Terms and Conditions

Mobile Application End User Licence Agreement (EULA)

IMPORTANT:BY DOWNLOADING, INSTALLING OR USING THIS NZQA MOBILE APPLICATION YOU AGREE TO BE BOUND BY THIS LICENCE AGREEMENT.

The New Zealand Qualifications Authority ("NZQA") End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and NZQA for the use of NZQA’s Mobile Applications on any mobile devices that are compatible with those Applications ("mobile device"), including associated software components, media, printed materials, and online or electronic documentation ("Mobile App").

Any reference in this EULA to a Mobile App must be read as including a reference to data, information and content made available through the Mobile App.  By downloading, installing, copying, or otherwise using the Mobile App, you agree to be bound by the terms of this EULA.  This EULA represents the entire agreement concerning the Mobile App between you and NZQA and it supersedes any prior proposal, representation, or understanding you may have with NZQA. If you do not agree to the terms of this EULA, you must not download, install or use the Mobile App.

NZQA (and its licensors) own all intellectual property rights in the Mobile App.

The Mobile App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Mobile App is not sold to you – it is licensed on the terms and conditions of this EULA only.

GRANT OF LICENCE

NZQA grants you the right to download, install and use the Mobile App on any mobile device you own or control.

This licence does not allow you to use the Mobile App on any mobile device that you do not own or control, and you may not distribute or make the Mobile App available to any third party, including, without limit, over a network where it could be used by multiple devices or persons at the same time.

The terms of the EULA will govern any upgrades provided by NZQA that replace and/or supplement the then current Mobile App, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will apply.

You may only use the Mobile App for personal use only.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

You must not remove or alter any copyright or other notices on the Mobile App.

You must not distribute copies of the Mobile App to third parties, including (without limit):

  • making available any data, content or other information from the Mobile App to any third party; or
  • renting, leasing, lending, sublicensing or otherwise making available the Mobile App to any third party.

You must not reverse engineer, decompile, or disassemble the Mobile App, except and only to the extent that such activity is expressly permitted by applicable law.

At NZQA’s option, NZQA may provide you with support services related to the Mobile App ("Support Services").  Any supplemental software code or other material (including documentation related to the Mobile App) provided to you as part of the Support Services shall be considered part of the Mobile App and subject to the terms and conditions of this EULA.  Support may be requested by sending an email to: studentapp@NZQA.govt.nz.  NZQA reserves the right to charge you for the provision of any Support Services.

You must comply with all applicable laws regarding use of the Mobile App and shall not use the Mobile App for any immoral, illegal or other purpose which NZQA determines to be threatening, abusive or harmful (including any purpose which is detrimental to the interests of NZQA).

You agree that NZQA may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) and which are related to the Mobile App.  NZQA may use this information, as long as it is in a form that does not personally identify you, to improve any of its products or to provide services or technologies to you.

The EULA is effective until terminated by you or NZQA.

Without prejudice to any other rights or remedies available to NZQA, NZQA may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must immediately remove all copies of the Mobile App in your possession.

You may only terminate this EULA by ceasing to use the Mobile App and removing all copies of the Mobile App in your possession.

To avoid doubt, termination of this EULA is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination and a party may take action against the other party under this EULA in respect of a breach of the EULA arising prior to the effective date of termination.

COPYRIGHT

All intellectual property rights, including but not limited to copyright, in and to the Mobile App and any copies of the Mobile App are owned by NZQA or its licensors.

All title and other intellectual property rights, including but not limited to copyright, in and to the data, information and content which may be accessed through use of the Mobile App is the property of the respective content owner and is protected by applicable copyright or other intellectual property laws and treaties.

All rights not expressly granted are reserved by NZQA.

NO WARRANTIES

NZQA expressly disclaims any warranty for the Mobile App. The Mobile App is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of accuracy, merchantability, non-infringement, or fitness of a particular purpose.  NZQA cannot and does not represent or warrant that the Mobile App will always be secure or error free or that it will always function without delays, disruptions or imperfections.

NZQA does not warrant or assume responsibility for the accuracy or completeness of any data, information, content, text, graphics, links or other items contained within or made available to you through the Mobile App.

NZQA makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall NZQA be responsible or liable for any direct or indirect damages, costs, and expense (including, without limitation, lost profits, lost revenue, business interruption, lost information or data, or any indirect, special, incidental or consequential loss) arising out of or in connection with your use of or inability to use the Mobile App, whether based in contract, tort (including negligence) or otherwise, even if NZQA has been advised of the possibility of such damages.

Without in any way limiting the effect of the previous paragraph and to avoid doubt, NZQA shall have no liability or responsibility whatsoever with respect to the data, information and content which you input into the Mobile App or any part of the Mobile App, including but not limited to, any liability or responsibility for any errors, omissions or misstatements contained in that data, information or content.

APPLICABLE LAW

This EULA is governed and to be construed by the laws of New Zealand and you accept that the New Zealand courts have exclusive jurisdiction to deal with any dispute, litigation or other matter relating to this EULA or the Mobile App.

SEVERABILITY

If at any time any provision of these terms is or becomes illegal, invalid or unenforceable in any respect, that provision shall be read down to become legal, invalid or unenforceable or, if this is not possible, deleted. The other terms of this EULA shall continue to apply with full force and effect.

 
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