Terms and Conditions

TERMS AND CONDITIONS

Welcome to Life Education’s website. We have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the terms and conditions listed below.These terms and conditions are intended to help keep Life Education’s website a safe and secure place to purchase online and to outline the terms and conditions for all other services offered on the website. Please note that these terms and conditions may be updated from time to time.

1.1    Acceptance of terms and conditions: The terms and conditions are the terms on which Life Education Trust (NZ) offers services on the website. By using the services on the website you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.

1.2    Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Life Education from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

These terms and conditions were last updated 10 October 2011.

1.3    Terminology: In these terms and conditions, the following expressions have the meanings set out:

'item', 'items' means goods or property that are bought through the merchandising and events system
‘Seller’ refers to a local Life Education Trust
'Services' means any one or more of the services offered by Life Education Trust (NZ) from time to time, including ticketing for events, auctions, classifieds, message boards, sms alerts and any other service that Life Education may offer either at present or in the future;
'we', 'us' and 'our' are a reference to Life Education Trust (NZ);
'you' and 'your' are a reference to you;
'Website' means any Life Education website through which the services are offered;
'listing' means a listing on the Website through which you purchase any item


SPECIFIC WARNINGS

2.1    The services: Life Education provides a venue to allow all local Life Educations Trusts who want to sell items, advertise a venue and/or offer tickets for purchase. Life Education Trust (NZ) does not take any part in the sale of items other than by providing our Website as a venue for buyers and sellers. If a purchase is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another.
2.2    At your own risk: Transactions and all other contact between you and any local Life Education trust are conducted entirely at your own risk. You agree that Life Education takes no responsibility or liability for any misconduct of any of its trusts including, without limitation, trusts that have registered under false pretences or who attempt to defraud you. Life Education Trust (NZ) gives no undertakings, representations, or warranties in relation to items sold or listed on the Website.
about ownership of any item;

1. as to the content, safety, description, worthiness, quality, or legality of the items or Services that are listed on the Website;
2. as to the accuracy or truth of listings;
3. about the ability of local Life Education trusts to complete a transaction, including credit card transactions.

2.3    Disclaimer: You expressly understand and agree that:

1. your use of the Services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Life Education disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
2. Life Education does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
3. no advice or information that is obtained by you from Life Education or anyone else shall create any warranty by Life Education that is not expressly stated in the terms and conditions; and
4. while Life Education may facilitate payment for some items by credit card, Life Education is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
5. while Life Education’s third party systems may reduce the risk of credit card fraud, Life Education is not responsible for protecting members from credit card fraud.
   
   2.4    Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Life Education to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, a Trust’s acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Life Education's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
   
   2.5    Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, arising out of any content or item you submit, post, transmit, or make available through the Services.
   
   2.6    Breach: Without limiting any other rights and remedies available to Life Education, Life Education may refuse to provide our Services to you if you breach these terms and conditions or where Life Education considers it appropriate.
   
    

                   COMMUNICATION FROM LIFE EDUCATION

3.1 Emails and newsletters: Life Education may send you emails relating to future services, transactions and other activities on the Website, and for promoting and marketing other Life Education products and services to you. Life Education may also send regular electronic newsletters to you. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

GENERAL RULES

4.1    General

1. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
2. You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.

4.2    Your obligations as a buyer

1. You must be located in New Zealand or Australia to buy through the Life Education website. People outside of these countries are not permitted to purchase items on the Life Education website.
2. Your purchase is not retractable once the transaction has completed. Reasonable allowances should be made for postage where applicable.
3. You must make full and prompt payment for any item you buy.
4. You agree to your email address being supplied to the seller when you purchase an item through the website.
5. If you use the third party site to pay by credit card, you agree to:
   1. inform Life Education and co-operate fully and reasonably to resolve any problem transaction before requesting a chargeback from your card issuer or bank.
   2. return the goods (with original packaging) should you seek a refund from the Seller in the event that they are not as described or arrive damaged.

 



4.3    Feedback

1. Any feedback you provide must not contain offensive, defamatory or inappropriate language. Life Education reserves the sole right to determine what is considered offensive, defamatory or inappropriate.
2. You must not post feedback on a transaction that does not relate to that specific transaction.
3. Feedback is provided for the sole purpose of facilitating trading between members on the Life Education Website, for general information about our services and to arrange for a school visit.

 
GENERAL PROVISIONS

5.1    System Integrity: Life Education will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Life Education takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Life Education assumes no responsibility for the corruption of any data or information held by Life Education.

5.2    Resolution of disputes: As Life Education is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Life Education in any dispute or in the resolution of disputes that arise between you and another Trust as a result of the Services provided.

5.3     Force Majeure: Without prejudice to clause 2.3(a), Life Education has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Life Education to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Life Education.

5.4    No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

5.5    Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

5.6    Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

5.7     Intellectual Property Rights: Life Education (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons, sound recordings and videos) and the software and other material underlying and forming part of the Services and the Website.

1. You may not without our prior written permission, in any form or by any means:
   1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
   2. Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.

5.8    Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

5.9    Privacy: Life Education collects personal information about you through your use of the Services and the Website, including:

• your contact details; and
• information relating to your use of the Website and the content you access.

You agree that Life Education may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of Life Education Limited, our users, or others, for promoting and marketing other Life Education products and Services to you, and for any other use that you authorise. You agree to your membership's trading history being published in your feedback.

We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Life Education Limited, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry Of Economic Development. You may contact Life Education to ask whether information has been provided to government agencies.

If you intend to take Disputes Tribunal proceedings against another member and you require that member's contact details in order to take such proceedings, Life Education will release those details to you if you make a Statutory Declaration stating that you require that member's contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting Life Education or the Disputes Tribunal.