Terms and conditions

Last updated 20th of June, 2018

These Terms and Conditions (Terms) apply to your access to, and use of, The Mind Lab Limited’s (weus, or our) websites (www.mindlabkids.com) or any other websites made available by us from time to time (the Site), and any digital content and features that we may provide via the Site or otherwise (together our Online Services). We are a New Zealand company based in New Zealand and governed by New Zealand law. The Site has been prepared under New Zealand law and is intended for use in New Zealand.

By registering for and/or using the Site you are stating that you agree to these Terms. If you do not agree to the Terms, please do not use the Site.

  1. Accessing and using our Online Services
    1. Account registration
      1. Before you can access and use certain Online Services, you must register with us through the Site and create an online account (Account) by accurately entering the required details on the registration page of the Site.
      2. The way that we use and share your personal information is explained in our Privacy Policy below. By using the Online Services you agree that we can collect, hold, use and share your personal information in accordance with our Privacy Policy.
    2. Child User Account

      If you are under the age of 18, you must verify your account by providing a contact email for your parent or legal guardian so that we can notify your parent or legal guardian that you are accessing the Online Services and get their consent to your use of the Online Services (Verified Account). If that consent is not provided, you may not be able to create an Account or have full access to the Online Services.
    3. Teacher User Account

      If you are a teacher, you must:
      1. provide your teacher’s registration number when you create your Account; and
      2. be currently employed by the New Zealand Ministry of Education and provide the name of the school that you currently work at when you create your Account. 
      3. hold a current teacher’s practicing certificate in New Zealand and confirm this when you create your Account;
  2. Licence
    1. We grant you a non-exclusive and non-transferable right to access and use the Online Services for your own personal and non-commercial use only, provided you do not modify any copyright, trademark and other proprietary notices, and subject always to these Terms.
  3. Use of Online Services
    1. You agree that you, and any other person you authorise to use the Online Services through your Account, will not:
      1. use the Online Services for any unlawful purpose;
      2. take any action which may disrupt access to, cause damage to, or interfere with the proper operation of the Online Services, including any action that may result in the introduction of any viruses, Trojan-horse type programs, malware or anything else malicious or technologically harmful;
      3. copy, reproduce, alter, modify, sell, resell or display in public, any content or data from the Online Services;
      4. infringe upon or violate our intellectual property rights or the intellectual property rights of others;
      5. upload any false, misleading or offensive content to the Site; or
      6. use the Online Services other than as specifically permitted by these Terms.
    2. If you are a teacher, in addition to clause 3.1, you agree that you will:
      1. not send links to or share any Online Services to any student where a student’s parent or legal guardian as notified you or your school that the parent or guardian does not want that student using the Online Services.       
      2. only post, publish or send us questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications in relation to any content created by you as a teacher or any student that is a current member of your class and that has a Verified Account; and
      3. only send links to or share any Online Services to students that are current members of your class;
      4. keep details of any students’ usernames and email addresses strictly confidential;
      5. use the features and tools on the Site for educational purposes only;
  4. Unauthorised access to your Account
    1. You are solely responsible for, and must always take all reasonable care to prevent, any unauthorised use of, or access to, your Account, login details and password. You must keep your login details (including your password) strictly confidential.
    2. If you believe, or discover that, there is any unauthorised use of your login details or password, you must notify us immediately.
  5. Your comments, feedback and other submissions
    1. If you post, publish  or send us any questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications, whether online, by email, by post or otherwise (collectively, User Generated Content), we may edit, copy, publish, distribute, translate and otherwise use your User Generated Content in any form for any purpose. This includes distributing the information to selected third parties for marketing purposes and for our business purposes, including in relation to any sale of our business or a material part of it. If we want to use your User Generated Content for any other purpose, we will request your consent. To the extent your User Generated Content is personal information, we will use it as explained in our Privacy Policy below. You expressly waive any moral rights you may have in your User Generated Content. If you have a Verified Account, we may permit you to share your User Generated Content and make your User Generated Content public for all visitors of the Site to view.
    2. We may, but have no obligation to, monitor, edit or remove User Generated Content that we consider to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable and/or violates any party’s intellectual property rights or these Terms. You accept that all User Generated Content created through the use of your Account, whether by you or any other person you have authorised to use your Account, will not violate the right of any other person, or be defamatory or otherwise unlawful. We take no responsibility and assume no liability for any User Generated Content provided by you or any other person.
  6. Closing your Account
    1. You may stop using the Online Services and/or terminate your Account at any time by sending us an email at privacy@themindlab.com.
    2. We can suspend or terminate your access to the Online Services (or any part of them) at any time. Where appropriate, we will give notice to you. However, there may be circumstances where we will suspend or terminate your access to the Online Services without prior notice to you. We will not be responsible for any loss you may suffer as a result of the suspension or termination of your access to the Online Services.
  7. Online Services
    1. Operation of Online Services

      We will provide the Online Services with reasonable care and skill, however we do not represent or warrant that the Online Services or any part of them will:
      1. operate on a continuous or fault-free basis or at any particular time or location;
      2. be free of viruses or other harmful features.
      3. be accurate, complete or current at all times; or
      4. be secure or private;
    2. Online Services availability

      We will reasonably endeavour to provide you with uninterrupted access to the Online Services, subject to any necessary downtime required for system maintenance, repairs and updating, or loss of access resulting from matters beyond our control.
    3. Accuracy of information

      We will use reasonable efforts to ensure the accuracy of the information on the Online Services. However, we do not warrant, and do not accept legal liability or responsibility for, the accuracy, correctness, reliability, currency, completeness or fitness for purpose of any of the information on the Online Services. If you rely on any material from the Online Services, it will be at your own risk.
    4. Third party websites

      The Online Services may contain links to internet websites maintained or owned by other people.  We do not endorse or approve of the content or material on those other websites and are not responsible for any content or material on those other websites. 
    5. Changes to Online Services

      We can, at any time, make changes to (including adding and removing) the functionality, type, format, digital content, means of accessing, or operating system specifications for the Online Services. We can make these changes without prior notice to you.
    6. Intellectual property

      All intellectual property rights in the Online Services, including copyright, belong to us and/or our licensors. You do not have any intellectual property rights in the Online Services, or in any improvements or variations that may be made to them as a result of your User Generated Content or any other material you provide. Nothing in these Terms or any of the Online Services will give you, implicitly or explicitly, any right to use any trade mark without our prior written permission. When you publish or upload User Generated Content on the Site, you will be taken to have granted us a non-exclusive, perpetual and worldwide licence to use such content on the Site. You also warrant that any such content has been created originally by you and does not infringe the rights (including the intellectual property rights) of any other person.
    7. Indemnity

      We are entitled to charge you for, and you agree to pay, all direct and indirect costs, losses, expenses, fees (including all legal costs) and damages, we incur resulting from:
      1. any access to or use of the Online Services by you, or any person you have authorised to use your Account, in a manner that is inconsistent with these Term or is otherwise not appropriate; and
      2. any other person who accesses or uses the Online Services by using your Account as a result of you failing to keep your Account login details secure.
    8. Limitation of liability

      You acknowledge that, except for those warranties or representations that cannot be excluded by law (including under the Consumer Guarantees Act 1993 (NZ) and Fair Trading Act 1986(NZ)), the Online Services are provided on an “as is” basis and all representations, conditions or warranties in respect of the Online Services (whether express or implied, statutory or otherwise, and including warranties of merchantability and fitness for a particular purpose) are expressly excluded.

      To the extent permitted by law, we exclude any and all liability we may have to you or any other person under or in connection with:
      1. your use of the Online Services, or any use of the Online Services by any person that you have authorised to access and/or use the Online Services;
      2. your failure to comply with these Terms;
      3. any delay or loss of access to, or use of, the Online Services at any time;
      4. any fault or error in any Online Service that is beyond our control;
      5. any virus, trojan-horse, malware or any other material which is malicious or technologically harmful that affects or is introduced into the Online Services other than as a result of our negligence;
      6. malfunction of any equipment or system, or a telecommunications link failure; or
      7. any other cause or event beyond our control.

        This exclusion applies regardless of whether such liability arises, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
  8. General
    1. Changes to these Terms

      We may at any time revise these Terms and will notify you of any changes by updating the “last updated” notice on this page. It is your responsibility to check these Terms periodically for changes and your continued use of our Online Services will mean that you accept and agree to the changes.
    2. Governing law

      These Terms and the Online Services are governed by New Zealand law and the Courts of New Zealand have exclusive jurisdiction in respect of any matter concerning the use of our Online Services. If any term is not enforceable for any reason, the remainder of the terms and conditions will remain enforceable.

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