Terms of Use

These terms are effective from 20 April 2020.

These terms of service (“Terms”) apply to all users of Overview Effect Limited’s (“Overview Effect”) website, resources and applications at www.overvieweffect.co.nz (“Website”) and the related Teachable site at overview-effect.teachable.com (“Teachable”).  By using our Website, the related Teachable site or any of our resources (“the Service”), you agree to these Terms.

 

Overview Effect may change these Terms by posting the modified Terms.  Overview Effect may periodically change our Terms so please check in regularly. The date of changes will be notified in these Terms.  By continuing to access the Website, Teachable or the Service, you agree to the amended Terms.

 

For an explanation of Overview Effect’s practices and policies related to the collection, use, and storage of our users' information, please read our Privacy policy.

 

1. USE OF SERVICE

Overview Effect grants you the non-exclusive, no-transferable right to use the Service via the Website or Teachable according to your subscription type on these Terms.

1.1. Organisations entering into a board subscription

1.1.1. You are entitled to have up to 10 members on your subscription. Members must be a current member of the board / governance body or management of your subscribed organisation.

1.1.2. You may apply to Overview Effect to have more than 10 members if your constitution or Trust deed requires your governance body to have more than 9 members. Overview Effect reserves the right to restrict the number of members on one subscription.

1.1.3 You or your administrator may notify Overview Effect of a new Member to your subscription with the right to use the Service on these Terms. 

1.1.4 You are responsible for notifying each new member of their invitation to your subscription.

1.1.5 When a member of your subscription is no longer a board member or management in your organisation, you are responsible for advising Overview Effect so access can be removed.

1.1.6 You and all members to your subscription must accept and abide by these Terms.

1.2 Individual subscriptions

1.2.1 You are entitled to access the services and resources allowed by your subscription.

1.2.2 Your subscription is not transferable to any other person or legal entity.

2. YOUR OBLIGATIONS

2.1.Payment obligations: You will pay a fee for access to Teachable and the Service in accordance with the fee schedule set out on the Website.  Overview Effect may issue you an invoice for the Access Fee in advance. You must pay all amounts specified in each invoice, by electronic bank transfer or credit card, within 20 days of the invoice date.  You are responsible for payment of all taxes and duties in addition to the Access Fee.

2.2. Acknowledgement: You acknowledge that:

2.2.1. Your access to and use of the Website, Teachable and the Service is on an “as is” basis and at your own risk.

2.2.2 Overview Effect does not warrant that the use of the Website, Teachable and the Service will be uninterrupted or error or virus-free; and

2.2.3 Overview Effect is not your advisor and use of the Website, Teachable and the Service will not constitute the receipt of advice.

2.3. Privacy: By using the Website, Teachable and the Service, you agree to Overview Effect’s Privacy Policy. If you do not agree with the Privacy Policy, you should stop using the Website, Teachable and Service immediately.

3. INTELLECTUAL PROPERTY

3.1. As content on the Website, Teachable and the Service (including any concepts, ideas, methods, procedures, processes, know-how, techniques, programs, publications, models, products templates, technologies, software, designs, art work, graphics and information on or described in the Site) may be copyrighted, proprietary and subject to intellectual property or other rights; any unauthorized use of any materials on the Website, Teachable and the Service may violate copyright, trademark and other laws or applicable intellectual property or other rights. Users are encouraged to print or distribute content (e.g. via a link on a social network) provided that:

3.1.1 The use of the content is personal and non-commercial.

3.1.2 All copyright, trademark and similar notices are retained.

 

3.2. Any content from parties other than Overview Effect is not used as or implies that Overview Effect is providing a testimonial or endorsement of an organization, its products or services.

 

3.3. Materials on the Website, Teachable, and the Service may not be modified, reproduced, publicly displayed, performed, distributed or used for any public or commercial purposes without explicit written permission from the appropriate content or material provider (including third-party links). Overview Effect bears no risk, responsibility or liability in the event that a user does not obtain such explicit written permission as advised by Overview Effect.

4. USER POSTINGS

4.1. You acknowledge and agree that Overview Effect shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Website, Teachable or Service in postings, survey responses, and otherwise, and you hereby waive any claims against Overview Effect for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Overview Effect’s use and publication of such submissions.

 

4.2. You covenant that you shall not post or otherwise publish on the Site any materials that

4.2.1. are threatening, libellous, defamatory, or obscene; 

4.2.2. would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; 

4.2.3. infringe the intellectual property, privacy, or other rights of any third parties;

4.2.4. contain a computer virus or other destructive element; 

4.2.5. contain advertising; or 

4.2.6 constitute or contain false or misleading statements. 

4.3. Overview Effect does not and cannot review all information posted to the site by users and is not responsible for such information. However, Overview Effect reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

5. DISCLAIMER

The information provided in the Website, Teachable and the Service is offered for general guidance on matters of interest only.  Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this Website, Teachable and the Service. Accordingly, the information is provided with the understanding that the authors and publishers are not herein engaged in rendering legal or other professional advice and services and the information is not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose. Users of this Website, Teachable and the Service should consider their own situations and conduct independent inquiry with appropriately qualified professionals.

6. LIABILITY

6.1. Except as expressly provided in these Terms, all representations or warranties (statutory, express or implied) are excluded in so far as permitted by law.

6.2. To the maximum extent permitted by law, Overview Effect excludes all liability for any indirect or consequential loss, loss of information, data, profits and savings or damage arising out of your use of the Website, Teachable of the Service.

6.3. Notwithstanding clauses 6.1 and 6.2, if Overview Effect is found to be liable to you for any loss you have suffered, Overview Effect’s liability for all loss will be limited to the Access Fees paid by in the previous 12 months.

6.4 You indemnify Overview Effect against all claims, costs, damage and loss arising from your breach of these Terms or any obligation you may have to Overview Effect, including costs relating to the recovery of any unpaid Access Fees.

7. TERMINATION 

7.1. Refund policy: Overview Effect’s subscription and service fees are non-refundable except where failure to provide the service has occurred and has not been remedied, in accordance with these Terms. 

 

7.2. No-fault termination: Your right to use the Website, Teachable and the Service will continue for the period covered by each Access Fee payable under clause 2.1.  Either party may terminate use of the Website, Teachable and the Service, by giving notice to the other party at least 30 days before the end of the relevant payment period or upon non-payment of the Access fee. Access fees paid in advance are not refundable.

7.3. Breach: Overview Effect may (without prejudice to its other rights) suspend or terminate access to the Website, Teachable and the Service if you breach these Terms and do not remedy the breach within 14 days after receiving notice of the breach.

7.4. Payment of Access fees is not received: If payment of any Access fees for which you are responsible is not made by the due date, Overview Effect may suspend or terminate your use of the Website, Teachable and the Service.

7.5. On termination: You will remain liable for any accrued charges and amounts which are due for payment before or after termination and will immediately cease to use the Website, Teachable and the Service.

8. HELP DESK

8.1. Technical problems: In the case of technical problems, you must make all reasonable efforts to investigate and diagnose problems before contacting Overview Effect. If you still need technical help, please check the support provided online at www.Teachable.com  or failing that please email us at admin@overvieweffect.co.nz

 

8.2. Service availability: Overview Effect or Teachable.com may temporarily suspend or restrict access to the Website, Teachable or the Service to perform maintenance or other development activity. If for any reason Overview Effect needs to interrupt the Website, Teachable or Service for longer periods than Overview Effect would normally expect, Overview Effect will use reasonable endeavours to publish in advance details of such activity on the Website or Teachable.
 

9. GENERAL

9.1 Entire agreement: These Terms, together with the Overview Effect Privacy Policy and the terms of any other notices or instructions given to you under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Overview Effect relating to the Website, Teachable and the Service, and the other matters dealt with in these Terms.

 

9.2. Delays: Overview Effect will not be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control.

 

9.3. Governing law and jurisdiction: These Terms are governed by and will be construed in accordance with the laws of New Zealand. You submit to the exclusive jurisdiction of the New Zealand courts.

9.4. Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Overview Effect must be sent to admin@overvieweffect.co.nz or to any other email address notified by email to you by Overview Effect. Notices to you will be sent to the email address which you provided when setting up your access to the Website, Teachable or the Service.

Please contact us if you have any questions about Overview Effect’s Terms of Use. We can be contacted at admin@overvieweffect.co.nz or at our mailing address below:

 

Overview Effect Limited

PO Box 60605

Titirangi

Auckland 0642

New Zealand