These Terms are binding on any use of the Service and apply to You from the time that InternPrep provides You with access to the Service.
By registering to use the Service you acknowledge that You are over the age of 18, have read, understood and agreed with these Terms.
These Terms were last updated on 1 April 2015.
means the fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which InternPrep may change from time to time on notice to You).
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
means any data inputted by You or with Your authority into the Website.
“Intellectual Property Right”
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
means the Internprep Learning Management System (LMS) available (as may be changed or updated from time to time by InternPrep) via the Website.
means the Internet site at the domain www.InternPrep.co.nz or any other site operated by InternPrep.
Means the Website and InternPrep trademark, both are properties of H’s Holding Group Limited listed on the New Zealand Companies Office.
means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
means the Subscriber, “Your” has a corresponding meaning.
2. USE OF SOFTWARE
InternPrep grants You the right to access and use the Service via the Website according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
3. YOUR OBLIGATIONS
1. Payment obligations:
Subscription fee must be received in full before you can start using the Learning Management System. You are responsible for payment of all taxes and duties in addition to the Subscription Fee.
2. General obligations:
You must only use the Service and Website for Your own lawful internal purposes, in accordance with these Terms and any notice sent by InternPrep or condition posted on the Website. You may not share your account with others nor allow access to your account for the benefits of anyone other than you.
3. Access conditions:
- You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify InternPrep of any unauthorised use of Your passwords or any other breach of security and InternPrep will reset Your password and You must take all other actions that InternPrep reasonably deems necessary to maintain or enhance the security of InternPrep’s computing systems and networks and Your access to the Services.
- As a condition of these Terms, when accessing and using the Services, You must:
i. not attempt to undermine the security or integrity of InternPrep’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
ii. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
iii. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
iv. not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
v. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website.
4. Usage Limitations:
Use of the Service may be subject to limitations, including but not limited to the limitations set out per types of subscription chosen
You indemnify InternPrep against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to InternPrep.
4. CONFIDENTIALITY AND PRIVACY
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
- Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
- Each party’s obligations under this clause will survive termination of these Terms.
- The provisions of clauses 4.1.a and 4.1.b shall not apply to any information which:
i. is or becomes public knowledge other than by a breach of this clause;
ii. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
iii. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
iv. is independently developed without access to the Confidential Information.
5. INTELLECTUAL PROPERTY
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of InternPrep.
2. Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data remain Your property. You grant InternPrep a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
3. Backup of Data:
InternPrep adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. InternPrep expressly excludes liability for any loss of Data no matter how caused.
6. WARRANTIES AND ACKNOWLEDGEMENTS
You acknowledge that:
- InternPrep has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You.
- The provision of, access to, and use of, the Services is on an “as is” basis and at Your own risk.
- InternPrep does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. InternPrep is not in any way responsible for any such interference or prevention of Your access or use of the Services.
InternPrep gives no warranty about the Services. Without limiting the foregoing, InternPrep does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
7. LIMITATION OF LIABILITY
- To the maximum extent permitted by law, InternPrep excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
- If You suffer loss or damage as a result of InternPrep’s negligence or failure to comply with these Terms, any claim by You against InternPrep arising from InternPrep’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Subscription Fees paid by You in total.
- If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.
1. Prepaid Subscriptions
InternPrep will not provide any refund for any Subscription Fees.
- breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied; or
- breach any of these Terms and the breach is not capable of being remedied;
InternPrep may take any or all of the following actions, at its sole discretion:
- Terminate this Agreement and Your use of the Services and the Website; or
- Suspend for any definite or indefinite period of time, Your use of the Services and the Website
9. HELP DESK
1. Technical Problems:
In the case of technical problems can email us at email@example.com
2. Service availability:
Whilst InternPrep intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason InternPrep has to interrupt the Services for longer periods than InternPrep would normally expect, InternPrep will use reasonable endeavours to publish in advance details of such activity on the Website.
1. Entire agreement:
2. No Assignment:
You may not assign or transfer any rights to any other person without InternPrep’s prior written consent.
3. Governing law and jurisdiction:
This agreement is governed by New Zealand law and You submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement..
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to InternPrep must be sent to info@InternPrep.co.nz or to any other email address notified by email to You by InternPrep. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.