myBCITO Terms of Use

The myBCITO platform is operated by The Building and Construction Industry Training Organisation Incorporated (that’s us, also referred to below as “BCITO”).

About myBCITO

myBCITO is a digital platform through which users can access BCITO services and materials, and actively engage with each other in an online environment. The ultimate purpose of myBCITO is to assist career seekers to access construction trade apprenticeships.

You agree to these terms of use

By accessing and using our platform, you agree to these terms of use, and also the privacy policy.  Please read these terms carefully, as they form a binding contract between you and BCITO.

We may change these terms of use from time to time.  We will publish those changes on our website.  By continuing to use the platform, you’ll be taken to have accepted the latest version of these terms of use, and it’s up to you to check for changes.  If you’re not happy with changes to these terms of use, you can close your account at any time.

Signing up and eligibility

To use myBCITO, you must complete the sign-up process in the platform.  If you are signing up in the name of an organisation, the individual completing the sign-up process personally undertakes that they have the authority to accept these terms on behalf of the organisation.

You promise that all information you provide will be true, accurate and correct and you agree to update us promptly if any of that information becomes outdated or is otherwise inaccurate or misleading.  

To be eligible to sign up as a student (termed Rookie on the Platform), you must be enrolled in a New Zealand intermediate or secondary school.  If you not enrolled in a New Zealand school, you must not sign-up as a Rookie and instead sign-up as a Starter.  If you have signed up as a Rookie and wish to continue using myBCITO after you have finished your schooling, you must convert to a Starter by following the process set out on the myBCITO platform.  As part of converting from a Rookie to a Starter, you must tell us that you are no longer enrolled in school, and, if requested by us, provide us with a non-school email address.  

To sign up as a Starter you must have graduated from (or otherwise not be enrolled in) secondary school, and be at least 16 years old.

To be eligible to sign up as a teacher, you must be employed as a teacher and either possess a valid practising certificate or a valid Limited Authority to Teach.  BCITO may, in its discretion, permit other unregistered persons to sign-up as teachers.  Such persons may include career advisors, Gateway programme co-ordinators, and unregistered teachers employed by the sponsor of a partnership school.

Keep your password a secret.  You are responsible for protecting your passwords and other login information.  You are responsible for any use of your account using your login credentials.  You must notify us immediately on becoming aware of any actual or suspected unauthorised use of your account.

Parental consent may be required

If you are under the age of 18, you confirm that your parent or legal guardian has agreed to your use of the myBCITO platform, and has reviewed and agreed to these terms of use.  

Your acknowledgements

You acknowledge that we do not:

  • carry out background or criminal checks or any other form of vetting of any of our users 
  • guarantee that you (if you are a Starter) will be accepted by an employer as an apprentice
  • vouch for the accuracy or completeness of any information uploaded by our users to the myBCITO platform, including profile information, or
  • take any responsibility for the conduct of any of our users.

We can limit, suspend, or close your account

We can limit, suspend or close your account at any time, with or without a reason, by giving reasonable notice to the contact email address listed in your account.  

We can suspend or close your account at any time if we reasonably consider that you have abandoned your account, in which case we will immediately notify you when such suspension or closure has occurred.

We can limit, suspend or close your account any time with or without giving you notice, if you breach these terms and we reasonably consider that the breach (alone or together with any past breaches) exposes us to a cost or risk of some kind, or may have a negative impact on us or our services.

Closure of your account will end the contract between you and us based on these terms.  However, all the remaining provisions of these terms set out below will survive and continue indefinitely.

User content 

Users of the myBCITO platform may upload information or material (referred to in these terms of use as “User Content”).  For example, students may upload pictures of their school work or use the platform to build a CV, and teachers may post feedback on that work.

Where you upload any information or material to the myBCITO platform, you give us and our contractors and agents permission to store, copy, modify and distribute that User Content as required to operate the myBCITO platform. 

We respect other people’s rights, and expect you to do the same.  Where User Content is uploaded to your account, you promise that: 

  • the User Content does not infringe any third party intellectual property rights;
  • we do not need to obtain any further licence, right or permission from a third party to deal with the User Content as permitted above; 
  • the User Content complies with any applicable laws;
  • the User Content does not contain offensive, defamatory, retaliatory or inappropriate language or content;
  • where the User Content that relates or belongs to another person (for example, somebody else’s phone number), you have obtained all necessary consents and authorisations from that person to use and upload that User Content.

Where another account holder uploads User Content that includes personal information about you, you acknowledge that although the information is stored in our systems, it is held by and under the control of the account holder.  If you wish to exercise your rights to access that personal information under the Privacy Act 1993, please contact the account holder. 

We may choose to delete or block User Content at any time, with or without giving any reason, where we consider it necessary to comply with law, or to protect ourselves or others from harm or loss.  We may also disclose User Content to others where we reasonably consider it necessary to comply with law.

By uploading User Content, you agree to take full legal responsibility and liability for, and assume all risks associated with your User Content, including for offensive or defamatory statements.  

Teacher forum

The myBCITO platform hosts a community discussion forum for teachers who have signed up to myBCITO.  Users of myBCITO who are not teachers do not have access to this forum.  Any information that you post on the teacher forum counts as User Content, meaning it is also subject to all the terms that apply to User Content.  Information posted to the forum may not be edited once published.

External links

Our platform may contain hyperlinks to websites operated by third parties.  We are not responsible for the content of those websites, and do not necessarily endorse or condone the content of those websites.

Communicating with you

We may send you promotional information about our goods and services including information about qualifications, trades, finding work, or other content aimed at helping you into an apprenticeship (including from our selected business partners).  We may do this by email, text message, app notification or any other electronic or physical method.  However, if you ask us not to provide you with this information, we will comply with your request.  Please note that, if you opt-out of receiving communications from us:

  • where you are a Starter, we will no longer be able to provide you with our job-matching service; and
  • we may choose to limit, suspend, or close your account in accordance with these terms of use.

Interruptions and errors

Like any online service, we cannot guarantee that the myBCITO platform will be uninterrupted or error free.  It is up to you to take any precautions necessary to ensure you do not incur losses or costs in the event that the myBCITO platform is affected by an interruption or error.  We are not liable for any loss or corruption of data.

We will use reasonable efforts to ensure that information provided through the myBCITO platform is accurate and up-to-date. To the extent permitted by law, we exclude all other express and implied warranties and representations about that information.

However, we do not review or control User Content, and are not responsible for its accuracy or completeness.  You are solely responsible for and assume all risk associated with any use or reliance placed on User Content by you and any third parties.

Intellectual Property

We own or hold rights to use all intellectual property rights in the myBCITO platform, including all components of the website, and all content made available through the platform from time to time, other than User Content.  You may use the myBCITO platform as made available by us from time to time, subject to these terms.  This does not give you any rights in the platform, or any of their components or content, and you must not copy, modify, adapt, reproduce or republish any of them.

You retain all ownership rights that you hold in your User Content.  Where you provide us with feedback or suggestions about the myBCITO platform, you promise us that this information is not confidential to you or any other person, and you agree that we can use it as we see fit, without any obligation to you.

Restrictions on using the myBCITO platform

Don’t misuse our services.  For example, you must not use the myBCITO platform in a way that infringes intellectual property, defames someone, breaks the law, or violates the privacy or other rights of any person.

You must not use the myBCITO platform to:

  • upload, transmit, or distribute any malware or spyware
  • interfere with or disrupt any servers connected to myBCITO
  • attempt to gain unauthorised access to myBCITO or another user’s account
  • do anything that would expose us to any liability or cause us to be in breach of any law or regulation of New Zealand or any other jurisdiction.

You must not engage in any commercial exploitation of the myBCITO platform.  Unless we specifically agree otherwise in writing, you must not say or do anything that may lead others to believe that you are endorsed by or associated with us.

You must indemnify us

As far as permitted by law, and without limiting any other rights we may have under these terms of use or at law, you agree to indemnify us against all costs, losses, expenses and liabilities that we suffer or reasonably incur in connection with any third party claim made or brought against us, where the claim is fully or partly caused by your breach of these terms of use. However, you will not be liable to the extent that we have caused or contributed to such losses through our own negligence, breach of these terms or unlawful conduct.

Limitations on our liability

As far as permitted by law, we are not responsible for any loss or damage that you may suffer in connection with your use of the myBCITO platform, except to the extent that we cause or contribute to the loss or damage through our breach of these terms or our unlawful conduct.

As far as permitted by law, we will not be liable to you for any loss of profits, opportunity, business or contract, any indirect or consequential loss, or any exemplary, incidental, special or punitive damages, arising from or in connection with the myBCITO platform or these terms of use.  

To the extent that our liability cannot be excluded, our total liability for any loss or damage you suffer in connection with the myBCITO platform or these terms of use will not in any circumstance exceed one New Zealand dollar (NZD$1).

The limitations and exclusions above apply to all liability (including for negligence), regardless of the legal basis of the claim.  However, unless you’re using the myBCITO platform in the course of your business, nothing in these terms takes away from your rights under New Zealand’s Fair Trading Act and Consumer Guarantees Act, which may in certain circumstances entitle you to compensation exceeding what is allowed by these terms.  Check out consumer.org.nz if you want to know more about your rights under the Fair Trading Act and Consumer Guarantees Act.

Consumer Guarantees Act and Fair Trading Act

To the extent that you are in trade, and are using the myBCITO platform in trade, you agree that the Consumer Guarantees Act 1993 does not apply to your use of the myBCITO platform.  We do not provide any guarantees in respect of the myBCITO platform, other than those expressly set out in these terms.

To the extent that you are in trade, and are using the myBCITO platform in trade, you agree that: (i) in accepting these terms you have not relied on any representations or other conduct of ours, whether prior to accepting these terms or at any subsequent time; (ii) along with our privacy policy, these terms are the entire agreement between you and us regarding your use of the myBCITO platform; and (iii) to the extent necessary to give effect to (i) and (ii) above, you agree to contract out of section 9, 12A, and 13 of the Fair Trading Act 1986.

The two paragraphs above will apply only if and to the extent that it is legally permitted to contract out of the Consumer Guarantees Act 1993 and Fair Trading Act 1986.  In all other respects, your rights under those Acts remain unchanged.  Check out consumer.org.nz if you want to know more about your rights under the Fair Trading Act and Consumer Guarantees Act.

Reporting Misconduct

If during your interactions with any other user, you feel that the user is acting or has acted inappropriately you should immediately report that user to us by contacting us at [email protected].

Governing Law

These terms of use are governed by New Zealand law.  You agree to the non-exclusive jurisdiction of the New Zealand courts in relation to all disputes arising out of or in connection with these terms of use, and/or the myBCITO platform.

General

If at any time we refrain from enforcing a provision of these terms of use, or give you extra time or other leeway to comply, this does not mean that we have waived that provision or given up our rights to enforce that provision, or any other provision.

If it turns out that a particular term is unenforceable, invalid, or in conflict with the law, that part is replaced with a provision which, as far as possible, accomplishes the original purpose of that part, without the invalidity, unenforceability or conflict with law.  The remaining terms of use will continue to be binding on the parties.