit payable will be found in our Engagement.
8.6 Our general practice is to issue interim accounts monthly. Unless you tell us otherwise, we will send accounts by email. We also issue an account on the completion of each matter.
8.7 We may choose to charge you for the expenses we incur in providing the Services to you. Such expenses include (but are not limited to):
(a) travel costs, which may be the costs we have incurred in hiring a vehicle to travel to you, or mileage, at the then-current kilometre rate published by IRD and accommodation costs; and
(b) if you pay us by credit card, the merchant fees charged to us.
8.8 Our accounts are payable on receipt. If an account is not paid promptly, we may elect:
(a) to charge interest at up to 1.5% per month accruing daily on any outstanding amount, one month after the date of the account; and
(b) to take action to recover the debt and all costs we incur in doing so, including interest and third party debt recovery costs are payable by you.
8.9 All costs incurred by us in recovering any amount owed by you (including court, solicitor and debt collection costs) are payable by you as a debt due, without further demand.
9. Refund Policy
9.1 We do not offer refunds for Products or Services.
10. Termination
10.1 Without prejudice to any other remedies available to us, we may immediately terminate or suspend the supply of Products and/or Services to you in the event that:
(a) you fail to make any bookings required to progress our supply of Products and/or Services within 4 weeks of registering with us, or any time period as advised by us in writing; or
(b) you fail to comply with any of these Terms or any other agreement you have with us; or
(c) we have reasonable grounds to believe that you are unlikely to be able to pay any sums owing to us, or you become insolvent, bankrupt, go into receivership or liquidation or suffer any analogous event; or
(d) any information you have given us, or which is given to us on your behalf, is untrue, misleading or deceptive in a material respect; or
(e) if we deem your behaviour to be inappropriate or unacceptable in any way; or
(f) you do not pay our fees when due.
10.2 Either party may terminate the supply of Products and/or Services at any time with 30 days written notice.
10.3 Upon termination or suspension under this clause 10, any amounts you owe to us will be immediately due and payable, and we may begin charging interest on those amounts in accordance with clause 8. Any interest payable under these Terms will continue to accrue until you pay all outstanding amounts in full.
10.4 You will pay all costs and expenses incurred by us as a consequence of your default.
10.5 We will not be liable to you for any loss or damage you suffer because we exercises any rights, powers or remedies available to us at law or under these Terms, including the remedies under this clause 10.
11. Contact
11.1 If you have any queries, questions or complaints about our Products, Services, Fees and Expenses please contact
Larissa Drysdale:
Phone: 027 530 0180
Email: hello@larissadrysdale.com.
11.2 For all general enquiries, we have a contact form available through our Website.
12. Consumer Guarantees Act and Fair Trading Act
12.1 Where you acquire Goods from us for business purposes, you acknowledge and agree that those Goods are being supplied and acquired “in trade” and therefore the Consumer Guarantees Act 1993 does not apply.
12.2 Y ou acknowledge that you have not relied on any representations made by us in entering into these Terms and that this clause is fair and reasonable.
13. General
13.1 Disputes: If a dispute arises out of or relates to these Terms or the supply of any Products or Services, we will endeavour to resolve the dispute by good faith negotiations with you. If we are unable to resolve the dispute during negotiations, either you or us may refer the dispute to mediation by notice in writing by a mediator to be agreed between you and us within five Working Days of that notice or failing agreement by the President of the New Zealand Law Society or his or her nominee. We will share the costs of the mediator equally with you.
13.2 Assignment: You are not entitled to assign or transfer any rights or obligations you have under these Terms without our prior written consent.
13.3 Governing Law: Our relationship with you is governed by New Zealand law and New Zealand Courts have exclusive jurisdiction.
13.4 Variation: We may vary these Terms by publishing updated Terms on our Website. The updated Terms will take effect from the date they are published on the Website, and will apply to any further dealings you have with us.
13.5 Legislation: Any reference to legislation in these Terms includes a reference to any amended or substitute legislation and any regulations enacted under that legislation.
13.6 Severability: Each clause of these Terms is separately binding. If any clause is void, unenforceable or otherwise ineffective by operation of New Zealand law the remaining clauses will continue to be valid and enforceable.
13.7 Joint and Several Liability: Where you comprise more than one person or entity then the obligations between those persons under these Terms is joint and several.
13.8 Waiver: A waiver of these Terms will only be effective if given by us in writing and only to the extent expressly stated to be given. Any waiver will not affect our rights under these Terms at any future time.
13.9 Force Majeure: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused a Force Majeure Event. A Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
13.10 Other Agreements: Where these Terms conflict with any other written agreement you have entered into with us, the provisions of that other agreement will prevail.