Terms of Use

LAST UPDATED: 22 May 2019

1. SITE OWNER
1.1 This web site is owned and operated by Excel at Work Limited (“EAW”), a registered New Zealand limited liability company.
1.2 This web site and any provision of services available throughout this web site are governed by these terms and conditions of use (“terms and conditions”) and the privacy statement (if any) of EAW.

2. DESCRIPTION OF SERVICES
2.1 This web site provides online courses (“courses”).

3. ACCEPTANCE OF TERMS OF USE
3.1 You agree that you have read and understood these terms and conditions and acknowledge, without limitation or qualification, that these terms and conditions are binding on you.
3.2 By accessing this web site, you are acknowledging and accepting these terms and conditions.
3.3 EAW reserves the right to amend and/or update these terms and conditions at any time, without notice to you. Such changes are legitimate and effective from the moment of their publication; and you agree to read and understand and be bound by the most recent terms and conditions that are in effect at the time you access this web site. We encourage you to consult the terms and conditions each time you use this web site.

4. LIMITATIONS ON USE
4.1 You must be at least eighteen (18) years old to access this web site. If you are not at least eighteen years old, you are not permitted to access this web site for any reason.

5. SOFTWARE NOT PROVIDED
5.1 You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment and internet service to use this web site and the courses.
5.2 This web site and the courses do not provide a licence for use of the Microsoft Corporation programs.

6. REGISTRATION
6.1 To register (“subscribe”) to 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.
6.2 To complete registration for a course, and in addition to clause 6.1, you may be required to activate a voucher number issued to you.
6.3 Once you are subscribed to a course you will receive an email with login details to our online portal or download page. For some courses, where explicitly specified, we may offer a 14-day money back guarantee. For these courses, if you are not completely satisfied, you can contact us within the 14 day period to receive a refund. We must receive your request at our offices before the 14 day period has passed. Refunds may take 5-10 working days to appear back in your account.

7. COUPONS
7.1 If you have been provided with a coupon (“coupon code”), such, coupon which when redeemed within the period of time that the coupon is redeemable, shall provide you with special pricing to a course.
7.2 You shall be wholly responsible for maintaining the security of your coupon code.

7.3 You may redeem your coupon through our payment gateway during the time that the coupon is redeemable. On the expiration of the coupon, the coupon shall be null and void and no longer redeemable, and you shall not be entitled to the special pricing associated to the coupon, or any compensation.
7.4 EAW shall not be liable for any loss or misplacement of your coupon, including loss or misplacement occurring as a result of incorrect information provided by you, or failure by you to redeem your coupon.

8. USERNAME AND PASSWORD
8.1 Upon registration, you will be issued with a username and password (collectively, “your account”). You agree to keep your account details confidential and acknowledge that you are wholly responsible for maintaining the security of your account.
8.2 You are solely responsible for any activity that occurs on your account, whether authorised or unauthorised. You must notify EAW immediately of any unauthorised use of your account.
8.3 You may be held liable for any losses incurred by EAW resulting from use of your account, whether by you or an unauthorised third party.

9. INFORMATION YOU SUBMIT
9.1 As part of your course, you may be required to submit information to this web site (“submitted content”).
9.2 You expressly accept the terms of the Privacy Policy of EAW’s web site.
9.3 You hereby warrant that any information you submit to EAW through this web site is owned by you and that you have the necessary authority to submit such information. You hereby grant EAW a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to EAW.
9.4 You further agree that you shall not submit or transmit any content through this web site or to EAW that:
(a) Is obscene, vulgar, or pornographic;
(b) Encourages the commission of a crime or violation of a law;
(c) Violates any state or federal law in the U.S., Australia, New Zealand and/or the jurisdiction in which you reside;
(d) Infringes the intellectual rights of a third party;
(e) Is otherwise offensive or inappropriate based upon the type of content and information provided by EAW and/or third parties on this web site.
9.5 EAW reserves the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in EAW’s sole discretion, without liability or warning to you.
9.6 EAW reserves the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold EAW harmless from any consequences or actions taken by EAW in cooperation with such law enforcement investigation or court order.

10. CERTIFICATE OF ACHIEVEMENT
10.1 Where a course offers a Certificate of Achievement, you may sit an online quiz (“test”), which shall assess your knowledge of information forming part of the course. This is totally optional and not a requirement of completing the course.
10.2 In order to pass the test, you must answer a least 80% of the questions correctly (“pass”).
10.3 You may sit the test as many times as you want until you pass. Each test may be different.
10.4 If you pass the test you will receive a Certificate of Achievement from EAW. This certificate can be printed from within the online learning portal.
10.5 If you do not pass the test you will not receive a Certificate of Achievement from EAW.
10.6 EAW takes no responsibility for your ability or inability to pass the test and/or complete and understand the coursework.
10.7 EAW shall not be responsible for checking that you have completed the coursework and/or test without the help of third parties. EAW shall not be liable to any third parties who rely on the Certificate of Achievement as an assessment of your capabilities.
10.8 No Certificate of Achievement issued by EAW is endorsed by Microsoft Corporation.

11. PURCHASING AND LICENSES
11.1 By purchasing, downloading or accessing any digital products, files, training programs, members-only content or other services or materials intended for sale or distribution from this web site (the “Licensed Material”), the Licensed Material and all associated ownership rights are not being sold; it is being provided to you (the licensee) under a license from EAW (the licensor), in accordance with the terms below, unless otherwise stated:
(a) You have non-exclusive, non-transferable, non-sublicensable, perpetual right to use the accompanying Licensed Material for permitted personal or commercial purposes in accordance with these terms and conditions, and the following:
i. For ongoing subscriptions or memberships, including the Beyond Proficient programme: All such licenses are valid only while you maintain an active, paid subscription and your account remains in good standing. EAW reserves the right to terminate your subscription or membership and revoke all associated licenses without refund at any time without notice and for any reason.
ii. For non-subscription products and services: All such licenses are granted when full payment has been received by EAW for any products or services paid upfront, or where a payment plan has been completed & paid in full. For products and services for which a Payment Plan is agreed and in progress, all such licenses are granted once the initial payment has been received by EAW and are valid only while you maintain your agreed payments and your account remains in good standing.
(b) EAW retains all rights, copyright and ownership of the Licensed Material.
(c) You are granted a single license for each purchase, which permits only one (1) person (user) to access and use the Licensed Materials.
(d) You may not rent, sublicense, sell or assign Licensed Material or any derivative works.
(e) Your rights to use the Licensed Material are worldwide.
11.2 Unauthorized use will result in immediate termination of this license.

12. SITE SECURITY
12.1 EAW shall use every endeavour to ensure that the courses are provided through a web site that 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 web site may be read or intercepted by unrelated unauthorised third parties.
12.2 EAW shall have no liability for the interception or ‘hacking’ of data through this web site by unauthorised third parties and any resulting loss to you or any other person or entity.
12.3 Payment of the course fee by credit card is processed through the web site 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 web site. EAW shall not be liable for any loss incurred to you through use of such third party’s web site.

13. NO UNLAWFUL OR PROHIBITED USE
13.1 This web site is only to be used for its intended and lawful use to provide courses, and no other intended use. Any use not contemplated by these terms and conditions is unlawful and unauthorised. The use of this web site by anyone who does not have authorised access to it is also unlawful and contrary to these terms and conditions.
13.2 This web site may not be used in any way that violates any national or international laws or regulations and this web site may not be used for unlawful, illegal or fraudulent or harmful purposes.
13.3 You must not use this web site to copy, store, host, transmit, send, use, publish or distribute any material that can damage and/or disrupt this web site and/or any other user’s use and enjoyment of this web site.
13.4 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 web site and you must not engage in any reverse engineering utilising this web site.
13.5 We will report all breaches of these terms and conditions to the relevant regulatory authorities in the country or state where the breach occurs and will disclose your identity to them. You agree that such disclosure will not be a breach of the privacy policy or principles of the state or country concerned and in any case your right to use this web site will cease immediately and we will not be responsible in any way to compensate you for such termination of your access to or use of this web site.
13.6 You shall be liable to EAW for all losses and liability incurred as a result, whether directly or indirectly, of your unlawful and/or prohibited use of this web site and you hereby indemnify and save harmless EAW against said losses and liability.

14. INTELLECTUAL PROPERTY
14.1 For the sake of clarity, reference to “this web site” in this clause 13 shall include any materials contained or published in the courses, accessed via this web site.
14.2 Except for items in the public domain, this web site and all materials contained or published on this web site (“intellectual property”) are wholly owned by EAW and/or its content providers. Nothing contained in these terms and conditions or on this web site 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 EAW or such other party that may own the intellectual property.
14.3 All course content and materials, slideshows, graphic works, videos, recordings, webinars and photographs appearing on this web site that are the original works of EAW and all written information appearing on this web site which prior to its publication on this web site comprises the original work of EAW are in this clause called “The Works”. EAW 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 terms and conditions of use of the web site or expressly authorised in writing by EAW. 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 terms and conditions or expressly authorised in writing by EAW.
14.4 Other than as is expressly authorised on this web site, you must not modify or distribute the paper or digital copies of any materials you have acquired from this web site. 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 web site and you must not copy the text from this web site. You must not copy, reproduce, republish, download, post, broadcast or transmit this web site or any part thereof or any materials from this web site except for your personal use as is authorised by these terms and conditions. Our prior written consent must be obtained for any other use of the materials.
14.5 Your right to use this web site will cease immediately if you breach any of the intellectual property agreements contained in these terms and conditions.
14.6 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 web site or other online forum and you must remove the link on demand being made.

15. THIRD PARTY REFERENCES / HYPERLINKS
15.1 This web site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of EAW, and you acknowledge that EAW is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.

16. OUR OBLIGATIONS
16.1 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 web site are fit for the reasonable purposes for which they were designed.
16.2 While every effort is made to ensure that the content of the web site is accurate, we make no representation or warranty in relation to the accuracy or completeness of the information found on the web site. Any reliance you place on such information is therefore strictly at your own risk in all things.
16.3 EAW may change, update, and/or make improvements to this web site and/or the courses at any time without prior notice or any liability to you.

17. DISCLAIMERS
17.1 All materials, information, software, products, services, and licensed materials included in or available through this web site (the “content”) are provided “as is” and “as available” for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. EAW and its agents do not warrant that the content is accurate, reliable or correct; that this web site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
17.2 EAW makes no representation about the suitability of the courses and the information contained in the materials of the courses for any purpose.
17.3 You agree that you will use this web site 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.
17.4 EAW 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 web site and/or the contents thereof including (but without limitation to) the information and materials contained in the courses available via this web site.
17.5 Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
17.6 EAW does not warrant that the servers that make this web site 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. EAW 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 web site or to your downloading of any material posted on them, or any site linked to them.
17.7 EAW will not be liable for any interruption to this web site during any reasonable periods of web site maintenance and/or for reasons beyond EAW’s reasonable control.
17.8 Although EAW will take all care to protect user content through use of dedicated servers and off site computer storage, EAW cannot guarantee that all user content is stored in such a fashion that it will not become lost or corrupted and accordingly you should backup all user content to your own servers on a regular basis. You save harmless and indemnify EAW from all costs and/or losses associated with replacing any lost or corrupted user content and any damages associated therewith.

18. LIMITATION OF LIABILITY
18.1 Under no circumstances shall EAW, or its agents, affiliated companies, officers, directors, employees, and contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this web site or the content. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if EAW has been advised of the possibility of such damage. Except as prohibited by law, in no event shall the amount of collective liability of EAW and its agents, affiliated companies, officers, directors, employees, and contractors exceed the amount actually paid to EAW for products or services. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, EAW’s liability in such jurisdictions shall be limited to the extent permitted by law.

19. MISCELLANEOUS
19.1 If you accessing our website or courses on behalf of your employer, client or other entity, you warrant and guarantee that you have the full right and authority to do so. If you do not have such authority, your activity will be considered a breach of these terms and conditions.

20. INDEMNIFICATION
20.1 Upon a request by EAW, you agree to defend, indemnify, and hold EAW and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this web site or from your violation of the terms and conditions stated herein.

21. SEVERABILITY AND INTEGRATION
21.1 Unless otherwise specified herein, this agreement constitutes the entire agreement between you and EAW with respect to this web site and supersedes all prior or contemporaneous communications between you and EAW with respect to this web site. If any part of these terms and conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

22. GENERAL CONDITIONS
22.1 If we change these terms and conditions at any time, such changes will be deemed to be applicable from the first date of publication of the changes on this web site.
22.2 Your right to use this web site will cease immediately if, in the sole and unfettered discretion of EAW, you breach any of these terms and conditions.
22.3 If we fail to enforce any terms or exercise any rights under these terms and conditions we have not waived those rights.
22.4 If any provision of these terms and conditions 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 terms and conditions.
22.5 In interpreting these terms and conditions the singular shall include the plural and vice versa.

23. GOVERNING LAW
23.1 This web site and these terms and conditions 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 EAW 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 terms and conditions and any matter arising under them.

24. NOTICES
24.1 Any notice given under these terms and conditions to you by EAW 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 EAW published from time to time on this web site.

OUR CONTACT DETAILS:
Email: ask@excelatwork.co.nz
Excel at Work Limited, PO Box 195, Waimauku, Auckland 0842, New Zealand