Terms of Use

Welcome to this internet based educational service (the "Service"). 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 provider has a license to provide the Service. The Service is licensed from The Tarn Group Limited a company based in New Zealand at 286 Princes Street, Dunedin and operated by the Service provider, which is referred to in this Agreement as "The Service provider", "we," "us" or similar references.

2. Application of General Terms and Conditions

Use by end users of the Service and the associated website is governed by these General Terms and Conditions. Unless explicitly stated otherwise, any new Services shall be subject to these General Terms and Conditions. The Service provider may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement/s for accessing additional services or functionality which may need to be accepted by you when accessing those additional services or functionality. When you are using any service this agreement needs to be read in conjunction with those additional terms and conditions.

3. Registration and User Accounts

Certain of the Services will require the user to create an account and provide certain data. 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 the Service provider 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) as required by various registration forms ("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 the Service provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Service provider has the right to suspend or terminate your account and refuse any and all current or future use of the Services.

You may be liable for the losses of the Service provider 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 registrations become the exclusive property of the Service provider, its affiliates, successors in interest, and subsidiaries. The Service provider reserves the right to use and reuse all registration and other personally identifiable user information subject to the Service provider Privacy Policy. By using the Service, you acknowledge receipt of the Service provider Privacy Policy.

4. General Use of the Website Conditions and Restrictions of Use

Termination. You acknowledge and agree that the Service provider 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 the Service provider. Any such termination or suspension shall be in the Service providers sole discretion and may occur without prior notice, or any notice. The Service provider further reserves the right to terminate or suspend any user's access to The Service or to any portion of the Service for any conduct that Service provider, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to the Service provider or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any national or international law or regulations. The Service provider 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 The Service providers 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 as The Service provider cannot guarantee and control that the publishers will always comply with their contractual obligations. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If The Service provider learns that anyone under the age of 13 seeks to conduct a transaction through the Services, The Service provider will require verified parental consent. Certain areas of the Service may not be available to children under 13 under any circumstances.

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.

Content Not Screened or Error Free. You acknowledge and agree that the Service provider does not screen or review published content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will the Service provider be liable in any way for any user or other third party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, or otherwise transmitted via the Services. The Service provider does not guarantee that any Content will be to your satisfaction. In the event that you believe that Content published on or through the Service contains defamatory material or otherwise is published in violation of these terms and conditions, however, please contact us right away.

Agreement Not to Circumvent Intellectual Property Rights.

You acknowledge and agree that your rights to view and manipulate content that you access on or through the Service are strictly limited to the terms of those rights that you obtained in connection with your joining and registering. Except as permitted by those rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any Content obtained through the Service, including, without limitation, by incorporating data and or Content from the Service into any e-mail, search, catalogue, directory, or other "white pages" products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise exploited in any manner not intended by the normal functionality of the Service. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behaviour for which you may be held criminally and/or civilly liable.

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.

Credit Card Transactions

The Service Provider may offer products and services that can be purchased from the site with payment via credit card. Credit card information is used solely to process the applicable transaction and the site does not store any credit card information supplied. Your country of origin information is required to determine whether you are completing the transaction within New Zealand and therefore liable to pay GST. By selecting a country other than New Zealand you declare that you are not in New Zealand at the time of the transaction and you will not be making use of the product or services in New Zealand.

The name that will appear on your statement will be The Tarn Group Limited.

No refunds are issued on credit card transactions.

Items purchased are electronic in nature and on completion of the transaction you will have instant access to the products online.

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 or the Service provider;

Obstructing or interfering with services, servers, networks connected to the Service provider sites, or refuse to comply with the required conditions, procedures, general rules or provisions applicable by regulation to the networks connected to the Service provider sites;

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;

Using the services for advertising purposes and more generally proposing products and services for which you are paid directly or indirectly, unless under a specific and separate contract with The Service provider.

Decompiling disassembling, modifying, translating, adapting, reversing engineer, creating derivative works from, or sublicensing 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.

7. License To Content

Except as otherwise provided by the Service provider Privacy Policy, with respect to any Content posted by you on, to, or through the Service provider or the Services, you grant the Service provider 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 the Services. Such license shall apply with respect to any form, media, or technology now known or later developed.

8. Disclaimer of Warranties

The Service provider 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, the Service provider disclaims any warranties for the security, reliability, timeliness, and performance of the services. To the fullest extent permitted by law, the Service provider 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. The Service provider 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 the Service provider 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. The Service provider disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. The Service provider 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. The Service provider makes no warranty regarding the reliability or accessibility of member web pages or any storage facilities offered by the Service provider.

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 the Service provider 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 the Service provider 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 Service. 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 the Service provider 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 the Service provider 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 Service provider 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 the Service provider 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 Services, and you waive any objection thereto

Privacy Notice

The Service provider recognizes that its customers, visitors, users, and others who use the Service or any variations of or successors to The Service value their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected during use of The Service. The Service provider provides this Privacy Notice to help you make an informed decision about whether to use or continue using the Service.

This Privacy Notice is incorporated into and is subject to the Terms of Use.

The Information the Service provider Collects

User Provided Information: You provide certain personally identifiable information (such as your name and email address) to the Service provider when choosing to participate in various activities* on the the Service such as registering as a user, uploading content, participating in discussions and forums, entering contests, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.

*The activities you are able to access will vary dependent on the Service provided,

Cookies Information: When you visit the site hosting the Service, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. The Service provider uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.

Log File Information: When you use the Service our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

The Way the Service provider Uses Information

If you submit personally identifiable information to us through the Service then we use your personal information to operate, maintain, and provide to you the features and functionality of the Service.

Uploaded content will remain private to you unless at the time of upload you are given the option to share this with other users. When you create a discussion members that you invite in to that discussion will be able to view any content associated with that discussion to enable participation in the discussion. Your account user name and name (not your email address) is displayed to other Users when you create or participate in discussions.

We may use your email address or other personally identifiable information to send relevant or specific programs or features for which you will have the ability to opt-in or opt-out. We may also use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Service changes or for customer service purposes).

We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.

We use cookies, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Service; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests. When the Service provider discloses personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf we require that these parties agree to process such information in compliance with our privacy policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Service Provider Site.

We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with New Zealand laws (such as New Zealand Copyright Law) or respond to a court order, subpoena, or search warrant.

The Service provider also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that The Service provider believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of The Service provider, our Users or others.

Your Choices

You may, of course, decline to submit personally identifiable information through the Service in which case the Service provider may not be able to provide certain services to you. You may update or correct your personal profile information at any time by visiting your account profile page. Please note that media files uploaded by Users to the Service Provider site might not be able to be removed and remain subject to our Terms of Use.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

Third-party Advertisers, Links to Other Sites

The Service provider may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Service Provider site. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Service Provider Site. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.

The Service Provider will not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. The advertiser may also use information regarding your use of the Service such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.

You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. The Service provider's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

Our Commitment To Data Security

The Service provider uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to The Service provider and you do so at your own risk. Once we receive your transmission of information, The Service provider makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If The Service provider learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. The Service provider may post a notice on the Service Provider site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us

In the Event of Merger, Sale, or Bankruptcy

In the event that The Service provider is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Changes and updates to this Privacy Notice

This Privacy Notice may be revised periodically. Please revisit this page to stay aware of any changes. Your continued use of the Service constitutes your agreement to this Privacy Notice and any future revisions.

For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.