Terms of Use

1. Introduction

1.1  This page outlines the Terms of Use of access to and use of all MoneyTime resources, including online programs and printable materials.

 

2. Acknowledgment and Acceptance of Terms of Use

2.1 MoneyTime websites and resources are owned and operated by MoneyTime Holdings Ltd and/or its subsidiaries and/ or licensors (collectively we or us).

2.2 The Site refers to any and all access to MoneyTime websites, resources and web delivered services. Your access to and use of the Site (Access) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained or referred to in this document (Terms of Use). Your Access to the Site constitutes your agreement to be bound by the Terms of Use. If you do not agree with any of these Terms of Use, you must cease using the Site.

2.3 These Terms of Use apply to all users, regardless of whether a license to Access the Site has been purchased by or provided free of charge to a school or educational institution on behalf of students and teachers, or directly by a student or parent. In the case of students who are minors, permission must be sought by that student’s school or parent / guardian (as applicable) before that student is provided with Access to the Site.

2.4 We reserve the right, at our discretion, to revise, amend and update the Terms of Use at any time effective on the date of posting to the Site of the new and amended provisions.

 

3. Privacy

3.1 We take your privacy very seriously. We limit what we collect and how we use it.  Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Site. By using our Site, you agree that we can use such data in accordance with our Privacy Policy.

 

4. Ownership of Content

4.1 The Site contains text, software, scripts, graphics, information, data, pictures, artwork, photographs, logos, icons, sounds, music, videos, interactive features, user generated information, look and feel, editorial and other content accessible by you (the “Content”).

4.2  All Content is owned, licensed to and/or copyrighted by MoneyTime Holdings Ltd who owns all proprietary and intellectual property rights in the Site. The Site is also protected by copyright as a collective work and/or compilation, pursuant to relevant copyright laws and international conventions. The trademarks, service marks and logos contained in the Site are owned by MoneyTime Holdings Ltd. MoneyTime Holdings Ltd retains title, ownership and all other rights and interests in and to all information and Content on the Site.

4.3  You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Site, and or third party submissions or other proprietary rights not owned by you.

 

5. Registration and Security

5.1  As part of the registration process, you will select a Google login, or email address and a password (“User ID”). You understand that you may not:

  1. a) select or use the User ID of another person with the intent to impersonate that person; or

  2. b) use the rights of another person without authorization.

5.2  You are responsible for maintaining the confidentiality of your User ID. You will never be required to reveal your password to any representative or agent of MoneyTime.

5.3  You must immediately contact us regarding any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User ID or credit card information. If an unauthorized person uses your identity, registration information or User ID to access the Site, you must use your best efforts to ascertain the source and manner of access and let us know as soon as possible. You agree to cooperate and assist us with any investigation that we may carry out.

5.4  You are responsible for all usage or activity on the Site via your account. Distribution of your User ID to others for access to the Site or Service is expressly prohibited and shall constitute a breach of these Terms.

 

6. Individual Licenses and Subscriptions For Use at Home

6.1 MoneyTime resources can be purchased for use at home by way of an annual license or a monthly subscription. Licenses and subscriptions are for individual, non-commercial purposes. Each license/ subscription provides Access for a nominated student.

6.2 Annual licenses are provided after a one-off payment.

6.3 Monthly subscriptions are provided on an auto-renewing basis to ensure continued Access. Monthly subscriptions automatically renew unless notice of cancellation is provided prior to the expiry of the initial term or any renewal term. We will automatically charge your nominated account using the payment method on file for each renewal term. You can manage and make changes to your subscription though the footer on the Site.

6.4 Fees for your license/ subscription are detailed in the relevant local currency at the point of purchase of the Site. Acceptable payment methods will be displayed at the time payment is made. Promotional pricing, discounts and free trials may be provided by way of a promotional code. License prices are exclusive of taxes (unless otherwise indicated) and may be changed by us at any time on the Site.

6.5 By purchasing a License you confirm that you are the holder of the payment card or account from which payment will be taken, and/or are authorized to use that payment card or account for the transaction and any renewals.

6.6 Access to web-delivered services is provided immediately upon processing of payment.6.7 Users are responsible for their own costs associated with accessing the services, e.g. internet usage charges, data costs and computer / smartphone equipment costs. It is the responsibility of the user to ensure their device and internet access is sufficient to access the Site.

6.7 Credit card transactions. All credit card transactions are done over a secure internet connection. Digital certificates are used to maximize security when receiving credit card information. Purchasing information provided from online transactions is used for cart tracking, subscription billing, subscription management and accounting purposes only. After payment, no credit card details are retained or stored. Stringent physical and technological measures are taken to protect customer information.

 

7. Trial Period, Licensing, Billing and Prices

7.1 Trial Period & Licensing. We reserve the right to propose a trial License period (Trial Period) to eligible new Users of our Site from time to time, at our sole discretion and as described on our Site.

7.2 The duration of any free Trial or promotional offer may vary and will be displayed on our Site for new Users.

7.3 To receive a free Trial or promotional offer you will need to register as a User on the Site. We may collect credit/debit card details at this time. If you become a paying User during/after your Trial Period depending upon the promotional offer at the time, your credit/debit card will be charged. It is your responsibility to know when your Trial Period ends, and to cancel your free Trial or promotional offer if you do not wish to become a paying User of our Service.

7.4 The Content on the Site is generally offered in open access during the Trial Period. Notwithstanding this the Trial may not include certain information, functionality or services, as specified from time to time.

7.5 If you receive an offer for a free Trial or promotional offer to our Site, it will begin on the date on which we accept your registration (Trial License Date).

7.6 Each User can register for a Trial Period once only (counting one offer per device). If you have previously received a Trial, you will not be eligible to receive another Trial. The Trial Period cannot be extended, suspended or delayed and will expire upon completion and is not capable of renewal without prior approval by us. You agree not to attempt to register any false information or to manipulate the registration and login system to gain access to additional Trial Period or unauthorized access to the Site without payment.

7.7 You agree to us collecting, using and analyzing all data, progress, scores and activities completed during the Trial Period pursuant to these Terms.

7.8 You may abandon, cancel or opt-out of the Trial at any time prior to the expiry of the Trial Period stated incurring no extra cost when doing so. For free trial offers, continued access to our Site as a User will end unless a billing License is completed and activated before the end of the Trial Period.

7.9 At any time during the Trial Period, you may upgrade your License to a paid License by completing the billing License process. Your User ID will remain active for you to access the Site. It is our intention that any information or data in relation to completion of tasks in the Site or progress during the Trial Period is preserved and available for use after expiry of the Trial Period however we cannot guarantee this and your child may need to restart their activities if a billing License is activated after the Trial Period.

7.10 Billing. Your License to our Site will begin on the date on which we accept your paid registration (License Date). Charges should be processed within 24 hours after the License request has been submitted by you.

7.11 Your License is not confirmed until your payment has been received by us.At the same time you complete the License process you will be sent a confirmation email and your License will then commence. It is recommended that you keep this email and/or print it out.

 

8. Cancellations and refunds

8.1 We offer a no-questions-asked 60 day money back guarantee, commencing on the day of purchase, on annual licenses only.

8.2 Upon receiving the refund request, we will terminate the User’s access to the Site immediately on the day that the request is received. Refund requests must be made to info@moneytimekids.com for processing. All refunds will be credited to the credit/debt card to which your License was charged. Please allow a reasonable time for the refund to be charged back to your card.

 

9. School Terms

9.1 The terms in this clause apply to schools and educational institutions (School Customers). Access by School Customers is governed by these School Terms in addition to our Terms of Use.

9.2 If you are a teacher, employee or other authorized representative (School Personnel) of a School Customer who has Access to the Site on behalf of that School Customer you represent and warrant that you are acting on behalf of (or have permission from) the School Customer to use the Site.

9.3 Access to the Site by School Personnel and students of School Customers may be free of charge if on a Sponsored Plan or as part of a Free Trial, otherwise on the payment of agreed fees (Paying Plan).

9.4 Where, as School Personnel or a student of a School Customer you Access the Site free of charge on a Sponsored Plan or Free Trial:

  1. No Fees are payable by you for your right to Access and use the Site during the term of the Sponsored Plan or Free Trial.

  2. Your right to Access and use the Site will end at the end of the Sponsored Plan or Free Trial, unless you then subscribe to a playing plan.

  3. Nothing in these Terms requires:

    1. you, on termination or expiry of a Sponsored Plan or Free Trial, to subscribe to the Site or any other service provided by us; or

    2. us, on termination or expiry of a Free Trial or Sponsored Plan, to provide you with access and use of the Service or any other service, unless you have subscribed to the Service under a paying plan.

9.5 Where School Personnel and students of a School Customer Access the Site on a Paying Plan, we shall provide Access to the Site for the paid period. Nothing shall require us to continue providing Access to the Site should payment fall in arrears by more than 60 days or cease, in which case we may terminate the School Personnels’ and students’ Access to the site and clause 22 of these Terms of Use shall apply.  

 

 10. FERPA

10.1 For US schools. Information provided to us by School Personnel or collected by us on behalf of School Customers that is directly related to a student, may be considered an "Education Record" under the Family Educational Rights and Privacy Act ("FERPA"). Information such as student name and grade level may be considered directory information under FERPA ("Directory Information") and thus not an Education Record. A school may not generally disclose personally identifiable information from an eligible student's education records to a third party without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA ("FERPA Exemption(s)"), including the exemption for Directory Information ("Directory Information Exemption") or disclosure to school officials with a legitimate educational interest ("School Official Exemption").

10.2 As a teacher or School Customer providing Directory Information or any Education Record to us, you warrant, as applicable, that your Institution has: complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and allowing parents and eligible students a reasonable amount of time to request that schools not disclose directory information about them; and/or complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines "school official" to include service providers and defines "legitimate educational interest" to include services such as the type provided by us; or obtained all necessary parental or eligible student written consent to share the Directory Information and Educational Records with Company, in each case, solely to enable Company's operation of the Service.

10.3 We will never share Education Records with third parties except: as directed by a user (i.e. teacher sharing with another teacher or parent); or to our service providers that are necessary for us to provide our resources, as stated in our Privacy Policy.

10.4 Education Records are never used or disclosed for third party advertising or any kind of first- or third-party behaviorally-targeted advertising to students or parents. Additionally, information collected directly from a student using the Site is never used or disclosed for third party advertising, or any kind of first- or third-party behaviorally-targeted advertising to the student, and personal information collected from a student is never sold or rented to anyone. This section shall not be construed (i) to prohibit us from marketing or advertising directly to parents so long as the marketing or advertising did not result from the use of Educational Records to provide behaviorally targeted advertising or (ii) to limit our ability to use student information or Educational Records for adaptive learning or customized student learning purposes.

10.5 We may use Education Records that have been de-identified for product development, research or other purposes ("De-Identified Data"). De-Identified Data will have all direct and indirect personal identifiers removed. We agree not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.

 

11. Use of Site

11.1 The Site is owned entirely by us and is for your personal use only. You may not use the Site for commercial use. You agree not to copy, reproduce, modify, translate, reverse-engineer, create derivative works, disassemble, adapt, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or exploit in any other way the Site, or any portion thereof;

  1. a) without our express prior written consent, and

  2. b) in any way that violates any third party right.

11.2  You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

 

12. Communications Between Us and You

12.1  We will contact you (via the Site or electronic mail) for the purpose of informing you of changes or additions to the Site, or of any related products and services. You agree that this satisfies all legal requirements in relation to written communications.

12.2  You may opt out of commercial advertising and marketing emails at any time by clicking the unsubscribe link at the end of each such email.

 

 13. Anti-Spam Statement

13.1  Antispam legislation in most countries prohibits sending unsolicited commercial emails, SMS and MMS messages for commercial purposes. By gaining Access to our resources through the site you agree to receive relevant communications from us. These communications are deemed to be solicited mail.

13.2  We are committed to observing and complying with our obligations at all times under any relevant Spam legislation and regulations in any subject country. For the purpose of this Spam Statement, the term ‘subject country’ means the country from which you access our Site.

13.4 You may unsubscribe from our mailing list at any time. If for any reason there appears to be no facility to unsubscribe from the mailing list, please contact us advising us of your wish to unsubscribe.

13.5 If you receive an offensive or unauthorized commercial message, which appears to originate from a MoneyTime email address, please assume that it has been sent in error and  contact us immediately.

 

14. Disclaimer and Limitation of Liability

14.1  Access to the Site is at your own risk.

14.2  We do not extend or express any warranties or representations as to the quality and/or accuracy of the Content or Site, and we expressly disclaim and exclude any implied warranties, conditions and/or representations to the maximum extent permissible under applicable law.

14.3  Without limiting the generality of the foregoing, we offer the Site on an "as is basis" and:

  1. a) we do not accept responsibility for any use of, reliance on, or disruptions to the Site or Content.

  2. b) we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Site or Content.

  3. c) we make no representation or warranty that the Site is appropriate or available for use in all countries or that the Content satisfies the laws or generally accepted business practice of all countries. You are responsible for ensuring that your access to and use of the Site is not illegal or prohibited, and for your own compliance with applicable local laws.

  4. d) we do not guarantee the adequacy of the Site or compatibility thereof to your computer equipment or environment.

  5. e) we not warrant that this Site, its servers, or any emails which may be sent from us are free of viruses or any other harmful components. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.

14.4  Limitation of Liability. We limit our liability to the maximum extent permissible under applicable law. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any of the following types of loss or damage (“Loss”), whether in contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise):

  1. a) loss of revenue;

  2. b) loss of actual or anticipated profits;

  3. c) loss of the use of money;

  4. d) loss of anticipated savings;

  5. e) loss or corruption of, or damage to, data, systems or programs; or

  6. f) any indirect or consequential loss or damage howsoever caused, provided that nothing in these Terms will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law.

14.5  If you are using the Site as a consumer, your mandatory, statutory consumer rights shall be unaffected.

14.6  Liability Cap. Except in respect of liability which cannot be limited or excluded (as set out above), our total liability to you whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise is limited to the greater of:

  1. a) $100 for each claim or series of connected claims, up to an aggregate of $200 for any number of incidents (whether or not connected) in any 12 month period, or

  2. b) the aggregate fees received from you in connection with the Service in the 12 month period preceding the incident on which your claim is based.

14.7  No Liability or Endorsement for Third Party Services. We may, from time to time, provide opportunities to users of the Site to link to other websites and third party tools. We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked site by us. We have no control over the quality, suitability, availability, or legality of these external web sites and resources, and as such make no representation or warranty of any kind. You link to any linked site or subsequent site entirely at your own risk. We do not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from us. You hereby waive any claim you may have against us with respect to such sites.

 

15. Indemnity

15.1 You agree to indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of the Terms and Conditions, or reliance by you on any information obtained through the Site or your Access to the Site.

 

16. Modifications to Site

16.1 The Site and our Content is continuously evolving. We reserve the right to delete, modify, change, evolve and improve existing Content, including curriculum, product features and tools, at any time without notice or consent.

 

 17. Linking to our Site

17.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any site that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.

 

18. Entire Agreement

18.1 These Terms, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by us. Except in respect of liability that cannot be limited or excluded under applicable law, you acknowledge that you have not relied on any representation, warranty, condition or undertaking apart from those (if any) expressly set out herein.

 

 19. Assignment

19.1  We reserve the right to assign or transfer our rights and obligations under these Terms of Use to any person who agrees to assume and comply with all the obligations set out in these Terms of Use in circumstances that will not affect your rights or our obligations under these Terms of Use. These Terms of Use are personal to you and, as a result, you may not without our written consent assign or transfer any of your rights and obligations under these Terms.

 

 20. Complaints and Dispute Resolution

20.1  If you have a complaint about these Terms of Use, please contact us.

20.2 We will handle all complaints according to our internal dispute resolution procedure which requires that we seek to resolve your complaint within 7 days, although it is not always possible to do so.

 

21. Severability

21.1 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

 

 22. Termination

22.1  Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms of Use or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Site (or any part of it). You will not be entitled to a refund of any monies paid.

22.2  On suspension or termination, you must immediately cease using the Site and must not attempt to gain further access.

 

23. Jurisdiction

23.1 These Terms of Use and any disputes arising out of or relating to these Terms of use or the Site (including contract, tort, statutory and other claims) shall, to the extent permitted by law, be governed by and construed in accordance with the laws of New Zealand, and you and we each submit to the non-exclusive jurisdiction of its courts and courts of appeal from them.

Contact Us

If you have any questions about these Terms of Use, wish to cancel your Subscription/ License or unsubscribe to our mailing list, please email info@moneytimekids.com.

 

Official correspondence must be sent via postal mail to:

Customer Service Manager

MoneyTime Holdings Ltd

29 Chapter St, St Albans

Christchurch 8052

New Zealand