TERMS & CONDITIONS
Version Date: 10TH March 2022
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR PURCHASING ANY ONLINE GOODS OR SERVICES
When These Terms Apply
This website (Site) is operated by Tu Kaha Kahui Limited, a company incorporated in New Zealand under company number 3383361 (referred to as “we”, “our” or “us” in these terms).
These Terms together with our Privacy Notice apply to all Site visitors, subscribers to our services, clients, customers, and all other users of the Site (referred to as “user”, “you” and “your” in these terms).We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site.
Your use of this website
Your purchases from our online store
Our ownership of the content and templates we sell
The rules around use of our content
Payment terms and payment gateways
The limits on our liability and guarantees
The law that applies to your purchases and use of this Site
How you accept You accept these terms when you access or use this Site plus any other materials made available to you such as guides, blog, eBooks, online consultations, webinars, checklists, free consultations, videos plus any purchase and download of any materials or courses (referred to as “Online Goods and Services” in these terms) provided on this Site.
Your promises about you
By using the Site, accessing or purchasing any Online Goods and Services, you warrant that:
you are over 18 years of age and have the legal capacity to enter a legally binding contract;
have read and accepted these Terms; and
will comply with these Terms.
If you use this Site on behalf of someone else
If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
Supplemental Terms May Apply
These Terms supplement and incorporate our policies and terms and conditions posted within the Online Goods and Services you purchase from us.
Third Party Sites
Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse, or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
No Professional Advice
No professional advice You acknowledge and accept that your use or purchase of any Online Goods and Services does not constitute professional advice. It is information only.
All content, including the Online Goods and Services made available to you on this Site, contains general information about different areas of the law and does not consider your specific needs, objectives or circumstances.
Licence to use Online Materials is for your personal or specific business use only When using, accessing or downloading our materials, we grant you a non-exclusive, royalty-free, revocable license to use this document for the purposes of using this document in your business or for personal use only.
Prohibition on sharing
You may not assign or transfer the online materials to any other person without our express written consent. Where you share with your advisors, we do not grant them a licence. We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.
No guarantees from us regarding fitness for purpose
You accept and acknowledge that whilst we confirm that our online materials are authored by qualified personnel for the country, territory or state for which they are offered or sold, we do not provide any warranties or guarantees regarding the online materials and make no representations that they are suited to your specific needs.
No Commercial Use or Sharing of our Templates or Information Content
YOU AND YOUR ADVISORS MAY NOT TRANSFER, ON-SELL OR REPURPOSE OUR TEMPLATES
No Commercial Use or Sharing No online materials e may be copied, reproduced, transmitted electronically or otherwise used in any way in whole or in part for the purpose of commercial gain by you or any third party.
Audits regarding infringement We reserve all rights, from time to time and at our sole discretion, to perform online audits using available third party technology and search tools to establish if any breach of these terms and infringement of our intellectual property rights has occurred. This is subject to applicable privacy and cyber security laws which we shall not breach in the performance of such audits.
Failure to Access Online Goods and Services
If Downloads Fail Where you have purchased a download and it fails to download you must email us within forty eight (48) hours of your download or purchase. Where this is a purchase, you must provide the receipt number, the date of purchase and your details to enable us to locate your online purchase.
Manual transmission permitted If we cannot rectify the issue relating to the download, we reserve all rights to manually transmit the Online Goods and Services to you using email or other alternative transmission methods at our sole discretion.
No refunds due to technical or download failures
Subject to all applicable laws, our sole liability in respect of a technical issue or download failure is limited to a re-transmission of the Online Goods and Services. We will not offer a refund solely due to the failure of a download and where an alternative form of transmission is available but rejected by you.
Creation of Account
You can browse and view the Site as an unregistered user.
Creation of Account
You may be required to register and create an account (Account) with us to access some features for Online Goods and Services.
Information for Accounts
You must provide basic information when registering for an Account including name, email address, and location. Any username you choose to use must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
Once you have registered an Account, your account information will be used to create a profile that you may then curate (Profile). Your Profile is personal, and you must not transfer it to others, except with our written permission.
Keeping your account details up to date You must provide accurate, current, and complete information during the registration process and you must update such information to keep it accurate, current, and complete.
Keep your Account details confidential
You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether you authorised such activities or actions or not.
Inform us if there is unauthorised use You will immediately notify us of any unauthorised use of your Account. At our sole discretion, we may refuse to allow any person to register or create an Account and will always refuse access to persons aged 18 years or under.
Suspension or withdrawal of Accounts We reserve the right to suspend, withdraw or cancel your Account at any time, in our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation or use of the Online Goods and Services.
Payment gateway We use the Go Cardless Payment Gateway for our online card transactions.
No access to your card details
We do not have access to your full card number, and your applicable debit or credit card payment is secured by Go Cardless. Please visit https://gocardless.com/en-nz/ for more information.
Bank deposit Any options to pay via a bank deposit is for our New Zealand customers only. You will be sent by email our bank account details to make payment into our account for any consultation services only.
All prices are in New Zealand Dollars, and we charge your credit or debit card in New Zealand dollars. If you live outside New Zealand, the New Zealand amount will be charged to your card using your provider's current exchange rates.
Exchange and transaction fees
Please remember that buy/sell exchange rates can be different depending on when your card provider processes the transaction, so the amount that appears on your card statement may be slightly different to the converted invoiced amount. Card companies may also charge international payment fees and/or commission for selling you foreign currency. Please contact your card provider directly for their terms and conditions.
Additional Payment Methods
We may set out or offer several payment methods on this Site. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third-party payment processor; please review these terms and conditions before using your selected payment method.
Exclusion of competitors
You are prohibited from using our Information Content and any Online Goods and Services, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, however arising, whether direct or indirect and/or whether present, unascertained, future or contingent we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Intellectual Property rights
Our Intellectual Property The Site and Online Goods and Services contain intellectual property owned by us, including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software.
No Transfer of Rights
Your use of the Site, purchase or download of any Online Goods and Services and access to any Information Content does not grant or transfer any rights, title or interest to you in relation to this Site, the Online Goods and Services or the Information Content.
For any Information Content or Online Goods and Services that are downloaded by you or to which you are granted access, we grant you a limited, personal, non-exclusive, non-transferable license to use such content or services for your own personal and internal business use.
No Infringement by You Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Information Content or Online Goods and Services in any manner, except for modifications in completing the Information Content or Online Goods and Services for your authorised use.
No Removal of Copyright Notices
You shall not remove any copyright notice from any of the Information Content or Online Goods and Services. Doing so may infringe on our intellectual property rights
The Online Goods and Services provided on the Site are solely provided for the purposes of trade between business to business. To the extent permitted by applicable laws in your country of residence, the Consumers Guarantees Act 1993 (for New Zealand users of the Site) does not apply.
Warranties and Disclaimers
Exclusions This Site and all Online Goods and Services are provided on an “as is” and “as available” basis and to the fullest extent permitted by law, we make no representations or warranties about our Online Goods and Services including (without limitation) that:
they are suitable, complete, accurate, reliable, up-to-date, and suitable for any particular purpose
access will be uninterrupted, error -free and free from harmful components (including viruses) or other code that is harmful or may assist in causing harm
there is no possibility of failure to store communications or other data
Limits of Liability
Despite anything to the contrary, to the maximum extent permitted by law we will not be liable to you for any direct or indirect loss of any kind.
To avoid any confusion, this means that we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Release from liability
Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
loss of, or damage to, any property, or any injury or loss to any person.
failure or delay in providing the Online Goods and Services; or
breach of these Terms or any law, where caused or contributed to by any:
event or circumstance beyond our reasonable control.
a fault, defect, error, or omission in your computing environment; or
act or omission of you or your related parties,
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
Remedies for Default
Your sole remedy for a failure by us to provide the Online Goods and Services is a refund of the online purchase price. This is solely limited to where the download or transmission of the Online Goods and Services is unsuccessful and cannot be remedied by a manual transmission (but not where you refuse an alternative method of transmission).
You acknowledge and agree that you use the Online Goods and Services at your own risk.
No Implied Warranties You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
Indemnity from You to Us
Indemnity from you to us To the maximum extent permitted by law, you agree to indemnify us, and hold us and our related entities, affiliates, officers, agents and employees harmless, against any loss, liability, claim or demand (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising from your use of this Site in violation of these Terms or due to any breach of these Terms or any applicable laws by you.
This indemnity is a continuing obligation, independent from the other obligation under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.
Updates to Information Content
Materials and information on this Site (Information Content) are subject to change without notice. We do not undertake to keep our Site up-to-date, and we are not liable if any Information Content is inaccurate or out-of-date or does not meet your specific purposes or needs.
Your use of our Site and these Terms are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Testimonials and Reviews
We can re-post reviews you leave Where you leave us a review, you accept and acknowledge that we may pre-post, copy or repurpose this for our marketing and promotional purposes.
Testimonials Where you consent to supply us with a testimonial, you are granting us permission to publish this, including your image, name, business name and logo.
If you have any complaint about our Site or Online Goods and Services, please contact us via our contact page stating your name, contact details and nature of your complaint.
We shall use all reasonable endeavours to respond to you within a reasonable timeframe.
Version Date: 1 December 2021
Our commitment to your privacy
Thank you for choosing to be part of our community at Tu Kaha Kahui Limited. We respect your right to privacy and your right to view and update the personal information we hold about you. We are committed to protecting your privacy when you visit our website or contact us in any way.
This Notice sets out how:
We collect, use, disclose and protect your personal information.
This Notice does not limit or exclude any of your rights under the Privacy Act 2020 (and any amendments).
If you wish to seek further information on the Act, see www.privacy.org.nz.
If you have any questions or concerns about our Notice, or our practices with regards to your personal information, please contact us through the Contact section on our Site.
Please read this Notice carefully as it will help you make informed decisions about sharing your personal information with us.
When this Notice applies
This Notice applies to all information collected through any one or more of:
Any mobile application
Facebook application (including messenger)
Chatbot application (if applicable)
Training platform forums or portals
Sales, marketing, or in-person events.
Collectively, all the above is known as your “personal information".
By using our services, or supplying your personal information through any of the above mediums you voluntarily provide us with your personal information.
This includes when you register with us, express an interest in ,get information from us, take part in events with us and otherwise contact us. If you disagree with this Notice, please stop using our services.
Collecting your personal information
If you access any of our services or products (including our visiting our Site or mobile application, Facebook application, Instagram application, training programmes, sales events or signing up for our newsletter or downloads), you may need to provide us with some or all of the following personal information:
Your email address
Your social media contact information
Your payment details (if applicable) noting we will only use an encrypted third-party payment handling service for these purposes.
Using your personal information
We collect and use your personal information to:
Provide services and products to you.
Administer digital access to our products or services efficiently.
Conduct market research if you agree to participate in that.
Tell you about our new products, services, and promotions.
Customise our marketing and advertising.
Improve the services and products that we provide to you.
Bill you and to collect money that you owe us, including authorising and processing credit card transactions.
Respond to communications from you.
Keep our services safe and protected.
Protect and/or enforce our legal rights and interests, including defending any claim.
For any other purpose authorised by you or the Privacy Act.
Disclosing your personal information
We may disclose your personal information to any of the following:
any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the website or other services and products.
other third parties (for anonymised statistical information)
a person who can require us to supply your personal information (e.g. a regulatory authority).
trusted third parties to customise our marketing and advertising or for any other legitimate business purpose (such as getting advice from professionals or our business partners).
any other person authorised by the Act or another law (e.g. a law enforcement agency).
any other person authorised by you.
We do not authorise third parties to use or disclose your personal information except for the purpose of providing the service we request from them.
We will use the information we receive only for the purposes that are described in this Notice or that are otherwise made clear to you on our services.
We do not control all the use of your personal information when you post online Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider.
We recommend that you review their privacy Notice to understand how they collect, use, and share your personal information, and how you can set your privacy preferences on their sites and apps.
When non-Personal Information may be collected
By using our services, you may provide us with other information, such as data collected from surveys and comments you make on online forums. When you use them, we may automatically collect certain information from you as well.
This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our services and other technical information.
This information is primarily needed to maintain the security and operation of our services, and for our internal analytics and reporting purposes.
Using social media platforms to connect with us
We will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, e -mail address, friends list, profile picture as well as other information you choose to make public.
We may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission.
When you submit a comment or review, your first name and last name initial, or your display name (if you have set one), is displayed with your comment.
Please note though that when you share personal information (for example, by posting comments, contributions or other content to our website and social media online course platforms) or otherwise interact with public areas of our services, such personal information may be viewed by all users and may be publicly distributed outside our services forever. This is outside of our control.
If you interact with other users of our services and register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Services or Apps, and view your profile. We strongly advise that you do not post your email address, home address, phone number or other personal information as part of your community contributions.
Sometimes, we might want to use the messages you post in our marketing material. If so, we will endeavor to get your permission before copying or quoting your message and if we cannot get your permission, we will anonymise the post (i.e. remove your name and/or image).
Third Party Payment Gateways
We do not handle or store full credit card details. These are captured directly by a third- party provider who will only deal with your personal information in accordance with the Privacy Act and this privacy Notice.
Changing your personal information
You have the right to view and change any personal information we hold about you at any time. You can do this by contacting us through the Contact section of our website.
We may contact you to:
Clarify details about your membership or digital access.
Respond to any enquiries you make.
Provide any information necessary for the operation and security of our Site.
We may also contact you to advise of changes to our terms and conditions, services or new products or promotions.
You can choose to remove yourself from email marketing communications by following the "unsubscribe" prompt at the bottom of each email.
Links to other websites
Our website may provide links to other websites when we consider you may be interested in the contents of those sites. We do not endorse any third-party sites, or their content and we have no control over the conduct of the companies or organisations operating those sites.
Before you disclose any personal information to another site, we advise you to check its terms and conditions, including its privacy and security policies.
While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.
Changes to this Notice
We may change this Notice by uploading a revised Notice onto our website. The change will apply from the date that we upload the revised Notice.
New Zealand law governs this Notice.
We are committed to dealing quickly and appropriately with any privacy complaints. If you are concerned this privacy Notice may have been breached or your privacy has been compromised, please email us immediately at tukaha.live.com
End of Privacy Notice