Learner Agreement

    BETWEEN

  1. Joy Business Academy Limited a company incorporated and registered in New Zealand with company number 4173278 (Joy Business or we or our).
    Address: 79 St Georges Bay Rd, Parnell, Auckland 1052
    Email: james@joybusinessacademy.com
  2. You, being a person (you or Learner) who wishes to use the Joy Business services offered on our website located at www.joybusinessacademy.com (Platform).
  1. BACKGROUND

    1. Joy Business operates the Platform, which aims to help individuals such as you develop the skills and experiences that may be useful to help you find employment.
    2. Joy Business partners with other people (Partners), who provide Joy Business with information about current job opportunities they have (Job Opportunities). Joy Business, together with experts and content creators, develops education tools (Courses) to provide Learners with specific skills that are relevant to Job Opportunities.
  2. REGISTRATION PROCESS

    1. In order to use the Platform, you will need to register with us online.
    2. By registering with us, you will be able to access the Forum (defined in clause 4.2c), complete any Courses or apply for any Job Opportunities.
    3. While using the Platform, you will at all times be required to act punctually, constructively and courteously.
  3. YOUR ELIGIBILITY TO USE OUR SERVICES

    • We can refuse membership or cancel or suspend your membership at any time if we are concerned about any of the following:
    1. Whether you have been honest in all your information provision and dealings with us.
    2. Whether you are at least 16 years old.
    3. Your use of the Platform.
    4. The manner in which you engage with other Learners or Partners on or through the Platform.
    5. Anything relating to you that could prejudice our reputation or the reputation of the Partners, or which would be seen as in conflict with our values.
  4. COURSE PROCESS

    1. The Platform contains a summary of all of the Courses currently on offer to Learners, and a brief description of the content, learning objectives and the structure of each Course. If a Course is of interest to you, you can start the course by clicking the 'Get Started' button on the Courses page.
    2. Starting a course will grant you access to:

      1. educational content – both written and multi-media - to help you achieve the learning objectives of the Course;
      2. an online course as part of the learning;
      3. a forum, made up of other Learners that have started for the Course; the ability to connect with Learner Coaches; and
      4. Job opportunities that relate to the particular Course and that you are otherwise eligible to access.
    3. You can only commence a Course that has been added to your dashboard. You will have a specified period of time (which will be set out in the relevant Course details), to complete any Course from the date on which you commence that Course (Course Period). At the end of such Course Period the Course will be removed from your Dashboard if you have not completed it. You will receive a warning before any Course is removed from your Dashboard, giving you time to commence it.
  5. YOUR PARTICIPATION IN COURSES AND USE OF THE PLATFORM

    Learners on a Course may choose to engage in that Course's Forum, as described in clause 4.2c. You may only use that Forum and you may only engage with other Learners, Joy Business and our Partners for lawful and genuine purposes, and you must not post or disseminate any material unrelated to the Course, content that may reasonably be considered offensive to other users of the Platform, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets or any other intellectual property rights which you do not have the right to disclose). You hereby indemnify Joy Business, its directors, officers and employees from any loss they suffer as a result of your non-compliance with this clause.

  6. OWNERSHIP OF INFORMATION SHARED IN A FORUM OR OTHERWISE ON THE PLATFORM

    1. You own all of the content and information you post in the Forum or share on the Platform, and you can control how it is shared through your privacy settings. You should also read our Privacy Policy which describes how we will hold any personal information about you.
    2. For content that is covered by intellectual property rights, like videos or pitches (IP content), subject to your privacy settings, you grant Joy Business a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Forum or otherwise on the Platform (Licence).
  7. NO GUARANTEE OF EMPLOYMENT OR FUNDING

    1. Neither Joy Business nor any Partner gives any guarantee to you of the continued availability of any particular Job Opportunity and they will not be liable to you should a Job Opportunity be filled at any time prior to removal of the Job Opportunity from the Platform.
    2. Whilst Joy Business takes efforts to ensure that Job Opportunities are for actual job vacancies, it gives no guarantee to you that every Job Opportunity represents an actual job vacancy.
    3. In relation to Funding, we only act as an intermediary for the purposes of connecting the Funder with Learners and are not in any way offering funding of our own. The terms of any Funding will be strictly between you and the Funder.
    4. We do not make any representation on the appropriateness of any Funding, nor do we give any financial advice whatsoever.
    5. A notification that your pitch has been accepted does not indicate that employment or funding will be provided. Each Job Opportunity will have a series of additional internal and other human resource requirements (for example, interviews, background checks and reference checks) that will need to be satisfied prior to any Job Opportunities or Funding being formally offered.
  8. LIMITATION OF LIABILITY

    You agree that to the maximum extent permitted by law, Joy Business and its directors, officers and employees shall not in any way be liable to you in contract, tort, by statute or otherwise for any loss or damage of any nature arising from Joy Business' provision of the services to you. You undertake that you will not make any claim or exercise any other remedy (including set-off) against Joy Business or its directors, officers and employees relating to or arising directly or indirectly out of or in connection with our provision of the services to you except as expressly provided for in this agreement.

  9. VARIATION

    We may from time to time amend, supplement, vary, or replace (amend) the terms of this agreement provided that such amendment does not materially affect your existing rights whereupon you shall be deemed to have agreed to the amended terms. You agree that you shall have been sufficiently notified of any such amendment by publication on our Platform. The amended version of the agreement posted on the Platform shall govern. If you do not accept an amendment, please do not continue to use our services.

  10. FORCE MAJEURE

    Joy Business shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control (which shall include any delays caused or contributed to during the registration process outlined in this agreement).

  11. CONSUMER GUARANTEES ACT 1993

    Nothing in this agreement is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 except to the extent permitted by that Act (or to exclude liability arising under any other statute), if and to the extent that such liability cannot be lawfully excluded, and this agreement shall be modified to the extent necessary to give effect to that intention.

  12. GENERAL

    1. This agreement is effective once both parties have signed electronically.
    2. Any unlawful provision in this agreement will be severed, and the remaining provisions enforceable, but only if the severance does not materially affect the purpose of, or frustrate, this agreement.
    3. New Zealand law governs. New Zealand courts have non-exclusive jurisdiction.
    4. We are a New Zealand owned business, and do not deliver any goods. Our services will be delivered in accordance with this Agreement.