terms and conditions

Please read these Terms carefully before using our Service.

Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms.

By accessing or using the Service you agree to be bound by these Terms.

If you disagree with any part of the Terms, then you may not access the Service.

We reserve the right to amend these Terms at any time and without notice with effect from the date of the amendment.

1.0 Definitions

1.1

In these Terms the following expressions shall have the meaning ascribed below unless expressly provided otherwise:

a) “Courses” refers to the informal courses and school holiday programmes advertised on our Site by Tutors.

b) “Learners” refers to people using the Service to search for Courses.

c) “Service” has the meaning provided in clause 2.0.

d) “Site” refers to our website on which we provide the Service.

e) “Advertiser” refers to people that advertise Courses on our Site.

f) “users” refers to Learners and Advertiser using our Site and any person using their account (with permission or otherwise).

g) “we”, “us”, “our” refers to Link and Learn Limited.

h) “you” refers to Learners and Advertiser using our Service and any person using their account (with permission or otherwise).

1.2

References in these Terms to “people” or “persons” shall include natural persons and incorporated and unincorporated entities (including charitable and non-charitable trusts, partnerships, incorporated societies, educational institutions and government agencies).

2.0 Service

2.1

The Service includes:

a) Providing Learners with access to our Site to search for details of Courses advertised on the Site by Advertisers.

b) Providing Advertisers with access to our Site to advertise Courses provided by the Advertiser; and

c) Providing an e-newsletter to Learners and Advertisers, in accordance with these Terms.

3.0 General Disclaimer

3.1

We are not related to, are not in partnership with and do not act on behalf of any Learners or Advertisers.

Accordingly, the Service does not include the provision of any Courses and we do not provide any warranty in respect of, and are not liable in any way for:

a) the content, quality, availability or cost of any Courses.

b) any representation made, or information provided, in relation to any Courses (whether that representation or information is provided by the Advertiser, us or a third party).

c) the interest in, level of attendance at, or cancellations in respect of any Course by Learners.

d) the payment of any fees for a Course by Learners.

3.2

We will not:

a) take enquiries or answer questions about any aspect of a Course. All enquiries must be made directly to the Advertiser.

b) contact Learners in respect of payment for Course fees. Advertisers are responsible for collecting payment of all fees directly from the Learner.

c) forward messages or assist in Learners and Advertisers contacting each other (other than by the information provided on our Site).

3.3

While our Service facilitates a connection between Learners and Advertisers, we are not part of the legal relationship between those Learners and Advertisers. Accordingly, Learners and Advertisers are responsible for, and must contact each other directly, in respect of all matters relating to the Courses (including enrolments, logistics, information, payment and collection of course fees, managing cancellations and refunds).

4.0 Access and use of the Site

4.1

Our Site is intended for users who are at least 18 years old. All users that are under the age of 18 must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms.

4.2

Your use of the Service and access to the Site is:

a) non-exclusive,

b) non-transferable,

c) subject to these Terms and any other conditions we may impose from time to time.

4.3

You may temporarily download one copy of the Site content for personal, non-commercial transitory viewing only.

4.4

You may not:

a) archive, copy, reproduce, distribute, modify, display, publish, licence, create adaptations or derivative works from, offer for sale or use (except as expressly authorised under these Terms) any of the Site content.

b) circumvent, remove, alter, disable, deactivate or otherwise interfere with any security-related features of the Site,

c) use any automated tools or mechanisms including any robot, spider or scraper to access the Site or insert any code or manipulate the Site.

d) reverse engineer, disassemble or decompile any software or software processes in relation to the Site.

e) use the Site content for any commercial purpose, or for any public display (commercial or non-commercial).

f) remove any copyright or other proprietary notices on the Site.

g) install any viruses, worms or other harmful software or thing that may impair the functionality of the Site or the ability of people to access the Site or Service.

4.5

We cannot guarantee the Site will be available at all times. If, for any reason (including emergency or planned maintenance), our Site is not available for any period of time:

a) we will not be liable to any users or other parties or required to pay any compensation, losses or costs of any kind in respect of such unavailability; and

b) we will not fully or partially refund advertising fees to Advertisers in relation to any period of unavailability unless, in our reasonable opinion, the period of unavailability is ongoing and significant and not related to any of the matters outlined in clause 4.7 below.

4.6

We reserve the right to limit or restrict the access of Learners or Advertisers to certain functionality, webpages, or the entirety of the Site.

4.7

We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person, and delete that person’s account, for any reason or no reason (including, but not limited to, for breach of any of these Terms or any applicable laws of New Zealand).

5.0 Advertising Fees

5.1

In consideration of an Advertiser advertising a Course on our Site the Advertiser will pay us the relevant fee.

5.2

The fees payable by the Advertiser will be those published on our Site at the time the Advertiser submitted an advertisement for placement on our Site.

5.3

Payment methods are by credit card, internet banking or such other method as agreed by us from time to time. Advertisers will be charged an additional nonrefundable credit card processing fee when payment is by credit card. Our online credit card and internet banking payments are done by third party providers. In using these payment services, you consent to your information being provided to the said third party providers.

5.4

Unless expressly stated otherwise, all fees are expressed in New Zealand Dollars and are exclusive of GST.

5.5

The fees (along with any GST payable on those fees) will be payable in advance when submitting content for approval. Your receipts will be emailed to you at the email address we hold on record for your account. It is your responsibility to maintain a valid contact email address for the purpose of receiving these receipts.

5.6

We reserve the right to change our advertising fees at any time by amending our Site. In the event of change, we shall provide a general notice on our website and changes become effective upon publication.

5.7

If you cancel your advert after publication a refund is not available.

6.0 Advertising

6.1

Subject to clause 6.2, all advertising material is supplied by the Advertiser and is subject to our approval.

6.2

While all advertising material must be approved by us we do not purport to investigate, monitor or check such advertising material for accuracy, appropriateness or completeness. Our approval of such advertising material does not imply our endorsement of it or of any information contained in it.

6.3

We reserve the right to refuse to publish an advertisement, or to remove an advertisement we previously agreed to publish, based on:

a) a lack of adherence to the Advertising Standards Code 2018 https://www.asa.co.nz

b) the content, in our opinion and for any reason, not being appropriate for our Site; or

c) any breach, or potential breach, of a third party’s intellectual property rights, or

d) evidence an Advertiser is in breach of any of these Terms.

6.4

The Advertiser must complete an advertising template and submit it to us for approval. We will not be responsible for any malfunction of material provided by the Advertiser.

6.5

If we fail to publish an advertisement for any reason (other than a breach of these Terms by the Advertiser) we will:

a) publish the advertising material as soon as is reasonably practical (unless we have refused to publish it or removed it); or

b) refund the Advertiser the advertising fee or a proportion of the advertising fee, and we will not be liable to the Advertiser or any other party for any compensation, costs or losses (other than that described in this clause in relation to such failure or removal).

7.0 Learner’s Responsibilities

7.1

Your log in and password are your responsibility to keep secure. We advise you do not let anyone else use your account.

7.2

Learners must liaise directly with the Advertiser if they are unable to attend the course and are subject to the Advertiser’s terms and conditions.

8.0 Advertiser’s Responsibilities

8.1

Your log in and password are your responsibility to keep secure. We advise you do not let anyone else use your account.

8.2

It is the responsibility of the Advertiser to:

a) take full responsibility for any advertisements you place on our Site and the services or products sold through those advertisements.

b) ensure you possess all rights and authority to place advertisements on the Site (including, but not limited to,

intellectual property rights and contractual rights).

c) ensure the advertisements comply with the Terms and all applicable laws of New Zealand.

d) take enquiries or enrolments for Courses direct with the Learner.

e) take payment of Course fees direct from the Learner.

f) manage cancellations, changes of course dates or times and refunds direct with the Learner.

9.0 Liability and Indemnity

9.1

We will not be liable in any way to any user or other person for any indirect or consequential loss including loss of profit, loss of revenue, loss of use, or loss of opportunity.

9.2

To the extent permitted by law, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to Fifty Dollars ($50.00).

9.3

You agree to indemnify and keep indemnified at all times us and each of our directors, employees and contractors, from and against all claims, losses and costs of any nature we suffer, whether in contract, tort, strict liability or otherwise, as a direct or indirect result of:

(i) a breach of these Terms by you;

(ii) from anything written or posted on our Site (including advertising) by you;

(iv) you violating the rights of any third persons (including intellectual property rights); and

(v) arising in any way out of the use of our Site and Service by you.

10.0 Intellectual Property

10.1

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (excluding the content of advertising material) (together the “Content”) and the trademarks, names and logos contained therein (“the Marks”) are owned and controlled by us or licensed to us and are protected by copyright and trademark laws and other intellectual property right laws in New Zealand.

10.2

The Content and the Marks are provided on the Site “as is” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express written permission.

10.3

Provided you are eligible to use the Site, you are granted a limited, non-exclusive, licence to access and use the Site for the purposes provided for in these Terms. The licence granted in this clause 10.3 does not transfer the ownership or grant any right or title in or to any of our Content or Marks to you or any third party and you agree not to attack, dispute or contest the validity, or the ownership, of our Content and Marks.

11.0 Privacy and Information

11.1

By using our Site, you agree to abide by and comply with our Privacy Policy (contained on our website).

11.2

You must provide true and correct information when using the Site.

11.3

We will handle your data in accordance with our Privacy Policy.

12.0 Subscribing to E Newsletters

12.1

Without creating any obligation to do so, we may from time to time provide an e newsletter. It is optional to subscribe to the e newsletter and subscribers can elect to un-subscribe at any time.

13.0 Miscellaneous

13.1

These Terms shall be governed by and construed in accordance with the laws of New Zealand.

13.2

You agree to submit to the exclusive jurisdiction of the courts of New Zealand.

13.3

These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

13.4

If any provision or part of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Last Updated: June 2021