Terms and conditions

The following Terms and Conditions apply to your use of the evaluate.co.nz website (our website) and your purchase of products from Evaluation Associates Limited (EAL, we, us and our) on our website. By using our website, you agree to adhere to and be bound by all of these terms and conditions.

1.AGREEMENT

1.1. Your use of our website constitutes an agreement between you and EAL. 

1.2. EAL may modify these terms and conditions at any time. Therefore, we encourage you to review this page from time to time. You will be deemed to have accepted all amendments if you use our website after the date that we make any changes.. 

2.USERS OF THE SITE

2.1. Our intended audience of our website are leaders and teachers of schools and educational bodies, and partners and affiliates in New Zealand and other countries.

3.MISUSE OF THE INFORMATION ON THE SITE

3.1. By visiting and using our website, you agree to not use our site or any information within it, to:

(a) perform or carry out any fraudulent, criminal or unlawful activity; or

(b) send, reuse or reproduce any material which may be illegal, offensive, abusive, or obscene.

4.EXTERNAL LINKS AND REFERENCES

4.1. Our website contains links to other external websites and references, which are not developed, maintained or monitored by EAL. As such, we are not responsible for the content or accuracy of these external websites and their content. Any references and or external links to such websites do not necessarily imply any endorsements from EAL.

5.WEBSITE CONTENT AND LINKS

5.1. All information on our website has been prepared in good faith and with reasonable diligence. However, no responsibility will be accepted by EAL for any consequences arising out of use of any material or information on our website.

5.2. Our website and all the materials on or referenced by our website are provided on an "as is" basis, without warranties of any type and EAL expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any materials and products. In no event shall EAL be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the use of our website or products purchased through it. By your use of our website, you agree that you are using our website solely at your own risk.

5.3. EAL reserves the right, in its sole discretion and without any obligation, to modify or correct any error or omissions in any portion of our website.

6.PAYMENTS 

6.1. By using our online services to register and pay for a workshop or any other financial transaction you declare that you are over 18 years of age and have legal capacity to contract the services. If you are using a credit card to process a transaction, you declare that the card is issued under your name and you have legal rights to use such a card. You also declare that you are liable to pay EAL for the services you have contracted.

6.2. EAL takes the security of the personal information (including credit card information) of our customers very seriously and employs security measures for all financial transactions. However EAL shall not be liable for any data breaches through our website by an unauthorised third party.

7.WARRANTIES

7.1. EAL expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any materials and products, except any warranties that cannot be excluded by law (including under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986).

8.INDEMNIFICATION

8.1. By using our website you agree to defend, indemnify and hold EAL harmless from any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to such use.

9.FORCE MAJEURE

9.1. EAL, its subsidiaries, its affiliates or its partners will not be liable for any delay, or failure in providing any service (including financial transaction services) due to a cause or circumstance beyond our reasonable control. 

10.JURISDICTION

10.1. These terms and conditions will be governed by the New Zealand law and any disputes arising from, or related to these terms and conditions and their related services, shall be subject to the sole jurisdiction of the New Zealand courts.

11.COLLECTION AND USE OF PERSONAL INFORMATION

11.1. EAL, its subsidiaries and its partners and affiliates are committed to the privacy of our customers. As such, we take steps to ensure the confidential and personal information of our customers is always secure and handled in a safe and responsible manner.

11.2. Your personal information is collected when you enrol for our newsletter, download any EAL resources from our website or register yourself online for any of the workshops that we provide. This information is also collected if you register yourself in any promotion, draws, sweepstakes, contests or participate in any survey conducted by EAL or any of its subsidiaries, or its partners and affiliates. You agree that EAL may use information provided by you, including your name, title, email address and organization, for the reasons provided below:

(a) Marketing or promotional emails (from EAL, its subsidiaries and its partners);

(b) Internal analysis to corroborate and validate the information you provided; and

(c) Analysis of your preferences to provide you tailored content and advertising to enhance your customer experience

11.3. EAL will take necessary steps to ensure customer information is kept secure and confidential. If at any time, you would like to stop receiving promotional messages, newsletters and or advertisements from EAL, please send us an email.

11.4. If you provide evaluative information or testimonials about the service provided by us, then we retain the right to use this information for marketing and promotional activities but your identity will remain anonymous unless otherwise agreed.

12.PROTECTING CUSTOMER INFORMATION

12.1. The information you send us while registering for a newsletter or a workshop is held on a secure server. However, data transfers over the internet are not one hundred percent secure and accordingly EAL, its subsidiaries, or its partners and affiliates cannot be held legally liable for a data breach. Payment transactions on our website are encrypted and secure.

12.2. Unless otherwise stated, all copyright, trademarks, designs, patents and other intellectual property rights on our site and all content shall remain the sole property of EAL.

12.3. Any reproduction or use of any of the contents of this Site without the express written consent of EAL is prohibited.

13.WORKSHOP REGISTRATIONS

13.1. Payment of fees is required upon registration or purchase. We will not guarantee registration for a workshop until payment has been received. Delegates who fail to attend a workshop will be liable for all advertised fees.

13.2. All programs including on demand recordings and the live and online programs prices are per single natural person registration and viewing only.  They may not be distributed to or viewed by another person or persons nor may they be used for group viewings.

13.3. By submitting an order on our website you agree that you are authorised and able to make payment via the method you have chosen.

13.4. You may pay for a workshop registration by using the credit card payment function on the website. Credit card transactions are processed by a third party and are subject to separate terms and conditions. We do not collect any credit card details from you. 

13.5. All registrants will be forwarded a confirmation email when you register. If you do not receive an email confirmation please contact us to ensure your registration has been received.

13.6. On demand recordings, live and online attendance log on credentials and workshop orders will not be distributed, nor access granted until full payment has been received.

13.7. All on demand recordings will be made available as soon as possible, and usually within 3 business days after the date of the program at which it was recorded.

13.8. Please notify all cancellations and transfers by email at info@Evaluate.co.nz

13.9. You may nominate a replacement delegate to attend a workshop in your stead at any time without charge.

13.10. There is no cancellation, refund, transfer, change of the mode of delivery or credit available 3 business days or less before the date of the workshop. Workshop recordings are non-refundable once purchased. All requests for cancellations and transfers prior to 2 business days of the programme date should be in writing to info@evaluate.co.nz.

13.11. All credit notes are valid for a period of 12 months from the date of credit note.

13.12. EAL intends to run all workshops as advertised but reserves the right to change the programs without notice and to cancel/postpone if required. If cancelled or postponed, we will offer a transfer or a full refund/credit.

13.13. By registering to and attending an Evaluation Associates workshop you agree:

(a) that EAL, its employees and contractors may take, store, edit and utilise photographs or video recordings taken during the program;

(b) that EAL may utilise your name, photograph or video recording of you for promotional and other purposes related to the purposes of and activities of Evaluation Associates and

(c) to release EAL from any liability for any infringement of any of my rights arising from the use of the photographs and/or video recording.

13.14. You understand that you can contact Evaluation Associates at any time to withdraw my consent so as to prevent any future use of photographs or video in which you are identifiable.

13.15. By registering to any EAL workshop or subscribing to any Evaluation Associates newsletter, you agree to receive communications from us regarding programs, services and newsletters. 

13.16. To unsubscribe to these communications in any format, you may do so at any time by writing to Evaluation Associates at info@evaluate.co.nz.

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