Terms and Conditions

By viewing and using the Epic Sharing website (the “website”) you are considered to agree to these terms and conditions without qualification. If you do not agree to be bound by these terms and conditions, you must stop accessing and using our website. We reserve the right to change these terms and conditions at any time by notifying users of the existence of the amended terms and conditions through our website. By continuing to access our website, you agree to be bound by the amended terms and conditions.

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For the purposes of these Terms and Conditions, digital products means any goods that are sold, delivered and transferred in digital form.

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1. Privacy policy and personal information

Registration and use of the services on our website requires you to provide personal information. We maintain a privacy policy. You consent to the release of your personal information to us and third parties in connection with the uses contemplated by the privacy policy. If you have questions or comments about our privacy policy, please contact us at: [email protected].

2. Registration and accounts

By registering on our website, you consent to receiving marketing, promotional and other material by way of electronic messages from us. You will ensure that all usernames and passwords required to access our website are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security. You must not transfer your account to another user or maintain more than one account with us without our consent. 

We may, at our sole discretion, suspend or terminate your account and limit your access to our website.

In order to utilise our website and digital products:

• You must enter information required to open an account by following the registration process set out on the website; and
• You must satisfy our other registration criteria including undergoing verification checks to confirm your identity.

3. Users outside New Zealand

Our website is operated by Epic Learning Limited from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

4. Intellectual Property

All intellectual property rights in the digital products, and all components of them are owned or licensed by us or any of our related entities. No part of the digital products may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent.

We own copyright in the contents of our website. No part of our website may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may not frame any part of our website material by including advertising or other revenue generating material. Further, you may not remove or alter any trade marks or logos that appear on any material on our website.

Unauthorised distribution or copy of the digital products or the website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.

5. Linking

The contents of our website may include links to third party materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to our website and you agree to remove or cease any link on our request.

6. Advertising

Any dealings with any advertiser appearing on our website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any dealings or promotions.

7. Communication tools

If you use any communication tools available through our website (such as any forum, chat room or message centre), you agree only to use those communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of our website, including (without limitation) the offer of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of our website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on our website, you represent that you own the content of the communication. 

We are under no obligation to ensure that the communications on our website are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at: [email protected]

8. Payment and delivery

The purchase prices payable for digital products are clearly set out on the website. All prices are inclusive of GST and are payable before digital delivery of, or access to, the digital products. We reserve the right to change prices, but our latest price is always displayed on the website.

Payment is required by credit card, debit card or interest banking only.

Upon payment of the purchase price in full, we will supply to you all necessary material and ability to access your purchased digital product(s).

Please choose your digital products carefully, as refunds will not be given unless agreed by us following a written request received at: [email protected].

9. Exclusion of liability

To the fullest extent permitted by law, we exclude all liability for any loss or damage that results from your use of our website and any services we provide, including from all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of anticipated savings or loss of opportunity).  

If you are a consumer using our website for non-business activities then nothing in these terms and conditions is intended to abrogate any rights you might have under the Consumer Guarantees Act 1993 (if any). 

10. Indemnity

You will take all necessary action to defend and indemnify us and our directors, employees and agents against all costs, expenses and damages incurred in connection with any claim brought by a third party against us that arise from a breach by you of any of these terms and conditions.

11. Information and material

The content on this site is provided for general information only. You should obtain profession or specialist advice before taking or refraining from any action on the basis of any information on this site.

12. Entire agreement

These terms and conditions in conjunction with our privacy policy form the entire agreement between us and you relating to our website and your use of the services.

13. General provisions

If at any time we do not enforce any of these terms or conditions, or grant you time or any other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that, or any other, term or condition. 

Further, if any part or provision of these terms and conditions is considered to be invalid, unenforceable or in conflict with the law, that part or provision is deemed to be modified by a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remaining terms and conditions will continue to be binding on the parties. 

These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the [non-]exclusive jurisdiction of the Courts of New Zealand.

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Privacy Policy

The use of the Epic Sharing website is subject to our website terms and conditions. If there is any conflict between this Privacy Policy and the website terms and conditions, the website terms and conditions will prevail. In addition, if you are located in the European Union then the Privacy Statement attached as Schedule 1 will also apply.

1. Collection of information

(a) Information collected through our website may include personal information about you (including identifiers, as set out in section 2 below). For example, personal information may be:

(i) Provided by you through registration on our website;

(ii) Provided to us by you through any other method (such as by email and through discussions);

(iii) Collected by us through click tracking in relation to your use of our website, including the tracking of the content you access and any of our services you utilise or products you may purchase; and

(iv) Collected by us through log files or cookies (as set out in sections 3 and 4).

(b) Failure to provide necessary personal information when requested may result in certain services not being available to you.

(c) We may also collect aggregated information generated by our systems, which tracks traffic to our website but does not relate to you personally (see section 6 below).

2. Identifiers

Information about your computer and about your visits to and use of the website (such as your IP address, location, browser type and user name) will be recorded when you log in to our website. We may use this information to identify you. We will treat this information as personal information.

We do not intend to collect personal data from children aged under 13. If you have reason to believe that a child under the age of 13 has provided personal data to us through our website and/or by using our services, contact us through the ‘Contact details’ section below.

3. Log files

We use log files in order to enhance your experience on our website and to analyse trends. Log files gather information, such as which URL you just came from, which URL you visit next, what browser you are using and your IP address. We use this information to analyse trends and to administer and operate our website.

Users who log into our website also have their IP address recorded. An IP address can be used to identify a user, and we will treat this information as personal information.

4. Cookies

Our website uses temporary cookies to keep a session open after a user logs in. We may use the information we obtain from the cookies in the administration of our website and to improve the usability of our website. These cookies help us recognize previous visitors and also identify the route history of users. We cannot identify any personal information stored in these cookies, nor can we gain access to any information stored on your hard drive. In addition, we cannot access information from cookies sent from other websites. Information collected will only be used as described above, and also to improve our website. Some browsers allow you to refuse to accept cookies but this may have a negative impact on the usability of our website.

5. Record of Learning

We will maintain a record of learning for activities and courses you have completed and been involved with on our website. Records will include, but are not limited to, completed courses, courses in progress, hours spent on the site and various other statistical measures. We may use the information we obtain to improve the services of our website, however primarily the information is collected for your benefit.

6. Postings

The information that you post on our website can be viewed by other users of our website. If you use the discussion forum on our website, be aware that any personally identifiable information you submit on the discussion forum can be viewed and used by other users of our website. We take no responsibility for any information submitted to the discussion forum. Further requirements in relation to postings are set out under the heading “communication tools” in our website terms and conditions.

7. Other information

We will have access to and may use other information, such as number of users, traffic patterns and demand for the service, to monitor server and software performance as well as for our other internal purposes. We may also collect information about all system interaction with users while they are logged in. This information is owned by us and may be used to verify actions taken by a user or to better understand the behavior of users in order to improve our website.

8. Use of information

We (and our employees, officers, agents, contractors and affiliates as defined below) may use the personal information you provide to:

(a) To verify your identity for use of our website, to conduct address verification or credit checks for invoicing and billing purposes and to enrich your profile and search ability;

(b) To assist in providing better services to you by tailoring the services to meet your needs;

(c) To provide you with further information about us or other websites or products or services offered by us or our related companies or which we consider may be of interest to you;

(d) To carry out marketing, promotional and publicity activities (including direct marketing), market research and surveys;

(e) To keep our website relevant and of interest to users;

(f) To show you advertising and information that is most relevant to you and your interests;

(g) To assist in arrangements with other organisations in relation to a product or service we make available to you;

(h) To allow us to run our business and perform administrative and operational tasks (such as training staff, risk management; developing and marketing products and services, undertaking planning, research and statistical analysis; and systems development and testing, keeping our records up to date, being efficient about how we fulfil our legal and contractual duties);

(i) To comply with legal and regulatory requirements;

(j) To detect any fraud or crime, or money laundering and counter financing of terrorism in connection with any laws, rules or regulations in New Zealand or overseas for analysis in aggregate form (with identifiable characteristics removed so that you will remain anonymous); and

(k) For any other purpose which is stated to you at the time of collection or that you otherwise authorise.

9. Information sharing and disclosure

(a) We will not disclose personal information we collect from you through our website other than as set out in this privacy policy or as otherwise agreed with you;

(b) We may disclose information about you, including your personal information, to our affiliates or related companies (which means any person or other entity which directly or indirectly controls, is controlled by or is under common control with us) for the purposes set out in the above paragraph;

(c) We may disclose information about you, including your personal information, to our contractors and suppliers to enable them to provide services and products to us in relation to our website, including transaction processing services, hosting services and support services.

(d) Information collected through our website that does not identify users (cleansed data) is owned by us and may be disclosed by us. We may share aggregated demographic information about our user base with our affiliates, partners and advertisers.

(e) At your request, we will share your personal data with your representative or any person acting on your behalf (for example, financial advisers, lawyers, attorneys, accountants, executors, administrators, trustees or auditors).

(f) We operate our business in New Zealand. We may need to share some of the personal information we collect about you with organisations both inside and outside of New Zealand. Sometimes we may need to ask you before this happens. We may also disclose your personal data if we determine in good faith that disclosure is reasonably necessary to protect our rights and pursue available remedies, enforce our terms and conditions, investigate fraud, or protect our operations or users.

10. Advertising and third-party links

Our website may contain links to a variety of advertising and third-party website sources. Some of these links may request or record information from users or use cookies or other methods to collect information from you. We have no control over the content or privacy policy practices of those sites and encourage our users to review the privacy policies of those sites before engaging in any activity with them.

11. Security of your personal information

We will take reasonable technical and organisational precautions to prevent the loss, misuse or unauthorised alteration of your personal information. However, due to the nature of email and the internet, we cannot guarantee the privacy or confidentiality of your personal information. We may store your information in cloud or other types of networked or electronic storage.

Sensitive information, such as data entered during the registration process, is encrypted using SSL technology.

Credit card payments are encrypted and processed using an external credit card payment processor and details are not stored by us.

12. Your Rights

Without limitation, you have the following rights:

(a) The right to be provided full information about your personal data that we hold.

(b) The right to require that we correct any incorrect information we hold about you.

(c) The right to ask that we delete or destroy your personal data. Please note that certain conditions may apply to the exercise of this right.

(d) The right to ask that we restrict the use of your personal data. Please note that certain conditions may apply to the exercise of this right.

(e) The right to object to the use of your personal data by us. Please note that certain conditions may apply to the exercise of this right.

(f) The right to receive your personal data in a structured and commonly used format. Please note that certain conditions may apply to the exercise of this right.

To exercise your rights, or if you require further information about how your personal data is used by us, you can contact us at: [email protected]

You can also contact us if you have any questions or complaints about, or if you wish to restrict or object to how we collect, use, disclose, manage or store your personal information. We will respond to your request, where required by law, within one (1) calendar month from the date your request is received. We will inform you if this timeframe is not achievable and extend this timeframe as permitted by applicable law. We may charge a fee to cover the costs of meeting your request if your request is unfounded or excessive.

If we do not agree to provide you with access to, or to amend or erase, your personal information as requested or otherwise meet your requests, we will notify you accordingly. Where appropriate, we will provide you with the reason(s) for our decision and the mechanisms available to complain about the refusal. If the rejection relates to a request to change your personal information you may make a statement about the requested change and we will attach this to your record.

In some circumstances, and subject always to legal obligations to the contrary, we may not be in a position to grant access to your personal information or otherwise meet your requests with respect to your personal information.

We are required to keep your information for so long as is required for our business operations or by applicable laws.

13. Opting in and opting out

If our intended collection, use or disclosure of your personal information is outside the collection, use or disclosure set out in this privacy policy we will give you the option to opt out and not receive certain services or participate in certain interactive areas, or opt in.

You can also withdraw your consent where provided or object to the further data processing of your personal data under certain circumstances. If we refuse any request you make in relation to this right, we will write to you to explain why and how you can make a complaint about our decision. The withdrawal of your consent will not affect processing of your information that you had consented to.

14. Business transitions

If in the ownership of all or a portion of Epic Learning Limited or our website changes, your user information may be transferred to the new owner so that the website can continue operations. In this event, your information will remain subject to this privacy policy.

15. Users outside New Zealand

The information we collect may be processed in and transferred between your location and New Zealand. New Zealand may not have equivalent data protection laws to those in force in your location.

16. Changes in privacy policy

We may occasionally make changes to our privacy policy or alter website functionality. We encourage you to review the policy regularly for the latest information on our privacy practices.

17. Contact details

If you have any questions about our privacy policy, or any other matter (including a complaint), please feel free to contact us. You can contact us at: [email protected].

18. European Union General Data Protection Regulation (GDPR)

The GDPR establishes a uniform data protection law across the European Economic Area (EEA) and aims to protect the privacy and use of EEA residents’ personal data in an increasingly digital world. Please see our GDPR Privacy Statement attached as Schedule 1 which sets out how we comply with these obligations to protect the data of customers who reside in an EEA country.

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