Terms of Service

Following are The Education and Partnership Innovation Trust's terms and conditions for the services we provide and your use of those services.

‍

Please read the following carefully. By accessing this website, you are agreeing to follow the terms and conditions.

‍

We may change these terms from time to time, so you should check these terms regularly. Your continued use of our online services will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our websites.

‍

If you have any questions, please email info@hewhakaaraara.nz

‍

Use of The Education and Partnership Innovation Trust online services

Access to and use of our online services is provided on the following terms. By using our online services you agree to be bound by these terms, which shall take effect immediately on your first use of one of our online services. If you do not agree to be bound by all of the following terms, please do not access, use and/or contribute to any of our online services.

‍

Our online services include websites, email, voice and video communications, video broadcasts and other services delivered utilising the Internet.

‍

You may use the information provided to you through He Whakaaraara, solely for your personal and/or internal business purposes, provided that you do not remove any proprietary rights notices, do not modify the information or make it available to any third parties.

‍

Privacy Statement

For further details, please refer to He Whakaaraara Privacy Policy.

‍

Collecting your information

By using our online services, you agree to provide any relevant information, documents and attachments, through electronic means, in the format and to the standards described for each transaction. You also agree and understand that the information collected will be retained in electronic form.

‍

Providing information to you

By using our online services, you agree to receive information through electronic means. Where information is requested by another person, the requesting party is deemed to be the recipient's agent and is presumed to have obtained the consent of the recipient to receive the information in electronic format.

‍

Copyright and intellectual property

Copyright and intellectual property remain the property of He Whakaaraara. This does not include the personal stories captured on video or in text, which are the property of the individuals featured.

‍

Password security

Please refer to The Education and Partnership Innovation Trust’s Privacy Policy.

‍

Right to suspend, alter, or cancel service

We shall be entitled at any time without prior notice or any liability to you, to cancel or suspend any or all our online services and/or to substitute alternative services, which may or may not be interactive or transactional.

‍

Specific terms and conditions

You acknowledge that access to our website and any online services may be subject to periodic review of these Terms and Conditions and that you accept being bound by any changes posted on our website resulting from such review. Access and use of the website and any online service shall be deemed to constitute acceptance of any such additional terms and conditions applicable to such service from time to time.

‍

Contributions to He Whakaaraara Community of Practice

By sharing any contribution (including any text, photographs, graphics, video or audio) with us, you agree to grant He Whakaaraara, free of charge, permission to use the material in any way we wish (including modifying and adapting it for operational and editorial reasons) in any media worldwide.

‍

Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way, including allowing others to use it.

‍

So that The Education and Partnership Innovation Trust can use your contribution in He Whakaaraara, you confirm that your contribution is your original work, is not defamatory, and does not infringe any laws, that you have the right to permit us to use it for the purposes specified above, and that you have the consent of anyone identifiable in your contribution, or the consent of their parent/guardian if they are under 16 years of age.

‍

Please do not endanger yourself or others, take any unnecessary risks, or break any laws when creating content you may share with us.

‍

If you do not want to grant us the permission set out above on these terms, please do not submit or share your contribution.

‍

Disclaimers and limitation of liability

The Education and Partnership Innovation Trust believes that the information furnished on this website is accurate and has been prepared with care. No responsibility, however, can be accepted for any consequences arising out of the use of this material.

‍

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, this expressly excludes:

1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our online services or connection with the use, inability to use, or results of the use of the online services, any websites linked to it and any materials posted on it, including, without limitation any liability for:
   • loss of income or revenue
   • loss of business
   • loss of profits or contracts
   • loss of anticipated savings
   • loss of data
   • loss of goodwill
   • wasted management or office time, and 
   • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The Education and Partnership Innovation Trust will not accept responsibility for any financial or other consequences that may result from your use of information on this site including direct, indirect, special, or consequential damages. There are no warranties extended or granted by any information or service provided herein except those obligations under the Fair Trading Act of New Zealand 1986. Any terms expressed in this policy do not absolve us from our responsibilities under New Zealand's Fair Trading Act 1986.

‍

Indemnity

You shall defend, indemnify, and hold harmless The Education and Partnership Innovation Trust, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal fees and costs, arising out of or in any way connected with your access to or use of our web sites and online services.

‍

Force Majeure

The Education and Partnership Innovation Trust, its affiliates, and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of our online services resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

‍

Assignment

This agreement is personal to you and your rights and obligations under these terms and conditions may not be assigned, sub-licensed or otherwise transferred.

‍

Non-waiver

The failure or delay of The Education and Partnership Innovation Trust to exercise or enforce any right in these terms does not waive its right to enforce that right.

‍

Validity

Each of the provisions of these terms and conditions is severable and distinct from the others, and if at any time one or more of such provisions is or becomes invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired.

‍

Statute of limitations

Any cause of action of yours with respect to these terms and conditions must be filed in a court of competent jurisdiction in New Zealand, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.

‍

Governing law and jurisdiction

These terms and conditions shall be governed by, and construed in accordance with, New Zealand law and any dispute arising from, or related to these terms and conditions, and their related services, shall be subject to the exclusive jurisdiction of the courts of New Zealand.

‍

For the exclusive benefit of The Education and Partnership Innovation Trust, we retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of your principal place of business.

‍

Disclaimer

We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time so you are encouraged to review this policy from time to time. We will, of course, notify you of any changes where we are required to do so.

‍

If you have any questions about these terms and conditions, please email info@hewhakaaraara.nz.

‍