Background

  1. These terms and conditions for event participation (the Terms) apply to participation in events booked through KiwiBoss. Bookings made through third parties are subject to their respective terms and conditions.
  2. By registering for an Event, the Participant agrees to be bound by these Terms and any other reasonable terms and conditions set by KiwiBoss relating to the Event.

Definitions
3. In the Terms, the following definitions apply:

Business Day means a day, other than Saturday or Sunday or public holiday in New Zealand or day on which KiwiBoss is closed;
Confidential Information means all and any material and information which KiwiBoss reasonably conveys to the Participant is confidential.
Consultancy services means any services where the Participant engages KiwiBoss for coaching or preparation of documentation. Consultancy services do not purport to be legal advice.
Fee means the charge payable by the Participant in consideration for attending the Event.
Event means any activity, training programme, public course, conference session or on inhouse course booked directly through KiwiBoss. This includes activities held at KiwiBoss’ premises, any other site, or held online.
Event Organiser means KiwiBoss.
Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future, including, without limitation, all rights conferred under statute, by common law and in equity in, and in relation to, inventions, patents, designs, trade marks, trade names, logos, getup, circuit layouts, formulae, confidential information and copyright, and any application or right to apply for registration of any of those rights;
Invoice means the tax invoice for the Fee payable to KiwiBoss. The Invoice will include the name of the Participant and will describe the Fee and the Event.
Law means:
(a)        any statute, regulation, by-law, ordinance or subordinate legislation in force from time to time to which a party is subject;
(b)        the common law and the law of equity as applicable to the parties from time to time;
(c)         any binding court order, judgment or decree;
Participant means any person or organisation who attends or participates in an Event.
Parties means KiwiBoss and the Participant.
Payment
4. The Participant will pay to KiwiBoss the Fee in accordance with clauses 5 to 8. Payment must be made for each individual registrant enrolled in each event.
5. Payments can be made to KiwiBoss by credit card, bank transfer, and invoice.
6. If an Invoice is generated by KiwiBoss and is disputed, the Participant will pay the undisputed portion of the Invoice on time and will pay the other amount agreed to be owing upon resolution of the dispute.
7. Invoice by the specified due date, where this is the agreed payment option.
8. Unless the Participant makes other arrangements with KiwiBoss, they will not be able to attend the Event until they have paid the Fee.
9. From time to time, KiwiBoss may offer the opportunity to purchase additional Events at a discounted rate, or group discounts for more than one registration from an organisation.
10. KiwiBoss reserves the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by the Participant.

Event Changes and Cancellation

11. If a situation arises where KiwiBoss may need to change the time or date of a scheduled Event, KiwiBoss will provide the Participant with as much notice as possible.
12. KiwiBoss may add dates and times of Events if numbers are above the attendee cap.
13. From time to time, KiwiBoss may need to cancel an event, and the Participant will be advised of any cancellations prior to the Event.
14. If KiwiBoss cancels an Event, any Fee paid may be refunded in accordance with clauses 15 and 16.
15. In the first instance, KiwiBoss will postpone an event, and the Fee will be paid as usual for attendance on an alternate date. The Participant will choose to either receive a refund from KiwiBoss or transfer the Fee amount to an alternative Event.
16. If Inhouse training is postponed or cancelled, KiwiBoss will not refund any travel, accommodation or any costs other than the Fee associated with the cancellation or postponement of an Event.

Withdrawals and Transfers

17. If the Participant is unable to attend the Event, the registration may be transferred to another Participant in accordance with clauses 18 to 21.
18. The Participant must notify KiwiBoss that another Participant will attend the Event in their place at least 48 hours before the Event starts.
19. The Participant will give KiwiBoss the name, mobile number, and email address of the alternative Participant.
20. If the Participant withdraws from the Event, the following refunds apply:

  • For withdrawals 16 or more business days before the Event, the Participant receives a full refund.
  • For withdrawals 11 to 15 business days before the Event, the Participant receives a 50% refund.
  • For withdrawals 10 business days or less before the Event, the Participant does not receive a refund.

21. No refund is available where online materials have been provided to participants, such as workbooks, powerpoint slides, or log-in access to the KiwiBoss learning portal.

Registration for Events

22. KiwiBoss Events are intended for adult persons aged 18 years and older. Participants under the age of 18 should contact Julia Shallcrass to participate in any Events: julia@kiwiboss.co.nz
23. Event bookings with capped participation are reserved on a “first-come, first-served” basis. If the Event is fully booked, potential attendees will be placed on a waiting list. Reservation is not guaranteed until payment is received. Where payment received and the Event has reached its attendee cap, the Participant will be refunded in full, or given the chance to attend the Event at a later date.
24. KiwiBoss restricts the use of Event materials and login details to paid registrants. No one can share Event details (including Zoom link, course workbooks, powerpoint slides, log in details) with any person within or outside their organisation, unless expressly agreed to with KiwiBoss.

Health and Safety

25. When attending an Event, the Participant must comply with all reasonable health and safety instructions of the Event Organiser or representatives of the Event venue.
26. If the Participant recklessly or intentionally fails to comply with reasonable health and safety instructions, they will be asked to leave the Event and will not receive a refund.

Indemnity and Liability

27. The Participant indemnifies KiwiBoss against any and all liability, losses, damages (including legal fees on a full indemnity basis), costs and expenses of any nature whatsoever arising out of recklessness, negligence or misconduct by the Participant in association with the Event, or as a result of attending KiwiBoss Events or engaging Consultancy Services.
28. These limitations and terms include (but are not restricted to) loss or damage Participants 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 KiwiBoss (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 the KiwiBoss Site, KiwiBoss Community or Events. Links are provided for convenience only. KiwiBoss do not endorse linked websites nor their products and services, accessed at Participants’ 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 the KiwiBoss Site.

Intellectual Property

29. All pre-existing Intellectual Property Rights of the Parties or their licensors (and any modifications) will remain owned by that party or the relevant licensor.
30. The Participant will not copy, modify, adapt, reproduce, distribute, display, or publish any intellectual property from the Event without the prior written consent of KiwiBoss.
31. The Participant will not record or transmit any part of the Event without the prior written consent of KiwiBoss.

Confidentiality

32. The Participant will comply with all KiwiBoss’ reasonable requests for confidentiality about an Event.
33. If the Participant wants to release or use Confidential Information, they must get KiwiBoss’s written approval before releasing or using the Confidential Information.
34. KiwiBoss will:

  • Keep and maintain all records associated with the Event in accordance with prudent business practice and all applicable laws; and
  • Store all records safely.

Dispute Resolution

35. If a dispute arises in relation to these Terms, they must notify the other party in writing as soon as possible, but within 10 business days of the dispute arising.
36. The Parties will attempt to settle the dispute through direct negotiation in good faith.
37. If the Parties are unable to resolve the dispute through negotiation, they will refer the matter to mediation. If the parties cannot agree on a mediator, a mediator will be appointed by the Executive Director of the Arbitrators’ and Mediators’ Institute of New Zealand Inc. (AMINZ).
38. Except where interlocutory relief is necessary, or court action is required to preserve a party’s rights, the Parties agree not to start any court action in relation to a dispute until they have complied with the dispute resolution process under clauses 35 to 37.

General disclaimers
39. These Terms are construed and governed by the laws of New Zealand. Participants consent to the exclusive jurisdiction of the courts in New Zealand to determine
any matter or dispute which arises between the parties.
40. Failure by either party to enforce any of the clauses of these Terms shall not be interpreted as a waiver of that party’s rights.
41. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of the remainder of these Terms.
42. These Terms are important and Participants should read them carefully and contact KiwiBoss at julia@kiwiboss.co.nz with any questions before purchasing Events or engaging KiwiBoss consultancy services.
43. All Events and Consultancy Services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided in the Events or Consultancy Services purports to offer legal, medical, tax or other professional advice.
44. Participants must use caution and always seek professional advice before acting on any information that KiwiBoss provides.
45. KiwiBoss provides support, guidance, and tools for Participants to set goals, determine priorities and achieve results, but the Participant is solely responsible for their own decisions and consequences. KiwiBoss cannot and does not make any guarantees about the Participant’s ability to get results with staff performance, or earn any money with KiwiBoss ideas, information, tools, or strategies.
46. Any testimonials and examples within KiwiBoss marketing materials shall not be taken as a guarantee that the Participant will achieve the same or similar results.

Company Details
Trading Name: KiwiBoss Ltd
NZBN: 9429042224549
Country: New Zealand
Telephone Number: 0064 27 246 8890
Email: julia@kiwiboss.co.nz