These Terms of Use were last updated on 11 May 2021.
In these terms of use, “PwC”, “we”, “us” and “our” means PricewaterhouseCoopers (New Zealand Business Number 9429044819965) of Level 26, PwC Tower, 15 Customs Street West, Auckland 1010. “You”, “your” and similar expressions refers to the individual, corporate, trust, partnership or other entity (and any of their related bodies corporate) agreeing to use the PwC Academy website available at http://academy.pwc.co.nz (“the PwC Academy Website”) for the purpose of registering to attend or use any workshop, live or recorded webinar, or other e-Learning course or event offered on the PwC Academy Website (individually or together “Training”).
By accessing or using the PwC Academy Website, you represent that you are authorised to enter into these terms of use for the PwC Academy Website and the Training and you agree that you will comply with these terms and all applicable laws and regulations.
As part of your use of the PwC Academy Website, you may permit your employees, representatives and any person authorised by you (“Invited Users”) to register for or participate in Training, provided that you acknowledge that we may refuse, cancel, or suspend, rights for any person to use the PwC Academy Website or Training for any reason in our sole and absolute discretion. You must ensure that your Invited Users comply with these terms of use. You will be liable for the acts and omissions of your Invited Users as if they were your acts or omissions.
Where the context permits, a reference to “you” and “your” in these terms of use also refers to each of your Invited Users.
Your use of the PwC Academy Website and Training
Unless you enter a separate agreement in writing with PwC, in consideration for the performance of your obligations, these terms apply in relation to any rights we grant to you for a time-limited, non-transferable, non-exclusive subscription to access and use the PwC Academy Website and/or any rights we grant to you to attend or complete Training for your own learning and development needs within New Zealand:
You, including any Invited User(s), agree to:
register an individual email address and password (or other log in details) and
pay any applicable fee(s), including GST
via the PwC Academy Website before we grant any rights to you to access or attend any Training.
You will not provide PwC with personal information unless the personal information is required for use of the PwC Academy Website and Training. In respect of any personal information disclosed to PwC, you confirm you have the necessary authority for PwC to use it, and that data subjects have been given necessary information regarding its use.
You and PwC will comply with the data protection legislation, including the Privacy Act 2020 and related Codes and regulation and subsequent legislation, applicable to any personal information shared in connection with the registration process and/or any other interaction with PwC for use of the PwC Academy Website and Training.
You must notify us immediately by email to nz_privacy_officer@pwc.com if you become aware of, or have reason to suspect that there has been any unauthorised access to or use of the PwC Academy Website using your log in details.
You agree that PwC may process any personal information for the purposes of:
registering you and allowing access to the PwC Academy Website and Training platform;
for any security, quality and risk management activities;
complying with any requirement if law, regulation or a professional body of which it is a member; or
administering and managing the PwC Academy Website and Training platform.
Additional information about how PwC uses personal information is set out in PwC’s Privacy Policy at www.pwc.co.nz/privacy.
You agree that PwC may transfer personal information shared with it to any of its affiliates or contractors or subcontractors or suppliers in relation to any set of the purposes set out above. Some of these recipients may be located outside the country or territory where the personal information originated, or the data subjects are located. Each party may disclose the personal information only where it has a lawful basis to do so and any appropriate contractual or comparable safeguards required by applicable data protection legislation are in place to protect the personal information being disclosed.
You agree that you have sole responsibility for the accuracy and protection of the information (including any personal information) that you or any other person input into the PwC Academy Website, and any third party websites that are linked from the PwC Academy Website, and that in no event shall we or our beneficiaries be liable for any loss of any kind (including loss or corruption of your data) arising from any act or omission.
You must keep you log in details secure and confidential and not disclose or allow anybody else to use those log in details. We may assume that any person accessing or using the PwC Academy Website using those log in details is you.
You acknowledge that PwC engages third party licensors, contractors and suppliers, including, but not limited to, other PricewaterhouseCoopers member firms (each of which is a separate and independent legal entity), located in New Zealand and overseas, to enable us to provide the PwC Academy Website and Training to you.
You agree that PwC may transfer information provided to us by you to those third parties, provided they are bound by confidentiality obligations.
If you purchase annual subscription(s) to use the PwC Academy Website, you must cancel any recurring credit card payment instructions, by following the instructions issued to you, to stop being charged for ongoing use of the PwC Academy Website.
We may change the fee(s) applicable to any rights to access and use the PwC Academy Website and Training. If you have recurring credit card payment instructions, we will notify you by email, or other reasonable manner, at least one month before the fee change(s). If you do not agree to the fee change(s), you must notify PwC by email to nz_training.support@pwc.com or cancel your payment instructions before the fee change(s) take effect on the renewal date. Any fixed fee(s) will apply for the relevant fixed term.
We may calculate the taxes payable by you based on the information that you provide during the registration process.
If we issue a discount code for you to use on or before a particular date, each code may only be used once to offset any applicable fee(s) for a single transaction. No additional credit(s) will be issued for any discount code(s) that expire(s) before use.
You acknowledge that we may from time to time and without notice, vary, modify, or terminate, temporarily or permanently, your use of the PwC Academy Website and/or Training and/or these terms of use at our sole discretion.
We (or our licensors) retain all rights, title, and interests in and to the PwC Academy Website and Training materials, and nothing you do on or in relation to the PwC Academy Website and Training materials will transfer any intellectual property rights to you unless expressly stated.
You agree to use the PwC Academy Website and any Training you register for in a manner consistent with their intended purposes.
You agree that your access to and use of the Training and any content derived from the PwC Academy Website is for general information purposes only and should not be used as a substitute for consultation with professional advisers.
You must not seek to circumvent access or security controls or otherwise threaten the security of the PwC Academy Website.
We may suspend your access to the PwC Academy Website where we reasonably believe there has been any unauthorised access to, or use of, the PwC Academy Website through your log in details. Where we do so, we will notify you within a reasonable time of the suspension occurring, and the parties will work together to resolve the matter.
You must promptly notify us by email to nz_training.support@pwc.com of any error messages, anomalies, defects, glitches and other issues affecting your use of the PwC Academy Website, by taking a screenshot and forwarding it to us. We will attempt to resolve any matter as soon as we reasonably can and endeavour to respond to any queries within 1 business day.
Except as provided in these terms of use, any use or copying of the PwC Academy Website or Training materials for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
You hereby indemnify PwC and undertake to keep PwC indemnified against any losses, damages, costs, liabilities and expenses (including legal expenses) arising out of (a) your use of and access to the PwC Academy website; (b) any breach by you of any provision of these terms of use or arising out of any claim that you have breached any provision of these terms of use; (c) your breach of any third party right, including without limitation, any intellectual property, confidentiality or privacy right; and (d) any claim that you caused damage to a third party.
In using the PwC Academy Website or Training, you must not: copy, decompile or reverse engineer the PwC Academy Website or Training materials; provide us with inaccurate or incomplete information; violate any applicable laws or use the PwC Academy Website or Training for any purpose that is unlawful; distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software; or engage in any other conduct that inhibits any other person from using or enjoying the PwC Academy Website or Training.
You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks).
Upon the full and successful completion of any Training, you will be able to access a certificate via the PwC Academy Website.
Events offered through the PwC Academy Live Portal
PwC reserves the right to cancel any event prior to the scheduled time, for any reason. If PwC cancels an event, for any reason, PwC will issue a refund equal to the value of any payment received from you for the registration(s).
If you cancel any registration(s) for an event by writing to nz_training.support@pwc.com seven or more days before the scheduled event, PwC will issue a refund equal to the value of any payment received by PwC for the registration(s).
If you cancel any registration(s) for an event by writing to nz_training.support@pwc.com less than one week before the scheduled event, you will not be entitled to any refund or credit for any payment received by PwC for the registration(s).
You must notify PwC by email to nz_training.support @pwc.com if you would like to transfer a registration for an event to another person prior to the scheduled event.
Our rights and obligations
Any amendments to these terms of use will apply from the date of the publication on the PwC Academy Website. You agree to be bound by any amendments to these terms of use.
We provide access to the PwC Academy Website and all its content, materials and information on an "as is" and "as available" basis. We reserve the right to make changes or updates to the PwC Academy Website at any time without notice and we make no warranty that the PwC Academy Website will be available on an uninterrupted, timely, or error-free basis. Your access to the service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
We take no responsibility for matters arising from changed circumstances or other information or material, which may affect the accuracy or currency of the PwC Academy Website and Training materials.
PwC’s maximum aggregate liability to you for all claims for direct loss or damages suffered by you under or relating to these terms of use is limited to the amount of five times the sum of the fees paid by you to PwC, and PwC is not liable for any indirect or consequential loss or loss of profit.
You undertake not to bring any claims in respect of the PwC Academy Website and the Training against any other PwC firm (its partners, employees, members of its bodies) or any other third party engaged by PwC.
We are subject to certain professional and governmental regulatory requirements, including with respect to independence of our audit clients and associated entities or persons. We may need to ask follow-up questions and you agree to provide responses accurately and promptly.
If we determine that our independence obligations mean that we cannot provide you with access to the PwC Academy Website and Training we will, at our sole option, and with immediate effect and by notice to you, terminate your rights to access and use the PwC Academy Website and Training.
PwC will use reasonable care to ensure that the details published on the PwC Academy Website and in our Training and marketing materials are correct at the time of publication
We make no promise that PwC Academy Website and all its content, materials and information are appropriate or available for use in locations outside New Zealand. If you choose to access the PwC Academy Website from a location outside New Zealand, you do so on your own initiative and are responsible for compliance with local laws.
If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These terms of use are governed by the laws of New Zealand and both of us submit to the jurisdiction of the courts of New Zealand and waive any right either of us may have to claim that those courts do not have jurisdiction or are an inconvenient forum.
These terms of use constitute the entire agreement between us and you in relation to the PwC Academy Website and Training and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us.