DIVERSITY WORKS NEW ZEALAND AIM INSIGHTS TERMS
When you sign up for our Aotearoa Inclusivity Matrix AIM INSIGHTS services, these are the terms and conditions that will apply and that you agree to as part of our agreement with you. You will also be agreeing to our privacy policy, which is referred to below and is available here.
To help you understand these Terms, we have included a definitions section at the end.
1. SERVICES
1.1 AIM is an evidence-based framework developed specifically for New Zealand workplaces that allows organisations to identify the maturity of their diversity, equity and inclusion measures across seven components. It provides a basis for workplaces to understand their current capabilities, identify areas for improvement and create a roadmap for transformation.
1.2 AIM Insights includes the Services as described on our Website: https://diversityworksnz.org.nz/member-area/aim-insights/
1.3 AIM Insights Services are available to any organisation in New Zealand.
1.4 We will provide and perform the Services in accordance with these Terms and:
(a) in compliance with all applicable laws, regulations, codes of practice and professional standards;
(b) with reasonable skill and care;
(c) in accordance with good professional practice.
1.5 We do not guarantee the Services will be free from error.
1.6 We continually change and improve our Services. We will provide you with reasonable prior notice if we make a change to the Services resulting in an overall material decrease in functionality of the Services. If we do make a change that results in a material decrease in functionality, you may terminate your agreement with us.
2. FEES AND PAYMENTS
2.1 When you purchase our Services you must pay the fees in full, in accordance with the payment and pricing terms presented to you for the Services at the time of your purchase.
2.2 Payment of all fees must be paid prior to us providing the Services.
2.3 The fees for our Services vary based on the Service, your Membership Status, and your Membership Level.
2.4 You agree to keep your billing and billing contact information up to date and accurate.
3. DATA PROTECTION AND PRIVACY
3.1 The Privacy Policy available on our Website governs the use of any personal information you provide to us. By agreeing to these Terms, you agree to our Privacy Policy.
4. INTELLECTUAL PROPERTY
4.1 Unless otherwise specified, all Intellectual Property contained in, arising from, or referred to by our Services is owned by us. This Intellectual Property cannot be altered, copied, published, reposted, reproduced, or reused without our prior written consent.
4.2 As part of the Services, we will produce AIM Insights results. Clients are provided with a licence to use and share their AIM Insights results on the following basis:
(a) in relation to the Self-Assessment tool results, these can only be used for Client's internal purposes and should not be disclosed without our written authorisation; and
(b) in relation to the Qualified Assessment and Employee Perception Survey tool results, these can only be used for Client's internal purposes and should not be disclosed without our written authorisation. However, if the Client wishes to publish information about these results, then we will provide an executive summary on request of the Client.
4.3 None of our trade marks or logos can be used without our prior written consent.
5. OUR LIABILITY
5.1 To the fullest extent permitted by law, any statutory guarantees and implied terms, covenants and conditions are excluded and do not apply to the Services.
5.2 To the fullest extent permitted by law, in no event will we be liable (whether in contract, tort (including negligence), or otherwise) for loss arising directly or indirectly out of your use of our Services, even if we had been advised of the possibility of such damages, and even if such loss, damage, cost or expense was reasonably foreseeable by us to you for the following types of losses:
(a) loss of revenue or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss or corruption of data or wasted management or staff time; or
(b) loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature.
5.3 Our maximum liability to you arising out of any and all claims relating to your use of our Services (whether in contract, tort (including negligence) or otherwise) will not in any circumstances exceed the amount paid by you for the Services.
6. INDEMNITY
6.1 To the fullest extent permitted by applicable law, you will indemnify us and our affiliates, directors, officers and employees, agents, licensors, successors or assigns for all expenses (including reasonable legal fees, settlements, and judgments) incurred in connection with all claims (including lawsuits, administrative claims, regulatory actions, and other proceedings) arising out of or relating to any failure by you to comply with these Terms or our Privacy Policy.
7. RESOLUTION OF DISPUTES
7.1 If any differences or disputes arise between the parties, they shall use all reasonable endeavours to resolve them by discussions between themselves, and then escalating the issues through their respective management structures up to their chief executive officers if necessary.
8. GENERAL
8.1 We may amend these Terms from time to time. The current and binding Terms that apply to the purchase of our Services will be the version displayed on the Website at the time you place your order.
9. GOVERNING LAW
9.1 These Terms are governed by the laws of New Zealand.
10. DEFINITIONS
10.1 In these Terms, a reference to:
(a) Aotearoa Inclusivity Matrix or AIM means the overall framework developed by Diversity Works New Zealand that allows Clients to identify the maturity of the diversity, equity, and inclusion measures.
(b) AIM Insights means the suite of assessment tools which support the AIM framework to analyse the maturity of the diversity, equity, and inclusion measures.
(c) AIM Insights Employee Perception Survey means the survey completed by the Client's employees at large to determine their perceptions of diversity, equity, and inclusion in the Client's workplace.
(d) AIM Insights Qualified Assessment means the consultancy service in which a member of the Diversity Works New Zealand team supports and guides the Client to complete the survey, qualify the survey responses supplied by the AIM Insights Self-Assessment tool, and provide detailed analysis and recommendations to you.
(e) AIM Insights Self-Assessment means the survey completed by an Individual User on behalf of the Client which provides an overall assessment of the Client's level of the diversity, equity, and inclusion through an automated report.
(f) Client or you means the entity, organisation or individual agreeing to the Terms.
(g) Confidential Information means any information disclosed by either party which is confidential or commercially sensitive, is intended to remain confidential and is not publicly available, including information provided in connection with the Services.
(h) Individual User means individuals who complete AIM Insights surveys and assessments.
(i) Intellectual Property means any and all present and future intellectual property rights, including any registered and unregistered forms of copyright, designs, patents, trade marks, domain names, good will, and any Commercial Information. Intellectual Property also includes any application or right to apply for registrations of any of these rights, any rights protected or recognised under any laws throughout the world, related to these rights, and anything copied or derived from such property or rights.
(j) Key Contact means the individual representing the Client upon Membership sign up or a formal change request by a previous primary contact, who takes overall responsibility for the Services provided by Diversity Works New Zealand.
(k) Member means an organisation, entity, or individual which has [signed up to Diversity Works New Zealand's membership Programme].
(l) Membership Status means whether an Organisation has signed up as a Member and provided a Member donation.
(m) Membership Level means the category of Membership based on the size of an Organisation as determined by their number of employees.
(n) Services means the AIM Insights services provided by us to the Client, including use of the Aotearoa Inclusivity Matrix and the related tools and services.
(o) Terms means these terms and conditions.
(p) We, us, or our means the Equal Employment Opportunities Trust, Diversity Works New Zealand, or a related entity.
(q) Website means https://diversityworksnz.org.nz/
