Nicky Foster

These terms and conditions (the "Terms and Conditions") govern the use of promanapeople.com ("Promana"). Promana is owned and operated by Technologies Behind Coaches Ltd, a Company registered in New Zealand (NZBN 9429048977180).

Promana offers behavioural assessments, website hosting and no-cde site builder tools, access to coaching professionals and their content, courses, and, interpersonal and enterprise networking services.

By using Promana, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Acceptable Use

As a user of Promana, you agree to use Promana legally, not to use Promana for illegal purposes, and not to:

• Harass or mistreat other users of Promana;
• Violate the rights of other users of Promana;
• Violate the intellectual property rights of Promana' owners or any third party to Promana;
• Upload, post, transmit, or otherwise make available any data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
• Upload or transmit images that depict nudity, weapons, violence or drugs;
• Impersonate or misrepresent your relationship with any person or entity;
• Upload or transmit data that you do not have a right to make available, or that infringes the proprietary rights of any party;
• Hack into the account of another user of Promana; or
• Act in any way that could be considered fraudulent.

If we believe you are using Promana illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to Promana. We also reserve the right to take any legal steps necessary to prevent you from accessing Promana.

You represent and warrant that:

1. you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Promana Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Promana Terms;
2. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
3. you understand that Promana does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

Regarding your User Content:

1. you confirm you own all rights in and to any content uploaded, developed or provided by you, or imported, connected, copied or uploaded by Promana Services for you, to your Member-Generated Products (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, connect, develop, publish, transfer or license such User Content, by you and us or any of our affiliates;
2. you have (and will maintain) the full power, title, licenses, consents and authority to allow Promana to access any websites, web pages and/or other online services, for the purpose of importing, exporting, copying, displaying, uploading, publishing, transmitting and/or otherwise using your User Content.
3. the User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use, in the country in which you or your Member-Generated Products’ visitors and users (“End Users”) reside, or for Promana and/or your End Users to access, import, export, copy, upload, publish, post, store, use or possess in connection with Promana services;
4. you have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
5. you will comply with and adhere to Promana's Content Guidelines, which outline the permissible and prohibited Content on our service.

Your intellectual property

As between Promana and you, you shall own all intellectual property pertaining to your User Content and to any other materials created, developed, or connected to Promana services by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text and literary works. Promana does not claim ownership rights on your User Content or the content you connected to the Promana services. You know and agree that in order to provide the Services to you and to maintain and improve the Services (the “Purpose”) we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to train our software tools (e.g. artificial intelligence and machine learning models), to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for the Purpose.

Promana's intellectual property

All rights, title and interest in and to the Promana site, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code, HTML, applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Promana site, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Promana.

Subject to your full compliance with these Terms and timely payment of all applicable Fees, Promana hereby grants you, upon creating your Member Account and for as long as Promana wishes to provide you with the Promana services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Promana Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Promana Terms, and solely within the Promana Services.

These Terms do not convey any right or interest in or to Promana’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Promana Terms constitutes an assignment or waiver of Promana’s Intellectual Property rights under any law.

These Terms and Conditions govern the sale of goods and services available on our Site.

The following goods are available on our Site:

• Behavioural Assessments
• Courses
• Subscriptions

The following Services are available on our Site:

• API access
• Transformational Coaching, for example
• Mindfullness Coaching
• C-Suite Coaching
• Management consultancy, for example
• Workshops
• Seminars
• Facilitation
• Interpersonal Networking

Goods and services will be paid for in full when the services are ordered unless by prior written arrangement.

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

If you elect to operate your own application and connect it with the Promana, you consent to your data held on the Promana being shared with your application.

You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API.

Abuse or excessively frequent requests to the Promana via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.

If you have a subscription with us, your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.

To cancel your subscription, please follow these steps:

1. Log in to your PromanaPeople account
2. Navigate to My Account
3. Choose **Cancel subscription**

We offer the following free trial of our goods and services:

• One free bahavioural assessment
• Scheduling
• Sitebuilder
• Lead Generation
• Client Management
• Invoicing

We accept the following payment methods on our Site:

• Credit or debit card
• Invoice (by arrangement)

Refunds for Goods

All goods (for exanmple, assessments and courses) sold on our Site are non-refundable.

We do not provide refunds for services.

To the extent that Promana offer an Affiliate marketing program, you may opt in to become a marketing affiliate. If you do opt in, you agree that you are not entering into an employment agreement with the Company or Promana. You agree that you are responsible for your own tax affairs in your own tax jurisdiction and you expressly indemnify the Company against any claims by your tax authority and against any tax obligations you incur in relation to your business activities.

Where the Consumer Guarantees Act 1993, the Contract and Commercial Law Act 2017, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Technologies Behind Coaches Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Except where prohibited by law, by using this Site you indemnify and hold harmless Technologies Behind Coaches Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

These Terms and Conditions are governed by the laws of New Zealand.

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Please contact us if you have any questions or concerns. Our contact details are as follows:

22nd day of August, 2021

This Privacy Statement sets out the data practices of promanapeople.com ("Promana People" or "Promana"). Promana People is owned and operated by Technologies Behind Coaches Ltd, a Company registered in New Zealand (NZBN 9429048977180).

Promana People offers behavioural assessments, website hosting and associated tools, a professional directory, courses, scheduling tools, billing tools, and, interpersonal and enterprise networking services.

As a committed Privacy First service, Promana People chooses to treat your data with the same level of respect and protection afforded to people in the European Union by its General Data Protection Regulation ("GDPR"). Although we are not based in the European Union, we believe that the GDPR offers a higher standard or personal data protections and that all other data jurisdictions' rules fall within the high standards set by the GDPR.

1. You have the right to have us erase your data
2. You have the right to a copy of your data in a portable format
3. We store only the data we absolutely need to, in order to provide our service to you
4. Wherever your behavioural assessment data is about you and initiated by you, you are in control of the rights for others to gain access to your personally identifiable assessment results
5. We own the anonymised versions of all assessment results

Joining

When you join Promana People we collect your first and last name, your email address and your consent to our terms. We store your data securely in industry-leading cloud computing environments, using industry best practices.

Personal use

When you complete an assessment, we store the responses you make during completion of each surveys and we store your IP address while you are being assessed (to confirm your geo-location for future anonymised statistical purposes). We store the results of your assessments in anonymised form and we store your relationship to that data set. Specifically, we treat you as a Joint Data Controller when it comes to the control of the data that links you to your results.

If at any time you don't wish to be associated with the results of your assessments, you control the severance of that link. Likewise, if you are asked to respond to a third party who may wish you to complete one of our assessments for their own purposes, if that assessment is about you then you and we are the Joint Controllers of the link between you and that third party.

Therefore should you wish to sever the link between your assessment and the third party, you can, and this will leave you as the "owner" of the data you created (after all, it's all about you) and the third party with access only to the anonymised version of that data.

To sever the link between yourself and Promana's access to your data, you need to close your account, as we need that link to remain in force in order to legitimately provide our service to you.

We are the Data Controller for all other data except the data linking you to your assessment results.

Teams and organisations

When you use Promana People to create a team and to manage your team data, you are the Data Controller when you generate invitations for your colleagues to join the platform. Promana People is the Data Processor during the invitation phase. The invitee is the Data Subject.

Once an invitee accepts their invitation, their acceptance changes that relationship and they become both a Data Subject and (together with Promana People) the Joint Data Controller of the right to expose any link between their results and assessments your request to have then share it with you. You are the Data Controller of the other aspects of your administration of the Team elements of our service. Promana People is your Data Processor for those purposes.

Subject access

You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us.