WEBSITE TERMS AND CONDITIONS
PLEASE READ AND CONTINUE AS INSTRUCTED
This Website is owned and operated by BestChoice Learning Limited ("
Owner"). By accessing and using this Website, you agree to these Website Terms and Conditions ("
Terms") without qualification. If you do not agree to be bound by these Terms, please do not use this Website or continue to use this Website.
The Owner reserves the right to vary these Terms at any time without notice to you or any other person. Your use of this Website following inclusion of such variation in these Terms will be deemed to be your acceptance of such variation.
Passwords and usernames
You may access this Website using a username and password. You must protect your username and password from unauthorised use.
You must immediately notify the
Owner of any actual or possible
- disclosure of your password to any other person as soon as you are aware or suspect that your password has been disclosed; and
- unauthorised access to this Website as soon as you suspect or become aware of that unauthorised access.
You are solely responsible for any use of this Website or any Course by any person using your password. You indeminify the
Owner against any and all claims arising out of your faiilure to
- maintain the confidentiality of your password;
- failing to take all reasonable steps to prevent disclosure to any person when entering your password;
- unreasonably delaying notification to the Owner of this actual or possible disclosure of your password or unauthorised access to this Website;
- leaving a computer unattended when logged on to this Website
Your password may be cancelled at any time you are in breach of these Terms or if any amount payable for your password is not paid on the due date.
Restrictions
You may not
- copy, replicate, reproduce, distribute, transmit, publish, translate, adapt, modify, vary, decompile, disassemble or reverse engineer any part of a Course, this Website or the System;
- make any part of a Course available to any other person to whom the appropriate password has not been issued;
- make any other function or information available on this Website to any person to whom the appropriate password has not been issued;
- link to this Website in any way which misleads any person regarding any association with the Website or your association with the Owner whether implicitly or expressly
In particular, and without limitation, you may not
- archive all or any part of any Course other than as printed pages for your own use.
- form a database whether electronically or otherwise by downloading or storing all of any of part of any Course
- redistribute or republish all or any part of any Course
You must not use or permit the use of this Website, the System or any Course:
- which is contrary to any applicable law;
- that contravenes the intellectual property, privacy or any other rights of any third part; or
- for any purpose other than as specifically intended
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.
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 and the nature of the internet. Accordingly, access to this Website and the Courses can not be guaranteed to be error free, delay free or uninterrupted, and the Owner will not be liable for any such errors, delays or interruuptions.
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. In addition, the Owner makes no warranty whatsoever that this Website or any Course will be free from viruses or any kind of malicious code whatsoever.
The Owner may temporarily suspend your 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, the System or any Course from time to time without notice to you or any other person.
The Owner in its sole discretion may for security or technical reasons prohibit or restrict your access to this Website at any time and without prior notice to you or any other person.
No Implied Warranties
To the maximum extent permitted by law, all implied warranties (including as to merchantability and suitability for any purpose) are expressly excluded, and the Owner does not give any warranty whatsoever, including without limitation, as to the availability accuracy, completeness, currency or relability of the services or information provided via this Website or any Course.
The services and information provided via this Website or any Course are on an "as is" basis.
Liability
The owner expressly disclaims (to the maximum extent permitted by law) all liability for any loss or damage resulting from your use of, or reliance on this Website or the information provided via the Website or any Course.
In addition, the Owner is not liable for any loss or damage that occurs from any cause or event beyond the Owner's reasonable control.
The Owner's maximum aggregate liability for all loss or damage arising from this Website, the System or any Course (whether in contract, tor or otherwise) shall not exceed the amount received by the Owner for your licence (password).
Indemnity
You indemnify the Owner against
- all costs or losses arising from any breach of these Terms by you
- all 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
- all costs, losses, claims or liabilities of the Owner arising from any use of your password not expressly permitted in these Terms
Severability
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.
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 and your use of this Website or any Course.
Defined terms
In these Terms, unless the context otherwise requires:
"Courses(s)" means the course(s) accessed through this Website.
"System" means the Owner's system used to drive, support and administer the Website and the Courses.
"Website" means the Owner's Website (www.bestchoice.net.nz).
©Copyright Auckland UniServices Limited 2010. All rights reserved.