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 Your obligations
3.1 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.
3.2 If you create a User account, you must keep your Username and Password secure and:
- Even though portions of this website may be visited by any Visitor, some portions will require a User to register as a Member. Registration on our website is free for prospective students.
For a User to register as a Member, you must either;
- Be of atleast 16 years old; or
- If you are younger than 16 years old, please refer to Section 4, below.
- not permit any other person to use your User ID, including not disclosing or providing it to any other person.
- If you believe that your username and or password may be known by or being used by someone else with or without your knowledge or approval, you must notify us immediately by emailing us at [email protected]; and
- if you believe that your username and or password may be known by or being used by someone else with or without your knowledge or approval, you must notify us immediately by emailing us at [email protected]
- If you forget your password, please click on this link and we will reset your password and send it to the email address that you registered your account with. We reserve the right to terminate your user account at any time under the suspicion that it is being used by somebody other than yourself.
3.3 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;
- access the Website by any other method other than standard web browsers. 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, unless we have made a written agreement;
- Use the website for commercial purposes or to obtain financial gain without a prior written agreement;
- Use the website to advertise any business, product or service of any establishment except under the written agreement of a written advertiser agreement that we have entered into with you or your establishment.
- Impersonate another user; and
- Harass, threaten or intimidate and User.
3.4 You are solely responsible to log out of the Website at the end of each use.
3.5 As a Visitor, you agree not to access unauthorised areas of the website that is intended for Members only.
3.6 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 account.
4 Under the age of 16 years
If you are under 16 years old and wish to become a Member of the New Zealand Study 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 New Zealand Study 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 New Zealand Study:
- You grant New Zealand Study a royalty-free, perpetual, and permanent 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 New Zealand Study 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.