Website Terms and Conditions of Use
Site Owner
This website is owned and maintained BCITO Limited (BCITO). All references to "we", "us" or "our" in these Terms are references to BCITO as defined above.
Accepting the Terms
These Terms govern the use of our website. By accessing or using a website governed by these Terms, you confirm that you accept these Terms and will comply with them.
Updating these Terms
These Terms may be revised from time to time by us displaying the changes in the most recent version of these Terms posted on our website. We may also send you an email. Any change made applies from the date it is posted. By using our website after any changes to these Terms have been posted or notified to you, you will be deemed to have accepted those changes to these Terms.
Sign-in and Membership
In order to use certain features of our website you may need to register an account and sign-in. Where that is the case, you may be notified of additional terms that apply either by us displaying those on the website and/or emailing those to you.
Use of Website
Any use or interaction with our website must comply with all laws, regulations and mandatory rules that apply to you.
You must not use or interact with the BCITO website in a way that results in any disruption, corruption or damage to our website or any other person’s computer software or hardware.
You must not collect, store or use any personal information of other users of our website, unless they’ve expressly agreed to that.
Any information that you submit over our website must be accurate, complete and not misleading.
You must not transmit or input into our website any content or material that may be offensive or inappropriate for the audience of users or in violation of any law.
Unacceptable content
We reserve the right to remove content you upload to or inputted into our website. If your contributions to the site, or social media channel include material deemed unacceptable by BCITO, BCITO reserves the right to moderate, remove, hide, delete or ban content or users for comments, messages, images or links, including but not limited to content that contains:
- offensive language;
- personal attacks of any kind;
- improper comments that target any group or individual based on their ethnicity, race, gender, religion, faith or sexual preference;
- spam and/or trolling*, including repeated posts/messages or marketing content;
- infringe on copyrights or trademarks;
- misinformation;
- any other material we deem to be inappropriate;
*'trolling' - a term used for a person who purposefully attempts to aggravate, blame or direct abuse to get a response from you in order to inflame a situation further.
Intellectual Property on the Website
Unless otherwise indicated, copyright in all material available on our website, including all components of the website, is owned by (or licensed to) BCITO Limited. Except as expressly described in these Terms, you do not have any rights in our website, or any of its components or content.
Any commercial exploitation of the content included on our website is expressly prohibited.
You may copy, store, reproduce and distribute the content included on our website provided that:
- it is not used for any commercial purpose;
- it is cited and credited to BCITO and you explicitly acknowledge the content source and copyright status;
- it is not altered or modified in any way; and
- it is reproduced accurately, is not used in any way that may mislead others and is not used in a derogatory manner.
However, this licence does not apply to any logos, emblems and trademarks incorporated on our website, or to any design elements, photography, imagery, video or audio recordings. It also does not extend to any material that is identified as being the property or copyright of a third party (including any of our learners). Those may not be copied, stored, reproduced, distributed, incorporated in any other work or otherwise used, in whole or in part, without our written permission.
You retain any rights you have in any content you upload to our website. However, you grant us a licence to use this content for the purposes described in our privacy policy under the heading ‘How do we use personal information’. We do not take any responsibility for any part of our website that displays the work of learners. Learner’s work doesn’t necessarily reflect our opinion, policies or procedures and we cannot guarantee its accuracy, authenticity or suitability.
Availability of our website
We cannot guarantee that our website will be error-free or that you will always have uninterrupted access. Access to our website may be interrupted or restricted from time to time for updates, maintenance, repairs or for matters that arise that are beyond our reasonable control.
Links
Our website may contain links to third party websites that are not under our control. We do not endorse and are not responsible in any way for any information, content or material that is available on third party websites.
You may create a hyperlink to our website from another website but that hyperlink must not be presented in a way that misleads, suggests that we have an association with or endorse anything contained on that website.
Monitoring
Communications that we have with you (for example, electronic correspondence or telephone calls) due to your access of our website may be recorded for training purposes, to help ensure effective systems operation or for other lawful purposes.
Unsolicited email
Email addresses that are published on our website should not be considered consent to receiving unsolicited emails. Any communication that is sent to an email address that appears on our website must comply with the Unsolicited Electronic Messages Act 2007.
Privacy
We are committed to complying with the Privacy Act 2020 when collecting, using or dealing with any of your personal information.
Like many websites, we may collect information in connection with your visit to help us improve our website and to provide you with access to certain functionality and services made available through it.
Your access to and use of our website is subject to our Privacy Policy. This notice describes how we collect, hold, use, disclose and maintain your personal information, including personal information that is collected through our website. It also describes some of your rights in relation to your personal information
By using our website (including by submitting personal information to us through our website), you acknowledge and agree to our Privacy Notice.
Disclaimers
No warranties for information on this website
To the extent permitted by law, you agree that your use of, and reliance on, information on our website is entirely at your own risk. You acknowledge that while we endeavour to ensure that the information on our website is accurate, we do not make any representation or warranty that the information provided is accurate or up to date.
All warranties, whether express or implied, as to the accuracy, currency, completeness, fitness for purpose or usefulness of the information contained on our website are excluded to the extent permitted by law.
Nothing in these Terms affects any rights or remedies you have under the New Zealand Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
Exclusion of our liability
You acknowledge and agree that:
- to the maximum extent permitted at law, any and all liability of us and our directors, officers and employees to you under or in connection with these Terms, or your use of our website is excluded; and
- the exclusion immediately above applies regardless of whether liability arises in contract, tort (including negligence), equity or by statute or other legislation, and whether such liability is for direct, indirect, consequential or punitive losses or damages, or loss of profit, income, data, business opportunity or anticipated savings.
It is up to you to ensure that the computer or device you are using to access our website is secure and that you are protected against viruses, worms, trojan horses, spyware, malware or other items of a destructive or harmful nature.
Nothing in these Terms affects any rights or remedies you have under the New Zealand Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
Waiver
If you breach these Terms and we don’t immediately take action against you, we shall still be entitled to enforce our rights and remedies in respect of any such breach.
Severability
If any provision of these Terms becomes or is held invalid, unenforceable or illegal (whether partly or in full) for any reason, that provision (or part of that provision) will be severed from the remaining Terms, which will continue in full force and effect.
Governing law
These Terms, your use of our website, any information contained on it, and any dispute arising out of such use of our website are subject to the laws of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute that arises in connection with the use of the BCITO website.