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Terms and Conditions

Terms and Conditions for access and usage of the website and web application of Crimson Consulting, Inc. Please read these Terms and Conditions carefully before using the website and web application. You should review these Terms and Conditions frequently as they may change at any time at our sole discretion.

Acceptance of Terms & Conditions

Welcome to the Crimson Consulting website and web application operated by Crimson Consulting. This website and and web application are online communication and information services provided by Crimson Consulting. Crimson Consulting provides these service to you, subject to the following Terms & Conditions, which may be updated from time to time. All such updates will be posted on the website and web application.

General Terms & Conditions

By accessing, browsing or using the website and web application, all users and viewers acknowledge acceptance of the Terms and Conditions contained herein. If you do not accept these Terms and Conditions, please do not use, view or access the website and web application. While Crimson Consulting does not have any actual knowledge of its users’ age, the website and its information is not directed towards children under the age of 13. Users who submit a form on the website which includes their email are agreeing to receive communications and marketing content from Crimson Consulting. A user can unsubscribe from this content at any time.

Content Linked to Crimson Consulting Website

Crimson Consulting may provide visitors to the website and web application with access to outside online resources, including various communication tools, online forums, and services offered through links. Crimson Consulting encourages you to exercise discretion while using or accessing these links. THE CONTENT IN ANY LINKED WEBSITE(S) IS NOT UNDER THE CONTROL OF Crimson Consulting AND Crimson Consulting IS NOT RESPONSIBLE FOR SUCH CONTENT. You acknowledge and agree that Crimson Consulting shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance upon any content, information, goods or services, available on or through any such third party site or resource. Links to outside entities shall not be considered to be an endorsement of Crimson Consulting or its services by such third party entity.

Posting Guidelines

The website and web application may from time to time, in the sole discretion of Crimson Consulting, allow visitors to post comments. No posting, messaging or other communication or forum service available or accessible from the Crimson Consulting website and web application shall be used in any manner inconsistent with the following guidelines:

  • No user shall post any content that may be unlawful, harmful, threatening, defamatory, abusive, harassing, tortious, vulgar, obscene, libelous, invasive of another person(s)’s privacy, offensive to another’s race, ethnicity, gender, sexual orientation, creed, religion, or otherwise objectionable.
  • No user shall impersonate any other person(s) or entity(ies); or falsely state or misrepresent his/her affiliation with any other person(s) or entity(ies).
  • No user shall disguise the origin of any content posted or transmitted through the website.
  • No user shall post any content that he/she does not have the right to make available under any law or under contractual or fiduciary obligations (such as inside information, and/or proprietary and confidential information).
  • No user shall post any information that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • No user shall post any material that may contain software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the website, or of any computer software, hardware or telecommunications equipment.
  • No user shall use the Crimson Consulting website to intentionally or unintentionally violate any local, state, national or international law, regulation, by-law or code.
  • No user shall use the Crimson Consulting website to harm any minors in any way.
  • No user shall use the Crimson Consulting website to collect or store personal data about other users.
  • No user shall use the Crimson Consulting website to solicit or promote themselves or any person(s) or entity(ies) other than Crimson Consulting, including but not limited to posting promotional materials, soliciting consumers or advertising.

By using the Crimson Consulting website and web application, you agree that the misuse of the website and web application is a serious violation that causes direct and material harm and damage to Crimson Consulting’s business, reputation, economic interests, and ability to provide services. You agree and acknowledge that Crimson Consulting and its designees, in their sole discretion, shall have the right (but not the obligation) to refuse or remove any content for any reason or no reason. You agree that Crimson Consulting or its designees, in their sole discretion, may delete any and all comments, disable the posting of comments function and/or terminate any user(s)’s access to the website or use of the services thereon, for any reason or no reason. You understand that all information, data, text, opinions, or other content posted or communicated through the Crimson Consulting website and web application, is the sole responsibility of the person posting the material, and not of Crimson Consulting. Crimson Consulting does not guarantee the accuracy, integrity or quality of any content posted or communicated by users of the website and web application. Under no circumstances shall Crimson Consulting be liable in any way for any content, including, but not limited to, any errors or omissions, in any content, or any loss or damage of any kind incurred as a result of the use of any content. The views and opinions expressed by or posted by any user of the Crimson Consulting website are not approved by Crimson Consulting and do not necessarily represent the policies, opinions or views of Crimson Consulting. By uploading or posting material on the website and web application, you agree that you are granting Crimson Consulting a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. You further represent and warrant that every submission to this Crimson Consulting website and web application is unencumbered by an exclusive license, an assignment agreement, is ˜work-for-hire,” or subject to any other proprietary arrangement that would prohibit you from publishing the material.

Intellectual Property

“Intellectual Property” means all materials, copyrights, trade marks, designs, patents and other legal interests recognized or protected as intellectual property under the jurisdiction of this Agreement.

The Client acknowledges that the work (including, but not limited to: essays, leadership projects, test results) is through the joint efforts of the Student and Crimson Education Consultants, and:

(a) the Student’s work (including, but not limited to: essays, leadership projects, test results) may be used for educational or promotional purposes with prior written consent from the Client;

(b) if the work includes the Student’s identity, the Student’s identity will not be disclosed by Crimson Education without prior written consent from the Client;

(c) the Client acknowledges that they cannot use any of the work produced by the Student through the provision of the Consulting Services for commercial purposes without the prior written consent of Crimson Education.

(d) Crimson Education acknowledges that it cannot use any of the work produced by the Student through the provision of Consulting Services for commercial purposes without the prior written consent of the Client.

(e) Both parties agree to not unreasonably withhold consent for use of these resources by the other party.

The Consultant and Client agree that Crimson Education is the exclusive owner of all the Intellectual Property rights in all documents, software and training programs and/or manuals or products in any way created or developed under or pursuant to this Agreement and/or provided by Crimson Education or any Consultant to the Client or the Student through or relating to the provision of the Consulting Services. Crimson Education grants a limited, non-exclusive license to the Student to use such Intellectual Property during the Term for the purposes of him or her obtaining the benefit of the provision of the Consulting Services but for no other purpose.

The Client and Student agree that they will hold all information which is not in the public domain, and which the Student or Client become aware of during the course of Crimson Education providing the Consulting Services, in confidence and will not share, reproduce, distribute or show any other person in whole or in part, any of the correspondence, resources or advice given by Crimson Education, without the consent of Crimson Education.

(a) For clarity, the confidential information includes but is not limited to:

(i) the terms (including fees payable by the Client) of this Agreement; and

(ii) all oral, written, visual, electronic and/or printed materials which are provided by Crimson Education and/or a Consultant to the Student or the Client, and which are not in the public domain.

Modification and Termination of Services

Crimson Consulting reserves the right at any time and from time to time to modify, suspend or discontinue any of the information or services provided on the website and web application, including the right to terminate the website and web application in its entirety, without notice. You agree that Crimson Consulting shall not be liable to you or to any third party for any modifications, suspension, discontinuation, or termination of any information or service on the website and web application.

Proprietary Rights

You acknowledge and agree that the website and web application content, look, feel and features as well as the information, services and any necessary software used in connection with the website and web application contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any and all content contained or provided through the website and web application is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise authorized by Crimson Consulting, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the services and information provided on the website and web application, in whole or in part, directly or indirectly. No portion of the Crimson Consulting website and web application, including but not limited to any information, photographs, marks, product descriptions and/or images, may be duplicated, redistributed or manipulated in any form, without the express written consent of Crimson Consulting. Any and all printouts or downloads of material contained on the Crimson Consulting website and web application must retain the proprietary notices and site address contained on the Crimson Consulting website and web application.

Disclaimer of Warranties

A. USE OF THE WEBSITE AND WEB APPLICATION, AND THE SERVICES, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. B. Crimson Consulting DOES NOT WARRANT THAT: (1) THE WEBSITE AND WEB APPLICATION OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE AND WEB APPLICATION, OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE AND WEB APPLICATION, OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE AND WEB APPLICATION, OR THE SERVICES WILL BE ACCURATE OR RELIABLE.Crimson Consulting DISCLAIMS ANY AND ALL WARRANTIES, TO THE EXTENT ALLOWABLE BY LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE AND COURSE OF DEALING. C. The website and web application is provided “AS IS” and Crimson Consulting assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any communications made through the Crimson Consulting website. Crimson Consulting reserves the right at any time and from time to time to modify or discontinue any service available through the website and web application with or without notice. Crimson Consulting further reserves the right to discontinue any participant(s)’s use or participation on the website, for any reason or for no reason.

Limitations on Liability

A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY Crimson Consulting OR ANY ACT OR FAILURE TO ACT BY Crimson Consulting, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE AND WEB APPLICATION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Crimson Consulting IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE AND WEB APPLICATION. B. IN NO EVENT SHALL Crimson Consulting BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE AND WEB APPLICATION, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Crimson Consulting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF Crimson Consulting IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY ALLEGED DAMAGES OR INJURIES THAT MAY ARISE FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO ALTERATION OF, OR USE OF ANY PERSONAL INFORMATION OR OTHER RECORDS. C. IN NO EVENT SHALL Crimson Consulting BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE AND WEB APPLICATION, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.

Indemnification

You hereby agree to indemnify and hold Crimson Consulting, its owners, officers, employees, agents and representatives, individually and collectively, harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the website and web application, or the services; or (B) any alleged breach of these terms and conditions by you. Choice of Law; Jurisdiction; Attorneys’ Fees You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. To the extent available under applicable laws, Crimson Consulting will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of this Agreement.

Miscellaneous

These terms and conditions constitute the entire agreement between the parties, and supersede all prior written or oral agreements or communications with respect to the subject matter herein. Crimson Consulting in its sole discretion may amend these Terms and Conditions, and your use of the website and web application after such amendment is posted on the website and web application will constitute acceptance of it by you. If any term in these Terms and Conditions is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in these Terms and Conditions are for convenience only and must not be given any legal import. By using the Website and web application, you signify your agreement to the terms of these Terms and Conditions. If you do not agree to the terms in these Terms and Conditions, you must not use the Website and web application. Crimson Consulting may change the terms of these Terms and Conditions at any time, and your use of the Website and web application after such changes are posted will mean that you accept them. If you have any questions or concerns, please contact us by e-mail at crimsonconsultingnz@gmail.com Crimson Consulting Level 3 115 Queen Street Auckland City