USE OF SITE
1. The DNA Project (2016) Limited (trading as The DNA Project) is a New Zealand registered company.

2. The DNA Project maintains this website (site) for information, sales and marketing, and communication purposes.  Site means The DNA Project website and online shop (if any) and includes any online account with The DNA Project and any means of electronic communication with The DNA Project, including but not limited to email.

3. Use of site subject to terms of use — Your use of the site is subject to these terms and conditions (terms of use) and all applicable laws.  By accessing, using, browsing, downloading from or uploading to the site, you accept, without limitation or qualification, these terms of use and The DNA Project’s Privacy Policy and agree to be bound by them.  If you wish to link to any part of the site from another website or communication platform, including but not limited to an email or social networking account or platform, you must first obtain The DNA Project’s written consent.

4. Attempt to change terms of use shall be null and void — You shall not alter or amend or supplement (including by addition or deletion or revision) any of these terms of use, whether or not by using a document that purports to be an agreement between you and The DNA Project.  Any attempt to do so shall be deemed to be null and void. 

5. Coaching is not counselling — Coaching is not counselling of any type (including but not limited to psychological counselling) or any type of therapy or any form of mediation between two or more people or any type of medical intervention and should not be construed as such.  You acknowledge and accept that you will not engage The DNA Project to provide counselling of any type (including but not limited to psychological counselling) or any type of therapy or any form of mediation between two or more people or any type of medical intervention.  Coaching may include mentoring or training or consulting.

INTELLECTUAL PROPERTY RIGHTS
6. Meaning of “materials”Materials includes but is not limited to the processes, techniques, presentations, methodologies, precedents, logos, trademarks, content, graphical representations, information, text, images, materials, writings, and audio and video used by The DNA Project in any coaching, activities, exercises, tasks, assignments, materials, sessions, packages, programmes, goods or services or otherwise, whether presented in print or electronic or any other format, and whether or not provided or included or appearing on or through the site.

6.1 Intellectual property rights — You have no right to and you must not at any time use or reproduce any of the materials in any manner, shape or form or store the materials in or introduce the materials into a retrieval system (except for your own personal use in relation only to coaching provided to you by The DNA Project pursuant to an agreement entered into in writing between you and The DNA Project or pursuant to an agreement entered into in writing between an agent acting for you or on your behalf and The DNA Project).  You have no right to and you must not at any time publish, package, report, advertise or transmit the materials in any manner, shape or form or by any means howsoever (including electronic, mechanical, photocopying, recording or otherwise) or upload or download the materials to a third party or to another website or communication platform (whether or not electronic and whether or not for social sharing or commentary or other purposes), or by way of trade or otherwise lend, gift, donate, sell, resell, hire out, auction, license, assign, transfer or otherwise circulate, distribute or disseminate the materials or use the materials in any manner or for any means personal, public, political, commercial, social, or for any other purpose whatsoever.  You shall ensure that none of your servants, agents, assigns, employees, successors, or any related legal entity, body or person, breach this clause.

6.2 Except where expressly attributed to another intellectual property holder or owner, all right, title and interest in the intellectual property of the materials shall, at all times, remain the exclusive property of The DNA Project and is protected by New Zealand and international law.  Nothing in these terms of use shall constitute any licence of intellectual property rights to you. 

6.3 Trademarks — The following trademarks and logos (trademarks) are trademarks of The DNA Project: “Do what you do best. Better.™”, “Dream. Nurture. Achieve.™”, “Success. Empowered.™”, “The DNA Individual™”, “The DNA Partnership™”, “The DNA Team™”, “The DNA Community™”, “The DNA Academy™”, “The DNA Key™”, “The DNA Incubator™”, “The DNA Accelerator™”, “The DNA Rocket™”, and “The DNA Designer™” and associated text, images and graphical representations, whether or not used in conjunction with the aforementioned words and whether or not containing the trademark symbol ™.  “The DNA Project®” and the “empowering success®” logos are registered trademarks of Trent Grace, used under license by The DNA Project.  Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right of use of any trademark of The DNA Project, whether or not used under license by The DNA Project, without the express written permission of The DNA Project.

6.4 You shall indemnify and keep The DNA Project indemnified in respect of any actions, proceedings, losses, liabilities, claims, damages, expenses, costs, delays or demands suffered or incurred or experienced or brought by The DNA Project in the event of your actual or anticipatory breach of any intellectual property rights (including but not limited to trademarks) of or asserted by The DNA Project.

INDEMNIFICATION
7. You agree that you will not hold The DNA Project responsible or liable for any actions, proceedings, losses, liabilities, claims, damages, expenses, costs, delays or demands suffered or incurred or experienced or brought by you or by any other person or entity as a direct, indirect, incidental or consequential result of or in connection with your use or misuse of the site or the content or material on or accessed through the site, whether or not as a result of any intentional or negligent act or omission by you or by any other person or entity howsoever arising or caused, including a violation of the rights of another user of the site or a breach of these terms of use, by you or anyone using your user details.  You shall indemnify and keep The DNA Project indemnified in the event of any such actions, proceedings, losses, liabilities, claims, damages, expenses, costs, delays or demands.

7.1 You shall indemnify and keep The DNA Project indemnified in the event of any actions, proceedings, losses, liabilities, claims, damages, expenses, costs, delays or demands suffered or incurred or experienced or brought by The DNA Project as a direct, indirect, incidental or consequential result of or in connection with your use or misuse of the site or the content or material on or accessed through the site, whether or not as a result of any intentional or negligent act or omission by you or by any other person or entity howsoever arising or caused, including a violation of the rights of another user of the site or a breach of these terms of use, by you or anyone using your user details.

ERRORS OR OMISSIONS AND CHANGES TO TERMS OF USE
8. Errors or omissions — While The DNA Project will endeavour to ensure that the information or content or materials provided or presented or represented or communicated to you in any form, including on or through but not limited to the site (information), is free from errors and omissions, The DNA Project does not warrant the accuracy or adequacy or completeness or currency or reliability or security or timeliness of that information.  The DNA Project shall not be responsible and shall not be liable for any error in or omission from that information whether or not The DNA Project is aware of the error or omission.  You are solely responsible for any actions you take in reliance on the content or material or information on or accessed through the site.

8.1 The DNA Project reserves the right at any time to correct all errors and omissions (whether clerical, computational or otherwise) in information and without notice.  The DNA Project may change the content or material or information or services described on the site at any time and without prior notice.

8.2 Changes to terms of use — The DNA Project reserves the right to change these terms of use at any time and without notice.  The terms of use as changed shall apply from the date of the change.  By continuing to use the site after any such change, you are deemed to have agreed to the amended terms of use.

CONFIDENTIALITY
9. Confidential material — As part of your use of the site, The DNA Project may need to obtain or become aware of your personal or business details or confidential material relating to you personally or your business.  Subject to The DNA Project's Privacy Policy, The DNA Project will endeavour to ensure that such information or material is not disclosed to any third party without your consent, except in circumstances as otherwise specified in The DNA Project's Privacy Policy or where required by law.  To the fullest extent permitted by law, The DNA Project shall not be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit, or loss or corruption of data arising out of The DNA Project’s need to obtain your personal or business details or confidential material relating to you personally or your business.

9.1 The DNA Project will respect your privacy and will seek written permission before disclosing that you are or have been a client.

9.2 All documentation and information relating to you will be held in accordance with the Privacy Act 1993 where required, except as expressly permitted by you in writing (which may be by email) or as required by law.

USE OF SITE AT OWN RISK
10. Security of information — You acknowledge and accept, without limitation or qualification, that your use of the site and the storage by The DNA Project of any information relating to you, whether in electronic, paper or any other format, is at your own risk. 

10.1 No liability — To the fullest extent permitted by law, The DNA Project shall not be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit, or loss or corruption of data:
a.  arising out of your access to, or use of, or inability to use or access the site or the content or material or information on or accessed through the site; or
b.  caused by any third party gaining unauthorized access to the site; or
c.  arising from the storage by The DNA Project of any information relating to you, whether in electronic, paper or any other format and whether or not any third party gains unauthorized access to that information so stored.

10.2 Computer viruses — The DNA Project shall not be responsible or liable for any damage to your computer or other electrical equipment or property (whether or not caused by any computer viruses, Trojan horses, worms, software bombs or similar that may infect your computer or other electrical equipment or property) by virtue of you accessing, using, browsing, downloading from or uploading to the site or receiving from or providing to The DNA Project communications or information or materials electronically (including by email) or transferring communications or information or materials provided by or obtained from The DNA Project from one device to another device, irrespective of the nature of those devices and whether or not The DNA Project had expressly authorized you to so transfer such communications or information or materials.

10.3 Links to other websites — While The DNA Project may provide links on the site to other websites, you acknowledge and accept, without limitation or qualification, that your linking to any other website is at your own risk.  The DNA Project is not responsible for any other website or the content of any other website to which you link.  Those other websites are not controlled by The DNA Project.  Such links are provided for your convenience only and do not imply that The DNA Project checks, endorses, approves or agrees with the third party websites it provides links to.

10.4 Problems with the site — The DNA Project shall not be responsible or liable for any errors or interruptions in accessing, using, browsing, downloading from or uploading to the site or the accuracy, completeness, currency, reliability, security or timeliness of any information or material or content in or on the site or communications of any nature made through or in relation to the site. 

10.5 Site user details — You shall not disclose and you shall be responsible for not disclosing to any other person or entity any user details that The DNA Project may provide or may have provided to you or that you have created or any other person or entity has created for you to access, use, browse, download from or upload to the site.  You shall be solely responsible for all activities, authorized or unauthorized, lawful or unlawful, which use or take place using your user details.  The DNA Project, without limitation or qualification, shall be entitled to proceed on the basis that any activities undertaken using your user details have been undertaken by you and with your authorization.  The DNA Project shall not be responsible and shall not be liable for any alterations made to your user details by another person or entity or for any loss, damage, expense or delay caused by any alterations made to your user details by another person or entity.

TERMINATION
11. Termination of access to site — If you have an account with, through or linked to the site, including a login, The DNA Project may terminate your account and access to it through the site or any other means at any time and without notice.  In the event of termination, you are no longer authorized by The DNA Project to access the account and any and all restrictions imposed on you under these terms of use and any disclaimers and limitations of liability will survive such termination subject to clause 12.1 below.

11.1 Where strict performance not required — A failure of or decision by The DNA Project not to insist upon strict performance of these terms of use shall not be deemed to be a waiver of any or all of The DNA Project’s rights, remedies, benefits, or interests.

GOVERNING LAW AND DISPUTE RESOLUTION
12. Governing law — These terms of use shall be governed by the laws of New Zealand.  You and The DNA Project submit, irrevocably and unconditionally, to the non-exclusive jurisdiction of the courts of New Zealand to hear and determine any dispute arising in relation to these terms of use. 

12.1 Severability — If any provision of these terms of use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in force and to full effect.

12.2 Dispute resolution — Any dispute arising out of or relating to these terms of use may be referred to mediation.  Mediation may be initiated by either you or The DNA Project writing (which may be by email) to the other party and clearly identifying the dispute which is being suggested for mediation.  The other party will either agree or not agree to proceed with mediation or agree or not agree to attend a preliminary meeting with the mediator to discuss whether mediation would be helpful in the circumstances.  If you and The DNA Project agree to mediation, you and The DNA Project will agree on a suitable person to act as mediator or will ask the Arbitrators’ and Mediators’ Institute of New Zealand Incorporated to appoint a suitable mediator.  The mediation will be in accordance with the Mediation Protocol of the Arbitrators’ and Mediators’ Institute of New Zealand Incorporated.

12.3 The mediation shall be terminated by:
a.  the signing of a settlement agreement by you and The DNA Project; or
b.  notice to you and The DNA Project by the mediator, after consultation with you and The DNA Project, to the effect that further efforts at mediation are no longer justified; or
c.  notice by you or The DNA Project to the mediator to the effect that further efforts at mediation are no longer justified; or
d.  the expiry of 60 working days from the mediator's appointment, unless you and The DNA Project expressly consent to an extension of this period.
12.4 If you and The DNA Project do not agree to mediation, or if mediation proceeds but is terminated as provided in paragraphs b, c or d of clause 12.3, any dispute or difference arising out of or in connection with these terms of use, including any question regarding their existence, validity or termination, shall be referred for determination to a court or tribunal of competent jurisdiction.