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Terms & Conditions - Terms of Use

This website and digital platforms are operated by The Leadership Collective. Throughout the site, the terms “we”, “us” and “our” refer to The Leadership Collective. The Leadership Collective offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website or any of our product and service digital platforms; or registering for any of our programmes or events. By accessing or using any part of the site or completing a programme or event registration, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


Accuracy, Completeness and Timeliness Of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s)

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.
View our Privacy Policy.

Programme

The Leadership Collective programme (Programme) is a personal and leadership development programme incorporating a number of learning stages and modules (Stages/Modules) allowing you to develop your leadership capability. These terms and conditions (Terms of Use) govern the use of the Programme including access to digital portal via the Leadership Collective’ membership website. You accept and agree to be bound by these Terms of Use.

Leadership Collective NZ Limited (Leadership Collective) may amend these Terms of Use from time to time. By continuing to participate in and use the Programme you accept and agree to be bound by these Terms of Use, as amended from time to time. As a result, we encourage you to consult these Terms of Use each time you use the Programme.

Programme General
The Programme includes a Retreat-based Stage and requires each Registered User to hold a current Vaccination Passport and present a copy to Leadership Collective at time of registration.

The Programme consists of four Stages and Modules. Each Stage includes activities and interaction with the Leadership Collective team.

Stage one includes activities which need to be completed prior to the Stage two retreat. Some modules will be accessed via the Programme Portal.

Stage two includes an intensive residential 3-day retreat.
You must attend the full residential programme from the official commencement time to the official finish time. Non-attendance at the event will forgo your space in the Programme. If you have exceptional circumstances, please contact the Director of Leadership Collective.

Stage three is 1-on-1 virtual coaching. Leadership Collective reserve the right to change the coaches at its sole discretion.

Stage four is virtual group accountability sessions.

Leadership Collective reserves the right to modify the Programme including the Stages/Modules from time to time.

Leadership Collective also reserves the right to discontinue any of the Stages/Modules at its sole discretion, in which case Leadership Collective will offer you a refund of any payments received in advance for Stages/Modules that are not delivered.

Covid 19 Related Reschedule or Cancellation of Services / Workshops
Should New Zealand go into a lockdown under the direction of the NZ government, any in-person events will either be postponed or reformatted into a virtual event. This decision will be at the sole discretion of Leadership Collective

Ability of Lead Facilitator Not Being Able to Attend
If for whatever reason the Lead Facilitator is unable to attend any in-person event, Leadership Collective has the right to convert the event to a virtual format at the scheduled time, or rescheduled as an in-person or virtual event. Leadership Collective will not be liable for any expenses incurred due to this change.

Information and Login Details
In order to access the online Programme portal, you will need to set-up an account which will involve creating a login name and password. You must maintain the security of your login details and you are responsible for all activity that occurs on or through your login details. You must change your password immediately if you believe that your login details have been compromised.

You agree that all information you provide to Leadership Collective via the Programme or any other means, is complete and accurate in all respects.

Photo & Video Waiver Release
I am of legal age.
I hereby grant the releasee permission to use photographs and video in any of the following Leadership Collective NZ Ltd or Infinitus Professional Development Ltd web-based sites or publications, print or electronic documents, digital or print advertisements and bulletins.
I hereby affirm that such release to the releasee does not constitute any form of compensation, including royalties arising from the photographs, to my benefit. I understand and agree that photographs and video in the possession of the releasee shall become the property of the releasee. The use and publication of the photographs and video however, shall conform to my rights as a subject of said photographs and video. I hereby waive my right to inspect of approve the photographs and video by which my likeness appears. I hereby hold harmless, release, and forever discharge the Leadership Collective NZ Ltd or Infinitus Professional Development Ltd from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

Payment

Unless otherwise agreed you must pay for the full Programme at the time of registration. Where Leadership Collective agrees to a payment plan, you must pay each amount on or before the due date. If you fail to do so, Leadership Collective may suspend your access to the Programme until such time as payment is received.

Use of the Programme
Leadership Collective grants to you a non-exclusive, non-transferable, revocable licence to use the Programme in accordance with these Terms of Use.

Access to the Programme and each Stage/Module is restricted to the person who is the registered account holder (Registered User). The Registered User must not share access to the Programme or any Stage/Module with any other person (including by using the Module in a group, public display or similar situation) or allow any other person to access the Programme or any Module through the Registered User’s account.

In using the Programme, you agree not to do anything that may cause undue inconvenience, disruption or offence to Leadership Collective, or that may affect the security or operation of the Programme, any other services or products offered by Leadership Collective or any website, network or system underlying or connected to them.

While participating in the Programme you agree to behave in a respectful and positive manner. No bullying, hate, racism or any other form of abuse will be tolerated. Your comments in the community channels and comment boxes within the Programme will be moderated and Leadership Collective reserves the right to delete your comments without any explanation, notification or remedy.

Termination
You may withdraw from the Programme at any time by emailing Leadership Collective at kirsten@leadershipco.nz.

If you do so up to 21 days prior to the start of the programme commencement date and you are not in breach of these Terms of Use, Leadership Collective will provide you with a 50% refund of any payments that you have made.
No refunds will be available within 21 days prior to the commencement date of the Programme; however, a suitable replacement person is welcome to attend in your place, following the approval by the Director of Leadership Collective. Replacements are at the sole discretion of the Director of Leadership Collective. No replacements are possible once the Programme has commenced.

Leadership Collective may terminate your rights under these Terms of Use and access to the Programme immediately by notice in writing if you breach these Terms of Use or use the Programme in a manner that is inappropriate, illegal or may adversely affect the reputation of the Leadership Collective.

Rights & Responsibilities
Leadership Collective NZ Ltd reserves the right to cancel, postpone or re-schedule the programme due to low enrolments or circumstances out of its control. Leadership Colelctive may change fees, dates and location at its sole discretion.

Intellectual Property
The contents of the Programme are the copyright of Leadership Collective unless otherwise specified. You may copy, reproduce, print and use the contents of the Programme for personal or internal business purposes provided you include Leadership Collective’ copyright notice acknowledging Leadership Collective’ ownership of the copyright in the contents of the Programme. You agree not to copy, adapt, reproduce, share, post or otherwise distribute or in any way exploit any of the contents of the Programme for any other purpose.

Disclaimers
While Leadership Collective has endeavoured to ensure that the contents of the Programme are complete, true and accurate, Leadership Collective does not provide any warranty or guarantee in relation to the contents of the Programme and to the fullest extent permitted by law all implied warranties or guarantees are expressly excluded.

Any information, opinions, advice or statements made by the authors of the contents of the Programme are those of the respective authors and not necessarily of Leadership Collective.

The contents of the Programme and any views expressed by Leadership Collective are intended for general guidance only. You should not undertake any particular course of action without first obtaining suitable advice, including where appropriate consulting a medical practitioner or other health professional. No liability will be accepted for any loss, damage, cost or expense suffered or incurred as a result of any actions taken based on the views expressed by Leadership Collective.

Leadership Collective does not guarantee that you will always be able to access the Programme. Leadership Collective will not be responsible for any lack of availability, delay in accessing or quality of access to the Programme.

Leadership Collective does not guarantee the results or specific outcomes from participation in or use of the Programme.

Liability and Indemnity
To the fullest extent permitted by law Leadership Collective excludes all liability, including, without limitation, liability for indirect, special or consequential loss or damage of any kind suffered or incurred in connection with your access or use of the Programme or its contents.

You agree to indemnify Leadership Collective, its directors, employees, contractors and agents in respect of any claim, liability, loss, damage, cost or expense suffered or incurred as a direct or indirect result of any breach of these Terms of Use or use of the Programme or its contents.

Third Party References / Linking
Leadership Collective has no control over linked third party websites and is not responsible for the contents of such sites. Leadership Collective does not endorse or make any representations about the accuracy of information or regarding any products or services found on any linked sites.
You agree to access and use third party sites contained in the Programme and website at your own risk.

Viruses and Similar Devices
Leadership Collective does not warrant that the contents of the Programme or any linked sites, including any downloadable files, are error-free or free from viruses, Trojan horses, worms or similar devices or compatible with any other software or material and Leadership Collective will not be responsible for any loss, damage, cost or expense suffered or incurred as a result of any content or files downloaded or any linked sites.

Force Majeure
No liability is accepted for loss or damage (in either case, of any kind and whether direct, indirect or consequential) or delay caused by any cause beyond Leadership Collective reasonable control.

Privacy
Leadership Collective is committed to protecting your privacy.

Leadership Collective may collect personal information directly from you or indirectly through your use of the Programme and the services and functionality offered through its website or online portal.

You authorise Leadership Collective to use such information for marketing its services to you and keeping you informed of developments or matters in which you may have an interest. Leadership Collective may also disclose such information to any other firm or organisation with whom it is affiliated or as required by law. Leadership Collective will not use or disclose any personal information for any other purpose without your express or implied consent.

You are entitled to access and correct the personal information Leadership Collective holds about you at any time. You may request to be removed from any mailing list or other service Leadership Collective offers by emailing us (subject to any additional terms which apply to such list or service) at kirsten@leadershipco.nz.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall The Leadership Collective, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless The Leadership Collective and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms & Conditions and any separate agreements whereby we provide you, are governed by the laws of New Zealand and any dispute arising in relation to these Terms & Conditions will be determined by the Courts of New Zealand.

Changes to Terms Of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at kirsten@leadershipco.nz.

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