1. Agreement to these terms
These terms are a legal agreement between you and Forward Matter Consulting (Forward Matter, we, us or our). By accessing this website, using the Execution Health Check, downloading material or purchasing a digital product, you agree to these terms and our Privacy Notice. If you use the site for an organisation, you confirm that you are authorised to accept these terms for that organisation.
If you do not agree, do not use the relevant part of the site. Additional terms shown at checkout, in a product licence or in an engagement document also apply. If they conflict with these terms, the more specific terms apply to that product or service.
2. Who operates this site
This website and its content are operated by Forward Matter Consulting Limited, trading as Forward Matter Consulting, in Auckland, Aotearoa New Zealand. Our NZBN is 9429053951649. You can contact us at hello@forwardmatterconsulting.co.nz. References to the website include its pages, forms, diagnostic tools, downloads and related digital services.
3. New Zealand consumer and fair-trading rights
Nothing in these terms excludes, restricts or modifies a right or remedy that cannot lawfully be excluded, including applicable rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986.
Where you acquire goods or services in trade, both parties are in trade, and it is fair and reasonable that they be bound by this clause, the parties agree in writing that:
- the Consumer Guarantees Act 1993 does not apply to that supply; and • sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to the extent the Fair Trading Act permits contracting out.This business-to-business contracting-out clause does not apply to a consumer acquisition or where the statutory requirements for contracting out are not met.
4. General information, tools and no professional advice
The website provides general information about strategy execution, management systems and related organisational practices. It is not legal, financial, accounting, employment, health, investment or other regulated professional advice. It is not a recommendation tailored to your organisation and should not be relied on as the sole basis for a material decision.
You are responsible for evaluating the relevance of the information, obtaining specialist advice where appropriate and making your own decisions. Accessing content, submitting a form or receiving a response does not by itself create a consultant-client, fiduciary, partnership, employment or agency relationship.
5. Execution Health Check
The free Execution Health Check is a directional self-assessment based only on the answers you provide. Its scores, labels, patterns and suggested next steps support reflection and conversation; they are not a scientifically validated benchmark, assurance opinion, audit or complete organisational diagnosis.
Results may be incomplete or misleading where answers are inaccurate, partial, subjective or not representative of the wider organisation. Do not present a result as an independently verified finding. An adviser-led Execution System Health Check is a separate service involving evidence review, interviews, observation and professional judgement.
6. Consulting enquiries and engagements
Website descriptions are invitations to discuss possible services, not binding offers. A consulting engagement begins only when the parties agree the scope, fees and terms in writing. Unless an engagement document expressly says otherwise, indicative outcomes, timeframes and examples are not guarantees of a particular commercial, operational or organisational result.
You remain responsible for leadership decisions, implementation, internal communications, legal and employment obligations, and the accuracy and completeness of information supplied to us.
7. Digital products, orders and payment
A product order is an offer to purchase. We may accept it by confirming the order or providing access to the product. We may decline or cancel an order before acceptance, including for an obvious pricing error, suspected fraud, product unavailability or breach of these terms. If we cancel after payment, we will refund the amount paid for the cancelled item.
Prices are stated in the currency shown at checkout and include GST where applicable. The displayed digital-product price is the complete customer total and no additional GST is added at checkout. You authorise our payment provider to charge the selected payment method. You are responsible for any bank, foreign-exchange or third-party charges. Access may be withheld while payment is overdue or reversed.
8. Licence for digital products and downloads
Unless a product page or written licence says otherwise, a purchase gives the named customer a limited, non-exclusive, non-transferable licence to use the material internally for its own business purposes. You may adapt working copies for that internal use and share them with your employees and contractors who need them and are bound to protect them.
You must not resell, sublicense, publish, upload to a shared template library, distribute outside the licensed organisation, use the material to create a competing product or service, remove ownership notices, or represent Forward Matter material as your own. A licence is not a transfer of intellectual-property ownership.
9. Delivery, access, cancellations and refunds
Digital products are supplied electronically to the email address or account used for the order. You are responsible for supplying correct contact details and maintaining compatible software and secure access. Tell us promptly if a file or access link does not work so we can provide a repair, replacement or other remedy required by law.
Because digital content may be available immediately, a change of mind does not automatically create a right to a refund. This does not limit any remedy available under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable law. Any product-specific cancellation or refund terms displayed before purchase also apply.
10. Forward Matter intellectual property
Forward Matter or its licensors own all rights in the website and its content, including the Forward Matter name and marks, the Execution System, Health Check structure and questions, written material, diagrams, methods, templates, playbooks, design and software. All rights not expressly granted are reserved.
You may view the website and make a reasonable number of copies for personal evaluation or legitimate internal business use. You may quote brief extracts with clear attribution and a link to the source. Any other copying, scraping, training of a commercial model, republication, modification, distribution or commercial exploitation requires our prior written permission.
11. Material you provide
You retain ownership of information and material you provide. You give us a non-exclusive licence to host, copy, process and use it only as reasonably necessary to operate the site, provide the requested product or response, improve our services using aggregated or de-identified insights, meet legal obligations and enforce these terms.
You confirm that you have the right to provide the material and that doing so will not breach confidentiality, privacy, intellectual-property or other rights. Do not send highly sensitive, legally privileged or security-critical information through general website forms.
12. Acceptable use
You must not use the website to break the law; infringe rights; introduce malware; test or bypass security; gain unauthorised access; overload or disrupt the service; scrape or harvest data at scale; misrepresent identity or authority; submit unlawful, deceptive or harmful content; or help another person do any of those things.
You must not reverse engineer the Health Check or digital products, systematically extract their content, automate submissions, or use their structure or output to develop a competing diagnostic, training product or consultancy offer.
13. Third-party services and links
The site may rely on third parties for hosting, payments, forms, email, analytics or product delivery, and may link to external websites. Third parties operate under their own terms and privacy practices. We do not control and are not responsible for external content or services, although we remain responsible where the law requires.
14. Availability and security
We aim to keep the site accurate, secure and available, but do not promise uninterrupted, error-free or vulnerability-free operation. We may change, suspend or withdraw any site feature or free resource. You are responsible for using current security protections, keeping copies of purchased downloads and verifying that any file is suitable for your systems.
15. Warranties and disclaimers
To the maximum extent permitted by law, the website, free tools and general content are provided “as is” and “as available”. We exclude implied warranties, representations and conditions that may lawfully be excluded. We do not warrant that content will be complete, current, suitable for a particular purpose or produce a particular result.
Any examples, illustrative profiles or prior experience are context, not a promise that another organisation will achieve the same outcome.
16. Limitation of liability
To the maximum extent permitted by law, Forward Matter is not liable for loss of profit, revenue, opportunity, anticipated savings, goodwill or data, or for indirect, consequential, special or punitive loss arising from the website, a free tool or a digital product.
For any claim connected with a paid digital product, our total aggregate liability is limited to the amount you paid for that product. For any other paid supply governed by these terms, our total aggregate liability in any 12-month period is limited to the fees paid to us for the specific supply giving rise to the claim during that period. Our liability for consulting services is governed by the relevant engagement agreement.
The exclusions and caps in this section do not apply where liability cannot lawfully be excluded or limited. You must take reasonable steps to avoid or reduce any loss.
17. Indemnity for misuse
To the extent permitted by law, you indemnify Forward Matter against reasonable losses, liabilities and costs arising directly from your unlawful use of the site, material you provide that infringes another person’s rights, your unauthorised distribution or commercial exploitation of our intellectual property, or your material breach of the acceptable-use obligations. This indemnity is reduced to the extent our act or omission caused the loss.
18. Suspension and termination
We may restrict or end access where we reasonably believe you have materially breached these terms, created a security or legal risk, failed to pay an amount due, or misused our intellectual property. Where practical, we will give notice and a reasonable opportunity to remedy the breach. Clauses intended to operate after termination—including payment, intellectual property, disclaimers, liability, indemnity and dispute terms—continue to apply.
19. Privacy and electronic messages
Our Privacy Notice explains how we collect, use, store and disclose personal information under the Privacy Act 2020. Where you opt in to marketing, you may unsubscribe at any time. Service messages about an enquiry, order, result or engagement are not marketing messages.
20. Changes to these terms or the site
We may update these terms to reflect changes to the site, our products or the law. The updated terms apply from the date posted. If a change materially affects an existing paid product or licence, we will take reasonable steps to notify affected customers and will not retrospectively remove rights already acquired unless required by law or agreed with you.
21. Complaints and disputes
Please send a complaint to hello@forwardmatterconsulting.co.nz with enough information for us to understand the issue. The parties will first try in good faith to resolve the dispute through direct discussion. Nothing in this clause prevents either party seeking urgent interim relief or using a statutory complaints process, the Disputes Tribunal or another forum available by law.
22. Governing law and general terms
New Zealand law governs these terms. You and Forward Matter submit to the non-exclusive jurisdiction of the New Zealand courts. The Contract and Commercial Law Act 2017 applies to electronic communications and transactions where relevant.
If any provision is invalid or unenforceable, it will be read down or severed without affecting the remaining provisions. A delay in enforcing a right is not a waiver. You may not assign your rights under these terms without our written consent; we may assign ours as part of a genuine transfer or restructuring of the business, subject to applicable law. These terms and any applicable product-specific terms form the entire agreement about use of the website and digital products.