Terms and Conditions
Latest version (v2), last updated 5 December 2018.
These terms and conditions outline that way in which we supply elearning courses to you and how they may be used.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. All rights not expressly granted in these terms are hereby reserved.
You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time.
1. Information about us and how to contact us
We are Smartwork Creative Limited trading as Skillpod, a company registered in New Zealand with registration number 5680847, NZBN number 9429041708293, and registered office at Garden City Business & Tax Limited, 538 Wairakei Road, Burnside, Christchurch, 8053.
You can contact us on +64 (09) 373 4782 or by writing to us at:
Level 6, Tasman Building
16-22 Anzac Avenue
Auckland Central, Auckland 1010
2. Grant of licence
In consideration of your payment, we hereby grant you a licence to use the purchased eLearning courses (“the Products”). This licence is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms.
This licence is personal to your organisation and cannot be shared or exchanged with others. You shall not copy, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials.
3. Access to materials
The starting date of your access to the Products is deemed to be the date that you first have access. We will attempt to contact you where your access period has ended. Where this is the case, we cannot guarantee that certification or completion (as appropriate) will be possible. As such, it is your responsibility to ensure that you complete the content within the allocated time period. If you do not think this will be possible, then extensions of time are available for purchase at an additional cost.
We will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.
Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate.
Where your access to the Products is restricted for any of the above reasons, we may provide you with a free extension of time at our sole discretion.
4. Pricing and payment
You agree to provide payment for the Products in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that we must receive your payment in full before providing you with access to the Products.
Your payment includes the licensing of the Products for a limited period of time that is appropriate for the eLearning content. We are unable to provide a refund if you fail to complete the content within the allocated time, except at our absolute and sole discretion.
We reserve our right to review and change the pricing of any of our products. This will not affect products that have already been purchased.
5. Course customisation
Costs for customisation are given on the basis of reasonable assumptions of time required. Any difference between the assumed costs and the actual costs incurred by Smartwork Creative in the development of this customisation will be notified with a written quotation and shall be valid for thirty (30) days from the date of the quotation.
6. Cancellation and return policy
Courses purchased cannot be cancelled and may not be transferred to other individuals.
It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements.
We may restrict your access to the Products if you breach these terms, including without limitation:
a) A failure to make any payment due to us; or
b) Failure to provide accurate information that is necessary for us to provide the Products to you.
In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the Products will be restricted.
7. Intellectual property
All rights, title and interest in intellectual property rights relating to the Products including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by Smartwork Creative or it’s stated Partnered organisation. While you may utilise the intellectual property, you understand that there shall be no transfer of ownership of the same.
Nothing that you see or read in the Products may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use.
All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.
8. Limitations of liability
We develop, distribute and maintain the Products alongside our partner organisations. We will manage your access to the Products and provide support to you, where necessary.
To the maximum extent permitted by applicable law, we provide these services on an “as is” and “as available” basis. Skillpod, Smartwork Creative and its partners, and their respective officers, directors, employees, contractors, agents, vendors, suppliers, licensors, successors and assigns, do not make, and hereby expressly disclaim, any express, implied, statutory, or other warranties of any type or kind in connection with the site, the software or the services.
You expressly acknowledge that (a) you assume all responsibility for any and all risk of any and all damage or loss from the access or use of, or inability to access or use, the site, the software or the services; (b) any content, software, data, information, or other materials downloaded or otherwise obtained or accessed through the site, the software or the services, or your use thereof, is done at your absolute and sole discretion and risk; (c) you will be solely responsible for any damage to your data, computer system, network, or other device, information technology system, including but not limited to loss of data, that results from the download of any such content, software, data, information, or other materials and (d) the site, the software or the services, or your use thereof, may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications and that we shall not be liable for any such limitations, delays or other problems.
Your personal information is important to us. Smartwork Creative Ltd trading as Skillpod recognises that your privacy is very important to you and as such your information will not be given or sold to any outside organisation for marketing purposes without your consent.
We collect personal information from you, including information about your:
- contact information
- billing or purchase information
We collect your personal information in order to:
- complete billing information
- customise your modules
- Provide hosting services if required
- Report to our partner organisations
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at firstname.lastname@example.org.
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
In the event of any breach of this contract by Skillpod the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client.
Skillpod reserves the right to review these terms and conditions at any time.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
The failure by Skillpod to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Skillpod right to subsequently enforce that provision.