Terms of Use – He Kura
These Terms of Use were last updated on 26 February 2025.
1. Application of these terms
1.1 NAIA owns and provides the He Kura educational course offered at www.hekura.nz (He Kura) and which is hosted on the Teachable platform owned and operated by Teachable, Inc. (Teachable).
1.2 This document outlines the terms and conditions that you must abide by in order to access He Kura (Terms).
2. Definitions
2.1 In these Terms:
(a) Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted, during your use of He Kura.
(b) Fees means the fees charged in consideration for granting you a licence to access He Kura as:
(i) listed at the online checkout when purchasing a Licence via the Teachable platform; or
(ii) as set out in the document agreed between you and us when purchasing Licences in bulk.
(c) Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
(d) Licence means a licence for an individual user to access He Kura.
(e) Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
(f) Personal Information means any information about an identifiable individual.
(g) Privacy Policy means the policy that can be accessed at https://www.hekura.nz/p/privacy.
(h) Terms means the terms and conditions contained on this https://www.hekura.nz/p/terms.
(i) Underlying System means any network, system, software, data or material that underlies or is connected to the Website.
(j) Us, we, our means NAIA.
(k) User means an individual that holds a current Licence.
(l) User ID means a unique name and/or password allocated to you to allow you to access certain parts or features of our Website.
(m) Website means www.hekura.nz.
(n) You means you, or, if acting on behalf of a third party, you and that third party on whose behalf you are acting.
3. Relevant Terms
3.1 In order to access He Kura, you must:
(a) accept these Terms, which govern your access and use of He Kura, as between you and NAIA;
(b) accept our Privacy Policy; and
(c) accept any applicable terms set by Teachable (including any terms of use, privacy policy, and any terms or policies relevant to your use of the Teachable platform) (together the Teachable Terms).
3.2 To the extent that these Terms and the Teachable Terms conflict, the Teachable Terms shall take precedence.
4. Acceptance of Terms
4.1 By enrolling in He Kura you agree to be bound by, and comply with, both these Terms and the Teachable Terms.
4.2 Where you enrol in He Kura on behalf of another person, you confirm that you are authorised to, and do in fact, agree to these Terms and the Teachable Terms on that person's behalf and that, by agreeing to these Terms and the Teachable Terms on that person's behalf, that person is bound by those terms.
5. Changes to Terms
5.1 We may make changes to these Terms at any time by notifying you of the change by email. Any changes will take effect from the date set out in the notice.
5.2 Teachable may make changes to the Teachable Terms from time to time in accordance with those terms. We encourage you to regularly review the Teachable Terms so that you remain aware of the terms that govern your access and use of the Teachable platform.
6. Licence to access Product
6.1 By enrolling in He Kura, agreeing to these Terms and paying the Fees, we grant you a Licence to access He Kura for a period of 12 months (Licence).
6.2 To be eligible to obtain a Licence, you must:
(a) be:
(i) at least 18 years of age; or
(ii) between the ages of 13 – 17, and have obtained your parent or guardians' consent to enrol with He Kura; and
(b) not otherwise prohibited from obtaining a Licence by us or Teachable.
6.3 For the avoidance of doubt, our provision of the Licence to you is non-exclusive. Nothing in these Terms prevents us from providing licences to access He Kura to any other person, or otherwise limits our rights to deal with He Kura as we see appropriate.
7. Your obligations
7.1 When you access He Kura, you must ensure that:
(a) the Licence is only used by the individual to whom that Licence is allocated;
(b) all access is in accordance with these Terms and;
(c) all access is in accordance with the Teachable Terms (and any other third party terms that may apply when accessing He Kura).
7.2 When you access He Kura, you must not:
(a) resell or make available He Kura to any other person;
(b) attempt to gain unauthorised access to, or impair any aspect of, He Kura;
(c) manipulate the content we have provided via He Kura or the Teachable platform (including via the alteration of the underlying HTML, CSS, or any other code or through the use of image editing tools) and subsequently purport that the modified content or appearance of He Kura was published or approved by us;
(d) appropriate our data by any means, including via replication, scraping, deep-linking, harvesting, data mining, reverse-engineering, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method;
(e) act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, He Kura or any Underlying System, or otherwise attempt to damage or interfere with the Product or any Underlying System; or
(f) attempt to gain unauthorised access to or impair any aspect of He Kura or any services of Teachable or NAIA.
8. Fees
8.1 Fees for He Kura shall be charged as follows:
(a) where you purchase an individual licence at www.hekura.nz, the Fees shall be the price displayed to you at the checkout when purchasing access to the course, and such Fees shall be payable immediately; or
(b) where you are purchasing Licences in bulk directly from us, at the price and on the payment terms specified in invoice provided by us.
8.2 All Fees:
(a) include GST unless otherwise stated; and
(b) all Fees are non-refundable.
8.3 If you require a GST receipt following your purchase of He Kura, you may request one from us by emailing us at [email protected].
8.4 If your payment is reversed, or you otherwise fail to pay any Fees owing to us from time to time, we may suspend or terminate your Licence pursuant to clause 15.1.
9. Data and Privacy
9.1 You agree that:
(a) we may require access to Data to exercise our rights and perform our obligations under these Terms; and
(b) to the extent necessary, we may authorise a member or members of our personnel to access the Data for this purpose.
9.2 In addition to the matters outlined in clause 9.1, you further acknowledge and agree that:
(a) to the extent that data contains Personal Information, in collecting, holding and processing that information, we are acting as your agent for the purposes of the Privacy Act 2020;
(b) you have read and agree to both our Privacy Policy and any applicable privacy policies or statements of Teachable's; and
(c) if you are signing up on behalf of someone else, you confirm that you are authorised to accept the privacy documents referred to in 9.2(b) above on behalf of that third party, and that you in fact agree to those documents on behalf of the third party.
9.3 You grant us an irrevocable, perpetual licence to use the Data for the purposes outlined in this clause 9.1 and our Privacy Policy, and for any ancillary purposes related to our provision of the He Kura or our activities generally.
9.4 You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property rights and privacy rights) or that the Data is otherwise incorrect, misleading, objectional otherwise unlawful.
10. User accounts
10.1 As part of the enrolment process for He Kura, you will be required to make a User ID.
10.2 The creation of a User ID requires you to provide us with some Personal Information about you, and to explicitly consent to our collection, processing, and use of this Personal Information. This includes your name and email address.
10.3 By making a User ID with us, you warrant to us that:
(a) you have read, understood and accepted our Privacy Policy (and any applicable third party privacy policies).
(b) you are providing true, current and complete Personal Information.
(c) when the Personal Information provided to us changes, you will promptly update that information on He Kura, or otherwise notify us of the changes,
noting that failure to comply with these warranties may result in you being unable to use certain (or all) features of He Kura.
10.4 You must:
(a) keep the password for your User ID secure;
(b) not permit any other individual to use your User ID;
(c) immediately notify us if you become aware of any disclosure or unauthorised use of your User ID;
(d) not impersonate or create an account on behalf of anyone else (unless authorised to do so pursuant to clause 4.2); and
(e) not create more than one User ID for your own use.
11. Intellectual property
11.1 We (and where applicable, our licensors) own all proprietary and Intellectual Property Rights in the Product (including but not limited to all information, data, text, graphics, artwork, photographs, names, logos, icons, sound recordings, videos and design) and the Underlying Systems. No part of the Product may be distributed or copied for any commercial purpose and you are not permitted to incorporate any of our Intellectual Property into any other work or publication without our prior written consent.
11.2 You will retain all Intellectual Property Rights in all Data that you provide to us. However, in providing this Data to us, you grant us the rights in respect of that Data outlined in clause 9.
11.3 Notwithstanding clause 11.2, if you provide us with ideas, comments, or suggestions relating to the Product or our delivery of them:
(a) all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including any new materials, enhancements, modifications or derivative works) are owned solely by us; and
(b) we may use or disclose that feedback for any purpose.
12. Warranties
12.1 Each party warrants that it has full power and authority to enter into, and perform its obligations under, these Terms.
12.2 To the maximum extent permitted by law:
(a) our warranties are limited to those set out in the Terms, and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise (including any warranty under Part 3 of the Contract and Commercial Law Act 2017) are expressly excluded; and
(b) we make no representation that the Product will meet your requirements or be suitable for a particular purpose.
12.3 Where you are a business and you purchase Licences in trade, you agree and represent that:
(a) to the maximum extent permissible by law, the Consumer Guarantees Act 1993 and any other applicable consumer protection legislation does not apply to the supply of the Service or these Terms; and
(b) it is fair and reasonable that the parties are bound by this clause 12.
13. Limitation of liability and Indemnification
13.1 Nothing in these Terms negates or constrains any rights you may have under the law that cannot be excluded.
13.2 To the maximum extent permitted by law, we and our Licensors have no liability to you or any other person for any Loss in connection with:
(a) He Kura being unavailable or any suffering any temporary performance issues, including where the Teachable platform suffers any outage;
(b) the restriction of your access to He Kura by us or Teachable due to your breach of the Terms or the Teachable Terms;
(c) any errors in the content of, or omission of content from, He Kura;
(d) any privacy breach suffered by a third party (who you have authorised us to disclose your Personal Information to);
(e) any exposure to viruses or other forms of interference which may damage your computer system, mobile device or any other device you are accessing He Kura from.
13.3 In addition to the exclusions set out in clause 13.2, to the maximum extent permitted by law:
(a) you access and use He Kura at your own risk; and
(b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Teachable Terms, He Kura, or your access and use of (or inability to access or use) He Kura. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
13.4 To the maximum extent permitted by law and to the extent that clause 13.3 and 13.4 do not apply, we limit our total liability to you to the amount of Fees paid by you to us pursuant to clause 8.4.
13.5 Neither party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other party or its personnel.
13.6 Subject to clause 13.5, you indemnify us and our directors, employees and agents for all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms.
14. Linking
14.1 He Kura may include links to third party materials and websites. Such links do not imply control, endorsement, affiliation or approval of or responsibility for those sites and their contents, operations, products or operators. Such links are for your convenience only. We will not be liable for any direct or indirect loss or damage suffered by you when accessing and interacting with any linked websites.
15. Suspension
15.1 If we consider that you have breached these Terms or the Teachable Terms we may immediately, and without notice, suspend your Licence and limit your ability to access He Kura.
15.2 For the avoidance of doubt, suspension of your Licence pursuant to clause 15.1 has no impact on the duration of the Licence.
16. Termination
16.1 Unless terminated earlier pursuant to the remainder of this clause 16, these Terms and the Licence they confer persist until the end of Licence term.
16.2 Either party may, by notice to the other party, immediately terminate these Terms and your Licence if the other party:
(a) breaches any material provision in these Terms and:
(i) the breach is not remedied within 10 days of the receipt of a notice from the first party requiring it to remedy the breach; or
(ii) the breach is incapable of being remedied; or
(b) becomes insolvent, liquidated or bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee's or chargee's agent appointed, becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason.
16.3 We may terminate these Terms and your Licence if we cease to offer He Kura for any reason.
16.4 Unless we terminate these Terms and your Licence pursuant to clause 16.3, you will not be entitled to a refund of any Fees that you have already paid. Should we terminate these Terms and your Licence pursuant to clause 16.3, you will be entitled to a pro-rata refund of the Fees paid for the period for which you will not have access to He Kura.
16.5 Termination of these Terms and your Licence does not affect either party's rights and obligations that accrued prior to termination (except where otherwise expressly stated).
17. Assignment
17.1 You cannot assign or transfer any of your interests in relation to these Terms without our prior written consent.
17.2 We may transfer any or all of our interests and obligations under these Terms to any affiliate, entity we enter into a joint venture with or any entity that we are sold to or merged with without notice to you. If we do this we will not be held liable for any subsequent breach of these Terms by the assignee.
18. General
18.1 If we do need to contact you, we may do so by email. You agree that this satisfied all legal requirements in relation to written communications.
18.2 For us to waive a right under these Terms the waiver must be in writing.
18.3 Causes which, by their nature, are intended to survive termination of these Terms (including clauses 9, 11, 12, 13, 14, 16.4, 16.5, 17, 18, 19) continue in force.
18.4 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
18.5 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
19. Governing law
19.1 These Terms, and any dispute relating to these Terms or the Product, are governed by and must be interpreted in accordance with the laws of Aotearoa New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of Aotearoa New Zealand in relation to any dispute connected with these Terms or He Kura.
20. Contact us
20.1 If you have any queries or requests concerning these Terms or any complaints about our Product please contact us at [email protected].