Terms and Conditions
CORE Education Ltd (CORE) enables customers to process certain transactions online, through CORE's website. These Online Services are subject to the terms and conditions stated below.
Please read the following carefully. By accessing our web sites you are agreeing to following terms and conditions. We may change these terms from time to time and so you should check these terms regularly. Your continued use of our online services will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our websites.
If you have any questions, please email email@example.com
- CORE Education Limited (CORE) means a registered not for profit limited liability company and registered in New Zealand, company number 1286844. CORE's address is, 150 Hussey Road, Northwood, CHRISTCHURCH, New Zealand.
- "Educational Positioning System" (known as "EPS") means a framework for school-wide self review and development.
- "EPS On-line tool" means the on-line survey instrument that is based on the EPS Framework.
"EPS Community of Practice" means the online environment accessed by members only in which ideas, resources and information are exchanged.
"Facilitation" means the process of working with a group to help them achieve their goals.
- "Seller" means CORE and its successors and assigns.
- "Client" shall mean the client, or any person acting on behalf of or with the authority of the client.
- "Price" shall mean the cost of the goods/services as agreed between the seller and the client.
CORE provides the following facilitation services to support EPS:
- Develops deep understandings of the philosophical frameworks and key principles that inform effective school development.
- Provides support for executive and management teams (all phases of review and development).
- Facilitates the preparation of stakeholders prior to the completion of the EPS online self-review survey instrument.
Supports briefing development and data presentation.
Facilitates data analysis processes.
- Supports group problem solving, decision-making and planning.
- Supports briefing development and data presentation (groups of all sizes, general meeting support).
- Supports strategic planning development.
- Provides mentoring and milestone review support.
3. USE OF ONLINE SERVICES
Access to and use of our online services is provided on the following terms.
- By using our online services you agree to be bound by these terms, which shall take effect immediately on your first use of one of our online services. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to any of our online services.
- Our online services include web sites, email discussion groups, voice and video communications, video broadcasts and other services delivered utilising the Internet, including:
- The EPS tool
- The EPS website
- The EPS Community of Practice
- You may use information provided to you through CORE Education Online Services, solely for your personal and/or internal business purposes, provided that you do not remove any proprietary rights notices, do not modify the information or make it available to any third parties.
- In using Online Services you declare that you are over 18 and have legal capacity to contract the relevant services. If you are using a credit card to process a transaction, you declare that the credit card is issued in your name and you will pay to the issuer all charges incurred using Online Services. You agree to use our online services only for lawful purposes, and in ways that do not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of our online services.
- You must not use online services for any of the following:
- For fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam'
- To cause annoyance, inconvenience or needless anxiety
Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our websites.
4. PRIVACY STATEMENT
5. COLLECTING YOUR INFORMATION
Using Online Services, you agree to provide any relevant information, documents and attachments, through electronic means, in the format and to the standards described for each transaction. You also agree and understand that the information collected will be retained in electronic form.
6. PROVIDING INFORMATION TO YOU
Using Online Services, you agree to receive information through electronic means. Where information is requested by another person, the requesting party is deemed to be the recipient's agent and is presumed to have obtained the consent of the recipient to receive the information in electronic format.
7. INTELLECTUAL PROPERTY
- All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on our web sites and all content (including all applications) located on the site shall remain vested in CORE and/or their licensors (which includes other users).
- You may not download, transmit, copy, or otherwise make available any material from the Site, including any text or images, for public or commercial use, without CORE's prior written permission; you also may not distribute, transmit, publicly display, publicly perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on CORE's sites without our prior written permission.
- You also agree not to adapt, alter or create a derivative work from any of our content. Any use of our content requires the prior written permission of CORE.
None of the material contained on the Site (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold, or redistributed without the prior written permission of CORE Education Ltd.
- Except as otherwise noted, all content of CORE's websites is: Copyright © 2011 CORE EDUCATION LIMITED, ALL RIGHTS RESERVED.
- For further information regarding permission to use material or data, please contact firstname.lastname@example.org.
8. TRADEMARKS AND TRADE DRESS
- CORE's graphics, logos, page headers, icons, scripts and service names are the trademarks or trade dress of CORE. CORE's trademarks and trade dress may not be used in connection with any product or service that is not CORE's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits CORE.
- The names, images and logos identifying CORE (individually or collectively) or third parties and their products and services are subject to copyright, design rights and trademarks of CORE and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of any CORE organisation or any other third party.
9. THIRD PARTY SITES
10. REGISTRATION, USER IDENTIFICATION AND PASSWORDS
- The EPS On-line tool service requires a school registration and school access key, which is administered by a school administrator. No personal information that will identify individual staff members is required to use the online tool.
- The EPS Online Community of Practice, offered by CORE, requires a login ID and password for verification of your identity.
- You agree that all information provided to CORE by you in relation to the account/s you establish shall be current, complete and accurate.
You will provide us with accurate, complete registration information (including, in particular, your email address) and inform us of any changes to such information. For the purpose of confirming your compliance with these terms, we reserve the right to monitor and record activity on our online services.
You are solely responsible for the confidentiality and use of and access to CORE Education Online Services using your user name and password.
- You agree to immediately notify CORE if you become aware of any loss or theft of any password or user name or any unauthorised use of a password or user name.
- Except in the case of the EPS online survey tool, each registration is for a single user only. You may not share your user name and password with any other person, nor may you share or transfer subscriptions. CORE does not permit access through a single name and password being made available to multiple users on a network. We may cancel or suspend your access to our online services if you do this without further obligation to you.
- A subscription to EPS provides single site access for a specified school or cluster and for the subscription period purchased.
- We reserve the right to refuse access to our online services, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
11. PASSWORD SECURITY (FOR THE EPS COMMUNITY OF PRACTICE)
We recommend you select a password that does not relate to any readily accessible data such as your name, birth date, address, telephone number, driver's license, license plate or passport. It is also recommended that the combination of letters and numbers is not obvious and does not include sequential or repeated numbers or letters. You are entirely responsible for maintaining the security of your login ID and password, and for all activity which occurs on or through your account, whether authorised or unauthorised, including use by current and former employees if you are a corporate entity. You should change your password immediately if you believe that your login ID and password have been used without authorisation. CORE shall not have any liability for your failure to comply with these obligations.
12. WEBSITE SECURITY
Online Payment Services are provided through a secure website [using SSL (secure socket layer) encryption]. However, you acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the website (including credit card information) may be read or intercepted by others, even where a website is stated as being secure. CORE shall have no liability for the interception or 'hacking' of data through the website by unauthorised third parties.
13. ACCURACY OF TRANSACTION INFORMATION
Upon completing a transaction using Online Services, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction, credit card/account information and other details are correct. You should print the transaction confirmation for future reference and for your files. CORE shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of providing Online Services or for loss of data or information caused by factors outside of CORE's control.
14. RIGHT TO SUSPEND, ALTER OR CANCEL SERVICE
CORE shall be entitled at any time without prior notice or any liability to you, to cancel or suspend any or all Online Services and/or to substitute alternative services, which may or may not be interactive or transactional in nature.
15. SPECIFIC SERVICE TERMS AND CONDITIONS
You acknowledge that access to our website and any Online Services made available by CORE may be subject to periodic review of these Terms and Conditions and that you accept being bound by any changes posted on the website resulting from such review. Access and use of the website and any online service shall be deemed to constitute acceptance of any such additional terms and conditions applicable to such service from time to time.
16. DONATIONS, SALES, LICENCE FEES, PAYMENTS AND TRANSACTIONS
You may use our online services to purchase products or services from CORE organisations. These transactions are subject to additional terms and conditions relating to the supply of goods and/or services. These will be clearly indicated at the point of transactions.
All payments (including applicable taxes) must be made in advance in the applicable currency (either New Zealand Dollars, Australian Dollars, UK Pounds, Euros or US Dollars).
You are responsible for the payment of all charges associated with the use of CORE Education Online Services using your user name.
17. CONTRIBUTIONS TO OUR EPS COMMUNITY OF PRACTICE
- By sharing any contribution (including any text, photographs, graphics, video or audio) with us you agree to grant CORE, free of charge, permission to use the material in any way we wish (including modifying and adapting it for operational and editorial reasons) in any media worldwide.
- Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.
- In order that CORE can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any laws, that you have the right to give us permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 16.
Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with us.
If you do not want to grant us the permission set out above on these terms, please do not submit or share your contribution.
18. DISCLAIMERS AND LIMITATION OF LIABILITY
- Whilst every effort has been made to ensure the high quality and accuracy of the information and guidance provided through CORE Education Online Services, we make no warranty, express or implied concerning our content, products or services available through our online services, which are provided "as is" and on an "as available" basis.
- Content posted in email and web site discussion groups and via web site feedback and commenting mechanisms is created by members of the public. The views expressed are theirs and unless specifically stated are not those of CORE E organisations. CORE are not responsible for any content posted by members of the public and available through our online services or for the availability or content of any third party sites that are accessible through our online services.
- Any links to third party websites from CORE's online services do not amount to any endorsement of that site by CORE organisations and any use of that site by you is at your own risk.
- To the extent permitted by law, CORE excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. CORE does not guarantee the timeliness, completeness or performance of our online services or any of the content. While we try to ensure that all content provided by CORE is correct at the time of publication no responsibility is accepted by or on behalf of CORE for any errors, omissions or inaccurate content provided through our online services.
- CORE do not warrant that functions available through our online services will be uninterrupted or error free, that defects will be corrected, or that our systems are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
- Nothing in these terms limits or excludes the liability of CORE organisations for death or personal injury caused by their proven negligence. Subject to the previous sentence, CORE shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of our online services regardless of the form of action.
- In no event will any liability of CORE organisations, their affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the online services or breach of these terms and conditions by CORE organisations exceed the amount, if any, paid by you to a CORE organisation in respect of the particular service to which the claim relates.
- Upon our request, you agree to defend, indemnify and hold harmless CORE organisations from any claims and expenses, including reasonable legal fees, related to any breach of these terms and conditions by you or your use of any online services.
- Except as expressly prohibited by law, in no event will CORE be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even where CORE has been advised of the possibility of such damages occurring. If, notwithstanding the foregoing, CORE is found to be liable to you for any damage or loss which arises as a result of your use of the website, CORE's liability shall not exceed the dollar amount of the transaction which formed the basis of the damage or $100.00, whichever is less. Some jurisdictions do not permit the exclusion of implied warranties, and if you are in one of those jurisdictions these exclusions may not apply to you.
19. FORCE MAJEURE
CORE, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of our online services resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
This agreement is personal to you and your rights and obligations under these terms and conditions may not be assigned, sub-licensed or otherwise transferred.
The failure or delay of CORE organisations to exercise or enforce any right in these terms does not waive their right to enforce that right.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
23. STATUTE OF LIMITATIONS
Any cause of action of yours with respect to these terms and conditions must be filed in a court of competent jurisdiction in New Zealand, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
24. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by, and construed in accordance with, New Zealand law. The parties irrevocably agree that the courts of New Zealand shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the New Zealand courts.
For the exclusive benefit of CORE, we retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of your principal place of business.
If you have any questions about these terms and conditions, please email email@example.com. The last logged review date of these Terms and Conditions is 29 September 2011.