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Terms and Conditions of OfCourse and the website www.ofcourse.co.nz
These terms and conditions were last updated on 27/08/2016
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.
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:
2.3 Disclaimer: You expressly understand and agree that:
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.
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.
4.2 Your obligations as a Lister
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.
OfCourse is committed to privacy and this policy has been developed to explain how we handle information about you that we gather, store and use. Please review our Terms and Conditions if you require any further information about how we work.
In this policy, “Personal Information” means the same as it does in the Privacy Act 1993 (which is: information about an identifiable individual). Other terms that have capital letters in this Privacy Policy but aren't defined here carry the same meaning as in the Terms and Conditions.
1. Use of your information
2. Listing content
3. Email
4. Membership registration
5. Managing your Personal Information
6. Cookies and local storage
7. Advertising and third party links
8. Other information we collect
9. Membership removal
10. Internet statistics and analytics
11. Updates to our information practices
Code of Conduct
This code of conduct sets out the principles and behaviours that OfCourse and its users reasonably expects of Listers and those who respond to course and tender listings (Respondents).
We expect all Listers and Respondents to:
Listers agree to:
Respondents agree to: