WEBSITE (and/or training portal) TERMS AND CONDITIONS & REFUND POLICY

PLEASE READ AND CONTINUE AS INSTRUCTED

This website is owned and operated by Sharpdrive Limited and GL IP Holdings Ltd ("Owner").  By accessing and using this website, you agree to each of these Terms and Conditions (“Terms”).

The Owner reserves the right to modify these Terms at any time.  Your use of this website following inclusion of such modification in these website Terms and Conditions will be deemed to be your acceptance of such modification.

Refund Policy

Refund Policy for Online Courses (both SharpDrive and ThinkingSafer courses)

• All requests for refunds must be made by E-mailing support@sharpdrive.co.nz
• All requests for refunds must be made within 14 days of purchasing the course online, or no refund will be given
• 100% refunds are granted if the course will not work due to incompatibility with your computer system
• 100% refunds are granted if you request a refund after completing the first three modules and do not believe you are finding value with the course
• No refunds are granted after you have proceeded to module four or above

Passwords

In order to access this website you will be issued a unique password.  This password will also control the level of access you are granted.  Every password issued to you must be kept confidential to you, may only be used by you, and may only be used for the purpose for which it was issued.

Your password may be cancelled at any time you are in breach of these Terms or any amount payable for your password is not paid on due date.

Restrictions

You may not:

• copy, reproduce, translate, adapt, modify, vary, decompile, disassemble or reverse engineer any part of a course, this website or the Owner's system used to drive, support and administer this website ("System");
• make any part of a course available to any other person to whom the appropriate password has not been issued;
• make any other function or information available on this website to any person to whom the appropriate  password has not been issued.
• You must not make any use of a course, this website or the System which is contrary to law or that contravenes the intellectual property, privacy and any other rights of any third party.
• You must not introduce to this website or the System any virus, worm or any other code designed to manipulate or damage the System or website in any way.

Privacy Statement

The collection and use of personal information on individual users of this website is regulated by applicable privacy laws.  Information on the following is collected by this website in relation to each user:

(a) the courses the user is enrolled in;

(b) details of the user's participation in those courses;

(c) the user's results achieved in those courses.

This information is shared with:

(i) the party who paid for your course; and

(ii) the party who issued your password to you.

The Owner may also make information available to third parties to determine the effectiveness of the courses offered on this website or rates of participation of particular user groups.  The Owner will ensure that any such information does not contain anything capable of identifying an individual user.

By taking part in any course accessible on this website you agree to this collection, disclosure and use of any information you submit to the site.

You may request a copy of any information relating to you collected by this website at any time and request that it be corrected.  To make a request please contact us at support@sharpdrive.co.nz

Rights to Material and Information

All rights (including intellectual property rights such as copyright) in any material or course accessible on this website, the website itself, and any information created or collected through this website are the exclusive property of the Owner.

Liability

The Owner’s maximum aggregate liability for all loss or damage arising from any course,  this website, the System or any of their functions (whether in contract, tort or otherwise) shall not exceed the amount received by the Owner for your payment of the course.

Exclusions, Limitations on Access and Changes

The stability and availability of  this website is dependent on the stability of the System, the Owner's ISP provider and the nature of the internet.  Accordingly access to  this website can not be guaranteed to be error free or uninterrupted and the Owner will not be liable for such errors or interruptions.  In addition the security of information transmitted over the internet can not be guaranteed and the Owner will not be liable for any breach of security while information is transmitted over the internet.  The Owner may temporarily suspend access to this website and the System to carry out maintenance, repairs, reconfigurations or upgrades.  The Owner may update or change the  content, nature and functionality of this website or any course from time to time without notice to you or any other person.

Indemnity

You indemnify the Owner, its officers, staff, advisors, clients and suppliers against:

(a) all costs or losses suffered by any of them arising from any breach of these Terms by you;

(b) any costs, losses, claims or liabilities arising from any third party claims made against any of them as a result of any breach of these Terms by you; and

(c) any costs, losses, claims or liabilities of any of them arising from any use of passwords or other information not expressly permitted in these Terms.

Disclaimer

You acknowledge that the content on this website may not be accurate or complete.  The Owner will use reasonable endeavours, but shall not be liable, to rectify any material error in any of the Content as soon as reasonably practicable after being notified of such.  You are solely responsible for any actions you take in reliance on the content on this website.  If you want to rely on any content on this website, you should contact the Owner first.

The Owner and its directors, officers, agents, employees or contractors to the maximum extent permitted by law, exclude all representations, warranties, conditions and other terms (including any conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to this website and its content.

Links

This website may from time to time contain links to third party web sites (other websites). Other websites may not be under the control of the Owner and the Owner takes no responsibility for the content of other websites. The inclusion on this website of a link to any other website does not imply any endorsement by the Owner of that other website.

The Owner prohibits caching, unauthorised hypertext links (including deep linking) to this website and the framing of any content without the Owner’s prior written consent.  The Owner reserves the right to disable any unauthorised frames or links to or from this website.

Cookies

A cookie is a small text file which the Owner may put on your computer's hard disk in order to recognise your computer at a later time. A cookie cannot read your hard drive or perform any commands on your computer and does not contain your name, address, telephone number, or email address.  You may configure your web browser to not accept cookies, however you may experience a loss of functionality as a result. 

Amongst other things, the Owner may use the information collected by cookies to track Site usage patterns or display content that is more relevant to you based on information we collect when you visit this website.

Breach of Terms

The Owner may, without prior notice to you, block your access to this website including if:

(a) you or any person gaining access to this website through you (whether or not using your username and/or password) breaches any of these Terms (or the Owner believes that to be the case);

(b) the Owner otherwise determines that you are accessing or using this website or any content on it in an inappropriate or unacceptable manner.

The Owner may pursue all other remedies available at law for breach of the Terms.

If you become aware of any breach of these Terms, or any misuse of this website, its content or of any username or password by any person (whether or not an approved user of this website) you must notify the Owner immediately in writing.

 No Implied Warranties

To the extent permitted by law, all implied warranties including as to merchantability and suitability for any purpose are expressly excluded.

Governing Law and Jurisdiction

These Terms are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the New Zealand courts in respect of all matters relating to these Terms.

© Copyright SharpDrive Limited and GL IP Holdings Limited 2010.  All rights reserved.

IF YOU DO NOT ACCEPT THESE WEBSITE TERMS AND CONDITIONS PLEASE EXIT THE SITE.