OVERVIEW

This website is operated by Sustainable Engineering Ltd. Please note that Passive House Academy New Zealand is a trading name for Sustainable Engineering Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Sustainable Engineering Ltd. Sustainable Engineering Ltd. offers this website, including all information, tools, educational courses, consulting, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. We explicitly reserve the right to decline any education, event, or registration at our sole discretion, in which case a full refund of any deposited funds will be issued promptly.

You acknowledge that if you are acquiring these educational services and technical materials for the purposes of a business or trade, the provisions of the Consumer Guarantees Act 1993 are entirely excluded to the maximum extent permitted by law.

All prices displayed on the website or within the member portal are in New Zealand Dollars (NZD) and are exclusive of Goods and Services Tax (GST) unless otherwise explicitly stated. A 15% GST is calculated and added to the base price for all applicable paid services at the point of checkout. Enrolment in any educational course, whether online, on-demand, or in-person, is not confirmed until full payment of the course fee has been received and cleared.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The authors of the articles on this website have used their best efforts to provide accurate and authoritative information in regard to the subject matter covered. The author and Sustainable Engineering Ltd make no warranty of any kind, expressed or implied, with regard to the information contained in these articles. The information presented must be used with care by professionals who understand the implications of what they are doing. If professional advice or other expert assistance is required, the services of a competent professional should be sought.

Course Prerequisites: Certain courses require foundational knowledge, including but not limited to high school-level mathematics and physics, and familiarity with software such as spreadsheets, SketchUp, or PHPP. It is the student’s responsibility to ensure they meet the prerequisites prior to accessing the course. These foundational skills and third-party software operations will not be taught in class.

All content, materials, and courses provided on this website are for general educational and informational purposes only and do not constitute professional engineering, architectural, or technical advice. Participation in our educational courses does not establish an engineer-client relationship. The applicability of our recommendations, formulas, and statements must be independently checked and verified by a qualified professional for every specific real-world project individually. The authors and Sustainable Engineering Ltd shall not be liable in the event of incidental or consequential damages in connection with, or arising from, the use of the information contained in these articles/website. We assume absolutely no liability for structural failures, compliance rejections, thermal bridging errors, or financial losses resulting from the application of course materials to real-world construction projects.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4 – OPTIONAL TOOLS AND SOFTWARE

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Courses utilizing external software, specifically the Passive House Planning Package (PHPP) and DesignPH, are subject to the strict End User License Agreements established by the Passive House Institute (PHI). You acknowledge that software purchases embedded in certification packages cannot be refunded once downloaded or utilized, aligning with international EULA standards.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 5 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 6 – PROHIBITED USES AND ACCOUNT SECURITY

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

Single-User License: All online courses are delivered to you under a limited, non-transferable, single-user license to access the course content for your own use only. You are permitted to display, download, and print the files provided under the condition that such activity is strictly for your personal or internal business purposes. You may not modify, prepare derivative works, or otherwise re-distribute or publicly display the content.

You are strictly and solely responsible for maintaining the confidentiality of your account portal passwords and login information. You agree not to share your secured access, software licenses, or login credentials with any other person, colleague, or organization. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 7 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Sustainable Engineering Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

To the maximum extent permitted by New Zealand law, if the organization is found liable to you for any form of loss or damage arising out of your participation in a course, the use of the website, or the failure of the service, such liability will be strictly capped and limited to the total amount of the fees actually paid by you to the organization for the specific service in dispute. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 8 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Sustainable Engineering Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 9 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 10 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 11 – CANCELLATION AND REFUND POLICY

  • Online, Digital, and On-Demand Courses: Due to the immediate and irrevocable transfer of intellectual property, software templates, and digital value, there are absolutely no refunds and/or cancellations available for any Online or On-Demand training courses once access to the digital curriculum has been granted, or login credentials have been issued to the user.
  • In-Person and Scheduled Live-Stream Courses:
    • If you cancel your registration in writing 14 or more business days prior to the scheduled course start date, you will receive a 100% refund of the course fee, less a non-refundable administrative processing fee of $150.00 NZD (plus GST).
    • If you cancel between 7 and 14 business days prior to the start date, you will receive a 50% refund of the course fee, less the $150.00 NZD administrative processing fee.
    • Cancellations received less than 7 business days before the scheduled start date, or failure to attend the course on the day (“no-shows”), are strictly non-refundable under any circumstances.
  • Unforeseen Disruptions: If, due to circumstances outside of our control, a synchronous or live course session cannot be delivered at the scheduled time, the course duration will be extended to ensure all material is covered, rather than cancelled.

PANDEMIC RELATED MATTERS

Pandemic requirements may change entry requirements for courses, for example, a test or vaccine pass may become necessary to attend an education event. If you registered without knowledge of the requirement, e.g. when the requirement arose only after your registration, you are eligible for a full refund if you are unable or unwilling to comply with the requirement. It may also become necessary to cancel a course due to pandemic restrictions, in which case a full refund of the course fee will be issued on request.

SECTION 12 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 13 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand. These terms are subject to and governed exclusively by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts.

SECTION 14 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 15 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at legal@SustainableEngineering.co.nz.

Privacy Policy

Sustainable Engineering Ltd. Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.sustainableengineering.co.nz (the “Site”). Please note that Passive House Academy New Zealand is a trading name for Sustainable Engineering Ltd. We take the protection of your personal data seriously and operate in compliance with the New Zealand Privacy Act 2020.

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). We collect this data strictly to facilitate the delivery of agreed products, manage certifications, and process financial transactions. Additionally, we use this Order Information to:

  • Communicate with you;
  • Screen our orders for potential risk or fraud; and
  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We will not use your email address to send unsolicited, non-relevant mail. Any emails sent by us will be in connection with the provision of agreed products, vital course updates, platform access changes, and relevant certification maintenance requirements.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We do share your Personal Information with third parties to help us use your Personal Information, as described above but we do not sell your information. Exceptions include sharing necessary technical data with our LMS providers, payment gateways, and necessary external certification bodies (such as the Passive House Institute) solely for the purpose of validating your examination status and delivering the purchased service.

We also use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

REGISTERING FOR COURSES ONLINE

If you register for a Passive House Academy New Zealand course online, your details will be recorded. The service we use for this is Mailerlite, for course purposes your name, email and the course(s) you registered for will be recorded in our Moodle based online learning environment. Any course activity you engage in, such as quizzes, workshops and so forth, will also be recorded. All your data will be deleted after a reasonable time following course completion or on request.

RECORDING OF COURSE

If you participate in a Passive House Academy New Zealand online course that mentions recordings of lectures, your presence in the lecture and any interactions will be recorded. The service we use for the display of the recording is YouTube (unlisted video) and Moodle (Our Learning platform program).

By registering for an online course, you consent to your presence in a course and any interaction being recorded. Full recordings of each session (including discussions) will be made available upon request strictly for the purpose of revision. These recordings are provided only for a limited time and are restricted exclusively to the current cohort of students. We encourage you to not use your full name on registering for the lecture, and switch off your camera in case you are uncomfortable with being recorded.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at legal@SustainableEngineering.co.nz or by mail using the details provided below:

65B Hungerford Road Houghton Bay, Wellington 6023