Terms and Conditions of OfCourse and the website www.ofcourse.co.nz
These terms and conditions were last updated on 27/08/2016
- TERMS AND CONDITIONS
Thank you for using ofcourse.co.nz, the ultimate resource for listing and finding training courses and educational opportunities across New Zealand and the rest of the “training world”. These Terms and Conditions apply to Members only. Only Listers are required to be Members. There is no membership required to search or respond to listings.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which OfCourse Limited offers you access to our Services and the ofcourse.co.nz website. By registering as a Member of OfCourse, you acknowledge that you accept these terms and conditions. If you do not accept these terms and conditions then please refrain from becoming a Member. By accepting these terms and conditions you are also accepting our Code of Conduct and Privacy Policy, both of which can be viewed on our website.
1.2 Amendment of terms and conditions: OfCourse operates in an environment that is constantly changing, and there will be times when we may need to amend these terms and conditions. Any changes to our terms and conditions will be communicated by way of Site Announcement. This will generally be in the form of an advertisement on the homepage of the website, and we will also email all current members. If we need to make urgent changes to our terms and conditions, we will generally give you advance notice of any intended changes. In some cases we may also seek your feedback on proposed changes directly via email. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on the Website. It is your responsibility for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
1.3 Definitions:
'Category' means the category that a particular course or service belongs under;
'Course', refers to a training course or educational opportunity that is being offered to potential customers/ trainees;
‘Featured Advertisement’ means a featured advertisement that has been placed on the homepage or in the sidebars of the OfCourse website. A Featured Advertisement is different from a Listing.
‘Featured Advertiser’ means a customer of OfCourse who has arranged to place a Featured Advertisement on the OfCourse website
'Lister' includes any person or organisation that lists a Course or Tender on the website. A Lister can be an individual or an entity eg. a private company or government department etc. A Lister must be a registered Member.
'Listing' means a listing on the Website through which you offer, or advertise any training course, educational opportunity or service. A Listing can also be a Tender for services;
'Member' means a registered member of ofCourse;
'Respondent' means a person/ entity that is responding to a Listing;
'Service' means any service that relates to the delivery of a training or education related service or opportunity;
'Tender' means a Tender request for service from a Lister who is asking for registrations of interest from anyone who may be able to provide that service;
'we', 'us' and 'our' are a reference to ofCourse Limited;
Website means the www.ofcourse.co.nz website
'you' and 'your' are a reference to you.
- SPECIFIC WARNINGS
2.1 OfCourse provides an online facility to connect trainers and educators with potential students and clients. Registered Members (Listers) can List their training products and services to the public via the www.ofcourse.co.nz website. Registered Members (Listers) can also "request training" from parties who may be interested in providing a required training or education related service. This is achieved by listing a Tender. Respondents to Listings can connect with the Lister by sending an online enquiry through the completion of a form. The form will contain contact information of the Respondent including name, phone number, email address and an optional message. Once submitted, this enquiry form is automatically emailed to the Lister who can then connect with the Respondent. Once a connection is made between a Lister and Respondent, all other future dealings such as interviews, appointments, bookings, payment of fees etc are between those parties. OfCourse purely provides a platform where training and education providers can list their services to be located and viewed in the online marketplace via the Website. We do not take any part in the booking of courses or management of any payments for any fees associated with the services of any Lister.
2.2 At your own risk: OfCourse strongly recommends that Respondents complete due diligence before undertaking any financial transaction with a Lister. Transactions and all other contact between Respondents and Listers are conducted entirely at your own risk. You agree that OfCourse takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. OfCourse gives no undertakings, representations, or warranties in relation to Listings on the Website including:
- the content, safety, description, worthiness, quality, or legality of the Listing;
- the accuracy or truth of Listings;
- that any Listing will meet your requirements or expectations; or
- the ability of the Lister to undertake the services described in their Listing.
2.3 Disclaimer: You expressly understand and agree that:
- your use of the OfCourse Website is at your sole risk. The Website is provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, OfCourse disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
- OfCourse does not warrant that i) the Website will be uninterrupted, timely, secure, or error free, or ii) that any information provided on the Website is error-free or reliable;
- no advice or information that is obtained by you from OfCourse or anyone else shall create any warranty by OfCourse that is not expressly stated in the terms and conditions;
- responsibility for the content of Featured Advertisements and Listings appearing on this Website (including hyperlinks to Featured Advertisers' own websites) rests solely with the Featured Advertisers and Listers. The placement of such Featured Advertisements and Listings on the Website does not constitute OfCourse’s recommendation or endorsement of the advertised products or services. Each Featured Advertiser and Lister is solely responsible for any representation made in connection with its Featured Advertisement or Listing which includes any images that are used in any Featured Advertisement or Listing.
- OfCourse is in no way involved in any financial transactions between a Lister and Respondent, and takes no responsibility for issues or disputes that may arise from financial transactions between a Lister and Respondent.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of OfCourse to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. OfCourse's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions.
2.6 Breach: Without limiting any other rights and remedies available to OfCourse, OfCourse may limit your activities on the Website, remove your Listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership if you breach these terms and conditions, in particular, your obligations under Clause 4, or where OfCourse considers it appropriate.
2.7 Additional rules: In addition to the terms and conditions set out in this document, the Listing Policies also form part of these terms and conditions.
- MEMBERSHIP
3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in New Zealand (unless specifically authorised by us in writing) and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by OfCourse to ensure it is kept current at all times. OfCourse may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at OfCourse's discretion, you may create a business membership in addition to your personal membership.
3.3 Termination of membership: OfCourse reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, OfCourse may terminate your membership if a serious complaint or multiple complaints are received about you from other members or Respondents, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. When limiting your activities on the Website OfCourse may consider offsite conduct such as prior criminal convictions, insolvency, or any other conduct that puts our services, members, customers, advertisers or systems at risk. In the event of termination, you also agree that you will not open or attempt to open any new OfCourse memberships unless approved in writing by OfCourse. You may at any time close your OfCourse membership by giving us five days' notice in writing. If you close your membership, or if it is terminated by OfCourse, your ability to List and respond to listings on the OfCourse website will end.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
- not to permit any other person to use your user name or membership; and
- not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
3.5 Emails and newsletters: OfCourse may send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other OfCourse products and services to you. OfCourse may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
- GENERAL RULES
4.1 General
- All listings, responses and communications made through OfCourse shall be made in good faith and not contain any offensive or coarse language.
- You must not damage, interfere with or harm the Website or any network, or system underlying or connected to them, or attempt to do so.
- You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
- You must list course fees in New Zealand dollars and include GST in the price.
- Listing of training and education opportunities on the OfCourse website is Free until further notice, however OfCourse reserves the right to introduce Listing Fees at any time by way of an amendment to our terms and conditions as per 1.2.
- You must not use the Website to promote services that do not relate to the delivery of a training or education related service or opportunity.
- You are responsible for any actions taken through your membership. OfCourse memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorisation from OfCourse.
4.2 Your obligations as a Lister
- Listers must be located in New Zealand. Listers outside of New Zealand are not permitted to list on OfCourse, unless specifically authorised in writing by OfCourse.
- All listings must be educational or training opportunities and these opportunities must be available in New Zealand.
- You will only enter listings that are accurate, current, complete, and include all relevant information about the training or educational service/ opportunity that is being offered. This includes: Your name or the name of your business, course start and finish dates (if applicable), service description, location, price (if applicable) and delivery style. You must list a service in one category and one sub category only which must be the most appropriate category and sub category for your item. If your item is likely to attract customs duty for buyers in New Zealand, you must ensure that this is clearly indicated in your listing.
- You will only place listings for courses, educational and training opportunities that you are legally entitled to list.
- We do not permit “site bombing” ie. Multiple listings of the same course (same course title, description, date and location) by the same Lister. You may only place one listing per course. Multiple listings of the same course by the same Lister could result in all of those listings being deleted from the website and/or cancellation of your membership.
- All listings must comply with New Zealand law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, or any item of which the provision or sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(f). You agree that OfCourse may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(f) at any time.
- When using any images on your listings or Featured Advertisements you must ensure you hold the copyright or are otherwise permitted or licensed to use those images. You agree that you will be liable for any breach of copyright or license associated with any unapproved use of images.
- When listing a training course, the description of your listing may only contain information about the particular course that has been listed. You are not permitted to list details of other courses that you may offer, this must be done as a separate listing. A URL for your own website may be included in your listing. You must not use OfCourse listings to promote any other business or service that is not directly linked to your listing.
- Listings are not pre-screened for content. OfCourse reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
- There is no limit to the number of listings that can be placed by a single Lister provided that you comply with clause 4.2e.
5. GENERAL PROVISIONS
5.1 System Integrity: OfCourse will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, OfCourse takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, OfCourse assumes no responsibility for the corruption of any data or information held by OfCourse.
5.2 Resolution of disputes: As OfCourse is not a party to any sale or transaction between a Lister and any respondent, you agree not to involve, or attempt to involve, OfCourse in any dispute or in the resolution of disputes that arise between you and any other user of the Website.
5.3 Force Majeure: Without prejudice to clause 2.3(a), OfCourse has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of OfCourse to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of OfCourse.
5.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
5.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
5.6 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
5.7 Intellectual Property Rights: OfCourse owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
1. You may not without our prior written permission, in any form or by any means:
a. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
b. Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
2. The OfCourse logo is a registered Trademark.
5.8 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
5.9 Privacy: OfCourse collects, uses and discloses personal information about you, as outlined in detail within our privacy policy.
