Terms & Conditions

GENERAL

The MaiENZ industry portal and its websites are owned and maintained by Education New Zealand (ENZ), a Crown Entity funded by the New Zealand Government.

The following terms and conditions of use of MaiENZ and its websites form a contract between you and ENZ for your use of its websites and associated material, Assets and content (Terms).

ENZ may revise these Terms by giving you notice. ENZ will notify you of any changes by displaying the changes on its websites, and by continuing to use this portal and ENZ’s websites after such notification, you will be deemed to have accepted the changes.

Interpretation

Where a logon is obtained by an individual for use only by that individual, in these Terms, the words ‘you’, ‘your’ and ‘user’ refer to that individual.

An ‘Asset’ describes any item listed in the Brand Lab i.e. image, logo, photograph, video, PowerPoint template or campaign creative.

‘Usage Rules’ refer to the specific terms that accompany and apply to the use of each individual Asset or category of information, and may include usage instructions, requirements, limitations, or descriptions. 

Copyright and permission to reproduce

Unless otherwise indicated, copyright in all material available on any of Education New Zealand sites is owned by Education New Zealand. You can reproduce this material free of charge without further permission, as long as you:

• Reproduce the material accurately;
• Do not use the material in a derogatory manner or a misleading context; and
• Acknowledge the source and copyright status of the material.
• Comply with all applicable laws (including the Privacy Act 1993) and its respective publicly available privacy policies (as may be amended from time to time) in relation to access to, possession, use and disclosure of data available on our websites

Third party materials

Some information on ENZ’s websites is the intellectual property of third parties.

ENZ has obtained a licence or consent from these third parties for the use of that material on its websites and by registered users. Your rights as a registered user in relation to ENZ-provided information are defined by, and limited to, these Terms.

Liability and indemnity

You warrant that you shall not at any time take any step or make any omission that brings the reputation or good standing of the author of the information, ENZ or New Zealand into disrepute. In addition, you must acknowledge the author of the information in any use of that information.

You will defend and indemnify ENZ against all costs, expenses and damages incurred in connection with any claim against ENZ arising out of or related to: (a) a breach by you of these Terms; (b) the use of the information either alone or in combination with any other material; or (c) any claim by a third party related to the use of the information either alone or in combination with any other material.

If ENZ becomes liable to you for any form of loss or damage, ENZ’s liability to you arising out of all claims for loss or damage under these Terms will not exceed in aggregate $1.00.

Disclaimer

The information is provided to you on an ‘as is’ basis. ENZ does not give any warranty or other assurance as to the accuracy, completeness or fitness for any particular purpose of the information appearing in its websites. To the fullest extent permitted by law, ENZ disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages or loss of business, loss of profits or savings, direct and indirect or consequential damages or losses) arising in contract, tort (including negligence) or otherwise from the use of, or inability to use the information or from any action or decision taken as a result of using the information.

If, for any reason whatsoever and at its sole discretion, ENZ wishes to or is required to terminate this licence, it may do so immediately by giving written notice to you. On receipt of this notice you must, as directed by ENZ, return all copies of downloaded information to ENZ or destroy all copies of that downloaded information that is in your possession. You must also provide a written undertaking that no further copies of the information are or will be used or retained by you for any reason.

These websites may contain links to third-party websites that are not under the control of ENZ. ENZ does not endorse and is not responsible in any way for any information, content or material that is available on such third-party websites.

Trademarks

The name, logo and tagline THINK NEW and EDUCATION NEW ZEALAND are trademarks of ENZ. You are not permitted to use or reproduce, or allow anyone to use or reproduce, these trademarks for any reason without ENZ’s express written consent.

Or

The trademarks appearing on ENZ’s websites belong to us, our suppliers or our licensors. You must not use or reproduce or allow anyone to use or reproduce those trademarks for any reason without, in the case of our trademarks, our prior written permission or, in the case of third-party trademarks, the written permission of the owner of the relevant trademark.

Confidentiality

All information provided, or made available, as part of ENZ’s websites is the confidential information of ENZ. You must hold and maintain all confidential information in strict confidence, except where disclosure is permitted under the terms of a licence.

 Availability of websites

You agree that ENZ’s websites:

1. May not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
2. ENZ may, at any time and for any reason, make its websites, or any part of its websites unavailable to you.

Other

ENZ may update or change any information on its websites, at any time, without notice (but will give you notice when there is a change to the Terms). In the unlikely event that an unauthorised person makes changes to these websites, ENZ does not accept responsibility for those changes. Errors are subject to correction.

These Terms will be governed and interpreted in accordance with the laws of New Zealand.

Access to services

You will be permitted access to resources as long as you have validated your email address for your MaiENZ account and then according to the criteria for the following labs or services.

IntelliLab

• You are a New Zealand education provider, education agent or government worker. 
• Your email address is part of a domain belonging to an ENZ-trusted organisation.

Skills Lab

• You are a New Zealand education provider.
• Your email address is part of a domain belonging to an ENZ-trusted organisation.

My ENZ Marketing Insights

• You are a New Zealand education provider.
• Your email address is part of a domain belonging to an ENZ-trusted organisation.
• You have a search listing on the Study In New Zealand website.

Enrolment Opportunities

• You are a nominated individual (usually from the admissions team) from a New Zealand education provider.  
• Your email address is part of a domain belonging to an ENZ-trusted organisation.

Account revocation

Your account will be revoked for: 

• Misuse of data, and/or
• Not adhering to these terms and conditions.

Suspension for services

Your access to some services may be suspended for:

• Misuse of data for that service, and/or
• Not adhering to the terms and conditions of that service.

Or, in accordance with ENZ’s rights to amend, suspend or terminate access to services for New Zealand international education providers, your access may be suspended if you do not meet the following conditions:

• Signatory to the Education (Pastoral Care of International Students) Code of Practice 2016;
• Registered by the New Zealand Qualifications Authority with a Ministry of Education identification number; and
• For all non-university Tertiary Education Organisations (TEOs), the maintenance of a Category 1 or Category 2 status under External Evaluation and Review (EER). 

Use of Data

1. Compliance with Law: Each party shall comply with all applicable Laws (including the Privacy Act 1993) and its respective publicly available privacy policies (as may be amended from time to time) in relation to its access to, possession, use and disclosure of the Data.
2. Necessary consents: Each party warrants that it has all necessary authorisations and consents required to disclose Data to the other party for the Purpose.
3. Revocation of consent: To the extent any Prospective Student notifies a party that they wish to revoke their consent to the sharing of Data between the parties for the Purpose, the notified party shall promptly inform the other party of such revocation of consent and both parties shall as soon as practicable cease accessing, using, sharing, transferring or otherwise disclosing any of the Data that relates to the relevant Prospective Student.
4. Permitted uses of Data: Subject to compliance with the terms of this agreement, either party may copy, modify or create derivative works from any Data, in order to receive the benefits of this agreement and achieve the Purpose. For clarity, any such derivative works and the use of any data comprised in such works, shall also be subject to the terms of this agreement.

User responsibility

If you create an account on the MaiENZ, you are responsible for maintaining the security of your account.

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify ENZ of any unauthorised uses of your information, your account or any other security breaches.

Brand Lab

Terms of use overview
All assets are free to use as long as the full terms of use, licence rules and usage instructions are followed.

• Use of assets must inure to the benefit of Education New Zealand in some way.
• All assets must not be used past the Expiry date of Licence of the particular asset.
• All use of assets must comply with the Brand Guidelines and any Usage Rules both of which form part of these Terms.

Copyright and permission to reproduce
ENZ is willing to license the use of The Brand Lab’s Assets to you only if you accept all of the following Terms.

Please read these Terms carefully because downloading and/or using the Brand Lab’s Assets will be deemed to be your acceptance that you are using The Brand Lab’s Assets on the following terms.

The Assets and all of the content on the Brand Lab website is protected, including, without limitation, by copyright and other laws of New Zealand, international conventions and similar laws abroad. Copyright and other intellectual property rights in the Assets, is owned or controlled by ENZ or its licensors.

ENZ grants, and you accept, a licence to use the Assets on a royalty free, non-exclusive and non-transferable basis subject to the following conditions:

1. You comply with ENZ’s Brand Guidelines, the Usage Rules and these Terms, including without limitation the permitted use requirements set out below.
2. You may only use the Assets for the purpose of promoting New Zealand as an education destination.
3. Material produced by, or on behalf of, you, which features any of the Assets, must be predominantly distributed outside New Zealand.
4. The Assets must not be used for paid advertising.

You agree and acknowledge that:

1. You neither have nor will obtain any right, title or interest in or to the Assets, except to the extent any rights to use the Assets are specifically granted or confirmed to you under these Terms; and
2. You will only use the Assets in a commercially responsible manner and style that will protect and enhance the prestige, image, reputation and goodwill of the Assets and ENZ.  

Permitted use
The rights granted to you by ENZ vary according to the category of the Asset. In addition to the Usage Rules accompanying each Asset, ENZ requires you to comply with the following use requirements for each of the listed Asset categories:

 If there is any inconsistency between these Terms and the Usage Rules accompanying each Asset, the specific Usage Rules accompanying each Asset will prevail.

Media Centre

NOTE: If you use any content from this website, we reserve the right to share your published content with our industry partners and stakeholders. These would be relevant parties and not for commercial use.

Embedded content
Embedded content (including embedded images and embedded video content) on this website are embedded from a third party-hosted site. Embedded content is subject to the licence terms of the location at which such content is hosted or the licence terms imposed by the owner of such content. Embedded content may be used or linked to only in accordance with the terms of the relevant licence. You are liable for any consequences of failure to comply with those licence terms.

Copyright clearance and permission to use
Images on this website that are made available for download must not be used in paid marketing or advertising and some images are only available for editorial use outside New Zealand. An image should feature the credit as shown and where practical. If an image is not downloadable, you may request our consent to use certain material.

NOTE: Editorial content may be used verbatim or edited by international media to tell a New Zealand education story. While we do not demand a credit for written content, a link to studyinnewzealand.govt.nz is encouraged.

Intellectual property
The materials displayed on this website are protected by copyright and other laws of New Zealand and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other property rights that may exist on this website including text, illustrations, infographics, photographs, video, music, sounds, layout, designs and source code belong to us or to our licensors (together, ‘our intellectual property’).

Except as permitted in the ‘embedded content’ or ‘copyright clearance and permission to use’ sections, or with our prior written permission in other cases, you may not in any form or by any means: use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate or otherwise deal in any way with our intellectual property; or commercialise any information, products or services obtained from any part of this website.

Enrolment Opportunities

Background
a) ENZ has developed an application programme interface that securely stores and shares information regarding Prospective Students and their Enrolment Opportunities at NZ education institutions, where the Prospective Student has expressly consented to ENZ sharing that information with the relevant education institution.
b) The application programme interface also enables education institutions to securely send information back to ENZ about the status and progress of each Enrolment Opportunity shared by ENZ. The institution agrees to provide this information as a condition of using this service.
c) ENZ has agreed to provide the institutions with access to the application programme interface to enable the institutions to access and use the ENZ Data for the Purpose and in accordance with the terms of this agreement. The institutions are required to share institution data with ENZ through the application programme interface for the Purpose and in accordance with the terms of this agreement.

Privacy

• The Information includes personal information as defined in the Privacy Act 1993 and is provided to your affiliated institution for the limited purpose of allowing you to contact the Student in relation to their shortlisted study option, or any other course you offer; and
• assess the Student’s potential value to you/your affiliated institution as a student if they were to enrol, to inform the level of contact you/your affiliated institution make with the Student or Enquirer.
• understand and asses any research or statistical analysis reports commissioned by ENZ in relation to student applications or enquiries.

For the avoidance of doubt, the Information must not be used for the purposes of assessing Students’ applications for admission to their shortlisted study option, or any other course you offer.

In receiving the Information, you agree to:

• use the Information only for the purposes authorised above;
• take all appropriate technical and organisational measures to prevent against the loss, unauthorised or unlawful processing, access, or use of Information;
• hold, store and secure the Information in accordance with your own privacy policy;
• immediately notify us of any updates to your email address;
• immediately notify us if you become aware of a privacy breach;
• immediately return, destroy, or otherwise deal with the Information in accordance with ENZ’s instructions in the event that ENZ suspends transferring you Information, and provide evidence to ENZ to demonstrate that you have done so; and
• otherwise deal with the Information in accordance with the Privacy Act 1993 and the information privacy principles contained within it, and the EU General Data Protection Regulation (to the extent applicable). 

ENZ requires you to ensure all staff, subcontractors and agents who deal with Information are made aware of and comply with these obligations.

My ENZ Marketing Insights

Reports
If access to a report is granted and the receiver is not its intended audience, this report should not be shared and ENZ should be alerted as soon as possible.

Data Breach
Report
If either party becomes aware of any loss, unauthorised or accidental access to, use, alteration, destruction or disclosure of the Data, or any action that prevents a party from accessing the information on either a temporary or permanent basis (Data Breach), that party shall as soon as reasonably practicable after becoming aware of the Data Breach, report the Data Breach to the other party.

Cooperation and Mitigation
The parties shall in good faith cooperate with each other in relation to the response to and remediation of any Data Breach, and agree to use reasonable steps to:

1. address any applicable reporting requirements relating to the Data Breach; and
2. mitigate any effects of such Data Breach.