Our Privacy Policy

Last Updated on March 26th, 2021

INTRODUCTION

Here at KiwiBoss Limited (we, us or our) protecting your privacy and treating your personal information
with care is of paramount importance to us. This Privacy Policy explains what personal information we
collect, why we collect personal information and how we collect, use, disclose, store and protect your
personal information when you visit our website, provide us with information yourself (such as when
you sign up to our service or use our services) or when you accept services from us.
It also explains how to contact us to correct, update or delete any personal information provided to us,
or make a complaint if you have concerns. We are compliant with the Privacy Principles of New
Zealand.
We will only collect and process personal information about you where we have a lawful basis to do
so. Lawful basis includes consent (where you have given consent), use of our service (where
processing is necessary for the performance of our service with you) and legitimate interests
(including security threats or frauds, risk of harm to self or others, compliance with applicable laws,
and enabling us to administer our service).
You expressly and voluntarily grant your informed consent to us to deal with your personal information
in accordance with the terms and conditions of this Privacy Policy. You have the right to withdraw or
decline your consent at any time and where we rely on legitimate interests, you have the right to

object.

CHANGES THAT WE MAKE TO OUR PRIVACY POLICY
We will notify you about any changes to our Privacy Policy by updating the “Last Updated” date of this
Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of
updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to
have accepted the changes in any revised Privacy Policy by your continued use of our Website after
the date such revised Privacy Policy is posted.
COLLECTION OF YOUR PERSONAL INFORMATION BY THIRD PARTIES
This Privacy Policy does not apply to any third-party linked which may also collect and use information
about you. We are not responsible for any of the information collected by any such third party.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT
ACCESS OUR WEBSITE, USE OUR SERVICE OR PROVIDE ANY INFORMATION ABOUT
YOURSELF TO US.
WHICH ENTITIES DOES THIS PRIVACY POLICY COVER?
This Privacy Policy applies to us with respect to content on our website, our services and information
you provide to us about yourself.
WHAT IS PERSONAL INFORMATION?
Personal information is defined as information or an opinion (including information or an opinion
forming part of a database), whether true or not, and whether recorded in a material form or not,
about an individual whose identity is apparent, or can reasonably be ascertained, from the information
or opinion.
WHEN AND HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
We collect most personal information directly from you when you consent to use our service or
receive communications from us. Your consent may be express (e.g. you agree to the use of your
information by ticking a box) or implied by an action you take or do not take (i.e. because you have
agreed to terms and conditions that contain information about the use or disclosure of your
information).
You provide us your information when you use our service or you use our website generally or you
deal with us.
WHAT PERSONAL INFORMATION DO WE COLLECT?
Personal Data
We collect demographic and other personally identifiable information (such as your name and email
address). We may collect the following types of personal information:
• name;
• mailing or street address;
• email address;
• telephone number and other contact details;
• age or date of birth;
• credit card information;
• your device ID, device type, geo-location information, computer and connection information,
statistics on page views, traffic to and from the sites, ad data, IP address and standard web
log information;
• details of the products and services we have provided to you or that you have enquired
about, including any additional information necessary to deliver those products and services
and respond to your enquiries;
• any additional information relating to you that you provide to us directly through our website
or app or indirectly through your use of our website or app or online presence or through other
websites or accounts from which you permit us to collect information;
• information you provide to us through customer surveys; or
• any other personal information that may be required in order to facilitate your dealings with
us.
We may collect these types of personal information either directly from you, or from third parties. We
may collect this information when you:
• register on our website or app;
• communicate with us through correspondence, chats, email, or when you share information
with us from other social applications, services or websites;
• interact with our sites, services, content and advertising; or
• invest in our business or enquire as to a potential purchase in our business.
Children’s Privacy
 
Our website and service does not address anyone under the age of 18 (Children). Our website and
service is intended for and directed to adults and we do not knowingly collect personal information
from Children without the express consent of a parent or legal guardian.
If you are a parent or guardian and you are aware that your Children have provided us with personal
information, please contact us. If we become aware that we have collected personal information from
Children without verification of parental consent, we will take steps to remove that information from
our servers.
WHY DO WE COLLECT YOUR PERSONAL INFORMATION?
We may collect your personal information when required by law but generally we collect personal
information from you (or about you) to allow us to:
· supply you with information about our service and products;
· supply you with tailored service offerings that may benefit you;
· marketing and advertising to you;
· communicate more effectively with you about our services and your care; and
· ensure your experience with us is a positive one.
Personal information collected or received by us will only be used for the stated purpose for which it
was provided.
WHEN DO WE DISCLOSE YOUR PERSONAL INFORMATION?
 
We may collect, hold, use and disclose your personal information for the following purposes:
• to enable you to access and use our website or services;
• to operate, protect, improve and optimise website or services, business and our users’
experience, such as to perform analytics, conduct research and for advertising and marketing;
• to send you service, support and administrative messages, reminders, technical notices,
updates, security alerts, and information requested by you;
• to send you marketing and promotional messages and other information that may be of
interest to you, including information sent by, or on behalf of, our business partners that we
think you may find interesting;
• to administer rewards, surveys, contests, or other promotional activities or events sponsored
or managed by us or our business partners;
• to comply with our legal obligations, resolve any disputes that we may have with any of our
users, and enforce our agreements with third parties; and
• to consider your employment application.
If personal information is disclosed to a third party, we are required to take all reasonable steps to
ensure your personal information is treated in accordance with the laws that apply to personal
information in that country. We may also disclose your personal information to a trusted third party
who also holds other information about you. This third party may combine that information in order to
enable it and us to develop anonymised consumer insights so that we can better understand your
preferences and interests, personalise your experience and enhance the products and services that
you receive.
 
TO WHOM DO WE DISCLOSE YOUR PERSONAL INFORMATION?
We may disclose personal information for the purposes described in this privacy policy to:
• our employees and related bodies corporate;
• third party suppliers and service providers (including providers for the operation of our
websites and/or our business or in connection with providing our products and services to
you);
• professional advisers, dealers and agents;
• payment systems operators (eg merchants receiving card payments);
• our existing or potential agents, business partners or partners;
• our sponsors or promoters of any competition that we conduct via our services;
• anyone to whom our assets or businesses (or any part of them) are transferred;
• specific third parties authorised by you to receive information held by us; and/or
• other persons, including government agencies, regulatory bodies and law enforcement
agencies, or as required, authorised or permitted by law.
AGGREGATE INFORMATION & DIRECT MARKETING
 
We do not sell your personal information. We may aggregate the information you and others make
available to us and share it with third parties.
We may use, sell, license, and share this aggregated information with third parties for research or
other purposes such as to improve our services or to help our partners understand more about the
users of our service issues.
We and/or our carefully selected business partners may send you direct marketing communications
and information about our service and products. This may take the form of emails, SMS, mail or other
forms of communication, in accordance with the laws of your country. You may opt-out of receiving
marketing materials from us by contacting us using the details set out below or by using the opt-out
facilities provided (eg an unsubscribe link).
You can object to us using your information for these purposes.
WHAT IF YOU DON’T WANT US TO COLLECT YOUR PERSONAL INFORMATION?
You are not obligated to provide us with your personal information. You may choose whether you
receive communications from us. Whilst it is your choice not to provide your personal information to
us this may impede our ability to provide you with all the functionality of our service.
WHAT IF YOU DON’T WANT TO RECEIVE FURTHER COMMUNICATIONS FROM US?
 
Should you wish to remove yourself from our database you may do so at any time by contacting us.
HOW CAN I ACCESS, CORRECT AND/ OR UPDATE PERSONAL INFORMATION YOU HAVE
COLLECTED?
 
At any time, you may contact us and request your personal information be modified. We will make all
efforts to correct data once we have proved your identity.
We will deal with all requests for access to personal information as quickly as possible, but no later
than 30 calendar days from the date of your request (unless any complexities arise). Requests for a
large amount of information, or information which is not currently in use, may require further time
before a response can be given.
We will provide you your personal information in a structured, commonly used, machine-readable
format.
In some cases, we will refuse to give you access to personal information we hold about you. This
includes, but is not limited to, circumstances where giving you access would: be unlawful; have an
unreasonable impact on other people’s privacy; prejudice an investigation of unlawful activity; reveal
our intentions in relation to negotiations with you so as to prejudice those negotiations; prejudice
enforcement related activities conducted by, or on behalf of, an enforcement body; reveal evaluative
information generated within our business in connection with a commercially sensitive decisionmaking process.
We will also refuse access where the personal information relates to existing or anticipated legal
proceedings, and the information would not be accessible by the process of discovery in those
proceedings. Further, we will refuse access where your request is frivolous or vexatious, and where
we reasonably believe that unlawful activity, or misconduct of a serious nature, is being or may be
engaged in against us and giving access would be likely to prejudice the taking of appropriate action
in relation to that matter.
If we refuse to give you access we will provide you with reasons for our refusal, unless doing so would
be unreasonable in the circumstances. We will also take reasonable steps to give you access in a
way that meets your needs without giving rise to the reasons of our refusal. Further, we will provide
details of how you may make a complaint about our decision.
Please note that the access and correction requirements under this Privacy Policy operates alongside
and do not replace other informal or legal procedures by which an individual can be provided access
to, or correction of, their personal information.
HOW DO WE STORE AND PROTECT YOUR PERSONAL INFORMATION?
 
For us to provide excellent service we are required to store some personal information and take the
greatest of care to ensure this information is treated as private and confidential. Transmitting personal
data via the internet does have inherent risks associated with it. We will however take all reasonable
steps to ensure the security of this data.
We have taken the necessary measures to ensure the personal information we hold is not
compromised. In accordance with and as permitted by applicable law and regulations we will retain
your information as long as necessary to serve you, to maintain your account or as otherwise needed
to operate our service.
Our website is protected by security certificates and are built considering all modern security stands
where possible. We will take reasonable steps to maintain the integrity and security of any personal
information we have stored, including taking reasonable steps to prevent interference and loss,
misuse, unauthorised access, modification or disclosure of such personal information.
Note that no information transmitted over the Internet can be guaranteed to be completely secure.
While we will endeavour to protect your personal information as best as possible we cannot
guarantee the security of any information that you transmit to us, or receive from us. The transmission
and exchange of information is carried out at your own risk.
It is important that you protect your privacy by ensuring that no one obtains your personal information
and you must contact us either directly if your details change. Should your information be erroneously
provided to us or no longer remain valid within the constraints of this Privacy Policy we will securely
destroy or de-identify it as soon as practicable, as long as it is lawful to do so.
We have obligations to notify you if you are affected by a data breach. We will take all reasonable
precautions to take remedial action to prevent such an event. However, as we cannot guarantee that
remedial action will be sufficient to prevent all instances of a breach, we will take steps to notify you of
an eligible data breach as soon as practicable, and provide recommendations as to what steps you
should take to mitigate any serious issues.
For UK residents, where we employ data processors to process personal information on our behalf,
we only do so on the basis that such data processors comply with the requirements under the GDPR
and that have adequate technical measures in place to protect personal information against
unauthorised use, loss and theft.
LOG DATA
 
Whenever you use our website, in a case of an error in the website we collect data and information
(through third party products) on your phone called Log Data. This Log Data may include information
such as your device, Internet Protocol address, device name, operating system version, the
configuration of the device when utilizing our website, the time and date of your use of our website
and other statistics.
TRANSFER OUT
We may transfer data we receive about you, including all personal information, to our hosting service
providers and data centres located overseas. You hereby expressly and voluntarily grant your
informed consent to such transfers. Transfers to out of your county will be protected by appropriate
safeguards, these include one or more of the following: the use of standard data protection clauses
adopted or approved by the European Commission which you can obtain from the European
Commission Website.
You acknowledge that personal data that you submit for publication through our website or services
may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such
personal data by others.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify or amend this Privacy Policy at any time.
If you object to any changes, you may cease using our website and/or our services. You acknowledge
and agree that your continued use of our website means that the collection, use and sharing of your
personal information is subject to the updated Privacy Policy.
COOKIES
Cookies are text files placed on your computer to collect standard Internet log information and visitor
behaviour information. When you visit our website, we may collect information from you automatically
through cookies or similar technology. While we do not use browsing information to identify you
personally, we may record certain information about your use of our website, such as which pages you
visit, the time and date of your visit and the internet protocol address assigned to your computer.
Insofar as those cookies are not strictly necessary for the provision of our website and services, we will
ask you to consent to our use of cookies when you first visit our website. We may also use ‘cookies’ or
other similar tracking technologies on our website that help us track your website usage and remember
your preferences. Cookies are small files that store information on your computer, TV, mobile phone or
other device. They enable the entity that put the cookie on your device to recognise you across different
websites, services, devices and/or browsing sessions. You can disable cookies through your internet
browser but our websites may not work as intended for you if you do so.
Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by
a web browser and will remain valid until its set expiry date, unless deleted by the user before the
expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the
web browser is closed.
COOKIES THAT WE USE
 
We use cookies for the following purposes:
· authentication and status – we use cookies to identify you when you visit our website and as you
navigate our website, and to determine if you are logged into the website
· personalisation – we use cookies to store information about your preferences and to personalise the
website for you
· security – we use cookies [as an element of the security measures used to protect user accounts,
including preventing fraudulent use of login credentials, and to protect our website and services
generally
· advertising – we use cookies to help us to display advertisements that will be relevant to you
· analysis – we use cookies to help us to analyse the use and performance of our website and services
· cookie consent – we use cookies to store your preferences in relation to the use of cookies more
generally.
COOKIES USED BY OUR SERVICE PROVIDERS
 
Our service providers use cookies and those cookies may be stored on your computer when you visit
our website.
 
Google Analytics
 
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic.
Google uses the data collected to track and monitor the use of our Service. This data is shared with
other Google services. Google may use the collected data to contextualize and personalize the ads of
its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing
the Google Analytics opt-out browser add-on. The add-on prevents Google Analytics JavaScript
(ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web
page: http://www.google.com/intl/en/policies/privacy/
Google AdWords
 
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display
Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on –
https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser
Add-on provides visitors with the ability to prevent their data from being collected and used by Google
Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web
page: http://www.google.com/intl/en/policies/privacy/
Facebook
 
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page:
https://www.facebook.com/help/164968693837950
To opt-out from Facebook’s interest-based ads follow these instructions from Facebook:
https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by
the Digital Advertising Alliance. You can also opt-out from Facebook and other participating
companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the
Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive
Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile
device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy:
https://www.facebook.com/privacy/explanation
MANAGING COOKIES
 
Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so
vary from browser to browser, and from version to version. You can however obtain up-to-date
information about blocking and deleting cookies via these links:
https://support.google.com/chrome/answer/95647 (Chrome);
https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
https://help.opera.com/en/latest/security-and-privacy/ (Opera);
https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
(Internet Explorer);
https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac
(Safari); and
https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
Blocking all cookies will have a negative impact upon the usability of many websites. If you block
cookies, you will not be able to use all the features on our website.
GENERAL DATA PROTECTION REGULATION (GDPR) FOR THE EUROPEAN UNION (EU)
We will comply with the principles of data protection set out in the GDPR for the purpose of fairness,
transparency and lawful data collection and use.
We process your personal information as a Processor and/or to the extent that we are a Controller as
defined in the GDPR.
We must establish a lawful basis for processing your personal information. The legal basis for which
we collect your personal information depends on the data that we collect and how we use it.
We will only collect your personal information with your express consent for a specific purpose and any
data collected will be to the extent necessary and not excessive for its purpose. We will keep your data
safe and secure.
We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a
contractual or legal obligation.
We process your personal information if it is necessary to protect your life or in a medical situation, it is
necessary to carry out a public function, a task of public interest or if the function has a clear basis in
law.
We do not collect or process any personal information from you that is considered “Sensitive Personal
Information” under the GDPR, such as personal information relating to your sexual orientation or ethnic
origin unless we have obtained your explicit consent, or if it is being collected subject to and in
accordance with the GDPR.
You must not provide us with your personal information if you are under the age of 16 without the
consent of your parent or someone who has parental authority for you. We do not knowingly collect or
process the personal information of children.
YOUR RIGHTS UNDER THE GDPR
 
If you are an individual residing in the EU, you have certain rights as to how your personal information
is obtained and used. We comply with your rights under the GDPR as to how your personal information
is used and controlled if you are an individual residing in the EU
Except as otherwise provided in the GDPR, you have the following rights:
· to be informed how your personal information is being used;
· access your personal information (we will provide you with a free copy of it);
· to correct your personal information if it is inaccurate or incomplete;
· to delete your personal information (also known as “the right to be forgotten”);
· to restrict processing of your personal information;
· to retain and reuse your personal information for your own purposes;
· to object to your personal information being used; and
· to object against automated decision making and profiling.
Please contact us at any time to exercise your rights under the GDPR at the contact details in this
Privacy Policy.
We may ask you to verify your identity before acting on any of your requests.
NOTICE FOR CALIFORNIA RESIDENTS
If you are a visitor or a user from California, you have certain rights which are granted to you under The
California Consumer Privacy Act (“CCPA”) and the California Online Privacy Protection Act
(“CalOPPA”). We are legally bound by the requirements of either or both of these legislative acts when
we fall within the scope of one or both of them.
YOUR RIGHTS
If you are a California resident, you may request that we disclose to you the following information
covering the 12 months preceding your request:
● The categories of personal information that we have collected about you and the categories of
sources from which we collected such personal information
● The business or commercial purposes for collecting such personal information
● The categories of personal information about you that we have disclosed to third parties for a
business purpose and the categories of third parties to whom we have disclosed such personal
information
You, as a resident of California may contact us by using the details in section “Questions and Contacts”
above to obtain copies of any personal information that may have been collected or stored about you,
and request its correction or deletion as may be required and permitted by law. Nevertheless, there
may be legal or other reasons that we will have to decline to honor your request. For example, in cases
if we cannot verify your identity or confirm that the personal information that we maintain relates to you,
or if we cannot verify that you have the authority to make a request on behalf of another individual.
We will not sell or trade any personal information collected from you. Therefore, you do not need to opt
out in order to prevent the sale or trading of personal data.
ENQUIRIES, REQUESTS & COMPLAINTS
Enquiries regarding this Privacy Policy or the personal information we may hold on you, should be
addressed with the Privacy Officer, whose contact details are below.
If you think your personal information, held by us, may have been compromised in any way or you have
any other Privacy related complaints or issues, you should also raise the matter with the Privacy Officer.
We will ensure your claims are investigated and a formal response will be provided to you, within a
reasonable time, considering the circumstances of your claims. If any corrective action is determined
to be required, as a result of that investigation, we will take all reasonable steps to rectify the situation
and advise you of such, again within a reasonable time considering the circumstances.
If we do not resolve your enquiry, concern or complaint to your satisfaction or you require further
information in relation to any privacy matters, please contact the Office of the New Zealand Privacy
Commissioner, whose contact details are below.
Office of the New Zealand Privacy Commissioner
 
Telephone 0800 803 909
Email investigations@privacy.org.nz
Postal Address PO Box 10 094, Wellington 6143
Website https://www.privacy.org.nz/

OUR GENERAL WEBSITE TERMS AND CONDITIONS

Last Updated on March 26th, 2021

OUR GENERAL WEBSITE TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE
SITE.
1. GENERAL
1.1 These Terms of Service (the Terms) govern your use of our website located @
www.kiwiboss.co.nz (the Site) and form a binding contractual agreement between you, the user
of the Site and us, KiwiBoss Limited. For that reason, these Terms are important and you should
ensure that you read them carefully and contact us with any questions before you use the Site.
1.2 By viewing or browsing the Site, you acknowledge that you have had sufficient chance
to read and understand these Terms, and that you agree to be bound by them.
1.3 If you do not agree to these Terms, you may not access or otherwise use the Site and
the Services offered on the Site and should navigate away immediately.
1.4 The information contained in this website is for general information purposes only.
The information is provided by KiwiBoss Limited and while we endeavour to keep the
information up to date and correct, we make no representations or warranties of any kind,
express or implied, about the completeness, reliability, accuracy, suitability or availability with
respect to the website or the information, products, services, or related graphics contained on
the website for any purpose.
1.5 The use of this Site is intended for adult persons aged 18 years and older.
2. DEFINITIONS
Agreement means these terms and conditions of use and the documents referred to on it.
Content means all content on the Site whether Ours, third party content or User content.
Intellectual Property Rights means all intellectual property rights, including all copyright,
patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of
a similar nature, whether registrable or not and whether registered or not, and any applications
for registration or rights to make such an application.
Services means the products and/or services we provide to Users via the Site including
information about our products and/or services.
User means any person or entity who gains access to, views or browses the Site.
You mean you, the User.
Us, We, Our means KiwiBoss Limited.
3. REGISTRATION INFORMATION
3.1 You do not need to register to the Site in order to browse Content on the Site. However, to
obtain full access to the Services, registration may be required. Any personal data or information
provided by you is processed by us in accordance with our [PRIVACY POLICY]. If you are
required to register an account and provide us with information about yourself:
(a) you agree that all information provided during the registration process is true and
accurate and you will update this information in order to keep it current, complete and
accurate; and
(b) you agree to the terms of our [PRIVACY POLICY].
4. ACCESSING THE SITE
4.1 You acknowledge and agree that although we will use all reasonable efforts to ensure that
the Site is available, temporary interruptions to the Site may occur. We shall not be liable to any
person or entity for loss or damage incurred by such downtimes.
4.2 All content and services provided on or through this site are provided “as is” and “as
available” for your use. The content is provided without warranties or conditions of any kind either
express or implied, including but not limited to implied warranties and conditions of
merchantability, fitness for a particular purpose or non-infringement. Your use of this site is solely
at your risk.
4.3 We reserve the right to withdraw or amend the Services and we provide on the Site without
notice. We may restrict access to some parts of or the entire Site, from time to time.
4.4 You are responsible for making any arrangements necessary for you to have access to the
Site. You are also responsible for ensuring that all persons who access the Site through your
account are aware of these Terms and that they comply with them.
5. DISCLAIMER
5.1 This disclaimer of liability applies to any damages or injury caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft, or destruction or unauthorized access or,
alteration of or use of record in connection with the use or operation of the Site, whether for
breach of contract, tortious behaviour, negligence or any other cause of action.
5.2 We make no representations or warranties of any kind, express or implied, about the
completeness, accuracy, reliability, suitability or availability with respect to the Services or the
Content contained on the Site for any purpose. Any reliance you place on such information is
therefore strictly at your own risk. We disclaim any express or implied warranty representation or
guarantee as to the effectiveness or profitability of the Services or that the operation of our Site
will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or
error in the Site or the Services.
6. THIRD PARTY WEBSITES
6.1 The Services may link to other websites, services or resources on the Internet, such as
Twitter and Facebook, and other websites, services or resources may contain links to the
Services. These websites are not under our control and are not maintained by Us. We are not
responsible for the content of those sites. We only provide links to external websites as a
convenience, and the inclusion of such a link to external websites do not imply our endorsement
of those sites. You acknowledge and agree that when you access other websites on the Internet,
you do so at your own risk.
6.2 We make no representation about any other website you access through this one. Please
understand other websites are independent from our sites so we do not accept responsibility for
such websites.
7. APPROPRIATE USAGE AND RESPONSIBILITIES
7.1 Users’ agree to be compliant when using Our Site policies, including this Agreement with
regard to all local, state, national, and international laws, rules and regulations, as well as any
laws regarding the transmission of technical data exported from the Users’ country of residence.
7.2 All Users’ are responsible for supplying us with accurate data at all times and modifying
any User information immediately when changes occur, the quality of data entered by the User,
and validity of data entered by the User, including the source of the data.
7.3 No User shall use the Site for any fraudulent or inappropriate purposes and agree not to
promote the unauthorized use of a third party or to encourage the unauthorized use of a third
party to use any portion of the Site to transmit or upload any content that is against the law,
abusive, unauthorized, harassing, obscene, slanderous, virus containing, or is otherwise
distasteful as reasonably determined by Us.
7.4 Users’ agree not to resell, reproduce or take advantage of any part of our Site by robot,
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19.5 We may assign or sublicense any of our rights or obligations under these terms and
conditions at any time, without obtaining your consent.
Terms last updated on: 25 March 2021

Terms and Conditions for KiwiBoss Online Course:

Leader’s Guide to Performance Management

Last Updated on March 26th, 2021

Acceptance of Terms
These Terms constitute the entire and only agreement between you and KiwiBoss Limited
and supersedes all prior agreements, conduct, representations and understandings relating
to this course. References to “KiwiBoss”, “we”, “us”, “our”, mean KiwiBoss Limited.
References to “you”, “your”, “registrant” mean you or the entity or the registrant that has
access to and use all or any part of the KiwiBoss Product Suite.
“Product(s)” and / or “Services” means any course, program, event, video, guide, webinar,
workbook, coaching, training or any combination of these products.
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excludes third party offerings that may advertised on our Site including but not limited to
offerings from HRNZ and CCH Learning. Those offerings are governed by the terms set by
those third-party providers.
“Site” means kiwiboss.co.nz
These Terms and Conditions (Terms) govern your use of our Products and Services. They
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By purchasing, accessing, downloading or using our Products and Services you agree to be
bound by these Terms, which you acknowledge that you have read and understood.
We may change all or part of these Terms at any time. Amended terms and conditions will
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any changes. If you object to any changes to the Terms, you may contact
julia@kiwiboss.co.nz and must immediately discontinue use of our Products.
These Terms are important and you should ensure that you read them carefully and contact
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or engaging our Services.
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of the following month, please contact julia@kiwiboss.co.nz to discuss your requirements.
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with us, you also affirm the same rights and undertakings explained in these Terms to them.
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placed on a waiting list. Reservation is not guaranteed until payment is received. If payment
is received and Product and /or Service has reached it’s attendee cap, you will be refunded
in full.
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date means that you are unable to attend a live event, we will endeavour to provide you with
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payment-avoiding strategies employed where we deem it is appropriate.
We endeavour to work with clients who have financial difficulties to ensure actions such as
those listed above do not happen. If you are having difficulties or require a payment plan,
please contact us.
In circumstances where we invoice you for payment, payment is due and payable by the
payment date noted on the invoice. Failure to make payment by the payment date may lead
to suspension of use of our product and/or services.
From time to time, we may offer previous course attendees the opportunity to purchase
additional products and services at a discounted rate.
Cancellations and Refunds
You may not cancel or amend a Product or Service after purchase. You may substitute a
Participant before the commencement of the Product and / or Service. Substitutions must
be emailed to julia@kiwiboss.co.nz
Without creating a binding obligation, we will consider a request for a refund if we are unable
to provide you with the Product or Service at the original date and time as advertised and
have not provided you with a recording or commensurate resource.
Each refund request will be assessed on a case-by-case basis and when genuine value has
not been received or is unable to be received, refunds will be granted at the discretion of our
team. Any refund requests must be received within 7 days of completing the Product and /
or Service.
We may cancel or suspend your access to our Products or Services due to a breach of
these Terms. Such breach will be determined by us in our sole discretion. You will be
eligible for a refund of any amount spent if you access is cancelled or suspended due a
breach of these Terms.
About your Course: Leader’s Guide to Performance Management “Leader’s Guide”
Your course has 4 modules, each of which will be unlocked each week of the month
that you attend the course:
Week 1 – Motivate Staff to succeed
Week 2 – Effectively delegate and supervise
Week 3 – Give feedback and performance reviews
Week 4 – Manage poor performers
Facilitators
Our team of facilitators includes employment lawyer Julia Shallcrass, who will give you
practical guidance on how to you reduce your legal risk, while improving performance and
team results. Our team of facilitators includes HR consultants and people management
experts.
Learning experience
The Leader’s Guide is an interactive and engaging learning experience, giving you the
chance to ask questions and collaborate with others.
Videos. Learn through a mix of videos, and live facilitated webinar sessions for group
coaching and discussions. Videos on each module will be unlocked each week that you
attend the course. You can view all videos for 3 years guaranteed from date of purchasing
the Leader’s Guide.
Live weekly webinars. Twice a week during the duration of the 4 week course, you’ll get
the chance to join our experts in live webinars to answer your queries, share your ideas in
group discussions, and practise your management techniques in real-world activities.
Our Q&A webinar will be on Fridays at 11 am, and our Activities sessions will be on
Wednesdays at 11 am on each month (June, August and October). The Q&A webinar will
be recorded for viewing later, and attendees can send questions in advance.
Download fillable workbook with templates.
Access checklists on delegation and performance reviews, coaching and performance
review templates, complete practical activities, and much more.
Certificate of completion for CPD points.
We will give you a certificate of completion for successfully completing the programme –
including 75% correct score on quizzes.
Learn in your own time and at your own pace. Complete the video modules and
worksheets when it fits into your work week.
Additional coaching and training
You can choose expert individual and inhouse coaching sessions in addition to the course:
– The individual coaching is online through Zoom (or any other technology), and
includes 3 sessions of 1 hour coaching.
– The inhouse coaching is online through Zoom (or other technology) and includes 4
sessions of 1 hour coaching for up to 10 attendees.
– Both the above coaching and training will take place at a time that suits the facilitator
and the individual/organisation during the 4 week course (or after as agreed). The
coaching is designed to make the training more personalised and coach the
individual and organisation for success with performance management.
Dates – We accept registrations for the Leader’s Guide in June, August or October 2021.
Updates
While you will have 3 years guaranteed access to the Leader’s Guide course date of
purchase, we may charge for you to access any updates.
Prices
The following are RRP prices for Leader’s Guide as at the date of these terms:
$597 plus GST per individual registrant
$4,997 plus GST for registration of up to 10 employees
$9,497 plus GST for registration of up to 20 employees
$17,997 plus GST for registration of up to 50 employees
We also offer individual coaching and inhouse coaching through Zoom, at the following rates
as at the date of these terms:
$697 plus GST for individual coaching on course modules – 3 x 1 hour sessions of online
individual coaching
$1497 plus GST for inhouse coaching on course modules – 4 x 1 hour online coaching
session of up to 10 attendees
Access to our Products and Services
If access to our Products and Services requires you to log in to our Site or a KiwiBoss
restricted access portal, we will provide you with access once Online Payment has been
received.
You must provide accurate, complete and up-to-date registration information, as requested,
and it is your responsibility to inform us of any changes to your registration information.
Where you are registering on behalf of another individual or group of individuals, you must
provide us with their accurate, complete and up-to-date registration information, as
requested.
We may at any time request a form of identification to verify your identity, or identity of any of
your individuals accessing our Products and Services.
If you are a registered user or member to this Site, you acknowledge and agree that:
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b. You will not reveal (or cause to be revealed through any act or omission) your
Password to any other person;
c. You will immediately notify us if your Password is lost or becomes known to any
other person
d. You are solely responsible for all access to and use of our Products and Services via
your Password, whether such access or use is by you or any other person; and
To the extent that you provide personal information, we will treat such information strictly in
accordance with our Privacy Policy.
Our Products and Services require every user to register and pay for access. .Organisations
must register for each and every individual user. Our Products and Services cannot be
used by more than the number of users registered and paid for. The sharing of access to
our Products and Services with any person or organisation who has not paid for access is
strictly prohibited. If you are found to have breached this rule, such breach to be determined
at our own discretion, access will be immediately revoked and you waive any right to a
refund. You will also be barred from purchasing any of our Products and Services in the
future.
General Disclaimer
All our Products and Services are intended for general education and information purposes
only. Nothing on this Site, or any of the content provided to you by us during our provision of
the Products and/ or Services, purports to offer legal, medical, tax or other professional
advice. Use caution and always seek professional advice before acting on any information
that we provide.
KiwiBoss provides support, guidance and tools for you to set goals, determine priorities and
achieve results, but any decision you make, and the consequences that flow from such
decisions, is your sole responsibility.
Any testimonials and examples within our marketing materials are not to be taken as a
guarantee that you will achieve the same or similar results.
You acknowledge and agree that KiwiBoss, its directors, principals, employees and
representatives are not responsible for decisions that you may make nor losses that may
arise out of any business or personal decision made by you at any time.
KiwiBoss cannot and does not make any guarantees about your ability to get results with
staff performance, or earn any money with our ideas, information, tools, or strategies. You
acknowledge that there is an inherent risk in any business enterprise or activity and agree
there is no guarantee that you will earn any money as a result of your purchase of our
Products and/or Services
Your Obligations
When using our Products and/or Services, you may be given access to LinkedIn, Slack,
Facebook groups, other online or in person forums (KiwiBoss Community) or events in
which you may post comments, photos, messages or other material (Your Content). When
posting Your Content, you agree that you will not post or otherwise publish through this Site
or our KiwiBoss Community any of the following:
a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive,
libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening,
abusive, offensive, inflammatory or otherwise objectionable.
b. Content that harasses, degrades, intimidates or is hateful to an individual or group of
individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or
disability.
c. Information that includes personal or identifying information about another person
without that person’s consent.
d. Information that constitutes promotion or advertisement for groups, events or
activities organised through competing social clubs, activity sites and internet
platforms, except as otherwise expressly permitted by us.
e. Any information or content that impersonates any person or entity.
f. Any material, non-public information about companies without authorisation to do so.
g. Any advertisements, solicitations, chain letters, pyramid schemes, investment
opportunities or other unsolicited commercial communication (except as otherwise
expressly permitted by us).
By posting or otherwise publishing Your Content on our Site or KiwiBoss Community, you:
a. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use,
reproduce, edit and exploit Your Content in any form and for any purpose;
b. Warrant that you have the right to grant the above licences;
c. Warrant that Your Content does not breach these Terms; and
d. Consent to any act or omission which would otherwise constitute an infringement of
your moral rights, and if you add any content in which any third party has moral
rights, you must also ensure that the third party also consents in the same manner.
We reserve the right (but have no obligation) to:
a. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates
these Terms or otherwise has the potential to harm, endanger or violate the rights of any
person; and
b. Monitor use of the Site, and store or disclose any information that we collect,
including in order to investigate compliance with the Terms or for the purposes of any
police investigation or governmental request.
Code of Conduct
Our Site and KiwiBoss Community is a space for learning and is a pitch-free, solicitation-free
and sales-free environment.
Whilst using this Site and/or our KiwiBoss Community, we ask that you not:
a. Contact anyone who has asked not to be contacted.
b. Collect personal data about other users for commercial or unlawful purposes.
c. Infringe other user’s privacy rights.
d. Violate the intellectual property of others.
e. Post anything that contains software viruses, worms or any other harmful code; or
f. Use manual or automated software, devices, script robots, other means or processes
to access our Site or any related data or information.
Please see our KiwiBoss Community Guidelines in the appendix to these Terms for more
information.
Confidentiality
We respect your confidential and proprietary information, ideas, plans and trade secrets
(collectively, Confidential Information) and by using our Products and/or Services, you agree
to respect the same rights of the other participants (Participants) and representatives of
KiwiBoss.
You agree:
a. That any confidential information shared by Participants or any of our representatives
is confidential and proprietary and belongs solely and exclusively to the Participant who
discloses it or to us.
b. Not to disclose such information to any other person or use it in any manner other
than in discussion with Participants during training sessions.
c. That all materials and information provided to you by us are our confidential and
proprietary information and intellectual property, belong solely and exclusively to us,
and may only be used by you as authorised by us.
d. That if you violate, or threaten to violate, any of your agreements contained in this
paragraph we will be entitled to, among other things, injunctive relief to prohibit such
violations.
While you are free to discuss your personal results from our services, you must keep the
experience and statements, oral or written, of the Participants in the strictest of confidence.
Copyright and Trade Mark Notices
All material that forms part of this Site, our KiwiBoss Community, any restricted access portal
or otherwise delivered by us including (but not limited to) course content, text, graphics,
workbooks, information architecture and coding (Our Content), is subject to copyright. You
may access, browse or print Our Content for non-commercial, personal or internal business
use. You may modify templates provided within our Products and Services for your internal
organisation or business use. You may not copy, record, or reproduce it for any other
purpose. Modification of Our Content for any other purpose is a violation of our copyright
and other proprietary rights and is strictly prohibited. If you are unsure if your intended use
is allowed, please contact julia@kiwiboss.co.nz.
You acknowledge that you do not acquire any ownership rights by using the Site or Our
Content.
You agree that damages may be an inadequate remedy to a breach of these Terms and
acknowledge that KiwiBoss will be entitled to seek injunctive relief if such steps are
necessary to prevent violations of its intellectual property rights.
Virtual and In Person Events
For the purpose of the paragraphs below, any virtual events or in-person events hosted by
KiwiBoss, including our weekly webinars will be referred to as ‘Events’.
Events are strictly adults only to ensure professionalism and a quiet working environment for
all other attendees.
KiwiBoss reserves the right to exclude you from any Event should you, in our sole
determination, become disruptive.
You understand and acknowledge that we or our representatives may record any aspect of
an Event (Recordings). Those Recordings may be in the form of audio, video or still
photography, and those Recordings may be used in the production of marketing or other
materials to be used by us.
You must not make any recordings of the Events yourself.
You hereby waive any and all legal rights you may have against KiwiBoss in respect of
Recordings of your participation in the event and grant to KiwiBoss the absolute right and
permission to copyright and use, reuse and publish the Recordings where you may be
depicted or included, in whole or in part, or composite or distorted in character or form,
without restriction as to changes or alterations from time to time, or reproductions thereof in
colour or otherwise, made through any medium and in any and all media now or later known,
for art, advertising, trade or any other legal purpose. You also consent to the use of any
printed matter in conjunction with that use.
You waive any right that you may have to inspect or approve the finished product or
products of the Recordings or any printed matter that may be used in connection with the
Recordings or the use to which it may be applied.
You hereby release, discharge and agree to hold harmless KiwiBoss from any and all liability
that has or may occur in the making of the Recordings or any subsequent process or
publication.
You acknowledge and understand that you are not permitted to make any of your own
Recordings at any Event, webinar or other in-person forum.
In the unlikely event that KiwiBoss cancels an Event, you will receive a full refund of the
purchase price paid for the Event. We will not reimburse any optional expenses including but
not limited to flights and accommodation.
Liability is Limited
To the extent allowable by law our liability to you may not exceed the price you have paid for
our Products and Services.
The disclaimers, liability limitations and indemnities within these Terms do not exclude rights
that by law may not be excluded.
We do not make any express or implied representation or warranty about, or shall be liable,
in contract, tort (including negligence) or otherwise, for any direct, indirect, special or
consequential loss, damages or reliance in connection with any of our Site, KiwiBoss
Community, our Products and Servicesor Our Content.
In no event will we be liable for any damages whatsoever, including but not limited to any
direct, indirect, special, consequential, punitive or incidental damages, or damages for loss
of use, profits, data or other intangibles, or the cost of procurement of substitute products or
services arising out of or related to the use, inability to use, unauthorised use, performance
or non-performance of or reliance upon this Site, KiwiBoss , our Products and Services or
Our Content.
These limitations and terms include (but are not restricted to) loss or damage you might
suffer as a result of:
a. Reliance on the completeness, accuracy, suitability or currency of information,
products or services irrespective of any verifying measures taken by us (including third party
material and advertisements).
b. Failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or harmful
component, loss of data, communication line failure, unlawful third party conduct, or
theft, destruction, alteration or unauthorised access to records.
c. Accessing websites or servers maintained by other organisations through links on
our Site, KiwiBoss Community or Products or Services. Links are provided for
convenience only. We do not endorse linked websites nor their products and services
and you access them at your own risk.
d. The use of credit card or other financial information, failure to complete (or delay in
completing) any transaction, or other loss or damage arising from any transaction
made or attempted on our Site.
Your Indemnity
You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss
and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us
as a direct or indirect consequence of using or attempting to use our information, products,
services or any breach by you or your agents of these Terms. We are not responsible for,
and expressly disclaim all liability to the fullest extent permitted by law, for damages of any
kind arising out of use, reference to, or reliance on any information contained within our Site,
KiwiBoss Community or through use of our Products or Services.
Affiliate Disclosure
As affiliates of certain products and services we may receive compensation for
recommending and promoting products and services linked from this Site or via our
KiwiBoss Community.
No Assignment
You cannot transfer or assign access to our Products and Services without our prior written
consent.
We may assign or transfer our obligations under these Terms at any time, subject to giving
you four (4) weeks prior notice in writing.
Dispute Resolution
If a dispute arises between the parties in relation to these Terms, the dispute must be dealt
with in accordance with this clause and any party claiming that a dispute exists must notify
the other party to the dispute (Second Party) in writing of the nature of the dispute.
In the case of claims against us, all notices are to be provided to julia@kiwiboss.co.nz.
Any dispute or difference arising out of or in connection with this contract, or the subject
matter of this contract, including any question about its existence, validity or termination,
shall be referred to mediation in accordance with the Mediation Rules of the New Zealand
Dispute Resolution Centre. Where the Mediation Rules conflict with these Terms, these
Terms shall prevail.
Once a mediator is appointed, the parties agree that:
a. The costs of the mediator shall be borne equally between the disputing parties.
b. The chosen mediator shall determine the procedures for mediation.
c. The chosen mediator will not have the power or authority to make any other
determination in relation to the dispute.
If the parties have not mediated a resolution of the dispute within twenty (20) business days
of the selection of a mediator, neither party shall be obliged to continue any attempt at
mediation under this clause, and either party may then commence such legal proceedings
as it considers fit in relation to the dispute.
Nothing in this clause prevents a party from commencing proceedings seeking urgent
interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in
that party’s reasonable opinion, it is necessary to protect their rights.
Despite the existence of a dispute the parties must continue to comply with their obligations
under the contract.
This clause survives termination of these Terms.
Applicable Law
These Terms shall be construed in accordance with and governed by the laws of New
Zealand. You consent to the exclusive jurisdiction of the courts in New Zealand to determine
any matter or dispute which arises between us.
Your Feedback
We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall
treat any information you provide us with, as non-proprietary and non-confidential.
If you have questions or comments regarding this Site, the KiwiBoss Community, Our
Content or our Products or Services, please email us at julia@kiwiboss.co.nz.
Company Details
Trading Name: KiwiBoss Ltd
NZBN: 9429042224549 Country: New Zealand
Telephone Number: 0064 27 246 8890
Email: julia@kiwiboss.co.nz
APPENDIX
Community Guidelines
We want people to feel safe when using our groups and forums. For that reason, we’ve
developed a set of community guidelines, outlined below. These policies will help you
understand what type of sharing is allowed in our private groups and communities, and what
type of content may be reported to us and removed. Because of the diversity of our global
community, please keep in mind that something that may be disagreeable or disturbing to
you may not violate our community guidelines.
Keep it respectful
 Comments that are inappropriately negative, rude, or attacking will be deleted,
removed, or we will ask you to revise your thoughts. Everyone is here to learn and
grow, so anything violating that will be removed.
No pitching to the group
 We have a strict ‘no shopping for customers’ policy in our groups. This includes
pointing people to blog posts with your offers/affiliate offers and publicly asking
members to join your own Facebook groups or communities. Be cautious of
unsolicited private messages to group members. If we get multiple complaints that
you or someone else is using private messages to make unsolicited pitches to
members, you may be asked to leave. You should view the group as your peers, not
your leads.
No gated content
 Content posted in the groups cannot be used to harvest leads in any way. If you
need feedback or a review, post the direct PDF, document, or screenshot. Don’t
require people to opt-in to view.
Respect confidentiality
 Content gathered in our KiwiBoss Community groups cannot be collected,
repackaged, and/or shared outside the group. Every member of our communities has
a right to privacy and the right to feel safe that their questions, answers, and
experiences remain privy to group members only.
Keep it on topic
 We reserve the right to remove posts based on off-topic content or offensive content.
Partnering with other members
 Access to this group does not mean that KiwiBoss endorses anyone’s products or
services. Please be cautious and do your due diligence when partnering with anyone
in the group – don’t assume everyone is trustworthy.
Report posts that are breaking group policies
 Due to the large number of people in our groups and communities, it’s sometimes
difficult for us to catch everything. If you see a post that is questionable, please report
it, tag our community manager in the comments, or reach out to our community
manager directly via private message so our team can review them.
Breaking the rules
 If you are deemed to be breaking the rules of the group, KiwiBoss reserves the right
to remove you from the Facebook group that the offending behaviour has occurred
within.