Terms of Use/Service

 

Thank you for joining the Glims Learning and Glims Learning and AFED ltd These Terms of Use, together with the Privacy Policy, and any other documents they expressly incorporate, set forth the terms and conditions upon which you may access and use the education resource package, provided or operated by Glims Learning and AFED ltd including any content and functionality offered through the Service. (“Terms of Use” or “Agreement”)

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PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SERVICE. BY USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SERVICE. WE RESERVE THE RIGHT TO CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE AND ANY DOCUMENTS INCORPORATED HEREIN AT ANY TIME AND AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES MEANS THAT YOU ACCEPT AND AGREE TO SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.

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Use of the Service

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General

Subject to the terms and conditions of this Agreement, and during the term of this Agreement, Glims Learning and AFED ltd grants you a non-exclusive and non-transferable right to access and use the Service in accordance with the terms of this Agreement, and any documentation made available to you by Glims Learning and AFED ltd solely for purposes of your personal use of the Services.  The Service is enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the Services, including any and all technology, software and content. You will not copy, reproduce, alter, create derivative works from, or otherwise modify the Services, including any and all technology, software and content. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the Services. Other than as expressly set forth in this Agreement, no license or other rights in or to the Services are granted to you, and all such licenses and rights are hereby expressly reserved.

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The Service has been designed by Glims Learning and AFED ltd with the purpose of assisting people to achieve their goals through Maori culture and lifestyle, along with their language and/or other resources. We encourage you to consult with your parent/caregiver or teacher before commencing the Services.

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Registration

You are required to register for the Service and provide certain information about yourself. All information we collect about you in connection with the Services is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, including being contacted via email.

You are responsible for all activities that occur under your user account. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide; (ii) maintain the confidentiality of your password and user account information; (iii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service, and notify the Company promptly of any such unauthorized use; and (iv) comply with all applicable laws in using the Service.

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Term and Termination

The term of this Agreement will begin upon your successful registration for the Service and will continue indefinitely unless terminated by either party as permitted herein.

The Company may suspend or terminate your access to the Service if you (a) breach any term of this Agreement, or (b) engage in any conduct that the Company determines in its discretion may have an adverse effect on the Company or its reputation. Upon termination, you will no longer have access to the Service, mobile application or content provided through the Services. In addition to termination, Company reserves the right to pursue any and all remedies available to it.

 

Registration

You will provide our Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Company account. You shall not use a false nature, e-mail address or phone number or otherwise enter information with the intent to impersonate another person.

 

Intellectual Property Ownership

Except for the limited license and use rights expressly granted to you under this Terms of Use during the Term, all title to and the rights in the Services, including any and all technology, software and content, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, the Company’s or third party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of the Company and/or third parties.

 

Confidentiality

We will use and protect your personal information pursuant to the Privacy Policy. You agree not to reveal or disclose any confidential information of the Company, which includes information, materials and content provided in connection with the Service) for any purpose with the Company’s consent.

 

Non-Confidential Information

Subject to any applicable terms and conditions set forth in our Privacy Policy, any other communication or material that you send to us through the Service, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. We will be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

 

Content

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. This Service may provide information about health and wellness and certain health conditions. However, nothing on this Service should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any clinical decision or action. Patients should not use the information contained on the Service for diagnosing a health problem or disease. Medical advice should always be sought from a qualified medical practitioner. We disclaim all liability and responsibility arising from any reliance placed on such materials by you.

 

Service Access and Changes

We reserve the right to withdraw or amend this Service or materials we provide in connection with the Service, in our sole discretion. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service to users. We also may update the content on this Service from time to time, and we make reasonable efforts to maintain current information. However, we cannot guarantee that the content is complete or up-to-date.

 

Trademarks

Trademarks, service marks, graphics and logos used in connection with the Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content contained on the Service is owned by the Company or third parties and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the Service, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms of Use, no part of the Service and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, Service or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of the Company.

 

Third Party Links and Technology

Any and all third party technology or Services provided, made available, linked to, or otherwise accessible through the Service (“ Third Party Technology”) is provided solely as a convenience to you and not under our control. The Company does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third Party Technology. The Company does not have any responsibility or liability to you for any Third Party Technology which you access and you use it at your own risk. Further, you agree to comply with any and all terms and conditions applicable to the use of Third Party Technology and otherwise ensure that you have obtained all rights, licenses, and clearances that may be necessary to use such Third Party Technology. We encourage you to review the terms of use and privacy policies applicable to such Third Party Technology.

 

Indemnity

You agree to defend, indemnify, and hold the Company, its officers, directors, partners, employees, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Service.

 

Limitation of Liability

Except where prohibited by law, in no event will THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the other provisions of these Terms of Use, The Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service, THE COMPANY’S AND ITS AFFILIATE’S liability will in no event exceed the amount of fees paid during the preceding 12 month period. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

No Waiver

The failure of the Company to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by The Company of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use.

 

Severability

The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect.

 

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Website terms of use

• APPLICATION OF TERMS

  • These Terms apply to your use of the Website. By accessing and using the Website:

    • you agree to these Terms; and

    • where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, 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.

  • If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

• CHANGES

  • We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to access and use the Website, you agree to be bound by the changed Terms.

  • We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

  • These Terms were last updated on 17/09/2019. 

• DEFINITIONS

In these Terms:

including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

personal information means information about an identifiable, living person

Terms means these terms and conditions titled Website Terms of Use

Underlying System means any network, system, software, data or material that underlies or is connected to the Website

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website

We, us or our means AFED Limited

Website means Glims Learning and Glims Learning and AFED ltd

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

• YOUR OBLIGATIONS

  • You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

  • If you are given a User ID, you must keep your User ID secure and:

    • not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

    • immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to techsupport@afedsquad.co.nz.

    • You must:

      • not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

      • unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method. [User note:  If the Website includes sensitive data, you should consider whether you need to extend these restrictions.]

  • You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to [insert contact email].

  • You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

• INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

• DISCLAIMERS

  • To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

    • the Website being unavailable (in whole or in part) or performing slowly;

    • any error in, or omission from, any information made available through the Website;

    • any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

    • any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

  • We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

• LIABILITY

  • To the maximum extent permitted by law:

    • you access and use the Website at your own risk; and

    • we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

  • Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.

  • To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100. [User note:  NZD100 is a low limit for liability.  This is appropriate where the Website does nothing more than provide information about a company/group/person.  A higher amount may be appropriate if the Website has additional purposes.]

• PRIVACY POLICY

  • You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.

  • When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.

  • The personal information you provide to us (including any information provided if you register for an account) 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 may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include information about the way users arrive at, browse through and interact with our Website.  We may collect this type of technical information through the use of cookies and other means.  Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser.  If you want to disable cookies, you may do so by changing the settings on your browser.  However, if you do so, you may not be able to use all of the functions on the Website.  We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs.  We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.

  • Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:

    • to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);

    • in relation to the proposed purchase or acquisition of our business or assets; or

    • where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.

  • Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.

  • 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 [insert contact email].

• SUSPENSION AND TERMINATION

  • Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

  • On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

• GENERAL

  • If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

  • These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.

  • For us to waive a right under these Terms, the waiver must be in writing.

  • Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5, 5, 6, 7, 10.1, continue in force.

  • If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.

  • These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.