Welcome to The Holistic Performance Institute
These Terms and Conditions (the "Terms") govern your use of The Holistic Performance Institute's website, online campus, and all associated learning programs and materials (collectively, the "Services").
The Holistic Performance Institute is operated by:
Holistic Performance Limited
T/A The Holistic Performance Institute
C/O SuperBold 35 Dockside Lane, Auckland CBD, Auckland 1010
New Zealand
Email: [email protected]
Phone: +64 22 463 9697
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must not use our Services.
These Terms should be read in conjunction with our Privacy Policy, which outlines how we collect, use, and protect your personal information.
1. Definitions
The following terminology applies to these Terms and Conditions, our Privacy Policy, and any other agreements:
- "Client," "You," "Your": Refers to you, the individual accessing and using our Services and accepting these Terms.
- "The Institute," "Our," "We," "Us": Refers to Holistic Performance Limited T/A The Holistic Performance Institute.
- "Party," "Parties": Refers to both the Client and The Institute, or either one individually.
- "Services": Encompasses our website, online campus, learning programs (courses, bundles, workshops), and all associated educational materials, content, and support.
- "Course": Refers to any specific learning program offered by The Institute that has a defined start/end or access period, typically leading to a qualification or certificate.
- "Subscription": Refers to an ongoing, recurring payment for access to specific services, resources, or content that is typically renewed periodically (e.g., monthly, annually) and does not represent a specific, fixed-duration "Course."
All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client, for the express purpose of meeting the Client's needs in respect of the provision of The Institute's stated Services, in accordance with and subject to the prevailing laws of New Zealand.
2. Cookies
We use cookies to enhance your experience on our website. By continuing to use our Services, you consent to the use of cookies in accordance with our Privacy Policy.
Cookies are used to enable certain functionalities of our site and to improve user convenience. Some of our third-party service providers and advertising partners may also use cookies.
3. Intellectual Property Rights
Unless otherwise explicitly stated, The Holistic Performance Institute and/or its licensors own all intellectual property rights in and to all content and materials provided as part of our Services, including but not limited to text, graphics, logos, images, audio clips, video, data, software, and trademarks. All such intellectual property rights are reserved.
You may access, view, and/or print pages or download material from our website and online campus for your personal, non-commercial use only, subject to the restrictions set out in these Terms.
You must not:
- Republish, redistribute, sell, rent, sub-license, reproduce, duplicate, copy, or otherwise exploit any material from our Services for any commercial purpose without our express written consent.
- Use any trademarked terms or intellectual property belonging to The Institute or its licensors without express written consent. This includes, but is not limited to, The Holistic Performance Institute™, HPI™, HPN®, Holistic Performance Nutrition™, Empowered Eating™, Empowered Eating Coach™, Empowered Eating Coaching™, and any other trademarks or service marks used in connection with our Services.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of our Services.
- Remove any copyright, trademark, or other proprietary notices from our materials.
4. User-Generated Content (Comments and Discussion)
These Terms commence on the date you first use our Services.
Certain areas of our website and online campus may offer you the opportunity to post and exchange opinions, information, material, and data ("User-Generated Content" or "Comments" or "Discussion"). User-Generated Content does not reflect the views or opinions of The Holistic Performance Institute, its agents, or affiliates. It reflects the view and opinion of the person who posts such content.
To the maximum extent permitted by applicable laws, The Holistic Performance Institute shall not be responsible or liable for any User-Generated Content or for any loss, cost, liability, damages, or expenses caused or suffered as a result of any use of, posting of, or appearance of such content on our Services.
The Institute reserves the right, but is not obligated, to monitor all User-Generated Content and to remove any content it considers, in its sole discretion, to be inappropriate, offensive, unlawful, or otherwise in breach of these Terms.
By posting User-Generated Content, you warrant and represent that:
- You are entitled to post the content and have all necessary licenses, rights, consents, and permissions to do so.
- The content does not infringe any intellectual property right, including without limitation copyright, patent, trademark, or other proprietary right of any third party.
- The content does not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material or material which constitutes an invasion of privacy.
- The content will not be used to solicit or promote business or custom, or present commercial activities or unlawful activity.
You hereby grant to The Holistic Performance Institute a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any of your User-Generated Content in any and all forms, formats, or media.
5. Hyperlinking to Our Content
You may link to our website without prior written approval from the following organizations:
- Government agencies
- Search engines
- News organizations
- Online directory distributors when they list us in the directory, in the same manner as they hyperlink to the websites of other listed businesses.
- System-wide Accredited Businesses, excluding soliciting non-profit organizations, charity shopping malls, and charity fundraising groups.
These organizations may link to our home page, to publications, or to other website information provided the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
We may consider and approve, in our sole discretion, other link requests from the following types of organizations:
- Commonly-known consumer and/or business information sources (e.g., Chambers of Commerce, industry associations).
- Dot.com community sites.
- Associations or groups representing charities.
- Online directory distributors.1
- Internet portals.2
- Accounting, law, and consulting firms whose primary clients are businesses.3
- Educational institutions and trade associations.4
We will approve link requests from these organizations if we 5determine that: (a) the link would not reflect unfavorably on us or our accredited businesses; (b) the organization does not have an satisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of a direct agreement; and (d) the link is in the context of general resource information or is otherwise consistent with editorial content furthering the mission of the organization.
These organizations may link to our home page, publications, or other website information provided the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are an organization listed in the second paragraph of this section and are interested in linking to our website, please notify us by sending an email to [email protected]. Include your name, organization name, contact information (such as phone number and/or email address), the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URL(s) on our site to which you would like to link. Please allow 2-3 weeks for a response.
Approved organizations may hyperlink to our website as follows:
- By use of our corporate name.
- By use of the uniform resource locator (Web address) being linked to.
- By use of any other description of our website or material being linked to that makes sense within the context and format of content on the linking party's site.
No use of The Holistic Performance Institute's logo or other artwork will be allowed for linking without a separate trademark license agreement.
6. Iframes
Without prior express written permission, you may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our website or embed such within an external website.
7. Reservation of Rights
We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend these Terms and our linking policy at any time. By continuing to link to our website, you agree to be bound by and abide by these linking terms and conditions.
8. Removal of Links from Our Website
If you find any link on our website or any linked website objectionable for any reason, please contact us. We will consider requests to remove links but are not obligated to do so or to respond directly to you.
9. Accuracy of Information
While we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy. We do not commit to ensuring that the website remains available or that the material on the website is kept up to date. Information provided on our website and through our Services is for educational purposes only and should not be considered medical or professional advice. Always consult with a qualified professional for specific advice related to your individual circumstances.
10. Content Liability
We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
11. Course Credits and Recognition of Prior Learning (RPL)
Recognition of Prior Learning (RPL), also known as "cross-credits," may be applied at the sole discretion of The Holistic Performance Institute. RPL will only be considered if The Institute's faculty is confident that your prior learning is equivalent to an HPI course in quality, quantity, and learning outcomes.
- A maximum of 50% of course credits may be applied to any course of learning at The Institute.
- A maximum discount of 25% may be applied to course fees for successful RPL applications.
- Recognition of prior learning will only apply to coursework completed within the last 10 years.
- All RPL applications must be made in writing and are subject to assessment by The Institute's faculty. An application fee may apply.
12. Course Expiration and Access
Enrolling in courses or bundles grants you access for a defined period, not perpetual access. Each Course has a specific expiration date, which will be clearly communicated at the time of enrollment or can be found on the individual Course and FAQ pages. It is your responsibility to complete the Course within the specified access period.
13. Refunds and Course Pauses
- Refunds for Courses: In the event of withdrawal from a Course within 30 days of enrollment AND when less than 10% of the Course material has been accessed or completed, a student may apply in writing for a refund of up to 90% of course fees paid. The 10% completion threshold includes, but is not limited to, accessing modules, downloading materials, or submitting assessments.
- No Other Refunds for Courses: In all other cases related to Courses, course fees are non-refundable. This includes, but is not limited to, withdrawals after 30 days, or if more than 10% of the Course has been accessed, or for non-completion of a Course.
- Refunds for Subscriptions: All fees paid for Subscriptions are non-refundable. You may cancel your Subscription at any time to prevent future recurring charges, but no refunds will be provided for the current or any past subscription period.
- Course Pauses (On Hold): At the sole discretion of the principals of HPI, a Course may be put 'on hold' (paused) for a maximum period of 12 months. A reactivation fee of $50 NZD will apply to resume access. Access to Course materials is unavailable during any payment or course pause period. To apply for a course pause, you must submit a written request outlining your reasons.
14. Graduate Vocational Registration
The Institute's courses are designed to meet the requirements for vocational registration with specific industry accreditors, and we may promote courses on this basis. However, industry accreditors, at their sole discretion, may accept or reject applicants for registration based on their own criteria, which may include factors beyond our control (e.g., individual background, character, or professional conduct).
While The Institute will support your application attempts by all practicable and reasonable means, no guarantees are made regarding your successful registration with any industry organization or accrediting body. The Institute accepts no liability for a graduate’s inability to register with any industry organization or accrediting body. It is your responsibility to verify the specific registration requirements of any relevant industry body prior to enrollment if professional registration is a key objective for you.
15. Disclaimer of Warranties and Limitation of Liability
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of our Services (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill).
Nothing in this disclaimer will:
- Limit or exclude our or your liability for death or personal injury resulting from negligence.
- Limit or exclude our or your liability for fraud or fraudulent misrepresentation.
- Limit any of our or your liabilities in any way that is not permitted under applicable New Zealand law.
- Exclude any of our or your liabilities that may not be excluded under applicable New Zealand law.
The limitations and exclusions of liability set out in this Section and elsewhere in these Terms: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these Terms or in relation to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty.
We will not be liable for any loss or damage of any nature arising from or in connection with the use of our Services. This includes, but is not limited to, direct, indirect, incidental, punitive, and consequential damages, or any loss of income or profit, loss of business or data, or damage to computer systems, whether in an action of contract, negligence, or other tortious action.
16. Dispute Resolution
We are committed to providing a high-quality educational experience and resolving any concerns or complaints fairly and efficiently.
Internal Complaints Procedure:
If you have a complaint or concern regarding our Services, faculty, or any aspect of your learning experience, we encourage you to first contact us directly through our designated complaints procedure. Full details of our internal complaints process, including timelines and contact points, are available on our website at [Insert Link to Complaints Procedure Page Here]. We aim to acknowledge your complaint within [e.g., 2 business days] and provide a resolution within [e.g., 10 business days].
External Dispute Resolution:
Should you be dissatisfied with the outcome of our internal complaints procedure, you may have the option to pursue external dispute resolution. As a private provider of vocational education, our services are subject to general New Zealand consumer protection laws. You may explore avenues such as the Commerce Commission or the Disputes Tribunal for consumer-related disputes, or other relevant independent bodies in New Zealand. Please note that pursuing external dispute resolution may have its own procedures and requirements, and eligibility will depend on the nature of your complaint and the specific body's jurisdiction.
17. Student Conduct and Academic Integrity
By enrolling in our courses and accessing our online campus, you agree to abide by our Student Code of Conduct and uphold principles of academic integrity.
Student Code of Conduct:
Our Student Code of Conduct outlines the expected standards of behaviour, respectful communication, and professional conduct required from all students within our online learning environment, including interactions with faculty, staff, and other students. This includes, but is not limited to, guidelines on:
- Respectful and constructive communication in forums and discussions.
- Prohibition of harassment, discrimination, or offensive behaviour.
- Appropriate use of our online platforms and resources.
The full Student Code of Conduct is a separate document available at [Insert Link to Student Code of Conduct Page Here]. Violation of the Student Code of Conduct may result in disciplinary action, up to and including suspension or expulsion from a course or The Institute, without refund.
Academic Integrity:
We uphold the highest standards of academic integrity. All submitted work must be your own original work. Plagiarism, cheating, collusion, or any other form of academic misconduct is strictly prohibited. Instances of academic misconduct will be investigated and may result in penalties, including but not limited to, failure of an assignment, failure of a course, or expulsion from The Institute. Our Academic Integrity Policy, detailing what constitutes misconduct and the consequences, is available at [Insert Link to Academic Integrity Policy Page Here].
18. Fees and Payment Terms
This section outlines the financial terms associated with enrollment in our courses and subscriptions.
Course Fees:
All course fees are clearly stated on our website and during the enrollment process. All fees are quoted in New Zealand Dollars (NZD) unless otherwise specified.
Payment Schedules for Courses:
Payment for Courses is required in full at the time of enrollment, unless an approved payment plan has been arranged. If you have opted for a payment plan for a Course, you agree to make all scheduled payments on or before their due dates. Details of payment plan terms, including instalment amounts and due dates, will be provided in your enrollment agreement.
Commitment to Full Course Payment:
By enrolling in a Course, whether paying in full or via an installment payment plan, you are committing to the payment of the entire Course fee. An installment payment plan is an accommodation to assist with affordability; it does not represent a series of individual contracts for partial Course access. Cancellation of an installment payment plan, or failure to make scheduled payments, does not release you from your obligation to pay the full outstanding Course balance.
Subscription Fees:
Fees for Subscriptions are charged on a recurring basis (e.g., monthly, annually) as specified at the time of purchase. You agree to pay the recurring fees for the Subscription period selected.
Late Payments (Courses and Subscriptions):
Failure to make payments by the due date may result in:
- Temporary suspension of access to your Course materials, online campus, or Subscription services.
- An administration fee for late payment, as specified in your enrollment agreement or Subscription terms.
- Legal action for recovery of overdue amounts for Courses.
- Withdrawal from a Course if payments become significantly overdue. Please note that withdrawal due to overdue Course payments does not negate your liability for the full Course fee.
Currency and Taxes:
All payments must be made in NZD. Course and Subscription fees are inclusive of Goods and Services Tax (GST) where applicable, as per New Zealand tax regulations.
19. Technology Requirements
To effectively participate in our online learning programs and access Subscription services, you are responsible for ensuring you have access to the necessary technology and a reliable internet connection.
Minimum System Requirements:
You will need:
- A reliable computer (desktop or laptop) or tablet device.
- A stable internet connection (broadband recommended).
- A modern web browser (e.g., Google Chrome, Mozilla Firefox, Microsoft Edge, Safari) with cookies and JavaScript enabled.
- Software for viewing documents (e.g., PDF reader) and potentially for creating documents (e.g., word processor).
- A webcam and microphone may be required for certain interactive components or assessments.
It is your responsibility to maintain your equipment and internet connection in working order to access the Services. We are not liable for any disruption to your learning experience or access to Subscription services due to your personal equipment or internet connectivity issues.
20. Force Majeure
The Holistic Performance Institute shall not be liable for any delay or failure in performance of its obligations under these Terms if such delay or failure is caused by events beyond its reasonable control ("Force Majeure Event").
Force Majeure Events include, but are not limited to, acts of God, natural disasters (e.g., earthquakes, floods), widespread internet or power outages, war, terrorism, civil unrest, governmental actions, pandemics, epidemics, or any other event that renders performance impossible or impracticable.
In the event of a Force Majeure Event, The Institute will make reasonable efforts to mitigate the impact and resume operations as soon as practicably possible. No refunds or compensation will be provided for disruptions caused by Force Majeure Events, though we will endeavour to provide alternative access or extensions where feasible.
21. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand for the resolution of any disputes arising out of or relating to these Terms or your use of our Services.
22. Severability
If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
23. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and The Holistic Performance Institute regarding your use of our Services and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral.
24. Changes to Terms and Conditions
We reserve the right to revise and amend these Terms at any time. Any changes will be posted on this page, and your continued use of our Services after such changes constitutes your acceptance of the new Terms. We recommend you review this page periodically for any updates.
25. Contact Information
If you have any questions about these Terms and Conditions, please contact us at: