Terms of Use

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These terms were last updated on 1 June 2023.

These are the terms of use (“Terms”) for our website at https://www.humankind.nz/leadondemand (“Website”) and our online Learning Programs (the “Learning Programs”). The Website and the Learning Programs are owned and operated by Humankind 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 Programs are referred to as "you" or "your". Please read these Terms carefully before using the Website and the Learning 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 [email protected].

1. About the Learning Programs

The Learning program includes our Lead onDemand online course.

We will use reasonable efforts to provide the Learning 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.

A variety of information, articles, advice, recommendations, messages, comments, posts, text, graphics, music, sound, photographs, videos, data, and other materials or tools (including User Comments, defined below) (collectively “Content”) is available on the Website and through the Learning Program. 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 Programs, you need to create an account with us (an “Account”). The fees charged to access the Learning 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 Programs.

The Learning 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 [email protected] 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

In using the Website or the Learning 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 Program;
  • access the Website or the Learning to build a product or service which is the same as or similar to the Learning or which otherwise competes with the Learning Program;
  • 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 or any Content for any purpose;
  • introduce any viruses, Content or code to the Website or the Learning that is technologically harmful;
  • do anything that could disable, overburden, or impair the Website or the Learning Program, 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 Program.

4. Linked sites

The Learning 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 [email protected].

Payments made directly to us via invoice will not require that your information is shared with an independent service provider as they will be processed only by us.

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 Comments you have submitted) and the Learning belong to us or our licensors.

We grant you the right to access and use the Learning 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 Comments you have submitted) or any other part of the Learning 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 Comments

As part of the Learning Programs, you may have the ability to submit your own comments to us and other users – for example on our module videos. (“User Comments”).

We will review your User Comments and then post or publish the User Comments on the Website and throughout the Learning Programs. It is important that you post any User Comments with integrity and honesty.

If you submit User Comments to us:

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

You promise us that your User Comments:

  • 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 Comments that we think either breaches these Terms or is otherwise inappropriate for the Learning Programs.

8. Feedback

We welcome your feedback and ideas on how to improve the Website and the Learning Program. 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 Programs (including any elements provided by third parties);
  • the Website and Learning Programs are provided “as is” and "as available" you use and rely on the Website and the Learning Programs (including the Content) at your own risk;
  • we do not promise that the Website or Learning 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 Programs (such as User Comments), 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 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 Programs.

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 Programs (including the Content) except to the extent the loss or damage is caused by our negligence or breach of these Terms;
  • your User Comments; or
  • your breach of these Terms.

11. Cancellation

You can cancel your Account at any time by emailing us at [email protected]. 

If you cancel your Account, you will no longer be able to access the Learning Programs and will not be entitled to a refund for any Fees that you have already paid.

We may cancel your account at any time if;

  • 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 Comments and other data from our systems upon cancellation of your Account. If deleted, this User Comments 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 Comments or data you require is backed-up or replicated before cancellation.

12. 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 Program.

We may change the Terms from time to time. Because we provide the Learning 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 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 Program, 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).