Terms and conditions

Last updated 16th of April 2020

Terms and Conditions

These Terms and Conditions (Terms) apply to your access to, and use of, The Mind Lab Limited’s (MLK) website located at mindlabkids.com, or any other websites made available by us from time to time (together the Site), and any digital content that we may provide via the Site or otherwise (together the Online Services). When we mention "we", "us" or "our" in these Terms, we are also referring to the group of companies related to MLK (and where appropriate the relevant member(s) of the group), and any contractors or agents acting on our behalf, responsible for providing the Online Services to you. MLK is a New Zealand company based in New Zealand and governed by New Zealand law.

By registering for and/or accessing and using the Online Services you are stating that you agree to these Terms. If you do not agree to these Terms, please do not register for and/or access and use the Online Services.

Accessing and using our Online Services

Account registration

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 (Registered User). In registering an Account you acknowledge that you are over 18 years of age and are capable of entering into the contract to become a Registered User. 

Access to the Online Services is at our complete discretion, and we reserve the right to reject any application for registration of an Account and/or a Child User.  

You confirm that the details you provide to us through the online registration process are, at the time you provided such details, current, complete and accurate. If your details (or those of any user that you may be required to identify as part of your registration) change whilst you are a Registered User, you agree to ensure that those details are updated in a timely manner. You also confirm that the details or any other information provided through the registration process, or subsequent to registration, are not misleading or deceptive, or likely to mislead or deceive.

The way that we collect, use and share your personal information is explained in our Privacy Policy. By registering for an Account and/or using the Online Services you agree that we can collect, hold, use and share your personal information in accordance with our Privacy Policy. 

The Mind Lab will obtain all relevant consents and permissions from subscribers (including without limitation under the Privacy Act 1993 and the Unsolicited Electronic Messages Act 1997) for their information to be shared with Genesis and for Genesis to communicate with them;

Child User 

We understand that children under the age of 18 may want to access and use the Online Services, including Online Services that require registration to access, for personal use and/or as part of their school education.

If a child under the age of 18 wants to access and use the registration only Online Services for personal use, a Registered User, who is that child’s parent or legal guardian, must create a user profile for that child under their Account so that we can ensure that parent or legal guardian gives their consent to the child accessing and using the Online Services (Child Personal User). A maximum of 4 Child Personal Users can be created under an Account.

You, as a Registered User, confirm that the details you provide to us when creating a Child Personal User profile are, at the time you provided such details, current, complete and accurate. If the child’s details change whilst registered as a Child Personal User, you agree to ensure that the child’s details are updated in a timely manner.

If you create a Child Personal User profile under your Account, you confirm that:

  • you are that child’s parent or legal guardian and have authority to consent to that child accessing and using the Online Services;
  • you will ensure that the Child Personal User understands and will comply with these Terms; and
  • you will be responsible for all acts and omissions of such Child Personal User.

If you do not consent to a child accessing and using registration only Online Services, you should ensure the child does not have full access to the Online Services.

Any Registered User that is a Teacher User (as defined below) that wants their students under the age of 18 to access and use registration only Online Services as part of their education can create a Classroom Account under their Account. This Classroom Account can be used by the Teacher User to select and maintain digital content provided as part of the Online Services. 

A Teacher User can grant a child under the age of 18 access to the digital content in the Classroom Account by sharing with that child the unique URL associated with the Classroom Account.  A child that has been given the unique URL can access the associated Classroom Account by creating a student user profile under the Classroom Account (Student User) or through their Child Personal User profile. 

A Student User must as part of the registration process provide details of their parent or legal guardian. That Student User’s parent or legal guardian will receive an email requesting their consent to the Student User accessing and using the Online Services available through the Classroom Account. If consent is not given within seven days of the request, the Student User will not be validated and access to the Classroom Account frozen until such time as the parent or legal guardian provides consent.

If you create a Classroom Account and grant access to that Classroom Account to a Student User, you confirm that:

  • you are that child’s teacher and have authority to grant access to the Online Services contained in that Classroom Account to that Student User;
  • you will ensure that the Student User understands and will comply with these Terms; and
  • you will be responsible for all acts and omissions of such Student User.

If a child under the age of 18 is an existing Student User, a Registered User, who is that child’s parent or legal guardian, can convert that Student User to a Child Personal User by claiming that Student User under their Account. By doing so, that Student User will then be considered a Child Personal User and the child’s user profile treated as if created under your Account.

For the purpose of these Terms, where the term ‘Child User’ is used, this means either a Child Personal User or a Student User, as applicable.

Teacher User Account

If you are a New Zealand registered teacher, when you create an Account (Teacher User) you may (but are not required to):

  • provide your teacher’s registration number; and
  • provide the name of the school where you currently work. 

If you are a teacher from any country outside of New Zealand, you must specify the country in which you teach so that we can understand where our Teacher Users are based for statistical purposes and provide appropriate support if required.

Subscription

To access and use certain Online Services, you must select a subscription plan and complete payment details according to your chosen currency.

If you buy access to any of our paid Online Services for use by you or any Child User (Subscription), you agree to pay us the applicable fees and taxes and to the additional terms specific to the subscriptions. Failure to pay these fees and any taxes will result in the termination of your Subscription. 

Also, you agree that:

●      The price of your Subscription (exclusive of tax) will be as quoted on the Site in a currency based on your selected country. We take all reasonable care to ensure that the prices of subscription plans are correct at the time when the relevant information was entered onto the system.

●      Your purchase of a Subscription may be subject to foreign exchange fees or differences in prices based on location (e.g. currency/exchange rates).

●      If you purchase a Subscription, your payment method will be automatically charged at the start of each Subscription Term for the fees and taxes applicable to that Subscription Term, as a recurring payment. To avoid future charges, cancel before the renewal date of your Subscription.

●      Stripe’s payment system may store and continue billing your recurring payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Subscription.

●      Our prices will set out the duration of each available subscription (Subscription Term).  Each time you pay the fees for the applicable Subscription you will start a new Subscription Term.  We are entitled to assume that you wish to renew for a further Subscription Term if you have not cancelled during the current Subscription Term.

●      You can cancel your Subscription at any time but (except to the extent provided in these Terms or by any applicable consumer protection legislation) that cancellation will not entitle you to a refund of any subscription fee already paid.

●      You can see what Subscription plan you have selected and when the Subscription Term expires on the Billing page on the Site.

●      We will calculate any taxes payable by you based on the billing information that you provide us at the time of purchase, including any changes to the price of the Subscription required as a result of any withholding tax payable by you.

Payment Method

We do not hold any credit card details on the Site. All payments for Subscriptions are processed by Stripe. You can view Stripe’s full Privacy Policy here: https://stripe.com/nz/privacy, and Stripe’s Terms here: https://stripe.com/payment-terms/legal.

Discount codes

We may provide you with a discount code that will entitle you to receive a discount on the price of a subscription. Discount codes may be unique to a single user or limited by the number of unique uses. Discount codes must not be shared or distributed beyond those authorised to receive them. Should you share the discount code it may impact on your ability (or the ability of others) to use that code. If we discover use of a discount code in a manner that is inconsistent with these Terms, we reserve the right to cancel the discount, suspend or block your Account and Subscription until the applicable price has been paid, or cancel your Account and Subscription completely.

Use of the Online Services

You agree that you, and you will procure that any other person you authorise to use the Online Services through your Account including any Child User, will not:

●      use the Online Services for any unlawful purpose;

●      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;

●      copy, reproduce, alter, modify, sell, resell or display in public, any content or data from the Online Services;

●      infringe upon or violate our intellectual property rights or the intellectual property rights of others;

●      access an account, without authority, that is not your own or one you are permitted to access, or impersonate any other user; or

●      use the Online Services other than as specifically permitted by these Terms.

Unauthorised access to your Account

As a Registered User you agree that:

●      You are solely responsible for anything that happens through your Account, including by any Child User under your Account, unless you close it;

●      You will choose, and ensure each Child User chooses, a strong and secure password;

●      You will always take all reasonable care to prevent any unauthorised use of, or access to, your Account, login details and password;

●      You will ensure that each Child User under your account takes all reasonable care to prevent any unauthorised use of, or access to, their user profile, and keeps their login details (including your password) strictly confidential;

●      You will keep your login details (including your password) strictly confidential;

●      Where you have purchased a Subscription, you will use your Subscription for your own personal use and will not provide access to your Subscription to others, except for any Child Users under your Account; and

●      If you believe, or discover that, there is any unauthorised use of your login details or password, or any Child Users’ login details or password, you will notify us immediately.

●      If you believe, or discover that, there is any unauthorised use of the unique URL associated with your Classroom Account, you will notify us immediately.

If we discover that you are providing access to your Subscription to others (or otherwise enabling users to avoid payment of fees for use) other than as permitted under these Terms, we reserve the right to suspend or block your Account and/or Subscription for a period of time determined at our own discretion or cancel your Account and/or Subscription completely.

Your comments and feedback and other submissions

If you (or any person accessing the Online Services through your Account, including any Child User) 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, distribute, and use your User Generated Content for marketing or any related business purposes or for any other purpose we make known to you as part of providing the Online Services. 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. You expressly waive any moral rights you may have in your User Generated Content. 

We may permit a Child User to share their User Generated Content and make their User Generated Content public for all visitors of the Site to view.

We may, but have no obligation to, monitor, approve and/or moderate all User Generated Content prior to such content being published on the Site. We reserve the right to delete, edit or remove any User Generated Content uploaded and/or published that, in our sole discretion, we consider to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable and/or violates any party’s intellectual property rights, law or these Terms. You warrant 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 including any Child User, 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.

We welcome your feedback and suggestions on how to improve the Online Services. If you provide us with feedback or suggestions we may contact you to discuss these with you. By providing us with this feedback and suggestions you agree that we may share this with others and act on that feedback or suggestion (including creating new content as a result of your comments), and we do not need to account to you regarding this use.  To the extent that the feedback or submission you provide is personal information, we will use it as explained in our Privacy Policy. You expressly waive any moral rights you may have in this content.

You will procure that any person accessing the Online Services through your Account (including any Child User) agrees to the rights set out above in relation to their comments, feedback and any other submissions.

Closing your Account

You may stop using the Online Services and/or terminate your Account at any time. To terminate your Account, please send us an email at privacy@themindlab.com. To cancel your Subscription, please do so through your Account.

We can suspend or terminate your access to the Online Services or your Subscription (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 or your Subscription 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 or your Subscription, and you will not be entitled to any refund of the Subscription fee except as set out below. 

Where suspension of your Subscription has not occurred as a result of your conduct, we will extend the relevant Subscription Term by the period of the suspension. Where termination of your Subscription has not occurred as a result of your conduct, we will refund that proportion of the Subscription fee that you have paid in advance for the duration of your Subscription Term that remains unexpired at the time of termination. 

Online Services

Operation of Online Services

We will provide the Online Services with reasonable care and skill, however because of the nature of the services and how they are delivered and accessed we cannot promise that the Online Services or any part of them will:

●      operate on a continuous or fault-free basis;

●      be completely secure or private; or

●      be free of viruses or other harmful features.

Online Services availability

We will reasonably endeavour to provide you with uninterrupted access to the Online Services.

Accuracy of information

We will use reasonable efforts to ensure the accuracy of the information on the Online Services. However, to the extent permitted by law, 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 that do not require a Subscription to access (“Free Services”). If you rely on any material from the Free Services, it will be at your own risk. You agree and will procure that any Child User under your Account agrees that their use of any material from the Free Services is at their own risk.

The Online Services may include User Generated Content. Any views expressed in any User Generated Content does not necessarily represent our views or values.  If you believe that any User Generated Content is defamatory, harmful, offensive or inappropriate, or if you would otherwise like to complain about it, you can contact us at mindlabkids@themindlab.com.

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. We will not be liable for any loss or damage (including direct, indirect, incidental, special or consequential loss or damage) suffered by you from accessing, using, relying on or trading with third parties.

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 where this will not materially impact on your ability to use the Online Services. Where we consider there is a material impact we will advise you of this in advance and will take your continued use after the notice period as agreement to the changes. If you do not agree to the changes, you must immediately discontinue your use of the Online Services. Where you have a Subscription, such discontinuance (except to the extent provided by any applicable consumer protection legislation) will not entitle you to a refund of any subscription fee already paid.

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 trademark 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. Where any Child User under your Account publishes or uploads User Generated Content on the Site, you agree and will procure that such Child User grants the same licence and warranty.

Licence

We grant you a non-exclusive, limited, temporary, revocable 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.

Any material available on the Site cannot be copied, distributed, changed or re-used for any purpose without seeking permission from us. Permission can be requested by contacting us at privacy@themindlab.com (including educational use).

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:

  • any access to or use of the Online Services by you, or any person you have authorised to use your Account including a Child User, in a manner that is inconsistent with these Terms or is otherwise not appropriate;
  • any other act, omission or negligence by a Child User under your Account; 
  • any other person who accesses or uses the Online Services by using your Account as a result of you, or any Child User, failing to keep login details secure; and
  • any other person who accesses or uses the Online Services using your Classroom Account as a result of you, or any Student User, failing to keep login details and/or the unique URL secure.

Limitation of liability

Certain consumer protection laws may apply to the Online Services provided by us. These include guarantees that the service will be fit for purpose, completed within a reasonable time and for a reasonable price, and provided with reasonable care and skill. Except for these warranties or guarantees and any others that may be imposed by law that cannot be excluded, we make no further warranties or guarantees. Where we are able to exclude any warranties and guarantees then these 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:

●      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 including a Child User;

●      your, or any Child Users’, failure to comply with these Terms;

●      any delay or loss of access to, or use of, the Online Services at any time;

●      any fault or error in any Online Service that is beyond our control;

●      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;

●      malfunction of any equipment or system, or a telecommunications link failure; or

●      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.

You will procure that any person accessing the Online Services through your Account (including any Child User) will not bring any claim against us in relation to their use of the Online Services.

General

Assignment and transfer

We may assign or transfer our rights and obligations under the Terms to another entity. You may only assign or transfer your rights or your obligations under the Terms to another person if we agree in writing.

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. 

Waiver

If we do not insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

Parties

The Terms are between you and us. No other person has any rights to enforce any of its provisions. With respect to a Child User, the Registered User under whose Account the Child User has access to the Online Services has the right to enforce these Terms on behalf of the Child User.

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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