Terms of Site
The terms that govern your use of the EarnLearn website

Site Owner

This website is owned and maintained by Energy and Infrastructure Industry Skills Board trading as EarnLearn. All references to “we”, “us” or “our” in these Terms are references to EarnLearn.

Accepting the Terms

These Terms govern the use of our website. By accessing or using a website governed by these Terms, you confirm that you accept these Terms and will comply with them.

Updating these Terms

These Terms may be revised from time to time by us displaying the changes in the most recent version of these Terms posted on our website. We may also send you an email. Any change made applies from the date it is posted. By using our website after any changes to these Terms have been posted or notified to you, you will be deemed to have accepted those changes.

Sign-in and Membership

In order to use certain features of our website, you may need to register an account and sign in. Where that is the case, you may be notified of additional terms that apply either by us displaying those on the website or emailing those to you.

Use of Website

Any use of, or interaction with, our website must comply with all laws, regulations, and mandatory rules that apply to you.

You must not use or interact with the EarnLearn website in a way that results in any disruption, corruption, or damage to our website or to any other person’s computer software or hardware.

You must not collect, store, or use any personal information of other users of our website unless they have expressly agreed to that.

Any information you submit through our website must be accurate, complete, and not misleading.

You must not transmit or input into our website any content or material that may be offensive or inappropriate for the audience of users or in violation of any law.

Unacceptable Content

We reserve the right to remove content you upload to or input into our website. If your contributions to the site, or to any associated social media channel, include material deemed unacceptable by EarnLearn, EarnLearn reserves the right to moderate, remove, hide, delete, or ban content or users for comments, messages, images, or links, including but not limited to content that contains:

  • offensive language
  • personal attacks of any kind
  • improper comments that target any group or individual based on ethnicity, race, gender, religion, faith, or sexual orientation
  • spam and/or trolling, including repeated posts, messages, or marketing content
  • content that infringes copyright or trade marks
  • misinformation
  • any other material we deem to be inappropriate

For the purposes of these Terms, “trolling” means behaviour intended to provoke, inflame, blame, or abuse others in order to escalate a situation.

Intellectual Property on the Website

Unless otherwise indicated, copyright in all material available on our website, including all components of the website, is owned by, or licensed to, Energy and Infrastructure Industry Skills Board trading as EarnLearn. Except as expressly described in these Terms, you do not have any rights in our website, or any of its components or content.

Any commercial exploitation of the content included on our website is expressly prohibited.

You may copy, store, reproduce, and distribute the content included on our website provided that:

  • it is not used for any commercial purpose
  • it is cited and credited to EarnLearn, and you explicitly acknowledge the content source and copyright status
  • it is not altered or modified in any way
  • it is reproduced accurately, is not used in any way that may mislead others, and is not used in a derogatory manner

However, this licence does not apply to any logos, emblems, and trade marks incorporated on our website, or to any design elements, photography, imagery, video, or audio recordings. It also does not extend to any material identified as being the property or copyright of a third party, including learners, employers, or other contributors. These may not be copied, stored, reproduced, distributed, incorporated into any other work, or otherwise used, in whole or in part, without written permission from the relevant rights holder.

You retain any rights you have in content you upload to our website. However, you grant us a licence to use this content for the purposes described in our Privacy Notice under the heading explaining how we use personal information. We do not take responsibility for any part of our website that displays third-party or learner-generated content. That content does not necessarily reflect our opinions, policies, or procedures, and we cannot guarantee its accuracy, authenticity, or suitability.

Availability of our Website

We cannot guarantee that our website will be error-free or that you will always have uninterrupted access. Access to our website may be interrupted or restricted from time to time for updates, maintenance, repairs, or for matters beyond our reasonable control.

Links

Our website may contain links to third-party websites that are not under our control. We do not endorse, and are not responsible in any way for, any information, content, or material available on those websites.

You may create a hyperlink to our website from another website, but that hyperlink must not be presented in a way that misleads, or suggests that we have an association with, or endorse, anything contained on that website.

Monitoring

Communications we have with you, for example electronic correspondence or telephone calls arising from your access to or use of our website, may be recorded for training purposes, to help ensure effective systems operation, or for other lawful purposes.

Unsolicited Email

Email addresses published on our website should not be taken as consent to receive unsolicited electronic messages. Any communication sent to an email address appearing on our website must comply with the Unsolicited Electronic Messages Act 2007.

Privacy

We are committed to complying with the Privacy Act 2020 when collecting, using, or dealing with your personal information.

Like many websites, we may collect information in connection with your visit to help us improve our website and provide you with access to certain functionality and services made available through it.

Your access to and use of our website is also subject to our Privacy Notice. Our Privacy Notice explains how we collect, hold, use, disclose, and protect your personal information, including personal information collected through our website. It also describes some of your rights in relation to your personal information.

By using our website, including by submitting personal information to us through our website, you acknowledge and agree to our Privacy Notice.

Disclaimers

No Warranties for Information on this Website

To the extent permitted by law, you agree that your use of, and reliance on, information on our website is entirely at your own risk. While we endeavour to ensure that the information on our website is accurate, we do not make any representation or warranty that the information provided is accurate, complete, or up to date.

All warranties, whether express or implied, as to the accuracy, currency, completeness, fitness for purpose, or usefulness of the information contained on our website are excluded to the extent permitted by law.

Nothing in these Terms affects any rights or remedies you may have under the New Zealand Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

Exclusion of Liability

You acknowledge and agree that:

  • to the maximum extent permitted by law, any and all liability of EarnLearn and its directors, officers, and employees to you under or in connection with these Terms, or your use of our website, is excluded
  • this exclusion applies regardless of whether liability arises in contract, tort including negligence, equity, statute, or otherwise, and whether such liability is for direct, indirect, consequential, or punitive loss or damage, or for loss of profit, income, data, business opportunity, or anticipated savings

It is your responsibility to ensure that the computer or device you use to access our website is secure and protected against viruses, worms, trojan horses, spyware, malware, or other destructive or harmful material.

Nothing in these Terms affects any rights or remedies you may have under the New Zealand Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

Waiver

If you breach these Terms and we do not immediately take action against you, we remain entitled to enforce our rights and remedies in respect of that breach or any other breach.

Severability

If any provision of these Terms becomes or is held to be invalid, unenforceable, or illegal, whether in part or in full, for any reason, that provision or the affected part of it will be severed from the remaining Terms, which will continue in full force and effect.

Governing Law

These Terms, your use of our website, any information contained on it, and any dispute arising out of such use are subject to the laws of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute arising in connection with use of the EarnLearn website.