TERMS OF USE - NeuroSales Capability Lab
Please read carefully, as this pertains to the agreement of your registration with any of the programmes sold (sometimes referred to as “Programme”) by Executive Consulting and Coaching Ltd, trading as NeuroSales Capability Lab™ (sometimes referred to as “Company”).
By purchasing our programmes, you (sometimes referred to as “Client”) agree to the following terms.
PROGRAMME The Company agrees to provide course content and coaching to help Clients and their teams improve sales performance through neuroscience-based sales training. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of participation in any of our Programmes.
DISCLAIMER Client understands that Jason Dinan and the Company are not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, financial analyst, psychotherapist, or accountant. Client understands that participation in any Programme will not treat or diagnose any disease, illness, or ailment, and if they experience any such issues they should see their registered physician or other practitioner as determined by their own judgement.
Client understands that neither Jason Dinan nor the Company has promised, nor shall be obligated to:
- Guarantee success in business, results, or sales for the Client or the Client’s team, outside of the Guarantee set out in the separate Refund Policy.
- Provide assistance, as either coach or mentor, with consultations for future business contracts made by Client.
- Procure any publicity, social media exposure, interviews, write-ups, features, television, or print promotions for the Client.
- Introduce Client to Jason’s full network of contacts, media, or business partners.
- Client understands that no ongoing relationship exists between the Parties after the conclusion of the Programme.
FINANCIAL OBLIGATION Client is responsible for completing all payment plans associated with any Programme they purchase. The Company reserves the right to seek recovery of any monies remaining unpaid via a collection agency.
METHODS OF PAYMENT We accept Visa, Mastercard, American Express, and PayPal as forms of payment. If Client chooses to pay by monthly instalments, they authorise the monthly charge for the Programme on their credit card or debit card.
REFUNDS Refunds are governed by our separate Refund Policy, which sets out the Programme Guarantee. If you have any questions, contact us at [email protected].
CONFIDENTIALITY The Company respects Clients’ privacy and insists that the Client respects ours as well. Consider this a mutual non-disclosure agreement. Any confidential information shared by Company participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Client or representative who discloses it. The Parties agree not to disclose, reveal, or make use of any confidential information or transactions discussed during the Programme, in any forum, or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with other Clients, or with Jason, during the respective Programme. Confidential information includes, but is not limited to, information disclosed in connection with this Agreement, and does not include information rightfully obtained from a third party.
Both Parties will keep private information in strictest confidence and will use their best efforts to safeguard confidential information and protect it against disclosure, misuse, loss, and theft.
Client agrees not to violate the publicity or privacy rights belonging to the Company. Client will not reveal any information to a third party obtained in connection with this Agreement or our dealings with Client, including but not limited to names, email addresses, third-party company titles or positions, phone numbers, or postal addresses. Client will not, at any time, directly or indirectly, disclose confidential information to any third party.
By purchasing our Programmes, you agree that if you violate or display any likelihood of violating this Agreement, the Company and/or other Programme participants will be entitled to injunctive relief to prohibit such violations and protect against the harm they cause.
CLIENT RESPONSIBILITY Programmes developed by the Company are for strictly educational and training purposes only. Client accepts and agrees that Client is 100% responsible for their own progress and results, and for their team’s progress and results, from the Programme, beyond the Guarantee set out in the separate Refund Policy. The Company makes no representations, warranties, or guarantees verbally or in writing except as set out in that Guarantee. Client understands that results experienced by each Client and team may vary significantly. Client acknowledges that, as with any business endeavour, there is an inherent risk and no guarantee that Client will reach their goals as a result of participation in the Programme. The Company’s Programme education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual or organisation. The Company assumes no responsibility for errors or omissions that may appear in any Programme materials.
MISCELLANEOUS
LIMITATION OF LIABILITY Client agrees they use the Company’s services at their own risk and that the Programme is only an educational and training service. Client releases the Company, its officers, employees, directors, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, participants, and related entities, as well as the venue where the Programme is held (if applicable) and any of its owners, executives, agents, or staff (“Releasees”), from any and all damages that may result from any claims arising from this Agreement, and all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from Client’s participation in the Programme. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to, direct, indirect, incidental, special, negligent, consequential, or exemplary damages arising from the use or misuse of the Company’s services or enrolment in the Programme. The Company assumes no responsibility for errors or omissions that may appear in any of the Programme materials.
NON-DISPARAGEMENT The Parties agree and accept that the only venue for resolving a dispute is the venue set out below. The Parties agree that neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees, or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support, or participate in any of the foregoing) any remark, comment, message, or other statement of any kind, whether verbal, written, or electronically transferred, that might reasonably be construed as derogatory or critical of, or negative toward, the Company or any of its Programmes, members, owners, directors, officers, affiliates, employees, agents, or representatives.
INDEMNIFICATION Client shall defend, indemnify, and hold harmless the Company, the Company’s officers, employees, contractors, directors, related entities, and successors from and against any and all liabilities and expenses whatsoever, including without limitation claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Programme, excluding any expenses and liabilities resulting from a breach of this Agreement or sole negligence or wilful misconduct by the Company or its affiliates or successors. Client shall defend the Company in any legal or regulatory actions arising from or related to this Agreement. Client recognises and agrees that the Company’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of Client’s payment for the right to participate in the Programme, the undersigned, and their heirs, executors, administrators, successors, and assigns, release, waive, discharge, indemnify, defend, and hold harmless the Company and its principals, directors, employees, agents, and successors, and any training instructors, guides, staff, or other participants, as well as the venue where the Programme is held (if applicable) and any of its owners, executives, agents, or staff (“Releasees”), from all actions, causes of action, contracts, claims, suits, costs, demands, and damages of whatever nature or kind in law or in equity arising from Client’s participation in the Programme.
NO TRANSFER OF INTELLECTUAL PROPERTY The Company’s Programmes are copyrighted and original materials provided to Client are for Client’s individual (or, where the Programme is delivered to a team, that team’s) use only, under a single-organisation licence. Client is not authorised to use any of the Company’s intellectual property for Client’s own business purposes. All intellectual property, including the Company’s copyrighted programme and/or course materials, remains the sole property of the Company. No licence to sell or distribute the Company’s materials is granted or implied. By purchasing this Programme, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any confidential information shared by the Company is confidential and proprietary and belongs solely and exclusively to the Company, and (3) not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Client agrees that if Client violates, or displays any likelihood of violating, any of the agreements in this paragraph, the Company will be entitled to injunctive relief to prohibit such violations and protect against the harm they cause.
INDEPENDENT CONTRACTOR STATUS Nothing in this Agreement is to be construed as creating a partnership, joint venture, alliance, or any other similar relationship. Each Party is an independent contractor in its performance under this Agreement and retains control over its personnel and the manner in which they perform. In no event shall such persons be deemed employees of the other Party by virtue of participation or performance under this Agreement.
FORCE MAJEURE In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation, threats or acts of terrorism, travel advisory, labour strike, or civil disturbance, makes it inadvisable, illegal, or impossible, because of unreasonably increased costs or risk of injury, for the Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to that occurrence.
SEVERABILITY/WAIVER If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for in this Agreement will not be deemed a waiver of that right or any further rights.
ASSIGNMENT Client may not assign this Agreement without the express written consent of the Company.
MODIFICATION The Company may modify the terms of this Agreement at any time. All modifications will be posted on the Programme’s website and purchasers will be notified.
TERMINATION The Company is committed to giving all Clients a positive Programme experience. By purchasing this Programme, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Programme without refund or forgiveness of monthly payments if Client becomes disruptive to the Company or other participants, fails to follow the Programme guidelines, is difficult to work with, impairs the participation of other participants, or otherwise violates the terms of this Agreement as determined by the Company. Client remains liable to pay the total contract amount.
RESOLUTION OF DISPUTES If not resolved first by good-faith negotiation between the Parties, all claims against the Company must be lodged within 100 days of the date of the first claim or be forfeited. Where the Parties agree to arbitration, it shall occur within ninety (90) days from the date of the initial arbitration demand, and the Parties shall cooperate to ensure the process, including discovery, is completed within that period. The written decision of the arbitrator(s) (which will provide for the payment of costs) will be binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction. In disputes involving unpaid balances owed by Client, Client is responsible for any and all arbitration and attorneys’ fees.
EQUITABLE RELIEF Where a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES Any notices to be given under this Agreement by either Party to the other may be given by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Notices delivered personally are deemed communicated as of the date of actual receipt; mailed notices are deemed communicated three (3) days after the date of mailing. “Personal delivery” includes notice by email: [email protected]. This Agreement is binding upon and inures to the benefit of the Parties, their respective heirs, executors, administrators, successors, and permitted assigns. Any breach or failure to enforce any provision of this Agreement does not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all previous discussions, negotiations, proposals, agreements, and understandings between them relating to that subject matter. This Agreement is governed by and construed in accordance with the laws of New Zealand.
PERFORMANCE DISCLAIMER Every effort has been made to accurately represent the NeuroSales Capability Lab™ Programme and its potential. Results depend on the individual Client, their team, and the actions they take, and will vary from team to team. Nothing in the Programme or its materials is a promise or guarantee of specific sales results or performance outcomes, except as expressly set out in the Guarantee in our separate Refund Policy. Any case studies or examples of past results referenced in our materials can be verified on request; they are illustrative only and are not a guarantee that you or your team will achieve the same or similar results.
If you do not understand or agree with any of these conditions, please do not register for the Programme. If you require further clarification, please contact [email protected].
Last Updated: 22 September 2026