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Terms of Service

Last Updated Date: February 2025

These Terms of Service (Terms) apply when you use the Te Heke Mai platform www.tehekemai.co.nz (Te Heke Mai or Platform) powered by pAI2. Please read them carefully. In these Terms, “you” and “your” means a person using Te Heke Mai and “pAI2” means pAI2 Limited, the New Zealand company operating Te Heke Mai.

  1. Background

    Te Heke Mai is a Platform Service designed to support You, and to give You access to resources to upskill, so You can confidently look for work, start new work, or stay in and be successful in Your work.

  2. Acceptance

    By accessing and using the Platform, You agree you have read, accept, and will use the Platform in accordance with these Terms which are a legal agreement between you and pAI2 and other Users. If you don’t agree to these Terms, you should not use the Platform.

  3. Licence to Use

    As long as you comply with these Terms, pAI2 grants you a limited non‐exclusive, non‐transferable license to access and use the Platform for your own personal use.

  4. Te Heke Mai

    Te Heke Mai offers features to you to create and maintain your CV or profile; to upskill by accessing a range of learning resources; to find and engage with coaches for support; and to provide you with access to work opportunities. pAI2 is not your employer or a party to any contractor agreement with you, and does not provide you with human resources or worker management services, that is between you and any person that engages you for work.

  5. Your Risk

    You use the Platform at your own risk. pAI2 cannot and does not control the actions of any other User of the Platform including the provision of any Content. pAI2 gives you no undertakings, representations, or warranties in relation to any User’s conduct or use of the Platform except as expressly contained in these Terms. You agree not to involve, or attempt to involve pAI2 in any dispute between you and a User or another person as a result of any act or omission of a User or another person.

  6. Joining Te Heke Mai

    You agree to sign‐up and create a Te Heke Mai Account to access the Platform; to only have one active Te Heke Mai Account; to provide accurate information during the sign‐up process; and to properly maintain that information and keep it current. pAI2 may in its discretion refuse to accept any sign‐ups.

  7. Account and Passwords

    You agree to keep your password safe; not to disclose your password to any 3rd party; to take sole responsibility for all activities and actions under your Te Heke Mai Account (including all Content provided); and to notify pAI2 immediately of any unauthorised use of your Te Heke Mai Account.

  8. Account Changes

    pAI2 may change, restrict, suspend or terminate your Te Heke Mai Account and your access to the Platform at its discretion including if any information provided is or becomes inaccurate, fraudulent, deceptive or misleading, or if you do not comply with these Terms. pAI2 is not liable to you for any loss or damage incurred by you or anyone else if it changes, restricts, suspends or terminates your Te Heke Mai Account. pAI2 may in its sole discretion, issue warnings to you, warn other Users about your actions or alleged actions or take other steps it considers appropriate.

  9. Cancelling Your Te Heke Mai Account

    You may terminate your Te Heke Mai Account at any time by email. If your Te Heke Mai Account is terminated, pAI2 will not have any obligation to delete or return to you any Content you have provided on the Platform.

  10. Te Heke Mai Access

    pAI2 may monitor User access to or use of the Platform and may access, use and disclose any information or Content for the purposes of operating and improving the Platform; and monitoring and enforcing compliance with these Terms and applicable laws. pAI2 may, at any time, without prior notice, in its discretion take such action as it considers reasonable for those purposes.

  11. Feedback

    pAI2 welcomes your feedback about the Te Heke Mai Platform. All information and ideas provided by you in any feedback may be freely used by pAI2 for any purpose and the content and copyright in any feedback will, on receipt by pAI2, be its sole property. You assign to pAI2 all intellectual property rights in feedback you provide.

  12. Privacy

    Te Heke Mai’s Privacy Policy (as may be updated from time to time) governs the collection and use of your personal information. You and pAI2 will observe the Privacy Policy in relation to personal information. Each of pAI2 and you must comply with the Privacy Act 2000 and all amendments to it.

  13. User Content

    You are responsible for all Content you provide for the Te Heke Mai Platform (your Content) and will ensure your Content complies with these Terms. pAI2 does not assume responsibility for and does not endorse any Content. You should review your Content regularly to ensure it is accurate, lawful and not misleading. You warrant your Content is accurate; you will remove any inaccuracies in your Content; you own or have all rights, licenses and consents necessary to provide your Content; other authorised Users and pAI2 may use your Content in accordance with these Terms; and your Content and all use of your Content as contemplated by these Terms will not infringe anyone’s intellectual property rights, privacy, or breach any law.

  14. Content Licence

    For the avoidance of doubt nothing in this clause is intended to, nor will it be construed to, limit the Privacy Policy and all content use under this clause is subject to the obligations of pAI2 under terms of the Privacy Policy (as it may be amended from time to time). You agree that pAI2 may use, and you grant to it a worldwide, irrevocable, perpetual, non‐exclusive, assignable, royalty‐free license (with the right to sublicense) for your Content. pAI2 may use your Content for all purposes relating to the Te Heke Mai Platform including advertising, marketing, commercial and other business purposes in any media or platform without notice or payment. If pAI2 wishes to disclose your personal information to another party for these purposes, it will obtain your consent before doing so.

  15. Content Use

    Content on the Te Heke Mai Platform may be publicly available, available for Users or certain Users only, or retained on the Te Heke Mai Platform and unpublished, in each case in pAI2’s discretion. pAI2 may, without prior notice, remove, disable or otherwise alter access to Content for any reason including Content that pAI2, in its sole discretion, considers to be objectionable for any reason, in breach of these Terms, or otherwise detrimental or harmful to pAI2, Users, other persons or the Te Heke Mai Platform. If pAI2 removes or restricts access to Content it may do so without notice and without liability to you.

  16. No Endorsement

    Users are required by these Terms to provide accurate information, and although pAI2 may assist with providing additional checks or processes designed to help verify or check the identities or backgrounds of users, pAI2 makes no representations about and does not confirm or endorse any User in any way.

  17. Your Interactions With Other Users

    You make your own decisions about the identity and suitability of all persons you communicate with or have any other interaction with on or in relation to the Te Heke Mai Platform. pAI2 is not responsible for any damage or harm resulting from your interactions with other Users or persons contacted directly or indirectly through the Te Heke Mai Platform. You agree not to attempt to impose liability on or seek any legal remedy from pAI2 relating to actions or omissions of other Users or 3rd parties.

  18. Harassment

    You agree you will not contact, harass or stalk any User of the Te Heke Mai Platform, or collect or store any personally identifiable information about any user other than for purposes of legitimately transacting on the Te Heke Mai Platform in accordance with these Terms.

  19. User Conduct

    You agree not do any of the following in relation to use of the Te Heke Mai Platform:

    • breach any law including, employment, health and safety, immigration or criminal law;
    • use, access, copy or store any part of the Te Heke Mai Platform or Content for any commercial or other purposes not expressly permitted by these Terms;
    • register a Te Heke Mai Account on behalf of a person other than you (except where you are legally authorised to do so or do so with their consent);
    • impersonate anyone, falsify or misrepresent yourself or your affiliation with anyone;
    • provide or transmit any false, misleading or deceptive Content or Content that infringes anyone’s intellectual property, privacy or contractual rights; or defame anyone;
    • transmit, distribute, post or submit any Content relating to any other person without their consent, including photographs, personal, financial (credit, debit card or account numbers) or other confidential information;
    • use the Te Heke Mai Platform in connection with the distribution of unsolicited commercial messages (“spam”) or advertisements for your services or services of another person;
    • provide any Content which is obscene, pornographic or offensive;
    • promote discrimination, hatred, harassment or harm against any person or group; be violent or threatening or promote violence or actions that are threatening to any other person; or promote illegal or harmful activities or substances;
    • encourage, or assist any person to do any of the above.

  20. Reporting Misbehaviour

    If you believe a User is acting or has acted inappropriately, including but not limited to anyone who engages in disturbing, criminal, offensive, violent or sexually inappropriate conduct, you should immediately report such person to the appropriate authorities. pAI2 will cooperate with all authorities as required by law. Reporting any details of inappropriate activities or actions to pAI2 does not require pAI2 to take any action or cause pAI2 to incur any liability to you.

  21. pAI2 Not Responsible For Users Actions

    You are solely responsible for all of your communications with pAI2 or other Users of the Te Heke Mai Platform and with other persons with whom you communicate or interact as a result of your use of the Te Heke Mai Platform, including, but not limited to, any other User. You agree to take reasonable precautions in all communications and interactions with pAI2 and other Users of the Te Heke Mai Platform and with other persons with whom you communicate or interact as a result of your use of the Te Heke Mai Platform, including, but not limited to, other Users, particularly if you decide to meet them in person regardless of whether such meetings are organised using the Te Heke Mai Platform. pAI2 expressly disclaims all liability for any act or omission of any member or other third party.

  22. User Acknowledgement

    Users agree that pAI2 and/or Te Heke Mai does not act as your advisor or agent and you decide entirely in your discretion who you choose to communicate and interact with. Any agreement you enter into with another User is between you and the User and pAI2 is not a party to it. You acknowledge and agree that you are responsible for your own acts and omissions relating to the use of the Te Heke Mai Platform and any arrangements you make with other Users.

  23. Using pAI2’s Te Heke Mai Platform

    pAI2 may have arrangements with Partners or other organisations which allow certain types of Users to use all or part of the Te Heke Mai Platform on special arrangements.

  24. User Obligations

    Users, not pAI2, are solely responsible for their obligations under the employment agreements that they have with other Users. Users agree and understand they are responsible for all terms and conditions under those agreements and they, and not pAI2, will be responsible for performing the obligations of any such agreements. pAI2 is not a party to such agreements, and pAI2 disclaims all liability in relation to any such agreements.

  25. Ownership

    The Te Heke Mai Platform is protected by copyright, trademark, and other laws of New Zealand. You acknowledge and agree that the Te Heke Mai Platform, including all associated intellectual property rights, are the exclusive property of pAI2 and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Te Heke Mai Platform.

  26. Te Heke Mai Branding

    All trademarks, service marks, logos, trade names and collateral of Te Heke Mai belong to pAI2 and may not be used or reproduced without pAI2’s prior written agreement.

  27. Restricted Use

    You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, or use any AI capability to read or review, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Te Heke Mai Platform, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by pAI2 or its licensors, except for the licenses and rights expressly granted in these Terms.

  28. Interference With The Te Heke Mai Platform

    pAI2 provides its Te Heke Mai Platform on the basis it will enjoy reasonable public and online access and pAI2’s business relies on all Users using the Te Heke Mai Platform for proper purposes. Users agree not to:

    • enter any false or misleading information into the Te Heke Mai Platform;
    • damage or interfere with the Te Heke Mai Platform or negatively impact User access to the Te Heke Mai Platform;
    • access or use any system, the Te Heke Mai Platform or any pAI2 API to use, expose, or allow to be used or exposed, any Content or any data relating to the Te Heke Mai Platform that is not publicly displayed or intended to be publicly displayed by pAI2;
    • access, use, copy, “scrape,” “crawl”, “spider”, or use any AI capability to read or review, Content or any data relating to the Te Heke Mai Platform or create or compile, directly or indirectly, a collection, compilation, database, directory or similar using Content or any data relating to the Te Heke Mai Platform;
    • access, tamper with, or use non‐public areas of the Te Heke Mai Platform, pAI2’s computer systems, or the technical delivery systems of pAI2’s providers; or attempt to probe or test the vulnerability of the Te Heke Mai Platform, or any pAI2 system or network, or breach any security or authentication measures;
    • circumvent any technological measure implemented by pAI2 or any of pAI2’s providers or any other third party (including another user) to protect the Te Heke Mai Platform;
    • forge any TCP/IP packet header or any part of the header information in any communication, or in any way use the Te Heke Mai Platform to send altered, deceptive or false source‐identifying information;
    • re‐use or display, mirror or frame any part of the Te Heke Mai Platform, pAI2’s name, trademark, logo or other proprietary information, or the layout and design of any page or part of a page;
    • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Te Heke Mai Platform; or
    • encourage or assist any person to do any of the above.

  29. Links

    The Te Heke Mai Platform may contain links to 3rd party sites or materials. You acknowledge you access those sites and materials at your own risk and choice and pAI2 is not responsible for the accuracy or content of those sites or materials and you agree to use those sites and materials in accordance with and subject to their respective terms of use.

  30. No Te Heke Mai Platform Warranties

    pAI2 does not warrant that the Te Heke Mai Platform will meet your requirements, or will be available on an uninterrupted, secure, or error‐free basis. The Te Heke Mai Platform is provided “as is”, without warranty of any kind, either express or implied. Without limiting this, pAI2 expressly disclaims any warranties of merchantability or fitness for a particular purpose.

  31. No Other Warranties

    pAI2 makes no warranty regarding the quality of any Content or Users, including the accuracy, timeliness, truthfulness, completeness or reliability of any Content used, seen or otherwise obtained through the Te Heke Mai Platform. No advice or information, whether oral or written, obtained from pAI2 or through the Te Heke Mai Platform, will create any warranty not expressly made in these Terms.

  32. Advertising

    pAI2 may allow advertisements and links on the Te Heke Mai Platform. By allowing advertising, pAI2 does not recommend or endorse advertisers’ goods or services, and you agree pAI2 is not responsible for anything promised, said, done or omitted by such advertiser.

  33. Indemnity

    You agree to indemnify pAI2 and its related companies, and their officers, directors, employees and agents, and keep them harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Te Heke Mai Platform or your non‐compliance with these Terms; your Content; and your interactions with any User.

  34. Excluded Liability

    You agree that to the maximum extent permitted by law, the entire risk arising from your access to and use of the Te Heke Mai Platform, any contact you have with other Users whether in person or online remains with you. pAI2 is not liable for any direct, indirect, incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Te Heke Mai Platform, from any communications, interactions or meetings with other Users or other persons with whom you communicate or interact as a result of your use of the Te Heke Mai Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal right, and whether or not pAI2 has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

  35. Limited Liability

    If for any reason the exclusions from liability in these Terms do not apply, then pAI2’s total liability arising out of or in connection with these Terms and your use of the Site or Services will not exceed the amounts you have paid to pAI2 in the six (6) month period prior to the event giving rise to the liability, or $150, whichever is the greater. These limitations of damages are fundamental elements of the basis of the bargain between pAI2 and you.

  36. Force Majeure

    pAI2 has no liability for non‐performance, unavailability or failure of the Te Heke Mai Platform, or compliance with these Terms (“failures”) if the failures arise from any cause reasonably beyond pAI2’s direct control.

  37. Amendments

    pAI2 may, in its sole discretion, change the Te Heke Mai Platform, these Terms, (including fees) at any time and without prior notice. If we change these Terms, the change will take effect on the earlier of when we post the change on the Te Heke Mai Platform or otherwise provide you with notice of the change. By continuing to access or use the Te Heke Mai Platform after we have posted a change on the Te Heke Mai Platform or have provided you with notice of a change, you are indicating that you agree to be bound by the changed Terms.

  38. Entire Agreement

    These Terms constitute the entire and exclusive understanding and agreement between pAI2 and you regarding the Te Heke Mai Platform and these Terms supersede and replace any and all oral or written understandings or agreements between pAI2 and you regarding the Te Heke Mai Platform.

  39. Assignment

    You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. pAI2 may assign or transfer these Terms, at its sole discretion, without restriction. These Terms bind the parties, their successors and permitted assigns.

  40. Notices

    Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by pAI2 via email (in each case to the address that you provide it) or by posting to the Te Heke Mai Platform. For notices made by e‐mail, the date of receipt will be deemed the date on which the notice is transmitted.

  41. Disputes & Law

    If any dispute arises between you and us relating to these Terms the parties will attempt to resolve the dispute by negotiation. If that fails after a reasonable attempt to do so, then the dispute will be referred to mediation by a mediator agreed by the parties or failing agreement, appointed by the president of AMINZ. Mediation costs will be equally shared. If mediation fails then the parties agree the dispute will be arbitrated under the arbitration law then current in New Zealand by an arbitrator appointed by the president of AMINZ. These Terms and the use of the Te Heke Mai Platform are governed by New Zealand law. Nothing in this clause prevents a party from seeking interim relief in a New Zealand Court.

  42. General

    A failure by pAI2 to enforce any part of these Terms will not constitute a waiver and any enforcement of these Terms is without prejudice to any other remedies available to pAI2. If a part of these Terms is invalid or unenforceable then that part will be split from the Terms and the remaining Terms will not be affected.

  43. Third party beneficiary

    These Terms do not and are not intended to confer any rights or remedies on any person other than the parties.

  44. Contacting Te Heke Mai

    If you have any questions about these Terms please contact pAI2 at hello@tehekemai.co.nz

  45. Glossary

    These terms have these meanings:

    • Content includes text, graphics, images, documents, files, music, software, audio, video, processes, algorithms, links and other information or materials, posted, uploaded or transmitted, or featured in or on the Platform.
    • pAI2 means pAI2 Limited.
    • Te Heke Mai Account or Account means the account membership status and information required by pAI2 in relation to a User.
    • Platform includes the Te Heke Mai Site, Services and Content.
    • Profile means the information provided by you on the Platform in relation to you.
    • Services means the functionality and services provided by pAI2 via Te Heke Mai.
    • Site means www.tehekemai.co.nz and any other websites or mobile applications through which pAI2 makes the Services available.
    • User means all users of the Te Heke Mai Platform of every kind.
    • You and your are a reference to you.