Mission New Zealand: Terms and Conditions
Scope
These Terms and Conditions (Terms) apply to your access to, and use of, Education New Zealand’s (we, us, or our) Mission New Zealand website (missionnewzealand.com) and any digital content that we may provide via the Site or otherwise (together with our Online Services).
Accessing and using our Online Services
Account registration
Before you can access learning content on the Mission New Zealand Online Services (Online Services) you must register with us through the Site and create an online account (Account) by accurately entering the required details on the registration pages. In using the Online Services you acknowledge that you are interested in receiving access to short course and micro-credential content, and you are capable of entering into the contract for the Online Services. Access to the Site is at our complete discretion.
The way that we use and share your personal information is explained in our Privacy Policy. By using the Online Services you agree that we (and The Mind Lab on our behalf) can collect, hold, use and share your personal information in accordance with our Privacy Policy.
Licence
We grant you a non-exclusive and non-transferable right to access and use the Online Services for your own personal and non-commercial use only, provided you do not modify any copyright, trademark and other proprietary notices, and subject always to these Terms.
This material cannot be copied, distributed, changed or re-used for any purpose without seeking permission from us. Permission can be requested by contacting us at support@missionnewzealand.com
Use of Mission New Zealand website
You agree that you, and any other person you authorise to use missionnewzealand.com through your Account, will not:
Use the Site for any unlawful purpose;
Take any action which may disrupt access to, cause damage to, or interfere with the proper operation of the Site, including any action that may result in the introduction of any viruses, Trojan-horse type programs, malware or anything else malicious or technologically harmful;
Copy, reproduce, alter, modify, sell, resell or display in public, any content or data from the Site;
Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
Use the Site other than as specifically permitted by these Terms.
Unauthorised access to your Account
As an Account holder you agree that:
You are solely responsible for anything that happens through your Account unless you close it;
You will choose a strong and secure password;
You will always take all reasonable care to prevent any unauthorised use of, or access to, your Account, login details and password;
You will keep your login details (including your password) strictly confidential;
You will use your Account for your own personal use and will not provide access to your Account to others; and
If you believe, or discover that, there is any unauthorised use of your login details or password, you will notify us immediately.
If we discover that you are providing access to our Services to others (or otherwise enabling use), we reserve the right to suspend or block your Account for a period of time determined at our own discretion or cancel your Account completely.
Your comments and feedback and other submissions
We welcome your feedback and suggestions on how to improve our Online Services. If you provide us with feedback or suggestions we may contact you to discuss these with you. We assume that by providing us with this feedback and suggestions you are happy for us to share this with others and act on that feedback or suggestion (including creating new content as a result of your comments), and we do not need to account to you regarding this use. To the extent that the feedback or submission you provide is personal information, we will use it as explained in our Privacy Policy. You expressly waive any moral rights you may have in this content.
Closing your Account
You may stop using the Online Services and/or terminate your Account at any time by sending us an email at support@missionnewzealand.com
We can suspend or terminate your access to the Online Services (or any part of them) at any time. Where appropriate, we will give notice to you. However, there may be circumstances where we will suspend or terminate your access to the Online Services without prior notice to you. We will not be responsible for any loss you may suffer as a result of the suspension or termination of your access to the Online Services.
Online Services
Operation of Online Services
We will provide the Online Services with reasonable care and skill, however because of the nature of the services and how they are delivered and accessed we cannot promise that the Online Services or any part of them will:
Operate on a continuous or fault-free basis;
Be completely secure or private; or
Be free of viruses or other harmful features.
Online Services availability
We will reasonably endeavour to provide you with uninterrupted access to the Online Services.
Accuracy of information
We will use reasonable efforts to ensure the accuracy of the information on the Online Services. However, we do not warrant, and do not accept legal liability or responsibility for, the accuracy, correctness, reliability, currency, completeness or fitness for purpose of any of the information on the Online Services. If you rely on any material from the Services, it will be at your own risk.
Third party websites
The Online Services may contain links to internet websites or learning material maintained or owned by other people or organisations. We do not endorse or approve of the content or material on those other websites and are not responsible for any content or material on those other websites.
Changes to Online Services
We can, at any time, make changes to (including adding and removing) the functionality, type, format, digital content, means of accessing, or operating system specifications for the Online Services where this will not materially impact on your ability to use the Online Services. Where we consider there is a material impact we will advise you of this in advance and will take your continued use after the notice period as agreement to the changes.
Intellectual property
All intellectual property rights in the Online Services, including copyright, belong to us and/or our licensors. You do not have any intellectual property rights in the Online Services or content, or in any improvements or variations that may be made to them as a result of your User Generated Content or any other material you provide. Nothing in these Terms or any of the Online Services will give you, implicitly or explicitly, any right to use any trademark without our prior written permission. You also warrant that any such content has been created originally by you and does not infringe the rights (including the intellectual property rights) of any other person.
Indemnity
We are entitled to charge you for, and you agree to pay, all direct and indirect costs, losses, expenses, fees (including all legal costs) and damages, we incur resulting from:
Any access to or use of the Online Services by you, or any person you have authorised to use your Account, in a manner that is inconsistent with these Terms or is otherwise not appropriate; and any actions you may take as a result of the online services
Any other person who accesses or uses the Online Services by using your Account as a result of you failing to keep your Account login details secure.
Limitation of liability
Certain consumer protection laws may apply to the Online Services provided by us. These include guarantees that the service will be fit for purpose, completed within a reasonable time and for a reasonable price, and provided with reasonable care and skill. Except for these warranties or guarantees and any others that may be imposed by law that cannot be excluded, we make no further warranties or guarantees. Where we are able to exclude any warranties and guarantees then these are expressly excluded.
To the extent permitted by law, we exclude any and all liability we may have to you or any other person under or in connection with:
Your use of the Online Services, or any use of the Online Services by any person that you have authorised to access and/or use the Online Services;
Your failure to comply with these Terms;
Any delay or loss of access to, or use of, the Online Services at any time;
Any fault or error in any Online Service that is beyond our control;
Any virus, trojan-horse, malware or any other material which is malicious or technologically harmful that affects or is introduced into the Online Services other than as a result of our negligence;
Malfunction of any equipment or system, or a telecommunications link failure; or
Any other cause or event beyond our control.
This exclusion applies regardless of whether such liability arises, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
General
Assignment and transfer
We may assign or transfer our rights and obligations under the Terms to another entity. You may only assign or transfer your rights or your obligations under the Terms to another person if we agree in writing.
Changes to these Terms
We may at any time revise these Terms and will notify you of any changes by updating the “last updated” notice on this page. It is your responsibility to check these Terms periodically for changes and your continued use of our Online Services will mean that you accept and agree to the changes.
Waiver
If we do not insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Parties
The Terms are between you and us. No other person has any rights to enforce any of its provisions.
Governing law
These Terms and the Online Services are governed by New Zealand law and the Courts of New Zealand have exclusive jurisdiction in respect of any matter concerning the use of our Online Services. If any term is not enforceable for any reason, the remainder of the terms and conditions will remain enforceable.
Other Mission New Zealand Specific Clauses
The Online Services are brought to you by The Mind Lab Education Limited Partnership (TML) but this in no way constitutes an agreement with TML nor does it constitute automatic access to any of TML’s paid Online Services which are governed separately by TML.
By registering for the Mission New Zealand Services you will be provided with access to free online training content and paid online micro-credentials.
Mission New Zealand support will provide access to technical and learning support in the first instance, in some situations the support team may be required to defer enquiries to learning partners. Whilst all endeavours will be made to ensure the support is provided with reasonable care and skill, any decisions made by you are at your risk and responsibility and you should seek any legal advice separately as necessary.
Fees
Depending on the micro-credential selected, fees charged will vary, and will be subject to currency conversion rates for payments made in currencies other than New Zealand dollars.
Any student who wishes to dispute the fees due must do so within one week of receipt of payment.
Promo codes (otherwise known as discount codes) can only be used if the user has been authorised to do so. If a promo code has been applied incorrectly or in an unauthorised manner the user will be required to pay back the discount. When a promo code discount is validated, no other discounts may be applied. Promo codes may be unique to a single user or limited by the number of unique uses. Promo codes must not be shared or distributed beyond those authorised to receive them. Should you share the promo code it may impact on your ability (or the ability of others) to use that code. If we discover use of a promo code in a manner that is inconsistent with these Terms, we reserve the right to cancel the discount, suspend or block your Account until the applicable price has been paid, or cancel your Account completely.
Cancellation of a short course or micro-credential
Enrolment in a programme or course intake may be subject to sufficient numbers of students enrolling in a particular intake. Students will normally be offered an opportunity to enrol in an alternative intake or receive a full refund.
Student Fee Protection
Payment for micro-credentials is held by law in a trust account. The Mind Lab complies with NZQA Student Fee Protection Rules which protect the interests of our students. The Mind Lab has a Static Trust Account with the NZQA-approved fee protection supplier, Public Trust, that ensures the safe protection of student fees over the value of $500.
Withdrawals and Refunds
Students must contact the support@missionnewzealand.com in the first instance. Students who wish to apply for withdrawal must make an application in writing. Verbal notice of withdrawal will not normally be accepted as a student’s intention to withdraw.
Withdrawal is confirmed from the date the written notification is received.
A refund of tuition fees will be determined by the date the withdrawal is confirmed and will only apply if the student confirms of their intention to withdraw from their micro-credential in the first 10% of the micro-credential full duration eg. the 10% withdrawal period of a 10 week micro-credential applies if the student provides a written confirmation of their withdrawal from their micro-credential in the first week of their intake commencing.
In case of more than four consecutive weeks of non-attendance in online sessions, or non-participation in required online activities associated with a programme or course, and no contact with support@missionnewzealand.com, the student may be withdrawn on grounds of abandonment.