These Terms are the terms and conditions on which Chalkle offers You access to the Chalkle Website. By completing the online registration process, You agree to be bound by these Terms. If You do not accept these Terms, You must refrain from using the Chalkle Website.
Becoming a Chalkle member is free. You may only register as a member if You are resident in New Zealand and at least 18 years old. By registering as a member, You warrant that You have capacity to enter a legally binding contract, and that these Terms are legally binding on and enforceable against You.
Chalkle may decline to register, or may terminate, Your membership (or otherwise limit Your use of the Chalkle Website) if You fail to comply with these Terms, or where Chalkle otherwise considers it reasonable to do so.
3. Access and use
The Chalkle Website is made available to You on an "as is" and "as available" basis. You agree that You will access and use the Chalkle Website in accordance with these Terms, all instructions given to You by Chalkle from time to time, and all applicable laws.
You may use the Chalkle Website:
You must not:
5. Risks and responsibilities
Use of the Chalkle Website and participation in Classes is at Your own risk. Chalkle accepts no responsibility or liability for the conduct, advertising or other communications of any of its members (including Teachers, Provider Administrators and other users), or for any Third Party Content.
You agree to take all reasonable steps (including maintaining reputable third party anti-virus software) to ensure You do not directly or indirectly introduce any virus, malicious code, worms, spyware, malware, or other disabling code into the Chalkle Website.
You are responsible for keeping Your login details safe and secure, and You must not disclose Your login details to anyone else.
Chalkle's role is limited to operating the Chalkle Website and Chalkle has no responsibility associated with any of the Classes advertised on the Chalkle Website.
All responsibility associated with Classes rests solely with the Provider Administrators and the relevant Teacher(s). Chalkle is not responsible for, and will have no liability in any way in connection with, any Class or the conduct of any Provider Administrators or Teacher. In particular, You acknowledge that it is the Provider Administrator's responsibility (not Chalkle's responsibility) to:
Chalkle has no responsibility for any advertisement appearing on the Chalkle Website, or for any hyperlinks to other pages. Responsibility for such Third Party Content rests solely with the relevant advertiser or third party, and Chalkle does not give a recommendation or endorsement to any such advertisements or the relevant product(s) or service(s) advertised.
6. Warranties and liability
All warranties, conditions and representations (express, implied, statutory or otherwise) in respect of the Chalkle Website are excluded to the fullest extent permitted by law. Chalkle makes no representation or warranty of any kind (express, implied, statutory or otherwise):
In no circumstances shall Chalkle be liable to You in any way in connection with any non-availability or non-performance of, or any fault, error, defect or delay in or of, the Chalkle Website, of for any Third Party Content.
You agree that, to the maximum extent permitted by law, all liability of Chalkle to You or any other person under or in connection with these Terms and/or the Chalkle Website (regardless of whether such liability arises in contract, tort, equity, breach of statutory duty or otherwise) is excluded. To the maximum extent permitted by law, Chalkle's total aggregate liability to You in respect of any matters or claims (whether in contract, tort or otherwise) arising under or in connection with these Terms or the Chalkle Website shall not exceed the Fees paid by You in the previous three month period. Chalkle will not be liable for any loss of profits or revenue, or any consequential, indirect or special loss or damages, or any loss of data.
You warrant that You will not use the Chalkle Website to:
You will indemnify Chalkle (including each of its personnel, agents and other representatives) against all actions, proceedings, losses, liabilities, damages, claims, demands, costs and expenses (including all legal costs and expenses on a solicitor and own client basis) suffered or incurred by Chalkle (or its personnel, agents and other representatives) arising out of or in connection with:
7. Fees and cancellations
You will pay the Fee applicable to a Class at the time You make a booking for that Class, through the Chalkle Website. All Fees are inclusive of GST and specified in New Zealand dollars (unless stated otherwise). Transaction and processing fees may also apply when booking a Class. Any such fees will be prominently displayed, and collected as part of a single transaction.
You acknowledge that Classes may be cancelled from time to time and, if that happens, You will be notified via the Chalkle Website and/or Your nominated email address and the Fee You paid for that Class will be refunded.
You may cancel a booking via the Chalkle Website up to three days prior to the time that the Class is scheduled to take place, and the Fee You paid for that Class will be refunded.
You acknowledge and consent to Chalkle receiving fees, commissions and/or other benefits or payments from Provider Administrators, advertisers and other persons in connection with the Classes, the Chalkle Website and Chalkle's related roles, activities and services (including success fees based on the Classes that You book). You agree that Chalkle does not need to report to You the amount or basis for calculating any such fees, commissions and/or other benefits or payments.
You agree that Chalkle may send You emails relating to Your membership, Classes, Provider Administrators and Teachers, and other matters relating to the Chalkle Website.
Chalkle encourages You to provide feedback regarding Classes, Teachers, and Your experience using the Chalkle Website. You must ensure that any feedback or comments posted on the Chalkle Website do not contain any defamatory, offensive, or inappropriate language or content. Chalkle may remove any feedback or other comments that it considers to be defamatory, offensive, or inappropriate.
Chalkle collects information about You through Your registration and use of the Chalkle Website (including Your registration details, information relating to Your use of the Chalkle Website, payment and transaction details, and information from other social media sites). Chalkle may also collect personal information for a purpose required or permitted by the Privacy Act 1993 or otherwise as required or permitted by law.
Chalkle may use such information to verify Your identity, to communicate with You, to apply the Terms and protect Chalkle's rights, to help ensure the secure and proper operation of the Chalkle Website, for internal research purposes, and for any other use that You authorise.
Chalkle will not sell or rent Your personal information to third parties.
Chalkle will only release personal information when we believe it is required or appropriate:
for legal compliance (including disclosure to government agencies with statutory law enforcement responsibilities, such as the New Zealand Police);
to facilitate court proceedings;
to apply the Terms and/or protect Chalkle's rights;
to help ensure the secure and proper operation of the Chalkle Website;
as otherwise set out in these Terms; or
as You may otherwise authorise Chalkle to do so.
Chalkle may also disclose Your personal information to Provider Administrators and Teachers in connection with any Class that You have booked through the Chalkle Website.
From time to time Chalkle may engage third party contractors to perform services for Chalkle relating to the Chalkle Website, and it may be necessary to disclose Your personal information to those contractors for that purpose. Chalkle will ensure that its contracts with third party contractors include clauses which protect Your personal information against unauthorised disclosure or use.
You can update Your personal information through the Chalkle Website (including changing Your email address, password, phone number, etc). Also, if You would like to check or correct any personal information that Chalkle holds about You, You can send an email to: email@example.com.
Conduct: When attending a Class You agree to act courteously and respectfully to the Teacher and all other members and attendees.
Amendments: Chalkle may amend these Terms from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on the Chalkle Website. It is Your responsibility to ensure You are familiar with the latest Terms. Your continued use of the Chalkle Website demonstrates Your acceptance of the Terms as amended.
Entire agreement: These Terms constitute the entire agreement between You and Chalkle relating to the subject matter of these Terms and use of the Chalkle Website and supersedes and cancels any previous agreement, understanding or arrangement whether written or oral.
No partnership, joint venture: Nothing in these Terms shall create or evidence any partnership, joint venture, agency, trust or employer/employee relationship between the parties and neither party shall have authority to act for, or to incur any obligation on behalf of, the other party.
Severance: If any provision of these Terms is or becomes unenforceable, illegal or invalid for any reason it shall be deemed to be severed from these Terms without affecting the validity of the remainder of these Terms and shall not affect the enforceability, legality, validity or application of any other provision of these Terms.
Waiver: No failure or forbearance by Chalkle to exercise, or delay in exercising, (in whole or in part) any right, power or remedy under, or in connection with, these Terms shall operate as a waiver of that right, power or remedy. A waiver of any breach of any provision of these Terms shall not be effective unless that waiver is in writing and is signed by the party against whom that waiver is claimed. A waiver of any breach shall not be, or be deemed to be, a waiver of any other or subsequent breach.
Governing law: These Terms are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these Terms.
References: In these Terms unless the context otherwise requires: