Terms and Conditions for KiwiBoss Online Course:
Leader’s Guide to Performance Management
Last Updated on March 26th, 2021
Acceptance of Terms

These Terms constitute the entire and only agreement between you and KiwiBoss Limited
and supersedes all prior agreements, conduct, representations and understandings relating
to this course. References to “KiwiBoss”, “we”, “us”, “our”, mean KiwiBoss Limited.
References to “you”, “your”, “registrant” mean you or the entity or the registrant that has
access to and use all or any part of the KiwiBoss Product Suite.
“Product(s)” and / or “Services” means any course, program, event, video, guide, webinar,
workbook, coaching, training or any combination of these products.
“Product(s)” and / or “Services” and / or “Events” and /or “Online Courses” specifically
excludes third party offerings that may advertised on our Site including but not limited to
offerings from HRNZ and CCH Learning. Those offerings are governed by the terms set by
those third-party providers.
“Site” means kiwiboss.co.nz

These Terms and Conditions (Terms) govern your use of our Products and Services. They
form a binding contract between you and us.

By purchasing, accessing, downloading or using our Products and Services you agree to be
bound by these Terms, which you acknowledge that you have read and understood.
We may change all or part of these Terms at any time. Amended terms and conditions will
be posted on our Site. Your continued use of the Products will constitute your acceptance of
any changes. If you object to any changes to the Terms, you may contact
julia@kiwiboss.co.nz and must immediately discontinue use of our Products.

These Terms are important and you should ensure that you read them carefully and contact
KiwiBoss at julia@kiwiboss.co.nz if you have any questions before purchasing our Products
or engaging our Services.

Our Product(s) and Services are intended for adult persons aged 18 years and older. If you
are under the age of 18 and wish to participate in any of our Products or Services please
contact julia@kiwiboss.co.nz

Bookings and Payment

The purchase of Products and Services must be made via the Site. Payment is required at
the time of purchase online. If you require an alternative payment method, for example 20th
of the following month, please contact julia@kiwiboss.co.nz to discuss your requirements.
Invoices for any KiwiBoss program are automatically generated and can be requested at any
time by emailing julia@kiwiboss.co.nz

Most of our payments are operated through a credit or debt card or an online and automated
billing system (Online Payment). Where your payments are made via Online Payment:
a. You agree to ensure sufficient funds are available in your nominated account to meet
any account withdrawals made by us on their scheduled due dates.
b. If payment is defaulted or not received, you authorise us to debit any outstanding
funds from your nominated account without need for notification at a future date.
Where another agent or enterprise is debiting funds pursuant to an arrangement entered into
with us, you also affirm the same rights and undertakings explained in these Terms to them.
Bookings for Products and / or Services that have capped participation are reserved on a
"first-come, first-served" basis. If a course or event is fully booked, potential attendees will be
placed on a waiting list. Reservation is not guaranteed until payment is received. If payment
is received and Product and /or Service has reached it’s attendee cap, you will be refunded
in full.

If a situation arises where we need to change the time or date of scheduled Product or
Services, we will provide you with as much notice as possible. Where a change of time or
date means that you are unable to attend a live event, we will endeavour to provide you with
a recording and / or materials relating to the live event. We may add dates and times of
webinars and online events if we have higher numbers attending our live events.
We reserve the right to suspend or terminate any product or service, at our discretion, if
payment is defaulted.

We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised
agency to collect any amount not paid by you.
We reserve the right to inform credit watch monitoring services of ongoing defaults trends or
payment-avoiding strategies employed where we deem it is appropriate.
We endeavour to work with clients who have financial difficulties to ensure actions such as
those listed above do not happen. If you are having difficulties or require a payment plan,
please contact us.

In circumstances where we invoice you for payment, payment is due and payable by the
payment date noted on the invoice. Failure to make payment by the payment date may lead
to suspension of use of our product and/or services.
From time to time, we may offer previous course attendees the opportunity to purchase
additional products and services at a discounted rate.

Cancellations and Refunds

You may not cancel or amend a Product or Service after purchase. You may substitute a
Participant before the commencement of the Product and / or Service. Substitutions must
be emailed to julia@kiwiboss.co.nz
Without creating a binding obligation, we will consider a request for a refund if we are unable
to provide you with the Product or Service at the original date and time as advertised and
have not provided you with a recording or commensurate resource.
Each refund request will be assessed on a case-by-case basis and when genuine value has
not been received or is unable to be received, refunds will be granted at the discretion of our
team. Any refund requests must be received within 7 days of completing the Product and /
or Service.

We may cancel or suspend your access to our Products or Services due to a breach of
these Terms. Such breach will be determined by us in our sole discretion. You will be
eligible for a refund of any amount spent if you access is cancelled or suspended due a
breach of these Terms.

About your Course: Leader’s Guide to Performance Management “Leader’s Guide”
Your course has 4 modules, each of which will be unlocked each week of the month
that you attend the course:
Week 1 – Motivate Staff to succeed
Week 2 – Effectively delegate and supervise
Week 3 – Give feedback and performance reviews
Week 4 – Manage poor performers

Facilitators
Our team of facilitators includes employment lawyer Julia Shallcrass, who will give you
practical guidance on how to you reduce your legal risk, while improving performance and
team results. Our team of facilitators includes HR consultants and people management
experts.

Learning experience
The Leader’s Guide is an interactive and engaging learning experience, giving you the
chance to ask questions and collaborate with others.
Videos. Learn through a mix of videos, and live facilitated webinar sessions for group
coaching and discussions. Videos on each module will be unlocked each week that you
attend the course. You can view all videos for 3 years guaranteed from date of purchasing
the Leader’s Guide.

Live weekly webinars. Twice a week during the duration of the 4 week course, you’ll get
the chance to join our experts in live webinars to answer your queries, share your ideas in
group discussions, and practise your management techniques in real-world activities.
Our Q&A webinar will be on Fridays at 11 am, and our Activities sessions will be on
Wednesdays at 11 am on each month (June, August and October). The Q&A webinar will
be recorded for viewing later, and attendees can send questions in advance.

Download fillable workbook with templates.

Access checklists on delegation and performance reviews, coaching and performance
review templates, complete practical activities, and much more.

Certificate of completion for CPD points.

We will give you a certificate of completion for successfully completing the programme –
including 75% correct score on quizzes.

Learn in your own time and at your own pace. Complete the video modules and
worksheets when it fits into your work week.

Additional coaching and training

You can choose expert individual and inhouse coaching sessions in addition to the course:
- The individual coaching is online through Zoom (or any other technology), and
includes 3 sessions of 1 hour coaching.
- The inhouse coaching is online through Zoom (or other technology) and includes 4
sessions of 1 hour coaching for up to 10 attendees.
- Both the above coaching and training will take place at a time that suits the facilitator
and the individual/organisation during the 4 week course (or after as agreed). The
coaching is designed to make the training more personalised and coach the
individual and organisation for success with performance management.
Dates – We accept registrations for the Leader’s Guide in June, August or October 2021.

Updates
While you will have 3 years guaranteed access to the Leader’s Guide course date of
purchase, we may charge for you to access any updates.
Prices

The following are RRP prices for Leader’s Guide as at the date of these terms:
$597 plus GST per individual registrant
$4,997 plus GST for registration of up to 10 employees
$9,497 plus GST for registration of up to 20 employees
$17,997 plus GST for registration of up to 50 employees

We also offer individual coaching and inhouse coaching through Zoom, at the following rates
as at the date of these terms:
$697 plus GST for individual coaching on course modules – 3 x 1 hour sessions of online
individual coaching
$1497 plus GST for inhouse coaching on course modules – 4 x 1 hour online coaching
session of up to 10 attendees

Access to our Products and Services
If access to our Products and Services requires you to log in to our Site or a KiwiBoss
restricted access portal, we will provide you with access once Online Payment has been
received.

You must provide accurate, complete and up-to-date registration information, as requested,
and it is your responsibility to inform us of any changes to your registration information.
Where you are registering on behalf of another individual or group of individuals, you must
provide us with their accurate, complete and up-to-date registration information, as
requested.

We may at any time request a form of identification to verify your identity, or identity of any of
your individuals accessing our Products and Services.
If you are a registered user or member to this Site, you acknowledge and agree that:
a. You and any registrants that you register for our Products and Services are solely
responsible for the protection and confidentiality of any username, log in, or password that
may be issued to you or created by you from time to time (Password) and;
b. You will not reveal (or cause to be revealed through any act or omission) your
Password to any other person;
c. You will immediately notify us if your Password is lost or becomes known to any
other person
d. You are solely responsible for all access to and use of our Products and Services via
your Password, whether such access or use is by you or any other person; and

To the extent that you provide personal information, we will treat such information strictly in
accordance with our Privacy Policy.
Our Products and Services require every user to register and pay for access. .Organisations
must register for each and every individual user. Our Products and Services cannot be
used by more than the number of users registered and paid for. The sharing of access to
our Products and Services with any person or organisation who has not paid for access is
strictly prohibited. If you are found to have breached this rule, such breach to be determined
at our own discretion, access will be immediately revoked and you waive any right to a
refund. You will also be barred from purchasing any of our Products and Services in the
future.

General Disclaimer
All our Products and Services are intended for general education and information purposes
only. Nothing on this Site, or any of the content provided to you by us during our provision of
the Products and/ or Services, purports to offer legal, medical, tax or other professional
advice. Use caution and always seek professional advice before acting on any information
that we provide.

KiwiBoss provides support, guidance and tools for you to set goals, determine priorities and
achieve results, but any decision you make, and the consequences that flow from such
decisions, is your sole responsibility.
Any testimonials and examples within our marketing materials are not to be taken as a
guarantee that you will achieve the same or similar results.
You acknowledge and agree that KiwiBoss, its directors, principals, employees and
representatives are not responsible for decisions that you may make nor losses that may
arise out of any business or personal decision made by you at any time.
KiwiBoss cannot and does not make any guarantees about your ability to get results with
staff performance, or earn any money with our ideas, information, tools, or strategies. You
acknowledge that there is an inherent risk in any business enterprise or activity and agree
there is no guarantee that you will earn any money as a result of your purchase of our

Products and/or Services

Your Obligations

When using our Products and/or Services, you may be given access to LinkedIn, Slack,
Facebook groups, other online or in person forums (KiwiBoss Community) or events in
which you may post comments, photos, messages or other material (Your Content). When
posting Your Content, you agree that you will not post or otherwise publish through this Site
or our KiwiBoss Community any of the following:

a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive,
libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening,
abusive, offensive, inflammatory or otherwise objectionable.
b. Content that harasses, degrades, intimidates or is hateful to an individual or group of
individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or
disability.
c. Information that includes personal or identifying information about another person
without that person’s consent.
d. Information that constitutes promotion or advertisement for groups, events or
activities organised through competing social clubs, activity sites and internet
platforms, except as otherwise expressly permitted by us.
e. Any information or content that impersonates any person or entity.
f. Any material, non-public information about companies without authorisation to do so.
g. Any advertisements, solicitations, chain letters, pyramid schemes, investment
opportunities or other unsolicited commercial communication (except as otherwise
expressly permitted by us).

By posting or otherwise publishing Your Content on our Site or KiwiBoss Community, you:

a. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use,
reproduce, edit and exploit Your Content in any form and for any purpose;
b. Warrant that you have the right to grant the above licences;
c. Warrant that Your Content does not breach these Terms; and
d. Consent to any act or omission which would otherwise constitute an infringement of
your moral rights, and if you add any content in which any third party has moral
rights, you must also ensure that the third party also consents in the same manner.

We reserve the right (but have no obligation) to:

a. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates
these Terms or otherwise has the potential to harm, endanger or violate the rights of any
person; and
b. Monitor use of the Site, and store or disclose any information that we collect,
including in order to investigate compliance with the Terms or for the purposes of any
police investigation or governmental request.
Code of Conduct
Our Site and KiwiBoss Community is a space for learning and is a pitch-free, solicitation-free
and sales-free environment.

Whilst using this Site and/or our KiwiBoss Community, we ask that you not:

a. Contact anyone who has asked not to be contacted.
b. Collect personal data about other users for commercial or unlawful purposes.
c. Infringe other user’s privacy rights.
d. Violate the intellectual property of others.
e. Post anything that contains software viruses, worms or any other harmful code; or
f. Use manual or automated software, devices, script robots, other means or processes
to access our Site or any related data or information.

Please see our KiwiBoss Community Guidelines in the appendix to these Terms for more
information.

Confidentiality

We respect your confidential and proprietary information, ideas, plans and trade secrets
(collectively, Confidential Information) and by using our Products and/or Services, you agree
to respect the same rights of the other participants (Participants) and representatives of
KiwiBoss.

You agree:

a. That any confidential information shared by Participants or any of our representatives
is confidential and proprietary and belongs solely and exclusively to the Participant who
discloses it or to us.
b. Not to disclose such information to any other person or use it in any manner other
than in discussion with Participants during training sessions.
c. That all materials and information provided to you by us are our confidential and
proprietary information and intellectual property, belong solely and exclusively to us,
and may only be used by you as authorised by us.
d. That if you violate, or threaten to violate, any of your agreements contained in this
paragraph we will be entitled to, among other things, injunctive relief to prohibit such
violations.

While you are free to discuss your personal results from our services, you must keep the
experience and statements, oral or written, of the Participants in the strictest of confidence.

Copyright and Trade Mark Notices

All material that forms part of this Site, our KiwiBoss Community, any restricted access portal
or otherwise delivered by us including (but not limited to) course content, text, graphics,
workbooks, information architecture and coding (Our Content), is subject to copyright. You
may access, browse or print Our Content for non-commercial, personal or internal business
use. You may modify templates provided within our Products and Services for your internal
organisation or business use. You may not copy, record, or reproduce it for any other
purpose. Modification of Our Content for any other purpose is a violation of our copyright
and other proprietary rights and is strictly prohibited. If you are unsure if your intended use
is allowed, please contact julia@kiwiboss.co.nz.
You acknowledge that you do not acquire any ownership rights by using the Site or Our

Content.

You agree that damages may be an inadequate remedy to a breach of these Terms and
acknowledge that KiwiBoss will be entitled to seek injunctive relief if such steps are
necessary to prevent violations of its intellectual property rights.

Virtual and In Person Events

For the purpose of the paragraphs below, any virtual events or in-person events hosted by
KiwiBoss, including our weekly webinars will be referred to as ‘Events’.
Events are strictly adults only to ensure professionalism and a quiet working environment for
all other attendees.

KiwiBoss reserves the right to exclude you from any Event should you, in our sole
determination, become disruptive.
You understand and acknowledge that we or our representatives may record any aspect of
an Event (Recordings). Those Recordings may be in the form of audio, video or still
photography, and those Recordings may be used in the production of marketing or other
materials to be used by us.
You must not make any recordings of the Events yourself.
You hereby waive any and all legal rights you may have against KiwiBoss in respect of
Recordings of your participation in the event and grant to KiwiBoss the absolute right and
permission to copyright and use, reuse and publish the Recordings where you may be
depicted or included, in whole or in part, or composite or distorted in character or form,
without restriction as to changes or alterations from time to time, or reproductions thereof in
colour or otherwise, made through any medium and in any and all media now or later known,
for art, advertising, trade or any other legal purpose. You also consent to the use of any
printed matter in conjunction with that use.
You waive any right that you may have to inspect or approve the finished product or
products of the Recordings or any printed matter that may be used in connection with the
Recordings or the use to which it may be applied.
You hereby release, discharge and agree to hold harmless KiwiBoss from any and all liability
that has or may occur in the making of the Recordings or any subsequent process or
publication.
You acknowledge and understand that you are not permitted to make any of your own
Recordings at any Event, webinar or other in-person forum.
In the unlikely event that KiwiBoss cancels an Event, you will receive a full refund of the
purchase price paid for the Event. We will not reimburse any optional expenses including but
not limited to flights and accommodation.

Liability is Limited

To the extent allowable by law our liability to you may not exceed the price you have paid for
our Products and Services.
The disclaimers, liability limitations and indemnities within these Terms do not exclude rights
that by law may not be excluded.
We do not make any express or implied representation or warranty about, or shall be liable,
in contract, tort (including negligence) or otherwise, for any direct, indirect, special or
consequential loss, damages or reliance in connection with any of our Site, KiwiBoss

Community, our Products and Servicesor Our Content.
In no event will we be liable for any damages whatsoever, including but not limited to any
direct, indirect, special, consequential, punitive or incidental damages, or damages for loss
of use, profits, data or other intangibles, or the cost of procurement of substitute products or
services arising out of or related to the use, inability to use, unauthorised use, performance
or non-performance of or reliance upon this Site, KiwiBoss , our Products and Services or
Our Content.

These limitations and terms include (but are not restricted to) loss or damage you might
suffer as a result of:

a. Reliance on the completeness, accuracy, suitability or currency of information,
products or services irrespective of any verifying measures taken by us (including third party
material and advertisements).
b. Failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or harmful
component, loss of data, communication line failure, unlawful third party conduct, or
theft, destruction, alteration or unauthorised access to records.
c. Accessing websites or servers maintained by other organisations through links on
our Site, KiwiBoss Community or Products or Services. Links are provided for
convenience only. We do not endorse linked websites nor their products and services
and you access them at your own risk.
d. The use of credit card or other financial information, failure to complete (or delay in
completing) any transaction, or other loss or damage arising from any transaction
made or attempted on our Site.

Your Indemnity

You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss
and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us
as a direct or indirect consequence of using or attempting to use our information, products,
services or any breach by you or your agents of these Terms. We are not responsible for,
and expressly disclaim all liability to the fullest extent permitted by law, for damages of any
kind arising out of use, reference to, or reliance on any information contained within our Site,
KiwiBoss Community or through use of our Products or Services.

Affiliate Disclosure

As affiliates of certain products and services we may receive compensation for
recommending and promoting products and services linked from this Site or via our
KiwiBoss Community.
No Assignment
You cannot transfer or assign access to our Products and Services without our prior written
consent.
We may assign or transfer our obligations under these Terms at any time, subject to giving
you four (4) weeks prior notice in writing.

Dispute Resolution

If a dispute arises between the parties in relation to these Terms, the dispute must be dealt
with in accordance with this clause and any party claiming that a dispute exists must notify
the other party to the dispute (Second Party) in writing of the nature of the dispute.
In the case of claims against us, all notices are to be provided to julia@kiwiboss.co.nz.
Any dispute or difference arising out of or in connection with this contract, or the subject
matter of this contract, including any question about its existence, validity or termination,
shall be referred to mediation in accordance with the Mediation Rules of the New Zealand
Dispute Resolution Centre. Where the Mediation Rules conflict with these Terms, these
Terms shall prevail.

Once a mediator is appointed, the parties agree that:

a. The costs of the mediator shall be borne equally between the disputing parties.
b. The chosen mediator shall determine the procedures for mediation.
c. The chosen mediator will not have the power or authority to make any other
determination in relation to the dispute.

If the parties have not mediated a resolution of the dispute within twenty (20) business days
of the selection of a mediator, neither party shall be obliged to continue any attempt at
mediation under this clause, and either party may then commence such legal proceedings
as it considers fit in relation to the dispute.

Nothing in this clause prevents a party from commencing proceedings seeking urgent
interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in
that party’s reasonable opinion, it is necessary to protect their rights.

Despite the existence of a dispute the parties must continue to comply with their obligations
under the contract.

This clause survives termination of these Terms.

Applicable Law

These Terms shall be construed in accordance with and governed by the laws of New
Zealand. You consent to the exclusive jurisdiction of the courts in New Zealand to determine
any matter or dispute which arises between us.

Your Feedback

We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall
treat any information you provide us with, as non-proprietary and non-confidential.

If you have questions or comments regarding this Site, the KiwiBoss Community, Our
Content or our Products or Services, please email us at julia@kiwiboss.co.nz.

Company Details
Trading Name: KiwiBoss Ltd
NZBN: 9429042224549 Country: New Zealand
Telephone Number: 0064 27 246 8890
Email: julia@kiwiboss.co.nz

APPENDIX

Community Guidelines

We want people to feel safe when using our groups and forums. For that reason, we’ve
developed a set of community guidelines, outlined below. These policies will help you
understand what type of sharing is allowed in our private groups and communities, and what
type of content may be reported to us and removed. Because of the diversity of our global
community, please keep in mind that something that may be disagreeable or disturbing to
you may not violate our community guidelines.

Keep it respectful
 Comments that are inappropriately negative, rude, or attacking will be deleted,
removed, or we will ask you to revise your thoughts. Everyone is here to learn and
grow, so anything violating that will be removed.

No pitching to the group
 We have a strict ‘no shopping for customers’ policy in our groups. This includes
pointing people to blog posts with your offers/affiliate offers and publicly asking
members to join your own Facebook groups or communities. Be cautious of
unsolicited private messages to group members. If we get multiple complaints that
you or someone else is using private messages to make unsolicited pitches to
members, you may be asked to leave. You should view the group as your peers, not
your leads.

No gated content
 Content posted in the groups cannot be used to harvest leads in any way. If you
need feedback or a review, post the direct PDF, document, or screenshot. Don’t
require people to opt-in to view.

Respect confidentiality
 Content gathered in our KiwiBoss Community groups cannot be collected,
repackaged, and/or shared outside the group. Every member of our communities has
a right to privacy and the right to feel safe that their questions, answers, and
experiences remain privy to group members only.

Keep it on topic
 We reserve the right to remove posts based on off-topic content or offensive content.
Partnering with other members
 Access to this group does not mean that KiwiBoss endorses anyone’s products or
services. Please be cautious and do your due diligence when partnering with anyone
in the group – don’t assume everyone is trustworthy.
Report posts that are breaking group policies
 Due to the large number of people in our groups and communities, it’s sometimes
difficult for us to catch everything. If you see a post that is questionable, please report
it, tag our community manager in the comments, or reach out to our community
manager directly via private message so our team can review them.

Breaking the rules
 If you are deemed to be breaking the rules of the group, KiwiBoss reserves the right
to remove you from the Facebook group that the offending behaviour has occurred
within.