Terms & conditions
This page provides a detailed description of the various policies that govern the use of the website, copyright and intellectual property rights, terms and conditions for the usage of the website and financial transactions and our commitment to your privacy.
Evaluation Associates Limited (EAL) reserves its right to modify these policies at any time. Therefore, we encourage you to review this page from time to time. As required, in certain cases, we will notify the registered users of any changes or modifications that take place.
USERS OF THE SITE
Our intended audience or users of the site are leaders and teachers of schools and educational bodies, and partners and affiliates in New Zealand and other countries.
USE OF THE SITE
EAL Site, and all its contents, is provided solely for personal, non-commercial (other than for the purchase of merchandise On-Line) use by the users of our Site. No right, title or interest in any materials or software is transferred to you as a result of your use of the Site.
MISUSE OF THE INFORMATION ON THE SITE
By visiting and using our website, you agree to not use our site or any information within it, implied or explicit to:
1. Perform or carry out any fraudulent, criminal or unlawful activity
2. Send, reuse, reproduce any material which may be illegal, offensive, abusive, or obscene
EXTERNAL LINKS AND REFERENCES
EAL website contains links to other external websites and references, which are not developed, maintained or monitored by EAL. As such, EAL is not responsible for the content or accuracy of these external websites and their content. Any references and or external links to such websites do not necessarily imply any endorsements from EAL.
All information on the EAL website has been prepared in accordance with the highest standards, to which we hold ourselves. However, no responsibility will be accepted by EAL or any of its subsidiaries for any consequences arising out of use of any material or information on the EAL site.
THIS SITE AND ALL THE MATERIALS ON OR REFERENCED BY THE SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY TYPE AND EAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL EAL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE USE OF THIS SITE OR PRODUCTS PURCHASED THROUGH IT. BY YOUR USE OF THIS SITE, YOU AGREE THAT YOU ARE USING THIS SITE SOLELY AT YOUR OWN RISK.
EAL reserves the right, in its sole discretion and without any obligation, to modify or correct any error or omissions in any portion of this web site.
Unless otherwise stated, all copyright, trademarks, designs, patents and other intellectual property rights on our site and all content shall remain the sole property of EAL.
EAL and other EAL logos and product and service names are trademarks of EAL. Any reproduction or use of any of the contents of this Site without the express written consent of EAL is prohibited.
Reproduction of any material or information, or part thereof, including images. is prohibited under the copyright law of New Zealand and is covered under the Copyright Act of 1994 and its subsequent amendments.
You may download, save and print information from our site for personal use only. No content should be used for commercial purposes. When referring, or quoting information on the site, please ensure acknowledgement of the source and copyright of the material being referred to.c
The following Terms and Conditions apply to your use of this Evaluation Associates Limited (EAL) Web Site and your purchase of products from EAL On-Line. By using this Site, you agree to adhere to and be bound by all of these terms and conditions.
Your use of this Site constitutes an Agreement between you and EAL. This Agreement, which consists of the terms and conditions set forth herein, shall be construed in accordance with the laws of New Zealand, without regard to any conflict of law provisions.
1. Website usage for financial transactions: By using our online services to register and pay for a workshop or any other financial transaction, this agreement is effective unless and until terminated by either you or EAL. You may terminate this agreement at any time by notifying EAL by e-mail or mail, in accordance with the terms and conditions of the services you are purchasing. The termination of this agreement may be subjected to additional terms and conditions relating to the specific service, which are clearly indicated at the point of transactions.
a. In using our website for any financial transactions, you declare that you are over 18 years of age and have legal capacity to contract the services. If you are using a credit card to process a transaction, you declare that the card is issued under your name and you have legal rights to use such a card. You also declare that you are liable to pay EAL for the services you have contracted.
b. In addition, EAL takes the security of the personal information (including credit card information) of our customers very seriously and thus employs security measures for all financial transactions, however, neither EAL nor any of its subsidiaries are liable for any data breaches through the site by unauthorised third parties.
2. General usage of the website: This Agreement is effective unless and until terminated by either you or EAL. You may terminate this Agreement at any time by notifying EAL by e-mail or mail. EAL also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in EAL's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or EAL, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
EAL expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose with respect to any materials and products, except those obligations under the Fair Trading Act of 1986.
By using EAL Web Site you agree to defend, indemnify and hold EAL harmless from any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
EAL, its subsidiaries, its affiliates or its partners will not be held responsible or liable for any delay, or failure in providing site service (including financial transaction services) due to a cause or circumstance beyond its reasonable control. This clause relieves EAL, its subsidiaries and its partner or affiliates from performing our contractual obligations when certain circumstances beyond our control arise, making performance inadvisable, commercially impractical, illegal or impossible. These situations can include, but not limited to failure of equipment – mechanical or electrical, an Act of God or economic or government restrictions.
The above terms and agreement will be governed by the New Zealand law and any disputes arising from, or related to these terms and conditions and their related services, shall be subject to the sole jurisdiction of the New Zealand courts.
EAL reserves its right to modify the terms and conditions that apply to your use of this Site. By using this Site following any such change you agree to adhere to and be bound by the terms as modified.
EAL, its subsidiaries and its partners and affiliates are committed to the privacy of our customers. As such, we take steps to ensure the confidential and personal information of our customers is always secure and handled in a safe and responsible manner.
COLLECTION AND USE OF PERSONAL INFORMATION
Your personal information is collected when you enrol for our newsletter, download any EAL resources from the website or register yourself online for any of the workshops that we provide. This information is also collected if you register yourself in any promotion, draws, sweepstakes, contests or participate in any survey conducted by EAL or any of its subsidiaries, or its partners and affiliates. By registering for any of the above, you agree that EAL may use information such as your name, title, email address and organization for the reasons provided below:
- Marketing or promotional emails (from EAL, its subsidiaries and its partners)
- Internal analysis to corroborate and validate the information you provided
- Analyse your preferences to provide you tailored content and advertising to enhance your customer experience
EAL will take necessary steps to ensure customer information is kept secure and confidential. If at any time, you would like to stop receiving promotional messages, newsletters and or advertisements from EAL, please send us an email.
You agree that information you submit to the Site will not contain any libellous or otherwise unlawful, abusive or obscene material. Please remember that you are solely responsible for the content of any information you provide to EAL.
If you provide evaluative information or testimonials about the service received by Evaluation Associates then EAL retains the right to use this information for marketing and promotional activities but your identity will remain anonymous unless otherwise agreed.
PROTECTING CUSTOMER INFORMATION
The information you send us while registering for a newsletter or a workshop, resides in a secure server. However, data transfers over the internet are not one hundred percent secure and hence EAL, its subsidiaries, or its partners and affiliates cannot be held legally liable for a data breach. Payment transactions on our website are encrypted and secure.