1.1 You may access and use the Templates in accordance with these Terms. These Terms apply whenever you access or use the Templates.<\/p>\n
1.2 If you access or use a Template:<\/p>\n
a\u00a0 \u00a0 \u00a0you agree to these Terms; and<\/p>\n
b\u00a0 \u00a0 \u00a0where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person\u2019s behalf and that, by agreeing to these Terms on that person\u2019s behalf, that person is bound by these Terms.<\/p>\n
1.3 If you do not agree to these Terms, you are not authorised to access and use the Templates, and you must immediately stop doing so<\/p>\n<\/div><\/div><\/div><\/div><\/div>
In these Terms:<\/p>\n
Derived Document includes:<\/p>\n
Including<\/em>\u00a0and similar words do not imply any limit<\/p>\n Loss<\/em>\u00a0includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor<\/p>\n Personal information<\/em>\u00a0means information about an identifiable, living person<\/p>\n Placeholder Text<\/em>\u00a0means text in a Template in [square brackets] around black\/italics text that indicates that requested details need to be inserted<\/p>\n 1PlaceChildcare<\/em>,\u00a0we<\/em>,\u00a0us<\/em>\u00a0or\u00a0our<\/em>\u00a0means the New Zealand company 1Place International Limited<\/p>\n Template<\/em>\u00a0means a template document including Checklist and incident forms<\/p>\n Terms<\/em>\u00a0means these terms and conditions titled\u00a0Template Terms of Use<\/em><\/p>\n Website<\/em>\u00a0means 1Placechildcare.com<\/p>\n Words<\/em>\u00a0in the singular include the plural and vice versa<\/p>\n You<\/em>\u00a0means you or, if clause 1.2b applies, both you and the other person on whose behalf you are acting.<\/p>\n<\/div><\/div><\/div><\/div><\/div> 3.1 You:<\/p>\n a\u00a0 \u00a0 \u00a0may view, copy, modify or adapt a Template, and make Templates and Derived Documents available to third parties subject to your compliance with these Terms; and<\/p>\n b\u00a0 \u00a0 \u00a0must remove all proprietary notices and all references to us if you modify the Templates, other than by the completion of Placeholder Text and the selection of options provided in the Templates.<\/p>\n 3.2 You must not:<\/p>\n a\u00a0 \u00a0 \u00a0sell, sublicense, or otherwise deal in or commercialise the Templates or Derived Documents (including charging any person to use the Templates or Derived Documents), except as expressly permitted by these Terms;<\/p>\n b\u00a0 \u00a0 \u00a0publish any of the Templates or Derived Documents, or make any of the Templates or Derived Documents available for download on any website, software application or similar service; or<\/p>\n c\u00a0 \u00a0 \u00a0provide any Templates or Derived Documents to any person to do any of the things prohibited in 3.4a or b.<\/p>\n<\/div><\/div><\/div><\/div><\/div> 4.1 The Templates are provided for guidance purposes only. The Templates:<\/p>\n a\u00a0 \u00a0 \u00a0are not intended to replace the need for professional advice. A Template should be modified to address your specific circumstances. We recommend you seek the help of a qualified provider if you wish to use any Template.<\/p>\n 4.2 By making the Templates available to you: we are not providing you with legal or professional services (or other regulated services);<\/p>\n<\/div><\/div><\/div><\/div><\/div> 5.1 Subject to clause 5.2 you will own the modifications that you make to the Templates (other than modifications that are copies or adaptations of the Templates (in whole or in part)). Despite this, these Terms apply to all Derived Documents. You will own the modifications that you make to the Templates (other than modifications that are copies or adaptations of the Templates (in whole or in part)). Despite this, these Terms apply to all Derived Documents.<\/p>\n 5.2 If you provide us with ideas, comments or suggestions relating to the Templates or Website (together feedback):<\/p>\n a\u00a0 \u00a0 \u00a0all intellectual property rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and<\/p>\n b\u00a0 \u00a0 \u00a0we may use or disclose the feedback for any purpose.<\/p>\n<\/div><\/div><\/div><\/div><\/div> 6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:<\/p>\n a\u00a0 \u00a0 \u00a0any modification or adaptation you make to a Template or Derived Document;<\/p>\n b\u00a0 \u00a0 \u00a0any Template being unavailable (in whole or in part);<\/p>\n c\u00a0 \u00a0 \u00a0any information or content contained in a Template, including any error or omission, or information or content that is out-of-date;<\/p>\n d\u00a0 \u00a0 \u00a0any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Templates or the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Templates and the Website protects you from this; and<\/p>\n e\u00a0 \u00a0 \u00a0any site linked from a Template or the Website. Any link in a Template or on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.<\/p>\n 6.2 The Templates are based on New Zealand law. We make no representation or warranty that the Templates are appropriate or available for use in other countries or that the content satisfies the laws of other countries. You are responsible for ensuring that your access to and use of the Templates is not illegal or prohibited, and for your compliance with applicable local laws.<\/p>\n<\/div><\/div><\/div><\/div><\/div> 7.1 To the maximum extent permitted by law:<\/p>\n a\u00a0 \u00a0 \u00a0you access and use the Templates and Derived Documents at your own risk;<\/p>\n b\u00a0 \u00a0 \u00a0any implied conditions or warranties (including any warranties under subparts 1 to 6 of Part 3 of the Contract and Commercial Law Act 2017) are excluded and, to the extent that they cannot be excluded, liability for them is limited to NZD10; and<\/p>\n c\u00a0 \u00a0 \u00a0we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Templates, Derived Documents, or your access and use of (or inability to access or use) the Templates or Derived Documents. This exclusion applies regardless of whether the liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.<\/p>\n 7.2 You indemnify us against all Loss we suffer or incur as a direct or indirect result of:<\/p>\n a\u00a0 \u00a0 \u00a0your failure to comply with these Terms, including any failure of a person who accesses and uses our Templates using your LinkedIn or other login; or<\/p>\n b\u00a0 \u00a0 \u00a0your use of a Template or Derived Document, including any transaction you enter into using a Template or Derived Document; and<\/p>\n c\u00a0 \u00a0 \u00a0in the case of legal service providers, any advice, Templates or Derived Documents provided by you to your clients.<\/p>\n 7.3 You agree and represent that you are acquiring the Templates for the purposes of trade. The parties agree, to the maximum extent permissible by law, that the New Zealand Consumer Guarantees Act 1993 does not apply to the supply of the Templates or these Terms. The parties agree that it is fair and reasonable that the parties are bound by this Agreement and in particular this clause 8.3.<\/p>\n 7.4 Where legislation or rule of law implies a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in these Terms. However, our liability for any breach of that condition or warranty is limited, at our option, to:<\/p>\n a\u00a0 \u00a0 \u00a0supplying the relevant Template again; and\/or<\/p>\n b\u00a0 \u00a0 \u00a0NZD10.<\/p>\n<\/div><\/div><\/div><\/div><\/div>3 USE OF TEMPLATES<\/h3>\n<\/div>
4 CONDITION OF AVAILABILITY AND USE<\/h3>\n<\/div>
5 INTELLECTUAL PROPERTY<\/h3>\n<\/div>
6 DISCLAIMERS<\/h3>\n<\/div>
7 LIABILITY<\/h3>\n<\/div>