Terms of Use

Welcome to Ko Awatea LEARN!

Thanks for using Ko Awatea LEARN (“LEARN”). LEARN is a website provided by Ko Awatea, located at Counties Manukau District Health Board (CMDHB), Middlemore Hospital, Hospital Road, Otahuhu, Auckland. By using LEARN, you are agreeing to these terms. Please read them carefully. LEARN is a unique system, so sometimes additional terms or requirements may apply. You agree to use the website in a manner that complies with all applicable laws and regulations and that does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of the website. You may not use the website to transmit any communication which is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise objectionable. We reserve the right to suspend or cancel your access to the website if we believe you have breached any of these terms.  You agree to indemnify us from and against all losses if you breach of these terms. Some parts of the website are restricted to users who have registered with us. Each registered user (everyone with online services access, whether as an individual or as an account owner, account administrator or account user for an organisation) has the following responsibilities:

  • You must not access or attempt to access the online services through automated tools (including the use of scripts, web-crawlers, robots or screen-scrapers), or engage in any activity that will, or is likely to, interfere with or disrupt the online services.

  • You must keep your username and password secure. Never disclose your password to anyone else, including koawatea staff. If you think someone knows your password, you must immediately:

    • change your password, or

    • cancel your online account

  • You must keep your registration details up-to-date.

Every time you use this service as a registered user, whether as an individual or as an account owner, account administrator or account user for an organisation, on behalf of another person or organisation eg. your employer, or nominated person, you are saying that person or organisation authorised you to use the service on their/its behalf.

Linking to our website

You may create hypertext links to this website. If you do this, you:

  • acknowledge that you are responsible for all direct or indirect consequences of the hypertext link

  • agree that Ko Awatea is not responsible for any loss, damage, liability, costs or expense you may incur for creating or maintaining the hypertext link.

Following hypertext links

If you follow a hypertext link to another website, this is your own responsibility. When visiting other websites, you should refer to the conditions of use of each of those websites and not rely on the conditions of this website. Links to other websites are provided for the benefit of our site users. Ko Awatea is not responsible for the content on the sites we link to and does not endorse any commercial organisations.           

Changes to the website

Ko Awatea may change, suspend or discontinue any aspect of this website at any time, including any service or content offered by this website.

Governing law

This website is governed by New Zealand law, and the Courts of New Zealand have exclusive jurisdiction. Ko Awatea makes no representation that this website complies with laws (including intellectual property laws) of any country outside New Zealand. If you access this website from outside New Zealand, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

Privacy and Copyright Protection

LEARN’s Site Details explain how we treat your personal data and protect your privacy when you use LEARN. By using LEARN, you agree that Ko Awatea can use such data in accordance with our Site Details. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act.

Content in LEARN

When you upload or otherwise submit content to LEARN, you give Ko Awatea a worldwide licence to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes that we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights that you grant in this licence are for the limited purpose of operating, promoting and improving LEARN. This licence continues even if you stop using LEARN (for example, for a blog post that you have added to LEARN). If you have a LEARN Account, we may display your Profile name, Profile photo and actions you take in LEARN (such as course reviews you write and comments you post) in commercial contexts.

ANY courses, modules or related content within LEARN that is distributed or duplicated outside of LEARN by a LEARN user (learner, administrator, or otherwise) needs the express, written approval of Ko Awatea's Digital Services Manager to do so beforehand. Without this approval the distribution or duplication will conflict with these terms of use and thus the user will be liable, and give Ko Awatea the ability to suspend or discontinue their LEARN contract with the users organisation at any time.

Modifying and Terminating our Services

We are constantly changing and improving LEARN. We may add or remove functionalities or features and we may suspend or stop a LEARN altogether. You can stop using LEARN at any time, although we would be sorry to see you go. Ko Awatea may also stop providing LEARN to you or add or create new limits to our Services at any time. We believe that you own your data, and preserving your access to such data is important. If we discontinue LEARN, where reasonably possible, we will give you reasonable advance notice and a chance to remove information from LEARN.

About these Terms

We may modify these terms or any additional terms that apply to LEARN to, for example, reflect changes to the law or changes to LEARN. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. If you do not agree to the modified terms for LEARN, you should discontinue your use. If there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency. These terms govern the relationship between Ko Awatea and you. They do not create any third party beneficiary rights. If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

Last modified: Friday, 11 April 2014, 10:33 AM