Excellent Terms of Use

These terms were last updated on 1 September 2022

These are the terms of use (“Terms”) for our website at https://www.excellent.io/ (“Website”) and our online Learning and Membership Programs (the “Learning and Membership Programs”). The Website and the Learning and Membership Programs are owned and operated by Excellent Limited (“we” or “us” or “our”).

In these Terms, any person or organisation that creates an account with us or otherwise accesses the Website and/or the Learning and Membership Programs are referred to as "you" or "your". Please read these Terms carefully before using the Website and the Learning and Membership Programs. By accessing, using or browsing the Website or the Learning Platform or creating an account with us, you agree to follow and be bound by these Terms.

If you need to contact us about these Terms, you can get in touch with us at hello@excellent.io.

1 – About the Learning and Membership Programs

The Learning and Membership Programs include our employee experience online course and certification program, our private online community, our online and in person events, and our professional memberships.

We will use reasonable efforts to provide the Learning and Membership Programs:

• in accordance with these Terms and New Zealand law;
• exercising reasonable care, skill and diligence; and
• using suitably skilled, experienced and qualified personnel.

Although we try to ensure the Learning Platform is available on a 24/7 basis, on occasion the Learning Platform may be unavailable to allow for routine or emergency maintenance or other development activity, or for reasons that are outside our control.  We will use reasonable efforts to publish advance details of any unavailability on the Website.

We use third party services and applications to deliver different aspects of the Learning and Membership Programs (for example Slack for our private online community) (“Other Applications”). You may need to download or sign up with Other Applications (and agree to terms with the application providers) to receive the full benefit of the Learning and Membership Programs. We do not control and are not responsible or liable for Other Applications, unless we say otherwise in these Terms. If the provider of any Other Application stops providing it on reasonable terms or at all, we may stop making it available.  In that case, you are not entitled to any refund, discount or other compensation.

A variety of information, articles, advice, recommendations, messages, comments, posts, text, graphics, music, sound, photographs, videos, data, and other materials or tools (including User Generated Content, defined below) (collectively “Content”) is available on the Website and through the Learning and Membership Programs. All Content is intended, and should be used, for general information and learning purposes and is not intended to substitute your own judgement.

2 – Account

To access the Learning and Membership Programs, you need to create an account with us (an “Account”). The fees charged to access the Learning and Membership Programs through your Account are those set out on the Website or as otherwise agreed (“Fees”). You must pay the Fees in accordance with these Terms and any other terms we specify in the payment process. Once you have paid the Fees, you will be able to access the Learning and Membership Programs for the term specified on your Account.

The Learning and Membership Programs are a personal learning journey, unless otherwise agreed. Because of this, your Account is personal to you and you must not share, transfer, lend or sell your Account or your log in details to any other person or allow anyone else to use your Account without our prior written consent. This includes sharing your Account or log in details with other people in your organisation.

If you would like to purchase Accounts for multiple individuals in your organisation, please email us at hello@excellent.io as further terms may apply.

When you register for your Account, we will ask for information about you, including your name, email address and other contact details. You are responsible for providing accurate, current, and complete Account information. We may ask for further Account information from you, either during or after registration.

You are responsible for keeping your password and login details secure, and for any use (including unauthorised use) of your Account by anyone else.

3 – Your use of the Learning and Membership Programs

In using the Website or the Learning and Membership Programs, you acknowledge and agree that you will not do, or attempt to do, any of the following:

• abuse, harass, stalk, threaten, breach the confidence of, impersonate or otherwise violate the rights (such as rights of privacy) of others;
• copy (other than for your personal use), republish or distribute any part of the Website or the Learning and Membership Programs;
• access the Website or the Learning and Membership Programs to build a product or service which is the same as or similar to the Learning and Membership Programs or which otherwise competes with the Learning and Membership Programs;
• commit or encourage a criminal offence;
• use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access or take information from the Website, the Learning and Membership Programs or any Content for any purpose;
• introduce any viruses, Content or code to the Website or the Learning and Membership Programs that is technologically harmful;
• do anything that could disable, overburden, or impair the  Website or the Learning and Membership Programs, such as a denial of service attack;
• post or transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us; or
• otherwise breach these Terms.

You must comply with all applicable laws and third party terms of use when accessing and using the Website and the Learning and Membership Programs.

4 – Linked sites

The Learning and Membership Programs and Website may contain links to external sites that we do not control. We make no representations about the accuracy of information or the quality of products and services found on any linked sites and take no responsibility for material in them.

We will not be responsible for any loss or damage that happens as a result of you using any linked sites. You agree that you access and use any linked site at your own risk.

5 – Payments

Any card payments made through our Website are processed by an independent service provider. You consent to us disclosing relevant information about your payment to that provider on a confidential basis, to allow the payment to be processed in accordance with our Privacy Policy. If you would like further information about the provider, please email us at hello@excellent.io.

6 – Intellectual Property

You acknowledge that any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual property rights, whether registered, in the course of being registered or unregistered and any analogous rights worldwide (“Intellectual Property Rights”) in the Website, the Content (other than User Generated Content you have submitted) and the Learning and Membership Programs belong to us or our licensors.

We grant you the right to access and use the Learning and Membership Programs (including the Content) for your own use for the duration of your membership, as long as you:

• create and use an Account in your own name;
• pay the Fees; and
• comply with these Terms.

You agree not to reproduce, publish or transmit any Content (other than User Generated Content you have submitted) or any other part of the Learning and Membership Programs or Website without our prior written consent. Copyright, trade mark or other Intellectual Property Right infringement may result in civil and/or criminal penalties.

7 – User Generated Content

As part of the Learning and Membership Programs, you have the ability to submit your own Content to us and other users – for example in our private online community, our online co-working sessions, our master class events and by email (“User Generated Content”).

We may then post or publish the User Generated Content on the Website and throughout the Learning and Membership Programs. It is important that you post any User Generated Content with integrity and honesty.

If you submit User Generated Content to us:

• You grant us a non-exclusive, worldwide, perpetual, transferable, royalty-free and irrevocable licence to use the User Generated Content (including any Intellectual Property Rights in the User Generated Content) for any purpose and in any way. You authorise us to edit, modify, amend and adapt your User Generated Content. This means we can publish your User Generated Content (and any modifications) freely on our Website and across different elements of the Learning and Membership Programs at our sole discretion.
• You waive any moral rights in your User Generated Content.
• You grant us the right to sub-licence your User Generated Content to others (for example to other users as part of the Learning and Membership Programs).
• When publishing your User Generated Content, we will make reasonable efforts to acknowledge that you are the creator of that Content. If you have particular attribution requests, you should tell us when submitting your User Generated Content and we will try to meet them where this is reasonably practicable.

You promise us that your User Generated Content:

• is your own original creation or to the extent it includes the work of others, you have the right (and all necessary consents) to publish it and to grant the above licences to us;
• is not false, misleading or deceptive;
• does not constitute abuse, harassment, stalking, threats, breach of confidence or other violation of the rights (such as rights of privacy or Intellectual Property Rights) of others; and
• is not objectionable (including being defamatory, abusive, sexually-related, racially or ethnically objectionable in nature).

We may edit, remove or refuse to post any User Generated Content that we think either breaches these Terms or is otherwise inappropriate for the Learning and Membership Programs.

8 – Feedback

We welcome your feedback and ideas on how to improve the Website and the Learning and Membership Programs.  If you choose to submit your ideas, you agree that we are free to use them and that you will not have rights to any Intellectual Property Rights that may be generated as a result.

9 – Privacy

You acknowledge that you have read and understood the terms of our Privacy Policy which form part of these Terms. You agree that we may use and disclose information about you in accordance with the Privacy Policy. You also agree to check the Privacy Policy on a regular basis and to let us know if you object to use or disclosure of information about you in accordance with any updated policy.

10 – Responsibilities and liability

If you are a consumer, you have various rights under the New Zealand Consumer Guarantees Act 1993 (“CGA”) which we cannot exclude in these Terms. Nothing in the following paragraphs is intended to limit those rights, but we do exclude all other implied terms to the fullest extent permitted by law.

If you are using the Learning Solution in trade (or in the course of your business, profession or occupation) we both agree to contract out of the provisions of the Consumer Guarantees Act 1993 and sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986.

Except where expressly stated in these Terms, and otherwise to the maximum extent permitted by law:

• we do not make any promise about the availability, accuracy, completeness, currency or reliability of the Website or the Learning and Membership Programs (including any elements provided by third parties);
• the Website and Learning and Membership Programs are provided “as is” and "as available" you use and rely on the Website and the Learning and Membership Programs (including the Content) at your own risk;
• we do not promise that the Website or Learning and Membership Programs will operate on all types of devices, uninterrupted, securely or error–free;
• we do not always edit or control Content posted or available on the Learning and Membership Programs (such as User Generated Content), the views expressed in Content may not be our views, and we are not responsible or liable for the Content;
• we are not responsible or liable for any issues, loss or damage caused by your network connections, telecommunications links or the internet, or for any unauthorised access or loss of your data that is beyond our control; and
• we may update and change the Website and/or Learning and Membership Programs (including the Content) from time to time without any liability to you.

To the maximum extent permitted by law, if we breach these Terms or our obligations to you, we are only responsible to you for loss or damage you suffer that is a direct and foreseeable result of that breach. You agree that we are not liable for any loss of profits, loss of income, loss of business opportunity or any indirect, consequential or special loss or damage you incur in connection with these Terms, the Website or the Learning Solution.

In any event, to the extent we are permitted by law to limit our liability, our total liability to you will be limited to an amount equal to the Fees you paid in the 12 months immediately prior to the first event that gives rise to our liability.

You will indemnify us for any loss or damage we reasonably incur in relation to any third party claim against us resulting from:

• your use of the Website and/or the Learning and Membership Programs (including the Content) except to the extent the loss or damage is caused by our negligence or breach of these Terms;
• your User Generated Content; or
• your breach of these Terms.

11 – Disputes with other users

If any dispute arises between you and another user of the Learning and Membership Programs (including in relation to any Content) you agree to act in good faith in relation to that other user and use your best efforts to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. 

You acknowledge that we will not be a party to any such dispute.

12 – Cancellation

You can cancel your Account at any time by emailing us at hello@excellent.io.

If you cancel your Account before the end of your current prepaid membership period, your cancellation will take effect at the end of that membership period and you will not be charged again. You will not be entitled to a refund for any Fees that you have already paid.

• we reasonably believe that you or someone authorised by you have materially breached any of the Terms or the terms of any third party providers;
• we reasonably believe this is necessary due to technical or security issues; or
• if we are required by law or requested by a government or law enforcement agency to do so,

and no refund or other credit or compensation is payable to you on cancellation unless we agree otherwise.

Subject to section 6, we may delete your User Generated Content and other data from our systems upon cancellation of your Account.  If deleted, this User Generated Content and other data cannot be recovered.  We are not liable for any loss or damage following, or as a result of, the cancellation of your Account, and it is your responsibility to ensure that any User Generated Content or data you require is backed-up or replicated before cancellation.

13 – General

These Terms (along with any document we both agree forms part of these Terms) are the entire agreement between you and us in relation to the Website and the Learning and Membership Programs.

We may change the Terms from time to time. Because we provide the Learning and Membership Programs and Website to many users at once, we need to keep our Terms the same across all of our users. This keeps our business running as efficiently as possible. It also means that changes to our Terms will apply to you and your use of the Learning and Membership Programs and Website going forward.

If possible (unless a more urgent change is required by law or reasonably required for other reasons) we will notify you via the Website or by email at least 7 days before the updated Terms become effective. By continuing to use the Website or the Learning and Membership Programs, you agree to be bound by the updated Terms so you should check regularly for any changes. If you believe that any changes to our Terms have a material adverse impact on you, please contact us to discuss this.

If any part of these Terms is deemed to be invalid or unenforceable it will be excluded and the remaining terms will continue to operate.

These Terms are governed by and interpreted in accordance with New Zealand law. The New Zealand courts will have exclusive jurisdiction over any dispute in connection with these Terms (including non-contractual disputes).