1 Application of terms
1.2 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.
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
- 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 NZ Study International Limited
- Website or site means https://studyspy.ac.nz
- User, Member or Visitor means you, the individual using the website.
3 Content, information and communication between Education Provider & StudySpy
3.1 Your Obligations as an education provider:
By using StudySpy you: agree to provide true, accurate, current and complete information about yourself and your services; have the authority to list courses on behalf of the education provider agree to maintain and update information that you upload to StudySpy to keep it true, accurate, up-to-date and complete. If any information provided is untrue, inaccurate, not up-to-date or incomplete, or if StudySpy has reason to suspect that the information is such, StudySpy has the right to suspend or terminate your account and refuse your current or future use of StudySpy.
3.2 Sites Content
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), provided via StudySpy is protected by copyrights, trademarks or other intellectual property and other proprietary rights and laws. You shall use StudySpy’s Content only for purposes that are permitted by these Terms and any applicable laws and regulations.
3.3 Your Content
You acknowledge and agree that if you contribute, provide or make available any Content to StudySpy (“Your Content”), you hereby grant to StudySpy a non-exclusive, worldwide, perpetual, royalty-free, transferable right and license to use, reproduce, adapt, modify, distribute, translate, publish, create works from, perform, and display Your Content, in whole or in part, in any media for any purpose, without compensation to you or any other provider of Your Content. You represent and warrant that you have the authority necessary to grant the aforementioned license, and that all Your Content does not infringe the rights of any third party and complies with all applicable New Zealand laws and regulations.
3.4 Content Restrictions
You accept that you are responsible for all Content, in whatever form, that you provide via StudySpy. You agree not to use StudySpy to upload, post, email or otherwise make available any Content that: is unlawful, harmful, threatening, harassing, defamatory, obscene, libellous, invasive of another’s privacy, or infringes upon another person or entity’s intellectual property rights; Involves impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
3.5 StudySpy Remedial Rights
You acknowledge that StudySpy does not check or verify any Content provided or made available by you or any third party via StudySpy, but that StudySpy hold the right to monitor, alter, edit, or remove any of Your Content. You acknowledge and agree that StudySpy may store Your Content and may also disclose Your Content for any reason should StudySpy feel it necessary (under law or for any other reason).
4 Under the age of 16 years
If you are under 16 years old and wish to become a Member of the StudySpy website, you must gain a parent or guardian’s permission to do so before registering on the site. You should discuss these terms with them before gaining their permission.
5 Intellectual property
5.1 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.
5.2 You take no proprietary interest in the StudySpy website or information provided within it by us or others and may not use them in any other way except for the instances that are laid out in these terms and conditions. The exception to this rule is for the instances that data is licensed under Creative Commons, you must refer to the source of such data and clearly read the Creative Commons license under which grants the data’s use.
5.3 You must not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer such content. You agree not to obtain any intellectual property rights by using any content from NZ Study International Limited. You may use such content for your personal reference without alteration, addition or deletion if it is used solely for personal use and not used in any commercial reference.
5.4 By sending content to StudySpy:
- You grant StudySpy a royalty-free, perpetual right and license to use, reproduce, modify, adapt, publish, distribute and communicate the content to the public; and
- You allow us to adapt the content and you agree to waive your moral rights to object to be identified as the author of the material.
6.1 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.
6.2 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.
6.3 We may preserve or disclose the content and personal details associated with your account to any third party if such disclosure is necessary:
- To facilitate your communication with an education provider;
- To maintain the website; or
- By law.
6.4 We may suspend or cancel your access to the StudySpy website at any time if you break any of these terms.
7.1 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.
7.2 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.
8.1 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.
8.2 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.
8.3 For us to waive a right under these Terms, the waiver must be in writing.
8.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 3.6, 5, 6, 7, and 8.1, continue in force.
8.5 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.
8.6 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.
9 Governing law and jurisdiction
This website is governed by, and is to be interpreted in accordance with, New Zealand law. Any claims or disputes concerning this website will be resolved by the New Zealand courts. To the fullest extent permitted by law, we’ll not be liable for any failure of this website to comply with the laws of any other country.