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Website Terms of Use

Website Terms of Use

 

1.        Conditions of Use

This website is published and maintained by Education New Zealand Trust (“ENZ”. “we”, “us”, “our”. Your entry to, and use of, this website is subject to the terms and conditions of use defined below (“Website Terms of Use”. If you do not agree to be bound by the Website Terms of Use  you must immediately leave, and not re-enter, this website or any other ENZ website.

2.        Browser Compatibility

To view this website, we recommend you use a personal computer with minimum screen size of 1024 x 768 pixels and Internet Explorer 7 and higher or Firefox 3.5 and higher. Adobe Flash installed for your browser is also required to fully experience the rich functionality we have on the site. If you do not have Adobe Flash installed, please visit http://www.adobe.com/go/EN_US-H-GET-FLASH

3.        Intellectual Property Rights

3.1    All copyright, trade mark rights, database rights and other intellectual property rights in all software, content and  materials in this website (“Intellectual Property Rights” are owned by ENZ or its licensors.  No licence is granted to you under any of the Intellectual Property Rights, except as expressly set out in these Website Terms of Use.
3.2    You may use and download a single copy of any information included in the website for your own personal or internal business purposes, provided that you do not:
(a)    deface or remove any copyright notices or trade marks in any website information downloaded or copied by you from this website;
(b)    compile or extract website information from this website for the purpose of making such information available to others with a view to a profit or for a fee or other consideration; or
(c)    use any trade mark in a manner that is reasonably considered by ENZ, its suppliers or licensors to be a misuse or appropriation of that trade mark.
3.3    If you download any software from the website, including any files, images, code and data (collectively, the "Software", the Software is licensed to you by ENZ or its licensors. ENZ and its licensors do not transfer title to the Software or any intellectual property rights in the Software, to you. You own the medium on which the Software is recorded, but ENZ retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer, disassemble or otherwise deal with the Software.

4.        Third Party Material

4.1    This website may include third party material, advertising, promotions and/or links to third party websites. Any dealings you have with a third party are solely between you and that third party.
4.2    While ENZ has taken reasonable care to ensure that third parties are reputable, ENZ is not responsible for the content of, and does not provide any warranty or representation in relation to:
(a)    any third party material or promotion;
(b)    the conduct or performance of any third party supplier or the quality, suitability, legality or availability of their products or services; or
(c)    any information provided by any third party supplier on this website or on its own website.   
4.3    The inclusion of any link or third party material, advertising or promotion does not imply ENZ's endorsement of, or any association with, the third party.

5.        Privacy Policy

ENZ may collect personal information about you when you use this website or register as a member of our website.   Our collection and use of personal information is governed by our Privacy Policy. By accessing and browsing this website, you agree to accept the terms of our Privacy Policy.

6.        Registration

6.1    If you register to be a member or registered user of this website, additional information and forums may be made available to you.  ENZ may decline to register you, or terminate your registration, as a member or registered user of this website for any reason and is not obliged to state such reason.
6.2    You are responsible for keeping your login information, including your log-in ID and password, secret and secure.  You agree not to permit any other person to use your log-in information or to access any services or information provided to you as a member or registered user of our website.  You agree not to disclose (directly or indirectly) any information that may allow a third person to gain access to any services or information provided to you as a member or registered user of this website.
6.3    Any on-line forums are made available to you for the purpose of sharing information, advice and opinions.  The information, advice and opinions expressed in any forum do not necessarily reflect the views of ENZ and ENZ does not review such information, advice or opinions for accuracy.
6.4    You will ensure that all information you submit to this website:
(a)    Is not misleading, deceptive, defamatory, offensive, obscene, illegal, indecent, unlawful or objectionable;
(b)    does not infringe any copyright or other intellectual property rights of any person; and
(c)    does not breach any statute, regulation, by-law or other legal obligation.
6.5    ENZ may remove any information submitted by you to any forum or other part of this website at its discretion, including where that information is, in ENZ’s opinion, in breach of clause 6.4.

7.        Restricted Use

7.1        You must not attempt to:
(a)    use any device, including any software or routine, which interferes with the normal operation of this website;
(b)     take any action that imposes an unreasonable load on ENZ’s  servers or other computer equipment, or the computer equipment of ENZ's internet service providers;
(c)    use any software, programme, algorithm, methodology or other automatic device, including any spider, robot, or otherwise, to monitor, copy, collect or harvest any data, information or content found on this site, or use any manual process for the same purpose;
(d)    damage, interfere with or harm this website, or any network or system underlying or connected to this website, in any way whatsoever;
(e)    amend any information contained on this website, unless you are expressly permitted by ENZ to do so; or
(f)    reverse engineer or decompile the website or any software comprising or underlying this website.

8.        Amendments

ENZ may amend these Website Terms of Use from time to time.  Notice of any such amendments will be announced on this website and will be effective immediately, unless we state otherwise.  You are responsible for reviewing our website regularly to obtain timely notice of any such amendments.  Your continued use of this website will constitute your acceptance of any amendments or revisions to these Website Terms of Use.

9.        Jurisdiction

This website is controlled and operated by ENZ from its offices in New Zealand. ENZ makes no representation that materials in the site are appropriate or available for use in your location. If you access this website from outside of New Zealand you are responsible for compliance with local laws, if and to the extent local laws are applicable.

10.        Termination

ENZ may terminate your rights under these Website Terms of Use at any time. If we do so, you must destroy all materials obtained from this website and any and all other ENZ websites and all copies thereof, whether made under the terms of this agreement or otherwise.

11.        Disclaimer

11.1    The materials in this site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible and subject and pursuant to applicable law, ENZ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, accuracy and fitness for a particular purpose.
11.2    Without limiting the above, ENZ does not warrant that the website or functions contained in the materials will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes it available is free of any virus or other harmful elements. ENZ does not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the materials and information in this site or the results of their use.

12.        Limitation of Liability

12.1    ENZ and its representatives shall not have any liability to you (whether in contract, tort, negligence, or otherwise) in relation to your use of, or the inability to use, this website or any of the materials on this site, even if ENZ or an ENZ representative has been advised of the possibility of such damages.


12.2    The above exclusions and limitations will have no effect to the extent that such liability cannot be so limited or excluded under any applicable law.

13.        Governing Law and Invalidity

These Website Terms of Use are governed by the laws of New Zealand.  You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand. You may only bring a claim or action against ENZ in the courts of New Zealand.