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Standard Terms and Conditions

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You acknowledge that all materials are provided subject to and are governed by these terms and conditions and that these conditions will apply to the exclusion of any other terms and conditions that may appear on any purchase order of yours.

Definitions

"You" or "yours" means the customer,
"Us" or "We" means Competenz, a New Zealand Incorporated Society,
"Tools4Work" is a programme owned by Competenz.
"Conditions" means these Standard Terms and Conditions,
"Website" means the Tools4Work or Competenz websites or other websites that Competenz may establish,
"Resources" means the educational and instructional materials that are available either from the website or directly from us.
"Pricelist" means the current pricelist for materials which is available on the Tools4Work website,
"Permitted purpose" means the purpose of teaching students enrolled by you
"Licence period" means the single school year during which a school may use the resources once they have paid the appropriate licence fee as per the pricelist
"Expiry date" means the date the License period ends.

Price

The price for resources either ordered from Competenz directly or via the Tools4Work website will be the price specified in the appropriate pricelist.

All prices are in  dollars and GST is payable. Payment is due 30 days following the date of invoice.

Cancellation

You may only cancel an order prior to delivery of the materials concerned.

Method of Delivery

We will deliver any physical materials to the address specified in the order form. Completed downloads from the website will also be construed as delivered. We will not be liable for any delay in the delivery of the materials.

Shortfalls

You will notify us of any shortfalls in materials within seven days of delivery otherwise the materials will be deemed to be delivered.

Title and Risk

The materials do not become your property until payment has been received in full however risk in the materials passes to you upon delivery.

Intellectual Property

We own or licence all intellectual property on all materials apart from those that are in the public domain. This includes copyright, trademark and any other intellectual property rights that are in or relate to the resources.

We do grant you a non commercial licence to use, copy and reproduce the materials for your staff and students up to the expiry date. However this licence is not exclusive and you may not transfer it or sub-licence.

Liability

If resources are faulty we will replace them but our liability is limited to the price paid for the resources. We are not responsible for their use or for the consequences of their use.

General

These conditions are the entire agreement between you and us in relation to resources. Amendments will only be effective if they are in writing and signed by an authorised representative of both parties.

These conditions may be subject to change from time to time and the prevailing version will always be available on the website.

These conditions are subject to the law of New Zealand and the non-exclusive jurisdiction of the New Zealand courts.