1. Interpretation1.1. In these terms and conditions, unless the context otherwise requires:
“advertisement” means an advertisement listed on this website by a life-coach or any other person;
“chat rooms” means chat rooms and private chat rooms on this website;
“content” means any content posted on this website by users including advertisements, profiles and success stories.
discussion forums” means discussion forums on this website;
“life coach” means a person registered as a life coach to use the services provided through this website;
“People Coaching People” means People Coaching People Co Limited and any associated company and the officers and employees thereof;
“profile” means a profile posted on this website for life coaches and includes testimonials posted for a life coach;
“services” means any services People Coaching People may supply through this website from time to time;
“success story” means a narrative of a successful coaching session posted on this website by a user.
“user” means any person viewing this website, any person registered as a user, including life coaches, or any person using a service provided through this website;
“website” means this website.
2. Acceptance of terms and conditions and alterations2.1. People Coaching People offers the use of this website on these terms and conditions. By using this website or registering as a user you agree to be bound by all these terms and conditions. If you do not wish to accept these terms and conditions, do not use this website or register as a user.
2.2. People Coaching People may amend these terms and conditions from time to time. Amendments to these terms and conditions shall be effective from the date they are published on this website. Your continued use of this website shall be deemed to be acceptance of the amended terms and conditions.
3.Registering as a user3.1. You may only register as a user of this website if you have the capacity to form a legally binding contract. By registering as a user you warrant that you have such capacity.
3.2. By registering as a user and supplying your personal information to People Coaching People you warrant that your personal information is complete and accurate. You must maintain your personal information so as to ensure it remains complete and accurate at all times.
3.3. People Coaching People may decline to register you as a user or People Coaching People may decide to terminate your registration for any reason and without consultation with you.
3.4. It is your responsibility to keep your login information confidential and secure. You must not disclose your login information to any third party.
3.5. You may not register as a user of this website under multiple names or identities.
3.6. If you register as a life coach on this website you warrant that:
(a) you hold the qualifications required to provide the services of a life coach;
(b) you will at all times act ethically and with reasonable care, skill and diligence; and
(c) you have no criminal record
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4. Website content4.1. The acceptance of any content for publishing on this website is entirely at the discretion of People Coaching People. People Coaching People has the right to refuse to publish any content on the grounds of objectionable or misleading material or due to the misuse of any service or website by you.
4.2. People Coaching People may edit content to any extent for any reason whatsoever at the sole discretion of People Coaching People.
4.3. Content must not contain material that is deceptive, misleading, offensive, objectionable, defamatory or unlawful.
4.4. If a life coach applies to place a profile on this website the life coach agrees to provide People Coaching People with the life coaches’ credentials. After reviewing a life coaches’ credentials, People Coaching People may either accept or decline the life coaches’ application to place a profile on this website for any reason whatsoever.
4.5. Life coaches agree that People Coaching People may give life coaches a rating. People Coaching People excludes all liability and responsibility for any loss that life coaches may incur as a result of such rating.
4.6. People Coaching People reserves the right to remove or alter any content for any reason, entirely at its discretion, including but not limited to any of the following:
(a) where any content breaches clause 4.3;
(b) where the content includes a link or reference to any other website;
(c) where People Coaching People has reasonable cause to believe that the party placing the content has previously engaged in any dishonest or unethical conduct in relation to this or any other website or has breached these terms and conditions.
5. Discussion Forums or Chat Rooms5.1. You must be a registered user to be able to use the discussion forums or chat rooms on this website.
5.2. People Coaching People shall not be responsible for opinions expressed or advice given in the discussion forums or chat rooms. By posting opinions, comments or advice on the discussion forums or chat rooms you agree to be legally responsible and liable for those opinions or comments and to fully indemnify People Coaching People for any claims made against it or any expenses it incurs as a result of your posted opinions, comments or advice.
5.3. People Coaching People reserves the right to remove any postings from the discussion forums or chat rooms that it considers in its sole discretion and for any reason to be defamatory, objectionable, offensive, misleading or unlawful.
5.4. Life coaches are prohibited from giving advice or counselling in discussion forums or chat rooms.
6. Exclusion of Liability6.1. To the maximum extent permitted by law, People Coaching People excludes its liability and responsibility to you or any other person in relation to:
(a) these terms and conditions; (b) the services;
(c) this website;
(d) any loss of data held by People Coaching People on this website or elsewhere;
(e) another user’s acts or omissions;
(f) the placement of any content on this website;
(g) the rating of a life coach given by People Coaching People; or
(h) your inability to access or use the services or this website regardless of whether such liability arises in contract, tort, equity, breach of statutory duty or otherwise. People Coaching People’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect.
7. No Guarantee7.1. People Coaching People does not guarantee that:
(a) content will be published on this website on any particular date;
(b) this website will be available at all times;
(c) content will be placed in any particular position on this website.
7.2. To the extent that any content is published for the purposes of your business the statutory guarantees in the Consumer Guarantees Act 1993 shall not apply.
8. Intellectual Property Rights8.1. All proprietary and intellectual property rights in this website are the property of People Coaching People and its licensors or suppliers.
8.2. Unless People Coaching People or its licensor or suppliers approves in writing, you are prohibited from reproducing, transmitting or distributing in whole or in part, or in any medium or form, any content contained within this website other than your own material.
8.3. Where any intellectual property rights are created by People Coaching People for the purposes of publishing any content or the provision of any other service, the intellectual property rights shall be the property of People Coaching People.
8.4. Where any content includes any intellectual property, the party providing the content warrants that it is authorised to deal with the intellectual property in the manner set out in the content.
9. Indemnity9.1. All parties publishing content and using the discussion forums and chat rooms on this website agree to indemnify, and to keep indemnified, People Coaching People against all claims, losses or damages of any kind, including any legal costs incurred, resulting from or connected with the publishing of content or use of the discussion forums or chat rooms.
9.2. It is the responsibility of the party providing the details to be included in content or giving advice or expressing comments or opinions in chat rooms or discussion forums to ensure compliance with all laws which are or might be applicable.
9.3. You shall not engage in conduct which may bring People Coaching People into disrepute or cause damage to People Coaching People’s reputation.
10. Privacy10.1. The personal information provided by you to People Coaching People is used solely for the purpose of the services provided by People Coaching People.
10.2. Any person in respect of whom People Coaching People possesses personal information may have access to that information and may require it to be corrected or deleted.
10.3. All parties placing content or posting information in discussion forums or chat rooms on this website must ensure that the details provided in the content or posting are correct and are limited to those details which the party considers necessary for the purpose of the content or posting.
10.4. All parties placing content or posting information in discussion forums or chat rooms on this website must ensure that the content or posting is authorised by the appropriate persons and People Coaching People takes no responsibility for content or postings that are placed on this website without proper authority.
10.5. People Coaching People may disclose personal information in its possession to third parties only when it is required by law to do so.
11. Virus Protection and Email SPAM11.1. It is your responsibility to ensure that your computer has adequate and regularly updated virus protection and People Coaching People shall have no liability arising from any infection of your computer howsoever caused.
11.2. People Coaching People shall take all reasonable steps to ensure that its server is regularly scanned for viruses.
11.3. People Coaching People shall be entitled to reject any electronic communication which contains a virus or malicious code and shall have no liability arising from any such rejection.
11.4. People Coaching People adopts a responsible code of conduct and will not knowingly communicate any Email SPAM and expects you to take all reasonable steps to prevent the dissemination of SPAM.
12. General12.1. Any failure or delay by People Coaching People to enforce any breach of these terms and conditions does not constitute a waiver by People Coaching People of its rights and remedies under these terms and conditions.
12.2. Without prejudice to clause 6, People Coaching People has no liability or responsibility for any lack of performance or unavailability of any service or this website or for the failure of People Coaching People to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of People Coaching People.
12.3. If any provision of the terms and conditions becomes or is held to be invalid or is unenforceable for any reason it shall be severed from the remaining provisions which shall continue in full force and effect.
12.4. These terms and conditions are governed by the laws of New Zealand. You submit to the exclusive jurisdiction of the Courts of New Zealand.
12.5. These terms and conditions constitute the entire agreement between the parties and supersede all previous understandings, conditions, representations and agreements between the parties for the use of this website and the provision of services to you by People Coaching People.