Terms & Conditions

INTRODUCTION

This website is operated by Skillsnacks Limited. Throughout the site, the terms “we”, “us” and “our” refer to Skillsnacks Limited. Skillsnacks Limited offers this website (“Website”), including all content, tools and services available from this site (“Service”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our Service and agree to be bound by the following Terms. If you do not agree to all the Terms of this agreement, then you may not access the Website or use the Service.

Any new features or tools that are added to the current Service shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ELIGIBILITY

This Service is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Service if you are a minor without the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 13 may not register for or use the Service.

If you are purchasing and providing the Service for your employees, then we rely solely on you to obtain and provide appropriate consent, if needed, to collect personal information from users. You agree to indemnify, defend and hold harmless Skillsnacks Limited and its parents, subsidiaries, affiliates, officers, employees, successors and assigns from and against any and all loss or damage (including reasonable attorneys’ fees) resulting from any misrepresentation, or any non-fulfilment of any representation, responsibility, covenant or agreement on your part, as well as any and all acts, suits, proceedings, demands, assessments, penalties, judgments of or against us relating to or arising out of the activities of you or your employees.

REGISTRATION

To use the Service via this Website you must register for an account (“Account”), provide us with the requisite information and consent to receiving emails from us. See the Privacy Policy for information regarding how we handle your personal information.

You must provide true, accurate, current and complete information about yourself when completing the registration form. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, we have the right to cancel your Account and refuse any and all current or future use of this Website.

If you are registering with the Website as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.

Registration requires a valid email address (which will serve as your user name) and unique password. Please create a secure password: choose a password that uses a combination of letters, uppercase and lowercase, numbers, and symbols.

Avoid choosing obvious words or dates such as a nickname or your birth date. Please use maximum caution to keep your username and password confidential and log-off from the Website when your session is complete to prevent unauthorised access to your information. If your username or password is subject to unauthorised access, you should immediately inform us.

We may, for security or other reasons, require you to change your user name and/ or password or other information which facilitates access to this Website or Service.

You are solely responsible for your Account. It is your responsibility to maintain the security of your user identification, password and other confidential information relating to your Account. You are responsible for any consequences resulting from the use of your Account, use of your Account by others (including minors) or any unauthorised use of the Account.

You must notify us immediately if you become aware of any unauthorised use of your Account.

CHARGES AND PAYMENT

You will be charged in advance of your payment period until your membership is terminated. Annual subscriptions will renew on the one-year anniversary of the start of your current annual membership term and will be effective for an additional year-long term unless cancelled prior to renewal. Monthly subscriptions will renew on the one-month anniversary of the start of your current monthly membership term and will be effective for an additional month-long term unless cancelled prior to renewal. Details of charges are shown within the signup process. All charges are in New Zealand Dollars. Any reduction in the applicable membership price (for example, where you downgrade to a lower-priced package or reduce the number of users on your account) will take effect in your next membership payment period following notification. Any increase in the applicable membership price (for example, where you upgrade your package or add additional users) will take effect from the date of notification (so that a pro-rata payment shall be made for the remainder of the current payment period, with the full payment to be made from the beginning of the following plan period). Your membership period begins on the date on which you register for the Service and finishes on the day before that calendar date the following period.

Your payment details will be encrypted to minimise the possibility of unauthorised access or disclosure. At the time of registration, you will be asked to provide credit/debit card details. In the event that we are unable at any time to obtain payment of any charges using such credit card details, we may freeze your account until it has received settlement in full.

Prices for our products are subject to change without notice and we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

INTELLECTUAL PROPERTY RIGHTS

Other than content you own, which you may have opted to include on this Website, under these Terms, Skillsnacks Limited and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the Website and Service. Any reproduction of the Website or Service material is prohibited.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

YOUR CONTENT

In these Terms, “Your Content” shall mean any audio, video, text, images, or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Skillsnacks Limited a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Skillsnacks Limited reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

USER COMMENTS

Certain parts of this Website offer the opportunity for users to post and exchange opinions, information, material and data (“Comments”) in areas of the Website. Skillsnacks Limited does not screen, edit, publish or review Comments prior to their appearance on the Website and Comments do not reflect the views or opinions of Skillsnacks Limited, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Skillsnacks Limited shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Website.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You warrant and represent that: * You are entitled to post the Comments on the Website and have all necessary licenses and consents to do so. * The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party. * The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy. * The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. * The Comments do not contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. * You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. * You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. * You hereby grant to Skillsnacks Limited a non-exclusive royalty-free license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

THIRD PARTIES

Certain content, products and services available via our Service may include materials from or links to third-parties.

You acknowledge and agree that we provide access to such content, products and services ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

Any use by you of third-party content, products and service offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the content, products and services are provided by the relevant third-party provider(s).

Skillsnacks Limited has no control over, and assumes no responsibility for, the content, products, services, privacy policies, or practices of any third party. You further acknowledge and agree that Skillsnacks Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through any such third-party.

Complaints, claims, concerns, or questions regarding third-party content, products and services should be directed to the third-party.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are expressly and emphatically prohibited from using the Website or Service:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose;
  • to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.
  • to publishing any Website material in any media;
  • to sell, sublicense, and/or otherwise commercialise any Website material;
  • to publicly perform and/or show any Website material;
  • to use this Website in any way that is, or may be, damaging to this Website;
  • to use this Website in any way that impacts user access to this Website;
  • to use this Website in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  • to engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  • to use this Website to engage in any advertising or marketing;

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.

You may notify us of your wish to terminate your membership at any time at, but your cancellation will not take effect until the end of your current commitment period (which may be either a yearly or a monthly period). You will not be entitled to a refund for any membership fee already paid.

You may notify us of your wish to reduce the number of additional users attached to your account or to downgrade to a different package at any time, but such reduction will not take effect until the end of your current commitment period. You will not be entitled to a refund for any periodic fee already paid in respect of such users or enhanced package.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

LIMITATION OF LIABILITY

You expressly agree that your use of, or inability to use, the Website and Service is at your sole risk. The Website and Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Skillsnacks Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website and Service.

INDEMNIFICATION

You hereby indemnify to the fullest extent Skillsnacks Limited from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

ASSIGNMENT

Skillsnacks Limited shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Skillsnacks Limited and you in relation to your use of this Website and Service, and supersede all prior agreements and understandings with respect to the same.

GOVERNING LAW & JURISDICTION

These Terms will be governed by and construed in accordance with New Zealand laws, and you submit to the non-exclusive jurisdiction of New Zealand for the resolution of any disputes.

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