Terms & Conditions
Application of Terms and Conditions:
- Definitions: In these Terms and Conditions:
“Booking Request” means a request made by a User on the Website to purchase access to the Services;
“Documentation” means the information and materials made available via the Portal in connection with the Services;
“Edusafe” means Edusafe Limited (NZBN: 9429041245682);
“Edusafe Fee” means the fee payable for each access to the Services, which will be set out as part of each Booking Request;
“Edusafe IP” has the meaning given to it in clause 9 (a) of these Terms;
“Intellectual Property Rights” means all intellectual and industrial property rights and interests (including common law rights and interests) including, without limitation, all brands, logos, formulae, techniques, specifications, designs, drawings, copyright, patents and trademarks (whether registered or not), technical information, licenses or similar user rights in respect of any such rights or interests anywhere in the world;
“Online Module” means the online module provided as part of Edusafe’s e-learning course relating to occupational health and safety, as updated and/or amended by Edusafe from time to time;
“Platform” means Edusafe’s online learning environment where the Services are accessed;
“Services” means the provision of an e-learning course relating to occupational health and safety by Edusafe consisting of the Online Module accessed via the Platform;
“Terms” means these terms and conditions for the supply of the Services;
“Users” means all persons that purchase access to the Services from Edusafe via the Website and “User” means any one of them;
“Website” means https://edusafe.co.nz/.
- Access: These Terms apply to each User’s access or use of the Services (including the Platform and Online Module) made available by Edusafe. By accessing and/or using the Services:
- Where a User’s access and use is on behalf of another person, the User confirms that he/she is authorised to and agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
- Authority: If a User does not agree to these Terms, then that User is not authorised to access or use the Services, and must immediately stop doing so.
- Entire Agreement: These Terms expressly supersede all previous agreements or arrangements with any User.
- Amendments: Edusafe may change these Terms from time to time. Any such changes will be effective upon Edusafe updating these Terms. By continuing to access and use the Platform, each User agrees to be bound by the changed Terms.
- Use: Edusafe may change, suspend, discontinue, or restrict a User’s access to, the Services in accordance with these Terms.
- Access: In relation to accessing and using the Services, each User acknowledges and agrees that:
- On the making of a Booking Request by a User and payment of the Edusafe Fee by the User (in accordance with clause 8 below), [Edusafe shall issue the User with an access code which will allow the User to access the Services].
- [Each access code will provide the User with access to use the Services (i.e. access to complete the Online Module) once only.] Users wishing to complete the Online Module more than once will be required to complete a new Book Request each time it wishes to complete the Online Module.
- Access codes are single user codes. Users shall not share access codes with any other party. Access to the Services will be for a limited duration as set out on the relevant instruction for the Online Module. [Users may choose to complete the Online Module in staged intervals and to save progress within the Platform within the stipulated time allocation for completion of the Online Module.]
- Edusafe Fee: Each User acknowledges and agrees that:
- In consideration of the Services provided by Edusafe, the User shall pay the Edusafe Fee payable at the time of making a Booking Request via the payment options available on the Website as at the time of making the Booking Request.
- Unless otherwise stipulated at the time of making a Booking Request, all amounts payable by the User are [inclusive] of GST and are non-refundable.
- Failure by a User to make payment of the Edusafe Fee at the time of making a Booking Request will result in that User’s access to the Services being denied.
- Edusafe has the authority and reserves the right to determine and modify the Edusafe Fees that apply to the provision of Services (as applicable). Such modifications will be incorporated notified at the time of making a Booking Request.
- Intellectual Property: Each User acknowledges and agrees that:
- The Services (including the Platform and Online Module) and the Documentation and all Intellectual Property Rights therein are and shall remain the property of Edusafe (or its licensors) (the “Edusafe IP”). Users shall not at any time in any way question or dispute the ownership by Edusafe (or its licensors) of the Edusafe IP.
- Neither these Terms nor each User’s use of the Services (including the Platform and Online Module) convey or grant to any User any right to:
- Create any materials that incorporate the Edusafe IP or any derivatives of the Edusafe IP;
- Take any action that would jeopardise or impair Edusafe’s rights as owner of the Edusafe IP or the legality and/or enforceability of the Edusafe IP;
- To use or reference in any manner the Edusafe IP.
- Violation of any of the above may result in immediate termination of the relevant User’s access and use of the Services (including the Platform and Online Module).
- Additional Support / Services: In the event that a User requires any additional educational services / support (or related services) following completion of the Online Module, the User may contact Edusafe at [[email protected]] to make such a request. Any additional educational services (or related services) provided by Edusafe will be charged by Edusafe (and payable by the relevant User) at Edusafe’s then current hourly rate or as otherwise specified by Edusafe to the relevant User.
- Disclaimers: Each User expressly acknowledges and agrees that:
- The Services (including the Platform and Online Module) and Documentation (if any) are provided for general educational purposes relating to occupational health and safety only, and:
- such information does not provide Users with any specific recommendations or advice whatsoever, and:
- is not a substitute for specific and tailored occupational health and safety advice; and
- specifically excludes any information (including educational information), guidance or otherwise in relation to pre-existing injuries and pregnancy.
- The Services (including the Platform and Online Platform) and Documentation (if any) are provided on an “as is” and “as available” basis without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of quality, reliability, timeliness and suitability;
- Edusafe does not warrant that the Services (including the Platform and Online Platform) and Documentation (if any) will be error free including technical inaccuracies, nor free of viruses, or other harmful matter.
12: Liability: Each User assumes all responsibility and risk for its own use of the Services (including the Platform and Online Module) generally. Edusafe accepts no liability or responsibility to any User (or third parties) as a consequence of any reliance upon the information provided as part of the Services. Accordingly, except for liability in relation to breach of any condition, warranty or guarantee by Edusafe, the exclusion of which from a contract would contravene any statute or cause any part of these Terms to be void, each User agrees that, to the maximum extent permitted by law, any and all responsibility of Edusafe to Users or any other person under or in connection with these Terms, or in connection with the Platform, the Services, the Online Module, or a User’s use of or inability to use the Platform, the Services or the Online Module is excluded regardless of whether such liability arises in contract, tort, equity or otherwise. In no event will Edusafe’s liability to any User under these Terms exceed the total Edusafe Fee paid by that User for the relevant Services under which the liability arose, whether such cause of action is brought in contract, tort, warranty or otherwise.
- Indemnity: Each User (the “Indemnifying User”) shall be personally liable for its use of the Services (including the Platform and Online Module) and each Indemnifying User agrees to release, indemnify and keep indemnified Edusafe from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by Edusafe to any person arising out of or in connection with the Indemnifying User’s failure to comply with these Terms.
- Termination: Edusafe may suspend or disable a User’s access to the Services with or without notice and at any time if:
- A User is accessing / using the Services in breach of these Terms; or
- If, Edusafe, at its sole discretion, deems a User’s use of the Services to be unacceptable.
Use of the Platform
- Restrictions: In relation to each User’s use of the Services (including the Platform and Online Module) that User agrees that it will not:
- Interfere with or disrupt the Services (including the Platform and Online Module) or the servers or networks connected to the Services;
- Post information or interact on the Platform or Online Module in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libellous, abusive, obscene, profane, offensive, threatening, harassing or illegal;
- Use the Services (including the Platform and Online Module) in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- Remove any copyright, trademark or other proprietary notices from any portion of the Services (including the Platform and Online Module);
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services (including the Platform and Online Module);
- Use any robot, spider, site/search retrieval application, or other manual or automatic device or process to retrieve, index, scrap, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service (including the Platform and Online Module) or its contents;
- Link to, mirror or frame any portion of the Services (including the Platform and Online Module);
- Attempt to gain unauthorised access to or impair any aspect of the Services (including the Platform and Online Module) or its related systems or networks;
- Cause any third party to engage in any of the restricted activities above.
Communications: By making a Booking Request and accessing and using the Services, each User agrees to receive communications from Edusafe, including via [e-mail and text message]. Such communications may consist of (but are not limited to): operational communications concerning the User’s use of the Services, updates concerning new and existing features on the Platform and Online Module and promotions run by Edusafe or its third-party partners. A User may choose to opt-out of receiving such communications at any time by contacting Edusafe on [[email protected]].
- Network access / devices: Each User is responsible for obtaining the data network access and personal device(s) necessary to access and use the Services (including the Platform and Online Module). Edusafe does not guarantee that the Services (including the Platform and Online Module), or any portion thereof, will function on any particular hardware or devices. Each User acknowledges that the Services (including the Platform and Online Module) may not be error-free and subject to malfunctions and delays inherent in the use of internet and electronic communications and that each User (as applicable) may be charged for data use and/or text messaging by its own network provider in relation to that User’s use of the Services.
- Events beyond Control: No party shall be liable to any other party for its inability to perform any obligations under these Terms caused by Force Majeure Event. In this clause 18 “force majeure” shall mean any cause preventing either party from performing any or all of its obligations which arises from or is attributable to any of the following acts, events, or omissions (or the direct consequences thereof) where such act, event, or omission is beyond the reasonable control of the party so prevented:
- Act of God, earthquake, flood, fire, storm, or adverse weather conditions for which provision could not reasonably have been made;
- Sabotage, riot, civil disturbance, insurrection, epidemic, national emergency (whether in fact or law) or act of war (whether declared or not);
- Strike, lockout, work stoppage, or other labour disruptions;
- Governmental restraint, expropriation, prohibition, intervention, direction, or embargo; or
- Foot and mouth disease or any other livestock disease or epidemic (or public perception of disease or epidemic) which prevents, restricts or impacts on the supply of Products,
Each party’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues. Each party will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which their obligations under these Terms may be performed despite the Force Majeure Event.
- Governing Law: These Terms and Conditions shall be governed by and interpreted in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
- Assignment: Users may not assign or transfer their obligations under the Terms, in whole or in part, by operation or law or otherwise, without Edusafe’s written consent. Edusafe may assign its obligations and rights under the Terms without notice.
- Severability: If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal, if this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
- Non-Waiver: If Edusafe does not exercise or enforce any right available to it under the Terms, it does not constitute a waiver of those rights.
- Contract Information: If a User has any questions regarding these Terms, please contact Edusafe at [[email protected]].
- Translation of Languages: In the event of any conflict or inconsistency between the English and Mandarin versions of this agreement the English version will prevail to the extent of the conflict of inconsistency.
- The contents of the online training and all documents are confidential and of value to Edusafe Limited. They may not be reproduced or used in whole or part or be disclosed without the written consent of Edusafe Limited by any person(s) accessing the online training or documents. The online training, documents and its content is the property of Edusafe Limited and must be returned to Edusafe Limited immediately upon request. Edusafe Limited takes the protection of its proprietary information very seriously and will not hesitate to seek urgent injunctive relief against you (plus costs and damages) should you or your agents breach your duty of confidentiality to Edusafe Limited or infringe the intellectual property rights of Edusafe Limited.
“Services” means providing a portal via the Website which provides an e-learning course / online module relating to occupational health and safety, for educational purposes and other related services;
“Us” / “We” means Edusafe Limited (NZBN: 9429041245682) (otherwise known as Edusafe);
“You” or “Your” means anyone who visits or uses this Website.
Purpose of Website
The Website provides information on, and access to, the Services.
The Website is intended for the purposes described on the Website in relation to the Services. We make no representations that the Website is appropriate for any other purposes and does not accept any responsibility if the Website or information obtained from the Website is used for other purposes.
You agree not to use the Website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of the Website whether by way of a virus, corrupted file or through any other means. You agree that You will not hack into the Website nor employ any robot, spider or other device or process to use the Website for any unauthorised purposes.
- Restrict or prohibit Your access to the Services;
- Prohibit You from using the Website; and
- If required by law, disclose information about You and Your use of the Website and / or Our Services for the investigation of any unlawful or harmful activity.
The trade marks (whether registered or not), service marks and trade names on the Website belong to Us (our licensors, or its affiliates). Likewise, We (or our licensors) own all intellectual property rights in the materials and content on the Website. You cannot use or reproduce these without Us giving You prior written permission in each case.
Links and Search Results
The Website may automatically produce search results that reference or link to third party sites throughout the World Wide Web. We have no control over these sites or the content within them. We do not endorse the content of any third party site (unless specifically stated otherwise), nor do We warrant that they will not contain viruses or otherwise impact Your computer. You acknowledge and accept that We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or service provided by any third party.
Liability and Disclaimer
The information contained on the Website is necessarily generalised. Should You enter into an agreement with Us in relation to the Services, You will be subject to terms contained in Your specific agreement relating to the Services, as provided by Us.
We do not accept any liability in relation to the use, delay or inability to use, performance of, or information contained on, the Website.
We do not warrant, guarantee or make any representations regarding the security of the Website, or that the Website is free from destructive materials, including but not limited to computer viruses, hackers, spyware, adware or other technical sabotage, nor do We warrant, guarantee or make any representations that the Website will be fully accessible at all times, uninterrupted or error free. You acknowledge that the Website may also be unavailable from time to time to permit maintenance to be undertaken.
When You provide personal information to Us, We will comply with the New Zealand Privacy Act 1993.
The personal information You provide to Us is collected and may be used for communicating with You, statistical analysis, the marketing by Us of products and services to You, credit checks (if necessary), and research and development.
We will ensure that any personal information You provide to Us will be stored securely.
You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at [email protected]
What type of information do we collect?
In order to facilitate providing the Services to You, You may be required to provide Us with Personal Information on the Website. Personal Information is any information about an identifiable individual. Personal Information may include but is not limited to: identifying information such as name, payment details, telephone number and e-mail address. Where the collection of Personal Information is necessary, You will be aware that such information is required because You will have to provide personal details when utilising or enquiring about the Services. The Personal Information that You submit is gathered only on a voluntary basis; You may choose not to provide Personal Information which may mean that You are unable to access the Services (in whole or in part).
Cookies Internet Users
If You do not wish to receive a cookie or if You wish to set Your browser to warn You each time a cookie is being sent, or if You wish to turn off all cookies, use the options on Your browser to assist You. The Help option on Your browser may assist You in changing Your cookie preferences.
Links to other web sites
Our Use of Your Information
Sharing of Personal Information
We may also share Personal Information with authorised third party contractors and their related companies (as defined in the New Zealand Companies Act 1993), employees and agents for our business purposes. We may also share Personal Information for further processing in accordance with the purpose(s) for which the data were originally collected.
Storage, Retention and Accuracy of Personal Information
We will take reasonable steps to ensures that Personal Information is safeguarded against loss, access, use, modification, disclosure or other misuse. All reasonable steps are taken to prevent unauthorised use or disclosure of Your Personal Information.
We will retain Your Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws and Your consent to such purpose(s) remains valid after termination of our relationship with You.
We take all reasonable steps to ensure that Your Personal Information is accurate, up-to-date, complete, relevant and not misleading.
Email us: [email protected]
Mail: PO Box 24624, Royal Oak, 1345