General Terms and Conditions & Privacy Policy

This is a contract between Innovantage Consulting Ltd (trading as LevelUp Works) and the user of LevelUp Works Portal SaaS. You are considered a user when you access any contents and therefore accept these terms.

1. The LevelUp Works Portal Service:

The “Service” includes:

  1. the Levelup Works list of Levels
  2. the website and web shop (including user profile pages)
  3. any learning content for you and your learners on LevelUp Works Portal
  4. any tracking and tracing database for the progress and results of your learners
  5. our built-in support, online help, and forum

Any new features added to or augmenting the Service are also subject to the Terms of Use.

2. Acceptance of terms

  1. LevelUp Works provides its Service to you through its website levelupworks.com.wonderbean.a2hosted.com/levels
  2. By accepting these terms or accessing levelupworks.com URLs, you acknowledge that you have read, understood and agreed to be bound by the following terms, and that all materials made or used by you on levelupworks.com are within your rights to make. If you are entering these terms on behalf of an employer or third party, you represent that you have authority to bind that entity to these terms. If you do not have such authority or do not agree to the terms and conditions, you cannot use the LevelUp Works Portal Service.
  3. You acknowledge that these terms constitute an agreement between LevelUp Works and you and that your digital signup or usage for the LevelUp Works Portal acts in place of a physically signed agreement.

3. Subscription terms and payment

  1. All LevelUp Works Portal subscriptions are named subscriptions. A single subscription can only be used by one person. A user is not allowed to share his account or account details with other people. Sharing of content can be done between named accounts via the collaboration features. Using a named LevelUp Works Portal subscription with more than one person will result in being charged for the extra user(s).
  2. All Plans are billed in advance and will auto-renew after exactly one year.
  3. If payment is not received by LevelUp Works in the initial auto-renewal process the customer will be notified via email. If the payment is not received the account will revert to the Free Plan (if available) or access will be revoked, and all paid functionality will be lost.
  4. Customers can upgrade their subscription to another Plan at any time. There are no refunds for downgrades or cancellations of accounts before the pre-paid period has expired. If the customer upgrades during their pre-paid period, the difference for the remaining days of their billing month will be charged pro-rata at time of upgrade. After that the customer will be charged the new price for each subsequent billing period.
  5. Customers can cancel their subscription once by emailing a written request to alan@levelupworks.com. Yearly plans can be cancelled upon 1 (one) month notice. As soon as the cancellation is realizsed, the user will be downgraded to the Free Plan (if available) or the access will be revoked and account removed if needed.
  6. LevelUp Works shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  7. LevelUp Works reserves the right to implement price changes with 30 day notice to the customer. Customers will be charged the agreed amount for the full length of their contract; after that the new price will take effect.

4. Free Plan specifics (when available)

  1. LevelUp Works reserves the right to terminate or modify the Free Plan Service at any time, without prior notification.
  2. The Free Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  3. LevelUp Works makes no claims that the Service will be uninterrupted or error-free and customers use the contents at their own risk.
  4. The Service will be unavailable each week between 7 AM Saturday and 9 AM Saturday NZT; this is our Planned maintenance window.

5. Paid Plan specifics

  1. For the Paid Plans LevelUp Works gives an uptime guarantee of 95%.
  2. The Service will be unavailable each week between 7 AM Saturday and 9 AM Saturday NZT; this is our Planned maintenance window.
  3. We guarantee a 95% uptime of the Service (excluding Planned maintenance) for all Paid Plans.

6. Support

  1. Paid Plan users have access to the online support and to the knowledge base LevelUp Works (when available).
  2. Paid Plan users can in addition to that attend trainings and/or webinars and extra support as specified in their contract.

7. General Conditions

  1. You agree, as a customer, not to license, resell, lease, transfer or distribute the Service to any third party person or organisation, unless otherwise agreed in writing from LevelUp Works.
  2. You agree, as a customer, not to use LevelUp Works Portal for unlawful purposes, such as infringing privacy, data ownership or intellectual property rights.
  3. You agree to act within anti-spam policy guidelines for your country and shall not use LevelUp Works Portal to transmit unsolicited mail.
  4. As a customer of LevelUp Works you acknowledge that LevelUp Works is the proprietor of the LevelUp Works Portal, and you do not have the right to adapt, hack, or reverse engineer the source code of the Portal.
  5. You are responsible for the data stored in your LevelUp Works account, and for all data, be it email, chat, social media messages or learning management system sent or published from your LevelUp Works account. LevelUp Works cannot take responsibility for any racist, libel or defamatory messages of any kind sent or published from your LevelUp Works Portal account, and you indemnify LevelUp Works from any damages relating to such an occurrence.
  6. You agree to keep your login information confidential, and to restrict each login to one person. You are not allowed to share a single (named) user account with other people.
  7. LevelUp Works reserves the right to cancel the account of a customer immediately, and without warning, if the customer infringes the above terms. If, at LevelUp Works’ sole discretion, we determine the customer has abused their access rights to the LevelUp Works Portal termination without warning will take effect immediately. LevelUp Works shall wherever possible seek to contact you in advance to notify of such actions and wherever possible, allow the customer a reasonable opportunity to remedy.
  8. You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
    1. Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
    2. Contains sexually explicit content or pornography;
    3. Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
    4. Exploits minors;
    5. Depicts unlawful acts or extreme violence;
    6. Depicts animal cruelty or extreme violence towards animals;
    7. Promotes fraudulent or dubious business schemes;
    8. Violates any law.

8. Data privacy & copyrights

In providing you the Service we shall maintain all administrative and technical safeguards to protect the security, confidentiality and integrity of your data.

9. Copyrights

a) LevelUp Works will only access your account upon your request for technical assistance. You will be asked to provide explicit consent each time an employee of LevelUp Works needs to access your account. No employee of Levelup Works will access your account without prior permission; unless required to do so by law and in such cases, where legally permissible, Levelup Works shall inform you

b) Intellectual property rights. LevelUp Works shall maintain all rights, title and interest in our respective patents, inventions, copyrights, trademarks, domain names, and any other intellectual property and/or proprietary rights. The rights granted to you to use the Service do not convey, by extension, any title to patents, inventions, copyrights, trademarks, domains name or any other intellectual property owned by LevelUp Works.

c) You are provided access to the Portal only for teaching and learning purposes. No content may be printed, reproduced, published or transmitted in any manner without the prior written consent of LevelUp Works.

d) Any feedback, enhancement suggestions or recommendations received from you can be incorporated into the LevelUp Works Portal Service: worldwide; royalty-free; in perpetuity; and to any other LevelUp Works product(s) by transfer. You cannot claim any rights to these incorporations, either now or in the future.

e) LevelUp Works has the option to track and trace the results of all users and their learners. These results will only be visible to you as the user and teacher, not to anyone else. LevelUp Works does have the right to analyse this data for general trends and figures, but not on a personal or customer level, unless that customer has approved or requested that.

10. Third parties

a) To deliver our Service to you, LevelUp Works may utilize third party services. Your acceptance of these services confirms your compliance with the terms and conditions of these third-party services. LevelUp Works is not responsible for, nor does it endorse, the governance of your rights by third party companies. LevelUp Works is not liable for any damage or loss attributed to, or connected to, your access or the uptime of a third party’s service.

11. Disclaimer of warranties

a) The Service, including the site and content, and all server and network components are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law for free users. For paid users there is an uptime guarantee and that the Service shall perform materially in accordance with the documentation and specification for the Service. LevelUp Works expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that LevelUp Works does not warrant that the Service will be uninterrupted. No information or advice obtained by you from LevelUp Works or through the Service shall create any warranty not expressly stated in these terms.

12. Limitation of liability

a) No consequential damages. Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either party to these terms, or such party’s affiliates or their respective officers, directors, employees, agents, suppliers or licensors be liable to the other party or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such party in connection with these terms or the Service, regardless of whether such party has been advised of the possibility of or could have foreseen such damages.

b) Limits on monetary damages. Notwithstanding anything to the contrary in these terms, LevelUp Works’ (including any of its affiliates) aggregate liability, for damages (monetary or otherwise) under these terms claimed by you or any third party arising from our Service, shall be limited to the lesser of (i) actual damages incurred, or (ii) 100% of the payments paid or payable by you for the Service during the twelve (12) months preceding the claim, or the duration of the current term. The parties acknowledge and agree that the essential purpose of this section 11 is to allocate the risks under these terms between the parties and limit their potential liability given the fees charged under this agreement, which would have been substantially higher if LevelUp Works were to assume any further liability other than as set forth herein. The parties have relied on these limitations in determining whether to enter into these terms.

13. Indemnification

a) You agree to defend, indemnify, and hold harmless LevelUp Works from and against any claims, actions or demands, including, , reasonable legal and professional Services fees, arising or resulting from Your breach of these Terms, or Your and Your end users’ access to, use, misuse or illegal use of the Service. LevelUp Works will provide You notice of any such claim, suit, or proceeding. LevelUp Works reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section, in which case you agree to cooperate with any reasonable requests to assist LevelUp Works defense of such matter.

14. Assignment; entire agreement; revisions

c) Giving prior written notice to the other Party, either party may assign or transfer these Terms, in whole or in part, without restriction, provided the assignee agree to be fully bound by these Terms. These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements expressly accepted and executed by both parties). We may amend these Terms from time to time, in which case the new Terms will supersede prior versions provided such changes to not materially reduce the services delivered to the customer. We will notify You of such changes and direct You to the latest version and, acting reasonable, if such changes result in You being materially adversely affected in your benefit of the Services then you shall have the right to Terminate, receiving a pro-rata refund for unused services.

15. Severability

a) The illegality, invalidity or unenforceability of any part of the Terms and Conditions will not affect the legality, validity or enforceability of the remainder.

16. Relationship of the parties

a) The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship among the parties.

17. Governing law and dispute resolution

a) These Terms and Conditions are governed by, and construed in accordance with the law in force in New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts for any proceedings in connection with these Terms and Conditions.

18. No Other Rights

a) No other rights or licenses are granted under this Agreement, by implication, estoppel, statute or otherwise, etc.