Terms and Conditions  


PLEASE READ AND CONTINUE AS INSTRUCTED
This website is owned and operated by Tawhana Enterprises Limited ("Owner"). By accessing and using this website, you agree to each of these Terms and Conditions ("Terms").

The Owner reserves the right to modify these Terms at any time. Your use of this website following inclusion of such modification in these Website Terms and Conditions will be deemed to be your acceptance of such modification.


Passwords
In order to access this website you will be issued a unique user name and password. This user name and password will also control the level of access you are granted. Every user name and password issued to you must be kept confidential to you, may only be used by you, and may only be used for the purpose for which it was issued.

Your user name and password may be cancelled at any time you are in breach of these Terms or any amount payable for your password is not paid on due date.

Restrictions
You may not:


You must not make any use of a course, this website or the System which is contrary to law or that contravenes the intellectual property, privacy and any other rights of any third party.

You must not introduce to this website or the System any virus, worm or any other code designed to manipulate or damage the System or website in any way.

Privacy Statement
The collection and use of personal information on individual users of this website is regulated by applicable privacy laws. Information on the following is collected by this website in relation to each user:
(a) the courses the user is enrolled in;
(b) Details of the user's participation in those courses;
(c) The user's results achieved in those courses.

This information is shared with:
(i) The party who paid for your course; and
(ii) The party who issued your user name and password to you.

The Owner may also make information available to third parties to determine the effectiveness of the courses offered on this website or rates of participation of particular user groups. The Owner will ensure that any such information does not contain anything capable of identifying an individual user.

By taking part in any course accessible on this website you agree to this collection, disclosure and use of any information you submit to the site.

You may request a copy of any information relating to you collected by this website at any time and request that it be corrected. To make a request please contact us at [email address].

Rights to Material and Information
All rights (including intellectual property rights such as copyright) in any material or course accessible on this website, the website itself, and any information created or collected through this website are the exclusive property of the Owner.

Liability
The Owner’s maximum aggregate liability for all loss or damage arising from any course, this website, the System or any of their functions (whether in contract, tort or otherwise) shall not exceed the amount received by the Owner user name and password.

Exclusions, Limitations on Access and Changes
The stability and availability of this website is dependent on the stability of the System, the Owner's ISP provider and the nature of the internet. Accordingly access to this website can not be guaranteed to be error free or uninterrupted and the Owner will not be liable for such errors or interruptions. In addition the security of information transmitted over the internet can not be guaranteed and the Owner will not be liable for any breach of security while information is transmitted over the internet. The Owner may temporarily suspend access to this website and the System to carry out maintenance, repairs, reconfigurations or upgrades. The Owner may update or change the content, nature and functionality of this website or any course from time to time without notice to you or any other person.

Indemnity
You indemnify the Owner against:
(a) All costs or losses arising from any breach of these Terms by you;
(b) any costs, losses, claims or liabilities arising from any third party claims made against the Owner as a result of any breach of these Terms by you; and
(c) Any costs, losses, claims or liabilities of the Owner arising from any use of password not expressly permitted in these Terms.

No Implied Warranties
To the extent permitted by law, all implied warranties including as to merchantability and suitability for any purpose are expressly excluded.

Governing Law and Jurisdiction
These Terms are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the New Zealand courts in respect of all matters relating to these Terms.

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