1. Introduction

Welcome to the FrankCapability website (Website). These terms and conditions explain the terms that apply to your use of this Website.

Please be aware that our Terms of Engagement also apply to any Capability Development Services that you use on our Website. There include important information about Capability Development Services, including information about our Intellectual Property Rights in Course Materials. If there is any consistency between our Terms of Engagement and these Website Terms, our Terms of Engagement will prevail.

If you would like to contact us in relation to Website Terms or our Website, please use the Contact details on our Website.

In these Website Terms our and we means FrankCapability Limited and you means any user of our Website (including our customers and their personnel that use our Capability Development Services).

2. Application

2.1 Access to and use of our Website is subject to:

(1.a) the terms and conditions set out and referred to below;
(1.b) any specific terms that are notified to you on our Website; and
(1.c) our Privacy Statement (available on our Website (Privacy Statement),
each as amended from time to time (together the Website Terms).

2.2 Please read the Website Terms carefully each time you visit our Website. By accessing and using our Website you are deemed to confirm that you have read, understood and agreed to be bound by these Website Terms. If you do not agree to any part of the Website Terms, you must not access, or must immediately stop accessing, our Website.

3. Updates

3.1 We may update these Website Terms (or any part of them) at any time by posting an updated version on our Website. The updated version of these Website Terms will take effect immediately upon such notice. If the changes are material, we may also take additional steps to bring the changes to your attention, including by notifying you directly. We will update you of any material changes as required by law. We may change the format, content and/or functionality of any part of our Website at any time.

4. Information provided on our Website

4.1 All information contained on our Website is only provided for general information purposes and, in respect of our courses, educational purposes. It is not intended to be a substitute for commercial judgement or professional advice and we do not guarantee that any information provided on our Website is accurate, complete, up to date or suitable for your intended use.

5. Security and accounts

5.1 Security of your information is very important to us. We will take reasonable technical and organisational precautions to protect our Website and information that we hold.  However, due to the inherent nature of the internet, we are not able to guarantee the security of our Website or any information that we hold or that you transmit to us.  You are responsible for taking your own measures to reduce the risk of viruses or other forms of interference with your computer system.

5.2 To access some functionality and materials on our Website you will need to create a FrankCapability account. We encourage you to use a “strong” password for your account (in accordance with the directions provided on our website when you create your membership account). You agree to notify us immediately in the event of any unauthorised use, or suspected unauthorised use of your password or account. However, you are entirely responsible for maintaining the confidentiality of your password and ensuring that you are the only person that uses your FrankCapability account.

6. Exclusion of our liability

6.1 To the extent permitted by law:

(a) our Website is provided on an “as is” and “as available” basis and any warranties, representations, conditions, undertakings and terms, whether express or implied, are expressly excluded; and
(b) in no event will we be liable under contract, tort (including negligence) or otherwise under or in connection with these Website Terms and/or your access to, use of, inability to use or reliance on our Website or any information contained in or accessed through our Website.

7. Third party websites

7.1 Our Website may provide links to other websites for your convenience and information. These websites are outside our control and the provision of a link to a third party website does not imply our agreement to or endorsement of any of the information contained on the third party website or otherwise imply any association with the third party. Third party websites may have different terms of use and Privacy Policies, which you should review before using the third party website.
7.2 If you link our Website to your website, you must remove the link at our request.

8. Intellectual property rights

8.1 We own or have obtained a valid licence to use all copyright, trademarks and other intellectual property rights used on our Website (and in all FrankCapability course materials that may be available from time to time via our website). All such intellectual property rights will remain solely with us and/or our licensors (as the case may be).
8.2 You may use FrankCapability course materials in accordance with our Terms of Engagement. Subject to the foregoing, other than a single copy for personal use, no part of our Website may be distributed, copied or incorporated in any document or publication, whether in hard copy, electronic or any other form.

9. General

9.1 Our Website, FrankCapability courses and other services are intended for use by (a) New Zealand residents and (b) residents in other jurisdictions where we have expressly agreed to provide these to you in another jurisdiction. It is important that we know if you are located in another country as you may be subject to other laws, including data protection laws.
9.2 These Website Terms are governed by and construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand. If you access our Website from outside New Zealand you are responsible for compliance with any applicable laws of that jurisdiction.
9.3 These Website Terms (and our Terms of Engagement) constitute the entire agreement between you and us relating to our Website and supersede any previous agreements and any other representations and understandings.
9.4 If any provision of these Website Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these Website Terms will otherwise remain in full force and effect. Our failure to exercise any right will not be deemed a waiver of that right or any other rights that we may have.
9.5 In these Terms (a) headings are for convenience only and do not affect interpretation; and (b) “including” (and similar expressions) will be construed as “including, without limitation”.

These Website Terms were last updated 11 May 2023.