Terms of Use

Application of terms

These Terms apply to your use of the Website. By accessing and using the Website:

• you agree to these Terms; and
• where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

Changes to this policy

We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

This policy was last updated on 14 October 2025.

Definitions

In these Terms:

• including and similar words do not imply any limit
• Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
• personal information means information about an identifiable, living person
• Terms means these terms and conditions titled Website Terms of Use
• Underlying System means any network, system, software, data or material that underlies or is connected to the Website
• User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
• We, us or our means Marley Perkins Education Limited
• Website means www.marleyperkins.co.nz
• You means you or both you and another person on whose behalf you are acting.

Privacy

Your use of the Website is also subject to our Privacy Policy. By using the Website, you agree to our collection, use, and disclosure of your personal information as set out in that statement.

Your obligations

You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

You must:

• not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
• unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

You must obtain our written permission to establish a link to our Website. If you wish to do so, you may contact us via the contact page of this Website.

You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms.

Intellectual property

We own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

User content

If you provide or upload any content to the Website, including text, images, files, or other material ("User Content"), you:

• grant us a non-exclusive, royalty-free, transferable, and worldwide licence to use, copy, modify, adapt, publish, and communicate the User Content for the purpose of operating and improving the Website and our services; and
• warrant that you have the right to provide the User Content and that it does not infringe the rights (including intellectual property rights) of any third party or breach any law.

We may remove any User Content at any time if we consider it inappropriate, offensive, or otherwise in breach of these Terms.

Age restrictions

The Website is intended for use by parents, guardians, and adult users. If you are under 18, you may only use the Website with the involvement and consent of a parent or guardian. By using the Website, you confirm that you are either over 18 or have such consent. Parents and guardians are responsible for the supervision of minors who use the Website.

Disclaimers

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

• the Website being unavailable (in whole or in part) or performing slowly;
• any error in, or omission from, any information made available through the Website;
• any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
• any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

Liability

To the maximum extent permitted by law:

• you access and use the Website at your own risk; and
• we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

Force majeure

We are not liable to you for any failure or delay in performing our obligations under these Terms where the failure or delay is caused by events or circumstances beyond our reasonable control, including natural disasters, epidemics, pandemics, acts of God, war, terrorism, labour disputes, telecommunications or network failures, power outages, or government restrictions.

Suspension and termination

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

General

If we need to contact you regarding these Terms, we may do so by posting a notice on the Website or via the Contact form available on the Website. You agree that this satisfies all legal requirements in relation to written communications.

These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.

For us to waive a right under these Terms, the waiver must be in writing.

Clauses which, by their nature, are intended to survive termination of these Terms continue in force.

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

Marley Perkins Limited
P O Box 31063
Christchurch 8444
(03)3513000