Background
1. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING.
2. By using the website, you signify your consent to these terms of use. If you do not agree to the terms of use, please do not use the website.
3. These terms and conditions ("the Agreement") set out the general terms and conditions of your use of the michelledelegat.com website ("the Website") and all the products and services (collectively referred to as "the Services") on the Website.
4. This Agreement is legally binding between you ("the User", "you" or "your") and MICHELLE DELEGAT ("MICHELLE DELEGAT", "we", "us" or "our"). You acknowledge the Agreement is a contract between you and MICHELLE DELEGAT, even though it is electronic and not physically signed by you, and that it governs your use of the Website and Services.
5. These terms and conditions may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current terms and conditions.
6. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the Agreement. If you do not agree with the terms of the Agreement, you must not accept the Agreement and must not access and use the Website and Services.
7. You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to the Agreement, you warrant and represent you are at least 18 years of age.
Billing and Payments
8. We reserve the right to change products (which includes individual services) and product pricing (which includes individual services) at any time. We do not provide price protection or refunds in the event of a price reduction or promotional offering. Any change of advertised product or service price does not entitle you to a refund of the difference.
9. If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by MICHELLE DELEGAT.
10. We reserve the right to refuse any order you place with us.
11. Due to the nature of digital products, there are no refunds offered.
Accuracy of Information
12. Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order).
13. We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by New Zealand law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
Links to other resources
14. Although the Website and Services may link to other resources (such as external websites like Stan Store, Stripe, Mail Chimp, mobile applications, social media platforms etc.) (collectively known as external “Third Parties”), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated.
15. We are not responsible for any malfunction, disruption or error made by or from Third Parties we use. Your use of services provided by them for our Website or Services is between you and the third party directly.
16. We are not responsible for any performance problems caused by any Third Parties website or third party service provider (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). Any such problem will be governed solely by the agreement between you and that provider.
17. We do not assume any responsibility or liability for the actions, products, services, and content of any Third Parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services relating to Third Parties we use. Your linking to any external provider, off-Website resource, is at your own risk.
Privacy
18. We will use commercially reasonable efforts to restrict unauthorised access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify, or distribute the data and files you store using the Website. Use of the Website is completely at your own risk.
Prohibited Uses
19. In addition to the other terms in the Agreement, you are prohibited from using the Website and Services or content on the Website or provided in the Services whether written or oral:
a for any unlawful purpose;
b to solicit others to perform or participate in any unlawful acts;
c to violate any international, national or local regulations, rules, laws, or local ordinances;
d to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f to submit false or misleading information;
g to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet;
h to spam, phish, pharm, pretext, spider, crawl, or scrape;
I for any obscene or immoral purpose; and
J to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet.
20. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses without notice or providing a refund for Services purchased.
Intellectual Property Rights
21. Intellectual Property Rights (“Intellectual Property”) means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
22. The Agreement does not transfer to you any Intellectual Property owned by MICHELLE DELEGAT or Third Parties. All rights, titles, and interests in and to such Intellectual Property will remain (as between the parties) solely with MICHELLE DELEGAT.
23. All content on the Website and contained in the Services whether in written, oral or digital format, is the Intellectual Property of MICHELLE DELEGAT. All such Intellectual Property belonging to MICHELLE DELEGAT must not be reproduced in any form without the express permission and consent of MICHELLE DELEGAT.
24. Reproduction for the purposes of clause 23 includes but is not restricted to audio and visual recording, copying content from written materials, copying content audio content for the purposes of passing on to third parties outside of the Agreement and passing it off as your own.
25. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of MICHELLE DELEGAT or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other Third Parties.
26. Your use of the Website and Services grants you no right or license to reproduce, copy, pass off, or otherwise use any of MICHELLE DELEGAT or Third Party trademarks in any way.
27. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Website or in the Services in any way, you may notify MICHELLE DELEGAT at info@supernovawoman.com. Please provide your name and contact information, the nature of your work and how you believe it is being violated and any other information you believe is relevant.
Disclaimer of Warranty
28. You agree that Services are provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk.
29. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services:
a will meet your requirements, or
b the Services will be uninterrupted, timely, secure, or error-free.
30. We do make any warranty about the results, changes or outcomes that may be obtained, experienced or achieved from use of the Services.
31. We do not make any warranty about the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected.
32. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data.
33. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
Limitation of liability
34. To the fullest extent permitted by applicable law, in no event will MICHELLE DELEGAT, its affiliates, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of MICHELLE DELEGAT and its affiliates, employees, agents, suppliers and licensors relating to the Services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to MICHELLE DELEGAT for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
35. You agree to indemnify and hold MICHELLE DELEGAT and its affiliates, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable lawyers’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the Website and Services or any wilful misconduct on your part.
Severability
36. All rights and restrictions contained in the Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render the Agreement illegal, invalid or unenforceable.
37. If any provision or portion of any provision of the Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute Resolution
38. Any dispute arising out of the Agreement shall be governed by the substantive laws of New Zealand.
39. There is no provision in the Agreement for any recourse to litigation. The parties must resolve the dispute out of court. The only exception is where an urgent interlocutory proceeding is required such as an injunction.
40. Any dispute arising out of this Agreement must be addressed through direct negotiation between the parties.
41. If direct negotiation is unsuccessful after fifteen (15) working days, the dispute must be referred to mediation where an independent mediator facilitates negotiation and settlement of the dispute between the parties.
42. Mediation is initiated by one party (“the Initiating Party”) giving notice (“the Notice”) in writing to the other party (“the Responding Party”) within five (5) working days of unsuccessful negotiations. The Notice must identify:
a the dispute which is being suggested for mediation; and
b suggest three independent and impartial mediators located in New Zealand.
43. The Responding Party must respond (“the Reply”) to the Notice in writing given to them by the Initiating Party within five (5) working days of receipt. The Notice must include:
a a response to the issue identified for mediation; and
b suggest three independent and impartial mediators.
44. The parties will agree on a suitable person in New Zealand as the mediator within ten (10) working days of the Reply being sent by the Responding Party to the Initiating Party.
45. If the parties are unable to agree on a New Zealand based mediator in clause 44, the Initiating Party will ask the Arbitrators' and Mediators' Institute of New Zealand Inc. (“AMINZ”) to appoint a mediator within ten (10) working days of receiving the Reply. The mediation will be in accordance with the Mediation Protocol of AMINZ.
46. Despite clauses 41 to 45, the parties are free to re-engage in direct negotiations until a mediator is agreed and appointed under clause 44 or clause 45.
47. All mediation and ancillary mediation costs will be shared equally between the parties.
48. Mediation costs in clause 47 will apply if:
a a binding settlement agreement is reached;
b if a binding settlement agreement is not reached; or
c mediation is terminated by one party or by mutual agreement of both parties.
49 Mediation is terminated:
a when the parties reach a binding settlement agreement within the timeframe agreed with the mediator;
b by one party; or
c by mutual agreement of both parties.
50. If the parties sign a settlement agreement, there is no recourse to any legal action or appeal. The settlement agreement is legally binding on both parties.
51. If no settlement agreement is reached in mediation, the final resort is arbitration in New Zealand in accordance with New Zealand law and the current Arbitration Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc. The arbitration shall be by one arbitrator to be agreed upon by the parties and if they should fail to agree within twenty-one (21) days, then to be appointed by the President of the Arbitrators' and Mediators' Institute of New Zealand Inc.
Changes and amendments
52. We reserve the right to modify the Agreement or any of the terms relating to the Website and Services at any time, effective upon posting of an updated version of the Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes have been made shall constitute your consent to these changes.
Acceptance of these terms and conditions
53. You acknowledge that you have read the Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by the Agreement. If you do not agree to abide by the terms of the Agreement, you are not authorised to access or use the Website and Services.
54. This agreement shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Contacting us
55. If you would like to contact us to understand more about the Agreement or any matter relating to it, you may send an email to info@supernovawoman.com
This document was last updated on 28 June 2025.