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PRIVACY POLICY,
TERMS AND CONDITIONS,
TERMS OF SERVICE,
TERMS OF USE

So, this page is full of all of the legal stuff, it is standard on any website to have terms, conditions and privacy policy. Basically here is the ‘TLDR’ version, followed by the proper legal wording.
 

So here’s the legal stuff in a digestible nutshell:

         PRIVACY: 
 

By using our site, you agree to all of the terms and conditions and the privacy policy. 

At the end of the day - just get in touch with us, we really care and really want to make this the best it can be so do get in touch if you have any questions or concerns - we are just 3 teachers trying to make the world a better place :)  hello@digitalkete.co.nz

Now for the proper legal stuff:

WHO ARE WE - KA WAI TĀTOU?

 

  • ​We don’t ask you for personal information unless we truly need it.

  • We don’t share your personal information with anyone except to comply with the law and ensure the smooth running of the website and our products and services. 

  • We take security seriously, and all measures are taken to protect your information. 

  • This website uses cookies, which you can choose to enable or disable. 

  • We use some 3rd party apps such as Google Analytics, and Meta Business Suite to analyse how visitors to the site are interacting and diagnose issues with the usability of our site. 

  • It’s your responsibility to protect your login and password details and to not share them. 

  • By signing up you agree to receive updates, freebies and info from us via email

  • If you have any wonderings, concerns or want to update your data/information please contact us at hello@digitalkete.co.nz and we will sort it out :)​

    TERMS OF SERVICE, USE + CONDITIONS: 

     

  • Both the privacy policy and terms and conditions are subject to change.
  • It is your responsibility to check it and read it regularly. If you don’t agree, don’t use the site.
  • The big one for us is copyright - we work really hard to create these resources - they take time and brain power and people power - we genuinely ask you not to share your login or share resources with others who don’t have an account. We have so many freebies and all we ask is that you encourage others to support our small NZ business by joining the subscription. 
  • There may be errors, some links that don’t work - we are human, and just a team of 3 people, so just flick us an email and we will fix it within 24 hours. 
  • We are not in control nor liable for what happens when you click on the links - at the time of making the resource they were working and relevant to the resource - we do check them but if they are not working let us know. 
  • Ultimately, you are responsible for checking that the links are age appropriate for your students in your context.
  • We are not liable for damages as a result of using our resources or website. 
  • Free accounts - you get the free stuff, access to the monthly freebies and get added to our mailing list.
  • Paid subscriptions - the subscription will auto renew for the month or year ahead on an ongoing basis. You can cancel at anytime at least 1 day prior to the renew/payment date. We don't do refunds, returns, or free trials.
  • Digital Kete is the name of the website and the trading under Digital Circus Limited, registered in New Zealand company number 5885708 and NZBN: 9429042178033 at 15a Tainui Drive, Havelock North, Havelock North, 4130 , New Zealand. 

  • We are a small team of 4, NZ teachers recently out of the classroom, also facilitating PLD around NZ under the Ministry of Education funded PLD. You can find out more about us on the about page or check out www.digitalcircus.org.nz for more information.


 

          VOCAB CORNER:

 

  • “We” “Us” “Digital Kete” “Our” “Us” means Digital Kete, the owner of this website. 

  • "You", "Yourself" and "Your" refers to the user or viewer of this Website.

  • “Service” "Product” “Subscription” “Membership” “Account” “Registration” “license”: Digital Kete is a provider of high quality NZ teaching resources - we call this the 'Service'. Our resources are primarily distributed through the Website. Digital Kete provides a free membership service and two paid membership services (individual and school) upon payment of a fee as specified on the Website or chargeable in some other way may be purchased. We call this the ‘Membership or Subscription’.
     

 

PRIVACY POLICY

It is Digital Kete’s policy to respect your privacy regarding any information we may collect while operating our website.

WEBSITE VISITORS

  • Like most website operators, Digital Kete collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Digital Kete’s purpose in collecting non-personally identifying information is to better understand how website visitors use its website. 
     

​GATHERING OF PERSONALLY - IDENTIFYING INFORMATION

  • ​Certain visitors to Digital Kete website choose to interact with us in ways that require us to gather personally-identifying information. The amount and type of information that Digital Kete gathers depends on the nature of the interaction. For example: 

  • Visitors who choose to create a free account need to provide an email, first, last name

  • Visitors who choose to subscribe to our email list to get free resources via email, we collect their emails, first and last name.

  • Visitors who choose to subscribe provide an email, first, last name, and payment information. 

  • Other information we may collect such as location, year level, school, job position is so we can provide more targeted and relevant resources to you. 

  • Visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
     

PROTECTION OF CERTAIN PERSONALLY - IDENTIFYING INFORMATION
 

  • Digital Kete will not rent or sell potentially personally-identifying and personally-identifying information to anyone unless required by law. If you are a registered user of Digital Kete and have supplied your email address, Digital Kete may occasionally send you an email to tell you about new features, resources, solicit your feedback, or just keep you up to date with what’s going on with Digital Kete and our products and services. Digital Kete takes all measures reasonably necessary to protect against the unauthorised access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
     

DISCLOSURE OF DATA 


Legal Requirements:

  • Digital Kete may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation

  • To protect and defend the rights or property of Digital Kete

  • To prevent or investigate possible wrongdoing in connection with the Service

  • To protect the personal safety of users of the Service or the public

To protect against legal liability

​CHILDREN’S DATA 

 

  • Our Service does not address anyone under the age of 18 ("Children").

  • We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
     

COOKIES
 

  • A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Digital Kete uses cookies to help identify and track visitors, their usage of our website, and their website access preferences. Digital Kete visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using the Digital Kete website, with the drawback that certain features of the website may not function properly without the aid of cookies.
     

PRIVACY POLICY CHANGES
 

  • Although most changes are likely to be minor, Digital Kete may change its Privacy Policy from time to time, and at our sole discretion. Digital Kete encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

 

USE OF DATA

 

  • To provide and maintain the service

  • To notify you about changes to our service

  • To allow you to participate in interactive features of our service when you choose to do so

  • To provide customer care and support

  • To provide analysis or valuable information so that we can improve the service

  • To monitor the usage of the service

  • To detect, prevent and address technical issues
     

 

THE WEBSITE CURRENTLY USES THE FOLLOWING THIRD - PARTY SERVICE PROVIDERS

  • Google Analytics  – this service tracks Website usage and provides information such as referring websites and user actions on the Website. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics.

  • Google Search Console – this service tracks Website usage and provides information such as Google searches and user actions on the Website. Google may capture your IP address, but no other personal information is captured by Google.

  • PayPal – This service is used for a Payment Gateway. Please refer to Paypal for their Privacy Policy for further information.

  • Stripe – This service is used for a Payment Gateway. Please refer to Stripe for their Privacy Policy for further information.

  • At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time at Digital Kete’s sole discretion.
     

YOUR DATA RIGHTS
 

Individuals have a right to make a 'subject access request' to gain access to personal information that is held about them. If you make a subject access request, and if we do hold information about you we will:
 

  • Give you a description of it

  • Tell you why we are holding and processing it, and how long we will keep it for

  • Explain where we got it from, if not from you

  • Tell you who it has been, or will be, shared with

  • Let you know whether any automated decision making is being applied to the data, and any consequences of this

  • Give you a copy of the information in an intelligible form

  • If you would like to make a request please contact us hello@digitalkete.co.nz

  • Under data protection law, individuals have certain rights regarding how their personal data is used and kept safe, including the right to:

  • Object to the use of personal data if it would cause, or is causing, damage or distress

  • Prevent it being used to send direct marketing

  • Object to decisions being taken by automated means (by a computer or machine, rather than by a person)

  • In certain circumstances, have inaccurate personal data corrected, deleted or destroyed, or restrict processing

  • Claim compensation for damages caused by a breach of the data protection regulations

  • To exercise any of these rights, please contact us hello@digitalkete.co.nz
     

SOCIAL MEDIA
 

  • We may use social media and social networking services for promoting our business, communicating with you and supporting the teaching community. In order to do this, we require the use of third party service providers, such as Facebook, Twitter, LinkedIn, Instagram, and YouTube.

  • Our social media pages, groups, feeds and channels are administered by these third parties:

  • Our Facebook page is administered by Facebook, in accordance with Facebook's Data Policy available here, and is accessible by Facebook users who have already consented to Facebook's Data Policy.

  • Our Twitter account is administered by Twitter, in accordance with Twitter's Privacy Policy available here. 

  • Our Instagram account is administered by Instagram in accordance with Instagram’s Privacy Policy available here.  

  • Our YouTube channel is administered by YouTube, in accordance with their privacy policy available here.  

  • Our LinkedIn page is administered by LinkedIn, in accordance with their privacy policy available here.  

  • We may message you directly through social media when you contact us through these platforms. 
     

CONTACT US
 

TERMS OF USE, TERMS OF SERVICE, TERMS AND CONDITIONS

​These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.​

 

By accessing, using or downloading material from the Digital Kete website you agree to follow and be bound by these terms and conditions, which constitute a legal contract. If you do not agree with them, do not use this website. These terms and conditions may change without notice, so do check them from time to time.

All rights reserved by the authors. 

This product is to be used by the original downloader only.

Copying for more than one teacher, classroom, department, school, or school system is prohibited.

This product may not be distributed or displayed digitally for public view.

Failure to comply is a copyright infringement and a violation of the Copyright Act 1968.

Images, pictures and other elements found in the resources are copyright protected and cannot be extracted and used outside of this file without permission or license

Intended for classroom and personal use ONLY.

Additional licenses can be purchased at a discounted price by emailing hello@digitalkete.co.nz or on our membership page.


MEMBERSHIPS AND SUBSCRIPTION LICENSES

Memberships for Individuals and schools

The Digital Kete Subscription and Membership Service is subject to these Terms and Conditions and in an addition the following conditions shall apply to this service:

  • Digital Kete makes available the Membership Service by way of a subscription to You upon payment of a fee as specified from time to time on the Website.

  •  In accordance with the general Terms and Conditions, Your user and account username and password will not be shared with anyone.

  • You will not redistribute any resources downloaded through the Membership Service and You understand that any resources You download from the Website whether through the Membership Service or otherwise are for Your personal use only.

  • You have explicitly read and agree to abide by the privacy policy and terms of use.

  • You agree that a breach of any of the general Terms and Conditions will lead to Your access to the Membership Service being immediately suspended. It is at Digital Kete's absolute discretion as to whether Your account will be reinstated.

  • You understand and agree that We will monitor Your usage of the Service to allow us to determine whether a violation has, or is, occurring.

  • A subscription to the Membership Service can only be purchased directly from Digital Kete by (1) paying a yearly or monthly subscription fee giving You access to the Membership Service for a specific time period.

  • When You register for the Membership Service, You consent to get access to Membership Service immediately of paying by credit card or upgraded when your manual payment reaches our account.

  • You can cancel Your order, however You will not receive a full or partial refund for Your order. By placing an order to subscribe to the Membership Service, You acknowledge and provide Your consent to this. 

  • You Membership Service will renew automatically for another month or 12 months until You or We cancel it or it will not automatically renew and Your access to the Membership Service will cease until You take the actions prescribed by Us to renew Your Membership Service.  If Your Membership Service renews automatically, at the end of Your first Minimum Term We may charge You, at our sole and absolute discretion, the rate You paid when You first subscribed to the Membership Service or the then current annual rate for the Membership Service level you have access to. If You renew Your Membership Service before the end of the Minimum Term, Your renewed Membership Service will be extended to include, if any, the months which were remaining on your previous Membership Service Subscription.

  • Digital Kete may change the price for the Subscriptions and Pre-Paid Subscriptions and we will communicate this change to you either at renewal, or at the point the new price is in use.

  • For your safety, credit/debit card details are not stored nor shared with third parties. Payment transactions are processed via PayPal, Stripe or other secure third party payment providers and You are encouraged to read the terms and conditions for any financial transactions with either of these companies. In short, we value your safety as highly as we would our own.

  • You acknowledge that all content remains the property of Digital Kete at all times. You also understand that your purchase of a Membership constitutes a licence for the use of Digital Kete material for the duration of the subscription only.

  • Any resources downloaded may not be shared or otherwise hosted on any networked system. Resources are for the single and sole use of the person downloading them and any replication or sharing of resources will result in Digital Kete taking action to protect its rights. 

  • The Membership Service is subject to an acceptable use policy, and user accounts are monitored. Digital Kete will monitor your number of downloads, frequency of downloads, contents of downloads, your frequency of access, your location of access (IP address and device). Digital Kete considers that no individual user would reasonably need to download large quantities of resources, crossing an extensive range of age groups, topics and specialisms, from a wide variety of locations and devices. 

 

RETURNS POLICY

We are an online business, and are “in trade”. This means, as a consumer, you are protected under the Fair Trading Act and the Consumer Guarantees Act. Please make sure you read the terms and conditions, terms of use and privacy policy before purchasing or registering. We don’t do returns or refunds. So make sure you read all the information before purchase. 

 

ERRORS AND INACCURACIES

Digital Kete takes pride in the quality of all their resources, published, digital or online. From time-to-time mistakes, errors, inaccuracies, or omissions may occur. This includes, but is not limited to, text, pricing, availability, descriptions. Digital Kete reserves the right to correct any mistakes, errors, inaccuracies, or omissions and to change, update or amend information at any time without prior notice. Such corrections will normally be updated through all live accounts and resources on the site, but cannot be retrospectively applied to previously downloaded resources. 

LIABILITIES 

Digital Kete will not be liable for any false, inaccurate, inappropriate or incomplete information presented on the website.

Although every effort is made to keep the website up and running smoothly, due to the nature of the Internet and the technology involved, Digital Kete takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues (or otherwise) beyond its control or for any loss or damage suffered as a result of the use of or access to, or inability to use or access this website whatsoever.

Certain links in this website will lead to websites which are not under the control of Digital Kete. When you activate these you will leave the Digital Kete website and or resources. Digital kete has no control over and accepts no liability in respect of materials, products or services available on any website which is not under the control of Digital Kete. 

To the extent not prohibited by law, in no circumstances shall Digital Kete be liable to you or any other third parties for any loss or damage (including, without limitation, damage for loss of business or loss of profits) arising directly or indirectly from your use of or inability to use, this site or any of the material contained in it.

The material and information contained on this website is for general information purposes only. You should not rely upon the material or information on the website as a basis for making any business, legal or any other decisions. Whilst we endeavour to keep the information up to date and correct, Digital Kete makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such material is therefore strictly at your own risk.

Digital Kete will not be liable for any false, inaccurate, inappropriate or incomplete information presented on the website.

 

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

TERMS OF USE FOR DIGITAL RESOURCES

These resources are digital downloads. No items will be shipped.

A download of a resource entitles the purchaser/downloader the right to reproduce the pages in limited quantities for ONE classroom use ONLY. Purchasing does not give you privileges to share the resource with other educators, multiple classrooms, an entire year level, an entire school, or a Community of Learning (CoL) without purchasing additional licenses for each classroom it will be used in. Please purchase the number of licenses for the number of teachers who will be using the resource.

Copying any part of a digital product or placing it on the internet in any form is strictly forbidden and is a violation of the Digital Millennium Copyright Act (DCMA). Please do not upload this resource to your class or district website. Your purchase does not entitle you to create a derivative of my product for you to sell or share.

You may also not sell digital or hard copies of any of the resources.

PRIVACY
 

You acknowledge and agree to be bound by the terms of our Privacy Policy

THE END
 

Whew, think that’s all! If you got here - nice work! 

If you need anything, have any wonderings, questions, concerns, complaints, ideas, suggestions - flick us an email:
hello@digitalkete.co.nz it’s me, Toni, on the end of the email and I am happy to help or sort it out with you. 

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