These Terms and Conditions (“T&Cs”) govern the use of WorkX Ltd's software and services (“WorkX”) and form part of the WorkX Service Agreement. By signing a Service Agreement, the School agrees to these T&Cs in full. These T&Cs may be updated from time to time — the current version is always available at workx.co.nz/terms.
1.1 "WorkX" means WorkX Ltd, a New Zealand company and its affiliates.
1.2 "School" means the legal entity that has signed a WorkX Service Agreement.
1.3 "Service" means the WorkX platform, including the web application, mobile app, and all associated features and tools.
1.4 "Users" means staff, students and employers who access the Service on behalf of the School.
1.5 "Agreement" means the Service Agreement signed between WorkX and the School, together with these T&Cs.
2.1 WorkX grants the School a limited, non-transferable, non-exclusive right to access and use the Service via a web browser and/or mobile app for the duration of the Agreement.
2.2 Nothing in these T&Cs transfers any ownership rights in or to the Service. WorkX is not obligated to provide copies of code or programs in any form.
2.3 The School must not: (i) copy, modify or create derivative works from the Service; (ii) lease, rent, distribute or resell the Service; (iii) use the Service as the basis for building a competing product; or (iv) use the Service in breach of any applicable law.
2.4 The School must not upload content that is unlawful, fraudulent, defamatory, abusive, virus-containing, sexist, racist or pornographic. WorkX reserves the right to remove such content and suspend access.
2.5 WorkX will make reasonable efforts to keep the Service available 24/7 except for planned maintenance or circumstances beyond our reasonable control, including acts of God, government action, natural disasters, ISP failures or DDoS attacks.
3.1 WorkX complies with the New Zealand Privacy Act 2020. The WorkX Privacy Policy at workx.co.nz/privacy sets out how personal data is collected, stored and used.
3.2 All school and student data is stored securely on New Zealand-based servers, encrypted in transit and at rest using industry-standard protocols.
3.3 All school and student data remains the property of the School and will never be shared with third parties or used for any purpose other than providing the Service.
3.4 In the event of a data breach, WorkX will notify the School within 72 hours and immediately take remedial action consistent with industry standards.
3.5 WorkX is liable for data processing failures only where WorkX has not complied with its obligations or has acted against lawful instructions from the School.
3.6 The School is responsible for the security of access to the platform through its own network, devices and home or public networks used by its staff and students.
3.7 Schools using the optional KAMAR data sync must complete a separate KAMAR Data Processing MoU prior to enabling the sync.
4.1 All prices exclude GST, which will be added to invoices.
4.2 Annual subscriptions are invoiced in the first month of the agreement period and are due within 30 days via internet banking.
4.3 Annual subscriptions renew automatically unless terminated in writing in accordance with clause 8.
4.4 Subscriptions cover unlimited users within the School and are not applicable to users outside the School.
4.5 If payment is not received within 30 days of the invoice date, WorkX may suspend access until outstanding invoices are paid.
4.6 WorkX may annually adjust subscription pricing to reflect increasing operating costs. Price adjustments will be communicated in writing and will not apply to periods already paid for.
5.1 WorkX owns all rights, title and interests in the Service, including all intellectual property rights. These rights are protected under New Zealand law.
5.2 WorkX retains all rights in the Service and any enhancements or modifications, regardless of any input or inspiration provided by the School.
5.3 The School retains all rights to data uploaded to the Service by the School or its Users. WorkX has no rights or interests in the School's personally identifiable information.
5.4 WorkX may collect and use anonymised performance and transactional data for internal business purposes, provided this does not reveal personally identifiable information.
6.1 The School accepts that WorkX does not control HR practices or decisions. The School assumes full responsibility for all decisions made using the Service.
6.2 The School is responsible for monitoring its compliance with all applicable privacy laws when using the Service.
6.3 The School will be responsible for the actions of its students using the Service and will indemnify WorkX from any claims arising from unlawful use of the Service by the School or its students.
6.4 If any obligation of this Agreement is violated, WorkX may — after issuing a warning — restrict access until the violation is remedied.
7.1 WorkX is liable for damages only where caused by: (i) gross negligence, malicious intent or deception; or (ii) breach of fundamental contract obligations. Liability for simple negligence is limited to foreseeable loss.
7.2 WorkX is not liable for damages or loss resulting from intentional or unintentional misuse of the Service by the School or its Users.
7.3 Liability under the Consumer Guarantees Act and Fair Trading Act remains unaffected.
8.1 These T&Cs take effect on the date the Service Agreement is signed and apply until all subscriptions have expired or been terminated.
8.2 The School may terminate the Agreement by written notice. Cancellations within one month of the agreement start date are eligible for a refund. Cancellations after this period are not eligible for a refund or credit unless agreed in writing.
8.3 WorkX may terminate or suspend access without liability if the School has violated these T&Cs and has not remedied the violation within 30 days of written notice.
8.4 All notices of termination must be delivered in writing (including email) to be effective.
8.5 Upon termination, WorkX will retain the School's data for 30 days before permanent deletion, during which time the School may request an export.
9.1 The School agrees that WorkX may reference the School's name and logo in marketing materials while the Agreement is in effect.
9.2 WorkX will not use the School's personal data or its Users' personal data in any advertising or promotional material.
10.1 Neither party may assign rights or obligations under these T&Cs without prior written consent of the other party.
10.2 Any disputes that cannot be resolved amicably will be settled by mediation, arbitration or the courts of New Zealand.
10.3 If any provision of these T&Cs is found invalid or unenforceable, the remaining provisions continue in full force. The invalid provision will be replaced with the nearest valid equivalent.
10.4 These T&Cs, together with the Service Agreement, comprise the entire agreement between the parties and supersede all prior representations and agreements.