Terms and Conditions


For Courses With One-Off Payment Options


Terms and Conditions 

This Agreement is entered into between the Hetet School of Māori Art Limited and any of its associated websites (we, us and our) and you, the person purchasing and participating in our online Courses (you and your), together the Parties and each a Party.


Background

We operate a business which provides online courses in traditional Māori arts (Courses), which will be provided to you in accordance with the terms of this Agreement.

1. Acceptance 

1.1. You accept this Agreement by clicking “I accept” or otherwise accepting this Agreement when you sign up to receive the Courses.


2. Accounts

2.1. You must create an account (Account) to access the Courses on our website or application (Platform). 

2.2. You must provide basic information when registering for an Account including your contact name (not an alias or pseudonym) and email address and you must create a password and you may be asked to create a username.  

2.3. You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide it to others.

2.4. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

2.5. The Courses offered by us are outlined on our Platform, and subject to change from time to time at our discretion.


3. Courses

3.1. We will provide the Courses in accordance with this Agreement, whether ourselves or through our Personnel.

3.2. Once you have been provided access to the Courses, we will use our best endeavours to make the Courses available at all times.

3.3. We will endeavour to provide you with reasonable notice, where possible, of any interruptions to access and availability of the Courses.  

3.4. While we use reasonable attempts to ensure the accuracy and completeness of the Courses, to the extent permitted by law, we do not warrant the accuracy, completeness or suitability of any of the Courses. The Courses are for general information purposes and your personal use only. 

3.5. There may be materials and equipment required for a Course that you will be required to purchase in order to proceed with the Course.  

3.6. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links. 

3.7. At our discretion, we may implement an Affiliate Referral Program (Affiliate Program) where you may benefit from referring new students to our Courses. We will advise you if the Referral Program becomes available.

3.8. At our discretion, we may discontinue any Affiliate Referral Program. We will advise you if any Affiliate Referral Program is subsequently discontinued.

4. Your Obligations

You agree to:  

(a) comply with this Agreement, our reasonable requests or requirements, and all applicable Laws; and

(b) provide all assistance, information and permissions reasonably necessary to enable us to comply with our obligations under this Agreement or at Law.

5. Course Participation

5.1. You may purchase a Course by paying the course fees outlined on the Platform (Fees) in advance. The Fees are per Course, and cover the length of the selected Course (Billing Cycle).

5.2. To apply to participate in a Course you may be required to complete an application form on our Platform. Prior to starting the Course and after your payment of the Fees, we may provide you with a qualification form and community form (Forms) and we may also arrange for a video call with us (where applicable) to discuss whether the Course you have chosen is the best fit for you. At our discretion we may suggest a Course is not the right fit for you, and cancel your enrolment in the Course. The Fees paid by you will be refunded in full.

5.3. At the end of the first Billing Cycle, you will need to enroll in another Course before any further payment is required. You will be charged the Fees (as applicable for) for subsequent Billing Cycles as outlined on the Platform.

5.4 The payment methods we offer for the Fees are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

5.5. You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting this Agreement, you authorise our nominated third party payment processor to debit your account in accordance with this Agreement and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.

5.6. You agree that we may set-off or deduct from any monies payable to you under this Agreement, any amounts which are payable by you to us in connection with the Platform.

5.7. Changes to your Course: If you wish to change your Course (for example, by putting your use of the Course on hold), you must provide notice to us via email, and provide us with at least 48 hours’ notice . If during the period your participation in a Course is on hold, the Fees increase, the increased Fees will apply at the start of your next Billing Cycle. 

5.8. We understand that you may change your mind between acceptance into the Course and the start date and will provide a full refund for Fee prior to the Course commencing. Fees payable for a Course are non-refundable once the Course state date has passed.

5.9. The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and this Agreement. 

5.10. We may need to change what is available as part of a Course (for example, the inclusions and exclusions) from time to time. If we change what is available as part of a Course, we will provide you with at least 30 days’ notice of the change. 

6. Warranties

6.1. You represent, warrant and agree that:

(a) you have full legal capacity, right, authority and power to enter into this Agreement, and perform your obligations under it;

(b) this Agreement constitutes a legal, valid and binding agreement enforceable in accordance with its terms;

(c) you will not access the Courses unless you are at least 18 years old; 

(d) you undertake the physical activities set out in the Courses at your own risk and you are responsible for ensuring you carry out such activities within your own limits (as determined by you);

(e) you will not use the Courses if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety;

(f) where you are aware of or become aware of, any physical or medical conditions that prevent you from participating in your chosen Courses, you will not participate in those Courses unless you have received consent from a medical professional to participate in the Courses;

(g) there are no legal restrictions preventing you from entering into this Agreement;  

(h) all information and documentation that you provide to us in connection with this Agreement is true, correct and complete;  

(i) you have not relied on any representations or warranties made by us in relation to the Courses (including as to whether the Courses is or will be fit or suitable for your particular purposes), and you acknowledge that you have agreed to participate in the Courses in reliance on your own investigations and judgement and that you understand the Courses are not an accredited course; 

(j) the Courses are provided to you solely for your benefit and you will not (or you will not attempt to) disclose, or provide access to, the Courses to third parties without our prior written consent; and

(k) any information, advice, material, work and training (including the Courses) provided by us under this Agreement does not constitute legal, medical, financial or business advice.

7. Intellectual Property 

7.1. As between the Parties: 

(a) we own all Intellectual Property Rights in Our Materials; and 

(b) nothing in this Agreement constitutes a transfer or assignment of any Intellectual Property Rights in Our Materials.

7.2. As between the Parties, ownership of all Intellectual Property Rights in any New Materials or Improvements will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such Intellectual Property Rights in any New Materials and/or Improvements do not automatically vest in us, you agree to do all things necessary or desirable to assure our title in such rights.

7.3. We grant you a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence, to use Our Materials that we provide to you, the New Materials and Improvements, solely for the purposes of your participation in the Courses. You cannot use, share or modify the Intellectual Property or Course content in any way other than for your own personal use.

7.4. In the use of any Intellectual Property Rights in connection with this Agreement, you must not commit any Intellectual Property Breach.

7.5. This clause 7 will survive termination or expiry of this Agreement. 

8. Confidential Information

8.1. Subject to clause 8.2, you must: 

(a) keep confidential; and 

(b) not use or permit any unauthorised use of, 

all Confidential Information.

8.2. Clause 8.1 does not apply where:

(a) the disclosure is required by Law; or

(b) the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Agreement and provided that you ensure the adviser complies with the terms of clause 8.1. 

8.3. To the maximum extent permitted by law, you indemnify, and continue to indemnify, us against all Liability we suffer or incur arising from or as a consequence of a breach of this clause 8.

8.4. This clause 8 will survive the termination or expiry of this Agreement.

9. New Zealand consumer laws 

9.1. If you are participating in the Courses for personal use:

(a) Certain legislation, including New Zealand Consumer Law (NZCL) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Courses which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in this Agreement excludes your Consumer Law Rights as a consumer under the NZCL.

(b) You agree that our Liability for the Courses is governed solely by the NZCL and this Agreement.

(c) Subject to your Consumer Law Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Courses) are provided to you without warranties, representations and guarantees of any kind, except where expressly provided in this Agreement.

9.2. If you are participating in the Courses for the purposes of trade, the Parties agree that: 

(a) to the maximum extent permitted by law, the Consumer Guarantees Act 1993 does not apply to the Courses or the Agreement; and

(b) it is fair and reasonable that the Parties are bound by this Agreement, including this clause 9.1.

9.3. This clause 9 will survive the termination or expiry of this Agreement.

10. Exclusions to liability

10.1. Despite anything to the contrary in this Agreement, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:  

(a) your acts or omissions;  

(b) any use or application of the Courses by a person or entity other than you, or other than as reasonably contemplated by this Agreement;  

(c) any goods, materials or items which do not form part of the Courses (as expressed in this Agreement), or which have not been provided by us;  

(d) any Third Party Inputs;

(e) the Courses being unavailable, or any delay in us providing the Courses to you, for whatever reason; and/or

(f) any event outside of our reasonable control.

10.2. This clause 10 will survive the termination or expiry of this Agreement.

11. Limitations on liability

11.1. Despite anything to the contrary in this Agreement, to the maximum extent permitted by law:  

(a) we will not be liable for Consequential Loss; 

(b) a Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party; and

(c) our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to us resupplying the Courses to you or, in our sole discretion, to us repaying you the amount of the Fees paid by you.   

11.2. Despite anything to the contrary in this Agreement, to the maximum extent permitted by law, you are liable for, and agree to make good, indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with:

your acts or omissions; or

your use of the Courses.

11.3. This clause 11 will survive the termination or expiry of this Agreement.

12. Termination 

12.1. Your Account and/or participation in a Course will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a) the other Party (Defaulting Party) breaches a material term of this Agreement and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b) the Defaulting Party is unable to pay its debts as they fall due.

12.2. Should we suspect that you are in breach of this Agreement, we may suspend your access to the Platform while we investigate the suspected breach. 

12.3. Upon expiry or termination of your Account and/or participation in a Course:

(a) Where we terminate your Account and/or participation in a Course as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.

(b) Where termination is due to our breach of this Agreement, we agree to refund you for any prepaid unused Fees on a pro-rata basis. 

12.4. Termination of your Account and/or participation in a Course will not affect any rights or liabilities that a Party has accrued under this Agreement.  

12.5. This clause will survive the termination or expiry of your Account and/or Participation in a Course.

13. General 

13.1. Amendment: This Agreement may only be amended by a written instrument executed by the Parties.

13.2. Assignment: You must not assign or deal with the whole or any part of your rights or obligations under this Agreement without our prior written consent (such consent is not to be unreasonably withheld).

13.3. Counterparts: This Agreement may be executed in any number of counterparts that together will form one instrument. 

13.4. Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree on how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the President of the New Zealand Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

13.5. Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

13.6. Entire agreement: This Agreement contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter. Without limiting the previous sentence, where you are participating in the Course for the purposes of trade, the Parties agree to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986, and that it is fair and reasonable that the Parties are bound by this clause 13.6.

13.7. Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to this Agreement and their obligations under it.

13.8. Force Majeure: We will not be liable for any delay or failure to perform our obligations under this Agreement if such delay is due to any circumstance beyond our reasonable control.

13.9. Governing law: This Agreement is governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand.  

13.10. Notices: Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

13.11. Online execution: This Agreement may be executed by means of such third party online document execution service as we nominate subject to such execution being in accordance with the applicable terms and conditions of that document execution service.

13.12. Privacy: We agree to comply with the legal requirements of the New Zealand Privacy Act 2020 and any other applicable legislation or privacy guidelines.

13.13. Publicity: You agree that we may advertise or publicise the broad nature of our provision of the Courses to you, including on our website or in our promotional material.  

13.14. Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

13.15. Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.

Definitions 

In this Agreement, unless the context otherwise requires, capitalised terms have the following meanings:

Agreement means these terms and conditions and any documents attached to, or referred to in, each of them. 

Business Day means a day on which banks are open for general banking business in New Zealand, excluding Saturdays, Sundays and public holidays.

Confidential Information includes information which:

(a) is disclosed to you in connection with this Agreement at any time and includes;

(b) is prepared or produced under or in connection with this Agreement at any time;

(c) relates to our business, assets or affairs; or

(d) relates to the subject matter of, the terms of and/or any transactions contemplated by this Agreement,

whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever you receive that information.

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Courses means the Courses that we agree to provide you access to under this Agreement.

Improvements means any development, modification, adaptation or improvement of Our Materials or any New Materials made by or on behalf of either Party, or in respect of which Intellectual Property Rights are acquired by, either Party during the Term. 

Intellectual Property means any domain names, know-how, inventions, processes, techniques, trade secrets or Confidential Information, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Breach means any breach by you of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties), including, but not limited, to you: 

(a) copying, altering, enhancing, adapting or modifying any of our Intellectual Property; 

(b) creating derivative works from our Intellectual Property; 

(c) providing or disclosing our Intellectual Property to, or allowing our Intellectual Property to be used by, any third party; 

(d) assigning or transferring any of our Intellectual Property Rights or granting sublicenses of any of our Intellectual Property Rights, except as expressly permitted in this Agreement;

(e) reverse engineering or decompiling any of our Intellectual Property Rights, except where permitted by Law; or

(f) using or exploiting our Intellectual Property for purposes other than as expressly stated in this Agreement (including, without limitation, using our Intellectual Property for commercial purposes or on-selling our Intellectual Property to third parties).

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property. 

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with this Agreement or the provision of the Courses.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.

New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you in connection with this Agreement or the provision of the Courses, whether before or after the date of this Agreement.

NZCL or New Zealand Consumer Law means the consumer laws applicable in New Zealand, including but not limited to, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, as amended, supplemented or replaced, from time to time.

Our Materials means all work, Course content, content, processes, technologies, materials, information, documentation and Courses that we may provide to you under this Agreement, and which may contain material which is owned by or licensed to us, and is protected by New Zealand and international laws.

Personnel means any of our employees, consultants, suppliers, subcontractors or agents.

Third Party Inputs means third parties or any goods and Courses provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Courses may be contingent on, or impacted by. 


15. Interpretation

In this Agreement, unless the context otherwise requires: 

(a) a reference to this Agreement or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;

(b) a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;

(c) a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;

(d) no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;

(e) a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;

(f) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;

(g) a reference to time is to local time in New Zealand; and

(h) a reference to $ or dollars refers to the currency of New Zealand from time to time.



For Courses With Subscriptions


Terms and Conditions

This Agreement is entered into between the Hetet School of Māori Art Limited and any of its associated websites (we, us and our) and you, the person purchasing and participating in our online Courses (you and your), together the Parties and each a Party.


Background

We operate a business which provides online courses in traditional Māori arts (Courses), which will be provided to you in accordance with the terms of this Agreement.

1. Acceptance 

1.1. You accept this Agreement by clicking “I accept” or otherwise accepting this Agreement when you sign up to receive the Courses.


2. Accounts

2.1. You must create an account (Account) to access the Courses on our website or application (Platform). 

2.2. You must provide basic information when registering for an Account including your contact name (not an alias or pseudonym) and email address and you must create a password and you may be asked to create a username.  

2.3. You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide it to others.

2.4. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

2.5. The Courses offered by us are outlined on our Platform, and subject to change from time to time at our discretion.


3. Courses

3.1. We will provide the Courses in accordance with this Agreement, whether ourselves or through our Personnel.

3.2. Once you have been provided access to the Courses, we will use our best endeavours to make the Courses available at all times.

3.3. We will endeavour to provide you with reasonable notice, where possible, of any interruptions to access and availability of the Courses.  

3.4. While we use reasonable attempts to ensure the accuracy and completeness of the Courses, to the extent permitted by law, we do not warrant the accuracy, completeness or suitability of any of the Courses. The Courses are for general information purposes and your personal use only. 

3.5. There may be materials and equipment required for a Course that you are will be required to purchase in order to proceed with the Course.  

3.6. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform. We will make it clear by notice you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links. 

3.7. At our discretion, we may implement an Affiliate Referral Program (Affiliate Program) where you may benefit from referring new students to our Courses. We will advise you if the Referral Program becomes available.

3.8. At our discretion, we may discontinue any Affiliate Referral Program. We will advise you if any Affiliate Referral Program is subsequently discontinued.

4. Your Obligations

You agree to:  

(a) comply with this Agreement, our reasonable requests or requirements, and all applicable Laws; and

(b) provide all assistance, information and permissions reasonably necessary to enable us to comply with our obligations under this Agreement or at Law.


5. Course Participation

5.1.You may purchase a Course by signing up to a Course, and paying the relevant monthly subscription fee (Fees) for the course as noted on our Platform. The first payment of the Fee is required on signing up to the Course. Every payment following during the term of the Course will be charged on a monthly basis (Billing Cycle).  

5.2. To apply to participate in a Course you may be required to complete an application form on our Platform. Prior to starting the Course and after your payment of the first monthly Fee, we may provide you with a qualification form and community form (Forms) and we may also arrange for a video call with us (where applicable) to discuss whether the Course you have chosen is the best fit for you. At our discretion we may suggest a Course is not the right fit for you, and cancel your enrolment in the Course. The Fees paid by you will be refunded in full.

5.3. The payment methods we offer for the Fees are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

5.4. You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting this Agreement, you authorise our nominated third party payment processor to debit your account in accordance with this Agreement and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.

5.5. You agree that we may set-off or deduct from any monies payable to you under this Agreement, any amounts which are payable by you to us in connection with the Platform.

5.6. Changes to your Course: If you wish to change your Course (for example, by putting your use of the Course on hold), you must provide notice to us via email, and provide us with at least 48 hours’ notice . If during the period your participation in a Course is on hold, the Fees increase, the increased Fees will apply at the start of your next Billing Cycle. 

5.7. Should we agree to put your participation in the Course on hold, We reserve the right to charge you a rejoin fee, which will be the equivalent of one Billing Cycle.

5.8. We understand that you may change your mind between acceptance into the Course and the start date and will provide a full refund for Fee prior to the Course commencing. Fees payable for a Billing Cycle are non-refundable once the first of that month has passed.

5.9. The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and this Agreement. 

5.10. We may need to change what is available as part of a Course (for example, the inclusions and exclusions) from time to time. If we change what is available as part of a Course, we will provide you with at least 30 days’ notice of the change. 


6. Warranties

6.1. You represent, warrant and agree that:

(a) you have full legal capacity, right, authority and power to enter into this Agreement, perform your obligations under it;

(b) this Agreement constitutes a legal, valid and binding agreement enforceable in accordance with its terms;

(c) you will not access the Courses unless you are at least 18 years old; 

(d) you undertake the physical activities set out in the Courses at your own risk and you are responsible for ensuring you carry out such activities within your own limits (as determined by you);

(e) you will not use the Courses if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety;

(f) where you are aware of or become aware of, any physical or medical conditions that prevent you from participating in your chosen Courses, you will not participate in those Courses unless you have received consent from a medical professional to participate in the Courses;

(g) there are no legal restrictions preventing you from entering into this Agreement;  

(h) all information and documentation that you provide to us in connection with this Agreement is true, correct and complete;  

(i) you have not relied on any representations or warranties made by us in relation to the Courses (including as to whether the Courses is or will be fit or suitable for your particular purposes), and you acknowledge that you have agreed to participate in the Courses in reliance on your own investigations and judgement and that you understand the Courses are not an accredited course; 

(j) the Courses are provided to you solely for your benefit and you will not (or you will not attempt to) disclose, or provide access to, the Courses to third parties without our prior written consent; and

(k) any information, advice, material, work and training (including the Courses) provided by us under this Agreement does not constitute legal, medical, financial or business advice.

7. Intellectual Property 

7.1. As between the Parties: 

(a) we own all Intellectual Property Rights in Our Materials; and 

(b) nothing in this Agreement constitutes a transfer or assignment of any Intellectual Property Rights in Our Materials.

7.2. As between the Parties, ownership of all Intellectual Property Rights in any New Materials or Improvements will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such Intellectual Property Rights in any New Materials and/or Improvements do not automatically vest in us, you agree to do all things necessary or desirable to assure our title in such rights.

7.3. We grant you a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence, to use Our Materials that we provide to you, the New Materials and Improvements, solely for the purposes of your participation in the Courses. You cannot use, share or modify the Intellectual Property or Course content in any way other than for your own personal use.

7.4. In the use of any Intellectual Property Rights in connection with this Agreement, you must not commit any Intellectual Property Breach.

7.5. This clause 7 will survive termination or expiry of this Agreement. 

8. Confidential Information

8.1. Subject to clause 8.2, you must: 

(a) keep confidential; and 

(b) not use or permit any unauthorised use of, 

all Confidential Information.

8.2. Clause 8.1 does not apply where:

(a) the disclosure is required by Law; or

(b) the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Agreement and provided that you ensure the adviser complies with the terms of clause 8.1. 

8.3. To the maximum extent permitted by law, you indemnify, and continue to indemnify, us against all Liability we suffer or incur arising from or as a consequence of a breach of this clause 8.

8.4. This clause 8 will survive the termination or expiry of this Agreement.

9. New Zealand consumer laws 

9.1. If you are participating in the Courses for personal use:

(a) Certain legislation, including New Zealand Consumer Law (NZCL) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Courses which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in this Agreement excludes your Consumer Law Rights as a consumer under the NZCL.

(b) You agree that our Liability for the Courses is governed solely by the NZCL and this Agreement.

(c) Subject to your Consumer Law Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Courses) are provided to you without warranties, representations and guarantees of any kind, except where expressly provided in this Agreement.

9.2. If you are participating in the Courses for the purposes of trade, the Parties agree that: 

(a) to the maximum extent permitted by law, the Consumer Guarantees Act 1993 does not apply to the Courses or the Agreement; and

(b) it is fair and reasonable that the Parties are bound by this Agreement, including this clause 9.1.

9.3. This clause 9 will survive the termination or expiry of this Agreement.

10. Exclusions to liability

10.1. Despite anything to the contrary in this Agreement, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:  

(a) your acts or omissions;  

(b) any use or application of the Courses by a person or entity other than you, or other than as reasonably contemplated by this Agreement;  

(c) any goods, materials or items which do not form part of the Courses (as expressed in this Agreement), or which have not been provided by us;  

(d) any Third Party Inputs;

(e) the Courses being unavailable, or any delay in us providing the Courses to you, for whatever reason; and/or

(f) any event outside of our reasonable control.

10.2. This clause 10 will survive the termination or expiry of this Agreement.

11. Limitations on liability

11.1. Despite anything to the contrary in this Agreement, to the maximum extent permitted by law:  

(a) we will not be liable for Consequential Loss; 

(b) a Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party; and

(c) our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to us resupplying the Courses to you or, in our sole discretion, to us repaying you the amount of the Fees paid by you.   

11.2. Despite anything to the contrary in this Agreement, to the maximum extent permitted by law, you are liable for, and agree to make good, indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with:

(a) your acts or omissions; or

(b) your use of the Courses.

11.3. This clause 11 will survive the termination or expiry of this Agreement.

12. Termination 

12.1. Your Account and/or participation in a Course will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a) the other Party (Defaulting Party) breaches a material term of this Agreement and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b) the Defaulting Party is unable to pay its debts as they fall due.

12.2. Should we suspect that you are in breach of this Agreement, we may suspend your access to the Platform while we investigate the suspected breach. 

12.3. Upon expiry or termination of your Account and/or participation in a Course:

(a) Where we terminate your Account and/or participation in a Course as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.

(b) Where termination is due to our breach of this Agreement, we agree to refund you for any prepaid unused Fees on a pro-rata basis. 

12.4. Termination of your Account and/or participation in a Course will not affect any rights or liabilities that a Party has accrued under this Agreement.  

12.5. This clause will survive the termination or expiry of your Account and/or Participation in a Course.

13. General 

13.1. Amendment: This Agreement may only be amended by a written instrument executed by the Parties.

13.2. Assignment: You must not assign or deal with the whole or any part of your rights or obligations under this Agreement without our prior written consent (such consent is not to be unreasonably withheld).

13.3. Counterparts: This Agreement may be executed in any number of counterparts that together will form one instrument. 

13.4. Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree on how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the President of the New Zealand Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

13.5. Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

13.6. Entire agreement: This Agreement contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter. Without limiting the previous sentence, where you are participating in the Course for the purposes of trade, the Parties agree to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986, and that it is fair and reasonable that the Parties are bound by this clause 13.6.

13.7. Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to this Agreement and their obligations under it.

13.8. Force Majeure: We will not be liable for any delay or failure to perform our obligations under this Agreement if such delay is due to any circumstance beyond our reasonable control.

13.9. Governing law: This Agreement is governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand.  

13.10. Notices: Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

13.11. Online execution: This Agreement may be executed by means of such third party online document execution service as we nominate subject to such execution being in accordance with the applicable terms and conditions of that document execution service.

13.12. Privacy: We agree to comply with the legal requirements of the New Zealand Privacy Act 2020 and any other applicable legislation or privacy guidelines.

13.13. Publicity: You agree that we may advertise or publicise the broad nature of our provision of the Courses to you, including on our website or in our promotional material.  

13.14. Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

13.15. Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.

14. Definitions 

In this Agreement, unless the context otherwise requires, capitalised terms have the following meanings:

Agreement means these terms and conditions and any documents attached to, or referred to in, each of them. 

Business Day means a day on which banks are open for general banking business in New Zealand, excluding Saturdays, Sundays and public holidays.

Confidential Information includes information which:

(a) is disclosed to you in connection with this Agreement at any time and includes;

(b) is prepared or produced under or in connection with this Agreement at any time;

(c) relates to our business, assets or affairs; or

(d) relates to the subject matter of, the terms of and/or any transactions contemplated by this Agreement,

whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever you receive that information.

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Courses means the Courses that we agree to provide you access to under this Agreement.

Improvements means any development, modification, adaptation or improvement of Our Materials or any New Materials made by or on behalf of either Party, or in respect of which Intellectual Property Rights are acquired by, either Party during the Term. 

Intellectual Property means any domain names, know-how, inventions, processes, techniques, trade secrets or Confidential Information, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Breach means any breach by you of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties), including, but not limited, to you: 

(a) copying, altering, enhancing, adapting or modifying any of our Intellectual Property; 

(b) creating derivative works from our Intellectual Property; 

(c) providing or disclosing our Intellectual Property to, or allowing our Intellectual Property to be used by, any third party; 

(d) assigning or transferring any of our Intellectual Property Rights or granting sublicenses of any of our Intellectual Property Rights, except as expressly permitted in this Agreement;

(e) reverse engineering or decompiling any of our Intellectual Property Rights, except where permitted by Law; or

(f) using or exploiting our Intellectual Property for purposes other than as expressly stated in this Agreement (including, without limitation, using our Intellectual Property for commercial purposes or on-selling our Intellectual Property to third parties).

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property. 

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with this Agreement or the provision of the Courses.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.

New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you in connection with this Agreement or the provision of the Courses, whether before or after the date of this Agreement.

NZCL or New Zealand Consumer Law means the consumer laws applicable in New Zealand, including but not limited to, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, as amended, supplemented or replaced, from time to time.

Our Materials means all work, Course content, content, processes, technologies, materials, information, documentation and Courses that we may provide to you under this Agreement, and which may contain material which is owned by or licensed to us, and is protected by New Zealand and international laws.

Personnel means any of our employees, consultants, suppliers, subcontractors or agents.

Third Party Inputs means third parties or any goods and Courses provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Courses may be contingent on, or impacted by. 


15. Interpretation

In this Agreement, unless the context otherwise requires: 

(a) a reference to this Agreement or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;

(b) a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;

(c) a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;

(d) no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;

(e) a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;

(f) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;

(g) a reference to time is to local time in New Zealand; and

(h) a reference to $ or dollars refers to the currency of New Zealand from time to time.



TERMS OF USE RELATING TO THE PLATFORM 
This agreement applies as between you, the User of this Website and Hetet School Of Māori Art Limited, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, wording graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Hetet School Of Māori Art Limited makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Hetet School Of Māori Art Limited proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at 60A Guthrie Street in Lower Hutt and 132 Rothesay Road in Christchurch, Aotearoa New Zealand;
"System": means any online communications infrastructure that Hetet School Of Māori Art Limited makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Hetet School Of Māori Art Limited and acting in the course of their employment;
"Website": means the website that you are currently using (hetetschoolofmaoriart.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Hetet School Of Māori Art Limited, a company incorporated in Aotearoa New Zealand with Company registration Number 5585728. Our registered business address is located at Active Chartered Accountants, 8 Raroa Road, Hutt Central, Lower Hutt, 5010 , New Zealand. 

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

  • 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, wording, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Hetet School Of Māori Art Limited, or our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable New Zealand and International intellectual property and other laws. 
  • 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

    "The sharing or teaching of such material in part or whole (either paid or free) without our express written consent will constitute a breach of our terms that will result in immediate suspension of your account and subsequent termination of your membership and possible legal action.

5. Third Party Intellectual Property

  • 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
  • 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply. 

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Hetet School Of Māori Art Limited or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site hetetschoolofmaoriart.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at [email protected] or call us in the following number: your_number.

9. Use of Communications Facilities

  • 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
  • 9.1.1 You must not use obscene or vulgar language;
  • 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  • 9.1.3 You must not submit Content that is intended to promote or incite violence;
  • 9.1.4 It is advised that submissions are made using the English language or Te Reo Māori as we may be unable to respond to enquiries submitted in any other languages;
  • 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
  • 9.1.6 You must not impersonate other people, particularly employees and representatives of Hetet School Of Māori Art Limited or Our affiliates; and
  • 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
  • 9.2 You acknowledge that Hetet School Of Māori Art Limited reserves the right to monitor any and all communications made to Us or using Our System.
  • 9.3 You acknowledge that Hetet School Of Māori Art Limited may retain copies of any and all communications made to Us or using Our System.
  • 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

10. Accounts

  • 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
  • 10.1.1 all information you submit is accurate and truthful;
  • 10.1.2 you have permission to submit Payment Information where permission may be required; and
  • 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
  • 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  • 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
  • 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation of Accounts

  • 11.1 Either Hetet School Of Māori Art Limited or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
  • 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

12. Services, Pricing and Availability

  • 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Hetet School Of Māori Art Limited correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
  • 12.2 Where appropriate, you may be required to select the required Plan of Services.
  • 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
  • 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
  • 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

13. Orders and Provision of Services

  • 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Hetet School Of Māori Art Limited and you.
  • 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
  • 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
  • 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
  • 13.2.3 Relevant times and dates for the provision of the Services;
  • 13.2.4 User credentials and relevant information for accessing those services.
  • 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
  • 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
  • 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
  • 13.6 Hetet School Of Māori Art Limited shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
  • 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
  • Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
  • 13.8 Hetet School Of Māori Art Limited provides technical support via our online support forum and/or phone. Hetet School Of Māori Art Limited makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

14. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from Hetet School Of Māori Art Limited. If you need to speak to us about your Order, then please contact customer care on (64) 021 08760698 or (64) 3 421 0108, or by email at [email protected] or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
  • 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Hetet School Of Māori Art Limited and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: [email protected]. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
  • 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
  • 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
  • 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
  • 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

15. Privacy

Use of the Website is also governed by Our Privacy Policy (hetetschoolofmaoriart.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

16. How We Use Your Personal Information (Data Protection)

  • 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
  • 16.2 We may use your personal information to:
  • 16.2.1 Provide Our Services to you;
  • 16.2.2 Process your payment for the Services; and
  • 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
  • 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
  • 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

17. Disclaimers

  • 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
  • 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  • 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
  • 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

18. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19. Availability of the Website

  • 19.1 The Website is provided “as is” and on an “as available” basis. Hetet School Of Māori Art Limited uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  • 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20. Limitation of Liability

  • 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
  • 20.2 Nothing in these Terms and Conditions excludes or restricts .
  • 20.3 Nothing in these Terms and Conditions excludes or restricts Hetet School Of Māori Art Limited's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
  • 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Hetet School Of Māori Art Limited.

24. Communications

  • 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  • 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

25. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Hetet School Of Māori Art Limited shall be governed by and construed in accordance with the Law of England and Wales and Hetet School Of Māori Art Limited and you agree to submit to the exclusive jurisdiction of Aotearoa New Zealand.

Updated: 1 February 2024

TERMS OF USE RELATING TO THE PLATFORM 
This agreement applies as between you, the User of this Website and Hetet School Of Māori Art Limited, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, wording graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Hetet School Of Māori Art Limited makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Hetet School Of Māori Art Limited proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at 60A Guthrie Street in Lower Hutt and 132 Rothesay Road in Christchurch, Aotearoa New Zealand;
"System": means any online communications infrastructure that Hetet School Of Māori Art Limited makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Hetet School Of Māori Art Limited and acting in the course of their employment;
"Website": means the website that you are currently using (hetetschoolofmaoriart.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Hetet School Of Māori Art Limited, a company incorporated in Aotearoa New Zealand with Company registration Number 5585728. Our registered business address is located at Active Chartered Accountants, 8 Raroa Road, Hutt Central, Lower Hutt, 5010 , New Zealand. 

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

  • 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, wording, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Hetet School Of Māori Art Limited, or our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable New Zealand and International intellectual property and other laws. 
  • 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

    "The sharing or teaching of such material in part or whole (either paid or free) without our express written consent will constitute a breach of our terms that will result in immediate suspension of your account and subsequent termination of your membership and possible legal action.

5. Third Party Intellectual Property

  • 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
  • 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply. 

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Hetet School Of Māori Art Limited or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site hetetschoolofmaoriart.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at [email protected] or call us in the following number: your_number.

9. Use of Communications Facilities

  • 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
  • 9.1.1 You must not use obscene or vulgar language;
  • 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  • 9.1.3 You must not submit Content that is intended to promote or incite violence;
  • 9.1.4 It is advised that submissions are made using the English language or Te Reo Māori as we may be unable to respond to enquiries submitted in any other languages;
  • 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
  • 9.1.6 You must not impersonate other people, particularly employees and representatives of Hetet School Of Māori Art Limited or Our affiliates; and
  • 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
  • 9.2 You acknowledge that Hetet School Of Māori Art Limited reserves the right to monitor any and all communications made to Us or using Our System.
  • 9.3 You acknowledge that Hetet School Of Māori Art Limited may retain copies of any and all communications made to Us or using Our System.
  • 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

10. Accounts

  • 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
  • 10.1.1 all information you submit is accurate and truthful;
  • 10.1.2 you have permission to submit Payment Information where permission may be required; and
  • 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
  • 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  • 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
  • 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation of Accounts

  • 11.1 Either Hetet School Of Māori Art Limited or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
  • 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

12. Services, Pricing and Availability

  • 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Hetet School Of Māori Art Limited correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
  • 12.2 Where appropriate, you may be required to select the required Plan of Services.
  • 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
  • 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
  • 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

13. Orders and Provision of Services

  • 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Hetet School Of Māori Art Limited and you.
  • 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
  • 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
  • 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
  • 13.2.3 Relevant times and dates for the provision of the Services;
  • 13.2.4 User credentials and relevant information for accessing those services.
  • 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
  • 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
  • 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
  • 13.6 Hetet School Of Māori Art Limited shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
  • 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
  • Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
  • 13.8 Hetet School Of Māori Art Limited provides technical support via our online support forum and/or phone. Hetet School Of Māori Art Limited makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

14. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from Hetet School Of Māori Art Limited. If you need to speak to us about your Order, then please contact customer care on (64) 021 08760698 or (64) 3 421 0108, or by email at [email protected] or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
  • 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Hetet School Of Māori Art Limited and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: [email protected]. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
  • 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
  • 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
  • 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
  • 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

15. Privacy

Use of the Website is also governed by Our Privacy Policy (hetetschoolofmaoriart.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

16. How We Use Your Personal Information (Data Protection)

  • 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
  • 16.2 We may use your personal information to:
  • 16.2.1 Provide Our Services to you;
  • 16.2.2 Process your payment for the Services; and
  • 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
  • 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
  • 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

17. Disclaimers

  • 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
  • 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  • 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
  • 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

18. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19. Availability of the Website

  • 19.1 The Website is provided “as is” and on an “as available” basis. Hetet School Of Māori Art Limited uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  • 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20. Limitation of Liability

  • 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
  • 20.2 Nothing in these Terms and Conditions excludes or restricts .
  • 20.3 Nothing in these Terms and Conditions excludes or restricts Hetet School Of Māori Art Limited's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
  • 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Hetet School Of Māori Art Limited.

24. Communications

  • 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  • 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

25. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Hetet School Of Māori Art Limited shall be governed by and construed in accordance with the Law of England and Wales and Hetet School Of Māori Art Limited and you agree to submit to the exclusive jurisdiction of Aotearoa New Zealand.

Updated: 1 February 2024