You agree that you may use an account only for your internal business purposes. If any related party wishes to use the Services, they must create a separate account with us.
If you are creating an account on behalf of a company or other legal entity, you warrant that you have authority to agree to these Terms on behalf of that entity.
We may adjust the Fees at any time by providing you with 10 days’ notice and/or publishing the updated Fees on our website.
You must pay the Fees on purchase of the Services through one of the specified payment methods. You must pay all Fees in full without set-off or deduction.
We may suspend and/or terminate these Terms and your ability to use the Services if you fail (or any entity with which your account is associated fails) to pay the Fees in accordance with these Terms.
4. Your obligations.
- use the Services in accordance with these Terms solely for your lawful internal business purposes, including your own learning;
- not resell or make available the Services, or any content or information derived from your use of the Services, to any third party, or otherwise commercially exploit the Services;
- comply with these Terms, as updated by us from time to time;
- follow our reasonable directions about the use of the Services;
- promptly provide all information, documentation, decisions, assistance and co-operation that we may reasonably request;
- not undermine, or attempt to undermine, the security or integrity of the website, mobile app, platform, Services or any underlying system;
- not use, or misuse the website, mobile app, platform or Services in any way or interfere with the proper operation of the website, mobile app, platform or Services, including any other user’s use of the website, mobile app, platform or Services;
- not attempt to view, access or copy any content, information, material or data other than that which you are authorised to access; and
- not use the website, mobile app, platform or Services for unlawful, illegal or improper purposes.
You must notify us immediately if you become aware of any use of your account details by another person or any breach of security, by sending an email to [email protected].
6. Intellectual Property.
Nothing in these Terms gives you any ownership rights over the Services, nor any aspect of the Services, including content, information, text, images, videos, sound recordings and designs. All intellectual property rights in the website, mobile app, platform and the Services, including all content, information, text, images, videos, sound recordings and designs, are our property (or that of our licensors). You are not permitted to reproduce any part of the Services in any way.
Under these Terms, we grant you a non-exclusive, non-transferable, non-sub-licensable, revocable and limited right to use the Services in accordance with these Terms.
You must not disclose or publish any content or information derived from your use of the Services to any other person or entity without our prior written consent.
There may be times where we need to withdraw or replace certain information or content that forms part of the Services. If this affects the Services you access, we will endeavour to notify you if this occurs.
Without limiting any other right or remedy available to us, we may immediately suspend or terminate your access to, or use of, the Services (and the access or use of any person or entity with whom your account is associated) where we consider that you, or any person using your account, or any person or entity with whom your account is associated, or any person that you are responsible for (including an employee), have:
- exceeded any limits or parameters we have agreed to in relation to the Services; or
- breached these Terms or any applicable law.
We may terminate your access to the Services (and the access of any person or entity with whom your account is associated) on written notice to you at any time. Such termination will be effective at the time we specify (which may be immediately).
If your access to the Services is terminated, all of your rights granted under these Terms will immediately come to an end and all amounts owing will become due and immediately payable.
Should any amounts not be paid within the specified period, interest will be charged on the amounts owing at 14% per annum until such time as all amounts owing have been paid.
10. Disclaimer of warranties.
- the Services are provided to you on an "as is" and "as available" basis;
- it is your sole responsibility to determine that the Services meet your needs and are suitable for the purposes for which they are used;
- we do not warrant that the Services will meet your specific requirements or expectations;
- you rely on any content or information derived from your use of the Services at your own risk.
- we do not warrant that the use of the Service will be secure, uninterrupted, error free or free of viruses or other harmful code. Among other things, the operation and availability of the systems used for accessing the Services, including telecommunications services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. We are not in any way responsible for any such interference or prevention of your access or use of the Services.
Except to the extent set out in these Terms, all warranties, representations, conditions and other terms of any kind implied by statute or common law are, to the maximum extent permitted by applicable law, excluded.
To the extent the website, mobile app, platform and Services are provided for the purpose of a business, you acknowledge and agree that, to the maximum extent permitted by applicable law, the provisions of the Consumer Guarantees Act 1993 will not apply.
11. Limitation of liability.
- incidental, special, indirect or consequential damages; or
- loss of profits, business interruption, loss of business information, loss of data or any pecuniary loss (in each case whether direct or indirect);
- loss arising from use of, reliance on, or inability to use or rely on, the Services or any content or information derived from your use of the Services,
- arising out of or relating to these Terms or use of the website, mobile app, platform or Services, even if we have been advised of the possibility of such damages.
To the maximum extent permitted by law, in no event will our total liability to you for all damages exceed the amount paid by you to use the Services in the three months immediately preceding your claim.
We are not liable to you for any failure to provide the website, mobile app, platform or Services or otherwise perform our obligations under these Terms to the extent the failure is caused by something beyond our reasonable control.
We may assign or transfer our contractual rights and obligations arising under these Terms to another organisation.
Any notice required to be given by either party under these Terms must be in writing and sent to the other party’s registered address or by email to the usual contact person for the other party for the purposes of these Terms.
These Terms are governed by New Zealand law and the courts of New Zealand have non-exclusive jurisdiction to deal with any matter arising under or in connection with these Terms.