Stroke Education’s Site Terms of Use applies to anyone who visits the New Zealand Stroke Education Trust (NZSET) Web site or uses any of our services. In this Site Terms of Use and generally on the Stroke Education Web site,
"we", "our" or "Stroke Education" means New Zealand Stroke Education Trust (a charitable trust);
"Licence" means conditions to use audio-visual materials provided by the New Zealand Stroke Education Trust for either personal (Individual licence) or institutional/public use (Institutional licence).
"you" means you, the person using our services or visiting our Web site;
"services" means all goods or services we provide and anything else we do for you, including allowing you to access our Web site.
If you are a client, then Stroke Education's Standard Terms and Conditions will apply to your use of our services. Other contractual terms apply to some services. It is important that you are familiar with the terms applying to your use of our services. Nothing in this Site Terms of Use is intended to affect any of those terms.
LICENCE TERMS ("terms")
1. Licence
In consideration of the Licence fee paid by the Customer to NZSET for the purchased DVDs and downloaded video materials (the "data"), NZSET grants the Customer a non-exclusive nontransferable licence (with no rights of sub-licence or copyright contained in the DVDs/data) to use the stroke educational DVD(s) and downloaded video materials on the terms and as set out here which, subject to any non-excludable laws, are the entire terms governing the Customer's use of the supplied DVD(s) and downloaded video materials.
2. Two types of licences
a) Individual licence: DVD(s) and downloaded video materials with this licence are licensed for individuals (home and private use) only.
b) Institutional/community licence: DVD(s) and downloaded video materials with this licence are licensed for hospitals, outpatient clinics, universities, colleges, libraries, companies, societies and other organizations. This licence grants permission to loan the DVDs and downloaded video materials to the customers (including inter-library loan) and/or screen the DVD and downloaded video materials before a public audience in the organization that bought that particular DVD(s) and downloaded video materials only (it does not include radio, TV, internet and other means of broadcasting of the whole or part of the DVD outside of the physical address of the organization concerned).
3. Right of Use
a) The Customer may use the supplied DVD(s) and downloaded video materials on any compatible DVD player or computer provided that it is only accessed by one central processing unit at any one time.
b) The supplied DVD(s) and downloaded video materials is copyright and is strictly for the Customer's own use and must not be copied for distribution, publication or dissemination in whole or in part without NZSET's prior written permission.
c) Unauthorized copying or modification of the supplied DVD(s) and downloaded video materials is expressly forbidden and is a breach of NZSET's copyright.
d) Purchase of our DVD(s) and downloaded video materials constitutes an agreement to these licensing terms. Please inquire about other licenses and public performance rights. We will try to accommodate your specific needs.
4. Property and Ownership of the Data
The Licence granted to the Customer in these terms does not make the Customer the owner of the data nor does it cause any transfer or assignment of any proprietorial rights in the data to the Customer. Ownership of the data and / or proprietorial rights in it remains with NZSET and nothing in these terms shall assign or transfer to the Customer any rights in the copyright or other intellectual or industrial property rights in the DVD(s) supplied and downloaded video materials to the Customer.
5. Liability
Every effort has been taken by NZSET to ensure the accuracy of the supplied data. Neither NZSET nor any member of the NZSET group including its employees, has any liability to the Customer as a result of the use of the supplied file and data, whether in contract or tort, including negligence, equity or otherwise. NZSET does not have to pay the Customer or anyone else for anything else caused by, resulting from or relating to anything NZSET has done or omitted to do, whether or not it is contemplated or authorized by NZSET. This applies no matter how or why any liability, injury, expense, loss of profits or other loss might arise.
NZSET makes or gives no warranty, undertaking or representation in relation to the condition, correctness, suitability, accuracy, quality fitness, completeness, safety or title of the data as the case may be except as expressly provided in these terms. The supplied data is based upon the publications known as the Stroke Education Ltd stroke educational DVD(s) and video materials but does not include non-published listings, display advertisements or extra entries such as facsimile numbers or email addresses. The Customer acknowledges that it has not relied on NZSET's or Stroke Education Ltd’s representation, descriptions, specifications, skill or judgment in purchasing the data (DVD and downloaded video materials) and that the Customer is satisfied as to the condition and suitability of the data for its purposes.
6. Termination
NZSET may terminate this Licence granted to the Customer immediately:
a) if the Customer is in breach of any clause of these terms; or
b) if the Customer fails to make payment to NZSET for this Licence to use the data.
Immediately upon termination of the Customer's Licence to use the data for any reason whatsoever, the Customer's rights under these terms shall cease except as provided in paragraph 7 below. The Customer shall then immediately, and at its cost, return the original DVD(s) together with any copies to NZSET; while the downloaded video materials must be deleted/destroyed from the Customer’s computer(s).
7. Waiver and Exercise of Rights
The failure of either party to insist upon a strict performance of any of the terms of this Licence shall not be deemed a waiver of any subsequent breach or default in the terms of this Licence. The acceptance by NZSET or its agent of any money paid under these Terms after any breach or default by the Customer of any one or more of the terms of this Licence, whether before or after NZSET has knowledge or gives the Customer notice of any breach or default, shall not constitute a waiver by NZSET of that breach or default. The expiration or termination of this Licence shall be without prejudice to the rights of either party against the other in respect of anything done or omitted to be done under this Licence prior to such expiration or termination or in respect of any sums of other claims outstanding at the time of expiration or termination.
8. Validity of Each Term
If any term of this Licence is not valid or cannot be enforced for any reason all other terms remain valid and enforceable.
Other Policies May Apply
In addition to this Site Terms of Use other policies may apply to some of our services.
Complying With Our Policies
By using Stroke Education's services, you agree to comply with this Site’s Terms of Use and with any other policies which apply. The policies are designed to make sure that accessing Mission Design’s website is a positive experience for everyone. If you do not comply with any term of this Site Terms of Use, or the other applicable policies relevant to your use of a particular service, we may take any of the measures set out in the paragraph: Site Management Rights.
SHIPPING POLICIES
Shipping services
For the secure and fast delivery of products we use DHL shipping service (for shipments outside New Zealand) or Courier Post (for shipments within New Zealand), who pride themselves on reliable and consistent delivery. All orders are bubble wrapped to avoid damage. We cannot ship to P.O. Boxes using these secure delivery services so please contact us for other arrangements. All parcels are bar-coded for fast and accurate tracking should the need arise.
Shipping and Handling fees
Postage and packaging costs apply to physical (hard copy) DVDs only are at the following flat rates:
All shipments within New Zealand will be done by Courier Mail at the rate of US$10 per package (one package is defined as one or two DVDs ordered separately or a set of 3 DVDs).
Standard DHL Global Mail rate of US$30 will be used for non-urgent shipment of one package outside New Zealand (one package is defined as one or two DVDs ordered separately or a set of 3 DVDs).
Door-to-door DHL Express urgent delivery rates for shipment one package (one package is defined as one or two DVDs ordered separately or a set of 3 DVDs): Australia - US105, UK - US$120, USA and Canada - US$130, other parts of the world - US$140. Please click here to see which shipping zone your country belongs to.
Postage and packaging, and GST costs (GST costs are for orders within New Zealand only) are automatically calculated when you go through the checkout process depending on the kind of delivery service you chose. All bulk orders please inquire. If you have any queries in relation to the shipping of your order please contact us. All pricing includes insurance.
Delivery times
We will attempt to process and ship your order within 3-5 working days after receipt of order. If you need rush processing of your order, please contact us and we will do our best to accommodate your request.
Delivery times for Courier Mail service anywhere within New Zealand: Please allow 2-3 days for delivering your order(s) anywhere within New Zealand.
Delivery times for standard DHL Global Mail service outside New Zealand: Please allow 2 to 3 weeks from the time of the order clearance for delivering your order(s) outside New Zealand.
Delivery times for urgent door-to-door DHL Express service anywhere outside New Zealand: Please allow 2-3 working days for delivering your order(s) outside New Zealand.
Packaging
Each of the DVDs is placed in standard plastic DVD carrying case. The parcels are then hand wrapped in bubble wrap and placed in a plastic waterproof envelope (no more than 3 DVDs in one envelope) to ensure maximum protection.
Order Tracking
All shipments will have a tracking number which is displayed once an order is successful on the web page, and also on the receipt that is emailed. You can use this tracking number in the Order Tracking menu to track your orders shipping status.
Delivery times
We will attempt to process and ship your order within 3-5 working days after receipt of order. Please allow 15 to 25 days from the time of the order clearance for delivering your order(s) outside New Zealand, and 2-3 days for delivering your order(s) anywhere within New Zealand. If you need rush delivery, please contact us and we will do our best to accommodate your request.
Return policy
If you're not satisfied with a DVD purchase, return it for a full refund, excluding shipping and handling, within 30 days of our shipping date (10% restocking charges will be deducted from the refund). Items must be returned in good condition in original packaging with shipping prepaid. We will not give any refund for merchandise damaged, due to poor packaging on returns. Include a copy of your invoice or packing slip to ensure proper credit. Please allow 7 to 10 days processing time for credit adjustments on modified orders or returns.
To guarantee delivery, please insure your package or ship it by UPS or Fedex. Returns must be sent postpaid to:
Customer Service
NZ Stroke Education Trust
PO Box 36411
Northcote, Auckland 0748
NEW ZEALAND
Changing The Policies
We may change this Site Terms of Use and our policies applying to particular services at any time by changing or removing existing terms or adding new ones. Changes may take the form of completely new policies. We will tell you about any changes by posting an updated version of the particular policy on our Web site. Any change we make applies from the date we publish it on the Web site.
Disruptive Activities
You must not:
use any of our services to threaten, abuse, defame, harass or stalk others
use objectionable language or expressions of bigotry, racism or hatred on our Web site
disrupt activity online, spam, including sending unsolicited emails, bulk email, or distribution to multiple discussion groups, mailing lists or communities, distributing chain letters, pyramid schemes or hoaxes.
access or use anybody else's computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures
view, collect, forward or intercept email or other private communications not intended (by the sender) for you, or attempt to do any of these things.
post or use any software or device which may facilitate a continued connection or degrade or impede the service of another user, such as pinging, mail bombs or war dialling
run network scanning software or use open relay to distribute messages
Introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, our or anyone else's computer system or communications services
create or use a false identity for the purpose of misleading others as to the identity of the sender or origin of any message.
use false message headers or omit message headers.
Your Responsibilities
You are responsible for:
All your activities while using any of our services and for anything you say or post on the site
using your own judgement when evaluating information you access by using our services, remember some information could be from anyone of any age or experience level
your personal information. We recommend you do not give your name, address, phone number or credit card numbers unless the site you are visiting and the method of access are secure. Make sure you know who you are giving your information to even if it is on a secure site
what you see on the Internet, including information that your children access. Some content and some links may contain adult content and may not be suitable for children. We encourage you to join your children as they explore the Internet. We can provide you with information about the Internet access management utility, Cyber Patrol
make sure everyone else who uses our service meets these responsibilities.
Material And Copyright
While every endeavour has been made to supply accurate information, errors and omissions may occur. Accordingly, Stroke Education does not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on or accessed through our Web site.
Material You Post Or Access
Material that you see on our Web site may be protected by copyright, trade mark, patent or other protections, even if it is not stated to be. Do not upload material or files unless you have the right or appropriate consent to do so.
By posting material in publicly accessible places on our Web site, you allow us to reproduce, publish, modify and distribute any part of that material, or incorporate it in other works in any form. If you do not own the material you must get the owner's consent before you post or upload it.
Objectionable Material
If you are concerned that something you have seen on a Web site or bulletin board we host is objectionable or should be classified, you should contact us.
Site Management Rights
If you do not comply with this Site Terms of Use or any other policy applying to a particular service, we may withhold, suspend, restrict or terminate your access to our services, or to Stroke Education. We may also require you to edit material we consider to be unauthorised, misleading, offensive, defamatory, illegal or detrimental to our reputation or to our brand. If you do not do so to our satisfaction, we may edit that material ourselves, and we may withhold, suspend, restrict or terminate your use of the service without further notice. Nothing in this Site Terms of Use or in any other policy is intended to affect our rights to withhold, suspend, restrict or terminate services as set out in the applicable Terms of Service or any other applicable contractual terms.
We may filter, delete or restrict access to material posted on our Web site or transmitted via our servers if you or anyone else does not comply with this Site Terms of Use or any other applicable policy.