NZDEN LMS – Terms of Use
Last updated:1st September 2025
Applies to: learn.nzden.org.nz (the “LMS”), operated by New Zealand Disability Employers’ Network (“NZDEN”, “we”, “us”, “our”).
If you use the LMS, you agree to these Terms. If you’re under 16, you may use the LMS only with the permission and active involvement of a parent or legal guardian.
1) About these Terms
These Terms govern your access to and use of the LMS, including course materials, forums and features made available through Thinkific. By creating an LMS account or enrolling in a course, you accept these Terms.
2) Other terms that apply
- Privacy: Our LMS Privacy Policy explains what we collect and why.
- Platform terms: The LMS is hosted by Thinkific; your use of the platform also remains subject to Thinkific’s Terms of Service, Privacy and Cookies policies (together, “Thinkific Terms”). If there is a conflict, these Terms apply to NZDEN’s courses and services, and the Thinkific Terms apply to platform use.
3) Accounts and eligibility
- You must provide accurate registration information and keep it current.
- Accounts are personal to you; don’t share login details.
- If you are under 16, a parent or guardian must consent and remain actively involved in your use of the LMS.
4) Your use of the LMS
You agree to:
- Use the LMS only for lawful purposes and in a way that does not infringe others’ rights.
- Respect NZDEN’s inclusive values: be respectful, do not harass or abuse others, and keep discussions on topic.
- Do not copy, share, re‑publish, frame, scrape, harvest, or create derivative works from course materials except as expressly permitted in Section 6 (Copyright & IP).
- Do not attempt to bypass security or access the LMS in a way that could harm or overload our systems or Thinkific’s platform. (Thinkific provides the platform and may enforce its own terms and policies in parallel.)
5) Enrolments, pricing, payments and refunds
- Course descriptions, schedules and prices may change. We’ll correct any errors we discover.
- Payments are processed by the platform’s integrated payment providers; NZDEN does not store your full card details. (Thinkific explains how payment and transaction data are handled on the platform.)
- Where a refund policy is offered, it will appear on the course information page. Nothing in these Terms excludes rights you may have that cannot be excluded under New Zealand law.
6) Copyright and intellectual property
6.1 NZDEN materials
All course content and other materials on the LMS—including text, slides, videos, audio, assessments, images, graphics, logos, trademarks and design elements—are protected by copyright, trade mark and other intellectual property laws. Unless we say otherwise in writing, NZDEN (or our licensors) owns all intellectual property rights in these materials.
6.2 Your licence to use content
When you enrol, NZDEN grants you a limited, non‑exclusive, non‑transferable licence to access and use the course materials for your personal learning only during your enrolment. You must not reproduce, distribute, publicly display, sell, license, modify, make derivative works from, or otherwise exploit the materials, except to the extent permitted by New Zealand copyright law (see 6.5) or with our prior written permission.
6.3 Your content (assignments, forum posts, submissions)
You retain ownership of content you submit (“Student Content”). You grant NZDEN a worldwide, non‑exclusive, royalty‑free licence to host, store, display and use your Student Content solely to operate the LMS, deliver the course, and support assessment and moderation. You confirm you have the necessary rights to share your Student Content and that it does not infringe others’ rights.
6.4 Third‑party content and marks
Third‑party content (including embedded media or readings) remains the property of its owners and is used under licence or permission. Trade marks, service marks and logos displayed on the LMS are the property of their respective owners and may not be used without permission.
6.5 Fair dealing / permitted uses (New Zealand)
New Zealand’s Copyright Act 1994 provides limited exceptions (e.g., research or private study, criticism or review, reporting current events), often referred to as fair dealing. Whether a use is “fair” depends on the facts; copying substantial parts is generally not permitted without permission. For details, see public guidance and the Act.
6.6 Reporting concerns
If you believe content on the LMS infringes your rights, please contact us (see Section 14). Thinkific also maintains a platform DMCA policy accessible in its Legal Center.
7) Assessments, certificates and professional outcomes
We may issue certificates or badges for completion; this does not guarantee a particular professional outcome or competency level.
8) Availability; changes to the LMS or courses
We may add, remove or modify courses, modules or features. The LMS may be unavailable from time to time for maintenance or due to platform/provider issues. (Thinkific may update its services or terms from time to time.)
9) Termination and suspension
We may suspend or close your LMS account if you breach these Terms, misuse the platform, or as required by law or the platform provider. You may close your account at any time (some data may be retained as required by law—see our Privacy Policy). Course access may end when a course concludes or your enrolment expires.
10) Disclaimers
The LMS content is provided in good faith for learning purposes. While we strive for accuracy and currency, we do not make warranties or representations of any kind about completeness, fitness for purpose, or results. To the maximum extent permitted by law, we disclaim all implied warranties. (This aligns with NZDEN’s approach to guidance in its membership agreements.)
11) Limitation of liability
To the maximum extent permitted by law, NZDEN will not be liable for any indirect, special, consequential or exemplary damages arising from or relating to your use of the LMS. Where liability cannot be excluded, our aggregate liability is limited to the fees you paid for the course(s) giving rise to the claim in the 12 months before the event.
12) Third‑party services
The LMS runs on Thinkific and may integrate third‑party tools (e.g., video, analytics, payment services). Those services have their own terms and policies; please review them.
13) Governing law
These Terms are governed by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts. (This approach mirrors NZDEN’s standard contracting position.)
14) Contact us
Questions, feedback, or IP concerns: Phil Turner, NZDEN, 25A Kyle Road, Greenhithe, Auckland, [email protected]
15) Changes to these Terms
We may update these Terms from time to time. Material changes will be notified via the LMS or by email; continued use after changes take effect means you accept the updated Terms. (Thinkific also updates its Terms periodically and posts the effective date on its site.)