Website Use Terms and Conditions
1. SITE OWNER
1.1 This website is owned and operated by Excel at Work Limited (“EAWL”), a registered New Zealand limited liability company.
2. DESCRIPTION OF SERVICES
2.1 This website provides information on our training and consultancy services (“courses”).
3.1 You agree that you have read and understood these Ts&Cs and acknowledge, without limitation or qualification, that these Ts&Cs are binding on you.
3.2 EAWL reserves the right to amend and/or update these Ts&Cs at any time, without notice to you, and you agree to read and understand and be bound by the most recent Ts&Cs that are in effect at the time you access this website.
4. SOFTWARE NOT PROVIDED
4.1 You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment and internet service to use this website.
4.2 This website and the courses do not provide a licence for use of the Microsoft Corporation programs.
5.1 To register for a course, you must provide us with current, complete and accurate information as required, and you must pay the fee (“course fee”) for the course.
5.2 No Certificate of Attendance or Certificate of Achievement issued by EAWL is endorsed by Microsoft Corporation.
6. SITE SECURITY
6.1 EAWL shall use every endeavour to ensure that the information provided through our website is secure, however you acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to or through the website may be read or intercepted by unrelated unauthorised third parties.
6.2 EAWL shall have no liability for the interception or ‘hacking’ of data through this website by unauthorised third parties and any resulting loss to you or any other person or entity.
6.3 Payment of the course fee by credit card is processed through the website of a third party and by making payment in such manner, you are agreeing to the terms and conditions of use of such third party’s website. EAWL shall not be liable for any loss incurred to you through use of such third party’s website.
7. NO UNLAWFUL OR PROHIBITED USE
7.1 This website is only to be used for its intended and lawful use to provide information, and no other intended use. Any use not contemplated by these Ts&Cs is unlawful and unauthorised. The use of this website by anyone who does not have authorised access to it is also unlawful and contrary to these Ts&Cs.
7.2 This website may not be used in any way that violates any national or international laws or regulations and this website may not be used for unlawful, illegal or fraudulent or harmful purposes.
7.3 You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material that can damage and/or disrupt this website and/or any other user’s use and enjoyment of this website.
7.4 You must not conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this website and you must not engage in any reverse engineering utilising this website.
7.6 You shall be liable to EAWL for all losses and liability incurred as a result, whether directly or indirectly, of your unlawful and/or prohibited use of this website and you hereby indemnify and save harmless EAWL against said losses and liability.
8. INTELLECTUAL PROPERTY
8.1 For the sake of clarity, reference to “this website” in this clause 8 shall include any materials contained or published via this website.
8.2 Except for items in the public domain, this website and all materials contained or published on this website (“intellectual property”) are wholly owned by EAWL and/or its content providers. Nothing contained in these Ts&Cs or on this website shall be construed as granting by implication, estoppel or otherwise any licence or right to use any of the intellectual property without the written permission of EAWL or such other party that may own the intellectual property.
8.3 All course materials, slideshows, graphic works, videos, recordings, webinars and photographs appearing on this website that are the original works of EAWL and all written information appearing on this website which prior to its publication on this website comprises the original work of EAWL are in this clause called “The Works”. EAWL is the author and owner of The Works and claims exclusive copyright in them pursuant to the Copyright Act 1994 an Act of the Parliament of New Zealand. The Works were made in Auckland, New Zealand. No person or body corporate shall copy The Works or issue copies of The Works to the public whether by sale or otherwise unless expressly authorised by these Ts&Cs of use of the website or expressly authorised in writing by EAWL . No person or body corporate may show The Works in public or communicate The Works or make any adaption of The Works unless expressly authorised by these Ts&Cs or expressly authorised in writing by EAWL.
8.4 Other than as is expressly authorised on this website, you must not modify or distribute the paper or digital copies of any materials you have acquired from this website. All trademarks, copyrights or any other proprietary notices must always remain intact. You must not copy any illustrations, photographs, video or audio sequences published on this website and you must not copy the text from this website. You must not copy, reproduce, republish, download, post, broadcast or transmit this website or any part thereof or any materials from this website except for your personal use as is authorised by these Ts&Cs. Our prior written consent must be obtained for any other use of the materials.
8.5 Your right to use this website will cease immediately if you breach any of the intellectual property agreements contained in these Ts&Cs.
8.6 You are welcome to link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless we have consented to such form of association, approval or endorsement in writing. Without notice and without giving any reasons, we can demand the removal of a link to our homepage from your website or other online forum and you must remove the link on demand being made.
9. OUR OBLIGATIONS
9.1 We agree and confirm that we will use all reasonable care and skill to:
(a) Keep secure from unauthorised access all user information stored on our systems;
(b) Ensure that the services provided by this website are fit for the reasonable purposes for which they were designed.
9.2 While every effort is made to ensure that the content of the website is accurate, we make no representation or warranty in relation to the accuracy or completeness of the information found on the website. Any reliance you place on such information is therefore strictly at your own risk in all things.
9.3 EAWL may change, update, and/or make improvements to this website and/or the courses at any time without prior notice or any liability to you.
10.1 EAWL makes no representation about the suitability of the courses and the information contained in the materials of the courses for any purpose.
10.2 You agree that you will use this website and apply the information that you obtain from it (including but without limitation all information obtained from the courses) entirely at your own risk in all things.
10.3 EAWL will not be liable to you, whether under the law of contract, the law of tort or otherwise, for any losses and/or liability whatsoever incurred by you as a result, directly or indirectly, of your viewing and/or applying the contents of or your use or application of this website and/or the contents thereof including (but without limitation to) the information and materials contained in the courses available via this website.
10.4 Nothing in these Ts&Cs will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
10.5 EAWL does not warrant that the servers that make this website available will be error free, virus free or bug free and you accept that it is your responsibility to make reasonable and adequate provision for protection against such threats. We recommend scanning any files before downloading. EAWL will not be liable for any loss or damage caused by attacks, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, computer data or other proprietary material due to your use of this website or to your downloading of any material posted on them, or any site linked to them.
10.6 EAWL will not be liable for any interruption to this website during any reasonable periods of website maintenance and/or for reasons beyond EAWL’s reasonable control.
10.7 This website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website
11. LIMITATION OF LIABILITY
11.1 If, notwithstanding these Ts&Cs, EAWL is found to be liable to you for any damage or loss which arises as a result of your use of the website and/or courses, EAWL’s liability shall not exceed the dollar amount of the course fee paid by you or $50.00, whichever is the lesser.
12. GENERAL CONDITIONS
12.1 If we change these Ts&Cs at any time, such changes will be deemed to be applicable from the first date of publication of the changes on this website.
12.2 Your right to use this website will cease immediately if, in the sole and unfettered discretion of EAWL, you breach any of these Ts&Cs.
12.3 If we fail to enforce any terms or exercise any rights under these Ts&Cs we have not waived those rights.
12.4 If any provision of these Ts&Cs is held to be invalid or unenforceable for any reason the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these Ts&Cs.
12.5 In interpreting these Ts&Cs the singular shall include the plural and vice versa.
13. GOVERNING LAW
13.1 This website and these Ts&Cs shall be governed by the laws of New Zealand without reference to principles of conflict of laws. Any claims, disputes and proceedings between you and EAWL shall be determined through the Courts of New Zealand, which Courts will have exclusive jurisdiction to determine all claims, proceedings and disputed in respect of these Ts&Cs and any matter arising under them.
14.1 Any notice given under these Ts&Cs to you by EAWL will be deemed to be given on transmission by email to you at the email address provided by you to open your account and will be deemed to be given on transmission of any such notice from your email address and receipt of such notice at the email address of EAWL published from time to time on this website.