PKP end user terms
1 PKP SERVICE
1.1 The PKP service (PKP) is a cloud service, including websites, mobile apps and APIs, provided by PKP INTERNATIONAL LIMITED that supports the study and teaching of Kinesiology and other holistic wellness practices.
2 APPLICATION OF TERMS
2.1 These Terms apply to your use of PKP. By accessing and using PKP:
a you agree to these Terms; and
2.2 If you do not agree to these Terms, you are not authorized to access and use PKP, and you must immediately stop doing so.
3 CHANGES
3.1 We may change these Terms at any time. We will notify you of the change by email and/or in-app message and, where practical, will provide you 15-day advance notice of the change. Unless stated otherwise, any change takes effect from the date set out in the notice. By continuing to access and use PKP from the date on which the Terms are changed, you agree to be bound by the changed Terms.
3.2 These Terms were last updated on 10 May 2022.
4 INTERPRETATION
In these Terms:
PKP Software means the software owned by us (and our licensors) that is used to provide PKP.
Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of PKP. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the PKP Software. Your Confidential Information includes the Data.
Customer means an organization (such as a company, business, charity, trust, government agency or other entity) that enters into an agreement to use PKP in the planning and delivery of their education services.
Courseware means any digital or physical material created by PKP for the study, teaching, assessment or practice of Kinesiology or any related holistic wellness practice.
Data means all data, content, and information (including personal information) owned, held, used, or created by you or on your behalf that is stored using, or inputted into, PKP.
including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
a party includes that party’s permitted assigns.
a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
personal information means information about an identifiable, living person, and includes personal data, personally identifiable information and equivalent information under applicable privacy and data protection laws.
Personnel includes officers, employees, contractors and agents.
Privacy Policy means the privacy policy document that we publish on app.icpkp.com/privacy, as may be updated from time to time.
Start Date means the date that you first access or use PKP.
Terms means these terms titled PKP End User Terms, as may be updated from time to time in accordance with clause 3.1.
Underlying Systems means the PKP Software, IT solutions, systems and networks (including software and hardware) used to provide PKP, including any third-party solutions, systems and networks.
User ID means a unique name and/or password allocated to you to access and use PKP.
We, us or our means PKP INTERNATIONAL LIMITED, a New Zealand company, company number 114191.
Website means the internet site at icpkp.com or such other site notified to you by us.
Year means a 12-month period starting on the Start Date or the anniversary of that date.
You or your means you or, if clause 2.1b applies, both you and the other person on whose behalf you are acting.
Words in the singular include the plural and vice versa.
A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements, or other changes to any of them.
5 YOUR OBLIGATIONS
a use PKP in accordance with these Terms solely for lawful purposes (including complying with any applicable law regulating unsolicited electronic messages); and
b not resell or make available PKP to any third party, or otherwise commercially exploit PKP.
5.2 You must provide true, current, and complete information in your dealings with us (including when setting up a profile) and must promptly update that information as required so that the information remains true, current and complete.
5.3 If you are given a User ID, you must keep your User ID secure and:
a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b immediately notify us if you become aware of any unauthorized use or disclosure of your User ID, by sending an email to admin@icpkp.com
5.4 When accessing PKP, you must:
a not impersonate another person or misrepresent authorization to act on behalf of others or us;
b correctly identify the sender of all electronic transmissions;
c not attempt to undermine the security or integrity of the Underlying Systems;
d not use, or misuse, PKP in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use PKP;
e not attempt to view, access or copy any material or data other than:
i that which you and they are authorized to access; and
ii to the extent necessary for you and them to use PKP in accordance with these Terms;
f neither use PKP in a manner, nor transmit, input or store any Data, that breaches any third-party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading; and
g unless with our agreement, access PKP via standard web browsers or the PKP mobile apps that we publish on the Apple App Store or Google Play Store and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction, monitoring or input method.
6 TERMS FOR APPLE APP STORE DOWNLOADS
If you have downloaded the PKP app (App) from the Apple App Store the following additional terms and conditions apply:
a these Terms are solely between you and us and not with Apple. We (and not Apple) are solely responsible for the App and its content (subject to these Terms);
b you acknowledge that Apple has no obligation to furnish any maintenance or support services to you in connection with the App;
c in the event of any failure of the App to conform to any warranty that might be contained or implied into these Terms, you may notify Apple, and Apple will refund the purchase price (if any) for the App. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App;
d any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by these Terms, and Apple is not responsible for such claims;
e you will comply with the App Store Terms of Service including the Usage Rules;
f you represent and warrant that you are not located in any U.S. embargoed countries or on any U.S. Government list of prohibited or restricted parties;
g Apple and its subsidiaries are third party beneficiaries to the terms set out in this clause 6 and, upon your acceptance of these Terms, Apple will have the right to enforce the terms set out in this clause 6 against you; and
h all other terms and conditions of these Terms apply to your use of the App.
7.1 We and our Customers may use the Data as set out in our Privacy Policy.
7.2 We will not sell the Data or any other personal information to third parties.
7.4 You may request removal of personally identifiable Data. Requests for Data removal can be initiated by email to admin@icpkp.com and upon removal will result in the termination of your access to PKP.
8 COMMUNICATION WITH OTHER USERS
8.1 You may communicate with other users of PKP through the communication channels provided on PKP.
8.2 We may use information such as your name, display or username, and/or your image to provide the communication channels on PKP.
9.1 Subject to clause 9.2, title to, and all Intellectual Property Rights in, PKP, the Website, PKP Apps, and all Underlying Systems is and remains our property (and our licensors’ property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
9.2 Title to, and all Intellectual Property Rights in, Data (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable license to use, store, copy, modify, make available and communicate Data for the purposes of the exercise of our rights and performance of our obligations in accordance with these Terms.
9.3 You grant Customers where you are involved in studying a worldwide, non-exclusive, fully paid up, transferable, irrevocable license to use, store, copy, modify, make available and communicate Data for their business purposes.
9.4 If you provide us with ideas, comments or suggestions relating to PKP or the Underlying Systems (together feedback):
a all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
b we may use or disclose the feedback for any purpose.
10.1 You must treat all information available and otherwise provided through PKP as strictly confidential, and may only use that information for the purpose of studying and/or providing services and communicating with other users through PKP.
10.2 Confidential Information expressly includes contact details of each user, but does not include any information already in the public domain, or independently known to you.
11.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a PKP being unavailable (in whole or in part) or performing slowly;
b any error in, or omission from, any information made available through PKP;
c any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use PKP. To avoid doubt, you are responsible for ensuring the process by which you access and use of PKP protects you from this; and
d any site linked from PKP. Any link on PKP to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, or services.
11.2 You acknowledge that:
a you rely on information provided by other users at your own risk; and
b we do not, control, inspect, endorse, approve or check the availability, condition or nature of any College or the accuracy, currency, truth or completeness of the information provided by organizations and it is your responsibility to do so.
12.1 To the maximum extent permitted by law:
a you access and use PKP at your own risk; and
b we are not liable or responsible to you or any other person for any Loss under these Terms or in connection with PKP. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
12.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD10.00.
12.3 To the maximum extent permitted by law and only to the extent clauses 12.1 and 12.2 of these Terms do not apply:
a our total liability to you under or in connection with these Terms or in connection with PKP, must not exceed NZD10.00; and
b we will not be liable to you under or in connection with these Terms or PKP for any:
i loss of profit, revenue, savings, business, use, data (including Data), and/or goodwill; or
ii consequential, indirect, incidental or special damage or loss of any kind.
12.4 Clauses 12.1 to 12.3 do not apply to limit:
a our liability under or in connection with these Terms:
i for personal injury or death; or
ii for fraud or wilful misconduct; or
b any liability that cannot be excluded by law.
13 TERM, TERMINATION AND SUSPENSION
13.1 You may terminate your right to access and use PKP and these Terms by removing your profile and ceasing to use PKP.
13.2 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, terminate your access to PKP (or any part of it).
13.3 Termination of these Terms does not affect either party’s rights and/or obligations that accrued before that termination.
14 GENERAL
14.1 Except as set out in clauses 6g and 9.3, no person other than you and us has any right to a benefit under, or to enforce, these Terms.
14.2 For us to waive a right under these Terms, that waiver must be in writing and signed by us.
14.3 If we need to contact you, we may do so by email, in-app message or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications. You may give notice to us under or in connection with these Terms by emailing admin@icpkp.com.
14.4 These Terms, and any dispute relating to these Terms or PKP, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or PKP.
14.5 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 7.5, 9, 10, 11, 12, 13.3 and 14.4, continue in force.
14.6 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
14.7 Subject to clause 3.1, any variation to these Terms must be in writing and signed by both parties.
14.9 You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.