1. ACCEPTANCE OF TERMS AND CONDITIONS
1.1 Acceptance: This website is owned and operated by AppRising Limited ("AppRising", "us", "we", “our”). By accessing and browsing this website, you agree to be bound by clauses 1 – 5 and 12 - 15 of these terms ("Terms"). Clauses 6 - 11 apply only to the sale of Services. No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an Order Confirmation email to you indicating that your order has been accepted.
1.2 Amendments: we may amend, alter or update these Terms from time to time. You must check these Terms frequently as you are bound by the Terms in effect at the time at which you access this website.
2. DEFINITIONS AND INTERPRETATION
2.1 In this Agreement the following terms shall have the following meanings:
(a) "Account": means collectively the personal information, Payment Information and credentials used by users to access Paid Content and / or any communications System on the website;
(b) "Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;
(c) "Facilities": means collectively any online facilities, tools, services or information that AppRising makes available through the website either now or in the future;
(d) "Services": means the services available to you through this website, specifically use of the AppRising online program platform;
(e) "Payment Information": means any details required for the purchase of Services from this website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
(f) "System": means any online communications infrastructure that AppRising makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
(g) "user" / "users": means any third party that accesses the website and is not employed by AppRising and acting in the course of their employment; and
(h) "website": means the website that you are currently using (apprising.co.nz) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions.
3. USE OF WEBSITE
3.1 Compliance with law: You must only use this website in a way that complies with all applicable laws and regulations, that does not infringe our rights or other users' rights, and that does not inhibit or restrict other users' enjoyment of this website.
3.2 No interference: Without limiting clause 3.1, in particular, you must not do anything that may affect the security or operation of this website, any services offered via this website or any network or system underlying or connected to them (including without limitation, by using a robot, spider, scraper or other automated means to access this website or feature on it for any purpose).
3.3 Termination/indemnity: we reserve the right to terminate your use of this website in the event that you breach any of these Terms, and in which case, you agree to indemnify us against the consequences of your breach.
3.4 Unsolicited email: Publication of email addresses on this website should not be taken as deemed consent to receiving unsolicited email or texts.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 IP rights in this website: We or our licensors own all intellectual property rights in this website, including all of the content of this website (such as text, graphics, logos, icons and sound recordings), all software code underlying and forming part of this website and any improvements, enhancements, modifications or adaptions to this website.
4.2 Your right to use this website: You may view, save, copy and print any part of this website (including the content of this website) for your personal non-commercial use only. You must obtain written permission from us to otherwise use, copy, modify, or distribute any part of this website (including the content of this website) in any way. If you wish to use any images, graphics, icons or third party material identified as such on this website you must obtain the prior consent of the relevant owner. This includes the content of websites you access via links from this website.
5. EXTERNAL WEBSITES AND THIRD PARTY INFORMATION
5.1 Convenience only: Links and references on this website to external websites or third party material (including advertisements) are provided to you as a convenience only. We are not responsible for any third party material you access on or through this website (including advertisements) and we have not reviewed and do not endorse such material.
6. USE OF COMMUNICATIONS FACILITIES
6.1 When using any System on the website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
(a) You must not use obscene or vulgar language;
(b) You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
(c) You must not submit Content that is intended to promote or incite violence;
(d) It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
(e) The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
(f) You must not impersonate other people, particularly employees and representatives of AppRising or affiliates; and
(g) You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
6.2 You acknowledge that AppRising reserves the right to monitor any and all communications made to us or using our System.
6.3 You acknowledge that AppRising may retain copies of any and all communications made to us or using our System.
6.4 You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
7.1 In order to procure Services on this website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the website as we may not require payment information until you wish to make a purchase. By continuing to use this website you represent and warrant that:
(a) all information you submit is accurate and truthful;
(b) you have permission to submit Payment Information where permission may be required; and
(c) you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
7.2 It is recommended that you do not share your Account details, particularly your username and password. we accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
7.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
7.4 When choosing your username you are required to adhere to the terms set out above in Clause 6. Any failure to do so could result in the suspension and/or deletion of your Account.
7.5 Coaching workshops and calls will be carried out via "Microsoft Teams" or, at AppRising’s discretion, via a comparable platform. You do not need to have a Microsoft Teams account but it is recommended that you do and download the Microsoft Teams app rather than use the web experience.
7.6 Coaching workshops and some assignment tasks leverage the collaborative digital whiteboard platform “Miro”. You will need to create a Miro account (a free version is available) is order for us to share assignment materials and collaborate with you in workshops.
8. TERMINATION AND CANCELLATION OF ACCOUNTS
8.1 Either AppRising or you may terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
8.2 If we terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
9. SERVICES, PRICING AND AVAILABILITY
9.1 Whilst every effort has been made to ensure that all general descriptions of Services available from AppRising correspond to the actual Services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 10.8 for incorrect Services.
9.2 Where appropriate, you may be required to select the required Plan of Services.
9.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the website.
9.4 All pricing information on the website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
9.5 In the event that prices are changed during the period between an order being placed for Services and us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
10. ORDERS AND PROVISION OF SERVICES
10.1 No part of this website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending to you an order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between AppRising and you.
10.2 Order confirmations under sub-Clause 10.1 will be sent to you before the Services begin and shall contain the following information:
(a) Confirmation of the Services ordered including full details of the main characteristics of those Services;
(b) Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
(c) Relevant times and dates for the provision of the Services;
(d) User credentials and relevant information for accessing those services.
10.3 If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
10.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
10.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
10.6 AppRising shall use all our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
10.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us immediately to inform us of the mistake. we will ensure that any necessary corrections are made within five (5) working days.
10.8 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
10.9 AppRising provides technical support via email and/or phone. AppRising makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
11. CANCELLATION OF ORDERS AND SERVICES
11.1 We want you to be completely satisfied with the Products or Services you order from AppRising NZ. If you need to speak to us about your Order, then please contact customer care by email at firstname.lastname@example.org or write to us at our address (see section 15 below). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
11.2 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between AppRising and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform us immediately using the following email: email@example.com. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 11.3.
11.3 As specified in sub-Clause 10.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
(a) If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
(b) If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform us that you wish to cancel.
11.4 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
12.1 No liability: This website is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we will not be liable to you for the accuracy, availability, timeliness or reliability of any information, statements or services on this website.
12.2 Not error free: Without limiting clause 12.1, we do not represent or warrant that this website will be error-free, free of any viruses or bugs or compatible with any particular browser or device.
14. GOVERNING LAW
14.1 New Zealand: This website and these Terms are governed by the laws of New Zealand. When you access this website, you submit to the exclusive jurisdiction of the New Zealand courts.
15. Contact us
15.1 If you have any questions about these Terms, the practices of this website, or if you would like to give us feedback or notice, you can contact us in the following ways:
59 Braemar Rd
Castor Bay, Auckland 0620