PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
1. Introduction and Agreement to Be Bound. This website is operated by The Elation Institute. These Terms and Conditions govern elation.co.nz (the “Website”) and you agree to the Terms and Conditions by using the Website
2. Modification of Terms. The Elation Institute reserves the right to modify these Terms and Conditions at any time. You will be responsible for reviewing and complying with these Terms and Conditions periodically in the event that they are modified.
4. License. The Elation Institute grants you a limited, revocable, non-exclusive license (i) to access the Website, and (ii) while accessing the Website, to view Materials displayed on the Website for your personal use, and for no other purpose.
5. Intellectual Property.
Copyright. The Elation Institute retains all right, title and interest on behalf of itself and (where applicable) its third party suppliers and/or business partners to Materials. You acknowledge and agree that ownership of Materials resides in Elation Institute, and agree not to challenge, directly or indirectly, The Elation Institute’s ownership (or that of its suppliers and/or business partners) in and to the Materials. You agree to indemnify and hold The Elation Institute harmless from any unauthorized use of the Materials by you or caused by you.
Trademarks. You acknowledge and agree that any name, logo, trademark, or servicemark contained on this Website is owned or licensed by The Elation Institute or our suppliers and/or business partners and may not be used by you without prior written approval. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of The Elation Institute or such third party that may own the Trademark displayed on this Website. Your use of any of these materials is prohibited unless specifically provided for on this Website. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
6. Prohibited Conduct. Except as permitted under the Terms and Conditions or where a prohibition is contrary to applicable law, copying, storing, displaying, reproducing, distributing, marketing, selling, licensing, sublicensing, publishing or creating derivative works of any Materials is expressly prohibited without the prior written permission from The Elation Institute. You agree that the Materials may not be reverse engineered, disassembled, decompiled, or retransmitted in any way through any medium or otherwise translated into any language or computer language. You will not use the Materials or elationinstitute.com in any manner that violates the law or the rights of any other person. You agree that you will not use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from this Website or otherwise monitor or copy the Materials. You are expressly prohibited from framing or linking or otherwise using or displaying the Website in such a manner so that it appears to be part of your own or someone else’s website. You shall not deep link to any page on the Website or otherwise link in a manner that bypasses the Website home page. You agree not to propose ideas, concepts, methods or techniques for new or proposed services or products through the Website. By doing so, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use the content of such communication in any manner whatsoever.
7. Submissions. Any ideas, copy, proposals, inventions, product and/or service modifications, methodologies, suggestions or similar communications you transmit to the Website by electronic mail or otherwise is, and will be treated as, nonconfidential and nonproprietary. Any such material becomes the property of The Elation Institute and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, The Elation Institute is free to use any ides, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
8. Disclaimer. THE WEBSITE AND THE MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE ELATION INSTITUTE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. THE ELATION INSTITUTE AND ITS SUPPLIERS MAKE NO WARRANTIES TO YOU ABOUT OR FOR THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE OR THE MATERIALS OR ABOUT OR FOR THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE WEBSITE OR THE MATERIALS, OR ABOUT OR FOR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. THE ELATION INSTITUTE DOES NOT WARRANT TO YOU THAT THE WEBSITE OR THE MATERIALS WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE MATERIALS OR THE WEBSITE SERVERS ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE ELATION INSTITUTE IS NOT RESPONSIBLE FOR THOSE COSTS.
9. Limitation of Liability. YOUR USE OF THE WEBSITE AND THE MATERIALS IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, SHALL THE ELATION INSTITUTE AND/OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGES FOR WORK STOPPAGE OR INTERRUPTION, FOR LIABILITY OR INJURY TO THIRD PERSONS, OR FOR ECONOMIC, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR ANY LOSS OF BUSINESS, DATA, GOODWILL, PROFITS, SAVINGS, OR SOFTWARE) RESULTING IN ANY WAY FROM YOUR OR ANY OTHER PERSON’S USE OR INABILITY TO USE THE WEBSITE OR THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ELATION INSTITUTE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Third Party Sites. THE WEBSITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES, BUT SUCH LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU. THE ELATION INSTITUTE IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED THIRD-PARTY SITES AND DOES NOT ENDORSE, SUPPORT, OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT OR ACCURACY OF MATERIALS ON SUCH THIRD-PARTY WEB SITES. IF YOU DECIDE TO ACCESS LINKED THIRD-PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK.
11. Indemnification. You agree to defend, indemnify, and hold harmless The Elation Institute, its parents, affiliates and subsidiaries and their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your negligence or from your breach of the Terms and Conditions.
12. Waiver. No waiver of any term of the Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.
13. Assignment. The Elation Institute may assign its rights and duties under the Terms and Conditions to any party at any time without notice to you. Your rights and duties under the Terms and Conditions are not assignable by you without consent of The Elation Institute.
14. Once a participant submits the full fee, a spot will be reserved for them in an onsite course. If they decide to cancel enrolment prior to one week from the starting day of the course, the course fee will be refunded in full. If they cancel prior to the start day of the course but within the one week immediately preceding the start day of the course, they will receive a refund of 50% of the course fee. There are no refunds for cancellations, or withdrawals from the course beginning from the day of the class and onwards. If for any reason, the course is cancelled by the Elation Institute, the participant will receive a full refund.
15. The management reserves the right to ask any participant to leave the course if a participant knowingly disrupts the course or the course participants in any way. The course fee will not be refunded in such a circumstance.
16. The management reserves the right to ask any participant who does not adhere to the course protocols. e.g. not taking appropriate Covid 19 precautions etc to leave the course. The course fee will not be refunded in such a circumstance.
15. All Elation Institute's course material including handouts, workbooks, presentations, exercises and activities are protected by copy right. If a participant violates the copyright and in any way photocopies, distributes, sells, uses it for commercial use etc. the Elation Institute reserves the right to prosecute such a person/persons to the full extent of the law including filing a complaint with the relevant authorities, suing for damages and filing a lawsuit in court.
16. Termination. The Elation Institute may terminate your use or rights to access to any or all portions of the Terms and Conditions and the Materials for any reason or no reason at all.
(last changed/updated: February 7th, 2021)