Terms and Conditions
EMBED Change Content and (Women) LEADING BUSINESS CHANGE Content ('the content') includes any material, resources or information available on www.embedchange.com (‘the Website’), and content or material available within the EMBED Change Toolkit or Women Leading Business Change Toolkit including the EMBED Change APP ('the toolkit') and EMBED Change Learning Management System ('LMS'). This includes free resources.
Please read these Terms and Conditions of Use (‘Terms’) carefully before using any 'content' available on the 'website', the 'toolkit', and the ('LMS'). This includes all resources and material, provided online, or via videos or podcasts, and physical downloads, templates, examples and free resources.
By purchasing or using free 'resources' or ‘content’ , you accept that EMBED Change NZ Ltd is not liable for any business disruption, impact or loss through the use of any information or ‘content’ from www.embedchange.com (‘‘the Website’ ‘) EMBED Change Toolkit, the WOMEN LEADING BUSINESS CHANGE TOOLKIT and the EMBED Change APP (the toolkit') or EMBED Change Learning Management System (‘the LMS’)
These ‘Terms’ apply to all users of free 'resources' or ‘content’ including casual browsers.
Part A applies to all users of the EMBED Change Website www.embedchange.com (‘the Website’)
Part B applies to all users of the EMBED Change learning modules and WOMEN LEADING BUSINESS CHANGE modules (‘the LMS’)
Part C applies to all purchasers and users of the EMBED Change Toolkit, the WOMEN LEADING BUSINESS CHANGE Toolkit, the EMBED Change APP or other Resources, or part there of the ('the toolkit)
Part A
Terms applying to all users of the EMBED Change ‘Website’.
Please read these Terms and Conditions of Use (‘Terms’) carefully before using www.embedchange.com (‘‘the Website’’). Additional terms and conditions apply to all users of the ‘LMS’ Part B and ‘the toolkit’ Part C.
In these Terms, ‘we’, ‘us’ and ‘EMBED Change’ means:
EMBED Change NZ Ltd, which is the owner of ‘‘the Website’’ and the EMBED Change trademark and brand, and ‘you’ means the user of ‘‘the Website’’. We reserve the right to withdraw all or part of ‘the Website’ at any time.
By using ‘‘the Website’’ you agree to be bound by these Terms, the Privacy Statement and the Copyright Statement.
You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse.
Whilst we try to ensure that ‘the Website’ does not contain any error, defect, malfunction or corruption, we do not accept responsibility for any damage to or loss of data or your computer system, network or server that results from the download or use of ‘the Website’ or any materials made available via ‘the Website’.
We cannot promise that access to ‘the Website’ will be uninterrupted or error free. We reserve the right to suspend access to ‘the Website’ between the scheduled maintenance window of approximately 01.00 and 02:30 NZT each day. There may also be occasions when access to ‘the Website’ is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of ‘the Website’ and the services offered via ‘the Website’. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of EMBED Change.
You accept that you will not have a claim for breach of contract (either against us or your Service Provider/EMBED Change centre) or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.
We shall not be liable for any of the following types of loss or damage arising out of or in connection with use of ‘the Website’, ‘the LMS’, the ‘toolkit’ or any 'content' and/or facilities provided:
· any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;
· any loss or corruption of data; or
· any indirect or consequential loss.
The exclusions and limitations of liability contained in this section do not apply to :
· any loss or damage resulting from death or personal injury caused by our negligence;
· loss or damages arising from our fraudulent misrepresentation; or
· any other losses which may not be excluded or limited by law.
Each provision of this Paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.
The receipt of the services is personal to you and you may not transfer your rights to access any 'content' or to receive the services to another person unless we have consented in writing to you doing so.
If any provision of these ‘Terms’ becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these ‘Terms’ shall not be affected.
If either we or you fail to enforce, or delay in enforcing, any of our respective rights or remedies under these ‘Terms’, such failure or delay shall not operate as an agreement to waive that right or remedy, and shall not prevent us from exercising that right or remedy in the future.
Purpose of ‘the Website’
The purpose of ‘the Website’ is to provide individuals and businesses with information on services offered by or via EMBED Change.
Copyright
The 'content' resources and materials on ‘the Website’, ‘the LMS’ and the ‘toolkit’ including the EMBED Change App are protected by our and by third party copyright and other intellectual property rights as described in the EMBED Change Copyright Statement.
Third Party Links
We may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of EMBED Change. Any link (including without limitation any links posted by other users of ‘the Website’) are provided for your convenience only and are accessed at your own risk. We are not responsible in any way for the content of any third-party website or for goods or services provided by the operators of such websites, and, unless otherwise stated are not responsible for and do not endorse or recommend any third-party website or its availability or contents or any agreement or understanding you enter into with a third party through a third-party website. If you choose to use any of the links provided, you should ask for access to the terms and conditions and privacy statement of the third-party website. EMBED Change does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these third-party websites.
Amendments to the Terms
We reserve the right to amend these ‘Terms’ from time to time. When we make a change, we will update this page of ‘the Website’. If we do so, the updated version will be effective as soon as it is uploaded on to ‘the Website’. The date of the last revision to these ‘Terms’ is provided at the end of the ‘Terms’. We recommend that you visit this page each time you visit ‘the Website’ to ensure that you are aware of and are complying with any changes that we have made to these ‘Terms’. If you continue to use ‘the Website’ you will be deemed to have accepted those changes from the point at which these changes come into effect.
Contact us
You can contact us by email support@EMBED Change.com
Part B
Terms applying if you purchase the ‘toolkit’ which includes the EMBED Change 'App', and videos and podcasts located on the 'website', or part there of, and undertake the ‘LMS’ leaning modules.
These Terms and conditions apply when you purchase the ‘toolkit’ which includes the EMBED Change 'App', and videos and podcasts located on the 'website', or part there of, and undertake the ‘LMS’ leaning modules. Please read these Terms carefully before buying the ‘toolkit’ and undertaking the EMBED Change ‘LMS’ learning modules.
For the purposes of these ‘Terms’:
· ‘we‘ and ‘us‘ means EMBED Change Limited. EMBED Change is the brand name which EMBED Change NZ Ltd uses for when distributing the EMBED Change or WOMEND LEADING BUSINESS CHANGE ’the toolkit’ which includes the EMBED Change APP, and content hosted on the 'website', and the LMS.
· ‘you‘ means the both the person purchasing the EMBED Change ‘toolkit’ or WOMEN LEADING BUSINESS CHANGE ‘toolkit’ and the person using ’the toolkit’ and undertaking ‘the LMS’ online learning modules.
· ‘advisor’ the person who provides general support while you are learning
· ‘services‘ means the support we provide to you where you’re learning take place, the online learning modules materials you use on the ‘the website’ ‘the LMS’, and ’the toolkit’ content.
EMBED Change Leaning Modules (‘the LMS’)
Your learning modules are a mixture of online software, tools and information in ‘the Website’, the online learning modules in “the LMS’ and the content of ’the toolkit’ including the EMBED Change App and webhosted video and podcast series. The learning modules are designed to develop our change management capability.
By purchasing the EMBED Change or the WOMEN LEADING BUSINESS CHANGE toolkit you are being licensed to ‘use’ the learning modules for a period of six months. Note: You cannot gain access the learning modules indefinitely. You cannot give or sell the learning modules to anyone else. All learning modules always remains the property of EMBED Change.
Quality of the services
We will use reasonable skill and care in providing the services to you. We will do so according to the content set out in the agreement. We do not make any commitment to you that the content of the services will meet any specific requirements that you have (except to the extent that your requirements match the learning modules description which is given in more detail on ‘the Website’). We expect you to take reasonable care to make sure that the learning modules you have chosen will meet your needs.
We do not make any commitment to you that you will obtain any particular result from your receipt of the services. We do not make any commitment to you that you will obtain any particular qualification from your receipt of the services.
All representations, warranties and/or terms and/or commitments not expressly set out in these ‘Terms’ and the terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible at law.
Provision of the Services
Help: If you need help with your learning you can email an advisor on [email protected]
Computer compatibility: You can log onto ‘the Website’ from any computer using personal log on details. We do not make any commitment that the learning modules software will be compatible with or operate with the software or hardware on your computer.
Technical Support: We cannot provide technical help that is not about using your EMBED Change course. Please contact an advisor for technical help using the EMBED Change courses.
System downtime: We may need periods of downtime to maintain ‘the Website’. EMBED Change tries to ensure that ‘the Website’ is available 24 hours a day 7 days a week. EMBED Change reserves the right to suspend access to ‘the Website’ between the scheduled maintenance window of approximately 01:00 and 02:30 NZT each day. There may also be occasions when access to ‘the Website’ is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of ‘the Website’. Access may also be interrupted due to failures of telecommunications links and equipment which are beyond the control of EMBED Change.
Your right to use the ‘LMS’ learning modules and your related obligations
On payment of the toolbox fee, we grant to you a licence for you to use ‘the LMS’ and learning modules, this licence is for your own use only. This is for the sole purpose of non-commercial use at home, at work or any other lawful location in connection with the receipt of the services. You can only use the learning modules while you are learning, and for a period afterwards. You cannot ‘keep’ the course, and it is not yours to sell or give to anyone else. All content in ‘the LMS’ and ‘the toolbox or the toolkit’ is protected by copyright.
You may not make copies of the ‘LMS’ learning modules as they appear on ‘the Website’. You may print for your personal use ‘ the toolkit’ resources located on ‘the Website’ as are reasonable for your own private purposes.
You may not change, copy (except as permitted above), reproduce, re-publish, upload, post, transmit or distribute in any way any part of the content on ‘the Website’, the ‘LMS’ or ‘the toolkit’. Any use not permitted in these ‘Terms’ is strictly prohibited. Such use will constitute an infringement of our copyright.
Your right to cancel the purchase of the EMBED Change or the WOMEN LEADING BUSINESS CHANGE Toolkit.
As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, some items fall outside of the usual returns policy. You are subject to the usual 14 day cooling off period, however given the on-line nature of ‘the LMS’ and ‘the toolkit’ EMBED Change does not provide a refund after ‘the toolkit’ or ‘LMS’ has been accessed. Your statutory rights in the event of receiving faulty goods are not affected.
Our rights to stop providing the services to you
We will make ’the toolkit’ and ‘the LMS’ learning modules available to you via ‘the Website’ or ‘the LMS’ from enrolment until the earlier of;
· you tell EMBED Change in writing, by email or by telephone that you have completed the learning modules and no longer require access to the services or,
· 183 days after ‘the LMS’ marks the learning modules have been accessed
· EMBED Change decides that your actions are unacceptable.
In any of the events above, we will withdraw your access to ’the toolkit’ and ‘the LMS’. If you wish to use the services after your access has been withdrawn, you will need to enrol again.
We reserve the right to stop providing the services to you immediately if:
· you breech any of the terms and conditions of this agreement, or you act in such a way as to threaten, intimidate or otherwise harass our staff or other learners.
If we exercise this right we will advise you by email. We will then immediately withdraw your access to ’ toolkit’ and ‘the LMS’.
Complaints
If you are not satisfied with any aspect of the services, please contact us in the manner described in ‘Contact us’ section in ‘the Website’.
Our liability to You
We will not be liable if we cannot provide the services to you because of an event beyond our reasonable control. Such events include (but are not limited to) events such as, fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. If we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable.
In no event will we be liable for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. In no event will we be liable to you for any indirect or consequential loss that you may suffer.
We are not liable for any data that you lose either as a result of accessing ’the toolkit’, ‘the LMS’ or ‘the Website’. It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer from which you are accessing the course, and all data that you are inputting when completing the course.
Except where the above applies, our maximum aggregate liability for any claim that you may have against us in connection with the provision by us to you of the services, which is not otherwise excluded in these ‘Terms’ (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us), will be limited to the amount of the fee which has been paid or is payable by you or on your behalf .
Privacy and data protection
We treat your privacy very seriously. The information that you provide to us when you enrol with EMBED Change or at any other time is subject to the EMBED Change Privacy Statement. Please read this. It sets out what information we collect, when we collect it, what we use it for, and who we can give it to. If you would like further details about the information we collect and how it is used, please contact us. By using ‘the Website’, you agree that you have understood and accept the terms of the Privacy Statement and the EMBED Change Use of Cookies Statement.
You agree EMBED Change can include your business name and logo as a client on ‘the Website’.
Contacting EMBED Change
You can contact us if you have a by emailing: [email protected]
11. General
Subject to the terms of any agreement we conclude with you if you purchase ’the toolbox or the toolkit’ and ‘the LMS’, we reserve the right to withdraw all or part of ‘the Website’ at any time.
These ‘Terms’ are governed by and will be understood in accordance with New Zealand law. The contract between us is concluded in the English language. Any dispute arising between us under or in connection with these ‘Terms’ shall be subject to the non-exclusive jurisdiction of the New Zealand courts.
These ‘Terms’, constitute the entire agreement between us in relation to the provision by us to you of the Services, and they replace and supersede any prior arrangements between us in relation to the Services.
You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Services other than those expressly set out in these ‘Terms’. Nothing in this Paragraph shall exclude or restrict our liability for fraud or fraudulent misrepresentation.
The agreement between us which is comprised of these ‘Terms’ is not intended to be for the benefit of any third party.
The continued use of the EMBED Change ‘the Website’, ‘the LMS’ and ’the toolbox or the toolkit’ following any changes to the ‘Terms’ will mean that you accept such changes.
Part C
‘Terms’ applying if you purchase the EMBED Change ‘toolkit’ or part there of, WOMEN LEADING BUSINESS CHANGE ‘toolkit’ or part there of, and ‘LMS’ learning modules and materials for personal use or for other to use.
These Terms and conditions apply to you if you are purchasing the toolkit’ or part there of, and ‘the LMS’ learning modules and materials for either personal use or for on behalf of another individual.
Please read these Terms carefully before purchasing.
For the purposes of these Terms:
· ‘you‘ means the individual using ‘the Website’, ‘the LMS’ learning modules and ’toolkit’ content and materials,
· ‘LMS’ learning modules and materials means the materials provided that enable you to complete the EMBED ‘LMS’ learning modules,
· ‘Course‘ means the online ‘LMS’ learning modules and ’the toolkit’ materials, which are in a format that allows (i) downloading the resources via ‘the Website’ or (ii) accessing and viewing ‘the LMS’ learning modules and ’ the toolkit’ material online (or a combination of both (i) and (ii)).
· ‘Fee‘ means the fee payable for a use of the EMBED Change ‘LMS’ and ’the toolkit’ content, resources and material.
· ‘Agent‘ means a third party organisation that has a contract with us to promote the products and services of ‘the toolkit’, ‘the website’ and ‘the LMS’ learning modules.
Contact EMBED Change
You can contact us by email at [email protected]
The materials on ‘the Website’, ‘the LMS’ learning module and ’the toolkit’ are protected by our and by third party copyright and other intellectual property rights as described in the EMBED Change Copyright Statement.
If you are using ‘the Website’ to buy access to ‘the toolkit’, material and ‘the LMS’ learning modules on behalf of your business, you may provide access to the ‘toolkit’ to individuals within your organisation as set out in these terms.
Where you have been granted access to ‘the toolkit’, ‘the LMS’ learning modules materials and ‘the Website’ content, either as a result of your own online purchase or because you have been granted access rights by someone else, you may not re-sell access to the materials or otherwise distribute it to anyone except as permitted under these ‘Terms’ or as permitted in writing by us.
Third Party Links
‘The Website’ may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of EMBED Change, including Agents and Resellers of EMBED Change. These third-party links are provided for your convenience only and are accessed at your own risk. We are not responsible in any way for the content of any third-party website or for goods or services provided by the operators of such websites.
Amendments to the Terms
We reserve the right to amend these ‘Terms’ from time to time. When we make a change, we will update this page of ‘the Website’. The date of the last revision to these ‘Terms’ is provided at the end of the ‘Terms’. We recommend that you revisit this page from time to time to ensure that you are aware of any changes that we have made to these ‘Terms’.
Technical Support
EMBED Change will provide the following customer support:
We exclude all other warranties, express or implied, as to the performance and availability of the support service, except as expressly stated in these ‘Terms’.
Suspension and termination of your account
You agree that we may at any time without notice terminate your user account and delete all information stored on it, if you breach any of the ‘Terms’ of this agreement.
You agree that we may at any time without notice terminate your user account and delete all information stored on it, unless it contains EMBED Change ‘LMS’ learning modules materials and ‘the toolkit’ material that have not exceeded their expiry date.
You agree that we may terminate your user account if our agreement with the Agent or Reseller who sold you ‘the toolbox or the toolkit’ and ‘the LMS’ learning modules no longer has a licence from us.
Subject to the terms of any agreement we conclude with you if you purchase ‘the toolkit’ and ‘LMS’ via ‘the Website’, we reserve the right to withdraw all or part of ‘the Website’ at any time.
Terms Applying if you buy or access 'the toolkit’ material and content, and the ‘LMS’ online learning modules on ‘the Website’
These Terms apply to the sale of the ‘toolkit’ and ‘LMS’ learning module material on ‘the Website’, and to the subsequent access of this content. This content is provided as part of a stand-alone “EMBED Change ” offering. NOTE: Tutorial support is not provided in respect of this content. Please read these Terms carefully before purchasing the ‘toolkit’ material and content and ‘LMS’ the learning modules material and content and print off a copy for your records.
Formation of a contract of sale (if you buy online from www.embedchange.com or embedchange.net)
When you place an order for the ‘toolkit’ you are offering to purchase ’the toolkit’ on these ‘Terms’. We shall have the right to decline or cancel your order. You can change your order at any time up to the submission of your credit or debit card details.
You will receive confirmation from Weebly, PayPal or Stripe, our payment processors, once they have approved your card transaction. A legally binding agreement shall not come into existence until we have accepted your offer to purchase the ‘toolkit’ by means of a separate confirmation email from us, which will be effective upon sending.
For large orders, we may provide an offline order and invoice process. Where this is provided it is subject to these ‘Terms’.
We reserve the right to withdraw at any time material and content advertised for sale on ‘the Website’.
Payment by you of the Learning modules Fee (if you have purchased online via the ‘Website’)
You agree to pay us the agreed Fee for the ‘toolkit’ content and material including ‘the LMS’ Learning Module content and material.
The Fee at any given time will be displayed on ‘the Website’. Fees are quoted in New Zealand dollars, excluding GST, however, GST is payable. The total cost of the ‘ toolkit’ and the GST payable is shown on the shopping basket prior to the online transaction.
We will debit the Fee from your credit card or debit card on or after the day you make your purchase. Credit or debit card details are collected over a secure link. Please see our Privacy Statement for more information on privacy and security.
We reserve the right from time to time to change the amount of the Fee. In the unlikely event that due to a technical error, the amount of the Fee is incorrect, we will notify you as soon as we reasonably can. If the correct price is higher than advertised, you will be entitled to choose between receiving a refund of the monies that you have paid to us (in which case the ‘toolkit’ will not be sent to you and/or you will not be able to access ‘the LMS’ learning modules materials) or to pay the balance of the FEE to us. If the correct price is lower than advertised, we will refund the balance of the Fee to you.
Other Changes
You may incur additional charges to your Internet Service Provider while you are accessing and / or downloading the ‘ toolkit’ content. Additional charges may also be payable to third parties for use of the software necessary to access and / or download the content. EMBED Change is not responsible for any such charges. You as the purchaser of ‘ the toolkit’ which includes ‘the LMS’ learning modules are responsible for paying these charges.
Provision of Access
(a) If you have purchased online via the EMBED Change ‘Website’
We will provide you with access to the ‘toolkit’ content and material and ‘the LMS’ learning module content and material after we have confirmed your order by email. This will follow a successful online transaction.
You will be provided with a downloadable document that contains links to members only locations on 'the website' where the member videos and podcasts are located. Plus a link to the LMS course.
EMBED Change email sent to you upon purchase.
Where you have specified that you have purchased multiple toolboxes you will be requested to provide the email addresses of each individual you wish to have access to the toolbox. Please note each enrolment can only be used by one person and is non-transferable. Unless otherwise stated, enrolments must be activated within 1 month and will provide access for the duration of six months. We cannot extend this time period.
(b) If you have purchased by placing an order to be paid by invoice
We will provide you with access after we have confirmed your order by email. This will immediately follow a successful online transaction or if agreed in advance on the provision of a government purchase order. If you have purchased a number of enrolments Please note each enrolment can only be used by one person and is non-transferable. Unless otherwise stated, enrolments must be activated within 1 month and will provide access for the duration of six months. We cannot extend this time period.
Your Right to Cancel the Course
How long do you have to change your mind about purchasing the EMBED Change ‘toolkit’ and ‘LMS’ learning modules?
(a) If you have purchased the ‘ toolkit’.
You may cancel your purchase before you access ' the toolkit’ content and material or the ‘LMS’ learning modules content and material. Once these have been accessed you may not cancel your purchase.
Your statutory rights in the event of receiving faulty goods are not affected.
Quality of the services
We will provide the ‘toolkit’ content and material and ‘LMS’ learning modules content and materials in accordance with the description is set out on ‘the Website’.
We do not make any commitment to you that the these will meet any specific requirements that you have and we expect you to take reasonable care to verify that the content and material in question will meet your needs. We do not make any commitment to you that you will obtain any particular result from your use of the content or material or that you will obtain any particular qualification on completion of the modules.
We do not make any commitment that the content and material will be compatible with or operate with your software or hardware.
All representations, warranties and/or terms and/or commitments not expressly set out in these ‘Terms’ (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
Our Rights to Stop Providing the Services to you
If you have purchased the ‘toolkit’, we will make the content available to you for a period of 6 months after which point we will suspend your access to the course. This six-month period starts immediately following the issue of your confirmation email. If you wish to access ‘the toolkit’ after your access has been terminated, you will need to submit a new order via ‘the Website’. In certain circumstances, for example if you suffer from circumstances that have caused you not to be able to access ‘the toolkit’, such as illness, we may extend the time period in which you may access ‘the toolkit’. To enquire about such an extension, please contact us via support contact details.
We reserve the right to suspend your access to ‘the toolkit’ and ‘the LMS’ learning modules immediately in the event that:
· you fail to comply with the ‘Terms’ of this agreement or
· you fail to conduct yourself in an appropriate manner when communicating with or receiving support from us. By this we mean that you act in such a way as to threaten, intimidate or otherwise harass our staff or other learners.
If we exercise this right we will notify you and will then immediately suspend your access to ‘the toolkit’.
Our Liability to you
Notwithstanding these terms;
The exclusions and limitations of liability contained in these ‘Terms’ do not apply to:
· your statutory rights as a consumer
· any other losses which may not be excluded or limited by law.
We make every effort to perform our obligations under our contract with you. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
We are not responsible to you for any data that you lose either as a result of accessing or using ’the toolkit’, ‘the LMS’ or ‘the Website’. It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer.
In the event that we recommend that you either enable cookies or download certain ‘ toolkit’ or ‘LMS’ material, you do so at your own risk.
Except as set out in these ‘Terms’, our maximum aggregate liability to you for any claim that you may have against us, under or in connection with, the provision by us, to you, of the ‘Website’ the LMS’ and ’the toolkit’ and associated support which is not otherwise excluded in these ‘Terms’ (including without limitation where such claim arises as a direct result of any negligent advice provided by us) shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf. Each provision of this paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.
Last Updated: 28 October 2021
Please read these Terms and Conditions of Use (‘Terms’) carefully before using any 'content' available on the 'website', the 'toolkit', and the ('LMS'). This includes all resources and material, provided online, or via videos or podcasts, and physical downloads, templates, examples and free resources.
By purchasing or using free 'resources' or ‘content’ , you accept that EMBED Change NZ Ltd is not liable for any business disruption, impact or loss through the use of any information or ‘content’ from www.embedchange.com (‘‘the Website’ ‘) EMBED Change Toolkit, the WOMEN LEADING BUSINESS CHANGE TOOLKIT and the EMBED Change APP (the toolkit') or EMBED Change Learning Management System (‘the LMS’)
These ‘Terms’ apply to all users of free 'resources' or ‘content’ including casual browsers.
Part A applies to all users of the EMBED Change Website www.embedchange.com (‘the Website’)
Part B applies to all users of the EMBED Change learning modules and WOMEN LEADING BUSINESS CHANGE modules (‘the LMS’)
Part C applies to all purchasers and users of the EMBED Change Toolkit, the WOMEN LEADING BUSINESS CHANGE Toolkit, the EMBED Change APP or other Resources, or part there of the ('the toolkit)
Part A
Terms applying to all users of the EMBED Change ‘Website’.
Please read these Terms and Conditions of Use (‘Terms’) carefully before using www.embedchange.com (‘‘the Website’’). Additional terms and conditions apply to all users of the ‘LMS’ Part B and ‘the toolkit’ Part C.
In these Terms, ‘we’, ‘us’ and ‘EMBED Change’ means:
EMBED Change NZ Ltd, which is the owner of ‘‘the Website’’ and the EMBED Change trademark and brand, and ‘you’ means the user of ‘‘the Website’’. We reserve the right to withdraw all or part of ‘the Website’ at any time.
By using ‘‘the Website’’ you agree to be bound by these Terms, the Privacy Statement and the Copyright Statement.
You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse.
Whilst we try to ensure that ‘the Website’ does not contain any error, defect, malfunction or corruption, we do not accept responsibility for any damage to or loss of data or your computer system, network or server that results from the download or use of ‘the Website’ or any materials made available via ‘the Website’.
We cannot promise that access to ‘the Website’ will be uninterrupted or error free. We reserve the right to suspend access to ‘the Website’ between the scheduled maintenance window of approximately 01.00 and 02:30 NZT each day. There may also be occasions when access to ‘the Website’ is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of ‘the Website’ and the services offered via ‘the Website’. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of EMBED Change.
You accept that you will not have a claim for breach of contract (either against us or your Service Provider/EMBED Change centre) or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.
We shall not be liable for any of the following types of loss or damage arising out of or in connection with use of ‘the Website’, ‘the LMS’, the ‘toolkit’ or any 'content' and/or facilities provided:
· any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;
· any loss or corruption of data; or
· any indirect or consequential loss.
The exclusions and limitations of liability contained in this section do not apply to :
· any loss or damage resulting from death or personal injury caused by our negligence;
· loss or damages arising from our fraudulent misrepresentation; or
· any other losses which may not be excluded or limited by law.
Each provision of this Paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.
The receipt of the services is personal to you and you may not transfer your rights to access any 'content' or to receive the services to another person unless we have consented in writing to you doing so.
If any provision of these ‘Terms’ becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these ‘Terms’ shall not be affected.
If either we or you fail to enforce, or delay in enforcing, any of our respective rights or remedies under these ‘Terms’, such failure or delay shall not operate as an agreement to waive that right or remedy, and shall not prevent us from exercising that right or remedy in the future.
Purpose of ‘the Website’
The purpose of ‘the Website’ is to provide individuals and businesses with information on services offered by or via EMBED Change.
Copyright
The 'content' resources and materials on ‘the Website’, ‘the LMS’ and the ‘toolkit’ including the EMBED Change App are protected by our and by third party copyright and other intellectual property rights as described in the EMBED Change Copyright Statement.
Third Party Links
We may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of EMBED Change. Any link (including without limitation any links posted by other users of ‘the Website’) are provided for your convenience only and are accessed at your own risk. We are not responsible in any way for the content of any third-party website or for goods or services provided by the operators of such websites, and, unless otherwise stated are not responsible for and do not endorse or recommend any third-party website or its availability or contents or any agreement or understanding you enter into with a third party through a third-party website. If you choose to use any of the links provided, you should ask for access to the terms and conditions and privacy statement of the third-party website. EMBED Change does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these third-party websites.
Amendments to the Terms
We reserve the right to amend these ‘Terms’ from time to time. When we make a change, we will update this page of ‘the Website’. If we do so, the updated version will be effective as soon as it is uploaded on to ‘the Website’. The date of the last revision to these ‘Terms’ is provided at the end of the ‘Terms’. We recommend that you visit this page each time you visit ‘the Website’ to ensure that you are aware of and are complying with any changes that we have made to these ‘Terms’. If you continue to use ‘the Website’ you will be deemed to have accepted those changes from the point at which these changes come into effect.
Contact us
You can contact us by email support@EMBED Change.com
Part B
Terms applying if you purchase the ‘toolkit’ which includes the EMBED Change 'App', and videos and podcasts located on the 'website', or part there of, and undertake the ‘LMS’ leaning modules.
These Terms and conditions apply when you purchase the ‘toolkit’ which includes the EMBED Change 'App', and videos and podcasts located on the 'website', or part there of, and undertake the ‘LMS’ leaning modules. Please read these Terms carefully before buying the ‘toolkit’ and undertaking the EMBED Change ‘LMS’ learning modules.
For the purposes of these ‘Terms’:
· ‘we‘ and ‘us‘ means EMBED Change Limited. EMBED Change is the brand name which EMBED Change NZ Ltd uses for when distributing the EMBED Change or WOMEND LEADING BUSINESS CHANGE ’the toolkit’ which includes the EMBED Change APP, and content hosted on the 'website', and the LMS.
· ‘you‘ means the both the person purchasing the EMBED Change ‘toolkit’ or WOMEN LEADING BUSINESS CHANGE ‘toolkit’ and the person using ’the toolkit’ and undertaking ‘the LMS’ online learning modules.
· ‘advisor’ the person who provides general support while you are learning
· ‘services‘ means the support we provide to you where you’re learning take place, the online learning modules materials you use on the ‘the website’ ‘the LMS’, and ’the toolkit’ content.
EMBED Change Leaning Modules (‘the LMS’)
Your learning modules are a mixture of online software, tools and information in ‘the Website’, the online learning modules in “the LMS’ and the content of ’the toolkit’ including the EMBED Change App and webhosted video and podcast series. The learning modules are designed to develop our change management capability.
By purchasing the EMBED Change or the WOMEN LEADING BUSINESS CHANGE toolkit you are being licensed to ‘use’ the learning modules for a period of six months. Note: You cannot gain access the learning modules indefinitely. You cannot give or sell the learning modules to anyone else. All learning modules always remains the property of EMBED Change.
Quality of the services
We will use reasonable skill and care in providing the services to you. We will do so according to the content set out in the agreement. We do not make any commitment to you that the content of the services will meet any specific requirements that you have (except to the extent that your requirements match the learning modules description which is given in more detail on ‘the Website’). We expect you to take reasonable care to make sure that the learning modules you have chosen will meet your needs.
We do not make any commitment to you that you will obtain any particular result from your receipt of the services. We do not make any commitment to you that you will obtain any particular qualification from your receipt of the services.
All representations, warranties and/or terms and/or commitments not expressly set out in these ‘Terms’ and the terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible at law.
Provision of the Services
Help: If you need help with your learning you can email an advisor on [email protected]
Computer compatibility: You can log onto ‘the Website’ from any computer using personal log on details. We do not make any commitment that the learning modules software will be compatible with or operate with the software or hardware on your computer.
Technical Support: We cannot provide technical help that is not about using your EMBED Change course. Please contact an advisor for technical help using the EMBED Change courses.
System downtime: We may need periods of downtime to maintain ‘the Website’. EMBED Change tries to ensure that ‘the Website’ is available 24 hours a day 7 days a week. EMBED Change reserves the right to suspend access to ‘the Website’ between the scheduled maintenance window of approximately 01:00 and 02:30 NZT each day. There may also be occasions when access to ‘the Website’ is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of ‘the Website’. Access may also be interrupted due to failures of telecommunications links and equipment which are beyond the control of EMBED Change.
Your right to use the ‘LMS’ learning modules and your related obligations
On payment of the toolbox fee, we grant to you a licence for you to use ‘the LMS’ and learning modules, this licence is for your own use only. This is for the sole purpose of non-commercial use at home, at work or any other lawful location in connection with the receipt of the services. You can only use the learning modules while you are learning, and for a period afterwards. You cannot ‘keep’ the course, and it is not yours to sell or give to anyone else. All content in ‘the LMS’ and ‘the toolbox or the toolkit’ is protected by copyright.
You may not make copies of the ‘LMS’ learning modules as they appear on ‘the Website’. You may print for your personal use ‘ the toolkit’ resources located on ‘the Website’ as are reasonable for your own private purposes.
You may not change, copy (except as permitted above), reproduce, re-publish, upload, post, transmit or distribute in any way any part of the content on ‘the Website’, the ‘LMS’ or ‘the toolkit’. Any use not permitted in these ‘Terms’ is strictly prohibited. Such use will constitute an infringement of our copyright.
Your right to cancel the purchase of the EMBED Change or the WOMEN LEADING BUSINESS CHANGE Toolkit.
As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, some items fall outside of the usual returns policy. You are subject to the usual 14 day cooling off period, however given the on-line nature of ‘the LMS’ and ‘the toolkit’ EMBED Change does not provide a refund after ‘the toolkit’ or ‘LMS’ has been accessed. Your statutory rights in the event of receiving faulty goods are not affected.
Our rights to stop providing the services to you
We will make ’the toolkit’ and ‘the LMS’ learning modules available to you via ‘the Website’ or ‘the LMS’ from enrolment until the earlier of;
· you tell EMBED Change in writing, by email or by telephone that you have completed the learning modules and no longer require access to the services or,
· 183 days after ‘the LMS’ marks the learning modules have been accessed
· EMBED Change decides that your actions are unacceptable.
In any of the events above, we will withdraw your access to ’the toolkit’ and ‘the LMS’. If you wish to use the services after your access has been withdrawn, you will need to enrol again.
We reserve the right to stop providing the services to you immediately if:
· you breech any of the terms and conditions of this agreement, or you act in such a way as to threaten, intimidate or otherwise harass our staff or other learners.
If we exercise this right we will advise you by email. We will then immediately withdraw your access to ’ toolkit’ and ‘the LMS’.
Complaints
If you are not satisfied with any aspect of the services, please contact us in the manner described in ‘Contact us’ section in ‘the Website’.
Our liability to You
We will not be liable if we cannot provide the services to you because of an event beyond our reasonable control. Such events include (but are not limited to) events such as, fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. If we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable.
In no event will we be liable for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. In no event will we be liable to you for any indirect or consequential loss that you may suffer.
We are not liable for any data that you lose either as a result of accessing ’the toolkit’, ‘the LMS’ or ‘the Website’. It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer from which you are accessing the course, and all data that you are inputting when completing the course.
Except where the above applies, our maximum aggregate liability for any claim that you may have against us in connection with the provision by us to you of the services, which is not otherwise excluded in these ‘Terms’ (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us), will be limited to the amount of the fee which has been paid or is payable by you or on your behalf .
Privacy and data protection
We treat your privacy very seriously. The information that you provide to us when you enrol with EMBED Change or at any other time is subject to the EMBED Change Privacy Statement. Please read this. It sets out what information we collect, when we collect it, what we use it for, and who we can give it to. If you would like further details about the information we collect and how it is used, please contact us. By using ‘the Website’, you agree that you have understood and accept the terms of the Privacy Statement and the EMBED Change Use of Cookies Statement.
You agree EMBED Change can include your business name and logo as a client on ‘the Website’.
Contacting EMBED Change
You can contact us if you have a by emailing: [email protected]
11. General
Subject to the terms of any agreement we conclude with you if you purchase ’the toolbox or the toolkit’ and ‘the LMS’, we reserve the right to withdraw all or part of ‘the Website’ at any time.
These ‘Terms’ are governed by and will be understood in accordance with New Zealand law. The contract between us is concluded in the English language. Any dispute arising between us under or in connection with these ‘Terms’ shall be subject to the non-exclusive jurisdiction of the New Zealand courts.
These ‘Terms’, constitute the entire agreement between us in relation to the provision by us to you of the Services, and they replace and supersede any prior arrangements between us in relation to the Services.
You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Services other than those expressly set out in these ‘Terms’. Nothing in this Paragraph shall exclude or restrict our liability for fraud or fraudulent misrepresentation.
The agreement between us which is comprised of these ‘Terms’ is not intended to be for the benefit of any third party.
The continued use of the EMBED Change ‘the Website’, ‘the LMS’ and ’the toolbox or the toolkit’ following any changes to the ‘Terms’ will mean that you accept such changes.
Part C
‘Terms’ applying if you purchase the EMBED Change ‘toolkit’ or part there of, WOMEN LEADING BUSINESS CHANGE ‘toolkit’ or part there of, and ‘LMS’ learning modules and materials for personal use or for other to use.
These Terms and conditions apply to you if you are purchasing the toolkit’ or part there of, and ‘the LMS’ learning modules and materials for either personal use or for on behalf of another individual.
Please read these Terms carefully before purchasing.
For the purposes of these Terms:
· ‘you‘ means the individual using ‘the Website’, ‘the LMS’ learning modules and ’toolkit’ content and materials,
· ‘LMS’ learning modules and materials means the materials provided that enable you to complete the EMBED ‘LMS’ learning modules,
· ‘Course‘ means the online ‘LMS’ learning modules and ’the toolkit’ materials, which are in a format that allows (i) downloading the resources via ‘the Website’ or (ii) accessing and viewing ‘the LMS’ learning modules and ’ the toolkit’ material online (or a combination of both (i) and (ii)).
· ‘Fee‘ means the fee payable for a use of the EMBED Change ‘LMS’ and ’the toolkit’ content, resources and material.
· ‘Agent‘ means a third party organisation that has a contract with us to promote the products and services of ‘the toolkit’, ‘the website’ and ‘the LMS’ learning modules.
Contact EMBED Change
You can contact us by email at [email protected]
The materials on ‘the Website’, ‘the LMS’ learning module and ’the toolkit’ are protected by our and by third party copyright and other intellectual property rights as described in the EMBED Change Copyright Statement.
If you are using ‘the Website’ to buy access to ‘the toolkit’, material and ‘the LMS’ learning modules on behalf of your business, you may provide access to the ‘toolkit’ to individuals within your organisation as set out in these terms.
Where you have been granted access to ‘the toolkit’, ‘the LMS’ learning modules materials and ‘the Website’ content, either as a result of your own online purchase or because you have been granted access rights by someone else, you may not re-sell access to the materials or otherwise distribute it to anyone except as permitted under these ‘Terms’ or as permitted in writing by us.
Third Party Links
‘The Website’ may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of EMBED Change, including Agents and Resellers of EMBED Change. These third-party links are provided for your convenience only and are accessed at your own risk. We are not responsible in any way for the content of any third-party website or for goods or services provided by the operators of such websites.
Amendments to the Terms
We reserve the right to amend these ‘Terms’ from time to time. When we make a change, we will update this page of ‘the Website’. The date of the last revision to these ‘Terms’ is provided at the end of the ‘Terms’. We recommend that you revisit this page from time to time to ensure that you are aware of any changes that we have made to these ‘Terms’.
Technical Support
EMBED Change will provide the following customer support:
- Customers should contact: support@EMBED Change.com we will respond within 24hours. EMBED Change will provide customers with:
- Pre-purchase information and support with regard to ’the toolkit’ and ‘the LMS’
- Assistance with the purchase and access to ’the toolkit’ and ‘the LMS’
- Post-sales support in the use of ’the toolkit’ and ‘the LMS’.
We exclude all other warranties, express or implied, as to the performance and availability of the support service, except as expressly stated in these ‘Terms’.
Suspension and termination of your account
You agree that we may at any time without notice terminate your user account and delete all information stored on it, if you breach any of the ‘Terms’ of this agreement.
You agree that we may at any time without notice terminate your user account and delete all information stored on it, unless it contains EMBED Change ‘LMS’ learning modules materials and ‘the toolkit’ material that have not exceeded their expiry date.
You agree that we may terminate your user account if our agreement with the Agent or Reseller who sold you ‘the toolbox or the toolkit’ and ‘the LMS’ learning modules no longer has a licence from us.
Subject to the terms of any agreement we conclude with you if you purchase ‘the toolkit’ and ‘LMS’ via ‘the Website’, we reserve the right to withdraw all or part of ‘the Website’ at any time.
Terms Applying if you buy or access 'the toolkit’ material and content, and the ‘LMS’ online learning modules on ‘the Website’
These Terms apply to the sale of the ‘toolkit’ and ‘LMS’ learning module material on ‘the Website’, and to the subsequent access of this content. This content is provided as part of a stand-alone “EMBED Change ” offering. NOTE: Tutorial support is not provided in respect of this content. Please read these Terms carefully before purchasing the ‘toolkit’ material and content and ‘LMS’ the learning modules material and content and print off a copy for your records.
Formation of a contract of sale (if you buy online from www.embedchange.com or embedchange.net)
When you place an order for the ‘toolkit’ you are offering to purchase ’the toolkit’ on these ‘Terms’. We shall have the right to decline or cancel your order. You can change your order at any time up to the submission of your credit or debit card details.
You will receive confirmation from Weebly, PayPal or Stripe, our payment processors, once they have approved your card transaction. A legally binding agreement shall not come into existence until we have accepted your offer to purchase the ‘toolkit’ by means of a separate confirmation email from us, which will be effective upon sending.
For large orders, we may provide an offline order and invoice process. Where this is provided it is subject to these ‘Terms’.
We reserve the right to withdraw at any time material and content advertised for sale on ‘the Website’.
Payment by you of the Learning modules Fee (if you have purchased online via the ‘Website’)
You agree to pay us the agreed Fee for the ‘toolkit’ content and material including ‘the LMS’ Learning Module content and material.
The Fee at any given time will be displayed on ‘the Website’. Fees are quoted in New Zealand dollars, excluding GST, however, GST is payable. The total cost of the ‘ toolkit’ and the GST payable is shown on the shopping basket prior to the online transaction.
We will debit the Fee from your credit card or debit card on or after the day you make your purchase. Credit or debit card details are collected over a secure link. Please see our Privacy Statement for more information on privacy and security.
We reserve the right from time to time to change the amount of the Fee. In the unlikely event that due to a technical error, the amount of the Fee is incorrect, we will notify you as soon as we reasonably can. If the correct price is higher than advertised, you will be entitled to choose between receiving a refund of the monies that you have paid to us (in which case the ‘toolkit’ will not be sent to you and/or you will not be able to access ‘the LMS’ learning modules materials) or to pay the balance of the FEE to us. If the correct price is lower than advertised, we will refund the balance of the Fee to you.
Other Changes
You may incur additional charges to your Internet Service Provider while you are accessing and / or downloading the ‘ toolkit’ content. Additional charges may also be payable to third parties for use of the software necessary to access and / or download the content. EMBED Change is not responsible for any such charges. You as the purchaser of ‘ the toolkit’ which includes ‘the LMS’ learning modules are responsible for paying these charges.
Provision of Access
(a) If you have purchased online via the EMBED Change ‘Website’
We will provide you with access to the ‘toolkit’ content and material and ‘the LMS’ learning module content and material after we have confirmed your order by email. This will follow a successful online transaction.
You will be provided with a downloadable document that contains links to members only locations on 'the website' where the member videos and podcasts are located. Plus a link to the LMS course.
EMBED Change email sent to you upon purchase.
Where you have specified that you have purchased multiple toolboxes you will be requested to provide the email addresses of each individual you wish to have access to the toolbox. Please note each enrolment can only be used by one person and is non-transferable. Unless otherwise stated, enrolments must be activated within 1 month and will provide access for the duration of six months. We cannot extend this time period.
(b) If you have purchased by placing an order to be paid by invoice
We will provide you with access after we have confirmed your order by email. This will immediately follow a successful online transaction or if agreed in advance on the provision of a government purchase order. If you have purchased a number of enrolments Please note each enrolment can only be used by one person and is non-transferable. Unless otherwise stated, enrolments must be activated within 1 month and will provide access for the duration of six months. We cannot extend this time period.
Your Right to Cancel the Course
How long do you have to change your mind about purchasing the EMBED Change ‘toolkit’ and ‘LMS’ learning modules?
(a) If you have purchased the ‘ toolkit’.
You may cancel your purchase before you access ' the toolkit’ content and material or the ‘LMS’ learning modules content and material. Once these have been accessed you may not cancel your purchase.
Your statutory rights in the event of receiving faulty goods are not affected.
Quality of the services
We will provide the ‘toolkit’ content and material and ‘LMS’ learning modules content and materials in accordance with the description is set out on ‘the Website’.
We do not make any commitment to you that the these will meet any specific requirements that you have and we expect you to take reasonable care to verify that the content and material in question will meet your needs. We do not make any commitment to you that you will obtain any particular result from your use of the content or material or that you will obtain any particular qualification on completion of the modules.
We do not make any commitment that the content and material will be compatible with or operate with your software or hardware.
All representations, warranties and/or terms and/or commitments not expressly set out in these ‘Terms’ (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
Our Rights to Stop Providing the Services to you
If you have purchased the ‘toolkit’, we will make the content available to you for a period of 6 months after which point we will suspend your access to the course. This six-month period starts immediately following the issue of your confirmation email. If you wish to access ‘the toolkit’ after your access has been terminated, you will need to submit a new order via ‘the Website’. In certain circumstances, for example if you suffer from circumstances that have caused you not to be able to access ‘the toolkit’, such as illness, we may extend the time period in which you may access ‘the toolkit’. To enquire about such an extension, please contact us via support contact details.
We reserve the right to suspend your access to ‘the toolkit’ and ‘the LMS’ learning modules immediately in the event that:
· you fail to comply with the ‘Terms’ of this agreement or
· you fail to conduct yourself in an appropriate manner when communicating with or receiving support from us. By this we mean that you act in such a way as to threaten, intimidate or otherwise harass our staff or other learners.
If we exercise this right we will notify you and will then immediately suspend your access to ‘the toolkit’.
Our Liability to you
Notwithstanding these terms;
The exclusions and limitations of liability contained in these ‘Terms’ do not apply to:
· your statutory rights as a consumer
· any other losses which may not be excluded or limited by law.
We make every effort to perform our obligations under our contract with you. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
We are not responsible to you for any data that you lose either as a result of accessing or using ’the toolkit’, ‘the LMS’ or ‘the Website’. It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer.
In the event that we recommend that you either enable cookies or download certain ‘ toolkit’ or ‘LMS’ material, you do so at your own risk.
Except as set out in these ‘Terms’, our maximum aggregate liability to you for any claim that you may have against us, under or in connection with, the provision by us, to you, of the ‘Website’ the LMS’ and ’the toolkit’ and associated support which is not otherwise excluded in these ‘Terms’ (including without limitation where such claim arises as a direct result of any negligent advice provided by us) shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf. Each provision of this paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.
Last Updated: 28 October 2021