Terms and Conditions
These are the terms and conditions upon which Thriving Workplace provides services and products. Please read them in their entirety before continuing to use this website or providing any information.
An agreement between you and Thriving Workplace will be made immediately once you confirm (at our request) your acceptance of the following terms and conditions. You will be bound by them in your dealings with Thriving Workplace.
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Terms defined
'Website' and 'site' means the Thriving Workplace website located at the URL http://www.thriving-workplace.com.
'I', 'me', 'we', 'our' and 'us' means Tom Watkins and/or David Armstrong of Christchurch, New Zealand, trading as Thriving Workplace, together with our contractors and authorised agents.
'You' means you the person using our Services or visiting our site and 'your' will have likewise application.
'Services' means any goods or services offered by Thriving Workplace for which payment is required.
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Privacy policy
We collect and store all information that you give to us. We do not spam.
We do not sell, trade or otherwise disclose your personal details or email address to third parties unless specific permission to do so is granted by you.
Personal information we collect from you will be held at our offices in Christchurch, New Zealand. The Privacy Act 1993 grants you certain rights of access to and correction of your personal information held by us.
We will always use our best endeavours to ensure that no information you provide to us through any medium, including your identity, is disclosed to any third party without your permission. You may at any time request that information provided to us through this system be deleted, in which case it will be, promptly.
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Payment
Our rates for the services are described within the website pages dealing with membership and/or subscription fees.
Membership fees are paid for in advance. No refunds will be provided, notwithstanding that you may elect to disengage from our services and relinquish your membership before the expiration of the period for which you have paid membership fees.
Payment is to be made by the means specified from time to time within the website pages dealing with membership and/or subscription fees, unless other arrangements have been first negotiated.
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Taxes
You are responsible for payment of any taxes or duties which may become payable on the amounts charged for the Services.
Any fluctuations in the rate of exchange are to be at your risk.
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Intellectual Property Rights
Tom Watkins authorises you to use his copyrighted intellectual property contained in or received by means of this site on these terms: you may use the intellectual property for your own personal use only. Other uses or more widespread distribution including use on organisational intranet must first be authorised in negotiation with Tom Watkins. Fair and generous terms are usually offered.
Disclaimer and Exclusion of Liability
All the information in this website is presented in good faith and believed to be correct on the date it was published. But we make no warranties or claims about the accuracy or completeness of that information or the contents of any site linked to or from this website or materials which you may receive from us by any other means. Where legal advice would normally be prudent we do not represent our services as a substitute for that advice.
You acknowledge that you will receive and use the services at your own risk and that you will take responsibility to decide whether it is suitable for your purposes before you use it. We expressly disclaim all and any liability and responsibility for the consequences of any actions taken by you or anyone else on the basis of the information we provide by any means. We do not warrant that the services will meet your requirements.
In no circumstances will we be liable for any actual or consequential damages, loss or injury including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in transmission, computer virus or line failure or any actual or consequential damages that result from your using, or being unable to use, the materials on this website or materials which may receive by means of it. Whilst our liability pursuant to these terms and conditions is excluded to the greatest extent permissible by law, in the event that we are found at law to be liable to you, then our liability shall be limited to the amount paid, if any, by you to us for our services over the 12 month period preceding the event giving rise to our liability.
The information on this website is subject to change without notice.
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Dispute Resolution
You agree to use your best efforts to resolve any dispute which may arise under the agreement reached between us as a result of your acceptance of these terms and conditions through negotiations in good faith. Neither you nor we may commence legal action against the other in relation to this agreement before either of us, or our representatives, has first met for the purposes of endeavouring to resolve the dispute on mutually acceptable terms. We, or our respective representatives, shall endeavour to resolve any dispute arising between us within 28 days of the date of that first meeting in connection with the dispute.
We reserve the right, but have no obligation, to arrange third party mediation or arbitration in any disputes between you and us arising through your use of our Services or the site.
Waiver
No delay, neglect or forbearance by us in enforcing our rights pursuant to this agreement against you will be a waiver of or in any way prejudice our rights.
Severability
If any provision of this agreement is held to be invalid, illegal or unenforceable, such provision will be severed and the remainder of the agreement will remain in full force and effect.
Governing Law
This document shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand courts.
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All material on this site is © 2007 Tom Watkins. Website by TechWriter
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