Terms & Conditions - Property Bootcamp

preamble
1. The Hub operates www.propertybootcamp.com a Website offering Bootcamps to help people involved in residential property investing to meet and share property information and to access certain tools and services.
2. These Terms and Conditions govern the use of the Website and any Services we promote or make available through the Website. By becoming accessing the Website or acquiring any of the Services, you agree to be bound by these Terms and Conditions.
definitions
1. “The Hub” ("we", "us" or "our") shall mean The Hub Limited, any subsidiary or related entity, as the case may be or any agents, employees, or any subsequent entity renamed from any of the above.
2. “You” shall mean any person purchasing Services from us through the Website.
3. “Bootcamp(s)” shall mean events facilitated by The Hub that we make available for booking through the Website.
4. “Member” shall mean a person who has booked, paid for and completed a Bootcamp.
5. “Services” shall mean Our Content we make available through the Website to Members and the facilitation of Bootcamps.
6. “Website” shall mean propertybootcamp.com.
7. “Our Content” shall mean certain content, materials or information including, but not limited to, text, videos, audio, links to third party websites and lists of reference materials that we may make available to you (including through the Website).
8. “Your Content” shall mean material or other content or information that you post or otherwise make available on the Website or otherwise through The Hub.
9. “Our IP” shall mean we own, and have copyright in all work, documents, and software produced by us in connection with our Services (including all copyright, trade mark rights and other intellectual property rights in any text, graphic, logo, icon, image, audio clip, digital download, data, software and other content or material) in or related to the Website, Our Content, the facilitation of Bootcamps and in the provision of Services.
payment
1. Payment must be made in New Zealand dollars without deduction or set-off of any kind.
2. For the purpose of booking and paying for a selected Bootcamp:
  1. we may use an agent or payment gateway to process any electronic payment transaction. You agree that we may share your personal information with that agent to the extent necessary to process that payment transaction; and
  2. by using our agent or payment gateway facility you agree to the specific terms related to the use of this facility; and
  3. the ticket amount appropriate to your booking at any time will be either set out on the Website or will be provided separately to you on request; and
  4. unless otherwise agreed, we will not provide any refund for any Bootcamp booking. However, by arrangement we may allow you to defer your booking to another date; and
  5. without prejudice to any other rights or remedies we may have, we may suspend your Membership and access to the Services if you have not paid any amount owing to us by the relevant due date.
use of the website and content
1. You must comply with all relevant laws in relation to your use of the Website.
2. You must only use Our Content to the extent necessary for (or incidental to) your viewing and normal use of the Website, your receipt of the Services.
3. You must first obtain our permission before you copy or otherwise disseminate Our Content or other material, information, discussion, conversation or other content from the Website.
4. Where you post or otherwise make Your Content available on the Website or otherwise through The Hub, you grant us an irrevocable, royalty-free, perpetual right to edit, copy, publish, distribute, translate and otherwise use Your Content in any medium.
5. You warrant that you are authorised to make Your Content available and that our possession, modification, display, publication, performance, copying, translation or other use of Your Content will not infringe any third party intellectual property, privacy, contractual or other rights.
6. You must not post, link to, or otherwise make available through the Website any material that is:
  1. untrue or inaccurate;
  2. objectionable or offensive in any way; or
  3. unlawful, libellous, defamatory or that otherwise violates any party’s rights, including any intellectual property rights.
services
1. Where agreed, we may provide, or arrange for the provision of, certain Services to you.
2. To request any Services, you must register that request in accordance with the directions provided on the Website or as otherwise required by us. You acknowledge that we do not guarantee the availability of all Services to all Members. Some Services may only be available to limited numbers of Members or may be subject to an additional fee as notified through the Website.
no warranty
1. We provide no warranty that information included in Our Content or in any third party content included, or referenced, on the Website or through the Bootcamps is true accurate or correct or can be relied on. You should undertake your own research and obtain appropriate professional advice before relying on Our Content or any such third party content.
2. Unless we expressly say so, we do not endorse or recommend any third party text, website or other content, methodology or service referenced on, or linked, to the Website or accessed by you through Bootcamps.
3. To the extent allowed by law, we exclude all warranties in relation to any Services arranged or acquired through, or in association with the Website or Bootcamps.
4. Without limiting clause 6.3, you agree that our Services are provided in trade and that the provisions of the Consumer Guarantees Act 1993 do not apply to the provision of those Services.
operation of the website
1. We provide no guarantee that you will be able to access and use the Website or that the operation of the Website will be error free or fit for purpose.
2. You must not:
  1. attempt to modify the Website or create links from the Website to any other URL;
  2. interfere with the operation or security of the Website or any associated networks or systems;
  3. use the Website for spamming, which includes, but is not limited to, the excessive and repeated posting off-topic messages or cross-posting in discussions as well as the bulk sending of unsolicited messages; or
  4. use a robot, spider, scraper or other automated means to access the Website for any purpose or use software which assists in or promotes: emulators, phishing, hacking, password cracking or IP spoofing.
3. You agree that we may monitor your use of the Website and, where we consider that your use has breached any third party right or contravened any law, we may report your activities to the applicable third party or authority relevant in the circumstances.
4. We may, at our discretion, at any time, terminate, modify or restrict access to the Website or remove any content and accounts from the Website.
intellectual property rights
1. You acknowledge that Our IP is owned by us or our licensors.
2. You must not use copy, adapt, store, distribute, display perform, publish or create derivative works of any Our IP, other than to the extent required to use the Website and participate in Bootcamps in accordance with these Terms and Conditions.
liability
1. Without limiting clause 9.2, in no event will we be liable (whether in contract, tort including negligence, or otherwise) to you for any loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature (including any loss of profit, loss of opportunity or loss or corruption of any data or information), arising directly or indirectly out of these Terms and Conditions or your use of the Website or Services, provided that, this clause will not exclude any form of liability where such liability cannot be so excluded at law.
2. Our total liability to you under any and all claims (whether in contract, tort including negligence, or otherwise) arising directly or indirectly from your use of the Website or Our Content, the Services or your participation in Bootcamps, will not exceed the sum of NZ$100.00.
3. None of the exclusions or limitations set out in these Terms and Conditions will have the effect of limiting or excluding any form of liability where such liability cannot be so limited or excluded under applicable law.
4. You will indemnify us from and against any and all liability, losses, damages, costs and expenses awarded against, incurred or suffered by us arising out of your use of the Website or Services or your participation in Bootcamps, or any breach of these Terms and Conditions by you.
privacy
1. Any personal information we collect about you or from you during your use of the Website or the Services will only be used, disclosed and stored for the following purposes:
  1. to fully operate our Website, Bootcamps and our business;
  2. to provide our Services; and
  3. to contact you about our products and services.
2. You agree that we may disclose the personal information you provide us, including your email address and phone number, to other Members to enable you and those other Members to connect and interact in the manner contemplated by the Website and the Services.
3. We will not disclose your personal information to third parties, except:
  1. to the extent reasonably necessary to achieve any of the purposes of Bootcamps; and
  2. where we reasonably believe that such use or disclosure is required or expressly permitted under any applicable law.
4. If you elect to subscribe to our newsletters, you agree to receive, emails and other promotional information relating to us or third parties featured on our Website from time to time. If you want to stop receiving such information, you can elect to unsubscribe from the newsletter service using the unsubscribe facility link provided in such newsletters.
5. Where we hold personal information about you, you have a right to access and correct that personal information in accordance with the Privacy Act 1993. If you want to access or correct your personal information, please contact us and we will tell you how to make a request and any charges that may apply.
6. If you would like to contact us about any privacy matter, please email us at info@propertybootcamp.com.
general
1. You are responsible for all costs associated with your Membership and your access to and use of the Website and the Services.
2. Without limiting our other rights and remedies, we may terminate the contract formed by these Terms and Conditions and your Membership if you breach these Terms and Conditions and fail to remedy that breach within 5 days of being required to do so. Terms expressed or intended to survive termination, including clauses 6, 8, 9 and 11, will survive termination.
3. You may not assign, sub-license or transfer this agreement, or any rights and obligations under it, to any other person.
4. We may vary these Terms and Conditions from time to time. Notification of any variation will be posted on the Website.
5. If any provision in these Terms and Conditions is held invalid, unenforceable or illegal for any reason, these Terms and Conditions will remain otherwise in full force apart from such provisions, which will be deemed deleted.
6. No failure or delay by us to exercise any right or remedy under these Terms and Conditions will be construed or operate as a waiver of such right or remedy. No single or partial exercise by us of any right or remedy will preclude the further exercise of such right or remedy.
7. New Zealand law governs the formation, validity, construction and performance of these Terms and Conditions. These Terms and Conditions are subject to the non-exclusive jurisdiction of the New Zealand courts.