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Find My Study Terms and Conditions

Last Updated: 11th August 2016

By using our Services, you agree to our terms and conditions, including any other policies, guidelines or rules listed. Use of our services include our website and mobile applications.

  1. Privacy

    Our approach to privacy is stated in our Privacy Policy. It should be read together with this document. Please review it to gain a full understanding of our practices.

  2. Jurisdiction
    1. Find My Study Limited is a New Zealand company. Our Services, including this website and our mobile applications is governed by, and is to be interpreted with the laws of New Zealand.
    2. Where there are differences and disputes cannot be resolved as provided in our Disputes Section of this agreement the laws of New Zealand shall be applied and any legal action(s) will be pursued in New Zealand law and under New Zealand legal process. Both Parties submit to the non-exclusive jurisdiction of the New Zealand courts.
  3. Definitions:

    In this policy:

    • “our”,"we",“us”,“FMS” or "Find My Study" means Find My Study Limited or any related Group company providing you with our services.
    • "you" means you, the person using our services, visiting our website, or using our mobile applications.
    • "services" means all goods or services we provide and anything else we do for you, including providing you with access to our website and mobile applications.
    • "institutes" means all education providers listed on Find My Study which may include universities, polytechnics, authorised agencies and other academic institutes.
    • "course" means educational material covered in a curriculum which is an NZQA approved qualification and is provided by an institute listed on Find My Study.
    • "living services" means all goods and services listed on Find My Study which may be provided by commercial listers, third-party partners or Find My Study.
    • "commercial lister" means an organisation, agency, or person who has signed up and are listed on Find My Study to sell their products and services.
    • "course lister" means an institute, education provider, or person who has signed up and is authorised to alter or modify specific course, institute and or campus information on Find My Study.
    • "government agency" or "government agent" means a person or agency who is registered and has authority to access any government services on Find My Study.
    • "employer" means a person or agency who is authorised to list internship or employment opportunities, and alter or modify their listings on our Services.
    • "trustee" means a person or agency who is authorised to verify students on our Services.
    • "friend" or "parent" means a person who is registered on our Services as a ‘parent’ or ‘friend’ of a prospective student. They have limited access to our Services in comparison.
    • "advertisers" means a person or agency who is authorised to advertise on our Services.
    • "advertise" or advertisement defined in these terms follows the same definition as outlined in the New Zealand Advertising Standards Authority’s Code of Practice.

      Advertisement is to be taken in its broadest sense to embrace any form of advertising and includes advertising which promotes the interest of any person, product or service, imparts information, educates, or advocates an idea, belief, political viewpoint or opportunity.
  4. Changes to our Terms and Conditions

    We may amend or make changes to these terms and conditions from time to time, including any other policies, guidelines or rules listed on Find My Study. The latest terms and conditions will always be available on our website. Any changes will be published on our website including the date of the changes. While we aim to keep these accurate and up to date some of the information we provide is provided by third parties, therefore we take no responsibility for the accuracy of information provided. We shall not responsible or liable for any error or omission in that information.

  5. Interpretation

    Headings at the beginning of each section in these Terms do not affect the interpretation of these Terms. References to clauses and sections are references to clauses and sections of these Terms, unless we state otherwise.

  6. Disclaimer
    1. Our Services are intended to provide users with information about courses, living services and any other related services we offer. We aim to keep information presented through our website and mobile application to be current and up to date. Though errors and omissions may occur.
    2. We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly resulted from any advice, opinion, information, representation or omission whether negligent or otherwise, contained by our Services.
    3. We take no responsibility for the content of advertisements appearing on our Services. Each advertiser is solely responsible for any representation made with their advertisement. The content or placement of ads on our Services does not mean we recommend or endorse the advertised products or service. For more information – see our Advertising Policy.
    4. You are solely responsible for the actions you take in reliance on the content on, or accessed, through our Services.
  7. Intellectual Property and Copyright
    1. All content included in or made available through Find My Study Limited, such as text, graphics, logos, images and data compilations is the property of Find My Study Limited or its content suppliers which is protected by the New Zealand Copyright Act 1994, and international copyright laws.
    2. We either own, or are licensed to use, the intellectual property rights in the Services provided to you, including all trade mark and design rights relating to the Services, and any software used in providing the Services.
    3. You may not without our prior written permission, in any form or by means:
      1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of our Services; or
      2. Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
    4. We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at disputes@findmystuy.com.
  8. Indemnity

    We are not liable for, and you indemnify us against, any loss (including, without limitation, loss of profits, data or business opportunity), cost, expense, demand or liability whether direct, indirect, consequential or other, and whether arising in contract, tort, equity or otherwise, which results from a claim alleging infringement of intellectual property rights due to:

    1. Use of the Services in combination by any means and in any form with software or equipment not specifically approved by us or in a manner or for a purpose not reasonably contemplated or authorised by us;
    2. Modification or alteration of any part of the Services or Equipment by any person other than us without our prior written notice; or
    3. Use of our data, information or software provided by any person other than us (“Third Party Materials”).
    4. We provide no warranty or indemnity for Third Party content.
    5. Notification of infringement. You will notify us as soon as possible of any actual, threatened or suspected infringement of our intellectual property rights and of any claim that use of the Services infringes the rights of any other person.
  9. Force Majeure

    We take no liability for any lack of performance, unavailability or failure of the Services we provide, or for any failure of us to comply with these terms and conditions where the same arises from any clause reasonably beyond the control of us.

  10. System Availability

    We take no responsibility for any system unavailability, or for any loss that is incurred as a result of our website or Service being unavailable.

  11. Resolving Disputes between you and other users

    Find My Study Limited is not a party to any sale or transaction between you and another registered user. You agree to not involve or attempt to involve Find My Study Limited in any dispute or in the resolution of disputes between you and another registered user for the Services provided.

  12. Complaints

    If you believe in good faith that an error has occurred; or you have a dispute or complaint relating to our Services, pricing of any of our Services we offer, or for any other reason you can make a complaint to us.

    1. All disputes or complaints must be made by email at disputes@findmystudy.com or in writing at:

      Find My Study Disputes,
      PO BOX 3122 Shortland Street Auckland,
      1140 New Zealand

    2. You must include all relevant information needed to understand or resolve your dispute or complaint.
    3. We will aim to respond to any issues you send to us within 20 working days. If there are any delays, you will be notified.
    4. We will aim to resolve, or at least respond, to your issue at first instance. However, we may need to conduct an investigation based from your complaint which may result in a longer response time.
    5. You agree to cooperate with us promptly to resolve any issues.
    6. Disputes relating to fees must be made within 5 working days of the order date.
    7. If we determine, in good faith, that any issues relating to fees does not in fact contain an error, we will notify you and, within 5 business days of receiving notice, you must pay the remaining fee.
    8. If the dispute relates to billing, or payment errors we may credit or debit, as applicable, the net difference between any discovered overcharge or undercharge.
  13. Resolving Disputes
    1. Both Parties will attempt to resolve any dispute relating to the Agreement at the lowest possible level of escalation. If the dispute is not resolved at that level, the dispute may be referred by either Party to the senior management or executives of either or both Parties and both Parties will then use their respective best endeavours to resolve the dispute within a further 40 Business Days. While following the above procedures to resolve the dispute, neither Party is relieved from its obligations under the Agreement and the Agreement remains in full force and effect.
    2. In the event of disagreements arising between the Parties over or concerning the Services the Parties will use all reasonable endeavours to resolve the disagreements.
    3. Where there remains a failure to agree the outstanding issues concerning the rights and liabilities of the Parties or any other matter arising out of or in connection with this Agreement, the Parties will, without prejudice to any other rights or entitlements they may have under this Agreement, explore immediately in good faith whether the dispute can be resolved by agreement between them in accordance with the following procedure;
      1. each Party will appoint a suitable senior representative who will meet within seven days to resolve the dispute. If the dispute is not resolved by them, then;
      2. the Parties agree to use informal dispute resolution techniques such as negotiation, mediation, independent expert appraisal or any other alternative dispute resolution techniques. The rules governing any such technique adopted shall be as agreed between the Parties.
  14. Enforcing Rights

    If we do not exercise or enforce any of these rights under these terms and conditions, it does not constitute a waiver of these rights.

  15. Partial Invalidity

    If any part or provision of these terms and conditions are held to be invalid, illegal or unenforceable that part or provision shall be severed. The remaining terms and conditions will still continue in full force.

  16. Pricing
    1. We aim to provide correct pricing information at all times. Though, you accept there may be items or services which may be mispriced or incorrect.
    2. We have no control over course prices listed on our Services. All course prices are provided by Government Agencies or the Institutes themselves. We take no responsibility for the accuracy of these prices which are listed on our Services.
    3. We have the right at any time, prior to our acceptance to your order, to withdraw any discount and/or to revise prices to take into account increases in cost including (without limitation) cost of any labour, the increase or imposition of any tax, duty or other levy and any variation in exchange rates.
    4. Any price, quotations and descriptions made on our Services are subject to availability. They do not constitute an offer and may be withdrawn at any time prior to our express acceptance of your order.
  17. Payment
    1. Payments must be made by credit card. Unless we have agreed to allowing you payment by way of monthly invoicing or direct debit.
    2. All credit card payments are processed by Payment Express. You may be subject to their terms and conditions, in addition to ours.
    3. Payment must be made by you in New Zealand dollars. If you are not based in New Zealand, your payment will be converted into New Zealand dollars at the current exchange rate by your credit card provider.
    4. Upon confirming an order through our Services, your credit card will be charged the total amount payable in respect of the order you have made during that session.
    5. Purchases made through our Living Services service may be subject to that Commercial Lister’s or third party partner’s terms and conditions. Additional costs may also apply.
  18. Refunds
    1. All sales made through our Services are final. Please double-check your order before finalising payment. Refunds will not be provided, unless required under sub-section (ii) of this clause.
    2. We will only provide refunds if required by law to do so, or in a special circumstance that we approve.
    3. If you have any disputes regarding pricing or believe a price is incorrectly listed, we may provide a refund upon express approval and investigation. Please contact us at disputes@findmystudy.com if you have any concerns or see our Disputes and Complaints policy.
  19. General Terms
    1. Use of our Services should be made in good faith.
    2. You must not list contact information within the description of listings, on comments or when providing feedback on our Services, unless expressly required. Contact information includes information such as your email address, phone number or any other contact detail.
    3. You must not use our Services to promote courses, items or services offered to avoid our fees.
    4. It is a breach of these terms if contact information is used with the purpose to bypass our fees or Services on Find My Study.
    5. Find My Study accounts are not transferable and therefore cannot be sold, leased, lent or traded.
    6. You must not damage, interfere with or harm the Services, or any network, or system (underlying or connected to them), or attempt to do so.
  20. Registration for an account
    1. You confirm that you have provided complete, accurate and current personal information as a registered user. You must keep this information current at all times.
    2. Find My Study holds the right to terminate your account at any time, and for any purpose.

      We may terminate your account based on:

      1. Serious complaint(s);
      2. Breach of terms and conditions;
      3. Fradulent or illegal activity;
      4. Any external conduct that puts us or the community at risk;
      5. If we find your behaviour unacceptable.
    3. You are responsible for keeping your login credentials safe and secure. We take no responsibility if your account is compromised.
  21. Updating Courses, Institutes and or Campuses

    One of our core services is providing information about courses and institutes offered around New Zealand. We work with New Zealand Qualification Authority (NZQA) approved education providers and course developers only.
    Institutes or Course Listers who are registered with us have the authority to only update certain information about their courses, institutes or campuses on our Services. The only way to list or remove a course is through the NZQA approval process.

    1. It is your responsibility to ensure you are legally allowed to update any course, institute and or campus information on our Services. This includes ensuring you do not impose anyone else’s rights.
    2. We reserve the right to remove any updates you provide that is in breach of these terms and conditions. We also hold the right to remove any information provided that we find to be unacceptable.
    3. Listings must not contain URLs outside of our Services. They may only include URLs back to our website, which contains further information for a course or institute listed. URLs should not be used to promote a business or website, or be used to bypass our fees or Services.
    4. Information you provide on our Services must be accurately represented. You have a responsibility to show accurate and current information.
    5. Course, Institute and or Campus Information listed on Find My Study is supplied by NZQA and Tertiary Education Commission (TEC), unless updated by you. If you have any disputes regarding any courses, institute information or campuses on our Services contact NZQA or TEC to update or remove them.
  22. Expression of Interest

    Expression of Interest is a service we provide to connect students with institutes, and vice versa. All information used is for educational and enrolment purposes only.

    • Responsibilities of Institutes
      1. Institutes have a responsibility to use all information provided by us in a lawful manner and in good faith.
      2. Information provided by us, through Expression of Interest, should be treated as confidential. It should only be used internally for enrolment or educational purposes only. This includes personal information we provide about students.
      3. Institutes agree to respond in a timely manner to Expression of Interest requests, with a maximum period of 2 working days. We may refer students to other institutes if no responsive is received.
      4. Institutes agree to not assert any ownership or other rights in respect of any information provided or made available through Expression of Interest.
      5. Any Expression of Interest purchases made by an Institute remain the property of the student and or Find My Study. By purchasing you gain the right to view that information only.
      6. Institutes agree to not use the information provided in creating any mailing or address lists of persons for direct marketing activities, telemarketing purposes, to sell the information to others or with the intention of encroaching on the privacy of others.
      7. We take no responsibility for the accuracy of the information provided about prospective students. Neither do we take any responsibility for any information provided which could be fraudulent or has been falsified by a student. While we encourage students to provide us with current and accurate information we cannot guarantee that it is.
    • Responsibilities of Students
      1. Students agree to keep their information up to date and accurate.
      2. Students who express interest with an institute may be subject to their terms and conditions, if they wish to continue with their enrolment process.
  23. Messaging, Comments & Feedback

    Messages, Comments and or Feedback you provide on our Services must not contain offensive, defamatory, retaliatory or inappropriate language or content. We may remove or edit any messages, comments or feedback that breach our terms and conditions, or if we consider it unacceptable for any reason.

  24. Emails and Promotions

    We will send you emails, relating to your registration as a user, transactions and other activities on our Services. We may send you emails for promoting and marketing purposes. You have the right to unsubscribe from the mailing list as outlined in the New Zealand Unsolicited Electronic Messages Act 2007.

  25. Advertising Policy
    1. In addition to the rules outlined in this section, Advertisers must follow the Principles and Guidelines set out in the ASA Code of Practice, and any other applicable or relevant codes stated in the New Zealand Advertising Code of Practice. For more information please visit www.asa.co.nz.
    2. Advertisers are responsible for understanding and complying with all applicable laws and regulations.
    3. Failure to comply with any of our terms may constitute a breach of these terms, and could result in the cancellation of your ads or termination of your account.
    4. If you are managing ads on behalf of other advertisers, each advertiser or client must be managed through separate ad accounts. You are responsible for ensuring that each advertiser complies with these Advertising Policies.
    5. We reserve the right to reject, approve, remove any ad for any reason, including ads that affect our relationship with our users, or that promote content, services, or activities that contradict our competitive position, interests or advertising philosophy.
    6. Ads must not facilitate or promote illegal products, services or activities.
    7. Ads targeted to minors must not facilitate or promote products, services or content that are inappropriate, illegal or unsafe, or that exploit, mislead or exert undue pressure on the age groups targeted.
    8. Ads must not contain any content which violates the rights of any intellectual property, copyright or trademark of any third party.
    9. All ads must not use our copyright or trademarks unless expressly permitted by us.
    10. Ads must not promote the following:

      1. Illegal or Recreational Drugs. This includes controlled drugs, as defined in the New Zealand Misuse of Drugs Act 1975;
      2. Tobacco products and related paraphernalia;
      3. Unsafe supplements;
      4. Weapons, ammunition, or explosives;
      5. Adult content, products or services;
      6. Alcohol;
      7. or gambling or gaming related content. This includes content which promotes or facilitates the use of real money.
    11. An ad must be relevant and appropriate to the product or service being offered and the audience viewing the ads.
    12. Ads must clearly represent the company, product, service, or brand that is being advertised.
    13. Ads must not imply we endorse your content or are partnered with you.
  26. Responsibilities of Commercial Listers

    Commercial Listers can list their products and services they offer on Find My Study’s Living Services, allowing students, friends and family users to purchase them.

    1. You have a responsibility to make all listings in good faith.
    2. You agree that all listings made will be accurate, relevant and complete. This include any information needed to purchase an item such as terms of sale, payment terms, shipping methods and the cost of shipping.
    3. All listings made must not be illegal, inappropriate, offensive, prohibited, unsafe or impede on the Intellectual Property rights or Copyright of others. This includes listings which could be considered defamatory, pornographic, or racist.
    4. You agree that all listings made will be in New Zealand dollars and include GST in the price.
    5. You agree to only list items that you have the legal right to sell, and that you can actually sell at the time of listing.
    6. All listings made must comply with New Zealand law.
    7. You cannot use our Services to sell an item that are of speculative nature including, but not limited to, pyramid or similar schemes.
    8. We have the right to remove any listing if we feel it is unacceptable or goes against our terms and conditions.
    9. Listings made may only include URLs for websites which contain further information for an item or service listed. It should not be used to promote additional products or services, a business or website, or be used to bypass our fees or Services.
  27. Intern and Employer Matching

    We provide Employers the opportunity to offer internships to prospective students on our Services, through our Intern Portal. This allows students to search for internship opportunities. Employers can register and then choose students they would be interested in offering temporary employment.

    • Responsibilities of Employer
      1. You have a responsibility to act in good faith between us and for prospective students.
      2. All listings made by you must be accurate, relevant and complete.
      3. You agree to only list employment opportunities that you have the legal right to offer, and that you can actually provide at the time of listing.
      4. All listings and employment opportunities must comply with New Zealand law.
      5. All employment agreements are made between you and the prospective student. We are not affiliated or involved in anyway.
      6. You have the responsibility to set up the conditions of work with your chosen student.
      7. You agree to be respectful to all prospective students and not to discriminate by race, gender, age, sexual orientation, gender identity, disability, appearance, origin, ethnicity or religion.
    • Responsibilities of Students
      1. You agree to only apply if you have a legal right to work in New Zealand at the time of the employment opportunity.
      2. You agree that any information provided, such as your CV, will be accurate, relevant and current at the time of submission.
      3. You agree that any terms of employment and employment agreements are made only between you and the employer. We are not affiliated or involved in any way with these agreements.
      4. You agree to act in good faith and in a professional manner with employers, during employment.
      5. You agree that you may be subject to other terms from your employer, in addition to these, following employment through our Services.
  28. Course Embellishments - Featured Listings

    Course Listers and Institutes can pay to promote and feature their courses or institutes listed on our Services. This allows related search results to stand out to users when they search with Find My Study.

    1. All purchases made are final. No refunds will be given, as outlined in section 14.
    2. We do not guarantee that your result will always be featured frist when a user searches on our Services.
    3. Any images that you add to your listings are your property. We do not impose or take ownership for them.
    4. All purchased features last for the time specified when promoting a listing.
      1. "day" means a calendar day.
      2. "month" means a calendar month.
  29. Entire Agreement

    These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.