Terms of Service

Last Updated: October 15, 2023

1. Introduction

Welcome to Gursh ("Company", "we", "our", "us"). These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at gursh.nz and our consulting services (together or individually "Service") operated by Gursh.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

2. Definitions

For the purposes of these Terms of Service:

  • "Client" refers to the individual or organization that has engaged Gursh for consulting services.
  • "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by Users, regardless of the form of that content.
  • "Service" refers to the consulting services provided by Gursh, including business model audits, growth strategy development, investment readiness preparation, and operational scaling assistance.
  • "User" refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

3. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

4. Consulting Services

Gursh provides strategic consulting services for startups and scaling companies. Our services include:

  • Business model audits and optimization
  • Growth strategy development
  • Investment readiness preparation
  • Operational scaling frameworks

All services are provided on an "as is" and "as available" basis. Gursh makes no representations or warranties of any kind, express or implied, as to the operation of the services or the information, content, materials, or products included in the services.

4.1 No Guarantees of Outcomes

While we strive to provide valuable guidance and frameworks for business growth, Gursh does not guarantee specific business outcomes, including but not limited to: revenue growth, successful fundraising, operational efficiencies, or any other measurable business result. Our services are advisory in nature, and the implementation and results depend on numerous factors outside our control.

4.2 Client Responsibilities

Clients are responsible for:

  • Providing accurate and complete information
  • Implementing recommendations at their own discretion
  • Evaluating the suitability of our advice for their specific circumstances
  • Obtaining additional professional advice (legal, financial, etc.) as needed

5. Fees and Payment

Our fees for consulting services will be outlined in a separate engagement agreement with each client. Unless otherwise specified in writing:

  • Payment terms are 14 days from invoice date
  • Late payments may incur additional fees
  • We reserve the right to suspend services for unpaid invoices

All fees are exclusive of applicable taxes unless otherwise stated.

6. Intellectual Property

The Service and its original content (excluding Content provided by Users), features and functionality are and will remain the exclusive property of Gursh and its licensors. The Service is protected by copyright, trademark, and other laws of both New Zealand and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Gursh.

6.1 Client Materials

Any materials provided by clients remain the property of the client. By providing materials to Gursh, clients grant us a license to use, reproduce, and modify such materials solely for the purpose of providing our services.

6.2 Deliverables

Unless otherwise specified in writing, deliverables created by Gursh during the provision of services are licensed to the client for their internal business use only. Gursh retains ownership of underlying methodologies, frameworks, and processes.

7. Confidentiality

Gursh commits to maintaining the confidentiality of client information. We will not disclose confidential information to third parties without explicit permission, except where required by law. This obligation survives the termination of our engagement.

Clients agree not to disclose Gursh's proprietary methodologies, pricing, or other confidential business information without our written consent.

8. Limitation of Liability

In no event shall Gursh, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your use of or inability to use the Service;
  • Any implementation of advice or recommendations provided by our Service;
  • Unauthorized access to or use of our servers and/or any personal information stored therein;
  • Any business decisions made based on our consulting advice;
  • Any other matter relating to the Service.

Our total liability for any claims arising under these Terms shall not exceed the amount paid by you to Gursh during the six (6) month period prior to such claim.

9. Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

12. Contact Us

If you have any questions about these Terms, please contact us.