PRIVACY POLICY AND TERMS OF SERVICE 

Privacy Policy

Under 5 Small Business Limited is committed to taking all reasonable steps to guard your privacy and protect your Personal Information. We actively maintain the security of our servers where your Personal Information is stored. This notice explains our privacy policy and practices and applies to all Personal Information collected by us from you or submitted to us by you, including by way of our websites, software, web widgets, feeds, applications for third party websites and services, our mobile services all being owned, controlled or offered by us. 

This Privacy Policy is incorporated into and subject to our Terms of Service with you. Your use of our service and products remains subject to our Terms of Service. 

1. What is Personal Information?

Personal Information is information about a living human being which can identify that person or be capable of identifying that person.

2. Personal Information we collect and how we use it

We may collect Personal Information from you in a number of ways. For example, we collect Personal Information from you when you: 

  1. Register and set up an account;
  2. Participate in a course or services offered by us;
  3. Interact in our forums or networking sites; or
  4. Contact us by email for any reason.

Some Personal Information may also be automatically collected, such as your computer’s or mobile device’s internet protocol address, your computer’s or mobile device’s operating system, the browser type, the address or your referring website, and the time and date of your visit and interactions with us or our service.

If you make any purchases from us or through our service, billing and credit card information may be required. All such credit card transactions are fully encrypted and your billing and credit card information is collected and stored by us or a trusted third party. Any third party credit card vendor will be prohibited from using this information for any purpose other than storing the credit card details.

Some of the information we collect may be collected automatically by use of a “cookie”. Cookies are small text files that reside on your computer and identify you as a unique user. Cookies enable us to monitor your progress throughout our services and track your status when ordering products from us. You can choose to set your browser to reject cookies or you can manually delete individual or all of the cookies on your computer by following your browser’s help file directions. However, this may result in you having trouble accessing and using some of our pages and features from our service. 

3. Using and sharing of your information 

We use the Personal Information that we collect to complete a contact or request, to provide our service, to better understand your needs, to further our marketing, to improve our products and services, and to contact you. 

The Personal Information held by us may be necessary to enable us to deliver our service to you. If we are not provided with Personal Information, we may be unable to deliver, or unable to deliver in full, our service to you. 

We are committed to protecting your Personal Information and will not disclose it to any third party except as explained in this Privacy Policy. We may share Private Information with subcontractors that provide services to us. These services may include assistance to provide our services, helping to research and analyse the people who request services or information from us, helping to provide marketing or solicitation materials for our products or services, and/or helping to process payment card information. You may choose to submit Personal Information as part of a course or online community offered by us. Any information you chose to post, including personally identifiable information, may be available generally to the public, or to other members of the course or online community. 

We may disclose Personal Information in good faith on the belief that we are lawfully authorised to do so, or that doing so is reasonably necessary to comply with legal processes or authorities, respond to any claims, or to protect the rights, property or personal safety of us, our users, our employees or the public. Information about our users, including Personal Information, may be disclosed or transferred as part of, or during, negotiations of any merger, or sale of company assets or acquisition. 

You hereby authorise us to disclose details about you to law enforcement authorities in the event we become aware or reasonably believe you are involved in activities which are illegal whether in New Zealand or in any other relevant jurisdiction. 

4. Security 

We have taken steps, by such security safeguards as it is reasonable in the circumstances to take, to ensure that Personal Information we hold under our control is protected against: 

  1. Loss;
  2. Access, use, modification, or disclosure, except with our authority; and
  3. Other misuse

And, that if it is necessary for the Personal Information to be given to a person in connection with the provision of a service to us, everything reasonably within our power is done to prevent unauthorised use or unauthorised disclosure of the Personal Information. 

Your account information is accessible online only through the use of a password. To protect the confidentiality of Personal Information, you must keep your password confidential and do not disclose it to any other person. You are responsible for all uses of our service by any person using your password. Please notify us immediately if you believe your password has been misused. 

5. Your control of your Personal Information

We give you the opportunity to opt-out of receiving communications from us and to view, correct or remove your Personal Information.
If you want to view, correct or remove your Personal Information, some Personal Information may be accessed and changed or removed by you online or alternatively by you contacting us at [email protected] . If you have received unwanted, unsolicited email sent by us or purportedly sent by us, please forward a copy of that email with your comments to i[email protected] so that we can take prompt action.

6. Privacy Policy changes

We reserve the right to change this Privacy Policy at any time. We may use Personal Information for new, unanticipated uses not previously disclosed in this Privacy Policy. If our privacy practices change and our Privacy Policy is changed accordingly, we will notify you of such change including the date our Privacy Policy was last updated. You will have the ability to opt-out of our services. We recommend that you periodically review our website for any updates to this Privacy Policy. You may contact us as [email protected] if you are concerned about how your Personal Information is used.

Terms of our service

7. Acceptance of our terms 

This Terms of Service is a legally binding agreement made by Under5 Small Business Limited (5499226 New Zealand) (“Under5 Small Business”, ”we”, “us”, “our”) and you, personally and, if applicable, on behalf of the entity for whom you are using this website and engaging in our service (“you”, “your”). This Terms of Service governs the terms of your access and use of our service and our products including but not limited to this website or any other website owned, operated, licensed or controlled by us and any associated software, website, web widgets, feeds and applications for third party websites and services, and any other mobile or web services or applications owned, controlled, or offered by us (collectively being the “Service”). 

By accessing or using any part of the Service, including linking to the website, you agree that you have read, understand and agree to be bound by this Terms of Service. If there are additional posted guidelines or policies applicable to the Service or our website (including the Privacy Policy), you are required to follow those as well. Those policies and guidelines are incorporated by reference into this Terms of Service. If you do not agree to be bound by the Terms of Service and to follow all applicable laws, guidelines and policies, do not access or use the Services and leave this website immediately. 

We reserve the right to make changes to this Terms of Service at any time. Your continued use of the Service constitutes your approval and acceptance to any new or modified provision of this Terms of Service that may be posted on our website. We will post the amended Terms of Service on this page and include the date this Terms of Service was last revised. 

8. Eligibility 

You must be at least 18 years old to download and use the Service. If you do not qualify, you may not visit our website or use the Service. 

9. Use of the Service generally 

You must comply with all of the terms and conditions of this Terms of Service, any policies referred within or on our website, and all applicable laws, regulations and rules when you use our website and the Services. Subject to the terms and conditions of this Terms of Service, you are hereby granted a limited, revocable, non-exclusive right to use the Services and the content and materials on our website in the normal course of your use of the website. 

10. Restrictions you accept regarding your use of the Service 

  1. You agree to and accept the following restrictions (except as expressly authorised in this Terms of Service): 
  2. You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use the Service except as expressly provided in this Terms of Service.
  3. You may not distribute, sell, resell, sublicense, rent, lease, share, or lend the Service.
  4. You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source of code of the Service or create derivative works based on the Service.
  5. You agree that you shall only use the Service in a manner that complies with all applicable laws in the jurisdiction in which you use the Service, including but not limited to applicable restrictions concerning privacy, copyright and other intellectual property rights.
  6. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the Service or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the Service. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with the Service or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the Service.
  7. You agree not to transmit SPAM, participate in inflammatory or derogatory communication, impersonate another person or organisation, publish or spread objectionable or obscene material, or participate in any other kind of objectionable online behaviour while using the Service.

11. Privacy and your private data 

We may store and utilise data about your interaction with the Service, including without limitation, data related to the content accessed while using the Service. Such information will be used only for the purposes of operating, providing and improving the Service and marketing the Service, but only to the extent such information is not in breach of our Privacy Policy, which is hereby incorporated by reference into this Terms of Service. 

12. Consent to receiving electronic communications 

By downloading and/or using the Service, you consent to receiving electronic communications and notices from us. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including formal service of notices and delivery of any communications required to be in writing. 

13. Intellectual property: 

You agree with and accept our rights to intellectual property as follows: 

  1. Copyright: All materials on the website and available through the Services, including without limitation, the logos, design, text, graphics, audio clips, video clips, other files, and the selection, arrangement and organisation thereof are owned by us or our licensors.
  2. Trademarks: All or any of our registered trademarks shall not be used by you without our express written permission.
  3. Your ideas: Your ideas made available to us and your disclosure to us is gratuitous. We are authorised by you to disclose your ideas and use your ideas disclosed to us without any acknowledgement or compensation to you. 
  4. Linking and framing: You may not frame, inline link, or similarly display any of our content or property, including but not limited to our website or any part of the Service. 

14. Notice to take down 

We may remove content that in our sole discretion appears to infringe the intellectual property rights of others. In addition, we will, in our sole discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe any materials accessible on or from the Service infringes your intellectual property rights, we ask that you contact us at i[email protected] and provide to us the following information: 

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and email address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorised by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate,
    and indicating that “under penalty of perjury,” you are the copyright
    owner or are authorised to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or
    authorized representative.

We maintain a policy that in appropriate circumstances we will terminate accounts of any person or people whom, at our discretion, are repeat offenders of intellectual property rights infringements. 

15. Advertising and/or third party offers 

In connection with your use of the Service, the Service may contain links to third party web sites, advertisements, or programs that are not controlled by or affiliated with us. We are not responsible for the content, offers or privacy policies of such third party advertising, sites and programs. Your dealings with third party sites are solely between you and the applicable third party. You hereby expressly release us from any and all liability arising from your use of any such third-party website or services or third party owned content. We recommend that when you leave our website and/or the Service, you should read the terms and conditions and privacy policy of any third-party website or service that you visit. 

16. Representations and warranties by you 

You represent and warrant to us that: 

  1. You have the full power and authority to enter into and perform your obligations under this Terms of Service.
  2. Your agreement to and performance of your obligations under this Terms of Service does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules.
  3. This Terms of Service constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions.
  4. You will not infringe the intellectual property rights, including but not limited to any patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in your use of the website or the Service.
  5. You will comply with all applicable laws, rules and regulations in your use of the Service and the website, including this Terms of Service.

17. Indemnity 

You agree to indemnify, hold harmless and release us, our officers, directors, shareholders, affiliates, and our and their licensors, suppliers and partners, from any claims, losses, damages, liabilities, including legal fees, arising out of your: 

  1. Use or misuse of the Service.
  2. Breach of any of the terms and conditions of this Terms of Service.
  3. Violation of any applicable law or the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. 

18. Our disclaimer of warranties 

We do not guarantee, undertake, assert or represent that: 

  1. The Service will be fit for any purpose or use other than as an educational tool.
  2. Our website or the Service or their use will: 
    a)  Be uninterrupted or secure;
    b)  Be free from defects, inaccuracies or errors;
    c)  Meet your requirements;
    d)  Operate in the configuration or with other hardware or software you use; or
    e)  That errors will be corrected.

We make no warranties other than those made expressly in this Terms of Service. As such, we hereby disclaim any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement. Any content downloaded or otherwise obtained through the use of the Service or our website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download. 

19. Fees 

We reserve the right to change our fees, including subscription fees, at any time, without notice. 

We reserve the right to charge our fees, including subscription fees, in the currency or currencies of our choice. You are responsible for any currency conversion charges or additional bank fees that you may incur for currency conversion. 

20. Exclusion of damages as permitted by law 

To the maximum extent permitted by applicable law, in no event shall we, our affiliates, associates, dealers, agents or suppliers be liable for any , indirect, exemplary, punitive, special, incidental or consequential damages whatsoever (including but not limited to damages arising from breach of contract, warranty, tort or strict liability for loss of profits, loss of data, loss of goodwill, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use of or inability to use the website or the Service, regardless of the cause of action on which they are based, even if we or such aforementioned other affiliated entities have been advised of the possibility of such damages. 

21. Limitation of our liability 

You hereby acknowledge and accept that in no event will our liability to you exceed $100 (United States dollars). 

22. Technical support 

You hereby acknowledge and accept that in no event are we obliged to furnish you with technical support. 

23. International access 

The website and the Services are controlled and operated from facilities in New Zealand. We make no claims that our website and the Services may be lawfully accessed, used or downloaded outside of New Zealand or that the content or material of the Services complies with laws outside of the laws of New Zealand. Any such use, content or material of the website and the Services may not be lawful by certain persons or in certain territories. If you access any of these from outside of New Zealand, you do so at your own risk and you undertake to us that you are responsible for compliance, and you will at all times maintain compliant, with the laws of whatever jurisdiction you are in at the time. 

24. Refund Policy

All payments made to us are final and non-refundable. A refund will only be given in situations where we are required to provide one under New Zealand law or at our sole discretion.

25. Force majeure

We will not be liable to you for failing to perform under this Terms of Service if by the occurrence of any event beyond our reasonable control, including, without limitation, a labour disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to us to perform, fire, terrorism, natural disaster or war.

26. Notices

All notices given by you to us must be given to us at [email protected]. We may give notice to you at the email address you provide to us when you register, or in any of the ways specified in law. Notice will be deemed received and properly served immediately when our email to you is sent, and in your case, your email to us is received and acknowledged by us by return email to you. In proving the service of any notice from us to you, it will be sufficient for us to prove that such email was sent to your email address.

27. Governing law and jurisdiction

This Terms of Service, and the rights of the Parties, are governed by and construed in accordance with the laws of New Zealand.
Each of the Parties irrevocably agrees that the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any suit, action, or proceedings, and to settle any disputes which may arise out of or in connection with this Terms of Service, and, for such purposes, irrevocably submits to the jurisdiction of such courts.
Any action against us (including but not limited to arbitration proceedings) may only be effected in Hamilton, New Zealand.

28. Dispute resolution procedure

Any dispute or claim that you have with the Service must be brought to our attention so that we can promptly discuss it with you. 

In the event a dispute or claim is not resolved by consultation between the parties, the dispute or claim will be referred to arbitration in New Zealand. 

The arbitration will be led by one arbitrator to be agreed on by the parties. If they fail to agree on an arbitrator within twenty-one days, one will be appointed by the President of the Arbitrators’ and Mediators’ Institute of New Zealand Inc. 

The Arbitrator’s award will be final and binding. 

29. Changes to our website and/or the Services 

You acknowledge and accept that we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the website or the Services, temporarily or permanently, at any time without notice to you. 

30. Termination 

Your rights under this Terms of Service will automatically terminate without notice from us if you fail to comply with any term of this Terms of Service. In the event of such termination, you must cease all use of the website and the Services and we may immediately terminate, restrict or prohibit your access to the Service. 

31. Effect of termination 

If your account is terminated, we may, in our sole discretion, delete any websites, files, graphics or other content or materials relating to your use of the website or the Services on servers owned by or operated for us or otherwise in our possession, and we will have no liability to you or any third party for doing so. Following termination, you will not be permitted to use the website or the Services. If your account or your access to the website or the Services is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to the website or the Services, including, but not limited to, technological barriers, IP mapping and direct contact with your Internet Service Provider (ISP). If your account is terminated, you must immediately pay us any fees that you owe. Regardless of whether you have the right to access or use our website or the Services, this Terms of Service will survive indefinitely unless and until we choose to terminate it. 

32. Waiver 

Any provision of this Terms of Service may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Terms of Service shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Terms of Service shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Terms of Service. 

33. Severability

If any provision of this Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

34. Assignment

We may assign our interest in this Terms of Service. We may also assign or delegate certain rights and responsibilities of ours under this Terms of Service to independent contractors or other third parties. You may not assign or transfer your interest in this Terms of Service.

35. Headings for reference only

The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.

36. Entire agreement

This is the entire agreement between us relating to the subject matter of the Terms of Service and shall not be modified except by a change to this Terms of Service made by us as set forth above.

37. Our contact details

Our contact details are:
Under5 Small Business Limited
14 Achilles Rise, Hamilton 3210, New Zealand [email protected]

38. Date of Terms of Service and Privacy Policy

The date these Terms of Service and Privacy Policy were last revised is 12 March 2015.

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