Full policy

Auckland Challenge Online Resource Network Terms of Service

Acceptance of Terms

By accessing or using the Auckland Challenge Online Resource Network ("ACORN") provided by Auckland Challenge, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, do not use ACORN.

Users

User Eligibility

You must be at least 13 years old to create an account on ACORN. If you are under 18, you may only use ACORN with the consent and supervision of a parent or guardian.

User Registration

To access certain features of ACORN, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and are liable for all activities that occur under your account.

User Conduct

1)      You agree to use ACORN for lawful purposes and in a manner that does not violate any applicable laws or regulations.

2)      You may not upload, post, or transmit any content that is harmful, offensive, or infringing on the rights of others.

3)      Users are prohibited from engaging in behaviors that are considered unacceptable by Auckland Challenge including but not limited to harassment, hate speech, spam, or any activities that violate these Terms and Conditions. Auckland Challenge reserves the right to take appropriate action against users who engage in such behavior, including account suspension or termination.

Prohibition on Sharing or Distribution of Course Content

1)      Unless expressly specified within a particular course or Content, you are prohibited from sharing, distributing, or making available to others any course materials, videos, documents, or other content provided through ACORN.

2)      This prohibition includes, but is not limited to, sharing content through physical copies, digital files, email, messaging apps, social media, or any other means of communication or distribution.

3)      You may only share or distribute course content when explicitly granted permission by Auckland Challenge, and such permission must be in writing.

4)      Violation of this clause may result in the termination of your access to ACORN and legal action.

Right to Restrict Access

1)      Auckland Challenge reserves the right to restrict, suspend, or terminate your access to ACORN, in whole or in part, at its sole discretion and without prior notice, for any reason, including but not limited to:

i)        Violation of these Terms and Conditions.

ii)       Suspected or actual illegal activities or fraudulent conduct.

iii)     Maintenance, upgrades, or technical issues.

iv)     Any violation of applicable laws or regulations.

v)       Actions that may disrupt the proper functioning of ACORN or negatively impact other users.

2)      Auckland Challenge shall not be liable to you or any third party for any such restriction, suspension, or termination of access.

3)      Auckland Challenge reserves the right to terminate user accounts at its sole discretion and without prior notice. Accounts may be terminated for violations of these Terms and Conditions, engagement in illegal activities, or disruptive behavior that hinders the proper functioning of ACORN.

Termination

Auckland Challenge reserves the right to terminate your access to ACORN at its discretion, with or without cause.

Communication Preferences

Users have the option to manage their communication preferences, including opting out of marketing emails and notifications, by adjusting their account settings on ACORN. This will not affect other communications from Auckland Challenge.

Content

Platform Content

1)      Auckland Challenge provides educational content through ACORN, including courses, videos, and materials ("Content"). You may access and use the Content for personal, non-commercial purposes unless expressly authorised by Auckland Challenge.

2)      You may not reproduce, distribute, modify, or create derivative works from the Content without prior written permission from Auckland Challenge.

Fees and Payments

1)      Some Content on ACORN may require payment. You agree to pay all fees associated with your use of such Content.

2)      All payments made on ACORN are non-refundable unless otherwise specified.

Course Grading and Challenge Process

1)      Course grading on the ACORN Online Learning Platform may be conducted by ACORN's automated systems, Auckland Challenge staff members, or authorized agents.

2)      If you believe there is an error or discrepancy in the grading of a course, you may challenge the grading by sending an email to acorn@aucklandchallenge.org.nz The challenge must include a detailed explanation of the concern and any relevant supporting documentation.

3)      Auckland Challenge will review the challenge and make reasonable efforts to resolve the issue within a reasonable timeframe.

Third-Party Links and Resources

ACORN may include links to third-party websites or resources for user convenience. Auckland Challenge does not endorse or control these third-party sites or content and is not responsible for their accuracy, legality, or appropriateness. Users access third-party content at their own risk.

Copyright

Ownership of User-Generated Content

1)      Users of ACORN may have the opportunity to create and contribute user-generated content, including but not limited to comments, posts, and discussion contributions ("User Content").

2)      Users retain ownership of their respective User Content. By submitting User Content on ACORN, users grant Auckland Challenge a worldwide, non-exclusive, royalty-free, perpetual, revocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content for the purpose of operating and improving ACORN.

3)      Subsection 2 does not apply where the user has explicitly opted out upon upload of the User Content.

4)      Users are solely responsible for the User Content they submit, and they agree not to submit any User Content that infringes on the rights of others, violates any applicable laws, or is harmful, offensive, or inappropriate.

5)      Auckland Challenge reserves the right to remove or modify User Content that violates these Terms and Conditions or for any other reason at its sole discretion.

Copyright Ownership and Content Presentation

1)      Unless otherwise specified in writing, all content, including but not limited to course materials, videos, documents, text, graphics, and any other materials made available through ACORN, is the exclusive property of Auckland Challenge and is protected by copyright laws.

2)      You may access and use the content solely for personal, non-commercial educational purposes as provided within ACORN.

3)      You are strictly prohibited from sharing your account credentials or engaging in any account sharing practices that grant unauthorized access to ACORN or its content.

4)      You may not publicly present, display, or perform any content from ACORN, whether in a physical or digital setting, without prior written permission from Auckland Challenge.

5)      Any use, reproduction, distribution, or modification of the content without explicit written permission from Auckland Challenge is prohibited.

6)      Auckland Challenge reserves the right to enforce its copyright and take legal action against any unauthorized use, distribution, sharing, or public presentation of its copyrighted materials.

Ownership of ACORN

1)      The ACORN Online Learning Platform, including all its components, features, and intellectual property, is the exclusive property of Auckland Challenge except where otherwise specified.

2)      Auckland Challenge retains full ownership and control of ACORN, including but not limited to its source code, databases, trademarks, and any associated materials except where specified.

3)      No user, individual, or entity shall acquire any ownership rights, including intellectual property rights, in ACORN through their use of ACORN.

Privacy

Privacy Policy

1)      Your use of ACORN is subject to our Privacy Policy, which can be found at https://aucklandchallenge.sharepoint.com/:w:/s/policy/EeOXKIwjpiVAoImLIkr47s4Bo2ZKvRTnJwpFN26elWL7Fg?e=Il9WZU

2)      Auckland Challenge may share your information with the Duke of Edinburgh's International Award and our trusted partners for the sole purpose of program delivery and related activities. This includes, but is not limited to, facilitating program enrollment, tracking progress, and ensuring compliance with program requirements.

3)      Your personal information will only be shared with the Duke of Edinburgh's International Award and our partners when necessary to fulfill program-related obligations, and we will take reasonable measures to protect the confidentiality and security of your data in accordance with applicable data protection laws and regulations.

Access to DofE Online Record Book

1)      If you are a DofE Participant in an Auckland Challenge Operated or Supported Award Unit or a member of an Award Unit partnered with Auckland Challenge, you hereby agree to and grant permission for ACORN to access your DofE Online Record Book for the purpose of providing ACORN's services.

2)      Unless you are a member of an Auckland Challenge Operated or Supported Award Unit, Auckland Challenge staff cannot access your Online Record Book using the permissions outlined in this clause.

Platform

Open Source Licencing

1)      The source code of the ACORN Online Learning Platform is licensed under the GNU General Public License (GPL), version 3 or higher, a copy of which can be obtained at https://www.gnu.org/licenses/gpl-3.0.en.html.

2)      As a user of ACORN, you are granted the rights and subject to the obligations outlined in the GPL license with respect to ACORN's source code.

3)      Auckland Challenge complies with the GPL license's requirements for providing access to the source code upon request, as specified in the GPL.

4)      Requests for source code must be directed to Auckland Challenge Technical Services at it@aucklandchallenge.org.nz

5)      Any modifications, distribution, or further development of ACORN's source code must adhere to the terms and conditions of the GPL license.

Modifications to ACORN

Auckland Challenge reserves the right to make modifications, updates, or discontinuations to any features or services on ACORN at its sole discretion. Users will be notified of significant changes through appropriate means, such as platform announcements or email communication.

Availability and Discontinuation of ACORN

1)      Auckland Challenge does not guarantee the availability of ACORN at any given time and accepts no liability for any losses or damages resulting from the lack of availability of ACORN.

2)      Auckland Challenge reserves the right to, at any time and without notice, make ACORN unavailable or discontinue its use.

Disclaimers

1)      ACORN and Content are provided "as is" without any warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

2)      Auckland Challenge does not guarantee the accuracy, completeness, or reliability of the Content.

Other provisions

Limitation of Liability

1)      Auckland Challenge shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of ACORN or Content.

2)      Users acknowledge and agree that Auckland Challenge is not responsible for any loss of user data or content stored on ACORN. Users are encouraged to regularly back up their data.

 

Indemnification

You agree to indemnify and hold Auckland Challenge harmless from any claims, losses, or damages arising out of your use of ACORN or violation of these Terms.

Changes to Terms

Auckland Challenge reserves the right to modify these Terms and Conditions at any time. Any changes will be posted on ACORN, and your continued use of ACORN after such modifications constitutes your acceptance of the revised Terms.

Governing Law

These Terms and Conditions are governed by the laws of New Zealand.

Contact Information

If you have any questions or concerns about these Terms and Conditions, you may contact Auckland Challenge at dofe@aucklandchallenge.org.nz

Entire Agreement

 Entire Agreement Clause: These Terms and Conditions constitute the entire agreement between users and Auckland Challenge regarding the use of ACORN, superseding any prior agreements or understandings.