Terms and Conditions
Terms and Conditions
These terms and conditions (the "Terms and Conditions") govern the use of ebmcresources.com (the "Site"). This Site is owned and operated by EBMC Resources Partnership. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
All content published and made available on our Site is the property of EBMC Resources Partnership and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. You are not allowed to re-distribute any content from our Site or other intellectual property belonging to EBMC Resources Partnership for your personal gain at any time.
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
Harass or mistreat other users of our Site;
Violate the rights of other users of our Site;
Violate the intellectual property rights of the Site owners or any third party to the Site;
Hack into the account of another user of the Site; or
Act in any way that could be considered fraudulent.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
When you create an account on our Site, you agree to the following:
You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
Provide a current and accurate school email address and school information to verify that you are an educator.
We reserve the right to suspend or terminate your account if you are using our Site illegally, if we are unable to verify your involvement with a school or if you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
emPowerED Maths Year 7 Student Workbooks (Part 1 and Part 2);
emPowerED Maths Year 8 Student Workbooks (Part 1 and Part 2);
emPowerED Maths Year 7 Answer Books (Part 1 and Part 2);
emPowerED Maths Year 8 Answer Books (Part 1 and Part 2);
emPowerED Maths Home Learning Books (Year 7 and Year 8);
reCallED Basic Facts Programme; and
eQuippED Maths @ Home (Year 7 and Year 8).
The following services are available on our Site:
Teacher Subscription (Free Version and 1-Year Full Access).
To purchase our goods and/or services, you may contact us at firstname.lastname@example.org or use the contact form on our Site.
The services will be paid for in full within 30 days of when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
We accept the following payment methods on our Site:
Credit Card; and
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
Standard delivery by post. Delivery takes 5 - 7 business days.
Delivery will take place as soon as reasonably possible. Please note there may be a larger influx of orders to be delivered before Term 1 (February) and Term 3 (July) and delivery times may take longer during these periods. Delivery times may also vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds for Goods
Refund requests must be made within 30 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
Good is broken; or
Good does not match description.
Refunds for Services
We provide refunds for services sold on our Site as follows:
A refund request can be made within 48 hours from the time of payment for a 1-year teacher subscription(s) to our website. All sales are final after 48 hours.
Returns can be made by mail. Please email email@example.com to get the address for the return then post by courier and pay the necessary postage.
Consumer Protection Law
Where the Consumer Guarantees Act 1993, the Contract and Commercial Law Act 2017, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
EBMC Resources Partnership and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless EBMC Resources Partnership and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of New Zealand.
Subject to any exceptions specified in these Terms and Conditions, if you and EBMC Resources Partnership are unable to resolve any dispute through informal discussion, then you and EBMC Resources Partnership agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. All mediation and arbitration will take place in Auckland, New Zealand and will be decided using New Zealand law. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and EBMC Resources Partnership. The costs of any mediation or arbitration will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and EBMC Resources Partnership agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
EBMC Resources Partnership is not liable for virsuses, spyware or device damage encountered during the use of our services. We also do not accept liability for inaccuracies or errors within our products and services, nor do we accept liability for damage caused by third parties;
Disclaimer: We are not responsible for user enjoyment, service or website downtime or ensuring that the consumer's choice of goods or services are fit for a specific purpose. Our service is provided "as is". We do not claim that our goods and services will always meet a customer's expectations. We do not take responsibility for typos or inaccurate descriptions. Damages are capped at however much a customer spent on the purchase immediately before the alleged damage occurred;
By agreeing to these Terms and Conditions, you agree not to engage in the conduct described below:
You may not use our products or services to do or share anything:
-That is unlawful, misleading, discriminatory or fraudulent.
-That infringes or breaches someone else's rights, including their intellectual property rights.
You may not access or collect data from our products or services using automated means (without our prior permission) or attempt to access data that you do not have permission to access; and
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. When we amend the Terms and Conditions, we will update the "Effective Date" at the bottom of this document. We recommend that our users periodically review our Terms and Conditions to ensure that they are notified of any updates. If necessary, we may notify users by email or post a notice on our Site. Your continued use of the Site will be taken as your consent to any changes to the Terms and Conditions.
This is your acceptance of the Terms and Conditions.
Please contact us if you have any questions or concerns. Our contact details are as follows: firstname.lastname@example.org. You can also contact us through the feedback form available on our Site.
Effective Date: 15th day of January, 2023