Online Course Policies
Abbreviations
The Humblebrag Agency Ltd - referred to as “The Humblebrag '' unless otherwise specified.
1. Honour Code
General rules on conduct
It is important that all students feel comfortable to learn and explore during their time on this online short course. Students are required to contribute to a respectful learning environment through intellectual honesty, robust debate, openness and respect for fellow students, teaching team members, and support staff.
By adhering to the following core principles, and by working together, we can continue to foster a respectful learning environment.
As a student on this course, you fully agree that you will:
Maintain only one user account, and not allow another person to use my login details;
Take responsibility for my own learning, while also interacting constructively with my fellow students, and teaching team members;
Treat all teaching team members of The Humblebrag and all fellow students with dignity and respect;
Not abuse or otherwise interfere with any member of The Humblebrag community in any manner that contributes to disrupting their work or the creation of an intimidating, hostile, or demeaning environment for The Humblebrag team members or students in general;
Not plagiarise or engage in any form of academic dishonesty; and
Comply with any reasonable instruction of an authorised The Humblebrag representative.
Discussion forum use
Students may have access to a community discussion forum during the entire duration of the online course. The discussion forums serve as a platform for collaboration and aim to enrich the learning experience through dynamic engagement and healthy debate.
The Humblebrag retains the right to monitor posts on the discussion forum to ensure that the environment remains constructive and that the integrity of interaction is maintained.
The discussion forums in this course operate on the understanding that students are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other student may be revealed outside of the discussion and course environment.
The following content is prohibited on the discussion forums:
Content that defames or threatens others;
Harassing statements or content that violates the law;
Content that discusses illegal activities with the intent to commit them;
Content that is not your own, or infringes on another's intellectual property, including, but not limited to, copyrights, trademarks or trade secrets;
Content related to partisan political activities;
Material that contains obscene (i.e. pornographic) language or images;
Advertising or any form of commercial solicitation or promotion, including links to other sites
Content that is otherwise unlawful;
Intentionally incomplete, misleading or inaccurate content; and
Violations of the Honour Code.
The Humblebrag reserves the right to remove any postings that contravene the above prohibitions at its own discretion. The following practices are prohibited on the discussion forums:
- Posting material or sharing links to material that is sexually explicit or suggestive, racist, harassing, intimidating, or defamatory;
- Impersonating another user or person;
- Posting information or material that encourages or condones piracy or infringes on intellectual property rights;
- Using the discussion forum to promote any business or enterprise, unless permitted to do so by an authorised GetSmarter team member or if doing so - forms part of a curriculum requirement;
- Using the discussion forum to defame or slander any person, business, enterprise, institution, or organisation;
- Excessively cross posting and spamming; and or
- Posting anything to garner support for petitions, rallies, protests, and political or religious groups.
The Humblebrag reserves the right to remove any postings that contravene the above prohibitions.
The Humblebrag may decide to send a warning to students breaching the above prohibitions, and reserves the right to delete the access at its own discretion to students that contravene above prohibitions.
Sanctions for violations of the Honour Code
If you are found in violation of the Honour Code, you may be subject to one or more of the following actions:
Having any certificate earned in the course withheld or revoked;
Being unenrolled from a course; and or
Having your use of the website terminated.
Additional actions may be taken at the sole discretion of The Humblebrag. No refunds will be issued in the case of any corrective action for such violations. Honour Code violations will be determined at the sole discretion of The Humblebrag. You will be notified if a determination has been made that you have violated this Honour Code and you will be informed of the corresponding action to be taken as a result of the violation.
2. Course Policies
Intellectual Property and Confidentiality
We highly recommend that you avoid disclosing any confidential information in your assignments and discussion forum posts (including intellectual property and "third party" confidential information, such as information about your employer that is not publicly available). You are entirely responsible for ensuring that you do not disclose any information that is protected by confidentiality agreements. We will ensure that all information is treated in accordance with our privacy policy, but we will not sign any separate confidentiality agreements or non-disclosure agreements. Although you are encouraged to draw on real-world experience during the course, it is up to you to remain cognizant of any legal restrictions you may be under.
If, during the course, you disclose or create any intellectual property (for example, trade marks, designs, written materials, know-how and other products of your independent thought, creativity and intellectual effort), you accept all and any risks in relation to disclosure, including the risk that a fellow student will use this intellectual property without your consent, or that disclosure weakens or erases any legal protections.
We won't use any intellectual property created by you and submitted in, or forming part of, your assignments, other than for internal research and development, course improvement and similar non-commercial purposes, without your written consent.
All the content published by or received from The Humblebrag after the enrollment is property of The Humblebrag and it is protected by copyright. You are not allowed, under any circumstances, to copy or to replicate, to publish, or to distribute in any form any of the content of the course, without the consent in writing from The Humblebrag or its legal representers. You are allowed to keep and use the material provided for your own personal use only.
All the material provided in the online course is hosted on a digital learning platform, sent through e-mails or available through the official channels provided to you during the duration for the online course, is owned by The Humblebrag.
The Humblebrag reserves all the rights to prosecute any students that will use any of the provided material without the written consent by The Humblebrag.
When enrolling to any of The Humblebrag courses you fully agree on keeping any material received as strictly confidential and private.
By accepting these terms and conditions, you:
- give consent to The Humblebrag, its affiliates and agents to use your image and likeliness produced during any stage of the course to be used in advertising or other media activities (including the internet);
- you fully agree, without expectation of compensation or remuneration, now or in the future, to consent to The Humblebrag to use quotes from in person or remote activities (such as but not limited to web meetings) and/or recording of your voice recorded at any stage of the course to be used in advertising or other media activities (including the internet);
The Humblebrag ensure your name will never be used or publicly disclosed during any future usage.
Fair use
The product you are buying is intended to help individuals such as change-makers and small entrepreneurs to learn a variety of concepts that represent the core of each course. Any other use is not allowed and will be considered an infringement of the Intellectual Property clause.
The Humblebrag reserves the right to remove students that don't comply with these Terms and Conditions at its own discretion. This decision is final and the Humblebrag will evaluate with a case by case approach whether refund the enrolment fees or not.
Maintaining personal information
As a student, you are responsible for ensuring that your personal information provided upon registration is accurate, complete and valid. This information includes the following:
First and Last Names
Billing address
Residential address
Delivery address
Telephone numbers
The Humblebrag will not accept responsibility for the consequences of incorrect, outdated, invalid or missing student information.
Student terms and conditions
The terms and conditions that apply to all students and govern the use of The Humblebrag products and services as well as your registration for any short course offered can be found on our website here: http://courses.thehumblebrag.academy/pages/terms.
Academic integrity
Academic integrity refers to the commitment and demonstration of honest and ethical behaviour in an academic setting. It includes providing credit to others when using their ideas.
Plagiarism is a form of cheating, and is considered a form of academic misconduct.
Plagiarism
Plagiarism can be defined as the intentional or unintentional use of another's work without providing reasonable and appropriate credit to the author or source of the work.
Plagiarism includes, but is not limited to, the use of another's words, ideas, opinions, theories or data.
The matter of plagiarism is nuanced, and understanding the different forms it can take will empower you to develop relevant competencies to avoid plagiarising, and produce a high standard of work. As a student you need to take responsibility for your own academic work, and ensure that you submit work that is your own.
There are several types of plagiarism, including:
Direct plagiarism: This form of plagiarism refers to the direct usage of another’s work in your submission. If you directly duplicate material without attributing it (by including in-text and bibliography references), you are committing direct plagiarism.
Accidental plagiarism: While direct plagiarism is an intentional act, accidental plagiarism is unintentional and is a result of failing to properly cite your sources (by including in-text references in your work and full references in the bibliography). Be sure to attribute all sources that you have drawn from.
Mosaic plagiarism: This kind of plagiarism is a result of patching together numerous sources, without citation, to create a unique, if not original, piece of work. It is important to indicate all sources used in both in-text and bibliographic references.
For more information, read Plagiarism.org’s article and on how to avoid plagiarism in your writing.
Your response: I have read and accept the above terms and conditions
Additional Terms & Conditions
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us using the contact details provided below to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.3.1 You are an individual.
1.3.2 You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are The Humblebrag Agency Limited, a company established in New Zealand, and registered business address is in Auckland, New Zealand.
2.2 How to contact us. You can contact us writing to us at [email protected].
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us in your order.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or service, or because we are unable to meet a delivery deadline.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR RIGHTS TO MAKE CHANGES
4.1 Minor changes to the products or services. We may change the products or services without prior notice:
4.1.1 to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product or service.
4.1.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
5. PROVIDING THE PRODUCTS OR SERVICES
5.1 When we will provide the products or services. During the order process we will let you know when we will provide the products or services to you. If the products or services are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
5.1.1 If the products are one-off services. We will begin the services on the date set out in the order. The estimated completion date for the services is as told to you during the order process.
5.1.2 If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
5.1.3 If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract or we end the contract by written notice to you.
5.2 We are not responsible for delays outside our control. If our supply of the products or services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. We are not liable for any compensation should the service provider of The Humblebrag products (which is Thinkific, registered at 400 - 369 Terminal Ave, Vancouver, BC V6A 4C4, Canada at the time of writing of this document) fail to comply with their obligations as service provider.
5.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products or services to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products or services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.4 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
5.4.1 deal with technical problems or make minor technical changes; or
5.4.2 update the product or service to reflect changes in relevant laws and regulatory requirements.
5.5 Your rights if we suspend the supply of products or services. We will contact you in advance to tell you we will be suspending supply of the product or service, unless the problem is urgent or an emergency that requires immediate attention. If we have to suspend the product for longer than four (4) weeks in any three (3) month period we will adjust the price so that you do not pay for products or services whilst they are suspended. You may contact us to end the contract for a product or service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than four (8) weeks and we will refund any sums you have paid in advance for the product or service in respect of the period after you end the contract.
5.6 We may also suspend supply of the products or services if you do not pay. If you do not pay us for the products or services when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the products or services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products or services. We will not suspend the products or services where you dispute the unpaid invoice. We will not charge you for the products or services during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.
5.7 The access to our digital services/products is time limited. We believe that students' commitment is the way to go to get the best results out of our online products. You have 5 weeks from the date you start the course. We will send you weekly reminders to keep you informed. Although time extensions are not permitted, we reserve all the rights to evaluate at our own discretion the possibility of extending the access to the course to students with proven emergencies.
6. YOUR RIGHTS TO END THE CONTRACT
6.1 You can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at sub-clauses 6.2.1 to 6.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
6.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
6.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
6.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
6.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four (4); or
6.2.5 you have a legal right to end the contract because of something we have done wrong.
6.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. You have the right to exert your rights to receive a refund only if you haven’t started to use our digital products, which means you haven’t accessed The Humblebrag digital platform. Access The Humblebrag digital services, will imply you have evaluated the product you bought and therefore the cooling off period will be considered automatically terminated.
6.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
6.4.1 digital products after you have started to download or stream these; and
6.4.2 services, once these have been completed, even if the cancellation period is still running.
6.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
6.5.1 Have you bought service? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
6.5.2 Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at the contact details above. Please provide your name, email address, and details of the order.
7.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
7.3 When we may make deductions from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
7.4 When your refund will be made. We will make any refunds due to you within 90 days of your telling us you have changed your mind.
7.5 Refunds are subject to the terms and conditions of financial providers, payment platforms and banks we use to manage payments. The Humblebrag cannot be responsible for delays and or damages generated by said third parties.
8. OUR RIGHTS TO END THE CONTRACT
8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
8.1.1 you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due; or
8.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products or services.
8.2 You may have to compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us by emailing us at [email protected].
10. PRICE AND PAYMENT
10.1 Where to find the price for the product. The price of the product (which includes applicable VAT/GST) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
10.2 We will pass on changes in the rate of the applicable VAT/GST. If the rate of VAT/GST changes between your order date and the date we supply the product, we will adjust the rate of VAT/GST that you pay, unless you have already paid for the product in full before the change in the rate of VAT/GST takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and end the supply of any products or services provided to you.
10.4 When you must pay and how you must pay. We accept payment with credit and debit cards via Stripe. You must pay for all products and services in full before you download, stream or otherwise access the content.
10.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
10.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the annual rate of five per cent (5%) above the base lending rate of the European Central Bank. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know by sending an email to [email protected]. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products or services which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.
11.3 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
11.4 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
12.1 Nothing in these terms shall limit or exclude our liability for:
12.1.1 fraud or fraudulent misrepresentation;
12.2 Subject to clause12.1:
12.2.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
12.2.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products or services under such contract.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within seven (7) days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and The Humblebrag. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by New Zealand law and you can bring legal proceedings in respect of the products in the New Zealand courts.
14.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New Zealand which shall have exclusive jurisdiction to settle any such dispute or claim.
Your response: I have read and accepted the entire content of the terms and conditions presented in this document.