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.
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.
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.
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).
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
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.