Terms and conditions

Thanks for purchasing the Issue(s) for use within your School or an Educational Group. Remember, you can make the Issue(s) available to a maximum of 15 Persons within your School, to use as a teaching resource for your students. We are excited to have you onboard!

1.1“Commencement Date” means the date of the Customer’s purchase of the Issue.
1.2“Confidential Information” means information that is or has been disclosed by IOTW to the Customer but does not include any information that is:
1.2.1 on receipt, in the public domain, or that subsequently enters the public domain without any breach of these Terms;
1.2.2 on receipt, already known by the party receiving it’
1.2.3 at any time after the date of receipt, received in good faith from a third party; and
1.2.4 required by law to be disclosed.
1.3“Customer” shall mean any Person or entity that purchases one or more Issue.
1.4“Educational Group” means a group where information is provided to its members in a teaching or instructional format, with the group’s core purpose being for education.
1.5“Intellectual Property” means copyright, patents, designs, trademarks, trade names, goodwill rights, trade secrets, the Issue(s) and its resources (excluding links to and/or content of third parties referred to in the Issue(s)), Confidential Information, and any other intellectual proprietary right or form of intellectual property owned by IOTW.
1.6“IOTW” shall mean IOTW Limited trading as Issue of the Week (or such other name as it trades by), its successors and assigns or any person acting on behalf of and with the authority of IOTW Limited.
1.7“Issue” or “Issues” means the educational resources covering a particular socio-scientific topic created and provided to the Customer by IOTW.
1.8“Licence Term” means the period commencing from the Commencement Date until the Licence is terminated pursuant to clause 7.
1.9“Person” includes a company, partnership, family trust, individual, or any other entity.
1.10“Working Day” means a day that is not a Saturday, Sunday, or statutory holiday in New Zealand.
1.11Unless the context requires otherwise:
1.11.1 References to any statute, regulations or other statutory instrument or by-law shall be deemed to be references to a statute, regulations, instrument or by-law of New Zealand as from time to time amended and includes substitute provisions (whether in an amendment of existing legislation or in new legislation) that substantially correspond to those referred to;
1.11.2 Where the context requires or admits, words importing the singular shall import the plural and vice versa; and
1.11.3 References to any party includes the successors and any permitted assigns of that party and party means them collectively.
2.1The Customer’s access to and use of the Issues is subject to the following terms and any subsequent amendments made to them by IOTW (the “Terms”).
2.2By purchasing an Issue, the Customer is deemed to have read, and agreed to be bound by, these Terms.
2.3IOTW reserves the right to update, modify or amend these Terms at any time without notice. Any amendment will take effect from the date IOTW uploads the change to the website for IOTW and the Customer’s use of the Issues following such change will be deemed acceptance of any such amendment.
3.1IOTW’s fees are detailed on their website, www.issueoftheweek.com (“Website”). IOTW reserves the right to change the fees at any time (subject to clause 3.2 below).
3.2Where the Customer has purchased a defined number of Issues, to be received at regular intervals following payment for each Issue in advance (a “Subscription”), IOTW agrees that the fee payable by the Customer per Issue shall not be increased during the term of the Customer’s Subscription.
3.3All fees are charged in New Zealand Dollars and include GST (if any), unless otherwise stated.
4.1By purchasing one or more Issue, the Customer is granted a licence to use the Issue(s) as an educational resource in accordance with these Terms (the “Licence”).
4.2The Licence shall commence on the Commencement Date and shall continue for the Licence Term.
5.1IOTW will:
(a) Upon payment, provide the Customer with a link to access and download the purchased Issue(s) for use during the Licence Term; and
(b) Act in good faith under these Terms.
5.2The Customer will:
(a) Use the Issue(s) in accordance with these Terms and the law;
(b) Use its best endeavors to protect IOTW’s Intellectual Property from misuse or theft;
(c) Cease use of the relevant Issue(s) should IOTW notify the Customer that there has been an alleged copyright breach by a third party in relation to material or content belonging to a third party and included in an Issue, such that IOTW must cease use of the content;
(d) Act in good faith under these Terms; and
(e) Not to assign, transfer or sub-licence its Licence under these Terms
6.1IOTW is the sole owner of all rights (including all Intellectual Property Rights) in the Issue(s).
6.2IOTW is not the owner, nor does it purport to be the owner, of any materials and/or resources created by third parties which are referred to in the Issue(s) ) or on their Website. In such cases, those materials and/or resources are owned by the party who holds the copyright in them.
6.3The Customer must not, nor may it permit any other person, including its employees, to:
(a) Alter, modify, reproduce, or enhance the Issue(s) without the prior consent of IOTW;
(b) Alter, remove or tamper with any trademarks, any patent or copyright notices, or any confidentiality, or other means of identification used on or in relation to the Issue(s);
(c) Other than in accordance with clause 6.4 below, make the Issue(s) or any part of the Issue(s) available to any Person, unless IOTW has provided their written consent;
(d) Do any act that would or might invalidate or be inconsistent with IOTW’s Intellectual Property Rights.
6.4Where the Customer is purchasing the Issue(s) for use within a School or an Educational Group (the ‘School’), the Licence permits the Customer to make the Issue(s) available to a maximum of 15 Persons within that School, for the purposes of allowing other employees or members of that School to use the Issue(s) as a teaching resource.
7.1IOTW shall not be liable for any problem with the performance of their Website or the link to access and download the purchased Issue(s) that is beyond their reasonable control.
7.27.2 In the event that IOTW is found liable for any of the matters referred to in clause 7.1 above, then its liability shall not exceed the value of those Issue(s) purchased by the Customer that they are unable to access and/or download.
8.1IOTW may terminate the Licence by notice in writing if the Customer has failed to remedy any breach of these Terms that is capable of remedy within 7 working days of written notice of that breach having been given by IOTW to the Customer.
8.2IOTW may terminate the Licence by notice in writing with immediate effect if IOTW determines, in their sole discretion, that the Customer has breached these Terms and that such breach is incapable of remedy. This is without prejudice to any other rights and/or remedies IOTW has against the Customer in respect of the Customer’s breach.
8.3IOTW reserves the right to terminate the Licence to use a particular Issue or Issues with immediate effect if they receive notice from a third party that they are alleging a breach of copyright by IOTW in relation to the inclusion of material or content in that Issue or Issues.
8.4Immediately upon termination of the Licence, the Customer will cease using the Issue(s) and will, if requested, within 7 days of receipt of such request, return the relevant Issue(s) along with all of IOTW’s Intellectual Property to IOTW.
8.5Where the Customer has purchased a Subscription, IOTW may terminate the Subscription for the remainder of its term if the Customer fails to make payment of a fee payable within 7 days of its due date.
9.1In the event that a party alleges a dispute has arisen then, before commencing litigation in respect of the dispute, the party alleging the dispute must serve notice on the other party succinctly describing the matters in dispute and their desired outcome. The parties agree that they will meet within 10 working days of receipt of the notice and endeavor to resolve the dispute by mutual negotiation, with both parties acting in good faith.
9.2Should IOTW be required to commence proceedings against the Customer to enforce its rights under these Terms the Customer shall be liable for all costs and expenses, including costs on a solicitor-client basis, incurred by IOTW in doing so. The Customer hereby indemnifies IOTW for such costs and expenses IOTW may incur under this provision.
10.1The Customer authorises and consents to IOTW collecting, retaining and using the Customer’s information for the purposes of marketing, upholding these Terms and/or enforcing any rights against the Customer under these Terms.
10.2The Customer agrees the authority under clause 9.1 amounts to authority and consent for the purposes of the Privacy Act 1993.
10.3The Customer has the right to request a copy of the information IOTW holds about the Customer and the right to request that IOTW corrects any incorrect information about the Customer.
11.1No waiver by IOTW in respect of any breach of these Terms shall operate as a waiver in respect of any subsequent breach.
11.2If any clause(s) of these Terms shall be declared invalid, void, illegal or unenforceable then the validity, existence, legality and enforceability of the remaining clauses shall not be affected, prejudiced or impaired.
11.3A party is not liable for any failure or delay in performing an obligation under these Terms to the extent it is due to a cause reasonably beyond the control of that party and that party has notified the other in writing as soon as practicable and provided detail regarding the nature, extent, and likely duration of the cause. A party affected by a cause beyond its reasonable control shall use its best endeavors to perform its obligations on time despite the clause.
11.4These Terms constitute the entire agreement between the parties relating to the Licence and the Customer may not rely upon any other alleged representation, statement or assurance made or given by or on behalf of IOTW.
11.5Any notice required to be served under these Terms is sufficiently served if sent by registered post, by email, served personally, or in accordance with any other form of service under the laws of New Zealand.
11.6These Terms are to be governed by and construed in accordance with the laws of New Zealand and the parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.