Terms of Use

1. Welcome to Kite! We love it and we really hope you will too.

2. By accessing or otherwise using the App or Website you are deemed to have accepted these Terms of Use, which shall form a binding agreement between you, as a User, and us.

This is version 1.0 of these terms (Terms of Use) and became effective on 26th September 2018

In these Terms of Use:

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.

3. Privacy Policy

You should ensure that you read our Privacy Policy.

We will process all Personal Information according to our Privacy Policy.

4. Licence

4.1 We grant you a limited, non-exclusive, non-transferable licence to access and use the Services strictly in accordance with these Terms of Use.

4.2 You agree that your licence to use the Services is subject to you complying with these Terms of Use, including the payment of the applicable Fees.

5. Restrictions

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. Changes

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. Security

8.1 We will take all reasonable steps to ensure the security of the Services. Please see our Privacy Policy for more information about how we treat Personal Information.

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. Fees

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.

9.3 Apart from the Fees, Users will not incur any charges for using the Services in accordance with these Terms of Use. However, the Services may contain links to third-party websites which are operated and owned by independent providers or retailers. Such third-parties may charge for use of certain content or services provided on their website. Therefore, you should make appropriate inquiries before proceeding with any transaction with any third party to determine whether a charge will be incurred.

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. Confidentiality

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;

10.1.2 in accordance with our Privacy Policy;

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: hello@thekiteprogram.com

12. Indemnity

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:

12.1.1 breach of these Terms of Use (including, for the avoidance of doubt, the Privacy Policy);

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.

14.2 To the extent permissible at law the total liability of us for any loss arising from or in connection with these Terms of Use, the Services or its Content, will not in any circumstances exceed NZ$100 in aggregate. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

15. Cancellation

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.

16. Termination

16.1 We may suspend or terminate your Account at any time if we reasonably suspects you have breached these Terms of Use (including, for the avoidance of doubt, the Privacy Policy).

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.

18. General

18.1 These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts for any matter arising under or relating to these Terms of Use.

18.2 We may transfer, assign or sub-license its obligations under these Terms of Use and its rights and obligations without your consent.

18.3 If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that these Terms of Use shall otherwise remain in full effect.

19. Amendments

19.1 These Terms of Use may be amended or replaced from time to time, with or without prior notice to Users, by posting updated Terms of Use on the Website. Any updated Terms of Use become effective as soon as they are posted.

19.2 If updated Terms of Use constitute a material change to these Terms of Use, we will endeavour to post an announcement on the Website. Your continued use of the Services and/or Website following any amendment constitutes your acceptance of the updated Terms of Use.

19.3 If you do not agree to the updated Terms of Use you must cease to use the Services and cancel your Account.

20. Definitions

20.1 In these Terms of Use, the following terms have the following meanings:

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.

Privacy Policy means our privacy policy as updated from time to time and published on the Website.

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.

Privacy Policy

This is version 1.0 of our Privacy Policy and became effective on 26th September 2018.

Privacy is very important to us. This Privacy Policy explains what Personal Information we collect from you and what we do with this Personal Information and why we collect Personal Information. We do our best to treat your Personal Information as required by the New Zealand Privacy Act 1993 (Privacy Act) and the Regulation (EU) 2016/679 (GDPR).

We want to provide the best experience to you and welcome any feedback on this Privacy Policy. We welcome any feedback and you can send such feedback to hello@thekiteprogram.com.

KITE is a product of The KITE Program Limited. The KITE Program Limited is incorporated as a limited liability company in New Zealand.

1. Definitions

1.1 This Privacy Policy uses the same definitions as those outlined within clause 17 of our Terms of Use, found at www.thekiteprogram.com

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.

2.3 Please note that if we are unable to collect information in the manner outlined in this Privacy Policy, then the Services may suffer from reduced functionality, and you will not have access to certain features 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

3.1.2 we use cookies to collect the information described in clause 2.2. Cookies are small files stored in a browser-related file on your computer or device when you use the Services, and these help us to improve the user experience. You have the option to disable cookies by changing your browser settings.

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

5.1 We will not process your Personal Information, other than as outlined in this Privacy Policy, without having a lawful basis to do so.

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;

5.2.3 to enforce compliance with our Terms of Use;

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.

8.3 We use Google Analytics to collect information about use of our Website. Google Analytics collects information such as how often Users visit the Website, what pages they visit when they do so, and what other sites they used prior to coming to the site. Learn more about Google’s privacy policy at policies.google.com.

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. GDPR

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

13.1 If you wish to exercise your rights, you can do this by contacting us using the details provided at the beginning of this Privacy Policy. We may require you to provide verification of your identity.

14. Changes to this policy

14.1 We may update the Privacy Policy from time to time. The most current version will be published here. We will inform registered users about any material changes to this Privacy Policy via email or notification via the Website.

15. Governing law

15.1 This Privacy Policy is governed by New Zealand law. For more information about privacy issues in New Zealand and protecting your privacy, visit the New Zealand Privacy Commissioner's website at www.privacy.org.nz.