Terms and Conditions of Trade
All orders are processed on a pro forma basis. That is, unless specific, pre-arranged credit facilities exist, payment must be received prior to Profile Credits being added or goods dispatched. This can be transacted via our secure, on-line credit card facility, or by payment received via bank draft, telegraphic transfer, Internet banking or cheque. Cheques must be cleared by our bank in New Zealand before Profile Credits are added.
Refund / Cancellation Policy
Any orders processed, with payment received and Profile Credits added which are cancelled, in writing, within seven days of transaction date will be credited to the amount of unused credits, less any used profiles at the price prevailing for the used number of profiles. Refunds for physical products (e.g. books) will be issued upon receipt of returned goods in original condition.
All credits will be issued in the form in which they were received (e.g. credit card transactions will be refunded to the charged card).
Transfer of Profile Credits from one product to another, to an equivalent value, will be processed any time on receipt of a written request.
Goods for Physical Delivery
Access to CLS's Personal Assessment Software can be conducted entirely via this website, via on-line processing of the questionnaire and downloads in PDF format. Any local duty or taxes payable on products imported from New Zealand will be the responsibility of the purchaser.
Creative Learning Software Licensing Agreement
IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW.
Creative Learning Systems Limited ("CLS") grants to the Licensee the purchasing of this Software as a non-exclusive, non-transferable license to use the Software in accordance with this License. This License is not a sale. CREATIVE LEARNING SYSTEMS or CREATIVE LEARNING SYSTEMS's Licensors retain title to the Software and related documentation, if any. This License allows use of the Software and documentation only by one User. "User(s)" means one individual Licensee.
This License sets forth the terms and conditions governing the use of the Software and documentation. Licensee may not remove any proprietary notices, labels, or marks on the Software or its documentation. Licensee may not rent, lease or otherwise transfer the Software or its documentation. The Software contains copyrighted material, trade secrets and other proprietary material. Licensee shall not, without the prior written permission of CLS, nor permit anyone else to copy, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human perceivable form, or to modify, network, rent, lease, loan, distribute, or create derivative works based upon the Software or the documentation in whole or in part. Notwithstanding, if the Software is lawfully acquired outside of New Zealand within a jurisdiction of any other country, the Licensee agrees that within that jurisdiction it shall not, and shall not allow any party on Licensee's behalf, to attempt to reverse engineer or decompile the Software into another computer language, except as expressly and specifically provided by CLS. Any and all information obtained during such lawful reverse engineering and/or decompiling activities, including but not limited to, the organisation, logic, algorithms and processes of the Software, shall be deemed to be the confidential and proprietary information of CLS or its Licensors.
3. Disclaimer of Warranty.
Licensee expressly acknowledges and agrees that the use of the Software is at Licensee's sole risk. The Software, documentation, and technical support are provided "AS IS" and without warranty of any kind. Information regarding any third party services included in this package is provided as a convenience only, without warranty by CLS, and will be governed solely by the terms agreed upon between Licensee and the third party providing such services.
To the maximum extent permitted under applicable laws, CLS and CLS's licensors, (for the purposes of provision CLS and CLS's licensors shall be collectively referred to as CLS) expressly disclaim all warranties, expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. CLS does not warrant that the information contained in the software will meet licensee's requirements, or that the operation and/or delivery of the software will be uninterrupted or error-free, or that defects in the software will be corrected. Furthermore, CLS does not warrant or make any representations regarding the use or the results of the use of the software in terms of correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by CLS or its authorised representative shall create a warranty or in any way increases the scope of this warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply.
4. Limitation of Liability.
To the maximum extent permitted under applicable laws, under no circumstances, including negligence, shall CLS, its affiliates or their directors, officers, employees or agents, be liable for any incidental, special or consequential damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use or inability to use the software, even if CLS or its authorised representative has been advised of the possibility of such damages.
In no event shall CLS's total liability to a Licensee for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount paid by Licensee for the Software and any documentation.
5. No Waiver or Assignment.
No delay or failure to take action under this License will constitute a waiver unless expressly waived in writing, signed by a duly authorised representative of CLS, and no single waiver will constitute a continuing or subsequent waiver. This License may not be assigned, sublicensed or otherwise transferred by Licensee, by operation of law or otherwise, without CLS's prior written consent, provided that Licensee may assign this License upon written notice to CLS in instances in which such assignment is to an entity which acquires all or substantially all of the business of Licensee, whether by merger, consolidation, or acquisition of assets.
6. Controlling Law and Severability.
This License shall be governed by and construed in accordance with the laws of New Zealand, as applied to agreements entered into and to be performed entirely within New Zealand and other countries. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
7. Entire Agreement.
This License constitutes the entire agreement between the parties with respect to the use of the Software and its documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any additional or different terms or conditions proposed by a Licensee or contained in any purchase order are hereby rejected and shall be of no force and effect unless expressly agreed to in writing by CLS. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorised representative of CLS.