Terms And Conditions

Welcome.

Please review the following Terms of Use which applies to Essential Resources Educational Publishers Ltd (Essential Resources), our imprints, and any of our websites including iUgo, Teachables, Fyndit and Teaching Solutions.

By accessing, using or downloading material from Essential Resources websites you agree to follow and be bound by these terms and conditions, which constitute a legal contract. If you do not agree with them, do not use this website. These terms and conditions may change without notice, so do check them from time to time.

iUgo – Plan, Teach, Learn

This Website is owned and operated by Essential Resources, and is copyrighted by the owners. It has been created with the express desire to assist schools and teachers with their planning on both a classroom and school-wide basis, building on what we already do well: helping teachers teach and students learn. While we respect that most users will operate their iUgo accounts and subscriptions in good faith and for the purpose intended, we do need to cover ourselves in the event of users using or copying content in a manner not covered by their subscription.

ANNUAL AND SUBSCRIPTION LICENSES FOR IUGO

Full intellectual property title of the Website remains with Essential Resources. No content, formatting, or images may be copied, published, broadcast, distributed, reproduced, or transmitted, except for the express purpose of curriculum planning within the subscribing individual’s home or classroom, or within the named teachers’ classrooms for school-wide subscriptions.

USER LICENSE

Your subscription represents a license to access the iUgo Website (Website) for the purpose of education-related planning. The license can be granted either as a single individual subscription for use in a classroom or home, or within a school on a per teacher license, for use within the school or educational organisation. The website and associated materials may not be shared with colleagues, friends, or other users throughout another cluster or school area, unless each user also has an individual or school-wide subscription.

PAYMENT OF FEES

As a subscriber, you (the individual, or the school) authorises Essential Resources to automatically charge your credit card a recurring fee based on the billing frequency you select. You understand that you will be charged this fee as long as your subscription is active. The subscription fee entitles you to complete access to the planning and organisational tools that the Website offers, and there is no limit to the frequency or extent of your legitimate usage. Refunds will not be issued on active subscriptions.

REGISTRATION

The registering individual or school agrees to the complete, current and accurate provision of all information as requested by the Website during the subscription process, including personal, organisation and payment information. Additionally, the user is required to maintain and update the Registration details, and maintain and manage subscription information through the iUgo and Essential Resources ‘My Account’ function. Any subscription changes, including cancellation, should be initiated and administered by you, by emailing to info@iugo.co.nz. Essential Resources Educational Publishers reserves the right to suspend or terminate any account where they have reasonable information to suspect that information provided may be untrue, inaccurate, out of date, or incomplete. They reserve the right to suspend or terminate your account and to refuse any and all current or future use of the Website.

PRIVACY

Essential Resources will store details on a secure server. Taking your privacy seriously, all access to information is password protected on our system and we do not sell, lease, or distribute any information or details to any third party.

ERRORS AND INACCURACIES

Essential Resources takes pride in the quality of all their resources, published, digital or online. From time-to-time mistakes, errors, inaccuracies, or omissions may occur. This includes, but is not limited to, text, pricing, availability, descriptions. Essential Resources reserves the right to correct any mistakes, errors, inaccuracies, or omissions and to change, update or amend information at any time without prior notice. Such corrections will normally be updated through all live accounts, but cannot be retrospectively applied to previously saved plans.

SECURITY

Essential Resources uses only high-calibre staff, contractors and service provides with respect to this Website and the information contained in it. We cannot, however, take any liability for viruses, worms, Trojans horses, cancelbots or other components that may inadvertently be transferred through this site. We take every care to ensure up-to-date and best-practice security software of our own computers and those of our suppliers, and recommend that users take the same steps to ensure a high level of security. As is always the case, we recommend users to employ their utmost discretion when opening files and emails to always ensure the source is a trusted one and the file virus free.

ACTIONS AS A USER

You acknowledge that all Materials, including information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person (Supplier or User) from which such Materials originated. You agree to not use the Website to:

1. Give, sell, or distribute iUgo materials to any non-subscribers
2. Upload, post, email or otherwise transmit any Materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful (including sexually, racially, or ethnically), or otherwise objectionable
3. Harm minors in any way
4. Impersonate any person or entity, including, but not limited to, any law enforcement officer, or any iUgo or Essential Resources employee, consultant, advisor, or falsely state or otherwise misrepresent your affiliation with a person or entity
5. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Website
6. Upload, post, email, or otherwise transmit any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under any nondisclosure agreement)
7. Upload, post, email or otherwise transmit any Materials that infringe, contribute to the infringement of, or induce others to infringe, any patent, trademark, trade secret, copyright, or other proprietary rights of any party
8. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation
9. Upload, post, email or otherwise transmit anything that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware
10. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website
11. Intentionally or unintentionally violate any applicable local, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law
12. “stalk” or otherwise harass another or
13. Collect or store personal data about other uses.

THIRD PARTY SERVICES AND THE USE OF PLUG-INS

In addition to the Services and Materials provided by Essential Resources, this Website also makes available services provided by third party participants (“Third Party Suppliers”) to increase site usability, functionality, and copyright protection. The Third Party Services are governed by separate license agreements that accompany such services. Essential Resources offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Suppliers and the Services and Materials offered by this Website. You agree that you will not hold Essential Resources responsible or liable with respect to the Third Party Services or seek to do so.

TERMS AND CONDITIONS OF USE MAY CHANGE

Essential Resources reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. Your use of this Website following any such modification constitutes your agreement to follow and be bound by the Terms and Conditions of Use as modified. For this reason, we encourage you to review these Terms and Conditions of Use whenever using this Website.

CORRECTIONS OF ERRORS AND INACCURACIES

The content of this Website, including, but not limited to, text, pricing, availability, and descriptions, may contain errors, inaccuracies, or omissions and may not be complete or current. Essential Resources reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We apologise for any inconvenience this may cause.

TERMINATION

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by cancelling your subscription. If you terminate your subscription before its expiration date, your subscription will not renew. Your subscription, and access to the Website, terminate immediately after you unsubscribe. Be sure to unsubscribe before the first day of your next billing cycle or you will be charged for another period. Essential Resources is not obligated to refund fees should you fail to unsubscribe before your next payment date. Likewise, Essential Resources is not obligated to issue refunds for cancellation of service prior to the next payment date. This Agreement will terminate immediately without notice from Essential Resources or this Website if, in their sole discretion, you fail to comply with any term or provision of this Agreement, if you are an infringer of any third party's rights, or if you engage in conduct that is illegal, tortuous, or that interferes with the technological use of this site.

DISCLAIMER

Essential Resources makes, and this website includes, no representations or warranties with respect to Essential Resources or the contents of this website, which are provided for use "as is" and "as available”. Essential Resources and this website disclaim all warranties, expressed or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to Essential Resources and this website and any website with which it is linked or content provided by suppliers to this website. Essential Resources does not warrant the functions, information, or links contained on this website or that its contents will meet your requirements, or that the operation of this website or its contents will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses, worms, Trojan horses, cancelbots, or other harmful components. Essential Resources does not warrant or make any representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence shall Essential Resources or this website be liable for any special, incidental, or consequential damages that result from the use of, or the inability to use, the materials on this website, even if Essential Resources, or an authorised representative, has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Essential Resources total liability to you for all damages, losses, and causes of action, whether in contract, or not (including, but not limited to, negligence) or otherwise, exceed the amount paid by you, if any, for accessing this website. Under no circumstances shall Essential Resources be responsible for any damages related to virus infection and the resulting corruption, destruction, or alteration of a user's or supplier's system (including files, software, and hardware located on their systems).

located on their systems).

MISCELLANEOUS

This Agreement shall be governed by New Zealand law, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except by writing, signed by both parties. Essential Resources does not guarantee continuous, uninterrupted, or secure access to its services, and operation of this Website may be interfered with by numerous factors outside of its control. If any provision of these Terms & Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms & Conditions of Use and all incorporated agreements may be automatically assigned by Essential Resources, in its sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. The failure of Essential Resources to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The User and Essential Resources are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms & Conditions of Use.

PERMISSION FOR REPRINTS

All material on this Website, without limitation, is protected by New Zealand and international intellectual property laws, including, specifically, copyright laws. In order to receive permission to reprint any material on this Website (outside of personal, non-commercial use), please write to:

Updated April 2020