DISCOVER WELLBEING FOR LIFE™self-guided, wellbeing and personal development
to live a purposeful and fulfilling life
Open the Door Wellbeing platform is a powerful toolbox to unlock a flourishing life. Consisting of more than 20 simple and insightful programs, including over 100 engaging exercises, guides, practices, audio and video - all designed to help you take control of your life.
Developed by leading specialists in the fields of clinical and positive psychology, wellbeing science, education and mindfulness.
The knowledge you need, when you need it, anywhere, anytime (not available off-line). Designed for mobile-first as simple modules of learning where you set the course for discovery at your own pace.
Learn in bite-size chunks at your own pace. Start at any point you choose to enjoy self-guided learning, programme by programme that helps you build positive habits to grow your wellbeing.
Content is continually added to the 20+ programmes, more than 100 insightful exercises, videos, guides and audio. Truly a tool box for life.
Receive habit building, personalised notifications with responses tracked in your dashboard to show your own progress.
You’ll have access to our closed group community, where like-minded people can share experiences and you can inspire each other to put your discoveries into practice.
Open the Door is created with a whole-of-life approach; work & play; social and private. Giving you a pathway to learn, live and flourish.
We understand that the wellbeing of people is becoming as important as Health & Safety and Customer Experience when it comes to measuring the effectiveness of a progressive organisation.
So, Open the Door has been developed with businesses in-mind to provide a wellbeing platform that delivers in efficacy, is measureable and enabled to every employee on a personalised basis, cost-effectively and confidentially.
Open the Door assists employees to achieve a happier, more balanced life through its self-guided programmes designed to build greater self-understanding, create positive habits and therefore building resilience.
We believe it’s simple, companies that show they care about their employees end up with more engaged, resilient and happily employed people. That’s the type of company people want to work passionately for and people want to invest in.
Expand wellbeing with a powerfully simple, personalised, mobile first platform. Our programs unlock a world of self-learning, empowering the individual to take control of their own positive mental health and wellbeing.
Your platform dashboard delivers aggregated, privacy protected, wellbeing key metrics reporting for your total people base. Integrated assessment and tracking tools provide aggregated benchmarks for your organisation to measure your people base over time, Individual’s data is visible only to themselves.
Many studies around the world show that people who achieve whole-of-life balance become more resilient and better equipped to cope with stress, change and ill-being in both their personal and professional lives.
Our content can easily be integrated to enhance existing people development initiatives. Pick and choose any programs and exercises to amplify group training or individual development plans.
Open the Door’s SaaS model delivers wellbeing development effortlessly. Our platform is scalable across your local or global team and delivered at a cost-effective subscription rate per team member.
World Health Organisation defines Health as ‘a state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity.’ Most organisations invest in their peoples ‘Wellness’ but fail to extend their programmes to ‘Wellbeing’. A successful wellbeing strategy addresses employee’s physical, emotional and social wellbeing not just health, exercise and medical domains. The top global drivers of wellbeing initiatives are increased productivity, improved engagement and reducing absenteeism and presenteeism4.
Competition for talent is making recruitment and retention harder1. A LinkedIn study2 found ‘85% of the global workforce is actively or possibly looking for a new employer’. Whilst a Gallup3 study found that 60% of the workforce is ‘not engaged’ and a staggering 24% were ‘disengaged’. Sustainable business models need employees who are resilient, motivated, engaged and who care about the company they work for.
Higher levels of psychological wellbeing is directly associated with higher engagement. International research found wellbeing investment can increase employee engagement by 7% to 55%, This in turn has a direct relationship with work performance5.
Gallups 2016 meta-analysis shows business units with more engaged employees have better odds of achieving the outcomes the company wants – top-quartile vs bottom-quartile business results show +10% in customer engagement, +21% in profitability and +20% in productivity.
Wellbeing should be a key pillar in all employee engagement strategies.
Try your first three programs for FREE.
What is Happiness?
Who Am I?
Wheel of Life.
With over 20 self-guided programmes including more than 100 exercises, guides, practices, video and audio Open the Door is truly a comprehensive and powerful toolbox to guide your journey of personal and wellbeing development.
Wheel of Life
Who Am I?
What is Happiness?
*Unlimited access to all
Open the Door programmes
for 12 months. Billed annually.
*Unlimited access to all Open the Door
programmes for one month.
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To empower people everywhere to lead a flourishing life - happy, meaningful and worthwhile.
We believe in creative collaboration.
Positive energy is empowering, connecting and contagious.
Everyone has something to contribute.
We believe in conscious leadership.
Personal Development Coach and Co-Founder
Director and Co-Founder
Wellbeing Assessment Advisor
Chief Platform Officer
Mindfulness and Yoga Teacher
Interpersonal Communications Specialist
Wellness and Fitness Coach
Personal Finance Specialist and Author
Naturopathic Sleep Specialist
Yoga and Essential Oils Teacher
1. GENERAL INFORMATION
1.1 Open the door products
These Terms & Conditions (“Terms”) contain the terms and conditions by which we supply content, products or services listed on www.openthedoor.com (the “Website”), through our applications (the “Apps”), or via other delivery methods, to you (the Website and such content, products, services and the Apps are collectively referred to as the “Product” or “Products”). Please read these terms and conditions, carefully before ordering any Products from the Website or third party App stores. The terms “Open the door,” “us” or “we” refer to Open the Door Limited and any of its subsidiaries. The term “Device” refers to the device, which is used to access the Products including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.
Our contact email address is email@example.com. All correspondence to Open the door including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.
1.2 BASIS OF LICENCE
(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall take precedence.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing.
(c) As part of your use of the Products, and for the purposes of processing payments and tracking individual use of the products, you acknowledge that you understand and affirmatively consent to the processing and storage of your personal information (which may be hosted in other jurisdictions) and acknowledge that these other jurisdictions may not have the same level of protections for your personal information that exist in your country of residence, and you nevertheless consent to the processing and storage of your personal information by us wherever we determine is best for our business. We will take all measures as are required to comply with applicable law regarding the transfer, storage and use of your personal information.
1.3 CHANGES TO TERMS
Open the door reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.openthedoor.com. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email.
2. MEMBERSHIPS AND SUBSCRIPTIONS
2.1 BECOMING A MEMBER
(a) You may sign up as a registered user of the Products free of charge (a “Member”). To become a Member you need to go to the relevant section of the Products, then submit your email address to us, and create a username and password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.
(c) By placing an Order through the Products, you warrant that:
(i) You are legally capable of entering into binding contracts;
(ii) All registration information you submit is truthful and accurate;
(iii) You will maintain the accuracy of such information; and
(iv) Your use of the Products does not violate any applicable law or regulation.
2.2 ONCE A MEMBER
You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
2.3 USE OF OPEN THE DOOR BY MINORS
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms.
As an Open the door Member you will receive access to certain sections, features and functions of the Products that are not available to non-members.
By agreeing to become a Member you opt-in to receiving occasional special offers, marketing, survey and Product based communication emails. You can easily unsubscribe from Open the door commercial emails by following the opt-out instruction in these emails. Open the door memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
(a) Open the door account holders access the Product through a paid subscription, which gives access to all content, associated with that subscription. Additional content (live workshops, webinars etc.) may be available to you as an additional charge to your subscription, or as a one off charge. You can become a subscriber by purchasing a subscription to the Products within the Apps.
(b) Open the Door offers monthly and annual subscription options.
(c) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Open the door is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section 2.5(h) (the “Payment Method”) in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
(d) Our “Annual” subscriptions are paid for by an upfront one-off payment with automatic annual renewal. You acknowledge and agree that Open the Door is authorized to charge the Payment Method used for the initial annual subscription fee at the rate secured at the time of purchase. This includes discounted rates secured with a promotional offer. You must cancel your subscription before it renews in order to avoid billing of the annual renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
(e) You may cancel automatic renewals of your subscription at any time by emailing firstname.lastname@example.org.
(f) You agree to promptly notify Open the Door of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(g) In the course of your use of the Products, Open the Door and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card.
(h) Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We will confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order Number in all subsequent correspondence with us. Prices are in US dollars. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through Open the door.
2.6 DEVICE REQUIREMENTS
To enjoy Open the door via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website.
2.7 CORPORATE AND OTHER CONSUMER COMMUNITIES
Open the Door is a consumer products company, but we also provide Products to large consumer communities (corporations, government agencies, not for profit organisations etc.) (“Communities”) - to allow them to introduce the Products to their employees and members. In some cases, these Communities may supplement these Terms and with their own terms and conditions. In such event, these Community terms and conditions shall also apply to your use of Products. In the event of any conflict with such additional terms and these Terms shall prevail.
2.8 CHANGING FEES AND CHARGES
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Products. We will notify you at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing email@example.com.
3. CANCELLATION OF SERVICES
3.1 CANCELLATION BY YOU
(a) You may cancel a Monthly subscription or Annual subscription at any time. Cancellation is effective at the end of the applicable monthly or annual period. Please email your cancellation to firstname.lastname@example.org.
3.2 CANCELLATION BY US
We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes without limitation, the unauthorised copying or download of our audio or video content from the Products.
3.3 PROMOTION CODES
Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions.
4. PROHIBITED USE OF THE PRODUCTS
4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorised manner.
4.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
5. MATERIALS OFFERED THROUGH THE PRODUCTS
(a) All materials (including software and content whether downloaded or not) contained in the Products is owned by Open the Door (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited licence for use of such materials, you will not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
(b) Audio or video content from Open the Door not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.
(c) The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written licence to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorised use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products.
(d) A limited amount of content may be marked and authorised for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by Open the Door through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Open the Door grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content. (e) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products.
Open the Door, the Open the Door logo and all other Open the Door product or service marks are trademarks of Open the Door Limited. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited.
6. AVAILABILITY OF PRODUCTS
6.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at email@example.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
6.2 Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing firstname.lastname@example.org.
7. USER MATERIAL
7.1 The Products may let you submit material to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Products. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any publically available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products.
7.2 This section sets out the rights and obligations that each of us has in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
7.3 We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
7.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section, and we may do this with or without giving you any prior notice.
7.5 We may link User Material or parts of User Material to other material, including material submitted by other users or created by Open the Door or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Open the Door. You acknowledge that we may indirectly commercially benefit from use of your User Material.
7.6 Each time you submit User Material to us, you represent and warrant to us as follows:
(a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract.
(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offence, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
(c) Your User Material does not advertise any product or service or solicit any business.
(d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
(e) You will not collect usernames and/or email addresses of users for the purpose of sending unsolicited email.
(f) You will not engage in criminal or tortious activity, including fraud, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
(g) You will not engage in any automated use of the system, such as using scripts to alter our content.
(h) You will not, without authorisation, access, tamper with, or use non-public areas of the Products, Open the Door’s computer systems, or the technical delivery systems of Open the Door’s providers.
(i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other Open the Door system or network or breach any security or authentication measures.
7.7 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
7.8 User Material is not considered to be confidential. You agree not to submit any content as User
Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Open the Door an irrevocable, perpetual, non-exclusive, royalty free, worldwide licence to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorise sublicences of the foregoing without any payment of money or any other form of consideration to you or to any third party. Open the Door may include your User Material in Open the Door’s Distribution Content that is made available to others through the Products. Be aware that Open the Door has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You agree to indemnify Open the Door and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
7.9 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as nonproprietary and non-confidential and its use by use will be treated in the same manner as User Material and the provisions of clause 7.8 shall apply to that material.
8. LINKS TO WEBSITES/HOME PAGE
8.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
8.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from Open the Door. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to email@example.com.
9. PRODUCTS DISCLAIMER
The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
10. MEDICAL DISCLAIMER
10.1 Open the Door is a provider of online and mobile wellbeing content in the health and wellness space. We are not a healthcare or medical device provider, nor should our Products be considered medical advice. Only your phsyician or other heatlth care provider can do that.
10.2 Any health information and links on the Products, whether provided by Open the Door or by contract from outside providers, is provided simply for your convenience.
10.3 Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
11. END USER LICENCE
11.1 Subject to the terms of this licence agreement (“Licence Agreement”), as set out in this section, and these other Terms, and your payment of applicable subscription fees, Open the Door grants you a limited, non-exclusive, revocable licence to stream, download and make personal non-commercial use of the Products.
11.2 The Products contain or embody copyrighted material, proprietary material or other intellectual property of Open the Door or its licencors. All right, title and ownership in the Products remain with Open the Door or its licencors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this Licence Agreement and our other Terms.
11.3 You agree that you will not and you will not assist or permit any third party to:
(a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products;
(b) Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
(c) Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;
(d) Tamper with the Products or circumvent any technology used by Open the Door or its licensors to protect any content accessible through the Products;
(e) Circumvent any territorial restrictions applied to the Products; or
(f) Use the Products in a way that violates this License Agreement or the other Terms.
11.4 You may not make the Products available to the public. The Products made available (in whole or in part) are owned by Open the Door or its licensors and your use of them must be in accordance with these Terms.
12. GENERAL TERMS AND CONDITIONS
12.1 ASSIGNMENT BY US
Open the Door may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
12.2 INDEMNITY BY YOU
You agree to defend, indemnify and hold Open the Door and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Products, your placement or transmission of any message, content, information, software, or other submissions through the Products, or your breach or violation of the law or of these Terms. Open the Door reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Open the Door defence of such claim.
12.3 WARRANTIES AND LIMITATIONS
(a) We warrant to you that any Product purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.
(b) We warrant that we will use reasonable skill and care in making the Products available to you during your subscription.
(c) The Products and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Products or their content. We assume no liability or responsibility for any errors or omissions in the content of the Products, or any failures, delays, or interruptions in the provision of the Products. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Products to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Products. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Products. We make no warranties or representations that your use of content and information posted on the Products will not infringe rights of third parties.
12.4 NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
12.5 FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
In these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
12.7 ELECTRONIC COMMUNICATIONS
(a) Applicable laws may require that some of the information or communications we send to you should be in writing. When using the Products, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
(b) If required, we may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication. (c) You can also contact us via email at firstname.lastname@example.org to withdraw your consent to receive any future communications electronically.
Unless otherwise specifically indicated, all notices given by you to us must be given to OpentheDoor at email@example.com. We may give notice to you at the e-mail address you provide to us when you register. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
12.9 ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
12.10 THIRD PARTY RIGHTS
A person who is not party to these Terms will not have any rights under or in connection with these Terms.
12.11 OUR LIABILITY
(a) We will use reasonable endeavors to remedy faults in the Products. If we fail to comply with these Terms, we will be liable to you only for the purchase price of the Products in question. In addition, we will not be liable for:
(i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
(ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Products, or from transmissions via emails or attachments received from us.
(iii) Any use of websites linked to the Products but operated by third parties.
12.14 CHOICE OF LAW
These Terms and any disputes arising out of or relating to these Terms or their subject matter are subject to the exclusive jurisdiction of the courts of New Zealand.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms are effective and were last updated on June 25th, 2017.
Open the Door Ltd. Registerd office is C/o Martin Fine Business Law Limited, 14 Knox Street,
Hamilton, New Zealand;
Collection and use of information, new accounts, Cookies, general site use information, residual information
Disclosure of information
Access to and correction of personal information
Questions and/or comments
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Open the Door offerings, as well as to respond to any inquiry or request made by you unless you specifically opt out from receiving these.
Third party websites
Interactive Services/Social Media Websites