Terms and Conditions

GENERAL TERMS AND CONDITIONS OF USE

These General Terms and Conditions of Use apply to all users of the Website www.eduvac.co.nz

By viewing and using the Website you will be deemed to agree to these General Terms and Conditions of Use. If you do not agree to be bound by these terms then you should stop accessing and using the Website.

1. TERMINOLOGY: In these terms and conditions, the following words have the meanings set out as follows: 

“we” , “us” and “our” are a reference to Kaha Media Limited (the publisher of EDUVAC – The Education Weekly). 

“you” and “your” are a reference to you.

2. INTELLECTUAL PROPERTY: You acknowledge that EDUVAC is the proprietor or the authorised licensee of the copyright, trade marks and all other intellectual property rights (IP Rights) in any software, data, information, pictures, graphics and other material (Content) displayed or available through the Website. No content may be reproduced, published or transmitted without the prior written consent of EDUVAC. In particular and without limitation, you may not without prior written permission from EDUVAC: archive the Content or any part of it; form a database whether electronically or otherwise which contains any of the Content; redistribute or republish the Content. You may not link to the Website without the prior written consent of EDUVAC. You agree to remove or cease any link upon EDUVAC’s request.

3. NO ENDORSEMENTS/YOUR RISK: Much of the Content relating to jobs, products and services including descriptions, reviews, opinions, tips for job seekers and additional materials (“Third Party Content”) is developed and/or provided by third parties including advertisers and other users on the Website and will not have been prepared by EDUVAC. As a result, subject to clause 12. 

EDUVAC does not endorse, warrant or make any representation about any Third Party Content transmitted via or posted on the Website and you acknowledge that EDUVAC has not independently verified any of the information contained in the Third Party Content. 

EDUVAC takes no responsibility for the Third Party Content or for any inaccuracy or omission contained in it. 

EDUVAC does not control and is therefore not responsible for any communication between you and any other user of the Website that may have been initiated as a result of use of the Website. If you become aware of any Content or receive any communication through the Website which you consider breaches any law or any rights of any person or is otherwise threatening, defamatory, obscene, harassing or offensive please e-mail webmaster@eduvac.co.nz and where possible provide the offending person’s identification and cut and paste the relevant Content or communication into the email and EDUVAC will investigate and may remove such Content and/or take such other action as we in our absolute discretion consider appropriate. 

The views expressed in Third Party Content may not be the views of EDUVAC. EDUVAC reserves the right to remove or amend any Third Party Content but is under no obligation to exercise editorial control. You acknowledge that you use and rely on the Third Party Content obtained through this Website at your own risk. 

Where materials have been provided by EDUVAC (“EDUVAC Content”) these have been prepared and provided free of charge and solely for informational purposes. Subject to clause 12, EDUVAC does not warrant or make any representation about any materials it has provided for informational purposes. 

You understand and agree that, subject to clause 12, any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any and all damages to your computer system or loss of data.

4. INDEPENDENT TRANSACTION: If you enter into any transaction subsequent to accessing the Website, this is a transaction that you enter into directly with the other party (and independent of EDUVAC). Therefore any such transaction you enter into entirely in reliance on your own judgement and inquiries. Any statements, warranties or representations made to you or to any other person by the other contracting party are not made by or on behalf of EDUVAC. 

5. RESPONDING TO ADVERTISEMENTS: Where you apply for a job or buy goods or services  

through the Website you will ensure that the information you provide to the advertiser or other user is accurate, correct and that you have all the necessary rights to apply for that job or to buy those goods or services. You agree that where you reach an agreement to buy goods or services from an advertiser or other user you will complete that transaction and provide payment for that item in accordance with the terms agreed with the relevant seller.

6. CHANGES TO WEBSITE: EDUVAC may at any time and without notice, remove, amend and/or vary any of the Content which appears on the Website or cease operating the Website in whole or in part.

7. PRIVACY AND PERSONAL INFORMATION: Please refer to the Privacy Statement for further conditions relating to your personal information (the terms of such Privacy Statement are incorporated into these General Terms and Conditions of Use).

8. LINKS AND ADVERTISING: The Website may include links to other websites not owned by EDUVAC and/or advertising not related to EDUVAC. If you visit a linked website or contact an advertiser, that dealing will be solely between you and that other website or advertiser at your own risk. These links do not imply EDUVAC’s endorsement of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website.

9. LIABILITY: Subject to clause 12, to the fullest extent permitted by law, EDUVAC excludes all responsibility and liability in relation to the Website and EDUVAC will not be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special or loss of profits). Where any such liability cannot be excluded then, subject to clause 12, EDUVAC limits its liability to a maximum of $500 per event.

10. REGISTRATION: In order to place an advertisement or use any other Information Sharing Function you are required to become a registered user and will be required to adhere to additional terms and conditions for registered users. EDUVAC reserves the right to reject any application for registration. 

11. CHANGES TO TERMS OF USE: EDUVAC reserves the right to change these terms and conditions of use at any time by notifying users of the existence of revised terms and conditions by updating the “last updated” notice beside the link to these terms and conditions. By continuing to access the Website, you agree to be bound by the amended terms and conditions. You should check from time to time to see if these terms have changed or not. 

12. CONSUMER GUARANTEES ACT: The New Zealand Consumer Guarantees Act 1993 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These General Terms and Conditions of Use must in all cases be read subject to those statutory provisions. However, if you are a business using this Website, then you agree that the provisions of the Consumer Guarantees Act 1993 shall not apply to your use of the Website or your reliance on the Website.

13. SEVERABILITY: If any portion of these terms and conditions is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

14. LAW: These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand. 

15. CONTACT: If you have any questions or concerns in relation to the Website or these General Terms and Conditions of Use please contact us at webmaster@eduvac.co.nz 

REGISTERED USER SPECIFIC TERMS AND CONDITIONS

The following terms and conditions apply to your use of the registered users only section of any Kaha Media Limited’s websites including EDUVAC website www.eduvac.co.nz

EDUVAC may provide a variety of ways in which users may share information including without limitation: bulletin boards; blogs; discussion boards; chat rooms; classifieds; advertising; company profiles and question and answer services, each an “Information Sharing Function”. The Information Sharing Functions are provided to you subject to the terms and conditions set out below and as may be amended from time to time. By clicking the “I accept” button and/or using an Information Sharing Function you will be deemed to agree to these EDUVAC Registered User Specific Terms and Conditions and also to the General Terms and Conditions of Use and the Privacy Statement (which are incorporated into these Registered User Specific Terms and Conditions). Where there is any inconsistency between these Registered User Specific Terms and Conditions and the General Terms and Conditions of Use the Registered User Specific Terms and Conditions will prevail. If you do not agree to be bound by these terms, please do not register for the Website, and/or use, an Information Sharing Function.

1. TERMINOLOGY: In these terms and conditions, the following words have the meanings set out as follows:“Advertiser” means any party who advertises a job or goods or services for sale on a Website and may include an individual or a corporate entity.“we” , “us” and “our” are a reference to Kaha Media Limited (the publisher of EDUVAC – The Education Weekly). “you” and “your” are a reference to you. 

2. REGISTRATION DATA:You confirm that the data you provide to EDUVAC on registering as a registered user is current, complete and accurate at the time you provide it, and you agree to maintain and update the data as required to keep it so. 

3. SECURITY: You must ensure that your password is kept secure and confidential and not revealed to any other person. You agree to notify EDUVAC immediately of any unauthorised use of your password or any other breach of security. Upon your notification EDUVAC will cease to rely on that password. 

4. INFORMATION SHARING FUNCTION RULES: You agree not to post or transmit via an Information Sharing Function any software, data, information, pictures, graphics and other material (Content) that: 

a) is or is reasonably likely to be defamatory, offensive, upsetting, obscene, unsuitable for persons under the age of 18 years or that we may advise from time to time that we reasonably consider to be in any way objectionable; 

b) infringes the intellectual property rights of any person; 

c) you know or suspect to be false or misleading; 

d) is otherwise in breach of any relevant statute or rule of law; or 

e) contains any virus or other destructive component.

5. IMPROPER USE: You agree that you will not do any of the following (either directly or indirectly) while using an Information Sharing Function: 

a) harass, threaten, defame, embarrass, disrespect the privacy or feelings of or cause distress or discomfort upon another individual or entity; 

b) disrupt the flow of dialogue in an Information Sharing Function or otherwise act in a manner that negatively affects other users; 

c) impersonate any person; 

d) transmit any unsolicited advertising, promotional materials or any other forms of solicitation in an Information Sharing Function, unless expressly authorised by EDUVAC; 

e) breach any applicable law or regulation; or 

f) engage in any other conduct that EDUVAC advise that we consider (in our absolute discretion) inappropriate.

6. RELIANCE UPON PASSWORD: You are entirely responsible for activities conducted through the use of your password. EDUVAC is entitled to rely on any use of your password as a use  

by you. You waive any claim against EDUVAC in respect of or arising from any reliance by EDUVAC upon any use of your password, including EDUVAC disclosing information relating to your registration and/or affairs with EDUVAC. You agree to indemnify and hold EDUVAC, its officers and employees harmless from any claims, actions, costs (including legal costs), or losses by EDUVAC or any third party due to or arising out of reasonable reliance by EDUVAC or any third party upon any acts carried out, requests made or information provided through the use of your password.

7. CONTENT: EDUVAC has the right, but not the responsibility, to remove Content which it deems (at its discretion) in violation of these EDUVAC Registered User Specific Terms and Conditions. EDUVAC may at its sole discretion monitor some, all, or no areas of an Information Sharing Function for adherence to these Registered User Specific Terms and Conditions. If you are aware of any Content or any communication which you regard as in breach of these Registered User Specific Terms and Conditions, please email webmaster@eduvac.co.nz and where possible provide the offending person’s identification and cut and paste the relevant Content or communication into the email and EDUVAC will investigate and may remove such Content and/or take such other action as we in our absolute discretion consider appropriate. You agree that EDUVAC may exclude your Content posting or move your posting to a more appropriate topic if it contains any information that is irrelevant to the topic.

8. EXISTING INTELLECTUAL PROPERTY: You and EDUVAC agree that any intellectual property created independent of this arrangement but which is used for the purposes of this arrangement, shall remain the property of the creator. For the avoidance of doubt, you will not obtain any rights in any templates, programs or tools made available to you by EDUVAC through the Website.

9. NEW INTELLECTUAL PROPERTY: EDUVAC will own all intellectual property developed by it or its contractors (whether commissioned by you or otherwise), in connection with this arrangement including in the provision of goods and services by EDUVAC. 

10. LICENCE: You grant to EDUVAC a perpetual, royalty-free, non-exclusive, irrevocable, world-wide licence to do any of the following in respect of any Content you place on an Information Sharing Function: 

a) exploit all intellectual property rights you may have in such Content (including but not limited to rights under copyright, trademark) in all jurisdictions world-wide; 

b) use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and 

c) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. 

You warrant that you are authorised to grant this licence to EDUVAC.

11. CONTACT: By ticking the box upon registration you agree that we may contact you in the following manner: 

a) to provide you with further information, including newsletters and promotional offers, about our Websites or other websites or goods or services offered by us or our related companies, or which we consider may be of interest to you; and 

b) to carry out market research and conduct surveys.

12. SELLING: Where you choose to advertise or sell goods or services on this Website you will ensure that the information contained in the Information Sharing Function is accurate, correct and that you have all the necessary rights to advertise or sell those goods or services at the time the information is posted and for the period it remains on the Website. Where a sale has been completed in relation to the goods or services offered or the information in the Information Sharing Function is no longer correct, you will correct the information in the Information Sharing Function or notify EDUVAC. To the extent you fail to correct the information or notify EDUVAC, you will indemnify EDUVAC against any loss, costs, liability or damages EDUVAC may suffer as a result of such a failure. You agree to receive any communications from other users for the purposes of allowing them to obtain further information about the goods or services for sale and if you reach an agreement for the sale of goods or services with another user you will complete that transaction and deliver the goods or services that have been sold in accordance with the terms agreed with the relevant purchaser.

13. BUYING: Where you buy goods or services through this Website either from an Advertiser or from us you will ensure that the information you provide is accurate, correct and, in the case of  

goods and services, that you have all the necessary rights to buy those goods or services. You agree that where you reach an agreement to buy goods or services from either an Advertiser or us you will complete the transaction and provide payment for those goods or services in accordance with the terms set out in paragraphs 17 and 18 below in the case of a transaction with us, or in the case of a transaction with an Advertiser then in accordance with the terms agreed with the relevant Advertiser.

14. ADVERTISING JOBS: Where you choose to advertise jobs on the Website you will ensure that the information contained in the Information Sharing Function is accurate, correct and that you have all the necessary rights to advertise the relevant jobs at the time the information is posted and for the period it remains on the Website. Where a job advertised is no longer available or the information in the Information Sharing Function is no longer correct, you will correct the Information Sharing Function or notify EDUVAC. To the extent you fail to correct the information or notify EDUVAC, you will indemnify us against any loss, costs, liability or damages EDUVAC may suffer as a result of such a failure. You agree to receive any communications from other users for the purposes of allowing them to obtain further information about the jobs advertised. 

15. APPLYING FOR JOBS: Where you apply for jobs through the Website you will ensure that the information you provide is accurate, correct and that you have all the necessary rights to apply for those jobs.

16. PAYMENT: The prices for goods and services purchased from us as specified on the Website are in New Zealand dollars and are exclusive of GST. GST will be added to the amount set for the goods and services and will be paid for by you. EDUVAC may change its rates at any time unless they are expressly fixed for a period of time.

17. OVERDUE PAYMENTS: Where you purchase goods or services from EDUVAC you will pay EDUVAC interest together with debt collection costs on any amount due and not paid by the due date for payment. Interest at EDUVAC’s overdraft interest rate plus 5% (five per cent) will be payable on the amount outstanding from the due date until full payment is received by EDUVAC. All payments must be made in full without deduction, set off or counter claim.
18. NO WARRANTIES: Subject to clause 20 you expressly understand and agree that EDUVAC makes no warranties that 

a) the Information Sharing Functions will meet your requirements; 

b) the Information Sharing Functions will be uninterrupted, timely, secure or error-free; 

c) the results that may be obtained from the use of the Information Sharing Functions will be accurate or reliable; and 

d) the quality of any products, Information Sharing Functions, information or other material obtained by you through an Information Sharing Function will meet your expectations.

19. LIMITATION OF LIABILITY: The New Zealand Consumer Guarantees Act 1993 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Registered User Specific Terms and Conditions must in all cases be read subject to those statutory provisions. However, if you are a business using this Website, then you agree that the provisions of the Consumer Guarantees Act 1993 shall not apply to your use of the Website or your reliance on the Website. 

Subject to the above paragraph, to the fullest extent permitted by law, EDUVAC excludes all responsibility and liability in relation to the Website and EDUVAC will not be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special or loss of profits). Where any such liability cannot be excluded then, subject to the above paragraph, EDUVAC limits its liability to a maximum of $500 per event. 

20. INDEMNIFICATION: You agree to indemnify and hold EDUVAC, its officers and employees, harmless from and against any claims, actions, liabilities, demands, costs (including legal costs) or losses due to or arising out of your use and/or conduct (or use or conduct by any person on your behalf or using your password) in relation to an Information Sharing Function, including without limitation a purported act of defamation or other breach of these terms and conditions.

21. TERMINATION: You or EDUVAC may terminate this agreement and your registration at any time for any reason (including without limitation, a failure by you to comply with any of the Website’s terms). Once terminated, you cannot access the Website in any manner or for any reason without EDUVAC’s express written consent. 

22. ASSIGNMENT: EDUVAC may, at any time, and without the need for further consent from you, assign or transfer all or any of its rights or obligations under this agreement to any person. You may not assign or transfer any of its rights or obligations under this agreement to any other person without obtaining the prior written consent of EDUVAC such consent not to be unreasonably withheld or delayed.

23. CHANGES TO TERMS OF USE: EDUVAC reserves the right to change these terms and conditions of use at any time by notifying users of the existence of revised terms and conditions by updating the “last updated” notice beside the link to these terms and conditions. By continuing to use the Information Sharing Functions, you agree to be bound by the amended terms and conditions. You should check from time to time to see if these terms have changed or not.

24. LAW: These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.

25. SEVERABILITY: If any portion of these terms and conditions are deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

26. CONTACT: If you have any questions or concerns in relation to an Information Sharing Function or these terms and conditions please contact EDUVAC by webmaster@eduvac.co.nz