Effective date: March 23, 2026 · Last updated: March 23, 2026
These Terms of Use (“Terms”) govern your access to and use of the Pivotal Catalyst website at pivotalcatalyst.co.nz (“Site”), and any services, bookings, accounts, resources, or other interactions you have with us through or in connection with the Site. By accessing the Site, booking a service, submitting a form, creating an account, or otherwise engaging with us, you agree to be bound by these Terms. If you do not agree, please do not use the Site. These Terms apply in addition to any separate engagement letter, proposal, or service agreement we enter into with you. Where there is any inconsistency, the written engagement agreement will take precedence.
Your continued use of the Site constitutes acceptance of these Terms as they stand from time to time. If you are using the Site on behalf of an organisation or entity, you represent that you have authority to bind that organisation to these Terms.
You must be at least 18 years of age to use this Site, book services, or enter into any agreement with Pivotal Catalyst. By using the Site, you represent and warrant that you meet this requirement. This Site is intended for business and professional users. It is designed for clients and prospective clients located in New Zealand, Australia, and the United States, but we may work with clients in other jurisdictions at our discretion.
You may access and use the Site for lawful purposes only. You agree not to: use the Site in any way that violates applicable laws or regulations; upload, transmit, or distribute any harmful, misleading, defamatory, or unlawful content; attempt to gain unauthorised access to any part of the Site or its underlying systems; interfere with or disrupt the operation of the Site or its infrastructure; use automated tools, scrapers, bots, or crawlers to extract data from the Site without our prior written consent; or misrepresent your identity or affiliation when using the Site or contacting us. We reserve the right to restrict or terminate your access to the Site at any time if we believe you have breached these Terms or are using the Site in a way that is harmful to us or others.
Certain features of the Site may require you to create an account. When creating an account, you agree to provide accurate and current information, including your name, email address, phone number, company name, and a secure password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You should not share your login details with any third party. If you become aware of any unauthorised use of your account, you must notify us promptly at Help@PivotalCatalyst.co.nz. We reserve the right to suspend or terminate your account where we reasonably believe there has been a security breach, misuse, or violation of these Terms. Account-related personal information is handled in accordance with our Privacy Policy.
We take care to ensure the content on the Site is current and accurate, but we do not warrant that all information is complete, error-free, or suitable for any particular purpose. Website content is provided for general informational purposes only and does not constitute professional advice. Nothing on this Site constitutes legal, financial, tax, investment, or regulatory advice. You should obtain independent professional advice before relying on any information published here for business decisions.
Pivotal Catalyst provides strategic consulting, market-entry advisory, and diagnostic services to businesses seeking to enter or scale in international markets, with a particular focus on the United States. Our flagship offering is the US Entry Architecture and the US Unit Economics Stress Test Diagnostic.
Services may be booked through our online calendar booking tool, a completed application or inquiry form submitted via the Site, or direct email to Help@PivotalCatalyst.co.nz. Submitting a booking request or completing a form does not by itself create a binding engagement. A confirmed engagement commences when we have accepted your booking, issued a proposal or scope of work, and received the required upfront payment.
Services are generally quoted on a case-by-case basis depending on scope, complexity, and timeframes. Any fees stated on the Site are indicative only and subject to formal confirmation in a proposal. We reserve the right to revise pricing at any time, but will not change fees after a proposal has been formally accepted by both parties.
Unless otherwise agreed in writing, our standard payment structure is 50% of the agreed fee payable upfront before work commences, and the remaining 50% payable upon completion of the engagement or delivery of final deliverables. Invoices are issued electronically and payable within the timeframe specified on the invoice. Payments are processed through Stripe or such other payment method as we agree in writing. You are responsible for all transaction fees imposed by your bank or payment provider. We may suspend work or withhold deliverables where payment is overdue.
You may cancel a booked engagement at any time up to and including the scheduled start date. If you cancel before work has commenced and the upfront payment has been received, we will refund the upfront payment in full, less any non-refundable administrative or booking fees. If cancellation occurs on the day the engagement is due to start, the upfront 50% payment is retained by Pivotal Catalyst.
Once an engagement has commenced, the upfront 50% is non-refundable and will be retained by Pivotal Catalyst. The remaining 50% balance will be pro-rated based on work completed to the date of termination. Any documented third-party costs or out-of-pocket expenses incurred by Pivotal Catalyst in connection with the engagement up to the date of cancellation will be invoiced and payable in full. “Commenced” means we have begun substantive work on your engagement following receipt of the upfront payment, including but not limited to research, analysis, strategy development, stakeholder preparation, or delivery of any materials.
Requests to reschedule a booked session or engagement start date should be submitted as early as possible to Help@PivotalCatalyst.co.nz. We will accommodate reasonable rescheduling requests at our discretion. Repeated or short-notice rescheduling may be treated as a cancellation.
Our Diagnostic product (including the US Unit Economics Stress Test and any other product marketed as a diagnostic or assessment) is sold as a completed analysis product and is non-refundable once booked and payment has been received. No refund will be issued for any reason after payment, including dissatisfaction with the findings, a change in your business circumstances, or a decision not to proceed with US market entry.
Nothing in this clause limits any rights you may have under applicable consumer protection legislation that cannot lawfully be excluded. In New Zealand, this includes certain guarantees under the Consumer Guarantees Act 1993. In Australia, the Australian Consumer Law under the Competition and Consumer Act 2010 provides non-excludable guarantees for certain services. Where those protections apply and cannot be contracted out of, they continue to apply to the extent required by law.
Pivotal Catalyst reserves the right, at our reasonable discretion, to: decline any booking or inquiry without being required to provide reasons; refuse to engage with any individual or organisation; suspend or pause an engagement where we have reasonable grounds, including non-payment or behaviour that is abusive, misleading, or obstructive; or terminate an engagement with written notice where continued engagement is no longer practicable or appropriate. In the event of termination by us (other than for your breach), any fees paid for work not yet performed will be refunded on a pro-rated basis.
Certain downloadable resources — including guides, frameworks, checklists, templates, and other materials — are available on the Site following submission of a contact form or registration of your details. By requesting access to these resources, you consent to us contacting you in accordance with our Privacy Policy and applicable marketing communications laws. All downloadable resources are provided for informational purposes only and do not constitute professional advice. All downloadable resources are and remain the intellectual property of Pivotal Catalyst. You may use them for your own internal business purposes but may not reproduce, redistribute, sell, or publish them without our prior written consent.
If you subscribe to our newsletter or mailing list, or request downloadable resources, we may send you email communications including updates, insights, and information about our services. All marketing emails will include an unsubscribe mechanism. You may opt out at any time. Our email marketing is conducted in compliance with applicable laws including the New Zealand Unsolicited Electronic Messages Act 2007 and, where relevant, the Australian Spam Act 2003 and US CAN-SPAM Act.
All content on this Site, and all intellectual property owned or used by Pivotal Catalyst, is and remains the property of Pivotal Catalyst or its licensors. This includes without limitation the Pivotal Catalyst name, logo, brand assets, and visual identity; all website copy, design, and imagery; frameworks, diagnostic models, methodologies, and strategic tools; templates, checklists, and downloadable resources; and know-how, processes, and systems developed or used in delivering services. Nothing on this Site grants you any licence or right to use our intellectual property except as expressly set out in these Terms or agreed in writing.
Where you have engaged Pivotal Catalyst for paid consulting work, you own the final bespoke deliverables (such as a written strategy document, market entry plan, or analysis report) produced specifically for you, once all fees for the engagement have been paid in full. Pivotal Catalyst retains ownership of all background IP, underlying materials, frameworks, methodologies, models, tools, templates, know-how, and reusable systems that were used to create or are embedded in those deliverables, regardless of whether they were developed before or during the engagement. To the extent that any Pivotal Catalyst background IP is embedded in your deliverables, we grant you a non-exclusive, non-transferable licence to use that embedded IP as part of the deliverables for your own internal business purposes only.
By sharing information, materials, or data with us in connection with an engagement, you grant us a limited licence to use that material solely for the purpose of delivering the services. We will not use your confidential client information for any other purpose.
We will not publish your name, logo, or likeness, or reference your organisation in case studies, testimonials, or marketing materials without your prior written consent.
We use a range of third-party tools and platforms to operate the Site and deliver our services. These currently include Google Analytics, Meta Pixel, LinkedIn Insight Tag, Stripe, HubSpot, Mailchimp, Calendly, Google Workspace, and Webflow. Your use of these platforms through our Site may be subject to their own terms and privacy policies. We are not responsible for the content, practices, or performance of third-party services. The Site may contain links to external websites provided for convenience only. We do not endorse and are not responsible for the content, accuracy, or reliability of any linked third-party website.
Your privacy matters to us. The way we collect, use, store, and protect personal information is described in our Privacy Policy, which forms part of your agreement with us and is available on the Site. We use cookies and similar tracking technologies on the Site. By continuing to use the Site, you consent to our use of cookies in accordance with that policy.
To the maximum extent permitted by law, this Site and all content, information, and materials on it are provided on an “as is” and “as available” basis without warranties of any kind, express or implied. We do not warrant that the Site will be continuously available, error-free, or free of viruses or other harmful components.
Pivotal Catalyst provides strategy, advisory, and diagnostic services. We bring genuine expertise, rigorous thinking, and a track record of execution — but we cannot and do not guarantee outcomes. Specifically, and without limitation, we make no warranty or representation that engaging our services will result in: successful entry into the US or any other market; commercial success, revenue growth, or profitability; securing funding, investment, or partnerships; legal or regulatory compliance in any jurisdiction; or any particular business outcome, result, or return on investment. Strategy is inherently uncertain. Our work informs your decision-making; it does not determine your results.
Unless we have entered into a formal engagement agreement with you, nothing in our communications, website content, or downloadable resources creates a professional advisory, legal, financial, or fiduciary relationship between you and Pivotal Catalyst.
To the maximum extent permitted by applicable law: Pivotal Catalyst’s total liability to you in connection with any engagement, service, or use of the Site is capped at the total amount of fees actually paid by you to Pivotal Catalyst in respect of the specific service or engagement giving rise to the claim; and we are not liable for any indirect, consequential, special, incidental, or punitive loss or damage, including loss of profits, loss of revenue, loss of data, loss of opportunity, or reputational harm, even if we have been advised of the possibility of such losses. These limitations apply to all claims, whether based in contract, tort, negligence, statute, or otherwise. Nothing in these Terms excludes liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
You agree to indemnify, defend, and hold harmless Pivotal Catalyst and its directors, employees, contractors, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with: your breach of these Terms; your misuse of the Site or our services; any content, information, or materials you provide to us that infringes a third party’s rights or is inaccurate, misleading, or unlawful; or your violation of any applicable law or regulation.
These Terms are governed by the laws of New Zealand. Any disputes arising out of or in connection with these Terms or your use of the Site will be subject to the exclusive jurisdiction of the courts of Auckland, New Zealand.
We acknowledge that users may access the Site from Australia, the United States, or other jurisdictions. Nothing in these Terms limits or excludes any mandatory consumer rights or protections that apply to you under the laws of your jurisdiction and which cannot lawfully be excluded by agreement.
Before commencing formal proceedings, we encourage you to contact us at Help@PivotalCatalyst.co.nz to seek resolution in good faith. We will use reasonable efforts to resolve disputes directly and promptly.
We may update these Terms from time to time to reflect changes in our services, technology, legal requirements, or commercial practice. When we make material changes, we will update the “Last updated” date at the top of this page. Your continued use of the Site following any update constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.
Severability: If any provision of these Terms is held to be invalid, unlawful, or unenforceable, it will be severed from the remaining Terms, which will continue in full force and effect. Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future. Entire agreement: These Terms, together with our Privacy Policy, Cookie Policy, and any engagement-specific agreement, constitute the entire agreement between you and Pivotal Catalyst with respect to your use of the Site. No agency: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Pivotal Catalyst.
If you have any questions about these Terms, please contact us:
Pivotal Catalyst L1/345 Tamaki Drive, St. Heliers, Auckland, New Zealand 1071
Help@PivotalCatalyst.co.nz