Study With New Zealand Online: Learner Terms
These Terms and Conditions (Terms) apply to your access to, and use of, Education New Zealand Manapou ki te Ao’s (ENZ, we, us, or our) Study With New Zealand Online Site (online.studywithnewzealand.govt.nz) (Site).
By registering on the Site and making any payments required you are able to access a range of digital content and short courses through our Site (Short Courses). ENZ operates the Site but the Short Courses are provided to you directly by New Zealand educational institutions or providers (each a Provider).
Your rights and obligations in respect of access to the Site and Short Courses are governed by:
if you access a Short Course, the terms and conditions of the Provider of the Short Course and any other policies of the Provider (Provider Terms).
You must comply with these Terms at all times.
Before you access a Short Course you must accept the Provider Terms and you must then comply with those Provider Terms.
If you do not agree to these Terms or the Provider Terms, you must immediately stop using the Site and may not enrol, participate in or access any Short Course.
If there is any inconsistency between these Terms and the Provider Terms, your obligations to ENZ under these Terms will have priority.
ENZ is not the provider of Short Courses and does not grant you any academic credit, certificate or award for completing Short Courses. ENZ provides no accreditation to the Short Courses or Providers.
The Provider of each Short Course will determine its eligibility, course content, completion requirements and any fees and will provide technical and learning support to you directly when you email firstname.lastname@example.org
If you do not meet the criteria or other requirements of a Provider, you will not be permitted to access the Short Course through the Site.
All Short Courses and their content are the sole responsibility of the Provider and ENZ has no liability for the content, accuracy or quality of the content. If you rely on any material from the Short Courses, it will be at your own risk.
Accessing and using our Site
Before you can access Short Courses on the Site you must register with us through the Site and create an online account (Short Course Account).
You may only use the Site and create a Short Course Account if you:
are over the age of 18;
provide information that is current, accurate and complete;
are capable of agreeing to these terms;
do not already have a Short Course Account (one account per user).
You must ensure your information is up to date at all times.
Subject to your compliance with these Terms and the Provider Terms, we grant you a non-exclusive, non-sublicensable and non-transferable right to access and use the Site and its content to participate in Short Courses for your own personal and non-commercial use only and subject to these Terms and the Provider Terms.
Use of Study With New Zealand Online website
You agree that you, and any other person you authorise to use online.studywithnewzealand.govt.nz through your Short Course Account, will use the Site only for personal and non-commercial use to access the Short Courses only and you will not:
Use the Site if you are under 18 years of age;
Use the Site for any unlawful or fraudulent purpose;
Take any action which may disrupt access to, cause damage to, modify, or interfere with the proper operation of the Site and its associated software, hardware and data, 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 Site;
Access the Site through any technology other than the software provided by us or enabled via APIs or widely available third party web browsers;
Circumvent, disable or otherwise interfere with any security features of the Site;
Use, develop or support software or devices to scrape the content of the Site;
Use the Site for any commercial use or for the benefit of a third party, including for example soliciting business, or the sale of access to content;
Post, upload, email or transmit any unsolicited advertising or promotional materials, survey, study, junk mail, circulars, spamming or spimming, incentives or bulk communications of any kind, whether or not for commercial purposes;
Infringe the intellectual property rights of ENZ, Providers or any other person;
Violate privacy or other rights;
Engage in any conduct that causes damage to, adversely affects, brings into disrepute, scandalises or ridicules the good name, reputation or image of ENZ or Providers, or is likely to do so;
Use the Site other than as specifically permitted by these Terms.
You agree to be part of the Study With New Zealand Online learning community and you will behave with honesty, respect and kindness to fellow learners and educators. You will report behaviour that is not appropriate to us at email@example.com
Fees and Refunds
Some courses charge a fee, which is shown in [USD] (Fee). Depending on the short course selected, fees charged will vary, and will be subject to currency conversion rates for payments made in currencies other than New Zealand dollars.
You must pay the Fee by credit card at the time of enrolment. The current payment system is called Stripe. The charge will appear on your card as Study With New Zealand Online.
If you have made an error in signing up for one of the paid courses, you have 24 hours to get in touch to seek a refund. Please contact us at firstname.lastname@example.org
Refunds issued will have Stripe fees deducted from the full payment amount. Your course will be removed from your dashboard once a refund has been processed.
Any student who wishes to dispute the Fee due must do so within one week of payment.
Unauthorised access to your Short Course Account
As a Short Course Account holder you agree that:
You are solely responsible for anything that happens through your Short Course Account;
You will choose a strong and secure password;
You will always take all reasonable care to prevent any unauthorised use of, or access to, your Short Course Account, login details and password;
You will keep your login details (including your password) strictly confidential;
You will use your Short Course Account for your own personal use and will not provide access to your Short Course Account to others; and
If you believe, or discover that, there is any unauthorised use of your login details or password, you will notify us immediately.
If we discover that you are providing access to Short Courses to others (or otherwise enabling use), we reserve the right to suspend or block your Short Course Account for a period of time determined at our own discretion or cancel your Short Course Account completely.
Your comments and feedback and other submissions
Closing your Short Course Account
You may stop using the Site and Short Courses and/or terminate your Short Course Account at any time by sending us an email at email@example.com; and
ENZ is operating the Site as part of a pilot programme that is due to end on [30 June 2023] (Pilot Completion Date). ENZ may stop providing the Site and/or facilitating your access to Short Courses after that time, [but it will take reasonable steps to allow you to complete the Short Courses you are enrolled in].
We can suspend or terminate your access to the Site and Short Courses (or any part of them) at any time including if your conduct is in breach of these terms (in ENZ’s view). Where appropriate, we will give notice to you. However, there may be circumstances where we will suspend or terminate your access 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.
Operation of Site
We will provide the Site 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 Site, Short Courses, access to any of them 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.
Third party websites
The Site may contain links to internet websites or learning material maintained or owned by other people or organisations. 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.
Changes to Site
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 Site where this will not materially impact on your ability to use the Site.
All intellectual property rights in the Site including its content, technology and source code, including copyright, belong to us, the Providers and/or our or their licensors. You do not have and will not obtain any intellectual property rights in or to the Site or content, or in any improvements or variations that may be made to them as a result of Your Content or any other material you provide.
The Short Course content and materials including, for example, written material, course material, presentations, reports, slides, hand-outs, diagrams, notes, films, voice recordings, videos, photographs and other images (Course Content) are owned by, or used with the permission of, the Providers or the relevant Provider’s licensors. You agree and acknowledge that, unless we or the Provider give you written permission, you will only use the Course Content for the purposes of completing the course through the Site and will not copy, reproduce, adapt, distribute or incorporate the Course Content for any other purpose.
You agree that any content you create or submit through the Site including, for example, written material, course material, presentations, reports, slides, hand-outs, diagrams, notes, films, voice recordings, videos, photographs and other images (Your Content) is your own work and that, to the extent Your Content contains personal information of a third party, or is subject to any intellectual property rights, obligations of confidence or other rights of a third party, You have the necessary consents, authorisations and approvals from those third parties.
Unless otherwise agreed, ENZ and the Provider will only use Your Content for the purposes of the Short Course and will not copy, reproduce, adapt, distribute or incorporate Your Content for any other purpose. Unless we give you written permission you may not reproduce, adapt, copy, distribute or incorporate in any other work, in whole or in part, any trademark appearing on the Site, including any Education New Zealand logos or trademarks that appear on the Site (including the ‘Education New Zealand’ logo and the ‘New Zealand Educated’ logo).
Permission can be requested by contacting us at firstname.lastname@example.org.
Anti-terrorism and fraud
You warrant that you are not named as a designated terrorist or prohibited person on the NZ Police website at https://www.police.govt.nz/advice/personal-community/counterterrorism/designated-entities. You will immediately discontinue use of the Site if you are placed on such list. If you have any link whatsoever with any such organisation or individual you must inform ENZ promptly, and must take any remedial actions ENZ reasonably requires.
You will immediately discontinue use of the Site and notify ENZ if you are being investigated for fraud, or there has been a finding of fraud against you, or you are convicted of a serious criminal offence that may bring ENZ or Providers into disrepute, or the nature of the conviction is incompatible with the objective(s) of these Terms.
ENZ may immediately terminate your access to the Site if you are in breach of your obligations under this section.
We are entitled to charge you for, and you agree to pay, and you indemnify (and will keep indemnified) ENZ for 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 Site by you, or any person you have authorised to use your Short Course Account, in a manner that is inconsistent with these Terms or is otherwise not appropriate; and any actions you may take as a result of the Site;
Any other person who accesses or uses the Site by using your Short Course Account as a result of you failing to keep your Short Course Account login details secure;
Your Content infringing the rights of any third party;
Limitation and Exclusion of liability
Certain consumer protection and other laws may apply to the Site or Short Courses 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 all liability we may have to you or any other person under or in connection with:
Your use of the Site, the Short Courses, the Course Content, Your Content or any use of the any of them by any person that you have authorised to access and/or use any of these;
Any delay or loss of access to, or use of, the Site or Short Courses at any time;
Any fault or error in any Site or Short Courses 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 Site 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.
Assignment and transfer
We may assign or transfer our rights and obligations under the Terms to another entity. Your rights and obligations under the Terms are personal and may not be assigned, transferred or licensed to any other person.
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 the Site will mean that you accept and agree to the changes.
The Terms are between you and us. Each Provider has their own Provider Terms which are provided as a Housekeeping Step at the start of each course.
These Terms and the Site 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 Site. If any term is not enforceable for any reason, the remainder of the terms and conditions will remain enforceable.