Terms and Conditions
Participation in XLabs 2021/22
By accepting your place at XLabs or participating at XLabs you are deemed to agree to all Circularity Limited’s (Circularity) Terms and Conditions set out below in full. You must not accept your place or participate at XLabs if you have any objection to any of these Terms and Conditions.
For the purposes of these terms and conditions reference to XLabs includes all assets and materials such as the online learning program, its workbooks, resources, images, videos, the XLabs website, case studies, design sprint exercises and coaching programs. All these elements are the property of Circularity and are provided to each individual or business for the sole purpose of reducing environmental impact by designing and validating a circular solution.
Launching October 2021, XLabs 2021/22 will be held across three distinct streams: LEARN, LIVE and COACH. (Dates are subject to change at any point):
LEARN: OPEN Mid-October 2021 and isan on-going online course to explore how the circular economy can be practically applied to your business and today's environmental challenges, from real-world practitioners.
LIVE: 9-5pm, 23rd - 27th May 2022 – An in-person circular design sprint to advance ideas developed in the LEARN programme and turn them into validated solutions.
COACH: May 2022 – A wrap-around coaching service including monthly engagement from Circularity and friends to support solution implementation.
All dates are subject to change.
To join LIVE and COACH requires a team of between 3-6 people from within your business to have completed the LEARN program by May 2022 to be eligible. Only 20 places are available in LIVE and COACH, and require approval by Circularity and its partners.
Accepted applicants are not permitted to transfer their place at XLabs to another person without the express consent of Circularity and its partners. If you are unable to attend due to unforeseen circumstances please advise us as soon as possible on [email protected]
Circularity’s expectation is that team members are core members of the participating business. Third party service providers can be included only with Circularity’s prior approval.
For the avoidance of doubt, Circularity reserves the right to change the design or content of XLabs and its components.
PRICING AND PAYMENT
The fees for XLabs are as follows: LEARN: $399 per person, LIVE: $10,000 per team (3-6 people), COACH: $3,000 per Team (3-6 people). At launch you will be able to purchase a place in the LEARN online programme or the “full package” of products (limited to 12 at launch) at $15,000 for teams of 3-6 people to reserve their place across the entire programme (LEARN+LIVE+COACH). All prices are in New Zealand Dollars and are exclusive of any Goods and Services Tax, unless stated to be otherwise. All prices are correct when published and Circularity reserves the right to alter prices at any time.
On acceptance of your application to participate at XLabs, you will be emailed instructions to join XLabs and make your purchase via our website. Purchase can be made using a credit card via a Stripe payment integration at checkout. If this is not possible, you may email us at [email protected] and an invoice will be emailed to your supplied email address. If your application is accepted your invoice is payable on or before the 20th of the month of invoice (“the Payment Date”). In the event you fail to pay your invoice in full by the Payment Date then Circularity will be entitled at its sole and absolute discretion to either withdraw its acceptance of your application or to charge you default interest at a rate of 18% compounding on a daily basis on any outstanding balance due and payable.
Where you have purchased one of the 12 advance release Full Package places we cannot offer a refund (for any portion of the programme) if you change your mind or cannot participate.
If any part of the XLabs programme cannot go ahead for any reason you will be entitled to receive a partial refund for the relevant portion less Circularity’s actual expenses incurred.
ACCESS TO LEARN
Access to the LEARN Online course is via a unique username and password on our learning platform Kajabi at https://xlabs-learn.mykajabi.com/. Users may not share their login access to the LEARN course, and access is granted for use by one person only. Circularity does not guarantee access or service up-time for its websites and this programme or its features.
ACCESS TO LIVE
XLabs LIVE is planned for w/c 23rd May 2022 in Auckland, Tāmaki Makaurau. Travel and accommodation costs are not included in the fee. If we are unable to meet in person due to COVID-19 we will either move the date to another week when we can gather or alternatively we will go ahead using online digital tools (at Circularity’s discretion, after consulting with participants).
The XLabs 2021/22 program has been designed to continue throughout NZ’s traffic light levels of ORANGE AND GREEN — with a number of adjustments and considerations specifically for XLabs LIVE:
- Numbers attending the XLabs LIVE week may be limited to under 100 people.
- The XLabs LIVE venue allows for teams to be in separate rooms at request to reduce numbers and social distancing.
- Each room is set up with AV, screens and desks to allow for the teams to hear and see speakers across the full venue.
- Scheduled breaks as needed to create space for teams.
- Option for team members to work remotely with their team via zoom/teams for individuals self-isolating.
- Circularity team members and experts can present/facilitate via zoom/teams as needed.
- Public health best practice will be adhered to including masks, social distancing and hygiene measures as per the latest Ministry of Health recommendations.
In the event of Auckland being at COVID-19 level RED, we will need to postpone our LIVE event.
If we are unable to meet these dates in person, we will operate online with a range of optional outdoor activities for under 100 people during the week of May 23rd.
To Circularity’s knowledge, XLabs is Auckland’s and New Zealand’s first circular economy lab that enables businesses to come together to solve systemic issues and unlock new value. This is a kick-start to move the Auckland economy forward, to become more regenerative and to ensure its people are future ready. As part of this kick-start, Circularity and its partners would appreciate your support in sharing the event externally with others.
Circularity encourages you to spread the word about your participation in XLabs and is happy for you to use your participation in XLabs in your own marketing material, at conferences and internally in your own company presentations or on your website. However, you may not use Circularity’s or any other participant’s intellectual property or confidential information. Your obligations relating to protection of intellectual property and Confidential information are set out in the relevant clauses below. If you are unsure about information you can and cannot use please contact Circularity.
By agreeing to these Terms and Conditions you acknowledge that your image and story were heard by Circularity and its partners at XLabs. They may be used by Circularity and its partners to produce marketing content and case studies to distribute via social media and other marketing channels. Circularity may share summaries of concepts that have arisen during the programme with the media. Any material Circularity publishes will not include any participant’s intellectual property or Confidential information.
YOUR RESPONSIBILITIES AND OBLIGATIONS
You agree that you are responsible for all your own activities, conduct and communication while participating at XLabs.
When participating in XLabs you agree that:
(a) you will not use XLabs or its content for any illegal or unauthorised purpose or in violation
of any applicable laws or regulations or otherwise in violation of the legal rights (including the right of privacy) of any third party;
(b) you will not install any recording or communication device at XLabs without the consent of Circularity and its partners;
(c) you will not hold yourself out as a representative of XLabs, Circularity or any of its
partners or attempt to assume any obligations on behalf of XLabs, Circularity or any of its partners;
(d) you will not disclose, commercialise or otherwise use any Confidential Information provided to you in the course of your participation at XLabs, other than for purposes authorised by the discloser of the Confidential Information;
(e) you will not make any disparaging remarks or comments about XLabs, Circularity or any of its partners or otherwise do anything that may be potentially detrimental to XLabs’, Circularity or any of its partners or affiliates or an XLabs participants’ reputation;
(f) the premises where XLabs is held are to be used solely by you for activities permitted by Circularity and its partners and you will respect the premises and take good care of Circularity’s or any of its partners’ or affiliates’ property at all times; and
(g) you will comply with all reasonable requests or directions of Circularity or any of its employees or contractors at all times.
(h) you will not copy, replicate or sell any XLabs materials, resources, workshop exercises outside of the XLabs program.
You agree that Circularity or any of its partners or affiliates may prohibit or halt any activity at XLabs which they deem in their opinion to be objectionable, dangerous or unlawful or which is potentially detrimental to XLabs’, Circularity or any of its partners or affiliates or an XLabs participants’ reputation. Circularity or any of its partners or affiliates reserve the right to immediately remove individuals from participation at XLabs in instances of a breach of these Terms and Conditions.
You are responsible for rectifying any damage you cause to the premises where XLabs is held, or Circularity’s or any of its partners’ or affiliates’ property caused by you.
If you fail to make any payment or pay any damages in accordance with these Terms and Conditions, you will be liable for any reasonable costs incurred by Circularity or any of its partners or affiliates in recovering the debt (including any legal fees, bank fees, collection agency charges or any other reasonable costs).
XLabs is not responsible nor liable for your personal belongings while you participate.
The purpose of XLabs is to create a series of collaborative learning programmes and workshops at the necessary intersection of sustainability, technology and science. Where an XLabs participant has a specific challenge related to its own business and it collaborates with its team to find a solution or solutions to that specific challenge then it is agreed that the intellectual property associated with that collaboration and any solutions developed are to be solely owned by that XLabs participant.
If an XLabs team collaborates together to solve an existing challenge not uniquely related to any one team members’ business then it is agreed that it is the responsibility of the teams to determine and agree the intellectual property associated with that collaboration and any solutions developed.
All intellectual property rights with respect to XLabs, Circularity’s Circular By Design methodology and any associated processes or documentation and text created by XLabs or on its Website (IP Rights) are the sole property of Circularity or its partners (or third party intellectual property licensors to Circularity or its partners where applicable) and may not be used or reproduced in full or in part without the written consent of the owner of the relevant IP Rights.
Subject to the above, all Intellectual Property Rights remain the property of the owner. You acknowledge and agree that these Terms and Conditions and your participation at XLabs does not grant you any Intellectual Property Rights, by licence or otherwise other than those set out in these Terms and Conditions.
All trade marks, service marks and trade names of XLabs, Circularity and its partners used on the XLabs Website or at XLabs are trademarks or registered trademarks of Circularity or its partners.
You acknowledge and agree that during your use of the XLab Website and your participation at XLabs you may be exposed to information, in whole or in part, that is disclosed by Circularity, or any of its partners, employees, affiliates or agents, another XLabs participant or a third party which is confidential or proprietary in nature (“Confidential Information”). Confidential Information includes, but is not limited to: information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of documents, any analyses, compilations, studies or other documents or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential.
By using the XLab learning program/Website or participating at XLabs you agree to:
(a) maintain all Confidential Information in strict confidence;
(b) not disclose Confidential Information to any third party without the consent of the disclosing party or parties;
(c) and not use Confidential Information in any way directly or indirectly detrimental to Circularity, any of its partners, other XLabs participants or any third party.
You agree that each individual from your business who attends XLabs will sign a non-disclosure agreement on the first day of attendance to confirm they individually agree to keep Confidential Information confidential.
If your application to participate at XLabs is accepted you will be asked to supply certain information relevant to your registration and participation at XLabs, including, but not limited to: your name, phone number, email address, physical address, billing or purchase information, industry sector and challenges your business wishes to overcome.
We collect your personal information in order to keep you updated about XLabs and Circularity events and updates, and to grant access to the XLabs programme, or its individual parts (LEARN, LIVE, COACH).
Providing some information is optional. If you choose not to enter personal, business or payment information, we'll be unable to grant access to XLabs.
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at [email protected]
By accepting these Terms and Conditions you give permission for Circularity / Auckland Unlimited to use your registration information to contact you about events and relevant information that may be of interest, and to carry out surveys to improve the running of XLabs and future events. You may choose to unsubscribe to these.
XLabs’ intent is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through to complete your online-learning and your collaboration with others. Circularity and its partners do not predict or guarantee that you will achieve a particular result or desired outcome from your participation at XLabs and you accept and understand that results will differ for each business. You fully agree that there are no guarantees as to the desired outcomes or results you can expect from your attendance at XLabs and that you are only given an opportunity to pitch for funding and the success of that pitch is in no way guaranteed.
The XLabs Website, and the materials or information on this Website, and XLabs, and the materials or information on, prepared for or related to XLabs, are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible under the applicable law, Circularity and its partners disclaim all warranties, express or implied, including, but not limited to, implied warranties of any desired outcomes, potential efficiencies or profits, fitness for a particular purpose or funding. Circularity and its partners do not make any warranties or representations regarding the use of the materials or information on the XLabs Website or in relation to or at XLabs in terms of the correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise of the materials or information.
Any profits, efficiencies, capabilities, opportunities for funding or examples shown throughout the XLabs website or in relation to or at XLabs are only estimates of what might be possible now or in the future. There can be no assurance as to any particular financial outcome based on the use of this Website or participation at XLabs. You agree that Circularity and its partners are not responsible for your profits, the success or failure of your personal or business decisions. Your ability to obtain funding, or any other result of any kind that you may have as a result of information presented to you on or through the XLabs website or as part of XLabs.
NO LEGAL OR FINANCIAL ADVICE GIVEN
Circularity and its partners, associates, employees and consultants are not lawyers, accountants or financial advisors, nor do they hold themselves out to be. The information contained in the Website and in relation to or at XLabs is not intended to be a substitute for legal or financial advice that can be provided by your own lawyer, accountant or financial advisor and you agree that the materials or information on the XLabs website or in relation to or at XLabs is not legal or financial advice.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, Circularity and its partners exclude all liability and responsibility to you (or any other person) in contract, tort (including negligence), equity, or
otherwise, for any loss, including consequential loss, or damage resulting, directly or indirectly, from any use of, or reliance on, the XLabs Website or XLabs.
In the event you suffer loss or damage as a result of Circularity or its partners’ acts or omissions that cannot at law be excluded under this limitation of liability then you agree to limit Circularity and its partners’ liability, whether in respect of any one incident or a series of connected incidents, to a maximum equivalent to the fee that you paid.
You agree to release, indemnify and hold harmless Circularity and any of its agents, consultants, affiliates, partners, employees, shareholders, directors, or anyone otherwise affiliated with the business from any and all claims, allegations, damages or losses suffered or incurred by Circularity and any of its agents, consultants, affiliates, partners, employees, shareholders, directors, or anyone otherwise affiliated with the business to the extent such claims, allegations, damages or losses arise out of or in connection with your:
(a) use of the XLabs Website or participation at XLabs;
(b) failure to comply with any of these Terms and Conditions; or
(c) infringement of any Intellectual Property Rights, privacy or other rights of a third party,
including but not limited to other XLabs participants, service providers for XLabs and licensors to XLabs.
Circularity provides its clients with support and a complaints handling procedure which it will use to try to resolve any dispute in the first instance. If you have any complaints or comments, please email Circularity at [email protected]
If any provision of these Terms and Conditions are or at any time become invalid, illegal or unenforceable under any enactment or rule of law such provision will to that extent be deemed not to form part of these Terms and Conditions but the validity and enforceability of the remainder of these Terms and Conditions will not be affected.
These Terms and Conditions, including any legal notices and disclaimers, will govern the rights and obligations of Circularity and its partners and you, and represent the entire agreement and understanding in respect of your use of this Website and your participation at XLabs and supersede all prior agreements and understandings with respect to the same.
By using this Website or participating at XLabs you are agreeing to all parts of these Terms and Conditions, including any legal notices and disclaimers. If you have any questions about these Terms and Conditions, including the disclaimer, please contact [email protected]
ENFORCEABLE BY THIRD PARTIES
Circularity’s partners and any other third parties who are described as having rights under these Terms and Conditions are entitled to enforce those rights in accordance with section 12 of the Contracts and Commercial Law Act 2017.
These Terms and Conditions Your use of this Website or participation at XLabs shall be governed by the laws of New Zealand and subject to the non-exclusive jurisdiction of the New Zealand Courts.
T+C's updated 1st February 2022