Working draft. G360 is in testing. This page is a working draft and will be reviewed by a New Zealand lawyer before G360 opens to customers.
These terms apply to everyone who uses Gestalt 360 (G360), the business assessment and improvement service provided by Operational Excellence Ltd (“we”, “us”) at operationalexcellence.co.nz. By creating an account or using G360 you agree to them.
1. The service
G360 helps business owners assess and improve their business. It includes the G360 questionnaire, scores, Disk, report, programme tools and, where your plan includes it, the AI Business Coach and worksheets. The plans and prices are set out on our website.
2. Your account
You must give accurate details and keep your password private. You are responsible for what happens under your login. Tell us straight away if you think someone else has used it.
Accounts are for businesses. By subscribing you confirm you are acquiring G360 for the purposes of a business.
3. Subscriptions and payment
Subscriptions are monthly or annual and renew automatically until cancelled. Prices are in New Zealand dollars and include GST. Payments are processed by Stripe; we do not see or store your card details.
We may change prices with at least 30 days’ notice by email. A change applies from your next renewal after the notice period.
4. Cancelling
You can cancel at any time from My account. Your access continues until the end of the period you have paid for, and is not refunded for part periods unless the law requires it.
If a payment fails we will let you know. You will have a grace period (currently 7 days) to update your card. After that your account becomes read-only until payment is made: you can still see your information but cannot change it or use the AI Business Coach.
5. Coaches and their clients
Business coaches apply for a coach account and may use G360 only after we approve the application. Coaches may use G360 with their own clients. Each coach subscription includes a number of active clients, as set out on our website; each active client after that is billed to the coach.
A coach is responsible for their own coaching services and for their relationship with their clients. Coaches may not copy, resell or adapt the G360 method, questions or materials outside G360.
Clients invited by a coach accept these terms when they first sign in. A client may keep their G360 with their own subscription if their coach releases it, or if the coach’s account is no longer active. The coach’s private meeting notes stay with the coach.
6. The AI Business Coach
The AI Business Coach and the coaches’ AI tools use artificial intelligence. Their responses are generated automatically and may be incomplete or wrong. They are general business guidance, not legal, tax, accounting, financial or other professional advice. Check anything important, and ask for a person whenever you need one.
7. Your information
Your business information belongs to you. You give us permission to store and use it to provide G360 to you, as described in our Privacy Policy. We do not sell it.
8. Our intellectual property
Gestalt 360 (G360), its method, questions, scoring, reports, worksheets and software are owned by or licensed to Operational Excellence Ltd. You may use them only through G360 for your own business, or for your clients if you are an approved coach.
9. Acceptable use
Do not misuse G360: no attempts to access other people’s information, disrupt the service, reverse engineer it, or use it for anything unlawful. We may suspend an account that breaks these terms.
10. Availability
We work to keep G360 available and secure, but we do not guarantee it will always be uninterrupted or error-free. We may improve and change the service over time.
11. Liability
G360 provides information and tools; decisions about your business remain yours. To the extent the law allows, we are not liable for indirect or consequential loss, or loss of profit, and our total liability to you is limited to the fees you paid us in the 12 months before the claim.
Because G360 is supplied and acquired for business purposes, the Consumer Guarantees Act 1993 does not apply, and the parties agree it is fair and reasonable that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, to the extent permitted by law.
12. Ending the service
You may stop using G360 at any time. We may end an account for a serious breach of these terms, or on 30 days’ notice for any other reason, with a pro rata refund of any prepaid period. You can ask us for a copy of your information before your account closes.
13. Changes to these terms
We may update these terms. We will tell you about important changes in advance, and ask you to accept the new terms when you next sign in.
14. General
These terms are governed by New Zealand law and the New Zealand courts have jurisdiction. Contact us at info@operationalexcellence.co.nz.