Terms and Conditions – The Gain Line


Legal Restrictions and Terms of Use Applicable to (Site) Use of this Site and all content, information and materials accessed or otherwise made available to you through this Site including, without limitation, all literacy, numeracy and other educational materials and any software (“Materials”) signifies your agreement to the Terms of Use.


By using this Site and the Materials, you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site or the Materials.
The following legal restrictions and Terms of Use apply to this Site and any other site and materials owned and/or operated by or on behalf of The Gain Line that states that it is governed by these Terms of Use and/or links to these Terms of Use.


When you choose to create a subscription from the Site you agree to provide only true, accurate, current and complete information. All personal information you supply will be subject to the privacy policy of The Gain Line as separately included on this Site. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any username and/or password that may be assigned to or selected by you so that others may not access any members-only or password-protected portions of the Site using your subscription and/or identity. You agree to immediately notify The Gain Line of any unauthorized use of your login name or any other breach of security known to you. You will not create more than one account. If The Gain Line disables your account, you will not create another one without the prior written consent of The Gain Line.
Parent users are limited to three users per subscription. Non-payment of renewal invoices will also incur subscription cancellation. The Gain Line reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of the Site for any reason.


The Materials are owned by The Gain Line (unless otherwise indicated) and are protected under intellectual property laws including, without limitation, pursuant copyright and trade mark laws. In consideration of your payment for your subscription, you are granted a personal, non-transferable, limited right to use the Materials in accordance with your subscription for private, non-commercial use for educational purposes and not for any other purpose. No Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the Materials or use of the Materials for any other purpose is a violation of The Gain Line’s intellectual property rights and these Terms of Use. For purposes of these Terms of Use, the use of any such Material on any other website or networked computer environment is prohibited.
In the event you download software from the Site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the “Software”) is licensed to you by The Gain Line and is deemed to be part of the Materials. The Gain Line does not transfer title of the Materials to you. As between you and The Gain Line, The Gain Lineretains full and complete right, title, and interest in and to the Materials and all intellectual property rights therein (including all modifications, enhancements and developments howsoever created). You may not redistribute, sell, decompile, reverse-engineer or disassemble the Materials.
You will not challenge the validity of the whole or any part of the intellectual property in or relating to the Materials or do anything which impairs the rights of The Gain Line in or to the Materials or which prejudices, dilutes or reduces the commercial value, reputation or goodwill of or in any of the Materials.
You hereby grant The Gain Line and its agents and licensees a worldwide, royalty-free, fully paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt and sub-license, any material you upload to, distribute through or post on the Site, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.


Derogatory, harmful or unlawful conduct is not permitted on the Site. Users are not permitted to upload to, distribute through, or otherwise publish through the Site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on the Site. Unauthorized collection and/or use of email addresses via the Site is also not allowed. The Gain Line is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of the Site. You acknowledge that The Gain Line may or may not pre-screen and/or monitor content posted on the Site and that The Gain Line shall have the right to remove, edit, move or close, in whole or in part, any feature on the Site at any time for any reason, in The Gain Line’s sole discretion. You hereby agree to comply with all laws that apply or may apply to your use of activities on the Site and any rules for conduct on the Site or use of specific features and/or services offered thereon that may be posted on the Site, whether in these Terms of Use or otherwise, from time to time.


The Gain Line may add, change, discontinue, remove or suspend any portion of the Site or Materials at any time, without notice.


The agreement under these Terms of Use is effective until the end of the relevant subscription period unless terminated earlier by either party. You may terminate your subscription at any time by destroying all copies of all materials obtained from The Gain Line (including all Materials from the Site) and all related documentation and all copies and installments thereof whether made under these Terms of Use or otherwise. Your subscription will terminate immediately without notice from The Gain Line, if in The Gain Line’s sole discretion you fail to comply with any term or provision of these Terms of Use, if you are a repeat infringer of any third party’s rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all Materials obtained from the Site and all copies thereof, whether made under these Terms of Use or otherwise. Any termination shall not affect those provisions intended to or capable or surviving termination and shall be without prejudice to The Gain Line’s rights and remedies accruing prior to termination.


The Gain Line makes no representations or warranties with respect to the Site or Materials, which are provided for use “as is” and “as available.” The Gain Line disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to the Site (and any website with which it is linked) and the Materials. To the maximum extent permitted by law The Gain Line does not warrant the functions, information or links contained on the Site or that its contents (including the Materials) will meet your requirements, that the Site or its contents (including the Materials) are fit for any particular purpose or that the operation of the Site or its contents (including the Materials), will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses, worms, trojan horses, cancelbots or other harmful components. To the maximum extent permitted by law The Gain Line does not warrant or make any representations regarding the use or the results of the use of the Materials in terms of their correctness, accuracy, reliability, or otherwise. You (and not The Gain Line) assume the entire cost of all necessary servicing, repair or correction. To the maximum extent permitted by law, under no circumstances, including, but not limited to, negligence, shall The Gain Line be liable for any special, incidental or consequential loss or damages or any loss of data, loss of information, loss of access, loss of revenue or loss of opportunity (whether direct or indirect) that result from the use of, or the inability to use, the Site or Materials even if The Gain Line has been advised of the possibility of such damages or loss. In no event shall The Gain Line’s total liability to you for all damages, losses and causes of action (whether in contract, or not (including, but not limited to, negligence) or otherwise) exceed the amount paid by you for accessing the Site under your subscription.


By using the Site, you agree to indemnify, defend and hold harmless The Gain Line from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any law, rule or regulation; (2) a claim that is based on your use of any content (including the Materials) on the Site; or (3) any material uploaded by you or through your computer to the Site or otherwise sent by you to The Gain Line. You will cooperate as fully and reasonably as required by The Gain Line in the defense of any claim. The Gain Line reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of The Gain Line.


The Gain Line shall not be liable for a failure or delay in performance in connection with the Site or the Materials where such failure or delay is caused by Act of God (such as fire, flood or earthquake), state of emergency, war, Act of Parliament, governmental or regional or local authority restraint, legislation or bylaw, strike, industrial action, lockout, difficulty in procuring components or materials, technical difficulties or interference, equipment malfunction, shortage of labour, lack of skilled labour, delays in transit, failure or delays by suppliers or subcontractors, failure, delay or inability to obtain any necessary authorisation, legislative, departmental or other prohibition or restrictions, legal action, injunction or threat or reasonably anticipated threat of injunction or other legal action by any person or other causes whatsoever (whether similar in nature or not to the foregoing) beyond our reasonable control.
The Gain Line may assign its rights and obligations under these Terms of Use to any party or sub-contract the supply of the whole or any part of the Site or Materials. Your rights are personal to you and you may not assign, sub-license or sub-contract your rights and obligations without our prior written consent.
These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand. You and The Gain Line each agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.