Welcome to Pathways Awarua. We want to make sure that you (and your parents if you are an underage minor) read and understand the rules which govern your use of the Service. This User Agreement (this "Agreement") explains those rules and what you can and cannot do on the Service as well as certain other legal and business aspects of using the Service. Please read this Agreement carefully before using or registering as a member of, or allowing your child to use, the Service. If you are an underage minor, you will declare and recognize that you have obtained the authorization of your parents and/or your parental guardian(s) Re: enrolment and use of the Services.
By using the Service, you (and your parents if you are an underage minor) agree to the terms of this Agreement. If you do not agree to the terms of this Agreement please do not use the Service or register as a member of the Service or provide any information to the Service. This Agreement and the rules that you must follow on the Service may change from time to time. If you continue to use the Service after changes to this Agreement have been posted on the Service, you are agreeing to those changes.
1. Ownership of Service
The Service is owned and operated by Education Technology Limited, a company based in New Zealand at 205 Princes Street, Dunedin 9016, which is referred to in this Agreement as "Education Technology", "we," "us" or similar references.
2. Application of General Terms and Conditions
Use by end users of the Pathways Awarua is governed by these General Terms and Conditions. Unless explicitly stated otherwise, any new Services, including any new Pathways Awarua properties, shall be subject to these General Terms and Conditions.
3. Registration
If you do decide to register, you will select a user name and password for your account ("Account"). You are responsible for maintaining the confidentiality of your user name and password, and you will be responsible for all uses of your user name and password, whether or not authorized by you. You must notify us at info@pathwaysawarua.com of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your user name and password.
If you have registered on the Service, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Education Technology has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Education Technology has the right to suspend or terminate your account and refuse any and all current or future use of the Services.
Although Education Technology will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Education Technology or others due to such unauthorized use. Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law-enforcement agencies by us.
All Education Technology registrations become the exclusive property of Education Technology, its affiliates, successors in interest, and subsidiaries. Education Technology reserves the right to use and reuse all registration and other personally identifiable user information subject to the Education Technology Privacy Policy. By using the Service, you acknowledge receipt of the Education Technology Privacy Policy.
4. General Use of the Website Conditions and Restrictions of Use
Termination. You acknowledge and agree that Education Technology may terminate and/or suspend your access to any portion of the Service should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Education Technology Education Technology further reserves the right to terminate or suspend any user's access to the Service for any reason or for no reason at all, in Education Technology's sole discretion, without prior notice.
Access to Content. Please be aware that the content found on or through the Service may contain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age are not permitted to access such content under the laws of any applicable jurisdiction may not access such content.
Responsibility for Minors. In cases where you have authorized a minor to use the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some areas of the Service may contain material that is inappropriate for minors.
Discussions and other Public Communications. We may provide Common Areas on the Service from time to time. "Common Area" means a discussion, chat room, message board, personalized user page, or other similar function which may be offered as part of the Service. Each user is solely responsible for the content of that user's messages and messages posted under the user's account. If you participate in any Common Area within the Service, you must not: defame, abuse, harass or threaten others; make any bigoted, hateful or racially offensive statements; advocate illegal activity or discuss illegal activities with the intent to commit them; post or distribute any material that infringes and/or violates any right of a third party or any law; post or distribute any vulgar, obscene, discourteous or indecent language or images; advertise or sell to, or solicit others. We reserve the right to remove or edit content from any Common Area at any time and for any reason. By uploading materials to any Common Area or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
5. Prohibited Conduct
You agree not to use the Services, in particular as regards:
Sending or transmitting any message or information whose content is illegal, detrimental, threatening, insulting, tantamount to harassment, defamatory, vulgar, obscene or threatening to the private life of others, hateful, racist or otherwise reprehensible;
Having any possible unwanted effect on underage people;
Counterfeiting letterheads or manipulating identifying material in any way as to conceal the origin of the content transmitted via the service;
Transmitting any message of an advertising nature that is not solicited or authorized
Uploading, posting, emailing, otherwise transmitting, or posting links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services;
Obstructing or interfering with services, servers, networks connected to Pathways Awarua.
Intentionally or otherwise violating any national or international laws or regulations in effect and any limitations included in these Conditions of Use;
Harassing in any way whatsoever, any one or several other users;
Decompiling disassembling, modifying, translating, adapting, reversing engineer, creating derivative works from, or sub-licensing any software deployed in connection with the Services.
6. Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights you may submit a notification to us with the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located or found on the Website or Service;
Your address, telephone number and, if available, an email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Claims of copyright or other intellectual property infringement should be sent to:
Education Technology Ltd
P O Box 33
Dunedin
New Zealand
Email: info@pathwaysawarua.com
For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney.
7. License To Content
Except as otherwise provided by the Education Technology Privacy Policy, with respect to any Content posted by you on, you grant Education Technology a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Services and to publish and promote such Content elsewhere within Education Technology and the Services. Such license shall apply with respect to any form, media, or technology now known or later developed.
8. Disclaimer of Warranties
Pathways Awarua and the services are provided "as is," with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Education Technology disclaims any warranties for the security, reliability, timeliness, and performance of the services. To the fullest extent permitted by law, Education Technology disclaims any warranties for other services or goods received through or advertised on the services or received through any links provided in the services, as well as for any information or advice received through the services or through any links provided in the services. Education Technology similarly disclaims, to the fullest extent permitted by law, any warranties for any information or advice obtained through the services.
You expressly understand and agree that Education Technology disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the services. Education Technology disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Education Technology disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the services, including, without limitation, for harm caused by viruses or similar contamination or destructive features. Education Technology makes no warranty regarding the reliability or accessibility of member web pages or any storage facilities offered by Education Technology.
You understand and agree that any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material.
9. Limitation of Liability
You expressly understand and agree that under no circumstances shall Education Technology or its licensors be liable to any user on account of that user's use or misuse of and reliance on the services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if Education Technology or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the services, from inability to use the services, or from the interruption, suspension, or termination of the services (including such damages incurred by third parties).
Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the services or received through any links provided in the services, as well as by reason of any information or advice received through or advertised on the services or received through any links provided in the services. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the services or any information or merchandise that appears on, or is linked or related in any way to, the Education Technology network. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law. Under no circumstances shall Education Technology or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
10. Indemnity
You agree to indemnify and hold Education Technology and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your violation of these Terms and Conditions or any other applicable published Education Technology usage terms, conditions, policies, or requirements, or your violation of any rights of another.
11. Consent to Exclusive Jurisdiction, Waiver of Objections
These Terms and Conditions and the relationship between you and Education Technology shall be governed by the laws of New Zealand without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Dunedin, (New Zealand) for the adjudication of any and all claims arising out of your use of the Education Technology Services, and you waive any objection thereto.
Where you voluntarily provide personal information (e.g. through email feedback or by requesting to be notified when new material is published), we will only use that information to communicate with you. We will keep any such information secure and will not disclose it to any third parties.
If you have any concerns about personal information that we hold, please send an e-mail to: privacy@pathwaysawarua.com
