Terms & Conditions

OVERVIEW

This website is operated by Smart Monkey Ltd.. Throughout the site, the terms “we”, “us” and “our” refer to Smart Monkey Ltd.. Smart Monkey Ltd. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Smart Monkey Limited's website monkey101, will not collect or store customer Credit Card information.


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 8 - 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.


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Smart Monkey Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Smart Monkey Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 18 - GOVERNING LAW

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.


SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@monkey101.co.nz


Monkey101 Tutor Terms of Use

Use of Smart Monkey Limited's online services (hereafter referred to by its trading name Monkey101) Access to and use of our online services is provided on the following terms. By using our online services you agree to be bound by these terms, which shall take effect immediately upon registration with or payment of, one of the classes accessed via the Monkey101 website.  For the purposes of this document; "Monkey101": refers to the trading name of Smart Monkey Limited. "Tutor/Teacher": refers to any individual who has signed up to use the services of Monkey101 to advertise and sell their course/service. "Student": refers to any end user of Monkey101 that has received a service provided by Monkey101 directly or via the tutors signed up to Monkey101. The following terms and conditions bind the following parties:

  1. Monkey101 and Tutors/Teachers
  2. Monkey101 and Students
  3. Tutors/Teachers and Students

Collecting your information

By using our services, you agree to provide any relevant information in the format and to the standards described for each transaction.

Providing information to you

By using our services, you agree to receive information through electronic means. Where information is requested by another person, the requesting party is deemed to be the recipient's agent and is presumed to have obtained the consent of the recipient to receive the information in electronic format.

Fees and payment

The billing process will be under the control of Monkey101. The student will pay for each session in full at the time of booking, through DPS Payment Express. Payments must not be made directly to the tutor at any time. Course prices are subject to change without notice and will be confirmed at the time of booking, prior to payment being processed. Quoted prices include GST. Bookings will only be confirmed upon receipt of full payment of Course fees. A booking confirmation and tax invoice will be emailed after full payment has been received.

Cancellation policy

Client may always cancel a booking in total provided notice is given at least 24 hours in advance of the designated start time. Cancellations made more than 24 hours in advance of course start time will incur no penalty, and will result in a full refund.  If a tutor needs to cancel a session, the tutor will make every effort to find a replacement to conduct the session. If no replacement is possible a student will be compensated in accordance with the Monkey101 disputes resolution policy stated here. Monkey101 (on behalf of a tutor operating through Monkey101) reserves the right to cancel, in its sole discretion, any particular course. In the event a specific course is cancelled, participants will be contacted by us to arrange a transfer to an alternative course date. Alternatively, a full refund of the course will be given. Monkey 101 assumes no responsibility for non refundable airline-tickets, accommodation, deposits, or any other expenses incurred due to course cancellations.

14 day dispute resolution regarding payments

Any dispute by a student regarding lost lesson, must be raised within 7 days of the date which the lesson was supposed to take place, disputes raised outside of this time will not be entered into. If a tutor needs to cancel a session the following dispute resolution policy will apply:

  • A tutors first act of resolution is to arrange a suitable alternate time for the lesson.
  • If a practical resolution is not possible then the student must allow Monkey101 14 days to resolve the situation. If after all efforts an agreeable solution is not reached after 14 days, a full refund will be issued to the student, less applicable booking fee.

Late arrival and no-show policy

There will be no rescheduling or discount allotted for late arrivals. If the client shows up to the session late but within fifteen (15) minutes of the designated start time, the session will be held for the remainder of the time reserved. A client is considered a “no-show” if he/she fails to show up to the session within fifteen (15) minutes of the designated start time. If the client is over fifteen (15) minutes late, the session will be cancelled.

Limitation of liability and indemnity 

In no event will Monkey101 be liable for any direct or indirect damages arising out of access to or use of tutoring services beyond its service fee received from clients.  As a condition of use of this service, clients agree to indemnify Monkey101 from and against any and all liabilities, expenses (including legal fees) and damages arising out of or related to the carrying out of the tutoring by a tutor introduced by Monkey101.

Refund policy

Monkey101 (on behalf of the tutors providing classes through Monkey101) reserves the right to refuse a refund for any completed tutoring session. In the case where the tutoring package is partially completed, the balance can be refunded less administration fee on a case-by-case scenario. However, the hourly rate for the completed tutoring sessions will be charged at full price with no discount. Transferring bookings from one person to another is permitted provided you have advised us prior to the commencement of the course and we have acknowledged receipt of that advice.

No warranties

Monkey101 makes no promises or warranties with regards to a client’s performance as a result of any tutoring provided. Transactions and all other contact between you and tutors are conducted entirely at your own risk. The student agrees that Monkey101 takes no responsibility or liability for any misconduct of any of the tutors including, without limitation, tutors that have registered under false pretenses.

Minors 

Where the client is a legal minor, the Parent/Guardian shall enter into this agreement on behalf of the client and shall accept and agree to all the terms and conditions of the policies contained herein on behalf of the client.


Monkey101 copyright policy

The copyright policy for all courses paid for through Monkey10 follows. It provides information about copyright, intellectual property rights, and ownership of materials.

General copyright notice for classes offered through Monkey101

Unless otherwise stated, all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered), in and on our website, and all content located on the site shall remain the property of Monkey101 and the teacher of the various courses. All rights reserved. Reproduction of part or all of the content contained in courses in any form (including images) is prohibited, except you may print or download to a local hard disk extracts for your personal use. No content can be used for commercial use without the teacher’s prior written permission.

Using, copying, and downloading material from classes

You may quote and use material from classes as stated above, provided that you acknowledge the source and copyright of the material and, where appropriate, the author’s name. Should an author’s name and contact details be stated with any material, you must also contact that author and obtain his or her permission to use the material.

Other brands, logos, business names

Copyrights for all brands, logos, business names, and images linked to or referred to by this site belong to their respective owners.


Monkey101's privacy policy

The following sets out Monkey101's privacy policies. It includes Monkey101's commitment to our users' privacy, what information we collect and how we use it, the sharing of your information, how you can change your information, cookies, protection and security, and policy changes.

Monkey101's commitment to your privacy

Monkey101 takes its responsibility to safeguard your personal information very seriously. Protecting your privacy is important to us. We hope the following statement will help you understand how Monkey101 collects, uses and safeguards the personal information you provide us on our sites. This privacy notice sets out how Monkey101 will use your personal information. By visiting and using one of our websites, and using our products and services, you agree to this privacy notice.

What information we collect and how we use it

At times we may request that you supply us with personal information. Generally this information is requested when you apply or register for our services, or send us an enquiry. We collect, use, and retain information about you only if we reasonably believe it is justified, required, and useful in order to conduct our business effectively, and to provide you with information about our products and services we believe will be of interest to you.

Sharing of your personal information

At times we will share your information with other partners and stakeholders who work on our behalf, and who do so under conditions of confidentiality, and we may need to share your information with our service providers and agents for the purposes set out above.

Change of policy

We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time so you are encouraged to review this policy from time to time. We will, of course, notify you of any changes where we are required to do so.


Terms specific to tutor sign ups

Any tutor who is signed up to run courses on Monkey101's website is subject to all particulars specified here.

Tutor subscriptions

Tutors that are signed up as part of Monkey101 may be charged a monthly subscription at a rate set by Monkey101 and stated during sign up, however this rate is subject to change without notice. 

Tutor remuneration

Tutors will have any and all sales income generated from the sale of their courses on Monkey101 website and services collected in total on their behalf, and re-distributed to those tutors on a course by course basis following the successful conclusion of that course, less the commission collected by Monkey101, this commission is taken in the form of a percentage of total fees collected, stated upon sign up, and is subject to change without notice. By agreeing to these terms anyone signed up to receive income from sales and services processed through Monkey101 agrees to the terms of remuneration set out here, therefore indemnifying Monkey101 against any claims made regarding earnings or repayments from Monkey101 other than those set out in this agreement.

Tutor conduct

Monkey101 expects tutors using its services to conduct themselves as professional and with the highest of standards of practice, any tutor deemed to be not maintaining a decent standard of performance, reliability and conduct will be issued warning or immediately dismissed from Monkey101 website services at the discretion of the administration of Monkey101.

Tutor financial responsibilities

Monkey101 accepts no responsibility for the correct income tax, or local specific tax (i.e. GST in New Zealand) or any other financial reporting of those tutors within its system. Any tutor using Money101 agrees to take full responsibility for all of their own tax declarations and calculations.

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