Terms of Service
Access to and use of ‘www.ThinkSharp.co.nz' (including any online courses and tutorials) (‘the Service’) within New Zealand and internationally is provided by Think Sharp Limited (‘we’, ‘us’ or ‘our’) on the following Terms of Service.
By using the Service you agree to be bound by these Terms of Service, which shall take effect immediately on your first use of the Service. If you do not agree to be bound by all of the following Terms of Service please do not purchase access to, use and/or contribute to the Service.
1. Use of the Service
1.1 You agree to use the Service only for lawful purposes. You may not use the Service or any part of it for commercial purposes.
1.2 You must only use the Service in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of www.ThinkSharp.co.nz and other elements of the Service including the online short course suites’ Piazza Q&A forums. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Service.
1.3 We operate a ‘fair use’ policy to protect the quality of service to our users. If we believe you are using excessive bandwidth or your use of the Service is adversely affecting our network (or any part of it) or our other users we reserve the right to manage or regulate your usage of the Service. This may include temporarily suspending your user account and access to the online short course material hosted on www.ThinkSharp.co.nz.
2.1 Think Sharp Limited reserves the right to make change to these Terms and Conditions from time to time and so you should check these Terms and Conditions regularly. Your continued use of the Service will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease using the Service.
2.2 If there is any conflict between these Terms of Service and specific local terms appearing elsewhere on the Service (including community rules) then the latter shall prevail.
3.2 To register on this website and use the Services you must be over eighteen years of age.
3.3 All new user accounts will be initially subscribed to the Think Sharp Newsletter. Users are free to unsubscribe at any time and can also re-subscribe at any time as long as their user account is still active.
3.4 You must ensure that the details provided by you on registration or at any time are correct and complete.
3.5 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
3.6 All user accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
3.7 You must keep your password and user name confidential and not disclose them or share them with anyone. If you know or suspect that someone else knows your password you should notify us immediately completing the contact form on www.ThinkSharp.co.nz which is accessed by clicking the Contact Us tab.
3.8 If Think Sharp Limited has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account.
3.9 Think Sharp Limited reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
3.10 If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
4. Intellectual property
4.1 All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Service and all content (including all applications and materials) located on or available through the Service shall remain vested in Think Sharp Limited.
4.2 You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use www.ThinkSharp.co.nz content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any www.ThinkSharp.co.nz content except for your own personal, non-commercial use. Any other use of www.ThinkSharp.co.nz content requires the prior written permission of Think Sharp Limited.
4.3 The names, images and logos identifying Think Sharp Limited or third parties and their products and services are subject to copyright, design rights and trade marks of Think Sharp Limited and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trade mark, design right or copyright of Think Sharp Limited or any other third party.
5. Availability of the Service
5.1 Although we aim to offer you the best service possible, we make no promise that the Services available at www.ThinkSharp.co.nz or Piazza.com will meet your requirements. We cannot guarantee that the Service will be fault-free. If a fault occurs with the Service you should report it to using the contact form on www.ThinkSharp.co.nz accessed by clicking the Contact Us tab and we will attempt to correct the fault as soon as we reasonably can.
5.2 Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.
6. Think Sharp Limited’s right to suspend or cancel your registration
6.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms of Service.
6.2 The suspension or cancellation of your registration and your right to use the Service shall not affect either party’s statutory rights or liabilities.
7. Disclaimers and limitation of liability
7.1 ALL CONTENT PROVIDED ON OR THROUGH THE SERVICE, INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO THINK SHARP LIMITED, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, THINK SHARP LIMITED EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED BY LAW), INCLUDING THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. THINK SHARP LIMITED DOES NOT GUARANTEE THE TIMELINESS, COMPLETENESS OR PERFORMANCE OF ANY ASPECT OF THE SERVICE OR ANY OF ITS CONTENT. WHILE WE TRY TO ENSURE THAT ALL CONTENT PROVIDED BY THINK SHARP LIMITED IS CORRECT AT THE TIME OF PUBLICATION NO RESPONSIBILITY IS ACCEPTED BY OR ON BEHALF OF THINK SHARP LIMITED FOR ANY ERRORS, OMISSIONS OR INACCURATE CONTENT ON THE SERVICE.
7.2 NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES THINK SHARP LIMITED'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE. SUBJECT TO THE PREVIOUS SENTENCE, NEITHER THINK SHARP LIMITED NOR ANY OF ITS OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGES (WHETHER SUCH DAMAGE OR LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF DATA; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS OF OPPORTUNITY OR ANTICIPATED SAVINGS; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF THE SERVICE REGARDLESS OF THE FORM OF ACTION.
7.3 THINK SHARP LIMITED DOES NOT WARRANT THAT FUNCTIONS AVAILABLE ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO IMPLEMENT SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT.
8. Applicable law
8.1 These Terms of Service will be subject to the laws of New Zealand. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within New Zealand.
9. International use
9.1 Accessing the Service from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Service from locations outside New Zealand, you do so on your own initiative and are responsible for compliance with local laws.
10.1 If any of these Terms of Service are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Service are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Service and the remaining Terms of Service shall survive and continue to be binding and enforceable.
10.2 You may not transfer any of your rights under these Terms of Service to any other person. We may transfer our rights under these Terms of Service to another business where we reasonably believe your rights will not be affected.
10.3 If you breach these Terms of Service and Think Sharp Limited chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms of Service.
10.4 Think Sharp Limited shall not be responsible for any breach of these Terms of Service caused by circumstances beyond its reasonable control.
11.1 The Service is owned and operated by Think Sharp Limited a company registered in New Zealand and whose registered office address is at 44R Ngaoho Place, Parnell, Auckland 1010.
11.2 If you have any queries please use the contact form on www.ThinkSharp.co.nz accessed by clicking the Contact Us tab.
These terms relate to the paid-for online short course services supplied to you through the www.ThinkSharp.co.nz website (the “Online Course Service(s)”) and should be read in conjunction with our General Terms of Service above which shall also apply save where they are inconsistent with these terms.
12. Prices and payment
12.1 Your order is an offer to purchase Online Course Services from us. The Online Course Service will be made available to you once your payment has been authorised and the course session has started. There will be no contract of any kind between you and us unless and until you make authorised payment for the Online Course Service. At any point up until then, we may decline to supply the Online Course Service to you without giving any reason.
12.2 The fee for the Online Course Service is calculated and payable in advance of the course start date as set out on www.ThinkSharp.co.nz. Think Sharp Limited shall be under no obligation to provide the Online Course Service until the fee has been paid.
12.3 All prices are expressed in New Zealand dollars and are exclusive of any New Zealand Goods and Services Tax (GST) payable unless otherwise stated.
12.4 Your credit/debit card details are not handled by Think Sharp Limited. All payment and all credit card handling is through the third party, PayPal Inc. Authority for payment must be given at the time of placing your order.
13.1 Within two business days of purchase, a confirmation email will be sent to the customer acknowledging payment and containing information explaining how to access the course content.
13.2 Course content hosted on www.ThinkSharp.co.nz and Piazza.com are intended to be available 24 hours a day, 7 days a week with the exception of unforeseen outages due to server failure or maintenance.
13.3 Each online short course must be completed within one calendar year unless prior written agreement has been made between the Course Participant and Think Sharp Limited.
14. Using the Online Course Service
14.1 Please read the description for the Online Course Service carefully before placing your order as refunds cannot be given (see section 18 below).
14.2 Think Sharp Limited warrants that it has the right to provide the Online Course Service and will use all reasonable skill and care in making the Online Course Service available to you and in ensuring its availability. Because of the nature of the Internet, errors and omissions do occur and Think Sharp Limited does not give any other warranties in respect of the Online Course Service.
14.3 Think Sharp Limited is continually seeking to improve the Online Course Services. Think Sharp Limited reserves the right, at its discretion, to make changes to any part of any Online Course Service provided that it does not materially reduce its content or functionality.
14.4 In the event that Think Sharp Limited withdraws or is permanently unable to deliver a particular Online Course Service a full refund will be given.
15. Posting of content
15.1 The Online Course Services allow you to post content to the respective online short course suite’s Piazza Q&A forum hosted on the Piazza.com website including asking questions about the course content and taking part in discussions.
15.2 All content which you provide or upload to our website shall be subject to the relevant provisions of our Terms of Service and Piazza.com’s own Terms of Service.
16. Fair use policy
16.1 We operate a ‘fair use’ policy to protect the quality of our Online Course Services. If we believe your use of a Online Course Service is taking up excessive bandwidth or your use of a Online Course Service is adversely affecting the provision of the service (or any part of it) to other users, or other users’ enjoyment of the service, we reserve the right to manage or regulate your usage of the Online Course Service. This may include temporarily suspending your user account and/or access to the Online Course Service.
17. No commercial use
17.1 Subject to clause 16.2, all Online Course Services are available for non-commercial use only. Think Sharp Limited reserves the right to refuse orders from businesses that we consider are for commercial concerns. You may not re-sell or make available to any third party the Online Course Services.
18. Cancellation and refunds
18.1 Refunds cannot be made for downloadable digital items.
18.2 Cancellation and refunds are available for purchasers of Online Course Services only within 7 days of purchase. If dissatisfied with the service, please request a refund using the contact form on www.ThinkSharp.co.nz, which is accessed by clicking the Contact Us tab.
18.3 It is not possible to cancel or postpone your course, apart from under the circumstances in item 18.2 above.
18.4 Your access to the Online Course Service may be terminated by written notice if you are in material breach of these terms and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe your breach of these terms affects our lawful operation of the Online Course Service or third party customers we may suspend your access to the Online Course Service at any time.
19.1 In these terms “Think Sharp”, “we”, “us” or “our” refers to Think Sharp Limited a company registered in New Zealand and whose registered office address is at 44R Ngaoho Place, Parnell, Auckland 1010.
19.2 If you have any queries please use the contact form on www.ThinkSharp.co.nz accessed by clicking the Contact Us tab.
Think Sharp Limited company registration no. 5619948.