Banqer Limited, doing business as Banqer (the "Company"), owns and operates www.banqer.co and www.banqer.co.nz (the “Website”) and the services offered on the website and associated mobile applications (collectively, the “Service”).
1. Acceptance of the Terms
1.1 You are only permitted to access and use Banqer’s Services if:
b) if you are under the age of 18, your parent or legal guardian must have read, understood and agreed to the Agreement on your behalf,
and a school or similar educational institution (the “Institution”) has invited you to access and use Banqer’s Services.
1.2 In order to agree to this Agreement, you must communicate your consent this Agreement to the relevant Institution which provided you access to Banqer’s Services.
1.3 If you do not agree to the terms of this Agreement, you have no right to use the Website or Services and you must stop using it immediately.
2. Amendments to the Terms
2.1 We may amend this Agreement at any time by updating it on the Website. All amendments will be effective immediately upon an update being made. You are responsible for ensuring that you are familiar with the latest Agreement. If we make changes, we will post a notice on the Website, or send you a notice via email. Your continued use of the site will constitute acceptance of the amended Agreement.
2.2 Any disputes that may arise will be resolved under the terms of the Agreement in place at the time of the dispute.
2.3 This Agreement was last updated on 2 February 2015.
Access to the Services
3.1 As long as you are complying with all of the terms of this Agreement, the Company gives you permission to use the Service. The Company may change, suspend or discontinue all or any part of the Services at any time. The Company also may impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.
3.2 You represent to the Company that:
a) you are of legal age to form a binding contract (or, if you are a minor, you have your parent's or legal guardian’s permission to use the Services, and that your parent or legal guardian has read and agrees to this Agreement on your behalf); and
b) all registration information you submit is accurate and truthful.
3.3 If you are accepting this Agreement on behalf of an institution, company or other legal entity, you warrant that you have the authority to bind that institution, company or legal entity to this Agreement, where:
a) “you” includes you and that legal entity, and
b) to the extent your legal entity has a separate written agreement with the Company, that agreement will define the order of precedence between this Agreement and that separate agreement with respect to that relationship.
4.1 Students: if you are a student accessing the Services at the invitation of an Institution, the following terms apply to you:
a) you agree that you will not access or use the Services unless you are invited by an Institution who is authorised to give you access to the Service.
b) we request very minimal personal information from students to enable use of the Services – user names are assigned by the teacher, and students provide their own password after having one randomly generated. If you are a student, please do not send any personal information about yourself to us, other than what we request from you when you sign up for the Services.
c) by registering, you promise that your parents or legal guardians have given consent to your Institution, and that any consent provided to the Institution comes from your parent or legal guardian.
4.2 Teachers: if you are a teacher or other similar personnel accessing the Services on behalf of an Institution, the following terms apply to you:
a) you represent and warrant that you are acting on behalf of (or have permission from) your Institution to enter into this Agreement and to use the Services as part of your curriculum.
b) you will not permit children under the age of 18 to use the Services in any way unless you have obtained parental consent from the child’s parent or legal guardian.
c) only teachers and staff members who are current employees of the Institution may use the Services on the Institution’s behalf. Upon your termination of employment with the Institution, you must cease using all login details. If at any time you learn a user of the Services claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify the Company immediately.
5.1 Teachers or Institutions may be invoiced for providing access to and/or using the Services, unless on a Sponsored plan. Please refer to our pricing page for more information on payment and fees (“Fees”). The Company reserves the right to amend the Fees from time to time. The Company has the right to suspend or terminate your access to the Services if any payment of Fees in relation to that usage becomes overdue.
5.2 All Fees are exclusive of taxes (unless otherwise indicated), and the payer of Fees indemnifies and holds the Company harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
5.3 Where any third party charges are imposed in relation to the Services or as a result of any use of the Services, the Fees do not include those charges. You are responsible for any third party charges incurred in the use of the Services.
6. Social Media Features
6.1 The Company may, now or in the future, incorporate certain functions that allow you to interact with the Services through your accounts on certain third party services, such as social networks which offer ‘Like’ or ‘Share’ functions or similar features (“Third Party Account”).
6.2 If you choose to use such features, you grant the Company permission to access and use your Third Party Account for the purpose of processing your requests. Your use of the Third Party Account is subject to the applicable third party terms.
7. Website and Content
7.1 The Services, software and technology used in the provision of the Services (“Underlying Systems”) and the materials displayed or performed on the Website (including , but not limited to text, graphics, articles, photographs, images, illustrations — also known as the "Content") are intended solely for personal and non-commercial educational use and may only be used in accordance with the terms of this Agreement.
7.2 The Services, the Underlying Systems and the Content are protected by intellectual property rights, including copyright.
7.3 You shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever all or any part of the Services, the Underlying Systems, the Content, or third party submissions or other proprietary rights not owned by you:
a) without the express prior written consent of the respective owners, and
b) in any way that violates any third party right.
7.4 You may access the Services from home for personal non-commercial educational use only.
7.5 You shall not link to the Website without the Company’s prior written consent.
8. User Submissions
8.1 In the course of using the Service, you and other users may provide information which may be used by the Company in connection with the Service, and which may be visible to certain other users. You understand that by posting information or content on the Website or otherwise providing content, materials or information to the Company or in connection with accessing the Services (collectively, "User Submissions"), you grant the Company a perpetual, irrevocable, fully paid-up licence to use and disclose your User Submissions to provide the Services to you and other users.
8.3 You also grant each user of the Services a non-exclusive license to use the User Submissions for the permitted purposes of the Services as set out in these terms.
8.4 You may from time to time provide us with recommendations, contributions or suggestions (“Feedback”) in relation to the Service. If you provide us with Feedback, all intellectual property rights in that Feedback will be owned by us.
8.5 Furthermore, you understand that the Company retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that the Company will not be liable for any errors or omissions in any content.
8.6 You understand that the Company cannot guarantee the identity of any other users with whom you may interact with in the course of using the Service. Additionally, the Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party in connection with accessing the Service.
8.7 The Company does not guarantee that it will publish any of your User Submissions, and reserves the right to remove User Submissions from the Services at any time for any reason, including without limitation in connection with claims that your User Submissions infringe third party intellectual property rights.
8.8 Under no circumstances will the Company be liable in any way for any Content, including, but not limited to any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Submissions posted, emailed, accessed, transmitted, or otherwise made available via the Services.
9. Your Warenty
9.1 You warrant, represent and agree that you will not contribute any Content (including User Submissions) or otherwise use the Services in a manner that:
a) infringes or violates the intellectual property rights, privacy rights, or other rights of any third party;
b) violates any law, statute, ordinance or regulation or which would render the Company in violation of any applicable laws or regulations;
c) is harmful, fraudulent, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable; or
d) jeopardises the security of your account in any way, such as allowing someone else access to your account or password.
9.2 The Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receiving claims or allegations from third parties or authorities relating to such Content or if the Company is concerned that you may have breached the Agreement), or for no reason at all.
9.3 You remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Service, and you warrant that you possess all rights necessary to provide such content to the Company and to grant the Company the rights to use such information in connection with the Service.
10.1 You are responsible for all of your activity in connection with the Service. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services.
10.2 You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain the login details of any other user.
10.3 Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited.
10.4 You must not act in a way, or use, attempt to damage, interfere with or introduce anything (including, without limit, sending or posting spam, introducing any virus, robot, spider, scraper or other automated means to access the Services) that compromises the Services, or the Underlying Systems.
10.5 You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Underlying Systems.
10.6 You may not transfer your account to anyone without the express prior written consent of the Company.
11. Warranty Disclaimer and Limitation of Liability
11.1 The Company has no special relationship with or a fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding:
a) which users gains access to the Services;
b) what Content you access via the Service;
c) what effects the Content may have on you;
d) how you may interpret or use the Content; or
e) what actions you may take as a result of having been exposed to the Content.
11.2 The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
11.3 The Company makes no representation or warranty that the Content is appropriate or available for use in all countries, or that such Content or User Submissions satisfy the laws of all countries. If you choose to access the Services, you do so of your own initiative. You are responsible for ensuring that your access to the Services is not illegal or prohibited, and for your own compliance with applicable local laws.
11.4 You must take your own steps to ensure that the process which you use for accessing the Services does not expose you to the risk of viruses or other forms of interference which may damage your computer system or expose you to credit card fraud. The Company does not accept responsibility for any loss or damage arising out of or relating to your use of the Services of any linked site.
11.5 The Services, Content, Website and any software are provided on an "as is" basis, without warranties of any kind, either express or implied or statutory, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or error-free.
11.6 In no event will the Company, its officers or directors be liable to you or any other party for any direct, indirect, special or other consequential damages arising out of or in connection with:
a) your use of the Services, Underlying Systems, Website, Content, User Submissions, or third party materials;
b) the use or access of or inability to use or access the Services or any Content available through the Services; or
c) any interaction with a third party through or in connection with the Service, including other users, whether based in tort, contract, equity or breach of statutory duty – even if the Company is expressly advised of the possibility of such damages.
11.7 In no event will the Company, its officers or directors’ liability to you (in aggregate) for any damages incurred be in excess of the fees you have actually paid to the Company for use of the Services in the six months prior to your claim.
11.8 To the extent that the Company’s liability cannot be excluded, you agree the Company’s liability will be limited to the maximum extent permitted by law.
12. Registration and Security
12.1 In order to use the Service, you may be required to register with the Company and select a password and username ("User ID"). You shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.
12.2 You may not select or use as a User ID a name of another person with the intent to impersonate that person.
12.3 The Company reserves the right to refuse registration of or cancel a User ID in its discretion.
12.4 You shall be responsible for maintaining the confidentiality of your password.
13.1 You indemnify and hold the Company, its affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and legal fees) from any claim or demand made by any third party due to or arising out of:
a) your access to the Service, use or misuse of the Service;
b) your violation of this Agreement (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations); or
c) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
14. Third Parties
14.1 The Services may contain links to third party websites that are not owned or controlled by the Company, and include features that allow you to interact and communicate with third parties.
14.2 When you access third party websites or interact or communicate with third parties through the Service, you do so at your own risk.
14.4 In addition, the Company will not and cannot monitor, verify, censor or edit the content of any third party site. Your interactions with organisations and/or individuals found on or through the Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.
14.5 If there is a dispute between participants on this site, or between users and any third party, including another user, you understand and agree that the Company is under no obligation to become involved.
14.6 This Agreement is not intended to confer a benefit, whether under the Contracts (Privity) Act 1982 or otherwise, on any person who is not a party to the Agreement between you and the Company.
15.1 This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Services or your account at any time by emailing firstname.lastname@example.org
15.2 The Company may suspend or terminate your access to the Service, Website or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with your membership.
15.3 Upon termination of your account, your right to use the Service, access the Website, and any Content will immediately cease.
15.4 All provisions of this Agreement (including this section) which, by their nature, should survive termination, shall survive termination, including without limitation: ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.
16.1 If you believe another user has acted in breach of this Agreement or you wish to raise any other issue with us, you may contact us at email@example.com noting your complaint and providing information to support your complaint.
16.2 On receiving a complaint, we may, in our absolute discretion, choose:
a) to take no action;
b) to annotate, modify or remove any User Submission of the relevant user;
c) annotate, modify or remove any User Submission which relates to your complaint; and/or
d) restrict, amend, suspend or terminate the access of any user.
16.3 Where we choose to do any of the actions described above, we will notify the user and relevant teacher or Institution.
16.4 Except as set out in this section, the Company does not provide any assistance, dispute resolution or remedies in the event of a dispute between you and another user or any other person. Your rights and remedies against another user or other person are those at law.
17.1 The failure of either party to exercise any right provided for in this Agreement shall not be deemed a waiver of any further rights.
17.2 The Company shall not be liable for any failure to perform its obligations under this Agreement where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic or communications failure.
17.3 If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
17.4 This Agreement is not assignable, transferable or sub-licensable by you except with the Company's prior written consent. The Company may transfer, assign or delegate this Agreement and its rights and obligations without consent.
17.5 Both parties agree that this Agreement supersedes all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement between you and the Company relating to the subject matter of this Agreement.
17.6 No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind the Company in any respect whatsoever.
17.7 The relationship we have with you in connection with this Agreement is governed and construed in accordance with the laws of New Zealand, and is subject to the non-exclusive jurisdiction of the New Zealand courts.