Terms and Conditions
By accessing the 123 Tuition website, and any other sites through links provided by us, or viewing, using or downloading material from the 123 Tuition website, you agree to the following terms and conditions.
These terms and conditions are legally binding. It is therefore important that you should carefully read and understand all of the terms and conditions below. If you do not wish to agree to any of them, or do not understand any of them, you should raise any such concern with us, or ask us for an explanation before you agree to them. If you do not agree with these terms and conditions, you should not use this website.
The Company reserves the right to amend these terms and conditions from time to time. Amendments will be effective as soon as they appear on this website. If you continue to use this website after the terms and conditions that apply to its use are amended, you agree to be bound by the terms and conditions as amended.
The following words have the meanings set out next to them below:
- “You” means the person(s) whom has/have purchased a programme or other services from The Company
- “The Company” means 123 Tuition Ltd
1.1. The 123 Tuition Learning System website is owned and operated by 123 Tuition Ltd (‘the Company’), Registered office located at 2 Riverlea Road, Whenuapai, Auckland 0618, a company registered in New Zealand, Registration Number 8148009
1.2. The Company from time to time may offer additional services via this website or its associated websites and such educational programs, services and delivery mechanisms will be collectively referred to as the 123 Tuition System in these Terms & Conditions.
1.3. Your access to, and use of the 123 Tuition System is subject to these terms and conditions, whether or not you become a member of the 123 Tuition System services. Prior to using the 123 Tuition System, you should read and understand the terms and conditions of use
- Third-party content
2.1. Some products and services offered for sale or advertised via the Company are products, services and information provided by third-parties.
2.2. The products and information supplied by third-parties are protected by copyright and can only be used in accordance with the terms and conditions of use that apply to all services and information as stated for The 123 Tuition System services.
- Prices and products and services are subject to change
3.1. Prices are current at time of registering and will apply for the 123 Tuition System services ordered and provided, for the duration of the registration period agreed at that time.
3.2. Renewal of an 123 Tuition Learning System service is subject to the price at the time of renewal and applies specifically to the 123 Tuition Learning System being renewed or ordered at that time. The renewal prices should be reviewed and understood to specifically apply to the service/s being renewed or ordered from the date of renewal or purchase, until notice of amendment.
3.3. All prices displayed and products and services offered for supply on The 123 Tuition System are subject to change without notice.
- Our liability to you
4.1. The Services provided on the 123 Tuition System under this contract start on the date of purchase and are available for the Term shown on the Agreement.
4.2. The terms that apply to the supply of the 123 Tuition System are those expressly set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
4.3. We are not responsible for:
4.3.1. loss caused by factors which could reasonably be considered to be outside our control, such as faults in third-party equipment
4.3.2. loss of data
4.3.3. an inability to synchronise data due to change of service address, your failure to update or synchronise data correctly prior to disconnection, or failure of your internet services
4.4. Given the nature of telecommunication systems, particularly the internet, we cannot guarantee that The 123 Tuition System will always be available to you, or fault or virus-free.
4.5. Because no data transmitted over the internet can be guaranteed as completely secure, the Company cannot ensure the absolute security of the information you provide, and you agree to provide any information at your own risk. The Company will strive to protect such information, and take reasonable steps to preserve the security of your information once it is received.
4.6. The company has a Security & Passwords Policy, which you can read here, together with details of how to contact us if you have any concerns, or wish to make any changes to the permissions to use your personal data that you may have previously given us.
4.7. The Company, its directors, officers, employees and consultants are not responsible or liable to you for any damage or interference which is caused to your computer system that arises in connection with your use of this website, or any linked website
4.8. The 123 Tuition website may provide links to other websites for your interest and convenience, but do not control or endorse these linked websites. The Company, its directors, officers, employees and consultants are not responsible or liable for any of the content data, information, or any representations or advertisements that may be made at or which may appear at these websites.
- Your liability to us
5.2. The services provided are personal to your child/children; they have been selected for use by that/those particular child/children and you may therefore not assign, sell or otherwise transfer any of your rights or benefits under this Agreement to a third party
5.3. You will not withhold or reduce the amount due to the Company on account of any complaint unless the Company has received such complaint in writing. In any event, the you will not withhold more than a reasonable proportionate part of the sum due to the Company bearing in mind the alleged issue.
5.4. If any payments made by you to the Company by cheque or credit card are returned for re-presentation or dishonoured then you will be liable to the Company for any reasonable administration charges which the Company incurs in connection with the returned or dishonoured payments
5.5. We can terminate access to this website at any time without notice. If we do this, the disclaimer and all of the terms and conditions about our liability to you will still continue to apply
5.6. You have the Company’s permission to create links to our website from your website. If you are using frames, you should make sure that your links do not, when activated, continue to display your frames around 123 Tuition web pages.
5.7. You must ensure that you are not breaking any law that applies to you by accessing this website.
5.8. Whilst the Company takes reasonable steps to ensure that no viruses, worms, trojan horses or other destructive properties are present, you must take precautions to ensure the process you use to access this website does not expose you to the risk of viruses, worms, trojan horses, malicious computer code or other forms of interference which may damage your computer system, or the data which is stored on it.
- Use of your information and material
- Copyright, trademarks and intellectual property
7.1. Copyright and other intellectual property rights in this website and all of its content, data (including text, graphics, logos, icons, images, photographs, illustrations, audio clips, video clips and the underlying HTML files and database records) are owned either by the Company or other information providers who have licensed the Company to allow the use of their content on this website.
7.2. You must not reproduce, adapt, use, copy, modify, publish, create derivative works from, transfer, sell, transmit or display the content data or any of it in any form or by any means or process without our written permission. For written permission contact the Company by completing an enquiry form.
- General understanding
8.1. These terms and conditions, and your use of this website are governed by the laws of New Zealand. If a dispute arises in relation to it, the dispute must be subject to the exclusive jurisdiction of the courts of New Zealand.
8.3. If any part of these terms and conditions is held invalid, unenforceable or illegal by a court for any reason, then that part must be read down if possible. If that cannot be done then it must be severed and the balance of these terms and conditions will otherwise remain in full force.
8.4. The Company will try to resolve any disagreements which may arise quickly and efficiently, but if the Customer is not happy with the way the Company deals with any disagreement, the Customer may take Court proceedings against the Company
Disclaimer and liability
While due care and diligence is taken to ensure the accuracy and currency of the information on this website, the Company, its directors, officers, employees and consultants do not make any representation or warranty that the information is accurate or current. You should not rely upon its accuracy or currency.
The Company, its directors, officers, employees and consultants do not accept any responsibility for any error, omission, inaccuracy, misleading information or anything done or not done if you access, use, download, or act in reliance on any representation, information or data contained, linked or distributed through this website.
The Company, its directors, officers, employees and consultants do not guarantee or warrant that any information or files available for downloading from this website will be free of defects, or that access to the website will be timely and uninterrupted.
The Company, its directors, officers, employees or consultants will not be liable to you or anyone else on any basis for any direct, indirect, incidental, consequential, special, or punitive damages (including for any loss of profit, revenue, data, programs, information or business interruption) whatsoever and howsoever caused, arising from the access by you or anyone else to this website, or the use of, downloading of, or reliance by you or anyone else on any representation, information, product or service provided on or via this website.