PATHWAYZ Terms of Use

Last updated: 17 December 2014

These terms allow users to use Pathwayz. We've tried to ensure these terms are straightforward and fair, and in some cases have included notes to provide context. Please feel free to email us if you have any questions or suggestions.

  1. Using Pathwayz

    Pathwayz is an educational website and online community application available at, or replacement URL (Pathwayz). Note: We hope that Pathwayz will significantly improve science education. To help that happen, there are some things below that you need to commit to.

    1. Your Use of Pathwayz

      Under these terms of use you may only use Pathwayz for educational purposes. This does not include:

      • advertising or offering to sell any goods or services for any commercial purpose - to do that you must be registered with us as a third-party provider.
      • As we need to know who does what in Pathwayz, your right to use Pathwayz is personal to you. You must protect your password and not allow anyone else to access Pathwayz via your account.
    2. Embedded content and links in Pathwayz

      Users and third-party providers may embed or provided links to material for others to use, provide feedback, rate, purchase, etc. This could include, but is not limited to; embedding YouTube videos and submitting or posting links to other websites.

      You must ensure that any links or embedded material are appropriate for Pathwayz. For example, links or embedded materials must:

      • use plain English that is intended for human interpretation (not phrases intended to influence search behavior);
      • not be offensive.
      • relate to the intended purpose of Pathwayz
      • We reserve the right, at our sole discretion, to:
      • remove, edit or rename any links or embedded material;
      • transfer the "ownership" of any material (to avoid doubt, this is a change in the item's "owner" as described in Pathwayz and is not a transfer of intellectual property rights); or
      • amalgamate material together, where they reasonably represent a duplication in content
    3. Your Obligations

      In order to use Pathwayz, you must:

      • comply with all relevant policies, rules and requirements that are posted in the "Legal and Policies" section of our website;
      • ensure that all information you provided to us in relation to your account is current, correct and complete;
      • notify us immediately upon becoming aware of any actual or potential breach of security or unauthorised access or use of any part of Pathwayz;
      • take all reasonable steps to make sure that no viruses, corrupted files or other harmful or damaging things are ever introduced to, or distributed via, Pathwayz or any underlying networks or systems;
      • never access (or attempt to access) Pathwayz in a way that we have not expressly permitted or circumvent (or attempt to circumvent) any restrictions we place in Pathwayz;
      • never use a robot, spider or any manual and/or automatic means to collect, track or index Pathwayz Content in any manner;
      • never use Pathwayz in a way that damages or interferes with Pathwayz, data or infrastructure (or those of anyone else) or the use of Pathwayz by anyone else;
      • never use Pathwayz to distribute material for which you are not the sole copyright holder unless you have express permission from the copy-right holder(s) to do so;
      • not contravene any laws or regulations;
      • never reproduce, modify, create derivative works from or commercially exploit all or any part of Pathwayz without first obtaining our written approval; or
      • never disassemble, decompile, reverse engineer or otherwise try to discover any source code from any of the software, files or systems in or underlying Pathwayz, except to the extent expressly permitted by law (despite this limitation).
    4. Our Commitments

      We will provide Pathwayz using reasonable care and skill, but we don't guarantee that Pathwayz will be:

      • completely secure or private or that any data will never be lost or damaged;
      • free of errors, defects, malware or other harmful things;
      • free of any harmful or inappropriate content; or
      • uninterrupted, timely or always accessible, available or fully functioning.
      • In addition, Pathwayz's features may change over time. If we think any change of features will have a significant detrimental impact on Pathwayz users, we will give them advance notice of the change and the date it will come into effect (e.g. by notice in Pathwayz itself).
  2. Pathwayz Content

    Pathwayz content includes content that is posted to or made available in Pathwayz by us and Pathwayz users. Pathwayz content may be posted via message boards, chat areas or other means, and may include profiles, feedback, teaching ideas, blogs and comments in the form of text, images, videos and files. But Pathwayz Content does not include:

    • any search results that we display from third party search providers (as we have no control over that content); or
    • any content to the extent it is on URLs other than Pathwayz (for example, any website that is linked to from Pathwayz).

    Note: We want Pathwayz Content to be used and re-mixed to help in the classroom, but only if intellectual property rights have been respected.

    1. Rights to Use

      Whenever you want to do anything with Pathwayz Content (including our content) you must ensure you have all necessary rights to do those things (such as permission from the content owner or rights under the Copyright Act 1994 or other legislation) and comply with all terms on which Portal Content is made available to you.

      You can't do anything with Pathwayz Content (including sharing the content in Pathwayz or using the content outside Pathwayz) unless doing that has been specifically authorised. If no specific authorisation is given in relation to particular Pathwayz Content, that content is only available for you to view.

    2. Third Party Sites

      We do not endorse, approve or pre-screen any content that is made available in Pathwayz by others (including where we "frame" content in Pathwayz from elsewhere on the internet). We make no promises or guarantees in relation to that content, including as to its adequacy, accuracy, completeness, non-infringement or freedom from anything harmful or inappropriate.

    3. Takedown Policy

      We have a Takedown Policy to help address any infringing, defamatory or other inappropriate Pathwayz Content. Anyone may ask us to remove Pathwayz Content in accordance with that policy.

  3. Your Content (User Generated Content)

    By submitting or posting content to Pathwayz you personally guarantee that any copyright to the material has been forfeited and the work is in the public domain.

    Whenever you submit, post or make content available in Pathwayz, you personally license that content on the terms below.

    If you are working for a school or other organisation, its policies may apply to the material you post to or make available in Pathwayz and may limit the type of material that you are able to submit.

    Note: Your Content may include teaching materials and other resources posted in Pathwayz, or your comments and feedback in Pathwayz. You licence all of your Content to us as below. In all cases you need to ensure that Your Content is not unlawful or infringing.

    1. Licensing Your Content

      We need rights to Your Content so that we can operate Pathwayz effectively. Accordingly, you grant us (including other users on our behalf) a non-exclusive, irrevocable, sub-licensable licence to:

      • display Your Content in Pathwayz in accordance with Pathwayz's functionality;
      • use, host, store, modify, adapt, copy, publish, display, distribute and create derivative works of Your Content for the purposes of providing, supporting, improving and operating our services or as we see fit;
      • use all ideas, comments or suggestions from you on changing or improving our services or the services of providers in Pathwayz; and
      • otherwise use, modify and distribute Your Content as reasonably required for the purpose for which it was provided.

      In addition, our Privacy Policy governs the way we collect, use and disclose your personal information.

      You represent to us that use of Your Content in accordance with the above terms, does not contravene any laws or infringe anyone's rights.

    2. Removing Your Content from Pathwayz

      Removing Your Content from Pathwayz, means Your Content can no longer be seen by Pathwayz users. However Your Content will continue to be in our systems. You may remove certain items of Your Content from Pathwayz, by using the functionality available within Pathwayz.

      In addition, Your Content may be removed from Pathwayz by us:

      • under our Takedown Policy or Privacy Policy;
      • if Your Content does not comply with these terms; or
      • if we consider Your Content is unsuitable for Pathwayz.

      In some cases Pathwayz may indicate where Your Content has been removed from Pathwayz, in order to preserve an experience that is understandable by other users.

      Your Content may have been copied or re-shared by other Users. Where this occurs, you cannot remove the copied or re-shared content from Pathwayz. You may request that we "take down" the copied or re-shared content under our Takedown Policy, however we will assess each request on its merits and will not automatically remove such content solely because you requested it.

    3. Retaining Your Content in our Systems

      When Your Content is removed from Pathwayz, it will not necessarily be deleted from our systems, as it may still exist in Pathwayz repository files, backup files and/or log files.

      We may permanently delete your Pathwayz profile and/or all or any of Your Content from our systems that has been removed from view in Pathwayz, in accordance with our file retention practices. However we may continue to hold Your Content indefinitely if it remains of value to Users.

      We are not a content storage provider. Except as required by law, we have no obligation to return Your Content to you.

  4. Provider Services

    Pathwayz enables you to browse, locate, rate, list and access the products and services of third parties. Whenever you engage with a Provider or use a Provider Service it is at your own risk and may require you to enter into a separate agreement with the Provider.

    We are not responsible or liable in any way for any Provider or Provider Services (even if we have promoted a Provider Service). We are also not a party to any agreement or arrangement for Provider Services, and do not act on behalf of you, any school you work for, or the Provider. It is not our responsibility to make sure that any Provider Service you use, and any related terms and conditions, are fit for purpose and adequately protect your interests and those of any school you work for.

  5. External Content

    Pathwayz may let you use links to access content that is outside of Pathwayz. Links from Pathwayz to other websites or services (including text or image based links or website framing) do not constitute our endorsement of those websites or services, or their content, whether those links have been posted by us or users. We do not control such sites or services, and are not responsible or liable in any way for their content or availability or any problems with any links to those sites or services. The use of any website or services controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites or services, and not by our terms.

  6. Account Deactivation

    1. How is your Account Deactivated?

      You may deactivate your account at any time, by closing your account in Pathwayz.

      We may deactivate your account immediately if:

      • you breached these terms;
      • we believe your account has been compromised (e.g. password theft);
      • we believe it is necessary in the interests of other users (including if you are deregistered as a teacher);
      • we cease providing Pathwayz generally.

      We may lift any deactivation if you demonstrate to our reasonable satisfaction that the reason for us deactivating your account has been resolved and will not be repeated.

    2. What Happens when your Account is Deactivated?

      If your Pathwayz account is deactivated, you will not be able to access Pathwayz, but Your Content and profile may still be visible to other users.

      Deactivating your account terminates this agreement, but does not affect:

      • clauses that are intended to survive termination (including clauses 3 (Your Content), 4 (Provider Services), 6 (Account Deactivation), 7 (Disputes) and 8 (General)) which will continue to operate; or
      • any rights or remedies that have accrued beforehand
    3. What Happens if your Account is Reactivated?

      If your Pathwayz account is reactivated after being removed from view in Pathwayz, we will endeavor to restore the state of Your Content and profile as they were before your account was deactivated. But if your account has been permanently deleted from our systems, it cannot be reactivated.

  7. Disputes

    Please address any concern you may have with our services to [email protected]

    You agree not to involve, or attempt to involve, us in any dispute or in the resolution of disputes that arise between you and a third party provider.

  8. General

    1. Liability

      You agree that your access to Pathwayz is for the purposes of a business (in terms of the Consumers Guarantees Act 1993) and that the provisions of that Act do not apply to your use of Pathwayz.

      We have no liability for any failure to comply with these terms that is caused by any event or circumstance beyond our reasonable control. If we are affected by such an event, we will take reasonable steps to remedy or mitigate it and resume performance as soon as reasonably possible after it has ended.

      To the maximum extent permitted by law, we and our employees, agents, consultants, directors, shareholders, and any other person or entity that directly or indirectly controls us, have no direct or indirect liability of any kind to you or any third party for any claim under or in connection with these terms or your use of Pathwayz.

    2. Entire Agreement

      These terms constitute the entire agreement between you and us with respect to its subject matter and replaces all previous understandings and representations relating to that subject matter and any additional or different terms that you may provide to us.

    3. Amendments

      We may amend these terms, and any policy, rule or requirement that is posted in the "Legal and Policies" section of our website, as they apply generally (ie not to any individual user), by posting the amended terms on our website. We will use the "Last Updated" section at the top of the amended document to indicate when it came into effect. You should review our website periodically to see if these terms have changed. By using Pathwayz after amended terms have been posted on our website, you are deemed to have accepted the amended terms.

    4. Contract Privity

      These terms will not and are not intended to confer any benefit on or create any obligation enforceable at the suit of any person other than us and the individual agreeing to these terms. In particular, these terms are not enforceable by any user against another user.

    5. Waivers

      No failure, delay or indulgence by any party in exercising any power or right conferred on that party by the Agreement will operate as a waiver of that power or right. A single exercise of any of those powers or rights does not preclude further exercises of those powers or rights or the exercise of any other powers or rights under the Agreement.

    6. Severability

      If any provision of the Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect.

    7. Notices

      Any notice or other communication from us to you will be deemed to have been duly served if it is emailed to the email address provided by you in your Pathwayz account.

    8. Assignment

      We may transfer or assign all or any part of our rights or obligations under the Agreement, without your consent, to a third party that takes over our responsibility for the transferred or assigned part of the Agreement.

    9. Governing Laws

      The Agreement is governed by the laws of New Zealand. You hereby submit to the non-exclusive jurisdiction of the Courts of New Zealand.