AnDirect

Terms of Service

Terms and conditions governing the use of AnDirect's executive training platform.

Last updated: August 7, 2024

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and AnDirect ("Company," "we," "our," or "us") regarding your use of our executive risk management training platform and related services.

By accessing or using our platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

Platform Access and Use

Eligibility

  • You must be a senior executive or authorized representative of a corporate entity
  • You must be at least 18 years of age
  • You must have the authority to enter into this agreement
  • Your use must comply with all applicable laws and regulations
  • You must maintain active professional status in your organization
  • You must provide accurate and current professional credentials
  • You must not be subject to any legal restrictions that would prevent platform use
  • You must have the necessary technical capabilities to access the platform
  • You must agree to maintain the confidentiality of sensitive training materials

Account Registration

  • You must provide accurate and complete registration information
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized use of your account
  • You may not share your account access with others
  • You must update your information promptly when changes occur
  • You are responsible for all activities that occur under your account
  • You must use strong passwords and enable two-factor authentication when available
  • You must not create multiple accounts for the same individual
  • You must verify your professional credentials when requested
  • You must comply with our identity verification procedures

Permitted Use

  • Use the platform for legitimate executive training purposes
  • Access training materials and simulations as intended
  • Participate in assessments and progress tracking
  • Communicate with our support team as needed
  • Download materials for personal professional development
  • Participate in collaborative learning activities
  • Provide feedback and suggestions for platform improvement
  • Access archived training sessions and materials
  • Use mobile applications and cross-platform features
  • Integrate with approved third-party professional tools
  • Share anonymized insights with your organization (where permitted)

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Technical Restrictions

  • Attempt to gain unauthorized access to the platform or other users' accounts
  • Use automated tools, bots, or scripts to access the platform
  • Reverse engineer, decompile, or disassemble any part of the platform
  • Interfere with or disrupt the platform's operation or security
  • Attempt to bypass security measures or access controls
  • Introduce viruses, malware, or other harmful code
  • Overload or stress-test the platform infrastructure
  • Monitor platform availability or performance without authorization
  • Extract data through unauthorized means or excessive requests

Content Restrictions

  • Copy, reproduce, or distribute training materials without authorization
  • Share confidential simulation scenarios or assessment questions
  • Use the platform to transmit harmful, offensive, or illegal content
  • Violate intellectual property rights of AnDirect or third parties
  • Post or share inappropriate, discriminatory, or harassing content
  • Impersonate other users or provide false identity information
  • Share personal information of other users without consent
  • Use the platform for political campaigning or lobbying activities
  • Publish or distribute content that violates professional ethics
  • Create derivative works based on proprietary training content

Commercial Restrictions

  • Resell, sublicense, or redistribute access to the platform
  • Use the platform for competitive intelligence gathering
  • Create derivative works based on our training content
  • Use our platform to develop competing services
  • Offer training services based on our proprietary methodologies
  • Use platform data for commercial purposes without authorization
  • Advertise or promote third-party services through the platform
  • Solicit other users for business purposes unrelated to training

Intellectual Property Rights

Our Content

All content on the AnDirect platform, including but not limited to training materials, simulations, assessments, software, graphics, and text, is owned by AnDirect or our licensors and is protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the platform for your personal executive training purposes. This license does not include the right to:

  • Modify or create derivative works
  • Distribute or publicly display content
  • Use content for commercial purposes
  • Remove copyright or proprietary notices
  • Translate content into other languages without permission
  • Adapt content for different industries or contexts
  • Combine our content with third-party materials
  • Use content in presentations to external audiences
  • Archive content beyond your active subscription period

User-Generated Content

Any content you submit to the platform (feedback, responses, etc.) remains your property, but you grant us a license to use it for platform improvement and research purposes.

Trademark Usage

AnDirect trademarks, logos, and service marks may not be used without our prior written consent. Any unauthorized use is strictly prohibited.

Payment and Subscription Terms

Fees and Payment

  • Training fees are determined based on selected programs and duration
  • Payment is required before platform access is granted
  • All fees are non-refundable unless otherwise specified
  • We reserve the right to modify pricing with 30 days' notice
  • Corporate billing arrangements are available for enterprise clients
  • Currency conversion fees may apply for international payments
  • Late payment fees may be charged for overdue accounts
  • Tax obligations are the responsibility of the user
  • Payment disputes must be raised within 60 days of billing
  • We accept major credit cards and corporate purchase orders

Subscription Management

  • Subscriptions automatically renew unless cancelled
  • You may cancel your subscription at any time
  • Cancellation takes effect at the end of the current billing period
  • Refunds are provided according to our refund policy
  • Subscription changes take effect at the next billing cycle
  • Downgrade requests may result in loss of premium features
  • Upgrade charges are prorated for the current billing period
  • Suspended accounts retain data but lose platform access

Late Payment

If payment is not received when due, we may suspend access to the platform until payment is made. Continued non-payment may result in account termination.

Refund Policy

Refunds are available within 14 days of initial purchase for unused training credits. Completed training modules and accessed premium content are non-refundable.

Privacy and Confidentiality

Privacy Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Confidentiality Commitment

We understand the sensitive nature of executive training and commit to maintaining strict confidentiality regarding:

  • Your participation in training programs
  • Performance data and assessment results
  • Strategic decisions made within simulations
  • Any business information shared during training
  • Professional development goals and objectives
  • Career advancement discussions and planning
  • Organizational challenges and strategic initiatives
  • Peer interactions and collaborative activities
  • Feedback provided about your organization or industry

Your Confidentiality Obligations

You agree to maintain confidentiality regarding proprietary training methodologies, simulation scenarios, and other users' information you may encounter.

Limitation of Liability

Service Disclaimer

The platform is provided "as is" without warranties of any kind. We do not guarantee that the service will be uninterrupted, error-free, or meet your specific requirements.

Limitation of Damages

To the maximum extent permitted by law, AnDirect shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Maximum Liability

Our total liability to you for any claims arising from these Terms or your use of the platform shall not exceed the amount you paid for the service in the 12 months preceding the claim.

Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures of third-party services.

Termination

Termination by You

You may terminate your account at any time by contacting our support team. Upon termination, your access to the platform will cease, but these Terms will continue to apply to your prior use.

Termination by Us

We may terminate or suspend your account immediately if you:

  • Violate these Terms of Service
  • Fail to pay required fees
  • Engage in fraudulent or illegal activities
  • Pose a security risk to the platform
  • Misuse platform resources or content
  • Violate intellectual property rights
  • Engage in harassment or inappropriate behavior
  • Provide false or misleading information
  • Attempt to circumvent platform security measures

Effect of Termination

Upon termination, you must cease all use of the platform and delete any downloaded materials. Provisions regarding confidentiality, intellectual property, and limitation of liability survive termination.

Governing Law and Dispute Resolution

Applicable Law

These Terms are governed by the laws of New Zealand, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms will be resolved through binding arbitration in Auckland, New Zealand, unless both parties agree to alternative dispute resolution methods.

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

Contact Information

If you have questions about these Terms of Service, please contact us:

Email: legal@andirect.com

Phone: +64 21 938 407

Address:
AnDirect Legal Department
48 Arabi Street, Mount Roskill
Auckland 1041, New Zealand

These Terms may be updated from time to time. We will notify you of significant changes via email or platform notification.