END USER TERMS AND CONDITIONS FOR THE USE OF THE DVFREE ONLINE LEARNING MODULE AND GUIDELINES FOR A DV FREE WORKPLACE
These terms and conditions govern the use of the DVFREE online learning module (“Module”) and the Guidelines for a DV FREE Workplace (“Guidelines”) by a business or individual (“End User”) as part of the DVFREE programme offered by Shine (a service division of Presbyterian Support (Northern)) (“Shine”). By accessing the Module or the Guidelines (“Resources”) the End User agrees to these terms and conditions.
1/ Use of the Resources
1.1 Shine grants to the End User a non-exclusive, non-transferable, revocable, royalty-free licence to use the Module in accordance with these terms and conditions in New Zealand solely for the following purposes:
1.1.1 For the Module: the purposes of assisting employers and employees to gain an understanding of the issue of domestic violence, and how to help a colleague (or anyone) if they know or suspect that person is experiencing or using domestic violence.
1.1.2 For the Guidelines: the purposes of assisting employers to develop policy and procedures to create a safe and effective workplace response to domestic violence, in order to provide support and safety for employees who experience domestic violence, manage employees who perpetrate domestic violence safely and appropriately while supporting behaviour change, and raise awareness for all staff.
2/ Use of Trade Marks and IP (Note that Shine and Westpac jointly created the Module)
2.1 The name and other trade marks of Shine and/or Westpac (“Marks”), and any other intellectual property of Shine and/or Westpac, are and will remain the exclusive property of Shine and/or Westpac respectively. The End User acknowledges that Shine owns the intellectual property in the content of the Module and the Guidelines, and Westpac New Zealand Limited (“Westpac”) owns the intellectual property in the functionality of the Module.
2.2 Shine grants to the End User a non-exclusive, non-transferable, revocable, royalty-free licence to use the Marks in accordance with these terms and conditions in New Zealand solely for the purposes detailed in 1.1.1 and 1.1.2.
2.3 The End User will not obscure, deface or remove the Marks from the Resources, and will only use the Marks strictly in accordance with these terms and conditions.
2.4 Without prior written consent, the End User shall not grant any third party the right to use the Marks. (Note that third parties may access the Resources directly through Shine’s website.)
2.5 The End User undertakes not to:
a) use the Marks or anything confusingly similar in its trading or corporate name or otherwise, except as authorised under these terms and conditions;
b) apply for registration of any of the Marks or anything confusingly similar to the Marks as a trade mark for any goods or services;
c) knowingly do, or cause or permit to be done, anything that could prejudice or harm the Marks or Shine’s or Westpac’s title to the Marks;
d) use the Marks in a manner that could have an adverse effect on the goodwill in or the value or reputation of the Marks; or
e) use nor permit the use of the Marks in a manner that is or could be misleading or deceptive.
2.6 Notwithstanding any other provision in these terms and conditions, Shine may at its absolute discretion require the immediate cessation of publication or dissemination of any material that references Shine or Westpac or the Marks that, in the opinion of Shine or Westpac, is inappropriate, incorrect or illegal or that may adversely affect Shine or Westpac or any member of the Westpac group of companies (“Westpac Group”), or the business reputation of Shine or any member of the Westpac Group.
3.1 Without prejudice to any other rights under these terms and conditions or at law, Shine may terminate the End User’s rights under these terms and conditions immediately by notice in writing if:
a) the End User commits a breach of these terms and conditions that cannot be remedied, or (if such breach is remediable) the End User has failed to remedy such breach within 14 days of receipt of notice requiring it to do so; or
b) in the opinion of Shine or Westpac, the End User engages in conduct that:
i. is prejudicial to Shine or Westpac or their respective products or services;
ii. is inappropriate or illegal; or
iii. may adversely affect Shine’s or Westpac’s reputation or image in any way.
4.1 The End User may not assign, sub-license, sub-contract, novate or otherwise part with any of its rights or obligations under these terms and conditions without Shine’s prior written consent.
4.2 These terms and conditions do not constitute a partnership or joint venture between the parties. Neither party shall have by virtue of these terms and conditions the authority to oblige or bind the other party in any manner whatsoever.
— Catherine Dixon - Suncorp New Zealand Executive General Manager People and Culture