Terms and Conditions of Use of Education New Zealand’s The Brand Lab Website

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Sections

• General
• Interpretation
• Copyright and Permission to Reproduce
• Third Party Materials
• Permitted Use
• Liability and Indemnity
• Disclaimer
• Trade Marks
• Confidentiality
• Privacy 
• Other

General

The Brand Lab website is provided by Education New Zealand (ENZ). The Brand Lab website provides access to, and use of, ENZ’s design and marketing Assets by registered users.

The following Terms and Conditions of Use of Education New Zealand’s The Brand Lab Website form a contract between you and ENZ for your use of The Brand Lab website and associated material, Assets, and content (Terms).

ENZ may revise these Terms by giving you notice. We’ll notify you of any changes by displaying the changes on this website, and by continuing to use The Brand Lab website after such notification, you will be deemed to have accepted the changes.

All use of The Brand Lab website is also governed by ENZ’s standard Terms of Use. If there is any inconsistency between these Terms and the Terms of Use, these Terms will prevail.

Interpretation:

Where a logon is obtained by an individual for use only by that individual, in these Terms, the words “you”, “your” and “user” refer to that individual.

An ‘Asset’ describes any item listed in The Brand Lab i.e. image, logo, photograph, video, PowerPoint template or campaign creative.

“Usage Rules” refer to the specific terms that accompany and apply to the use of each individual Asset, and may include usage instructions, requirements, limitations, or descriptions. 

Copyright and Permission to Reproduce:

ENZ is willing to license the use of The Brand Lab’s Assets to you only if you accept all of the following Terms.

Please read these Terms carefully because downloading and/or using The Brand Lab’s Assets will be deemed to be your acceptance that you are using The Brand Lab’s Assets on the following terms.

The Assets and all of the content on The Brand Lab website is protected, including, without limitation, by copyright and other laws of New Zealand, international conventions and similar laws abroad. Copyright and other intellectual property rights in the Assets, is owned or controlled by ENZ or its licensors.

ENZ grants, and you accept, a licence to use the Assets on a royalty free, non-exclusive and non-transferable basis subject to the following conditions:

1. You comply with ENZ’s Brand Guidelines, the Usage Rules and these Terms, including without limitation the permitted use requirements set out below.
2. You may only use the Assets for the purpose of promoting New Zealand as an education destination.
3. Material produced by, or on behalf of, you, which features any of the Assets, must be predominantly distributed outside New Zealand.
4. The Assets must not be used for paid advertising.

You agree and acknowledge that:

1. You neither have nor will obtain any right, title or interest in or to the Assets, except to the extent any rights to use the Assets are specifically granted or confirmed to you under these Terms; and
2. You will only use the Assets in a commercially responsible manner and style that will protect and enhance the prestige, image, reputation and goodwill of the Assets and ENZ.  

Third Party Materials:

Some Assets on The Brand Lab website are the intellectual property of third parties including the New Zealand government.

ENZ has obtained a licence or consent from these third parties for the use of that material on this website and by registered users. Your rights as a registered user in relation to ENZ are as defined by, and limited to, the terms accompanying each Asset.

Permitted Use:

The rights granted to you by ENZ vary according to the category of the Asset. In addition to the Usage Rules accompanying each Asset, ENZ requires you to comply with the following use requirements for each of the listed Asset categories:

 

ASSET CATEGORY	PERMITTED USE	USE THAT IS NOT PERMITTED
Library Images	All use by ENZ, ENZ’s partner government agencies and educational institutions worldwide is permitted.
Hero Images	All use by ENZ, ENZ’s partner government agencies and educational institutions worldwide is permitted other than use for television.	These Terms do not grant you any rights to use the “Hero Images” Assets in any television broadcast.
Video	Non-broadcast and promotional use is permitted including use on a website which is “click to view”, YouTube channel, DVD screening to internal audiences, public relations and editorial use. Audio and visual edits and caption change-outs are permitted, provided that they do not affect the original performance.	These Terms do not grant you any rights to use “Brand video” Assets in any television broadcast.
All other Assets (not specifically allocated to any of the categories listed above)	All use by ENZ, ENZ’s partner government agencies and educational institutions worldwide is permitted.

If there is any inconsistency between these Terms and the Usage Rules accompanying each Asset, the specific Usage Rules accompanying each Asset will prevail.

Liability and Indemnity:

You warrant that you shall not at any time take any step or make any omission that brings the reputation or good standing of the author of the Asset, ENZ or New Zealand into disrepute. In addition, you must acknowledge the author of an Asset in any use of that Asset.

You will defend and indemnify ENZ against all costs, expenses and damages incurred in connection with any claim against ENZ arising out of or related to: (a) a breach by you of these Terms; (b) the use of the Assets either alone or in combination with any other material; or (c) any claim by a third party related to the use of the Assets either alone or in combination with any other material.

Disclaimer:

The Assets are provided to you on an "as is" basis. ENZ does not give any warranty or other assurance as to the accuracy, completeness or fitness for any particular purpose of the Assets appearing in The Brand Lab. To the fullest extent permitted by law, ENZ disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages or loss of business, loss of profits or savings, direct and indirect or consequential damages or losses) arising in contract, tort (including, negligence) or otherwise from the use of, or inability to use the Assets or from any action or decision taken as a result of using the Assets. 

If, for any reason whatsoever and at its sole discretion, ENZ wishes to or is required to terminate this licence, it may do so immediately by giving written notice to you. On receipt of this notice or on the expiry of the licence, you must, as directed by ENZ, return all copies of the Assets to ENZ or destroy all copies of the Assets that are in your possession. You must also provide a written undertaking that no further copies of the Assets are or will be used or retained by you for any reason.

This website may contain links to third party websites that are not under the control of ENZ.  ENZ does not endorse, and are not responsible in any way for any information, content or material that is available on such third party website.

Trade Marks:

The name, logo and tagline THINK NEW and EDUCATION NEW ZEALAND are trade marks of ENZ. You are not permitted to use or reproduce, or allow anyone to use or reproduce, these trade marks for any reason without ENZ’s express written consent.

Confidentiality:

All information provided, or made available, as part of The Brand Lab website is the confidential information of ENZ. You must hold and maintain all confidential information in strict confidence, except where disclosure is permitted under the terms of a licence.

Privacy:

ENZ’s privacy policy for The Brand Lab service applies to your personal information. 

Availability of Website:

You agree that The Brand Lab website:

1. may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
2.  ENZ may, at any time and for any reason, make The Brand Lab website, or any part of The Brand Lab website unavailable to you.

Other:

ENZ may update or change any information on this website, at any time, without notice (but will give you notice when there is a change to the Terms).  In the unlikely event that an unauthorised person makes changes to this website, ENZ does not accept responsibility for those changes.  Errors are subject to correction.

These Terms will be governed and interpreted in accordance with the laws of New Zealand.

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These terms of use were last updated on 15 October 2018.