1. Welcome to Kite! We love it and we really hope you will too.
we, us and our means The Kite Program Limited (the provider of the Services), and
User or you means the person who uses the App and/or the Website, whether as the holder of an Account or otherwise.
All other capitalised terms not otherwise defined have the meaning given to them in clause 17.
5.1 You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell the Services or its Content. Additionally, you agree:
5.1.1 to use the Services and its Content for personal development purposes and not for any other purpose, including any commercial purpose;
5.1.2 not to use the Services or its Content for any illegal purpose;
5.1.3 to ensure that any information you provide in connection with your Account and general use of the Services is and will remain true, accurate and current, and that you will promptly notify us of any change in such information;
5.1.4 to keep your Account details and password strictly confidential and not share your Account password with any other person;
5.1.5 not to access, monitor or copy the Services or its Content using any robot, spider, scraper or other automated means or any manual process for any purpose;
5.1.6 not to violate the restrictions in any robot exclusion headers within the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
5.1.7 not to take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
5.1.8 not to deep-link to any part of the Services for any purpose;
5.1.9 not to "frame", "mirror" or otherwise incorporate any part of the Services; and
5.1.10 not to attempt to modify, translate, adapt, edit, decompile, disassemble, reverse engineer or undermine the security or integrity of any software programs used by us in connection with the Services.
6.1 You accept that the Services and its Content may evolve and change over time. We reserve the right at any time to modify, adapt, suspend or discontinue, whether temporarily or permanently, the Services and its Content (or any part of them) with or without notice to you. To the extent permissible at law, we will not be liable to you or to any third party for any modification, adaptation, suspension or discontinuance of the Services or its Content.
7. Disruption of Services
7.1 We will take all reasonable steps to ensure that the Services function as intended. However, you acknowledge that your access to the Services may be disrupted as a result of a malfunction, updating, maintenance or repair of the Services or for any other reason within or outside our control.
7.2 To the extent permissible at law, we shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Services. We will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Services.
7.3 You agree that use of the Services is at your own risk and that we do not warrant that the Services will meet your specific requirements, or that use of the Services will be uninterrupted, timely, secure, or error-free.
8.2 You shall be liable for all action taken by any person that has obtained access to your Account (whether they have authorised such access or otherwise) and agree to notify us immediately of any unauthorised use of your Account or other breach of privacy or security.
9.1 We offer all users a free trial of the App. The free trial will begin on the day that your Account is opened and it will end 7 days later. After the free trial ends you will no longer be able to use the Services unless you pay the associated Fees.
9.2 If you download the App and wish to continue to use the Services after the free trial ends, then you agree to pay the associated Fees. You will be prompted, within the App. to make this purchase after the free trial ends.
9.4 Where we providedetails of a third party’s charges on the Services, such information is provided for the purpose of convenience. We in no way guarantee that this information is correct nor are we in anyway responsible for content or services provided on such third party websites.
10.1 We will treat Personal Information as confidential information, and will make every reasonable effort to keep confidential information confidential and secure. We will not disclose your confidential information except:
10.1.1 to our personnel and any service provider that we work with where necessary to operate the Services;
10.1.3 if required or permitted by law; or
10.1.4 where you otherwise give us permission to do so.
10.2 Nevertheless, because internet transmissions cannot be guaranteed to be 100% secure in all aspects (including in relation to unauthorised use and disclosure of Personal Information), you acknowledge and agree that you use this Services at your own risk, and you should only proceed to use the Services if you accept this condition.
10.3 You must not share another person’s Personal Information without that person’s explicit permission.
11. Intellectual Property Rights
11.1 You agree that we own (or have obtained to rights to use) all Intellectual Property Rights associated with the Services and its Content.
11.2 Copying, transmission, reproduction, replication, posting or redistribution of the Services or its Content (or any part of them), is strictly prohibited without our prior written consent. To request permission, you may contact us at: email@example.com
12.1 You agree to indemnify, and keep indemnified, us, our affiliated companies and our respective directors, officers, employees, agents, representatives, contractors, licensees and successors against any and all liabilities, costs (including legal fees), claims, demands or damages incurred or suffered from the use of the Services, including (without limitation) as a result of any:
12.1.2 use of the Services and its Content; or
12.1.3 violation of any Intellectual Property Rights or other rights of a third party,
13. by you or any person using your Account or username and password (whether with or without your permission).
14. Limitation of liability
14.1 In no event or circumstances shall we be liable to any person, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business, whether caused by any User, us, our employees, agents or any other persons acting on its behalf.
15.1 You may request the cancellation of your Account at any time by following the prompts within the Services. Termination does not entitle you to any refund of any payments made by you to us unless required by law.
17. Use of third parties
17.1 You agree that we may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services and store and manage its Content.
Account means an account within the App controlled by a User enabling them to use the Services.
App means the personal development service provided by us, and unless the context requires otherwise includes all such applications we provide (including, without limitation any application provided through the Website).
Content means any content or materials including (but not limited to) still or moving images, videos, sound recordings or other audio-visual materials, artistic works, written works as well as the infrastructure used to provide such content.
Fees means the fee payable to download (and subsequently use) the App, as detailed in any online store where the App may be downloaded from.
Intellectual Property Rights means any intellectual property rights in existence now or coming into existence in the future anywhere in the world and includes (but is not limited to) rights in respect of copyright, trade marks (whether registered or unregistered), inventions, patents, designs (whether registered or unregistered), confidential information and know how.
Personal Information means any information relating to an identified or identifiable individual.
Services means the App and the Website, collectively and separately and where the context permits includes any related services.
Website means the website at [www.thekiteprogram.com], including parts or features of that website that can be used or accessed without requiring registration or logging into the App.
KITE is a product of The KITE Program Limited. The KITE Program Limited is incorporated as a limited liability company in New Zealand.
2. What information we collect
2.1 We collect Personal Information including:
2.1.1 your name;
2.1.2 your contact details (including email address); and
2.1.3 some basic information about your personal circumstances (such as your age, age of your children, and the industry you work in) to help us provide the best possible Service and relevant Content to you.
2.2 Upon accessing the Services, your browser and/or device transmits certain information. This information is saved in log files and includes:
2.2.1 operating system, information about your device or web browser;
2.2.2 URL of previously visited web page;
2.2.3 IP-address and date and time of access; and
2.2.4 information related to the use of the Services.
3. How we collect information
3.1 We collect Personal Information in two (2) ways:
3.1.1 the Personal Information described in clause 2.1 is collected when you create an Account, or otherwise when you provide your Personal Information directly to us; and
4. Where we store information
4.1 The security of your Personal Information is important to us. We follow generally accepted standards to protect the Personal Information submitted to us, both during transmission and once it is received.
4.2 Personal Information may be transferred and securely stored on servers outside of New Zealand. All Personal Information that we store on servers located outside of New Zealand will remain in our effective control at all times.
4.3 In addition, our employees and the contractors who provide services related to our information systems are contractually obliged to respect the confidentiality of any Personal Information we hold.
5. What we do with the information we collect
5.2 We process Personal Information:
5.2.1 to provide and tailor the Services;
5.2.2 to identify you when you sign-in to your Account and verify that your Account is not being used by others;
5.2.4 to process payments from you; and
5.2.5 to comply with laws,
6. and such processing is necessary for the performance of the contract between you and us.
6.1 We process Personal Information:
6.1.1 to analyse usage of the Services, or carry out research and analysis, so we can improve the Services; and
6.1.2 to personalise the Services for Users,
7. and such processing is necessary for the purposes of a legitimate interest pursued by us, and we have assessed that our interests are not overridden by the interests or fundamental rights and freedoms of the person to whom the Personal Information relates.
7.1 We also process Personal Information to communicate with you in relation to the Services from time to time, including to respond to your contact request and any related communication. You can unsubscribe from any communications from us by contacting us as directed in any such communications.
8. Third party services
8.1 We use third party services for providing a better experience for Users and for improving our Services. In the process of doing so, the third party service provider may have access to Personal Information as described below. However, third parties do not have the right to use the Personal Information for their own use.
8.2 We use a third party provider to:
8.2.1 send newsletters and updates about the Services. Using such a third party provider requires that we upload your contact details such as an email address to their server. You can always unsubscribe by following the directions within the Services; and
8.2.2 send emails when you use the Services, such as when you activate your account or reset your password. Using such a third party provider requires that we upload your contact details such as an email address to their server.
8.4 We may also share anonymous aggregated information, such that no person is identified or identifiable within the information, with other third parties, including service providers, our affiliates, agents and current and prospective business partners.
9. Retention of information
9.1 We will delete your Personal Information once:
9.1.1 the purpose for collection of that information is no longer relevant; and
9.1.1 we are no longer required to comply with any legal obligation that necessitates the retention of that information.
9.2 Despite 7.1, we may retain a copy of Personal Information (in a static form, not accessible online) for archival purposes only.
10. Your rights
11. Privacy Act 1993 (NZ)
11.1 AS we are a New Zealand based company, you have the right under the Privacy Act 1993 (NZ) to access and/or correct your Personal Information held by us.
11.2 Please note that in certain circumstances we may withhold access to your information where we have the right to do so under the Privacy Act, for example, where disclosing the information may reveal the identity of a third party.
12.1 If you are an EU based person you have the right, under the GDPR, to:
12.1.1 access and correct your Personal Information;
12.1.2 in certain circumstances, have your Personal Information erased;
12.1.3 restrict the processing of your Personal Information;
12.1.4 move, copy or transfer your Personal Information easily for your own purposes across different services in a safe and secure way; and
12.1.5 object to processing where we rely on our legitimate interests as the lawful basis for processing.
12.2 Please note that in certain circumstances we may refuse to respond to a rights request where it we have the right to do so under the GDPR, for example, where a request is manifestly unfounded or excessive.
13. Exercising your rights
14. Changes to this policy
15. Governing law