Terms & Conditions
From the Duffy Twins
Welcome to Duffy Club!
Duffy Club has been developed so we can all help make this world a better place through education. We are playing our part in educating the Students of today so they become the successful people of tomorrow, applying what they have learned in Duffy Club to implement positive change locally, regionally, nationally and globally. We hope you too would like to support Duffy Club in helping enhance the future for our Students!
These terms and conditions have been composed to ensure this education is conducted in a safe and secure environment. We are educating our Students so we must ensure our Students have the most secure environment in which to learn. For this reason we have developed Duffy Club where a School Champion assumes responsibility for the Students at their school, and works closely with us to ensure all actions are conducted responsibly and without harm to others. School Champions agree to monitor the website and report any misconduct to us as soon as possible so we can take appropriate action.
We have also enhanced the learning experience for our Students by providing access to Mentors. Mentors provide feedback, advice and guidance for our Students, and also work closely with us to ensure all actions are conducted responsibly and without harm to others. Mentors agree to monitor the website and report any misconduct to us as soon as possible so we can take appropriate action.
Duffy Club has been developed for you our Students. To ensure you learn as much as possible please adhere to the guidance provided by us, your School Champion and the Mentors. Students please note that your School Champion can view and monitor your public communications and activities for your security.
We have gone into detail with the terms and conditions below to ensure our students are educated in an environment which is safe for all.
Enjoy!
Introduction
Welcome to Duffy Club, your community where you can have fun learning about money and how to be a successful business person. You can learn how to save for your future on your career path to going to university or buying your first home. Duffy Club (‘DC') service is operated by Duffy Academy Limited (‘UL’), and consists of the DC Website and other features and services offered by DC and its corporate affiliates in connection with the website (‘DC Services’). DC may be accessed through the Internet. By accessing or using the DC Service, you signify that you have read the following terms and conditions (the ’T&C’) and accept and agree to be bound by them, whether or not you register with the DC.
DC services are provided "As-Is". We screen school champions and mentors but we do not screen all content and we will work with school champions and mentors to independently verify the information given to us by a user or posted on this site. The DC is presented as a secure venue where secure login usernames and passwords are provided to school champions. Only school champions are to distribute these secure login usernames and passwords to their students. We will do our utmost to ensure all members (including students, team members, school champions, and mentors) realize the benefits of using the DC in a safe and secure environment. Members should always be cautious about giving personal information to other members or posting it in a place where such actions might be used against them.
These terms and conditions apply to all members of DC (including students, team members, school champions, and mentors) but given there are multiple user roles in DC we apologize if some terms and conditions do not read as if they are directed to you.
Terminology
In these T&C the following expressions have the meanings set out:
- "DC Services" means any one or more of the services offered by UL from time to time, including tutorials, team networking, access to mentors, and any other service that DC may offer;
- "DC Website" means any DC website through which the DC Services are offered;
- "Member" means any registered DC user including students, team members, school champions and mentors;
Acceptance and Amendments of Terms and Conditions
The T&C are the terms on which UL offers you access to the DC Services. By registering as a member of DC you accept these T&C. If you do not accept these T&C you must refrain from using the DC Services. These T&C may be amended in whole or in part by the DC from time to time. Amendments will be effective immediately upon posting of the amended T&C on this Website. You are responsible for ensuring you are familiar with the latest T&C. Your continued use of the DC Services represents your agreement to be bound by the T&C as amended. There may be other rules posted throughout the site that you will be required to observe.
Eligibility and Registration
You must be 9 years or older to use the DC Service. By registering for the DC Service, you represent and warrant that you are 9 years or older and that you have the capacity to understand, agree to and comply with these T&C. You should provide true, accurate and complete registration information to be a DC member, and also maintain the accuracy of this information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Use or membership with DC is void where prohibited.
Registration Process and Access
As part of the registration process your school must assign an adult school representative or champion. The school champion represents the students and provides the point of contact for DC. After completing the online ‘Sign Up’ DC will finalise the school registration. Your school champion can provide a logo and blurb for the school web page.
Two usernames and passwords are required to access DC. The first username and password enable the member (school champion and students) to access their school. The second username and password enable the member (school champion and students) to access their personal and team profiles.
DC will provide your school champion with (1) a secure login username and password for the school and (2) a secure login username and password for the school champion.
Following ‘Sign Up’ your school champion is to organise an assembly presentation for DC (if appropriate) and following the assembly presentation, organise the students into teams of three. DC requests the school champion distributes information on DC in school newsletters to all students to give them further insight into DC. Once supplied by DC, your school champion is to distribute the school username and password to students so the students can create their team profiles. Any number of students may become members of DC. Students form teams of three which become their ‘Companies’; they then name their Companies, and name their positions within their Companies e.g. CEO, CFO, GM.
As part of the school registration process, a DC logo and link is to be provided on the website of the school to which the school champion belongs. This enables online visitors including students a complementary and alternative access to the DC Website.
As part of the mentor registration process mentors receive a secure login username and password. With these you can access DC and create your profile.
As part of the family registration process families function like a school in DC. Families are to abide by these T&C in the same manner as a school.
Tutorials
There are thirty weekly tutorials throughout the school year. Tutorials are presented via podcast. Students can use their own resources to answer their assigned tasks as set by their school champion and may ask their teachers, parents, mentors or industry experts from the wider community as research, but final tasks must be completed and submitted by the teams. Answers are submitted to school champions for marking. School champions retain discretion and have the final say with the answers to all assigned tasks. Sponsors and businesses may be invited to present tutorials at your school by arrangement with your school champion.
Member Conduct and Appropriate Content
The DC Service is made available for your personal, non-commercial use only. You may not use the DC Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from New Zealand or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content (‘Materials’) that you submit, post, and display on the DC Services.
We may, but shall have no obligation to, remove or limit access to Materials originating from any DC user that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these T&C. Further, under no circumstances does DC have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Member’s use of the DC Service.
DC reserves the right to resolve any non-complying issues within the DC Website as soon as possible and if these issues continue after a formal warning then the school involved will relinquish their access to the DC and there will be no refund of the annual membership fee. The annual membership fee will not be refunded in any circumstance unless by prior agreement between UL and the school.
DC reserves the right to deactivate user accounts and user names that have been inactive for more than 180 days.
Conditions For Use
You agree to abide by all applicable local, regional, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the DC Service. By way of example, and not as a limitation, you agree NOT to:
• Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
• Publish, distribute and / or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
• Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.
• Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
• Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by DC.
• Create a false or misleading identity of, including, but not limited to, a DC employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
• Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Use the DC Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
• Attempt to gain unauthorized access to the DC Service, other accounts, computer systems or networks connected to the DC Service, through password mining or any other means.
• Modify, adapt, translate, or reverse engineer any portion of the DC Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the DC Service, except as expressly authorized by DC.
• Reformat or frame any portion of the web pages that are part of the DC Service.
• Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
• Remove any copyright, trademark or other proprietary rights notices contained in or on the DC Service.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
• Interfere with another Member's use and enjoyment of the DC Service.
• Harvest or collect email addresses or other contact information of Members, including usernames, from the DC Service by electronic or other means.
Proprietary Rights
DC claims ownership rights in all Materials that you submit, post, or display on or through the DC Service. After submitting, posting or displaying Materials on or through DC or the DC Service, DC continues to retain all ownership rights in such Materials, and continues to have the right to use your Materials in any way we choose. By submitting, posting or displaying any Materials on or through the DC Service, you hereby grant to DC and its agents and assign a license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials, not limited solely in connection with the DC Service or the promotion thereof.
Without this license, DC would be unable to provide the DC Service. For example, without the right to modify your Materials, DC would not be able to digitally compress team files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, DC could not allow users and Members to listen to videos posted by Members. The license you grant to DC is exclusive (meaning you are not able to license your Materials to anyone else in addition to the DC), fully-paid and royalty-free (meaning that DC is not required to pay you for the use on or outside the DC Service of the Materials that you post), sub licensable (so that DC is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the DC Service), and worldwide (because the Internet and the DC Service are global in reach). This license continues after you remove your Materials from the DC Service, and you agree that the license will continue with respect to other Members' continued use of your Materials; provided, however if you remove any of the Materials from the DC Service, DC reserves the right to remove all of your Materials from other Member's pages. The license grants DC the right to sell your Materials. You represent and warrant that: (i) DC owns the Materials posted by you on or through the DC Service or otherwise has the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the DC Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the DC Service. The hosting of certain items that you post, such as video, may require your agreement to a separate license agreement or terms of use.
UL and its affiliates own and retain all rights in the DC Website and DC Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) spreadsheets and attachments, (3) software, (4) photographs and videos and podcasts, (5) graphics, (6) page layout, and (7) design presented through and as part of the DC Service by DC. Except as expressly authorized by DC, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of DC's proprietary information. UL is the owner of the 'DC' and 'DuffyClub.co.nz’ marks, among others.
Privacy and Personal Information
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the DC Privacy Policy.
Information collected in connection with your use of the DC Service may be processed and stored in New Zealand, or other countries where DC or its parent, affiliates, subsidiaries or service providers maintain facilities. If you live outside New Zealand and use DC, you expressly consent to the transfer to New Zealand of the personal information you provide DC, or such other countries as we may disclose from time to time. Additionally, you agree that we may use your DC user name to authenticate you on any service provided by DC or its affiliates.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. DC respects the intellectual property rights of others and reserves the right to terminate any user's access to the DC Service according to these terms of use if DC is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below:
(i) statement that you have identified material on the DC Service which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the DC Service (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please send it to:
[Attn: Duffy Club Copyright Infringement Notification]
Duffy Twins
Email: twins@duffyclub.co.nz
If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to DC. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to DC in bad faith.
If you believe that any material that you have uploaded on to the DC Service has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice ('Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below:
(i) specific details of the material that has been removed or to which DC has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided DC with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy).
Once you have completed the Counter-Notice, having included all of the information set out above, please send it to:
[Attn: Duffy Club Copyright Infringement Counter-Notification]
Duffy Twins
Email: twins@duffyclub.co.nz
If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to DC. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to DC in bad faith.
Internet Access
DC shall not be responsible for any connection or access to the DC Service by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the DC Service via the Internet, and the Internet access charges thereon. You recognize that DC shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the Service via internet.
Termination of the DC Service
These T&C will apply to your use of the DC Service. At any time you can terminate your membership but you must find a replacement team member for your team, and seek agreement from other team members. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the DC Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
DC may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the DC Service, or any part thereof, with or without notice. You agree that any termination of access to the DC Service under any provision of the T&C may be effected without notice, and acknowledge and agree that DC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the DC Service. Where possible, DC will use reasonable efforts to give Members fair notice of termination or suspension of their access to the DC Service. Further you agree that DC shall not be liable to you or any third party for any termination or suspension of access to the DC Service or modification of the DC Service.
Third Party Sites
The Service may include links to third party websites, including links to certain related products or services. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services, and DC may, in its sole discretion, remove such links. We are not responsible or liable for any content, the products or services, or other materials on these third party sites.
Disclaimer of Warranties
DC and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents (collectively, 'DC and its Affiliates') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, content or Materials displayed on the DC Service.
DC and its Affiliates further expressly disclaims (1) that the DC Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the DC Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the DC Service or the content made available as part of the DC Service will be correct, accurate, timely, or otherwise reliable.
DC and its Affiliates expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the DC Service input by other Members is correct or accurate.
DC, on behalf of itself, and its licensees, provides the DC Service, and all materials, information (including, without limitation, text, graphics, links or any information or materials obtained or accessed through the DC Services), products, and services included therein are provided ‘as is’, ‘with all faults’, ‘as available’, with no warranties whatsoever. DC expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights. Some geographical locations do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
You agree that your use of the DC Service is entirely at your own risk.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at DC's request defend, DC, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the DC Service, or your Materials, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, DC will provide you with written notice of such claim, suit or action.
Limitation of Liability
Your use of the DC Service is at your sole risk. Under no circumstances will DC, its parent, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, be liable to you for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, goodwill, use, data, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with use of, or inability to use, the DC Service, whether of not DC has been advised of the possibility of such damages or loss. Such limitation of liability shall apply (I) whether the damages arise from use or misuse of and reliance on the DC Service, from inability to use the DC Service, or from the interruption, suspension, or termination of the DC Service or any component thereof (including such damages incurred by third parties), and (II) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. If you are dissatisfied with the DC Service or any part of the DC Service your sole and exclusive remedy is to discontinue using the DC Service and its related website. Under no circumstances shall DC be liable to you for any amount exceeding one dollar ($0.01). Some jurisdictions do not allow the exclusion or limitation of certain liabilities (including, in the United Kingdom, in respect of (I) death or personal injury caused by the negligence of DC or (II) the tort of deceit or fraudulent misrepresentation), so the above limitation and exclusions may not apply to you in so far as such exclusions and limitations are not permitted.
Notices
DC may provide you with notices regarding the DC Service or these DC T&C by regular mail, email, or postings to this Website.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the DC Service.
DC reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the DC Service, DC users, and the rights and property of DC and its affiliates.
Miscellaneous
These Terms of Service will be governed by and construed in accordance with the laws of New Zealand, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the T&C to be unenforceable, the remainder of the T&C will continue in full force and effect. You shall not assign these T&C or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each of DC's affiliates are express and intended third party beneficiaries of these T&C and may enforce any of its terms and exercise any of the rights to the same extent as DC.
Without limiting the foregoing, under no circumstances shall DC be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These T&C constitute the entire agreement between you and DC with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the T&C by a party will be effective only if in writing and signed by a party.
Amendment Date
These T&C were last updated 7th January 2010.
Section(s): All sections in preparation for the 2010 school year