These are the agreed terms
1. Definitions
In this agreement, the following words shall have the following meanings, unless the context requires otherwise:
“Content”
means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.
“Enrolment”
means enrolment for a series of lectures offered through Our Website.
“Services”
means all of the services available from Our Website, whether free or charged.
“Our Website”
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.
2. Our contract
• These terms and conditions regulate the business relationship between you and us. By taking up an Enrolment or using Our Website free of charge, you agree to be bound by them.
• We do not offer the Services in all countries. We may refuse to provide the Services if you live in a country we do not serve.
• In entering into this contract, you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
• Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.
• The contract between us comes into existence when we receive payment from you for a Service where payment is required, or you complete your Enrolment if no payment is required, whichever the case may be.
• If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
• We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.
3. Your Personal Information
• When you visit Our Website, you accept responsibility for any action done by any person in your name.
• You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
• You agree to notify us of any changes in your information immediately it occurs.
• Our privacy policy is found at [link to privacy policy]. It is strong and precise, and it complies fully with the Privacy Act 2020.
4. Enrolment
• Details of the cost and benefits of Enrolment are as set out on Our Website. You may subscribe to Enrolment Services at any time Enrolment is available on Our Website.
• By accepting these terms and conditions, you do instruct us to provide the Enrolment
• You may not transfer your Enrolment to any other person.
• We reserve the right to modify the Enrolment rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Enrolment after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you enrol.
5. Prices
• The price payable for Services that you order is clearly set out on Our Website.
• Prices are inclusive of Goods and Services Tax.
• Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than New Zealand Dollars will be borne by you.
• You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
6. Security of your credit card
We take care to make Our Website safe for you to use.
• Card payments are not processed on a page controlled by us. We use an online payment service provider who will encrypt your card or bank account details in a secure environment.
• We do not store your credit card details for any future use.
7. Security of Our Website
If you violate Our Website, we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
• modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
• link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
• download any part of Our Website, without our express written consent;
• collect or use any product listings, descriptions, or prices;
• collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
• aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
• share with a third party any login credentials to Our Website.
• Despite the above terms, we now grant a licence to you to:
• create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
• you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
8. Disclaimers and limitation of liability
• This paragraph applies so far as the applicable law allows.
• All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
• We make no representation or warranty that the Services will be:
• useful to you;
• of satisfactory quality;
• fit for a particular purpose;
• available or accessible, without interruption, or without error;
• We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
• We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
• We make no representation or warranty and accept no responsibility in law for:
• accuracy of any Content or the impression or effect it gives;
• delivery of Content, material or any message;
• privacy of any transmission;
• any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
• any aspect or characteristic of any goods or services advertised on Our Website;
• If you come across any Content on Our Website which offends you, please contact us via the “Contact us” page on Our Website.
• We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
• You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12-month period for the Services concerned.
• This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our executive officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contract and Commercial Law Act 2017.
• If you become aware of any breach of any term of this agreement by any person, please tell us in writing via the Contact page of Our Website. We welcome your input but do not guarantee to agree with your judgemen
• Nothing in this agreement excludes liability for a party’s fraud.
9. Duration, Termination and Refunds
• This agreement shall operate for the period for which you have subscribed to an Enrolment Service.
• You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on the Contact page of Our Website and submitting it.
• If you terminate this agreement, we will refund part or all of any payment made for your Enrolment at your request.
• We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
• In the event of termination by us, we will within seven days refund to you the balance of your Enrolment outstanding, pro rata with time not elapsed.
• There shall be no re-imbursement or credit if Enrolment is terminated due to your breach of the terms of this agreement.
• We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
10. Interruption to Services
• If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
• You acknowledge that the Services may also be interrupted for many reasons beyond our control.
• You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
11. Indemnity
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
• any act, neglect or default of yours in connection with this agreement or your use of the Services;
• your breach of this agreement;
• your failure to comply with any law;
• a contractual claim arising from your use of the Services.
12. Miscellaneous matters
• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
• If you are in breach of any term of this agreement, we may issue a claim in any court.
• Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• Any communication to be served on either of the parties by the other shall be delivered by hand, or sent by post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
• In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
• This agreement does not give any right to any third party under the Contract and Commercial Law Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
• Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
• The validity, construction and performance of this agreement shall be governed by the laws of New Zealand and you agree that any dispute arising from it shall be litigated only in that country.
