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Ora Online Website Use and Service Terms & Conditions

Effective date: 3 March 2024

 Welcome to Ora Online!

The following terms and conditions govern your use of the Ora Online website. By accessing our services, you agree to these terms.

The following Terms and Conditions (“Terms”) apply to the provision of our Online Courses and Communities, Courses, e-courses, workshops and other educational (“Courses”) by us, to you. They should be read in combination with our Privacy Policy (https://www.oraonline.nz/ora-online-privacy-policy).

We are Ora New Zealand (2004) Ltd (NZBN -9429035453307), trading as Ora Online.

Our registered office is 30 Rathbone Street, Whangarei, 0110 , New Zealand .

Throughout these Terms, we will refer to ourselves interchangeably as “we”, “our” or “us”.

References to “you” or “your” apply to:

  • Students of any of our Courses and/or Communities; and/or
  • Purchasers of any of our course materials.

Please read these terms carefully before you enrol on any of our courses. These terms tell you how we will provide our courses to you, how you and we may change or end this contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

Please make sure that you read and understand Clause 9 of these Terms in particular, as this clause limits our liability to you.

If you have any questions relating to these Terms, please contact us at: [email protected]

1. Interpretation

The following definitions and rules of interpretation apply to these Terms.

1.1 Definitions

 “Confidential Information”: Any confidential or proprietary information generated, created, or owned by us however recorded (including without limitation the Courses, Course Materials, drawings, samples, client and supplier lists, plans, prototypes, models or methods, information, know how, commercial and financial data, and any information or analysis derived from this Confidential Information, and/or the Intellectual Property Rights) which we directly or indirectly identify as such, either orally or in writing, or is clearly confidential from the circumstances and nature of the disclosure.

“Courses”: the online education services (Online Courses and Online Communities) delivered by us Ora Online and Course Tutors, including the Course Materials, supplied by us to you as set out in the Course Information.

“Course Materials”: the written and recorded media provided supplied online to you, to accompany the Courses and/or Community.

“Course Information”: the description or information for each Course and/or Community provided on each Course’s or Community's page on the Website and in the specific FAQ’s to that Course or Community.

“Course Tutor”: shall mean those representatives of Ora Online who deliver training, coaching and support to groups or individuals, as part of the Products & Services.

“Enrol”, “Enrolment”, “Enrolling”: enrolment onto one of our Courses, requiring payment in accordance with Clause 6, or a grant of access to our Courses by some other means at our sole discretion.

“Intellectual Property Rights”: patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

1.2 A reference to a party includes its personal representatives, successors and permitted assigns.

1.3 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

1.4  A reference to “writing” or “written” includes email.

2. Your agreement to these Terms

2.1 By accessing or using this Website, you affirm that you are at least 18 years old and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

2.2 By using this Website, or by registering an account with us, or by Enrolling on or using our Courses, you agree that you have read, understood, and agree to be bound by these Terms.

2.3 These Terms apply to the exclusion of any other terms that you may seek impose or incorporate, or which are implied by trade, custom, practice or Course of dealing.

2.4 Additional terms and conditions for specific Courses may also apply to those Courses. These terms and conditions will be made clear to you when Enrolling on these Courses.

2.5 We reserve the right to amend these Terms from time to time. We shall notify you of any changes made.

3. Our Services

3.1 We warrant to you that our Courses will be delivered to you using reasonable care and skill.

3.2 We shall supply our Courses to you in accordance with the relevant Course information in all material respects.

3.3 We shall use all reasonable endeavours to meet any performance dates specified in the relevant Course Information, but any dates shall be estimates only and time shall not be of the essence for our performance in delivering our Courses.

3.4 We reserve the right to amend the Website and Course information to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Courses. We will notify you of these amendments.

3.5 Our Courses are not accredited by a regulatory body and do not serve, at present, as a recognised qualification. They are designed to be instructional, not to confer a particular qualification. Students are responsible for their own compliance with any relevant legislation in place governing the delivery of services having completed a Course.

3.6 We have taken all reasonable care in sourcing and presenting accurate information during the Course but do not warrant that any content created by Course Tutors or any third party suppliers of goods or services, or any content provided in the Course Materials or our Courses, will be error free. No responsibility is accepted for any inaccuracies or mistakes in the information, or for any loss or damage that may result from its use.

3.7 A Course may have an end date or limited timeframe in which you are granted access. Where this applies, this will be made clear in the Course Materials and you acknowledge that it is your responsibility to complete your Course within this time.

3.8 We aim to provide uninterrupted access to the Course and its corresponding Course materials for the duration of the Course. You acknowledge that occasionally technical difficulties may interrupt services. We will use our best endeavours to resolve any technical difficulties and to resume normal service as soon as is reasonably practical.

3.9 Our programs are designed to be instructional only.  They do not confer on students any particular ‘qualification’.  Students are responsible for ensuring their own compliance with any relevant legislation or training standards they are required to meet in order to perform their services.

3.10 Completing any of our courses does not qualify you as a rongoā Māori practitioner. 

4. Intellectual Property Rights

4.1 We own the Intellectual Property Rights arising out of or in connection with the Website and the Courses.

4.2 Subject to your compliance with these Terms, we grant you a revocable, worldwide, non-exclusive, non-assignable, non-sub-licensable limited licence to access the Website, and (at our discretion and usually subject to the creation of an account and Enrolment without cancellation) the Courses as an individual for the purpose of private individual study, and to download content for the same purpose.

4.3 We do not own any content uploaded to our Website, or submitted to us that is provided solely by you. Any content solely created by you that you submit to us, or upload to our Website will be kept confidential unless we obtain your permission to publish. You expressly consent to us using any positive feedback given to us by you for the promotion of our services. You retain all your ownership rights in your content, but you grant us and other users of the Website and Courses a limited licence to use that content in any way we choose, and to make it available to third parties.

5. Your Obligations

5.1 You agree to keep the Confidential Information confidential. By purchasing any Ora Online product you agree to not share your username/account login details and password with any other person(s). 

5.2 You agree that you shall not distribute, modify, alter all or any part of the Website, Courses, Course Information, or Course Materials in any form without our prior written consent.

5.3 You agree not to use the Website or Online Content and Courses for any commercial uses, or for the benefit of any other party, including:

5.3.1 Selling access to the Website;

5.3.2 Soliciting customers for other websites; or

5.3.3 Soliciting customers or visitors for any other business.

You agree not to contact us, or any other user of the Website or Courses for this purpose.

5.4 You will not copy, reproduce, create derivative works of, distribute, transmit, sell, license, or otherwise exploit any content contained on the Website, Courses, Course Materials, or Course Information, or act in any way that would infringe our Intellectual Property Rights or Confidential Information – without our prior written consent. Nor will you procure, encourage, or assist anyone else in doing so.

5.5 You agree to use the Website and Courses in a way which does not infringe the rights of third parties (including the Intellectual Property Rights or confidential information of third parties).

5.6 If during your use of the Website or participation in the Courses, you generate content that is submitted to us, you warrant that you have all necessary rights to submit it to us and for us to publish it. Content generated by you must not infringe any third party Intellectual Property Rights.

5.7 You agree not to access or attempt to access any other account on the Website or Courses, or impersonate anyone else, or otherwise misrepresent your personal information or identity.

5.8 You agree that all communications made through the Website or on Courses constitutes a public discussion. We may at our discretion monitor these communications to improve our Courses, or to improve the experience of our customers and visitors.

5.9 You acknowledge and agree that we may at our sole discretion modify, change, update, suspend, or terminate access to or use of the Website and Courses, which we may change from time to time without prior notice to you.

5.10 You agree to use the Website and access the Courses only for lawful purposes and that your use is in no way unlawful. You shall not attempt to circumvent, disable or otherwise interfere with any security, access restricting, use limiting, or content filtering features of the Website.

5.11 You agree not to knowingly transmit any data that contains any harmful software courses or code to us, the Website, or any other users of the Website or Courses.

5.12 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences of that breach.

5.13 You agree that your access to any services you purchase from us is for a limited period and is subject to the conditions of the offer details at the time of purchase.

6. Enrolment for a Course and Payment

6.1 In order to access our Courses via the Website, you will need to Enrol by signing up for an account and paying the relevant fee for access to the Course. We reserve the right to deny or grant access to the Courses at our sole discretion.

6.2 Enrolment is not considered complete until payment has been made (either deposit for instalments or full payment) and has cleared, or access has been granted in writing by us to you for some other reason, at our sole discretion.

6.3 If you subscribe to a payment plan you agree to pay the remaining instalments on their due date until the Course has been paid in full. This applies even if you decide to withdraw from the Course (subject to the cancellation provisions covering in Clause 7). If you subscribe to a payment plan and fail to pay your instalments on the dates agreed, your access to the Course will be suspended without refund until the payment has been received.

6.4 If you fail to pay your instalments within 90 days of the dates agreed, you will be required to pay the full Course price (as set at the time of payment) in order to regain access.  We reserve the right to take legal action to recover any payments owed to us.

6.5 Payments are only accepted through by credit or debit card and afterpay. We do not accept payments by cash, cheque, or bank transfer.

6.6 In accordance with New Zealand tax law, all services provided to New Zealand based users, will include a goods and services tax (GST) charged at a rate set by the New Zealand Government.  

6.7 Enterprise or multiple user subscriptions and payments will be handled by Ora Online Administration team directly please contact [email protected].

6.8 Ora Online reserves the right to change its fees at any time. 

7. Cancellation

7.1 We understand that sometimes purchasing decisions can be made in the heat of the moment.  Therefore, we will allow you to change your mind up to five (5) calendar days after the date that we confirm your purchase of Enrolment and you have not downloaded or streamed any of the Courses or associated content.

7.2 If you wish to exercise your right to change your mind, please let us know by doing one of the following:

7.2.1 Email: by email at [email protected]

7.3 Upon cancelling Enrolment in accordance with clause 7.1, we will reimburse to you all payments received from you for this particular Enrolment. We will make the reimbursement without undue delay, and not later than fourteen (14) days after the date upon which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction.

7.4 Upon cancelling Enrolment in accordance with clause 7.1 you will, as appropriate, return to us or delete any Course Content in your possession, and any other material created by or belonging to us. You will no longer have access to the relevant Courses, and Course Content relating to your cancelled Enrolment.

7.5 Refunds cannot be given once payment has been made, in part or in full, except where clause 7.1 applies. This applies to deposits or instalments paid as well as full Course payments. Refunds are not awarded to students who failed the Course they were enrolled on.

7.6 Consumer Guarantees Act: We are absolutely committed to providing quality courses and service to our customers. We stake our reputation on it. If our course does not match your expectations and you feel that we have mispresented it in any way we want to hear from you. Please notify us immediately at [email protected]. We will meet our obligations under the Consumer Guarantees Act to provide a remedy as quickly as possible. We guarantee that we will correct any error and refund your course fees if our material is found to be misleading or our service substandard. This does not apply if you simply change your mind about completing the course.

8. Your Account

8.1 You are required to register an account with us in order to access the Courses.

8.2 You agree that to enrol as a student in any of the Courses we offer, you must create an account. This account will contain certain personal details and payment information if you purchased a course from us. Your “Account Details” will be accessed by a username and password. By continuing to login, use our website and access your account you agree that:

8.2.1 all information you provide is accurate and truthful

8.2.2 you have permission and authority to submit the payment information data

8.2.3 you will not share your username and password. We accept no liability for any losses or damages incurred as a result of your Account Details being shared by you or any third party who obtained this information illegally from you

8.2.4 if you believe your Account Details have been obtained by another person without your consent, you will contact us immediately to suspend your account.

8.3 If you choose to create an account to access our Courses, or if you are provided with a user name, password or any other piece of information as part of our security procedures, you must treat this information as confidential.

8.4 We have the right to disable any user username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

8.5 If you know or suspect that anyone other than you, knows your user username and password, you must promptly notify us in writing at this email address [email protected]

 9. Limitation of Liability

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

9.1 The Website, Course Materials and Courses are provided to you “as is”, we make no representation as to their accuracy, completeness, or whether or not they are up-to-date, or that they will meet your requirements. Any recipes and formulas provided to you are for demonstration purposes only.

9.2 Although we will take reasonable measures to ensure your security while using the Website and the Courses, we accept no responsibility or liability for your use of them, which is entirely at your own risk.

9.3 We make no representation or warranty that the operation of the Website or of the Courses will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.

9.4 Nothing in these Terms limits or excludes any liability of ours which cannot legally be limited, including liability for:

9.4.1 death or personal injury caused by negligence;

9.4.2 fraud or fraudulent misrepresentation; and

9.4.3 breach of the terms implied by the New Zealand Consumer Guarantees Act

9.5 We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

9.5.1 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited the total amount of money paid by you for products under such contract.

 9.6 All publications and content in this website is for general information only. While every effort has been made to ensure accuracy, because the information is generalised accuracy cannot be guaranteed. Customers are advised to seek independent advice on specific matters and not rely solely on information provided on the website or in the Community Space.  No liability is assumed by Ora New Zealand (2004) Ltd for any losses incurred, directly or indirectly, by any person relying on the information contained on the Ora online website.

10. Your Liability

10.1 You agree to fully indemnify us from any actions, claims, demands, costs, expenses, losses, or any other relief claimed against us as a result (directly or indirectly) of:

10.1.1 Content submitted by you;

10.1.2 Your use of the Website;

10.1.3 Your use of the Courses;

10.1.4 Your breach of these Terms; or

10.1.5 Any other act or omission or breach of duty on your part.

11. Course Tutors and Support

11.1 A Course may, at our discretion, include access to support from a Course Tutor. Where this applies, availability of the support will be made clear in the Course Materials and you acknowledge that it is your responsibility to access this support at these times and in accordance with the Our Marae Space Community Standards.

11.2 Personalised or One-on-One Tutor support is not included with the Courses, unless otherwise specified.

12. Acceptable Use Policy

12.1 You promise to conduct yourself in a professional, respectful and responsible manner when using the student forum in any social media associated with us.

12.2 Students agree to behave in a professional, respectful and responsible manner during the Course. We reserve the right to remove you from the Course without refund if your behaviour is not professional, respectful and responsible.

13. General Terms

13.1 These Terms are governed by the law of New Zealand and the courts of New Zealand shall have exclusive jurisdiction over any dispute arising from, or in connection with, them.

13.2 Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

13.3 The Terms are between you and us. No other person has any rights to enforce any of them. You may only assign or transfer your rights or your obligations under the Terms to another person if we agree in writing.

Contact Us

If you have any questions, concerns or complaints about this Ora Online Website Use and Service Terms and Conditions, please contact us:

Thank you for choosing Ora Online for your online training needs!