Terms and Conditions for Workshop
Last Updated: 10 August 2023
Founded in 2022, Paparahi is a business support service offering Workshop Sessions in the field of Business Development. We will endeavor to operate in a fair and reasonable manner at all times. It is, however, important to have certain contractual aspects agreed to in order to protect both Parties. By undertaking Workshop Sessions you are agreeing to the following Terms and Conditions.
RESPONSIBILITIES AND OBLIGATIONS
a) It is your responsibility to be prepared, punctual and focused for the Workshop Sessions to ensure the best outcomes are achieved.
b) The Workshop Sessions are only effective if you are ready and open to practise new skills, spend time reflecting and completing agreed upon homework.
WORKSHOP SESSIONS
a) Workshop Sessions will be the same length in duration and are conducted over the internet (via Google Meets) and in person.
b) You have agreed to attend all Workshop Sessions. In the event that you are unable to attend the first two (2) Workshop Sessions, the last two (2) Workshop Sessions will be Forfeited.
c) We appreciate being late at times that are outside of your control. In this situation you must contact the facilitator to let them know.
d) Without the express written permission from Paparahi, the Client shall not:
a) record the Workshop Sessions in anyway; reproduce, scan or copy, alter, modify, translate (in each case, whether in whole or in part) the Workshop Materials except for the sole purpose of completing the Workshop Service; or permit the Workshop Materials (whether in whole or in part) to be reproduced, scanned, copied, combined with or become incorporated into any other materials.
SERVICE DELIVERY
a) You acknowledge that electronic Services are subject to interruption and breakdown, and all non-electronic Services are subject to disruption, and therefore:
a) the Services will not be error-free or uninterrupted; and your access to the Service and the operation of the Service will not be error-free or uninterrupted.
LIMITATION OF LIABILITY
a) To the fullest extent permissible by law, Paparahi is not liable (whether in contract or tort) for:
a) faults or defects in any Services or goods provided by third parties in connection with this Agreement; or
b) any indirect, special or consequential loss (including loss or corruption of data, loss of profits, revenue, goodwill, anticipated savings and business interruption) however arising, whether or not Paparahi knew of the possibility of such loss and whether or not such loss was foreseeable.
b) Paparahi will not be liable for any act or omission if, and to the extent that, it arises due to a reason beyond its reasonable control including without limitation strikes, lockouts, fire, theft, vandalism, natural disaster, act of God, pandemic or epidemic.
INDEMNITY
a) You indemnify, defend and hold harmless Paparahi in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on full indemnity basis), in connection with any of the following:
b) any breach of this Agreement; your negligent acts or omissions; or your use of the Services, including any third party claims made in connection with or arising out of the Clients use of the Service, other than use in accordance with this Agreement.
c) The information provided by Paparahi does not, and is not intended to, constitute legal advice; instead, all information, content, and materials provided by Paparahi are for general informational purposes only.
INTELLECTUAL PROPERTY
a) All intellectual property rights in or arising out of or in connection with the Services, including any associated Workshop Materials shall remain the property of Paparahi or its licensor.
b) Paparahi grants the Client a perpetual, non-exclusive, non-transferable royalty-free license to use the Workshop Materials solely for the purpose of receiving the Services.
c) The Client shall not, and shall ensure that the client(s) does not, in respect of the Workshop Materials:
a) commercially exploit it; sublicense it to any third party; or use it for the benefit of any other persons.
d) As between the Parties, you shall own all right, title and interest in and to all of your data.
e) For purposes of this clause 6, “intellectual property rights” means patents, trademarks, trade names, design rights, copyright, confidential information, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for the grant of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which shall subsist anywhere in the world.
CONFIDENTIALITY
a) Each Party agrees to keep confidential, and not to use or disclose except as permitted by these Terms and Conditions, any Confidential Information of the other Party and any other Party participating in the Workshop Sessions. This obligation of confidence extends to Confidential Information obtained by a Party before entering into this Agreement.
b) We will not:
a) disclose to any third party any details regarding your organisation including, without limitation, any information regarding any of your stakeholder information, strategic plans, classified documentation, or Confidential Information; or make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by you; or
b) use Confidential Information other than solely for your benefit.
c) The obligation of confidence in paragraph (a) does not apply to Confidential Information to the extent that is required to be disclosed by law.
d) Each Party must take all steps and do all such things as may be necessary, prudent or desirable in order to safeguard the confidentiality of the Confidential Information of the other Party and any other Party participating in the Workshop Sessions. .
DISPUTE RESOLUTION
a) No party to this agreement shall commence any court or arbitration proceedings relating to any dispute arising out of this agreement (including any dispute as to the validity, breach or termination of this agreement or as to any claim in tort, in equity or pursuant to any statute) unless that party has complied with the following paragraphs of this clause.
b) Negotiation: In the event of a dispute, the parties agree to work towards a resolution through good faith negotiation.
c) Mediation/Arbitration: If negotiation is unsuccessful either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
d) Litigation: If litigation is necessary, this Agreement will be interpreted based on the laws of New Zealand, regardless of any conflict of law issues that may arise. The parties agree that the dispute will be resolved at a court of competent jurisdiction in New Zealand.
e) Attorney’s Fees: The prevailing party, or “winner” as non-lawyers call it, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.
INTERPRETATION
In this Agreement:
a reference to ‘this Agreement’ means these Terms and Conditions;
the singular includes the plural and the plural include the singular;
words of any gender include all genders;
an expression importing a person includes any company, partnership, joint venture, association, corporation or other body corporate and any government agency as well as an individual;
a reference to any legislation includes all delegated legislation made under it, and amendments, consolidations, replacements or re-enactments of any of them;
a reference to a party to a document includes that party's successors and permitted assignees.
TERMINOLOGY
Workshop Series refers to the total of 4 Workshop Sessions.
Workshop Sessions refers to one-to-many sessions held between us, you and other participants.
Workshop Materials refers to any materials or documents provided or loaned by Paparahi to you, and includes both hard copies, soft copies and downloadable soft copy materials.
Claim means a demand, action or proceeding of any nature whether actual or threatened.
Client, you or your means, the one who will be receiving the Service and participating in the Workshop Series.
Forfeited means you will lose the right to Workshop Sessions.
Paparahi, we or us means, Paparahi the company who will be providing you with the Services.
Intellectual Property Rights includes: copyright, patents, trademarks, registered designs.
Loss means any liability, cost, expense, loss, personal injury, death or damage, amounts payable on the Claim and legal costs and disbursements on a full indemnity basis.
Services means the work we provide to you.
Start Date means the date we will begin providing our Services to you.
Worksheets refers to Workshop Material that will be supplied by us to you to deliver our Services.