Terms and Conditions of Website Use
By using this, or any Skills’ websites, you accept these terms and conditions of website use (‘Terms’) in full.
If you disagree with these Terms or any part of them, you must not use Skills’ websites.
In these Terms:
- ‘we’, ‘our’ or ‘us’ and ‘Skills’ means Skills Consulting Group Limited, The Skills Organisation Incorporated, any of its subsidiaries or trading names;
- ‘you’ or ‘your’ means the person or customers who, by using this website, accepts these Terms; and
- ‘Website Content’ means all of the content, materials displayed on Skills’ websites, including (without limitation) all information, text, graphics, names, logos, trademarks, design, software, and advertisements.
2. Use of Website and Your responsibilities
2.1 You are solely responsible for you and your end user’s use of Skills’ website.
2.2. You may not in any way commercially exploit any material obtained from this website and must abide by any trademark, copyright and other proprietary restrictions and licences whether displayed or otherwise in the particular material or relevant area on Skills’ websites.
3. Website operation
3.1 Skills does not warrant that any of the functions contained on the website or your access to Skills’ websites will be uninterrupted or error free, or that any outage notifications will be made in a timely manner, or at all.
3.2 It may be necessary to interrupt the services provided on Skills’ websites in order to upgrade or maintain them, or for other circumstances beyond Skills’ control. Should Skills need to interrupt the availability of services on Skills’ websites, Skills will use its reasonable endeavours to minimise any interruption to the services.
3.3 Skills does not represent or warrant that this website, the Website Content, or any other material accessible from Skills’ websites is free from computer viruses (including macro viruses) or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks. Skills recommends that prior to using any downloaded file, you carry out an appropriate virus check.
3.4 Your access to certain areas of Skills’ websites may be restricted.
4. No warranty or responsibility for Website Content
4.1 Skills’ websites are provided “as is”. Skills has used its best endeavours to ensure that the Website Content (which may include information obtained from Skills’ licensors and other third parties) is correct, complete, and current. However, the Website Content may include errors, omissions or defects, and changes or events may occur which cause the information to be inaccurate or out of date. To the maximum extent permitted by law, Skills does not warrant the reliability, accuracy, currency, or completeness of the Website Content and takes no responsibility for an error, omission or defect contained in the Website Content. In the unlikely event that an unauthorised person makes changes to the Website Content, Skills does not accept responsibility for those changes.
4.2 You are solely responsible for any actions you take in reliance on the Website Content. Skills does not promise any specific results from use of Skills’ websites, If you want to rely on any material on Skills’ websites, you do so at your sole risk.
5. Intellectual property
5.1 Trademarks – All brand names, product and service names, and titles used on Skills’ websites are trademarks, trade names, and/or service marks of or licensed to Skills. No permission is given by Skills for their use by any person other than the holders and as such, any use may constitute an infringement of the holder’s rights which may lead to legal action. All other trademarks are the property of their respective owners.
5.2 Copyrights – All content, designs, text, graphics, software compilations, underlying source codes, and other arrangements on Skills’ websites are the copyright of Skills or its content providers unless otherwise stated. Any special rules for the use of certain materials accessible on this website may be included within this website and are deemed to form part of these Terms. All other use, copying, adaptation, distribution, or reproduction of any part of Skills’ websites (including, without limitation, reproduction on any other website or systemic downloading of Website Content) is prohibited without prior written consent from Skills. If the owner of any material published on Skills’ websites is not Skills, then your rights in relation to that material will be as defined by the copyright owner of that material.
6.1 You agree to indemnify Skills from any proceedings brought against Skills to the extent that such proceedings arise in connection with your use of this website, any breach by you of these Terms or a claim that your use of Skills’ websites infringes any intellectual property rights of any third party, or is defamatory.
6.2 You indemnify Skills and hold Skills harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any claim by a third party arising directly or indirectly out of or in connection with:
6.2.1 any breach by you of these Terms; or
6.2.2 any suit, claim or demand brought or made against Skills by, or due to the conduct, act, or omission of:
6.2.3 you; or
6.2.4 any person accessing any Website Content through your account.
7. Product or service information
7.1 From time to time Skills may offer a newsletter, or product or service information updates.
7.2 You may opt-out to receiving Skills newsletters or product or service information updates (as applicable) by email at any time. Please see Skills’ Privacy Statement on Skills’ websites for more information.
8. Disclaimers and limitation of liability
8.1 To the fullest extent permissible by law, Skills shall not be liable to you (or any of your officers, agents or employees) or any person, in contract, tort (including negligence), equity or otherwise for any loss or damage of any kind which may arise from, or in connection with, the use of Skills’ websites, or the use of, or reliance upon, any information, services or materials (including Website Content) contained within this website or provided by Skills’ websites, including any direct, indirect, incidental, consequential, special or punitive loss, and including, but not limited to (whether a direct or indirect loss) any, loss of opportunity, lost revenue, loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill, loss due to delay, any cost, loss, liability or expense arising from death, personal injury or property damage and losses resulting from security failure, disclosure of confidential information by other parties, or the transmission of a computer virus.
8.2 Skills may from time to time, publish links to other third-party websites on Skills’ websites. Content, hyperlinks, or information held on other sites is not the responsibility of Skills. Skills shall not be held liable for any information held on websites which may have links to or from Skills’ websites and which are not maintained and controlled by Skills. Skills does not endorse any material on those websites and does not provide any warranty, or assume any responsibility regarding the content, validity, quality, accuracy, source, merchantability, fitness for purpose or any other aspect of material on those websites, nor does Skills warrant that material on other websites does not infringe the intellectual property rights of any other person. You should check the terms and conditions applicable to any other websites you use or verify such information with the relevant party directly.
8.3 Skills makes no representation that any product or service referred to on Skills’ websites is appropriate for use, or available, outside of New Zealand. Those who choose to access this site outside of New Zealand are responsible for compliance with local laws to the extent that local laws are applicable.
8.4 By using Skills’ websites, you consent to the terms and conditions and disclaimers, as defined by Skills. Skills reserves the right to change these Terms from time to time without giving you prior notice.
8.5 Any failure by Skills to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing.
9. Acceptable Use
9.1 You must not use Skills’ websites in any way that causes or may or will cause damage to Skills’ websites or impairment of the availability or accessibility of Skills’ websites or is unlawful or harmful.
9.2 You must not use Skills’ websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any computer virus or spyware.
Skills reserves the right to revise and update these Terms from time to time. Revised Terms will apply to the use of Skills’ websites from the date of the publication of the revised Terms.
Skills’ websites, the information on them and these Terms are governed by and construed in accordance with the laws of New Zealand. Any dispute under these Terms or otherwise concerning this website shall be subject to the exclusive jurisdiction of the courts of New Zealand, and you submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.