<img height="1" width="1" style="display:none" src="https://www.facebook.com/tr?id=867861476682008&amp;ev=PageView&amp;noscript=1">

Website Terms of Use

 

1. APPLICATION OF TERMS

1.1     These Terms apply to your use of the Website. By accessing and using the Website:
 
a     you agree to these Terms; and
 
b     where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
 
1.2     If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

 

2. CHANGES

2.1     We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
 
2.2     We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
 
2.3     These Terms were last updated on 31st January 2017.  
 
 
3. DEFINITIONS
 
In these Terms:
 
including and similar words do not imply any limit.
 
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
 
personal information means information about an identifiable, living person.
 
Terms means these terms and conditions titled Website Terms of Use.
 
Underlying System means any network, system, software, data or material that underlies or is connected to the Website.
 
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website.
 
We, us or our means the Edmund Hillary Fellowship Limited. 
 
Website means www.ehf.org.
 
You means you or, if paragraph 1.1b applies, both you and the other person on whose behalf you are acting.

 

4. YOUR OBLIGATIONS

4.1     You must provide true, current and complete information in your dealings with us (including when setting up an account).
 
4.2     If you are given a User ID, you must keep your User ID secure and:
 
a     not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
 
b     immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to privacy@ehf.org.
 
4.3     You must:
 
a     not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
 
b     unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
 
4.4     You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

 

5. INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.


6. DISCLAIMERS

6.1     To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
 
a     the Website being unavailable (in whole or in part) or performing slowly;
 
b     any error in, or omission from, any information made available through the Website;
 
c     any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
 
d     any site linked from the Website.  Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
 
6.2     We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

 


7. LIABILITY

7.1     To the maximum extent permitted by law:
 
a     you access and use the Website at your own risk; and
 
b     we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
 
7.2     Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD$
 
7.3     To the maximum extent permitted by law and only to the extent paragraphs 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD$1.

 

8. PRIVACY POLICY  

8.1     You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
 
8.2     When you provide personal information to us, we will comply with our privacy and data protection policy at www.ehf.org/privacy and the Privacy Act 1993 (New Zealand).
 

 

9. SUSPENSION AND TERMINATION

9.1     Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
 
9.2     On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
 

 

10. GENERAL

10.1     If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
 
10.2     These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
 
10.3     For us to waive a right under these Terms, the waiver must be in writing.
 
10.4     If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
 
10.5     These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.  

Edmund Hillary Fellowship Application Terms

 

1. APPLICATION OF TERMS

These Terms apply if you submit an Application (as defined below). By submitting an Application, you agree to these Terms. Any terms or conditions you may include in your Application will have no effect.

 

2. CHANGES

2.1     We may change these Terms at any time by posting a notice on the Website. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms. By submitting an Application or further Application Materials from the date on which the Terms are changed, you agree (or confirm your agreement, as the case may be) to be bound by the changed Terms.
 
2.2     These Terms were last updated on 31, January 2017.
 
 
3. INTERPRETATION
 
In these Terms:
 
Application means an application for a Fellowship submitted electronically via the Website at www.ehf.org
 
Application Materials means all information and materials submitted as part of your Application, including any additional information or materials submitted in accordance with paragraph 5.9 or provided to us in connection with your Application in any other way.
 
Application Fee means the applicable fee on the Website at www.ehf.org, as may be updated from time to time.
 
EHF, we, us, or our means Edmund Hillary Fellowship Limited, New Zealand company number 6112633.
 
EHF Partners means the Hillary Institute of International Leadership (a New Zealand registered charitable trust), Immigration NZ and Kiwi Connect Limited (a New Zealand company).
 
Fellow means a person who has been formally accepted by EHF for a Fellowship. 
 
Fellowship means an Edmund Hillary Fellowship, as further described on the Website. 
 
 
Immigration NZ means Immigration New Zealand, the New Zealand Government agency (a division of MBIE) that manages immigration to New Zealand, including the issuing of Global Impact Visas.
 
MBIE means New Zealand Government Ministry of Business, Innovation and Employment.
 
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
 
a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
 
personal information means information about an identifiable, living person.
 
Privacy Policy means our privacy and data protection policy at www.ehf.org/privacy.
 
Terms means these terms titled Edmund Hillary Fellowship application terms.
 
Underlying System means any network, system, software, data or material that underlies or is connected to the Website.
 
User ID means a unique name and/or password allocated to you to allow you to submit and manage your Application and Application Materials.
 
Website means the internet site at www.ehf.org.
 
Words in the singular include the plural and vice versa.
 
A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
 
 
4. INFORMATION ABOUT THE FELLOWSHIP
 
4.1     Details of the Fellowship, including the application process and the selection criteria are set out on the Website. Please review the information on the Website in detail before submitting an Application. 
 
4.2     You acknowledge that there are a limited number of Fellowships available each year and in each application round, and that acceptance into a Fellowship is a competitive process and is not guaranteed.
 
4.3     You acknowledge that you will not receive any funding from EHF or any EHF Partner as part of the Fellowship. This does not limit your ability to raise funds from other parties in accordance with applicable New Zealand laws.  Generally, Fellows are expected to have access to maintenance funds to support themselves in their first year in New Zealand.  A limited number of scholarships may become available in the future for those who do not have sufficient maintenance funds or earning potential to live for a year in New Zealand.  For further information, please see the Website. 
 
4.4     If you are not a New Zealand resident or citizen, you acknowledge that you will not be eligible for a Fellowship without also meeting the requirements of, and obtaining, a Global Impact Visa. You cannot obtain a Global Impact Visa without being offered a Fellowship.
 
4.5     All communications relating to the Fellowship, including the application process, or requests for clarification or further information, should be emailed to applications@ehf.org. We reserve the right to amend the Website to include any clarification or further information provided to any person directly.

 

5. SUBMITTING AN APPLICATION

5.1     Applications must be submitted electronically via the Website at www.ehf.org. Applications will not be accepted in any other way.
 
5.2     Applications for each application round must be submitted by the closing date for that application round set out on the Website.
 
5.3     If you submit an Application after the closing date for an application round, we will review that Application as part of the subsequent application round, unless you state otherwise in your Application or withdraw your Application as set out in these Terms.
 
5.4     You will need to create a user account using your legal name to submit an Application. You must create a single user account only.
 
5.5     You may submit a single Application only for each application round.
 
5.6     You may submit Applications for more than one application round. There is no guarantee of being accepted for any particular round.
 
5.7     You are required to provide a video submission as part of your Application, by way of a link to a video hosting site such as Youtube. You are responsible for ensuring that we can access your video submission via the link you provide to us.  You may choose to make your video publicly available, or accessible through a hidden link.
 
5.8     We may, at any time, ask you to clarify or provide additional information about any aspect of your Application. You must endeavour to respond to these requests in a timely manner.  We may take your clarifications and additional information into account in evaluating your Application.
 
5.9     Once you have submitted an Application, you may upload additional Application Materials only:
 
a     in response to a request from us under paragraph 8; or

b     if your circumstances change materially, with a potential to materially impact your Application (including where your Application may be liable to be eliminated under paragraph 14.1).

5.10     Additional Application Materials provided by you other than as set out in paragraph 9 will not be considered as a part of your Application.
 
5.11     You may not change any Application Materials after you have submitted them to us.
 
5.12     We may decide to defer evaluation of your Application to an application round other than the round that you have applied for. In this case, you will not be required to submit a further Application.  We may however ask you for additional information about any aspect of your Application that may have changed since you submitted the Application. Paragraph 8 will apply to any such request.
 
5.13     All Application Materials must be in English. If you wish to provide a translation of any document (or part of a document) that is not in English, you must include, with that document, the name of the translator and a copy of the original (untranslated) document.
 
5.14     If you regard any of the information in your Application Materials as commercially sensitive, you should clearly mark it as such. As set out in the Privacy Policy, if we decide to offer a Fellowship to you, we will provide the information in your Application to Immigration NZ, but we will not provide information in your Application that you have marked as commercially sensitive to Immigration NZ without your consent.

 

6. FEES

6.1     You must pay us the Application Fee for each application round for which you submit an Application, at the time you submit the Application.
 
6.2     If we defer your Application under paragraph 12, no additional Application Fee is payable.
 
6.3     Application Fees are non-refundable, except to the extent required to be refunded by law or in accordance with our agreements with Stripe and Paypal, our payment service providers (see https://stripe.com/nz/legal and https://www.paypal.com/ad/webapps/mpp/ua/useragreement-full for more details).
 
6.4     Application Fees are charged in New Zealand dollars. If the credit or debit card you use is not a New Zealand dollar credit card, the final charge will be converted to the currency of your credit card at the card provider’s going rate, and your card provider may charge additional fees. If we display the Application Fee on the Website in any currency other than New Zealand dollars, this is indicative only and we are not liable if the final amount charged to your card differs from the displayed amount. 
 
6.5     If you apply for a Global Impact Visa, a separate application fee for the Global Impact Visa will be payable to Immigration NZ.
 
6.6     There are limited scholarships available to subsidise Application Fees. For further information, please see the Website. 

 

7. WITHDRAWING AN APPLICATION

7.1     You may withdraw your Application through the user account you used to lodge your application on www.ehf.org, and by following instructions provided on the application portal.
 
7.2     If you withdraw your Application, you may resubmit your Application in a subsequent application round.

 

8. PROCESSING APPLICATIONS

8.1     The timing of the application review for each application round will be published on the Website. We reserve the right to change our timeframes. If we have to make changes to our timeframes or other aspects of the application process, we will publish a notice on the Website and notify all applicants that we consider are affected by the changes. 

8.2     You agree to carry out at least one video interview with us as part of our evaluation of your Application, if we ask you to do so. You acknowledge that not all applicants will be offered an interview.

8.3     You acknowledge and agree that we may undertake due diligence of your Application as follows:
 
a     We may conduct reference checks, background checks, and online research about you.
 
b     We may directly contact relevant third parties (such as your current and previous employers, business associates, and educational institutions where you have studied and/or worked). You authorise us to collect additional information from any such third party and to use that information as part of our evaluation of your Application.

c     We may consult experts on the contents of your Application, your experiences, your intended projects in New Zealand, and previous and current financial and business dealings. You authorise us to do so, and to verify the information you provide, using third party sources.
 
8.4     You must ensure that all referees listed in support of your Application agree to provide a reference.

8.5     In deciding whether to shortlist and/or select you we may take into account any of the following:
 
a     the results from our due diligence;

b     any matter that materially impacts on our trust and confidence in you; and

c     any relevant information that we may have in our possession.

 

9. FELLOWSHIPS

9.1     If you are selected for a Fellowship, we may allocate you to a Fellowship cohort at our discretion. You acknowledge that this may not be the cohort for which you have applied.
 
9.2     If we offer you a Fellowship, final acceptance into the Fellowship programme may be subject to further requirements, including
 
a     if you are not a New Zealand resident or citizen, obtaining a Global Impact Visa; and
 
b     agreeing to the Fellowship code of conduct and any other terms and conditions that apply to Fellowships.
 
9.3     A Fellowship will only come into effect if and when we notify you in writing you that you have met all requirements for Fellowship and have been accepted to the Fellowship programme.

 

10. YOUR OBLIGATIONS

10.1     You are responsible for satisfying yourself as to the requirements of the Fellowship application process and programme. You should carefully review the Website, any information referenced in the Website and any other information we provide.
 
10.2     You are responsible for obtaining any independent advice you require before submitting an Application.
 
10.3     You must:
 
a     complete and submit your Application and Application Materials yourself, without assistance from any third party (except to the extent this is required due to disability); and
 
b     satisfy yourself as to the correctness and sufficiency of your Application.
 
10.4     You are responsible for all costs associated with preparing and submitting your Application, and all costs associated with satisfying any requirements to obtain a Fellowship.
 
10.5     You must provide true, current and complete information in your dealings with us (including in all Application Materials). You must let us know if your circumstances change materially, with a potential to impact your Application (including where your Application may be liable to be eliminated under paragraph 14.1).
 
10.6     All information you provide to us (including in all Application Materials) must be consistent with the information you provide to Immigration NZ.
 
10.7     You must keep your User ID secure and:
 
a     not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
 
b     immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to applications@ehf.org.
 
10.8     You must not:
 
a     impersonate another person or misrepresent authorisation to act on behalf of others or EHF;
 
b     make any representation to any person relating to the Fellowship programme, the application process (including the progress of your Application), EHF or EHF Partners, except with our prior written approval;
 
c     contact any EHF or EHF Partner personnel in relation to your Application, other than as set out in the Terms and in accordance with the Global Impact Visa application process;
 
d     attempt to influence or provide any form of personal inducement, reward or benefit to any EHF or EHF Partner personnel;
 
e     act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System;
 
f     attempt to view, access or copy any material or data other than that which you are authorised to access; or
 
g     transmit, input or store anything as part of your Application, that breaches any third party right (including intellectual property rights and privacy rights) or is Objectionable, incorrect or misleading.
 
10.9     We reserve the right to require additional declarations, or other evidence from you or any other person, throughout the application process to ensure probity of the application process.
 
10.10     You are responsible for procuring all authorisations and consents required for you to submit your Application and all Application Materials, and for us to process your Application and Application Materials in accordance with these Terms.
 
10.11     By submitting an Application, you warrant that all Application Materials are complete and accurate in all respects and are not Objectionable, incorrect or misleading (including by omission). You also warrant to us that the provision of the Application Materials to us, and the use of the Application Materials by us for the evaluation of your Application, will not infringe the rights of any third party (including intellectual property rights and privacy rights). You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Application Materials infringe the rights of that third party (including intellectual property rights and privacy rights) or that the Application Materials are Objectionable, incorrect or misleading.

 

11. OUR RIGHTS

11.1     We have sole discretion to make a decision to reject, short-list or accept your Application. All decisions on acceptances, shortlisting and rejections are final and cannot be challenged or appealed in any way.
 
11.2     Despite anything in these Terms or on the Website, we reserve the right in our sole discretion to:
 
a     change these Terms as set out in paragraphs 1;
 
b     change the Application questions, Application process and selection criteria;
 
c     change the Application Fees and any other charges on the Website;
 
d     reject all or any Application and not accept any Application;
 
e     apply, or change, and give whatever weighting we wish to, any policy or criteria relating to the application process or any subsequent process or evaluation of responses (including, without limit, to the selection criteria);
 
f     amend the closing date for any application round by notice on the Website; or
 
g     suspend or cancel any application round or the Fellowship programme as a whole by notice on the Website.

 

12. INFORMATION HANDLING AND INTELLECTUAL PROPERTY

12.1     In accessing, collecting, holding, processing or distributing any personal information, including your Application Materials, we will comply with:

a     our Privacy Policy; and

b     the Privacy Act 1993 (New Zealand), applicable codes under that Act, and other applicable privacy and data protection laws.

12.2     You acknowledge and agree that, if you are shortlisted or accepted for a Fellowship, we will provide personal information about you (including your Fellowship Application) to Immigration NZ, as set out in the Privacy Policy. For further details, please see the Privacy Policy at www.ehf.org/privacy

12.3     You acknowledge and agree that, if you are accepted for a Fellowship, MBIE may contact you using the contact information you have provided to us to send you surveys and invite you to participate in interviews, workshops and other evaluation activities, for MBIE’s research and programme evaluation purposes. The information gathered through these activities will not affect your Global Impact Visa. 


12.4     You acknowledge and agree that to the extent the Application Materials contain personal information about people other than you, you must obtain all necessary consents from the relevant individual to enable us to collect, use, hold, process and distribute that information in accordance with these Terms and our Privacy Policy.

12.5     Subject to paragraph 6, title to, and all intellectual property rights in, the Website, and all Underlying Systems is and remains the property of EHF (and its licensors). You must not dispute that ownership.

12.6     Intellectual property rights in your Application Materials will not pass to us. However, by submitting an Application, you license us to use, copy, adapt, modify and reproduce your Application Materials for the purpose of evaluating your Application.

 

13. DISCLAIMERS

13.1     We make no representation and give no warranty as to the accuracy or completeness of any information we have or will provide in connection with the Fellowships or the application process. We accept no liability on account of errors in any statements made or information provided, including on the Website.
 
13.2     Nothing contained or implied in these Terms, or the application process, or any other communication by us to you will be construed as legal, financial or other advice.
 
13.3     To the extent permitted by law, EHF, EHF Partners and EHF and EHF Partner employees, subcontractors and agents will not be directly or indirectly liable (whether in contract, tort or otherwise) to you or any other person for any damage, loss or cost arising from or in connection with the application process or these Terms. To the extent that liability cannot be excluded, the maximum aggregate liability of the liable party is NZD$1.
 
13.4     Without limiting paragraph 3 EHF, EHF Partners and EHF and EHF Partner employees, subcontractors and agents will not be directly or indirectly liable (whether in contract, tort or otherwise) to you or any other person if you are offered a Fellowship but are rejected for a Global Impact Visa.

 

14. DISQUALIFICATION

14.1     We may eliminate your Application from the application process, or withdraw an offer of a Fellowship, if we have evidence of any of the following, which we consider to be material:

a     You breach any of these Terms.
 
b     We do not receive payment of the Application Fee, or payment is subsequently reversed.
 
c     You fail to provide all information requested, or in the correct format.
 
d     You do not respond adequately to request for clarification or additional information, or within a reasonable time.
 
e     Your Application or any other Application Materials:
 
i     contain a material error, omission or inaccuracy;
 
ii     are misleading; or
 
iii     are not consistent with the information you provide to Immigration NZ.

f     You are bankrupt or have failed to pay taxes.
 
g     You have been convicted of a serious crime or offence.
 
h     There is any misconduct or act or omission on your part which adversely reflects on your integrity, or which could adversely reflect the integrity of the Fellowship programme or the Global Impact Visa if you were to be offered a Fellowship.
 
i     You represent a threat to the national security of New Zealand.
 
14.2     If we eliminate your Application from the application process or withdraw an offer of a Fellowship under paragraph 14.1, we may also provide the specific disqualifying details to Immigration NZ. You acknowledge that this may result in Immigration NZ rejecting your visa application, or (if you have already been issued a visa) cancelling your visa.

 

15. GENERAL

15.1     Except as set out in paragraphs 3 and 13.4, no person other than you and us has any right to a benefit under, or to enforce, these Terms.
 
15.2      us to waive a right under these Terms, that waiver must be in writing and signed by us.
 
15.3     If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
 
15.4     These Terms, and any dispute relating to these Terms or the application process, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with these Terms or the application process.
 
15.5     If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.