The Holistic Performance Institute - Terms and Conditions
Last Updated: 16/12/2025
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.
1. Definitions
The following terminology applies to these Terms:
"Student," "You," "Your": Refers to the individual enrolling in, accessing, or using our Services.
"The Institute," "We," "Us," "Our": Refers to Holistic Performance Limited T/A The Holistic Performance Institute.
"Services": Encompasses our website, online campus, learning programs, and all associated educational materials.
"Course": Refers to any specific learning program with a defined start/end or access period, typically leading to a qualification.
"Subscription": Refers to recurring payment access to specific resources that does not represent a fixed-duration Course.
"Course Content": Includes videos, documents, assessments, software, and proprietary methods provided within a Course.
2. Cookies
We use cookies to enhance your experience. By using our Services, you consent to the use of cookies in accordance with our Privacy Policy.
3. Intellectual Property Rights & License
3.1 Ownership
Unless otherwise stated, The Institute and/or its licensors own all intellectual property rights in the Services and Course Content. All rights are reserved.
3.2 Limited License to Student
Upon enrollment and subject to your compliance with these Terms, The Institute grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Course Content solely for your personal, non-commercial educational purposes.
3.3 Prohibited Use
You must not:
Republish, redistribute, sell, rent, sub-license, or otherwise exploit any Course Content for commercial purposes.
Share your login credentials or allow third parties to access the Course Content.
Modify, reverse engineer, or create derivative works of any Course Content.
Use Institute trademarks (e.g., HPN® HPI™, Holistic Performance Nutrition™) without express written consent.
3.4 Breach of Intellectual Property
Any breach of this Section 3 (including unauthorised sharing of content) constitutes a material breach of contract. In such an event, The Institute reserves the right to immediately terminate your access to the Services. You shall remain liable for the entire Course Fee regardless of such termination, and we reserve the right to pursue legal remedies for damages.
4. User-Generated Content
Certain areas may allow you to post opinions or materials ("User Content"). The Institute does not endorse User Content and is not liable for it. We reserve the right to remove any User Content deemed inappropriate or unlawful. By posting, you grant The Institute a royalty-free, perpetual license to use your User Content in any media.
5. Hyperlinking and Third-Party Links
(Standard provisions regarding linking to our site and our links to third parties apply. We assume no responsibility for third-party website content.)
6. Disclaimer of Warranties and Limitation of Liability
6.1 Consumer Guarantees Act 1993 (CGA)
Nothing in these Terms is intended to limit or exclude any rights you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, where those rights cannot be lawfully limited or excluded.
6.2 General Disclaimer
To the maximum extent permitted by law, and subject to clause 6.1:
Our Services are provided "as is" for educational purposes only and do not constitute medical or professional advice.
We exclude all liability for any indirect, incidental, or consequential loss (including loss of profit or data) arising from your use of the Services.
Our total liability to you shall not exceed the amount of fees paid by you to use the Services.
7. Course Credits and Recognition of Prior Learning (RPL)
RPL is applied at The Institute's sole discretion.
Maximum Credit: Up to 50% of course credits.
Maximum Discount: Up to 25% of course fees.
Timeframe: Prior learning must be within the last 10 years.
Process: Applications must be in writing. Approved RPL modules will be removed from your dashboard.
8. Course Expiration and Access
Enrollment grants access for a defined period only, not in perpetuity. Expiration dates are communicated at enrollment. It is your responsibility to complete the Course within this timeframe.
9. Refunds, Withdrawals, and Pauses
9.1 Limited Right of Withdrawal (The "Cooling-Off" Period)
You may apply in writing to withdraw from a Course and request a refund only if BOTH of the following conditions are met:
The request is received within thirty (30) calendar days of enrollment; AND
Less than 10% of the Course material has been accessed or completed. (The 10% threshold includes accessing modules, downloading materials, or submitting assessments).
9.2 Refund Calculation
If you meet both conditions in Clause 9.1, you are entitled to a refund of the Total Course Fees Payable, less a non-refundable administrative and initial licensing fee equivalent to 10% of the Total Course Fee.
9.3 No Other Refunds
If you withdraw after 30 days, OR if you have accessed 10% or more of the Course material, no refund will be granted, and you remain liable for the full Course fee (see Section 11).
9.4 Subscription Refunds
Subscription fees are non-refundable. You may cancel at any time to stop future charges, but no partial refunds are issued.
9.5 Course Pauses
Courses may be paused for up to 12 months at The Institute's discretion for valid reasons. A $50 NZD reactivation fee applies.
10. Graduate Vocational Registration
The Institute supports your professional goals but cannot guarantee registration with external industry bodies or accreditors. Acceptance is at the sole discretion of those third parties.
11. Fees and Payment Terms
11.1 Commitment to Full Course Fee
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.
11.2 Nature of Installment Plans
An installment payment plan is an accommodation to assist with affordability. It does not represent a series of individual contracts for partial Course access.
11.3 Liability Upon Withdrawal
Unless you qualify for the Limited Right of Withdrawal (Section 9.1), cancellation of an installment plan or withdrawal from the Course does not release you from your obligation to pay the full outstanding Course balance.
11.4 Late Payments
Failure to make scheduled payments may result in suspension of access, administration fees, and debt collection action. Suspension does not negate your liability for the full fee.
12. Student Conduct and Academic Integrity
You agree to abide by our Student Code of Conduct and Academic Integrity Policy.
Conduct: Respectful communication is required. Harassment is prohibited.
Integrity: Plagiarism and collusion are prohibited.
Consequences: Violation may result in suspension or expulsion without refund.
13. Technology Requirements
You are responsible for ensuring you have a reliable computer and internet connection to access the Services.
14. Force Majeure
The Institute is not liable for failure to perform obligations due to events beyond our reasonable control (e.g., natural disasters, pandemics, internet outages).
15. Dispute Resolution
15.1 Internal Complaints
Please submit complaints to us in writing first. We aim to acknowledge within 2 business days and resolve within 10 business days.
15.2 External Resolution
If unresolved, you may seek assistance from the Commerce Commission, Disputes Tribunal, or other relevant NZ bodies.
16. Governing Law
These Terms are governed by the laws of New Zealand. You submit to the exclusive jurisdiction of the New Zealand courts.
Student Code of Conduct
The Holistic Performance Institute
Last Updated: 16/12/2025
1. Purpose and Scope
The Holistic Performance Institute ("The Institute") is committed to providing a safe, inclusive, and supportive learning environment for all students, faculty, and staff. This Code of Conduct ("The Code") outlines the behavioural expectations for all students enrolled in our courses and participating in our online campus.
This Code applies to:
All online interactions within The Institute's learning management system (LMS).
Emails and direct communications with Institute staff and faculty.
Social media groups managed or officially associated with The Institute.
Any in-person workshops or events organised by The Institute.
2. Core Values
We expect all students to uphold our core values:
Respect: Treating others with dignity and courtesy.
Integrity: Acting honestly in academic and professional interactions.
Professionalism: Maintaining a high standard of conduct suitable for the holistic health industry.
3. Behavioural Expectations
3.1 Respectful Communication
The Institute fosters a diverse community. Students must interact with peers and staff respectfully.
Prohibited: Insults, name-calling, yelling (using all caps), or aggressive tone.
Required: Constructive criticism must be focused on ideas, not individuals.
3.2 Harassment and Discrimination (Human Rights Act 1993)
The Institute has a zero-tolerance policy for harassment or discrimination based on sex, marital status, religious belief, ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status, or sexual orientation.
Harassment includes: Unwanted remarks, sexual propositions, offensive gestures, or creating a hostile environment.
3.3 Harmful Digital Communications (Harmful Digital Communications Act 2015)
Students must not use The Institute’s digital platforms to post content that harms others. This includes:
Cyberbullying: Intimidating or menacing communications.
Doxing: Revealing sensitive personal information about another student or staff member.
Spamming: Posting repetitive or irrelevant content that disrupts learning.
3.4 Professional Boundaries
Students are expected to respect the professional boundaries of faculty and staff.
Personal social media connection requests to staff are discouraged.
Communications should be kept to official channels (official email, helpdesk, or course forums) and during business hours where possible.
4. Academic Integrity
4.1 Plagiarism
Plagiarism is presenting someone else's work or ideas as your own without appropriate attribution. This includes:
Copying text directly from websites, books, or other students without using quotation marks and citations.
Using AI tools (like ChatGPT) to generate assignment answers without disclosure or permission (unless explicitly allowed for a specific task).
4.2 Collusion
Collusion is unauthorised collaboration with another student on an assessment that is meant to be individual work.
4.3 Cheating
Cheating includes using unauthorised notes during exams, gaining prior access to assessment questions, or paying a third party to complete coursework ("contract cheating").
5. Disciplinary Process
The Institute adheres to the principles of natural justice. If a violation of this Code is reported or identified, the following process applies:
Step 1: Investigation
The Institute will investigate the allegation. The student will be informed of the specific concern and given an opportunity to respond/explain their actions in writing.
Step 2: Outcome Determination
Based on the investigation, The Institute will determine if a breach occurred. Outcomes may include:
Warning: A formal written warning placed on the student's file.
Academic Penalty: A zero grade for the specific assessment or course module (for academic integrity breaches).
Probation: A period of monitored enrollment.
Suspension: Temporary removal of access to the online campus.
Expulsion: Permanent termination of enrollment.
Step 3: Appeals
Students may appeal a decision by submitting a written request to the Academic Director within 10 working days of the decision, providing new evidence or grounds for why the process was unfair.
6. Serious Misconduct (Immediate Termination)
As per our Terms and Conditions, Serious Misconduct may result in immediate expulsion without a refund and liability for full fees. Serious Misconduct includes:
Physical or severe verbal threats against staff or students.
Theft or unauthorised distribution of The Institute's Intellectual Property.
Criminal activity associated with The Institute.
Repeated breaches of the Code after a formal warning.