Enroller User Terms and Conditions
The Enroller Platform (‘Platform’) is owned and licensed by Enroller Limited (‘we’, ‘us’, ‘our’). These terms and conditions of use (‘Terms’) constitute an agreement between you, the user of the Platform, (‘you’, ‘your’) and us in relation to your use of the Platform. By accessing or using the Platform you agree that you have read, understood and accepted these Terms and you agree to be bound by them.
1. Jurisdiction: The Platform is operated by us from New Zealand. The information on the Platform may not be appropriate or available for use in other jurisdictions. If you choose to access the Platform from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.
2. The Platform: The Platform enables you to apply for services from education providers (‘Suppliers’) by completing an application form (‘Application’) on the Platform. Our involvement in the Application process is through the provision of the Platform as a service to the Suppliers. We do not take any part in:
a. the final decision of assessing your Application, this is undertaken by the relevant Supplier; or
b. the sale of goods or services from a Supplier to you.
The Platform is solely intended to facilitate you providing Suppliers with information required by a Supplier in the Application. If your Application is accepted by a Supplier, any and all contracts for the sale of goods and/or services will be formed between you and the Supplier directly. We do not act as agent for either party and do not participate in any provision of credit, sale or transaction between you and Suppliers or any third party.
3. Disclaimer in relation to Suppliers: The availability of Supplier information on the Platform does not constitute a recommendation or endorsement by us regarding any particular Supplier, goods, services or transaction. We do not warrant in relation to the suitability of submitting an Application, the information contained in an Application, the solvency of Suppliers or any goods or services. Use of information about Suppliers contained on the Platform is at your own risk. We are not responsible for any adverse consequences arising out of such use or the submission of an Application. You agree that we are not responsible or liable for any misconduct or non-performance by any Suppliers. If you enter into any agreement subsequent to accessing the Platform, you do so entirely in reliance on your own judgement and enquiries and not in reliance on us. We are not a party to your contract with a Supplier.
4. Limitation of Liability: To the fullest extent permitted by law, we exclude all liability in relation to the Platform whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss or damage however caused (including direct, indirect, consequential, special or exemplary loss or damage, or loss of profits, loss of revenue, loss of data, loss of savings and loss of opportunity).
a. we are providing a service to the Supplier to whom the application is submitted (‘Applicable Supplier’) by collecting on the Applicable Supplier’s behalf, information about the student the subject of the Application (‘Student’) and other related applicants;
b. for the Applicable Supplier to determine whether to accept the Application and offer educational services in relation to the Student. The Student may not be able to receive such services if all the requested information is not provided;
c. we may use the information in an aggregated or anonymized form only, with the primary purposes of improvement to the Platform and the services we provide and for statistical/aggregated information about applications through the Platform being shared with schools, agents and other interested third parties, including Education New Zealand.
d. the Applicable Supplier may use and disclose from time to time, information collected and held about the Student and the applicant(s) for Application assessment and debt recovery purposes, for marketing and promotional purposes and generally to do business with the Applicable Supplier;
e. the Applicable Supplier may from time to time disclose information to, and collect information from, references you provide, credit reporting agencies, debt collection agencies and other applicable third parties for the purposes set out in (b) and (d) above;
f. under applicable laws, including the New Zealand Privacy Act 1993, individuals have rights of access to, and correction of, their personal information; and
g. the above is intended to confer a benefit upon Applicable Suppliers, including under the Contracts (Privity) Act 1982.
6. Intellectual Property: This Platform, including its content, is protected under copyright and other laws of New Zealand. Unless otherwise stated, copyright and other intellectual property rights in the Platform and all material published shall belong to us or our licensors. The software that operates the Platform may include proprietary software and you are not permitted to use such software except as expressly allowed under these Terms. Any other use or purported licensing, modification, enhancement or interference of such elements is strictly prohibited. You may copy and store content from this Platform only for your own personal use, provided that you maintain all copyright and other notices contained in it. Any trademarks appearing on this Platform belong to us or our licensors. You are not permitted to use or reproduce, or allow anyone to use or reproduce our trade marks for any reason without our prior written permission.
7. Account: To gain access to certain features of the Platform you must register an account with us by entering a valid email address and accurate, current, and complete information about yourself as prompted by the online registration form. In addition, you must select a password. You may not sell, exchange, trade or auction your account. You confirm that the data you provided to us on registering was at the time you provided it current, complete and accurate, and you agree to maintain and update the data as required to keep it so.
8. Reliance Upon Password: You must ensure that your password is kept secure and confidential and not revealed to any other person. You are entirely responsible for any and all activities that occur under or through the use of your password. You agree to notify us immediately of any unauthorised use of your password or any other breach of security, and we will deactivate that password. You release us from any claim in respect of, or arising from, any reliance by us upon any use of your password, including us disclosing information relating to your registration and/or affairs with us.
9. Use of Platform: You must:
a. not, either knowingly or otherwise, provide a materially false or fraudulent statement, detail or information in an Application;
b. not resupply or distribute copies of the Platform, or any information made available through the Platform, to any third party, including by making available any data, content or other information from the Platform to any third party or by renting, leasing, lending, sublicensing or otherwise making available the Platform to any third party;
c. not copy, reproduce, translate, adapt, vary, transmit or modify the Platform without our express written consent;
d. not attempt to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the Platform including any mechanisms used to restrict or control the functionality of the software;
e. not remove any copyright, trade mark, or proprietary rights notices included in or on the Platform;
f. not reverse engineer, decompile, or disassemble the Platform; and
g. not engage in any conduct that may disrupt or interfere with the operation of the Platform or interfere with other users’ use and enjoyment of the Platform.
10. General Rules of Use: You will not use the Platform to directly or indirectly:
a. create a false identity for the purpose of misleading others as to the identity of the applicant or Student or the sender of a message or post;
b. breach any applicable law or regulation;
c. engage in any other conduct that we in our absolute discretion consider inappropriate; or
d. transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws.
11. Your Obligations: You:
a. will only provide information that is accurate, true, current, complete and includes all relevant information about yourself, the Student and your Application;
b. may determine which Suppliers you provide an Application to;
c. agree to your name and email address being provided to the recipient if you send an email or other communication through the Platform.
12. Third party commissions: You acknowledge that we may receive a commission, or other payment, from third-party providers associated with the Platform.
13. Indemnification: You agree to indemnify us against any cost or liability we incur or have to pay in dealing with any claim or demand, including reasonable lawyers’ fees, made by any third party or Supplier due to or arising in any way out of your use of the Platform in breach of these Terms and there is no need for us to suffer loss or damage before enforcing this right of indemnity.
14. Severability: If any part or provision of these Terms is deemed to be 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 remaining Terms will be binding on the parties.
16. Electronic Transactions Act: You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications, including in terms of the Electronic Transactions Act 2002.
17. Waiver: If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or condition, or our rights to later enforce that or any other term or condition. Further, no waiver by us, in exercising any right, power or provision in these Terms shall operate as a waiver of any other right or of that same right at a future time. Nor shall any delay in exercise of any power or right be interpreted as a waiver.
18. Suspension: If you breach any of these Terms we may suspend (at our absolute discretion) your account and your use of the Platform or particular features of the Platform effective immediately and without prior notice.
19. Termination: You or we may terminate this agreement and your registration at any time for any reason (including without limitation, a failure by you to comply with any of these Terms). Once terminated, you cannot access the Platform in any manner or for any reason without our express written consent.
20. Law: These Terms shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms.
21. Entire Agreement: These Terms set out the entire agreement and understanding between you and us in relation to the Platform and supersede all prior understandings of any nature between us in relation to the Platform.
22. Contact: If you have any questions or concerns in relation to the Platform or these Terms please contact us by emailing firstname.lastname@example.org