Terms & Conditions

By accessing, using or downloading material from our websites you agree to follow and be legally bound by these terms and conditions. Our Terms of Use may change from time to time. When this occurs, we will notify our users of any changes.

iUgo WEBSITE

The iUgo Website (Website) is owned, operated and is copyrighted by us. It has been created with the express desire to assist schools and teachers with their planning on both a classroom and school-wide basis, building on what we already do well: helping teachers teach and students learn. While we respect that most users will operate their iUgo accounts and subscriptions in good faith and for the intended purpose, we expressly prohibit users from misusing or copying content in a manner not covered by their subscription.

We hold full intellectual property rights over the Website. No content, materials, formatting, images, or any other intellectual property of ours may be copied, published, broadcast, distributed, reproduced, or transmitted, or used in any other manner, except for the express purpose education-related planning.

For the avoidance of doubt, we do not claim intellectual property rights over any content that you create, store or share on the website.

USER LICENSE

Your subscription represents a license to access the Website for the purpose of education-related planning. The license can be granted either as a trial user, or a single individual subscription for use in a classroom or home, or within a school on a per teacher license, for use within the school or educational organisation. If you are an individual subscriber, you are permitted to share your planning with your school management for review, and your students. If you are a school subscriber, you are permitted share your planning with colleagues who are also subscribers to the Website and with your students. Sharing the Website and or any of its intellectual property, with any unsubscribed person will amount to a breach the user license, which will immediately terminate your license to use the Website or any of its intellectual property and may lead to liability.

PAYMENT OF FEES

As a subscriber, you authorise us to automatically charge you a recurring fee based on the billing frequency you select. You agree that you will be charged this fee as long as your subscription is active. The subscription fee entitles you to have complete access to the planning and organisational tools that the Website offers. Refunds will not be issued on active subscriptions.

REGISTRATION

You agree to the complete, current and accurate provision of all information as requested by the Website during the subscription process, including personal, organisation and payment information. Additionally, you are required to maintain and update your registration details, and maintain and manage subscription information through the Website ‘My Account’ function. Any subscription changes, including cancellation, should be initiated and administered by you, by emailing to info@iugo.co.nz. We reserve the right to suspend or terminate any account where we have reasonable grounds to suspect that information provided may be untrue, inaccurate, out of date, or incomplete. We reserve the right to suspend or terminate your account and to refuse any and all current or future use of the Website. Refunds will not be issued upon termination of your subscription.

PRIVACY

We may store personal information including but not limited to your name, physical address, IP Address, email address, and contact phone number.  We will keep your personal information secure on our server, we will not share, distribute, or reference your personal information except as required by law. On request, you are entitled to view any personal information we hold about you. For further information, please refer to our Privacy Policy.

ERRORS, INACCURACIES AND CORRECTIONS

We take pride in the quality of all our intellectual property, published, digital or online. From time to time mistakes, errors, inaccuracies, or omissions may occur. We reserve the right to correct any mistakes, errors, inaccuracies, or omissions and to change, update or amend information at any time without notice. Such corrections will normally be updated through all live accounts, but may not be retrospectively applied to historical plans.

SECURITY

Your access to and use of the Website may be subject to interruptions, restrictions or delays beyond our control, which may delay our services to you. We do not warrant or guarantee that the Website will be available to you continuously at any time or that the operation of the Website will be error free. Given the nature of the internet, we do not warrant that your access will be immediate, uninterrupted or that the material on the Website will be free from infection, viruses or destructive code.

ACTIONS AS A USER

You agree that all intellectual property, including information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person (Supplier or User) from which such Materials originated. You agree to not use the Website to:

1. Give, sell, or distribute iUgo materials to any non-subscribers
2. Upload, post, email or otherwise transmit any material that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful (including sexually, racially, or ethnically), or otherwise objectionable;
3. Harm minors in any way;
4. Impersonate any person or entity, including, but not limited to, any law enforcement officer, iUgo or Essential Resources employee, consultant, advisor, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
6. Upload, post, email, or otherwise transmit any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under any nondisclosure agreement);
7. Upload, post, email or otherwise transmit any Materials that infringe, contribute to the infringement of, or induce others to infringe, any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
8. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
9. Upload, post, email or otherwise transmit anything that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware;
10. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
11. Intentionally or unintentionally violate any applicable local, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
12. “stalk” or otherwise harass another Website user; or
13. Collect or store personal data about other users.

HYPERLINKS

Our Website may contain hyperlinks to other websites that are not operated by us.  These links are solely provided for the users convenience.  We will not monitor links to other websites and are not responsible for the content contained on any hyperlinked website.  The use of any hyperlink to another website is at the users risk.

THIRD PARTY SERVICES AND THE USE OF PLUG-INS

In addition to the Services and Materials provided by us, the Website also makes available services provided by Third Party Suppliers to increase site usability, functionality, and copyright protection. The Third Party Suppliers are governed by separate license agreements that accompany such services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Suppliers and the Services and Materials offered by the Website. You agree that you will not hold us responsible or liable with respect to the Third Party Suppliers or the services they provide or seek to do so.

TERMS AND CONDITIONS OF USE MAY CHANGE

We reserve the right to update or modify these Terms and Conditions of Use at any time, without notice. Your use of this Website following any such modification constitutes your agreement to follow and be bound by the Terms and Conditions of Use as modified. For this reason, we encourage you to review these Terms and Conditions of Use whenever using this Website.

TERMINATION

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by cancelling your subscription. If you terminate your subscription before its expiration date, your subscription will not renew. Your subscription, and access to the Website, terminate immediately after you unsubscribe. Be sure to unsubscribe before the first day of your next billing cycle or you will be charged for another period. You will not be refund should you fail to unsubscribe before your next payment date. We are not obligated to issue refunds for cancellation of service prior to the next payment date. This Agreement will terminate immediately, without notice from us, if you breach any term of this Agreement.

DISCLAIMER

We, and the Website make no representations or warranties with respect to Essential Resources Educational Publishers Limited or the contents of the Website, which are provided for use “as is” and “as available”. We and the Website disclaim all warranties, expressed or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to us and the Website and any website with which it is linked or content provided by Third Party Suppliers to the Website. We do not warrant or make any representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise.

LIMITATION OF LIABILITY

Under no circumstances shall we or the Website be liable for any special, incidental, or consequential loss or damage that results from the use of, or the inability to use, the materials on this website, even if we, or an authorised representative, has been advised of the possibility of such loss or damage. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential loss or damage, so the above limitation or exclusion may not apply to you. In no event shall we be liable to you for all damages, losses, or causes of action, whether in contract, or otherwise, exceed the amount paid by you, if any, for accessing the Website. Under no circumstances shall we be responsible for any loss or damage related to virus infection and the resulting corruption, destruction, or alteration of a user’s or supplier’s system (including files, software, and hardware located on their systems).

MISCELLANEOUS

This Agreement is the entire agreement between the parties and shall be governed by New Zealand law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. We do not guarantee continuous, uninterrupted, or secure access to its services, and operation of this Website may be interfered with by numerous factors outside of its control. If any provision of these Terms & Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms & Conditions of Use and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. The failure of us to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

PERMISSION FOR REPRINTS

All material on the Website, without limitation, is protected by Australian and international intellectual property laws, including, specifically, copyright laws. In order to receive permission to reprint any material on this Website (outside of personal, non-commercial use), please email support@iugoplanner.com