# Terms of Service
**Effective date:** 25 May 2026
**Last updated:** 25 May 2026
These Terms of Service ("Terms") form a binding agreement between you and **PIVOT Vet Strategies Ltd**, a New Zealand limited liability company (NZBN 9429053465320) with its registered office at 20 Beach Road. Auckland, NZ 0616 ("PIVOT Vet Strategies," "we," "us," or "our").
Please read these Terms carefully. By accessing or using our website, downloading any of our free resources, or enrolling in any of our paid programs, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.
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## 1. Definitions
In these Terms:
- **"Services"** means our website at pivotvet.com, our free educational resources (including but not limited to Culture Hold, Clinical Cadence, The Floor Deck, and the First 90 Days framework), our paid programs (including TRIAGE™ and its variants for emergency, urgent care, multi-site, and general practice settings), and any related digital materials, content, community features, communications, and account access provided to you by us or on our behalf.
- **"Free Resources"** means any educational tools, frameworks, downloads, or materials we make available at no charge through the Services.
- **"Paid Programs"** means our paid training and leadership programs, including TRIAGE™ and any current or future variant.
- **"Learning Platform"** means the third-party learning management system (currently operated by LearnWorlds) through which our Paid Programs are delivered.
- **"You"** means the individual accepting these Terms and, where applicable, the hospital, practice, employer, or other organisation on whose behalf you are acting.
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## 2. Eligibility and Authority
By accepting these Terms, you represent and warrant that:
(a) you have reached the age of majority in your jurisdiction;
(b) you are accessing or using the Services for business or professional purposes within a veterinary practice, hospital, or related organisation, and not for personal, domestic, or household use; and
(c) if you are accepting these Terms on behalf of a hospital, practice, employer, or other organisation, you have the authority to bind that organisation, and references to "you" in these Terms include both you personally and that organisation.
We may decline to provide, or may suspend, the Services to any person at any time if we reasonably believe these representations are inaccurate.
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## 3. Business Use Only; Contracting Out of Consumer Guarantees Act and Fair Trading Act
The Services are supplied for business use only and are not acquired for personal, domestic, or household use or consumption.
The parties acknowledge that they are each "in trade" within the meaning of the Consumer Guarantees Act 1993 (NZ) ("CGA") and the Fair Trading Act 1986 (NZ) ("FTA"), and the parties agree, under **section 43 of the CGA**, that the CGA does not apply to the supply of the Services. The parties further agree, under **section 5D of the FTA**, that sections 9, 12A, 13, and 14(1) of the FTA shall not apply as between the parties.
The parties agree that it is fair and reasonable that they are bound by this provision.
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## 4. Description of Services
### 4.1 Free Resources
From time to time we make Free Resources available through the Services at no charge. The Free Resources are licensed to you on a personal, non-exclusive, non-transferable, revocable basis for your own internal business use within your organisation.
You **may** share the Free Resources internally with members of your leadership team. You **may not**:
(a) sell, sublicense, rent, lease, or otherwise commercially exploit the Free Resources;
(b) republish, repost, redistribute, or make the Free Resources publicly available in whole or in substantial part to any third party outside your organisation;
(c) remove, obscure, or alter any attribution, copyright notices, branding, or watermarks;
(d) use the Free Resources to train, fine-tune, evaluate, or otherwise develop any machine learning, artificial intelligence, or large language model; or
(e) misrepresent the Free Resources as your own work or as the work of any party other than PIVOT Vet Strategies Ltd.
We may withdraw, modify, or replace any Free Resource at any time without notice and without liability to you.
### 4.2 Paid Programs and Learning Platform
Our Paid Programs (including TRIAGE™) are delivered through the Learning Platform. When you enrol in a Paid Program, you will be directed to the Learning Platform to create an account and access program materials.
Your use of the Learning Platform is also subject to the Learning Platform operator's own terms of service and privacy policy. We are not responsible for the operation, availability, content, or security of the Learning Platform; however, the commercial relationship between you and PIVOT Vet Strategies Ltd and our handling of your personal information remain governed by these Terms and our Privacy Policy. www.pivotvet.com/privacy.
### 4.3 Modifications and Availability
We may, at our discretion and without liability:
(a) modify, suspend, or discontinue any part of the Services, including any Free Resource or Paid Program;
(b) restrict access to the Services to particular users or jurisdictions; and
(c) update content, materials, or features.
We will make reasonable efforts to provide advance notice of material changes to Paid Programs already purchased.
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## 5. Educational Content; No Professional Advice
All materials provided through the Services — including but not limited to the TRIAGE™ programs, Culture Hold, Clinical Cadence, The Floor Deck, the First 90 Days framework, and any associated frameworks, templates, scripts, and tools — are provided for **general educational and informational purposes only**.
They do not constitute, and should not be relied upon as, legal, employment, human resources, medical, veterinary, financial, or other professional advice.
You are solely responsible for:
(a) evaluating the suitability of any framework, template, or material for your specific circumstances;
(b) complying with all laws, regulations, and professional standards applicable to your organisation; and
(c) consulting appropriately qualified professionals (including legal counsel, employment specialists, registered veterinarians, and licensed practitioners) before acting on any of our content.
PIVOT Vet Strategies Ltd makes no representation or warranty that use of the Services will result in any particular outcome for you, your team, or your organisation.
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## 6. Account Registration
If you enrol in a Paid Program, you will be required to create an account on the Learning Platform. You agree to:
(a) provide accurate, current, and complete information when creating your account;
(b) promptly update your account information to keep it accurate, current, and complete;
(c) maintain the security and confidentiality of your login credentials;
(d) not share your account credentials with any other person, including other members of your organisation, except where we expressly permit team or multi-seat access in writing;
(e) notify us promptly at info@pivotvet.com of any unauthorised use of your account; and
(f) accept responsibility for all activity that occurs under your account.
We reserve the right to suspend or terminate any account that contains inaccurate information or that we reasonably believe has been used in breach of these Terms.
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## 7. Fees, Payment, and Refunds
### 7.1 Fees and Payment
Fees for Paid Programs are set out at the point of sale and are payable in advance unless we have agreed otherwise in writing. All fees are stated in United States dollars and are exclusive of GST and any other applicable taxes.
Payment is processed through our third-party payment provider (currently Stripe). By submitting payment information, you authorise the payment provider to charge the amount due to your nominated payment method.
### 7.2 Refunds
Paid Programs are digital training services. Once we have granted you access to a Paid Program, the program is deemed to have been substantially supplied.
Except where a refund is required by law that cannot be excluded:
(a) no refunds are available for Paid Programs once access has been granted; and
(b) at our discretion, we may issue a refund for unused program access within 14 days of purchase, provided you have not accessed substantive program materials.
To request a discretionary refund, contact us at info@pivotvet.com with your order details.
### 7.3 Late Payment
If any payment is overdue, we may suspend your access to the Services until the overdue amount is paid in full and may recover reasonable costs of collection.
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## 8. Intellectual Property
### 8.1 Our IP
All intellectual property in the Services — including the Free Resources, Paid Program materials, frameworks, methodologies, course content, written and audiovisual materials, software, design, trade marks (including TRIAGE™ and PIVOT Vet Strategies™), and the structure and arrangement of the foregoing — is and remains the exclusive property of PIVOT Vet Strategies Ltd or its licensors.
Except for the limited licences expressly granted in these Terms, no rights are transferred to you.
### 8.2 Licence to You
We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Services for your own internal business purposes, subject to these Terms.
You may not:
(a) reproduce, modify, adapt, translate, or create derivative works of the Services or any materials within them, except as expressly permitted;
(b) reverse engineer, decompile, or attempt to extract source code or proprietary methodologies;
(c) use any robot, scraper, spider, or other automated means to access the Services;
(d) use the Services to train, fine-tune, evaluate, or develop any machine learning, artificial intelligence, or large language model; or
(e) use the Services in a manner that competes with, or is intended to develop a competing product to, our Services.
### 8.3 Feedback
If you provide us with feedback, suggestions, ideas, or proposals regarding the Services ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable licence to use the Feedback for any purpose without obligation or compensation to you.
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## 9. Acceptable Use
You agree not to use the Services to:
(a) violate any applicable law, regulation, or professional code of conduct;
(b) infringe the intellectual property, privacy, or other rights of any person;
(c) impersonate any person or misrepresent your affiliation with any organisation;
(d) harass, abuse, threaten, defame, or discriminate against any other user;
(e) post or transmit content that is unlawful, defamatory, obscene, or that contains confidential patient, client, or employee information without proper authorisation;
(f) introduce viruses, malware, or any other harmful code;
(g) interfere with or circumvent the security of the Services or any related system;
(h) use the Services to send spam or unsolicited commercial communications;
(i) attempt to gain unauthorised access to any account, system, or data;
(j) post commercial solicitations within community, cohort, or discussion features unrelated to the program; or
(k) engage in any conduct that disrupts the participation or experience of other users.
We may remove content, suspend access, or terminate accounts for any breach of this section, without notice and without refund.
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## 10. Copyright Notice and Takedown
If you believe content available through the Services infringes your copyright, please notify us in writing at info@pivotvet.com with:
(a) identification of the copyrighted work claimed to be infringed;
(b) identification of the allegedly infringing material and its location on the Services;
(c) your contact information (name, address, email, telephone);
(d) a statement that you have a good faith belief that the use is not authorised by the copyright owner, its agent, or the law; and
(e) a statement, made under penalty of perjury (or analogous law), that the information in the notice is accurate and that you are the copyright owner or are authorised to act on the owner's behalf.
We will respond to valid notices in accordance with the Copyright Act 1994 (NZ) and, where applicable, the Digital Millennium Copyright Act of 1998 (US). We may remove or disable access to allegedly infringing material and may terminate the access of users who repeatedly infringe.
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## 11. Privacy
Our collection and use of personal information is governed by our Privacy Policy www.pivotvet.com/privacy, which forms part of these Terms.
Where Paid Programs are delivered through the Learning Platform, additional information collected by the Learning Platform operator is governed by that operator's privacy policy. We remain the controller of personal information about you in our capacity as the provider of the Services.
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## 12. Third-Party Services
The Services rely on certain third-party providers, including:
- **Squarespace** — website hosting;
- **LearnWorlds** — Learning Platform for Paid Programs;
- **Stripe** — payment processing;
- **Google** — analytics; and
- other providers as identified in our Privacy Policy.
We do not control these third-party providers and are not responsible for their acts, omissions, content, availability, or security, except to the extent required by law. Your use of any third-party service is subject to that provider's own terms.
Third-party links on our website may direct you to websites not affiliated with us. We are not responsible for the content, accuracy, or practices of those websites.
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## 13. Disclaimer of Warranties
To the maximum extent permitted by law, and subject to section 3 (CGA / FTA opt-out):
The Services are provided **"AS IS"** and **"AS AVAILABLE"** without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, or that the Services will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components.
We do not warrant that:
(a) the Services will meet your requirements;
(b) any information obtained through the Services will be accurate, complete, or reliable; or
(c) any errors or defects will be corrected.
You acknowledge that your use of the Services is at your own risk.
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## 14. Limitation of Liability
To the maximum extent permitted by law, and except for liability that cannot lawfully be excluded:
(a) The total aggregate liability of PIVOT Vet Strategies Ltd and its directors, officers, employees, contractors, and agents to you for any and all claims arising out of or relating to these Terms or the Services, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the **greater of**:
(i) the total fees you paid to us in the twelve (12) months preceding the event giving rise to the claim; or
(ii) one hundred New Zealand dollars (NZ$100).
(b) In no event shall we be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, savings, goodwill, data, reputation, or business opportunities, even if advised of the possibility of such damages.
(c) Any claim arising out of or relating to these Terms or the Services must be brought within twelve (12) months after the cause of action arose, or be permanently barred.
These limitations form an essential basis of the bargain between you and us.
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## 15. Indemnification
You agree to indemnify, defend, and hold harmless PIVOT Vet Strategies Ltd and its directors, officers, employees, contractors, and agents from and against any third-party claim, demand, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or relating to:
(a) your breach of these Terms;
(b) your violation of any law or any rights of a third party;
(c) any content you submit, post, or transmit through the Services; or
(d) your use of the Services in a manner not authorised by these Terms.
As a condition of indemnification:
(i) we will notify you in writing of any claim for which we seek indemnification within a reasonable time after we become aware of it;
(ii) we may (but are not required to) participate in the defence with counsel of our choosing at our own expense; and
(iii) you will not settle any claim that imposes any obligation or admission on us without our prior written consent, which shall not be unreasonably withheld.
Your indemnification obligation under this section shall not exceed NZ$50,000 in the aggregate, except for claims arising from your fraud, wilful misconduct, or infringement of our intellectual property rights, which are not subject to this cap.
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## 16. Term and Termination
These Terms take effect when you first access or use the Services and remain in effect until terminated.
### 16.1 Termination by You
You may stop using the Services at any time. For Paid Programs, termination does not entitle you to a refund except as expressly provided in section 7.2.
### 16.2 Termination by Us
We may suspend or terminate your access to the Services, or any part of them, at any time if:
(a) you breach these Terms;
(b) we reasonably believe your continued use poses a risk to us, other users, or third parties; or
(c) we are required to do so by law.
For material breaches that are capable of remedy, we will provide reasonable notice and an opportunity to cure where practicable.
### 16.3 Effect of Termination
Upon termination:
(a) your right to access and use the Services ends immediately;
(b) any fees already paid are non-refundable except as expressly stated; and
(c) sections 1, 3, 5, 8, 13, 14, 15, 17, and 18 survive termination, together with any other provisions that by their nature should survive.
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## 17. Dispute Resolution; Governing Law
### 17.1 Informal Resolution
Before initiating any formal proceeding, the parties will attempt to resolve any dispute through good-faith negotiation. You may initiate this process by contacting us at info@pivotvet.com with a written description of the dispute. If the dispute is not resolved within thirty (30) days of that notice, either party may proceed under section 17.2.
### 17.2 Binding Arbitration
Except as set out in section 17.3, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be referred to and finally resolved by arbitration under the Arbitration Act 1996 (NZ), administered by the Arbitrators' and Mediators' Institute of New Zealand Incorporated (AMINZ) in accordance with the AMINZ Arbitration Rules.
The seat of arbitration shall be **Auckland, New Zealand**. The arbitration shall be conducted before one (1) arbitrator and in the English language. The decision of the arbitrator shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
### 17.3 Exceptions
Either party may:
(a) bring a claim in the Disputes Tribunal of New Zealand for matters within its jurisdiction;
(b) seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights, confidential information, or to enforce payment obligations; and
(c) bring an action in court to enforce an arbitral award.
### 17.4 No Class Proceedings
Each party may bring claims against the other only in their individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate the claims of more than one person without the parties' agreement.
### 17.5 Governing Law
These Terms, and any dispute arising out of or relating to them, are governed by the laws of New Zealand, without regard to its conflict of laws rules. Subject to sections 17.2 and 17.3, the courts of New Zealand have exclusive jurisdiction over any matter not subject to arbitration.
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## 18. General
### 18.1 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable and to reflect the original intent of the parties.
### 18.2 Entire Agreement
These Terms, together with our Privacy Policy and any other document expressly incorporated by reference, constitute the entire agreement between you and us regarding the Services and supersede any prior or contemporaneous agreements, communications, or proposals.
### 18.3 No Waiver
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision at a later time.
### 18.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, restructuring, or sale of all or substantially all of our assets.
### 18.5 Force Majeure
Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, pandemics, government action, network failures, or third-party service outages.
### 18.6 Notices
Notices to us must be sent in writing to info@pivotvet.com or to our registered address. Notices to you may be sent to the email address associated with your account. Notices are deemed received on the next business day after sending by email or three business days after sending by post.
### 18.7 Relationship
These Terms do not create any partnership, joint venture, agency, or employment relationship between you and us.
### 18.8 Headings
Headings are for convenience only and do not affect the interpretation of these Terms.
### 18.9 Construction
Any ambiguity in these Terms shall not be construed against the drafting party.
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## 19. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will notify you by:
(a) updating the "Last updated" date at the top of these Terms; and
(b) where the change materially affects your rights or obligations, providing reasonable advance notice by email or through a prominent notice on the website.
Your continued use of the Services after the effective date of revised Terms constitutes acceptance of those Terms. If you do not agree to the revised Terms, you must stop using the Services.
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## 20. Contact
For any questions about these Terms or the Services, please contact us:
**PIVOT Vet Strategies Ltd**
Email: info@pivotvet.com
For legal notices: info@pivotvet.com
Registered office: 20 Beach Road. Auckland, NZ 0616
NZBN: 9429053465320
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*These Terms were last updated on 25 May 2026.*
