Consumer General Terms

These Consumer General Terms (Terms) were published on 16th September 2020.

1. Introduction

1.1 These Terms apply to any Services that we provide directly to you. Additional terms and conditions also apply (as detailed below), depending on the specific Services that you use.
1.2 Capitalised terms used in these Terms have the meaning given to them in the Glossary.

2. Your Agreement

Overview of your Agreement

2.1 Your Agreement with us comprises the following terms and conditions:

If there is any inconsistency between any of these terms and conditions, unless expressly stated otherwise, they will be interpreted in the descending order of priority listed above.

If you are a School, different terms and conditions apply - please refer to our User Guide.

2.2 Please read your Agreement with us carefully. By accessing and using our Services, you are deemed to confirm that you have read, understood and agreed to be bound by your Agreement. If you do not agree to any part of your Agreement, you must not access, or must immediately stop accessing, our Services.

Changes to your Agreement

2.3 We may update any aspect of your Agreement from time to time. We will publish the updated terms and conditions on our website and they will take effect immediately after they are posted as the current terms. If the update is likely to be material to you, we will notify you of the update directly in advance and/or post the updated terms on our website in advance. You are responsible for monitoring the terms and conditions published on our website to ensure that you remain up to date with your Agreement with us. If we update your Agreement, you will have the right to terminate your Agreement under clause 8.1 (Termination for Convenience). Currently, there is no minimum term applicable to the Services we provide directly to consumers.

Changes to our Services

2.4 We aim to keep our Services relevant and innovative by modifying and improving them over time. We may upgrade, modify or change our Services at any time. Provided our Services remain as specified in your Agreement, we don’t need to give you notice of any change to our Services and such change will not constitute an amendment to your Agreement. However, if we reasonably consider any such change will have a significant detrimental impact on you, we will always try to provide you with advance written notice of the change and the date it will come into effect.

3. Our Services

Ordering Services

3.1 You can request our Services in any manner we permit from time to time (generally this is online). No request by you for our Services is effective, and we will not be required to provide the applicable Service to you, until we accept the order in writing or start providing the Service to you.

Your Obligations

3.2 You must:
  • use our Services in accordance with our Acceptable Use Policy and with consideration for all Users;
  • Services ensure that all information you provide to us is current, correct and complete;
  • not do anything (by your acts or omissions) that results in us breaching any applicable Third Party terms and conditions or licenses;
  • comply with all applicable Policies and our reasonable directions and restrictions regarding use of our Services;
  • use our Services only for your own lawful purposes, for which they were provided;
  • use our Services in accordance with applicable laws and never in a way that infringes anyone else’s rights;
  • notify us immediately upon becoming aware of any actual or potential breach of security or unauthorised access or use of any part of our Services; and
  • take all reasonable steps to make sure that no Disabling Code or other harmful or damaging things are ever introduced to, or distributed via, our Services, or any underlying networks or systems.
3.3 You must never (and you must ensure that Your Users never):
  • access (or attempt to access) our Services in a way that we have not expressly permitted or circumvent (or attempt to circumvent) any restrictions we place on our Services;
  • use our Services in a way that damages or interferes with our Services, data or infrastructure (or those of anyone else) or the use of our Services by anyone else;
  • resell, transfer, sub-license or otherwise make available to a Third Party all or any part of our Services without first obtaining our written approval;
  • reproduce, modify, create derivative works from or commercially exploit all or any part of our Services without first obtaining our written approval;
  • disassemble, decompile, reverse engineer or otherwise try to discover any source code from any of the software, files or systems in or underlying our Services; or
  • access or use any of our Services for the purpose of building a product or service which competes with any of our Services or has similar features or functionality, unless we have requested you to do so or you have our prior consent in writing.

Your Responsibility for Your Users

3.4 You are responsible for all:
  • use of our Services by Your Users and all consequences of such use; and
  • acts and omissions of Your Users in connection with our Services.

Suspension

3.5 We may suspend or restrict your and/or Your Users’ access to and use of any Services if we consider it necessary or reasonable to do so. For example:
  • to protect, maintain or repair any part of our Services;
  • where we consider there is an emergency; or
  • where we consider that you have breached your Agreement or you have used our Services in a way that puts us, our Services or anyone else at risk.
3.6 Without limiting our rights above, we will normally give you prior notice before we suspend your access to or use of any Services based on your breach of your Agreement, to give you an opportunity to resolve the situation. We may not provide this advance notice if we reasonably consider that we need to suspend or restrict a Service earlier to protect our rights or interests or those of anyone else. We will not suspend or restrict a Service for breach, and will lift any such suspension or restriction, if you have demonstrated to our reasonable satisfaction that the breach has been resolved and will not be repeated. However, these requirements on us do not apply if we are or become entitled to terminate or end a Service under your Agreement.

4. Charges

4.1 Currently, the Services that we provide directly to you are provided to you free of charge.
4.2 We will notify you in advance if any charges are payable by you for a specific Service (for example, as part of the sign-up process for the Service).
4.3 You are responsible for any prerequisites for use of our Services (such as fibre) and all associated costs.

5. Our Intellectual Property

Ownership of our Intellectual Property

5.1 All rights, title and interest, including all rights to Intellectual Property, in and to our Services (including any underlying hardware, software, systems or files), and in any changes or improvements to them, are owned by us or our Third Party licensors (“Our IP”). We do not grant you any rights, title or interest in or to Our IP.
5.2 The use of any supplier logos on the website does not imply that those suppliers endorse or sponsor The Service in any way.

No use of our brand

5.3 We do not grant you any rights to any of our trade marks, logos, business names, product names, domain names or other brand features, or those of our suppliers or any Third Party, even if made available in any of our Services.

6. Privacy and confidentiality

Privacy

6.1 Our practices relating to the collection, use and disclosure of personal information are set out in our Privacy Statement.

Disclosure Under the Official Information Act

6.2 You acknowledge that we are subject to the Official Information Act 1982 and may disclose information under that Act.

Product Endorsements

6.3 You may not claim that we endorse or approve any product or service that you sell or are associated with, without first obtaining our prior written approval.

Monitoring

6.4 As an organisation, we will monitor the use of our Services. You agree that we may (but are not obliged to) monitor use of our Services by you as:
  • reasonably required to provide or improve any of our Services;
  • reasonably required to check your compliance with the Agreement; and
  • required by law.

7. Liability and Other

Our Agreement With You

7.1 Our agreement with you is limited to the terms that are expressly set out in this Agreement. Any other terms, warranties, representations and conditions are expressly excluded.

Limitation of Liability

7.2 You acknowledge that:
  1. our Services are provided free of charge and, to the extent permitted by law, N4L excludes any liability whatsoever arising under or in connection with your Agreement with us or use of our Services;
  2. due to the inherent nature of the internet, we cannot guarantee that our Services will be 100% effective in protecting users against harmful or malicious content; and
  3. online safety cannot be provided by technology alone - it requires a holistic approach. Refer to this website for tips and advice to support online safety.

8. Termination

Termination for Convenience

8.1 Currently, the Services that we provide directly to you do not have any minimum term. Accordingly, either party may terminate any Service for convenience, at any time and for any reason, by telling the other in writing. We will endeavour to provide you with as much notice as reasonably practicable and to inform you of termination of Service at least 1 month prior to termination.

9. Complaints and Feedback Process

This section sets out our process for complaints and feedback from End Users to whom we provide Services directly.

Who Can Make a Complaint

9.1 Anyone who wishes to provide feedback or complain to us, may do so by following the Complaints Process set out in this clause 9.

Our Commitment

9.2 We want to make sure that your experience with us is everything you expect and more. If for any reason you are unhappy with anything we have done, please let us know so that we can resolve the situation to your satisfaction. If you have any suggestions on how we could do even better, we would love to know that too.

Your Rights

9.3 You have the right to:
  • be treated with courtesy, respect and fairness at all times;
  • have access to information about our services;
  • access your records and any feedback you provided (if applicable), in accordance with our Privacy Statement;
  • provide feedback or raise a complaint if you are unhappy in any way; and
  • seek independent advice or assistance if you are not satisfied with our resolution of your complaint.

Contacting Us

9.4 To raise a complaint or provide feedback:
  • call us on 0800 LEARNING; or
  • email us at complaints@n4l.co.nz.
  • write to us at Complaints Officer, The Network for Learning Limited, PO Box 37 118, Parnell, Auckland 1151
9.5 If you are raising a complaint, please ensure that you provide your name and contact details, clearly explain the issue, and state that it is a complaint.

After you Raise a Complaint

9.6 If you call us to raise a complaint, we will try to resolve your complaint there and then. If further investigation is required, we will advise you of an expected resolution time. We will also give you sufficient information to ensure you can enquire about the progress of your complaint.
9.7 If you raise a complaint via email or post, we will endeavour to acknowledge it within 3 Business Days. We may need to contact you to further understand your complaint or obtain additional details. We will keep you informed of progress and the expected resolution time frame, or if the problem is of a very complex nature and will exceed the initial resolution timeframe.

10. General

No Waivers

10.1 No failure, delay or indulgence by any party in exercising any power or right conferred on that party by your Agreement will operate as a waiver of that power or right.

Entire Agreement

10.2 Your Agreement constitutes the entire agreement between you and us with respect to its subject matter.

Severability

10.3 If any provision of your Agreement is found to be invalid or unenforceable, that provision will be changed to the minimum extent required to make it valid and enforceable, and the other provisions will remain in full force and effect.

Subcontracting

10.4 We may subcontract any of our obligations under your Agreement, in which case we will remain responsible to you for meeting those obligations.

Assignment

10.5 Your Agreement is personal to You. You may not transfer or assign any of your rights or obligations under your Agreement.

Law and jurisdiction

10.6 Your Agreement is governed by the laws of New Zealand.