Website Use Terms & Conditions (including Support Hub Terms)

These Website Terms were last updated on 10th February 2020.

PART A: GENERAL WEBSITE TERMS

1. Introduction

1.1 These Website Use Terms and Conditions (Website Terms) explain the terms that apply to your use of the Network for Learning (N4L) Website and the N4L Support Hub.
1.2 Capitalised terms used in these Website Terms have the meaning given to them in the Glossary.

2. Who do these Website Terms apply to?

2.1 These Website Terms apply to any user of our Website (you). Please note that:
  • Part A of these Website Terms apply when you access any part of our Website, including Support Hub.
  • Part B of these Website Terms only apply when you access the Support Hub.
2.2 These Website Terms also incorporate our Privacy Statement, which governs the way we collect, use and disclose your personal information.
2.3 Please read these Website Terms and our Privacy Statement carefully. By accessing and using our Website you are deemed to confirm that you have read, understood and agreed to be bound by these Website Terms. If you do not agree to any part of the Website Terms, you must not access, or must immediately stop accessing, our Website and/or Support Hub.

3. Updates

3.1 We may update these Website Terms (or any part of them) at any time by posting an updated version on our Website. The updated version of these Website Terms will take effect immediately after it is posted as the current terms. We may also take additional steps to bring the changes to your attention, including by notifying you directly and/or posting the updated Website Terms on our website in advance. You are responsible for reviewing these Website Terms regularly to ensure that you are aware of any updates.
3.2 We may change the format, content and/or functionality of any part of our Website at any time.

4. Information and security

4.1 All information contained on our Website is provided for general information purposes only. It is not intended to be a substitute for commercial judgement or professional advice and we do not guarantee that any information provided on our Website is accurate, complete, up to date or suitable for your intended use.
4.2 Security of your information and use of our Website is very important to us. We will take reasonable technical and organisational precautions to protect our Website and information that we hold. However, due to the inherent nature of the internet, we are not able to guarantee the security of our Website or any information that you hold or that you transmit to us. In particular, we do not guarantee that our Website (including the Support Hub) will:
  • be completely secure or private or that any data will never be lost or damaged;
  • be free of errors, defects, malware or other harmful things;
  • be free of any harmful or inappropriate content;
  • be uninterrupted, timely or always accessible, available or fully functioning; or
  • have any particular content or features.
4.3 You are responsible for taking your own measures to reduce the risk of viruses or other forms of interference damaging your computer system.

5. Exclusion of our liability

5.1 To the extent permitted by law:
  • the Website is provided on an “as is” and “as available” basis and, except as expressly set out or referred to in these Website Terms, all warranties, representations, conditions, undertakings and terms, whether express or implied, are expressly excluded; and
  • in no event will we be liable under contract, tort (including negligence) or otherwise under or in connection with these Website Terms and/or your access to, use of, inability to use or reliance on our Website (including Support Hub) or any information contained in or accessed through our Website.
5.2 You acknowledge that access to our Website is provided at no charge and accordingly the exclusions of liability set out in this clause is fair and reasonable. However, if and to the extent the above limitation is ineffective, our total liability (however arising, including in negligence) to you and all third parties (in aggregate) is limited to $100.
5.3 You acknowledge that Support Hub is provided for business purposes and, if you use Support Hub, the provisions of the Consumer Guarantees Act 1993 do not apply.

6. Third party websites

6.1 Our Website may provide links to other websites for your convenience and information. These websites are outside our control and the provision of a link to a third party website does not imply our agreement to or endorsement of any of the information contained on the third party website or otherwise imply any association with the third party. Third party websites may have different terms of use and privacy policies, which you should review before using the third party website.
6.2 If you link our Website to your website, you must remove the link at our request.

7. Intellectual property rights

7.1 We own or have obtained a valid licence to use all copyright, trademarks and other intellectual property rights used on our Website and all such intellectual property rights will remain solely with us and/or our licensors (as the case may be).
7.2 Other than a single copy for private and non-commercial use, no part of our Website may be distributed, copied or incorporated in any document or publication, whether in hard copy, electronic or any other form. Except as expressly authorised by us, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of our proprietary information.

8. General

8.1 This Website has been designed and developed for a service within New Zealand and is not intended for viewing or use by visitors outside of New Zealand. If you access our Website from outside New Zealand you are responsible for compliance with any applicable laws of that jurisdiction.
8.2 These Website Terms are governed by and construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.
8.3 If any provision of these Website Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these Website Terms will otherwise remain in full force and effect. Our failure to exercise any right will not be deemed a waiver of that right or any other rights that we may have.

9. Contact us

9.1 If you have any questions about these Website Terms or our Website (including the Support Hub) please contact us at:

N4L's Helpdesk

Monday to Friday | 8am to 5pm

0800 LEARNING | support@n4l.co.nz

N4L Auckland (Head Office)

PO Box 37 118

Parnell

Auckland 1151

PART B – SUPPORT HUB TERMS AND TAKEDOWN POLICY

1. Introduction

1.1 Support Hub is an online, self-service, support community relating to N4L Products and Services that makes it easier for Schools and their ICT support providers to access technical information and advice. It includes:
  • a community forum for technical discussions
  • instant messaging with our Helpdesk
  • self-service incident reporting to our Helpdesk
  • access to support content and information.
1.2 In addition to the Website Terms set out above, this Part B applies when you access Support Hub.

2. User accounts

Support Hub School Accounts

Support Hub School Accounts are for individuals who work at a school (either as an employee or a contractor) and require access to Support Hub, typically in the provision of IT services. As such:

2.1 Each Support Hub School Account:
  • must be associated with a single School
  • must use the school’s email domain (e.g. firstname.lastname@schoolname.school.nz or admin@schoolname.school.nz)

School students cannot have Support Hub School Accounts.

2.2 If you apply for a Support Hub School Account:
  • your application is subject to your school’s Principal’s or their Delegated Authority’s approval
  • you must be employed by, or contracted to, the School under which you applied for your account. Your relationship with the School may be subject to confirmation by the School (e.g. by the principal, CEO or equivalent role, or their delegate)
2.3 If you hold a Support Hub School Account:
  • you must notify N4L when you stop working for the School
  • if you move to another School, you will need to apply for a new account using that School’s email domain
  • you must notify N4L if your role, contact details or other account information changes.

Support Hub IT Provider Accounts

Support Hub IT Provider Accounts are for external IT Provider companies so that they can create a single Support Hub account, to be shared between their employees in the provision of services to a number of schools. As such:

2.4 IT Providers must have a single account for their company, using their company’s email domain (e.g. admin@ict.co.nz). The account can be shared amongst their support staff and can be associated with multiple Schools, subject to the schools’ approval. The account email address (username) must be generic e.g. admin@ict.co.nz. The account must specify a primary User with whom we can communicate in relation to Support Hub and who is responsible for managing the account and any issues relating to the account.
2.5 If you hold, or apply for, a Support Hub IT Provider Account:
  • your application is subject to our approval
  • you must manage 5 or more schools to qualify
  • you must be contracted, by each School you apply to have your account associated with, to provide IT support to that School. Your relationship with the School may be subject to confirmation by the School
  • you must let our Helpdesk know in advance (see our Website for contact details) when your contract to provide IT support to a School will end.

Account deactivation

2.6 You may deactivate your account at any time.
2.7 We may deactivate your account immediately if:
  • you breach these terms;
  • we believe your account has been compromised (e.g. password theft);
  • you are a Support Hub School Account user and you are:
    • no longer working for the School with which your account is associated or your School notifies us that you are not authorised to hold or access this account; or
    • you are deregistered as a teacher;
  • you are an IT Provider and you are no longer contracted by any of the Schools with which your account is associated to provide IT support services; or
  • we believe it is desirable in the interests of other Users.
2.8 We may deactivate your account on one month’s written notice if we cease providing Support Hub generally. If your account is deactivated, you will not be able to access Support Hub via that account but your content and profile for that account will still be visible to other Users.
2.9 We may lift your account deactivation if you demonstrate to our reasonable satisfaction that the reason for us deactivating the account has been resolved and will not be repeated.

3. Using Support Hub

Password

3.1 You must protect your password and you are solely and fully responsible for all activities that occur under your account.

Posting Content

3.2 Content, whether posted in public or restricted areas, is the sole responsibility of the person holding the account under which the content is posted. Accordingly, you are entirely responsible for your posts and all posts by any person on your account. We may remove or reword any post at our sole discretion.
3.3 We are not a content storage provider.Except as required by law, we have no obligation to retain your content or return it to you.

Screening Content

3.4 We do not screen, monitor or endorse any content other than our own. We make no promises or guarantees in relation to that content, including as to its adequacy, accuracy, completeness, non-infringement or freedom from anything harmful or inappropriate. If we discover any content that does not appear to meet these terms, we may in our sole discretion investigate and determine whether to remove it.

Using Content

3.5 You must evaluate, and bear all risks associated with, the use of content, including any reliance on its accuracy, completeness, or usefulness.
3.6 We authorise you to view and download a single copy of the content solely for your own, non-commercial use. You may not sell or modify any content or reproduce, display, publicly perform, distribute, or otherwise use any content in any way for any public or commercial purpose without our written permission.
3.7 You must notify us as soon as possible if you have access to content relating to a School that is not associated with your account.

Inappropriate Use

3.8 You agree only to use Support Hub and content in ways that are legal and properly related to providing or obtaining technical information and advice. For example, when using Support Hub you must not:
  • post any commercial messages or advertisements;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • post any inappropriate, defamatory, infringing, obscene, racist, sexist or unlawful content;
  • post any content that infringes any right of any party;
  • download any content that you know, or reasonably should know, cannot legally be downloaded;
  • impersonate another person or entity, or falsify or delete any author attributions, legal or
  • other proper notices or proprietary designations or labels of the origin or source of content;
  • restrict or inhibit any other User from using and enjoying Support Hub;
  • use Support Hub for any illegal or unauthorised purpose;
  • interfere with or disrupt Support Hub or servers or networks connected to Support Hub, or disobey any requirements, procedures, policies or regulations of networks connected to Support Hub;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Support Hub or collect information about Users for any unauthorised purpose;
  • submit content that falsely expresses or implies that such content is sponsored or endorsed by us;
  • create or attempt to create User accounts by automated means or under false or fraudulent pretences;
  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
  • transmit any viruses, worms, defects, Trojan horses, or any other Disabling Code.
3.9 While we prohibit such use, you understand that you nonetheless may be exposed to such conduct and that you use Support Hub at your own risk.

Your Content

3.10 We claim no ownership over any content you post. You or your licensors retain all Intellectual Property in such content. By posting content, you grant us a non-exclusive, irrevocable, sub-licensable, royalty-free licence to:
  • display your content in Support Hub in accordance with Support Hub’s functionality;
  • use, host, store, modify, adapt, copy, publish, display, distribute and create derivative works of your content for the purposes of providing, supporting, improving and operating our Products and Services;
  • use all ideas, comments or suggestions from you on changing or improving our Products and Services or the services of IT Providers; and
  • otherwise use, modify and distribute your content as reasonably required for the purpose for which it was provided.
3.11 You represent to us that use of your content in accordance with the above terms does not contravene any laws or infringe anyone’s rights.

4. Take Down Policy

Taking down content

4.1 It is very important to us that all content on our Support Hub is:
  • lawful (e.g. does not breach anyone’s intellectual property);
  • appropriate for our audience (e.g. is age appropriate); and
  • not a result of any inappropriate use described above.
4.2 If we believe that unsuitable content has been made available on the Support Hub, we will promptly take the content down.

Takedown requests

4.3 Requests to take content down usually come from holders of intellectual property rights in the content, or people who consider our content is otherwise unsuitable.

What if I have rights to content posted on Support Hub?

4.4 If you are a rights holder and are concerned that you have found material on our sites for which you have not given permission, or that is not covered by a limitation or exception in national law, please use the functionality on our sites to flag the item(s) in question, or contact us using the contact details set out below, and let us know:
  • your contact details
  • the full bibliographic details of the material
  • the exact and full URL where you found the material
  • proof that you are the rights holder or are an authorised representative of the rights holder
  • why you are objecting to the use of the material.

What if I think the content is unsuitable?

4.5 If you believe you have found otherwise unlawful or inappropriate content on our sites, please use the functionality on our sites to flag the item(s) in question, or contact us using the contact details set out below, and let us know:
  • your contact details;
  • the exact and full URL where you found the material; and
  • a statement of the grounds on which you believe the content is unlawful or you find the Content inappropriate.

How do I contact you?

4.6 You can contact us in writing at the email or postal addresses below:

noticeandtakedown@n4l.co.nz

Notice and Takedown

The Network for Learning Ltd

PO Box 37 118

Parnell

Auckland 1151

Takedown procedure

4.7 After you make a takedown request, unless we consider the request vexatious, we will acknowledge receipt of your request by email or letter and make an initial assessment of its validity.
4.8 If we consider it appropriate, we will remove the content from the Support Hub pending resolution of the matter. We will also contact the contributor of the content and advise them that the content is subject to a takedown request, provide them with the details of your request, and encourage them to resolve the matter with you.
4.9 Once the matter has been resolved, the material will be addressed in accordance with the resolution that has been reached. For example it may be:
  • replaced unchanged on our sites;
  • replaced on our sites with changes; or
  • permanently removed from our sites.
4.10 If the matter is not resolved, we may take any action we see fit (at our sole discretion), including any of the actions referred to above.
4.11 We reserve the right to modify or take down content from the Support Hub at any time.