Terms and conditions

William Pike Challenge – Terms of Use

 

Application of Terms

By using the Platform, you confirm that you accept and agree to comply with these Terms, whether or not you create an Account. Please also read our privacy policy, because it will apply to all information you provide to us and forms part of these Terms. By accepting these Terms, you also accept our privacy policy.
If you do not agree to be bound by these Terms including our privacy policy, you must not use any part of our Platform.
If you accept these Terms on behalf of a company or other legal entity, you warrant that you have the authority to bind that entity to these Terms.
We also recognise the need to provide additional protections for children who may use the Platform. If you are under the age of 18, or you are reading this privacy policy on behalf of a child you have parental responsibility for, please refer to clause 10 “Children’s privacy”.
Changes
We can change these Terms at any time by providing you at least 30 days’ prior notice of the change, whether via our Site, by sending you an email. Your continued use after that notice means that you agree to the changed Terms.
Definitions
The following words and phrases have specific meanings wherever you see them used in these Terms:
Account means a Participant’s account and Teacher account on the Platform.
Content means computer code, text, graphics, images, music, software, audio, video, information or other digital materials.
Challenge Hub means the web application at www.wpca.co.nz which provides a management tool for Teachers and an interactive platform for Participants to record their journey through the Programme.
Parent means a parent or other person who has parental responsibility for a user of the Platform who is under 18 years of age.
Participant means a student who is recorded on the Participant List for a School.
Participant List means a list of students who have been authorised by a School to participate in the Programme.
Platform means the systems (including the Site and other systems) we provide to facilitate the Services.
Programme means the William Pike Challenge programme.
Services means the provision of the Platform to facilitate the Programme and any other services provided from time to time.
School means a school or group which has received a licence from TPEL to provide the Programme to its students.
Site means the TPEL website at www.williampikechallenge.co.nz and Challenge Hub website at www.wpca.co.nz.
Teacher means a person appointed by a School to be responsible for the delivery of the Programme.
Terms means these terms of use.
TPEL means the Pike Experience Limited registered under company number 2160545 with its registered office c/o Good for Business, Level 3 33-45 Hurstmere Road, Takapuna, Auckland, 0622 , New Zealand, and our, us and we used in these Terms refer to TPEL.
you means the person who accepts these Terms in accordance with clause 1.1.
Our Services
We provide the Challenge Hub to as a management tool for Teachers and an interactive tool to help Participants record their journey through the Programme. We do not deliver the Programme to Participants. The School is responsible for delivering the Programme to Participants.
We have not conducted any checks on Teacher or other persons or organisation involved in administering the Programme at a School (including, but not limited to reference checks or police checks). We have no control over, and we are not responsible for, the health and safety of Participants, Teachers or any other person or organisation involved in administering the Programme at a School, or the School’s compliance with health and safety legislation.
Creating an Account
To access the Challenge Hub as either a Participant or a Teacher you must first create an Account.
To create an Account, you must be over 18 years of age and must not have an existing Account. If you have authorised a minor to use the Platform, you are responsible for their online conduct, and the consequences of any misuse.
You agree to provide accurate, current and complete information during the Account registration process and to update such information to keep it accurate, current and complete at all times. If you provide any false or misleading information, we may suspend or terminate your Account in accordance with clause 6.
We may, but are not obliged to, require you to provide reasonable evidence to verify the information you supply to us when creating an Account.
You must not create, authorise or maintain an Account without the permission of the Participant’s Parent.
During the registration process, you must choose a password as part of our security procedures. You must ensure that your password is strong and not disclose it to any third party.
You must not allow others to access or use your Account, unless expressly authorised in writing by us. No matter whether anyone using your Account is authorised to use it or has obtained unauthorised access, you will remain responsible for their actions and omissions.
You must tell us immediately if you think that someone has used or has unauthorised access to your Account or password, or there has been some other security breach.
Terminating your Account
You may close your Account at any time by following the Account closing process on the Platform.
We have the right to suspend or terminate any Account at any time, for any reason or no reason, which need not be disclosed to you. This includes but is not limited to Accounts that we consider in our sole discretion, contain invalid information or to have been used for inappropriate or objectionable activities, in violation of these Terms, in breach of any law in any jurisdiction or which are, or may be, harmful or detrimental to TPEL, the Platform or any user of the Platform or Services or third party. We shall not be liable for any loss of revenue or opportunity or any damage, cost or other liability, suffered or incurred by you in connection with a suspended or terminated Account.
If we exercise our discretion under these Terms to suspend or terminate your Account, any or all of the following can occur with or without any notice or explanation to you, your Account will be deactivated or suspended and you will not be able to access any part of the Platform, your Account or Content you have uploaded to the Platform.
If your Account is terminated, we do not have an obligation to delete or return to you any Content you have posted to the Platform.
If your School terminates its agreement with us we may terminate your Account. If we decide to terminate your Account for this reason we will give you reasonable notice of such termination and a reasonable opportunity to retrieve your Content.
Your Content
By uploading Content, to and creating Content on, the Platform, you grant us the licence referred to in clause 11.3 below.
You must maintain copies of all Content you upload to the Platform. We do not make any guarantees that there will be no loss of your Content or the Services will be bug free. You should download or copy all your Content prior to terminating your Account.
We have standards which apply to the Content you upload to the Platform. These are set out in clause 8.1. If we are notified of a claim that Content you have uploaded to the Platform breaches our standards, we may prevent your Content being accessible through the Platform or being used in connection with Services and/or delete it.
If we terminate your Account because you have breached these Terms we may delete your Content immediately or keep it for evidential purposes.
Uploading appropriate Content
Whenever you upload Content to the Platform or use the Platform to create or send Content, you must comply with the Content standards set out in this clause 8.1. You will not with respect to such Content:
upload, create, transmit, distribute, or store obscene, offensive, objectionable or inappropriate content;
damage, interfere with or degrade the functioning of the Platform;
upload, create, transmit, distribute, or store verbal, physical, written or other abuse or unsolicited commercial communications (including threats of abuse or retribution or spam) to any person or cause harm to any person in any way under the Harmful Digital Communications Act 2015; or
upload, create, transmit, distribute, or store material that violates trademark, copyright, trade secret, or other intellectual property rights of others or violates the privacy, publicity, or other personal rights of others.
not post, republish, reproduce or communicate Content or information about any Participant appearing on the Platform unless you have received the consent of the Parent’s of the originator of that material.
You warrant that any Content you uploaded or send via the Platform complies with the Content standards in clause 8.1. You will be liable to us and you indemnify us for any breach of that warranty. We have the right to remove any Content without notice if, in our opinion, your Content does not comply with those standards.
Privacy
Please see our privacy policy for information and notices concerning our collection and use of your personal information.
Children’s privacy
We are committed to safeguarding the personal information of children.
If you are aged 18 or under (a child), we require permission from your Parent in order to register for an Account. You will be asked to give the email address of your Parent
We will send a confirmation email address to the email address you provide and your account will only become active once your Parent has confirmed to us that they have parental responsibility for you and they consent to you having a TPEL account. Alternatively, a Teacher may activate a Participant’s account on the Platform if they have received written consent from the Participant’s Parent.
To protect the privacy of children, we recommend that a Parent assists their child when using the Platform, and in particular, where a child is uploading pictures or videos to the Platform.
We will never knowingly request or solicit personal information from a child without their Parent’s consent. If a Parent becomes aware that his or her child has provided us with personal information without their consent, they should contact us immediately at sally@williampike.co.nz In the event that we receive actual knowledge that we have collected such personal information without the requisite consent we will delete that information from the Platform as quickly as is practical.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Platform (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel). Those works are protected by trade mark, copyright and other intellectual property and trade practices laws and treaties around the world. All such rights are reserved.
You must not reproduce, duplicate, copy, sell, assign, resell or exploit any portion of the Platform or anyone else’s Content, without our express prior written permission.
You own, or undertake that you are authorised to use, any intellectual property in any Content you upload to or create on the Platform. You grant us a worldwide, royalty free licence to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available your Content, for the purposes of enabling you and those you give access to, to use the Platform and the Services and for any other purpose related to provision of the Services to you and them.
Takedown procedure
Without limiting our other rights in these Terms, we may, without any prior notice to you, remove any of your Content from our Platform or block access to our Platform (totally or partially) where we have received a notice of intellectual property infringement or notice of takedown in respect of your Content. You agree that we will have no liability to you in respect of any loss (including loss of profit), cost or damage suffered or incurred by you as a result of such action.
If there is a dispute between you and a third party as to whether your Content infringes the intellectual property of that third party, you acknowledge that it is your responsibility to resolve such dispute with the third party, and until you have provided us with satisfactory written confirmation of a resolution between you and the third party we will not restore the alleged infringing materials or reinstate access to the Platform. You agree to indemnify us against all claims, proceedings or actions by such third party against us including costs (legal or otherwise) that we may incur in defending such claims, proceedings or actions on a full indemnity basis.
Viruses
We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Platform. You should use your own virus protection software.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any Content from the Platform, or on any website linked to the Platform.
You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack.
Disclaimers and limitation of liability
If you choose to use the Platform, you do so at your own risk.
The Platform and any Content we have uploaded to the Platform are provided without warranty of any kind, either express or implied. We make no warranty that the Platform or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Platform and any Content on it, whether express or implied.
We will not be liable to you or other third party for any direct, indirect or consequential loss, cost, lost opportunity or profit, lost goodwill, reputational damage or liability or other adverse event whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the Platform or Services;
any contact you have with other Members whether in person or online; or
use of or reliance on any Content displayed on the Platform.
If, notwithstanding the disclaimers contained in these Terms, if a court of competent jurisdiction holds us (or any of our officers, employees or agents) liable in respect of any matter arising under or incidental to these Terms, our total aggregate liability will be limited to the lesser of:

the sum paid by you to use the Platform; or
the sum of $100.00.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.
Indemnity
You agree to indemnify, and hold TPEL and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, any tax, legal and/or accounting fees, arising out of or in connection with your access to or use of the Platform, Services or your violation of these Terms.
Miscellaneous
We may assign or transfer these Terms, at our sole discretion, without restriction. You may not assign or transfer your rights under these Terms without our prior written consent, which may be withheld in absolute discretion.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by TPEL:
via email (in each case to the address that you provide) or
via the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is sent.
These Terms shall be governed by and construed in accordance with New Zealand law. You agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with these Terms or their termination.
No failure or delay by TPEL to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by TPEL shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of these Terms is or becomes void, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be severable and deemed to be deleted, and shall not affect the validity, legality or enforceability of the remaining provisions.
If you have any questions or concerns in relation to the Platform or these Terms, please contact us at sally@williampike.co.nz
These terms were last updated on 20th September 2019.

Terms and conditions of sale

By purchasing products from The Pike Experience Ltd (“The William Pike Challenge”, “we”, “us”, “our”) or using this website, the purchaser (the “Customer”, “you”, “your”), agrees to the following terms and conditions of sale (the “Terms”).

1 Consumer Protection and other legislation:
Where the provisions of any consumer protection law, or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.

2 Business Customers:
To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business that consumer protection legislation does not apply.

3 Limitation of Liability:
The Customer shall indemnify The Pike Experience Ltd against any loss of or damage to property or for data or software which is lost, corrupted, deleted or altered due to the act or omission of the customer. The Pike Experience Ltd shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from The Pike Experience Ltd, even if The Pike Experience Ltd has been advised of their possibility. In no case shall The Pike Experience Ltd’s maximum liability exceed the cost of the relevant original order.

4 Refunds:
The Pike Experience Ltd will comply with its obligations under any applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management.

5 Addressing:
If a product is found to be mis-addressed by The Pike Experience Ltd then The Pike Experience Ltd shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an incorrect or insufficient address, then The Pike Experience Ltd will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer.

6 Incorrect Bank Account Number:
If the Customer credits money to the incorrect bank account number, and the correct number was provided to the Customer by The Pike Experience Ltd, then The Pike Experience Ltd will not accept any responsibility for correcting payment and goods will not be dispatched by The Pike Experience Ltd until The Pike Experience Ltd has received payment in full.

7 Prices, Payment and Title:
The Pike Experience Ltd ‘s available payment methods will be presented at the time of purchase. The Pike Experience Ltd retains title in the products purchased until The Pike Experience Ltd receives payment in full.

8 Pricing errors:
Although we do our best to ensure prices stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.

9 Security:
The Pike Experience Ltd uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. The Pike Experience Ltd will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses). For your security credit card data will not be stored and card capture is processed by Paystation.

10 Special Offers:
Special deals and offers on this site are only valid for so long as they are displayed, unless expressly stated otherwise.

11 Mailing Cash:
The Pike Experience Ltd does not recommend that cash be mailed for payment of products. If the Customer does mail cash, The Pike Experience Ltd accepts no responsibility for the theft, loss or otherwise for non-delivery of the mailed cash.

12 Cancelling Orders:
The Pike Experience Ltd reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where The Pike Experience Ltd believes the order to be fraudulent or constitute a mis-use of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however, we will refund the purchase price to you (where it has already been paid).

13 GST:
All prices are GST inclusive unless otherwise stated.

14 Site Access:
The Pike Experience Ltd hereby grants you permission to access, view and download the content appearing on this site, for your personal, non-commercial use only. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the express written permission of The Pike Experience Ltd, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.

15 Copyright & Trademarks:
You agree that the content you access, view or download on this site and the software used to create it, remains the property of The Pike Experience Ltd or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.

16 Stock Availability:
All items sold via The Pike Experience Ltd website are subject to availability and The Pike Experience Ltd reserves the right not to accept or cancel any order for products that are out of stock. Goods delivered may differ to the product images presented on this site.

17 Delivery Estimates:
The Pike Experience Ltd makes every effort practical to ensure that delivery timeframes given are accurate. However the delivery times stated for products on this site assume that the stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforeseen events. By placing an order, you agree not to hold The Pike Experience Ltd liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.

18 Linked Sites:
This site may contain links to other websites operated by third parties. The Pike Experience Ltd is not liable for those sites or any content or information such sites contain.

DISCLAIMER
The Pike Experience Ltd would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer. The information on this website is provided “as is” and for general information only. The Pike Experience Ltd has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time and The Pike Experience Ltd does not guarantee that the website will always operate or be error free. Accordingly, to the maximum extent permitted by law, The Pike Experience Ltd does not accept any liability for the use of or inability to use this site, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site.