By downloading any resources from The Resource Cupboard (whether free or by subscription), you agree to the following:
Last revised on 30th April 2024
These user terms and conditions ("Terms and Conditions") may be updated by Us from time to time without notice to You. We will post any revisions to these Terms and Conditions on this page and We will also indicate at the top of this page the date that these Terms and Conditions were last revised.
By browsing and using www.theresourcecupboard.co.nz (the 'Website' which shall include the placing of orders and subscriptions), You are agreeing to comply with and be bound by the following Terms and Conditions of use which govern the relationship between You and Kete Ngaruru Ltd / The Resource Cupboard.
Your use of the service or this Website after any revisions have been made constitutes Your acceptance of the new Terms and Conditions. If You do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or this Website. It is Your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to consider such changes.
You should print a copy of these Terms and Conditions for future reference and You should also regularly revisit the Terms and Conditions on the Website for purposes of noting whether or not revisions have been made.
1.1 The Resource Cupboard is the trading name of Kete Ngaruru Ltd of 169 High Street, Waimate, New Zealand. Kete Ngaruru Ltd is a registered Limited Company in Aotearoa New Zealand.
1.2 The term "The Resource Cupboard", "We" and "Us" shall mean Kete Ngaruru Ltd / The Resource Cupboard, the owner of this Website. The term "You", "Yourself" and "Your" refers to the user or viewer of this Website.
1.3 Kete Ngaruru Ltd / The Resource Cupboard is the Data Controller within the definition of the General Data Protection Regulation (GDPR).
2.1 Kete Ngaruru Ltd / The Resource Cupboard is a provider of high quality teaching resources - we call this the 'Service'. Our resources are primarily distributed through the Website.
2.2 Kete Ngaruru Ltd / The Resource Cupboard sells physical products and we call this the 'Product Service' which is made available through the Website.
2.3 Kete Ngaruru Ltd / The Resource Cupboard provides a range of resource membership services upon payment of a fee as specified on the Website or chargeable in some other way may be purchased. We call this the "Membership Service".
2.4 We reserve the right to change pricing and or availability in respect of any of the services in this clause for any reason and without notice.
2.5 Kete Ngaruru Ltd / The Resource Cupboard is not responsible for non-delivery or technical limitations of the end user for any reason in respect of any of the services in this clause. You are strongly advised to read our help and support FAQ.
3.1 Certain aspects of the Services may require You to register and provide information about Yourself. You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the relevant registration form contained on the Website (such information being the Registration Data) and (b) maintain and promptly update the Registration Data (by emailing Us) to keep it true, accurate, current and complete and We shall not be liable for any loss suffered by Your non-compl...
3.2 Your privacy is incredibly important to us. You can find additional information in our Privacy Policy.
3.3 The registration processes will involve You providing a password and We shall provide You with a designated account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Kete Ngaruru Ltd / The Resource Cupboard of any unauthorised use of Your password or account and any other breach of security and (b) ensure that You exit from Your account ...
3.4 Your member account is strictly for your personal use only and you may not use your account to download and print for anyone else. Kete Ngaruru Ltd / The Resource Cupboard does not allow volume printing arrangements unless specifically agreed in writing (these will be individually negotiated).
3.5 Your member account is subject to an acceptable use policy in accordance with the Terms and Conditions. We will monitor and may temporarily restrict accounts which have high download volumes. If your account is subject to investigation due to high downloads under our acceptable use policy you may contact us to request reactivation of your account. If we consider that your use of the member account is in breach of our Terms and Conditions we may terminate the agreement in accordance with clause...
3.6 All resources available on the Website are digital products and downloadable via digital download only unless otherwise specified. No physical products are shipped for digital resources.
3.7 Downloads of digital resources are made available directly from the Website to signed-in members and are made subject to these terms and conditions.
4.1 You agree to indemnify, defend and hold Kete Ngaruru Ltd / The Resource Cupboard and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation, or the rights of any third parties related to the use of the Content, our Website, Service and tools. This indemnity inclu...
5.1 The Website is designed to be compliant with the applicable laws and regulations of New Zealand. Due to the global nature of the Internet, users from all over the world will have access to the Website, however, if you are resident in a country outside of these areas you use the Website at your own risk.
6.1 If you object to the publication of any material placed in any area of the Website please let us know by emailing us at info@theresourcecupboard.co.nz with details of the resource. This is the fastest way to notify us and will provide to us a direct link to the post/message in question.
6.2 If you object to anything on the Website please let us know by sending an email to info@theresourcecupboard.co.nz and we will take whatever action we deem appropriate.
6.3 Kete Ngaruru Ltd / The Resource Cupboard will always immediately correct content where mistakes are found but We do not guarantee the accuracy of any content provided and it is for You to verify and be satisfied with the material you download. Kete Ngaruru Ltd / The Resource Cupboard provides and information service and You accept that We take no responsibility for the way You use the information you download.
7.1 You acknowledge that Kete Ngaruru Ltd / The Resource Cupboard may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message postings or other uploaded Content will be retained by the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
7.2 You agree that Kete Ngaruru Ltd / The Resource Cupboard has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
7.3 You acknowledge that Kete Ngaruru Ltd / The Resource Cupboard reserves the right to de-activate accounts that are inactive for an extended period of time.
7.4 You acknowledge that Kete Ngaruru Ltd / The Resource Cupboard reserves the right to change these general practices and limits at any time in its sole discretion with or without notice.
7.5 You agree to using your usage data to provide rewards and incentives either randomly or as part of a programme and you agree to us publicly publishing your success in achieving these rewards or incentives.
7.6 Any rewards or incentives are provided at Kete Ngaruru Ltd / The Resource Cupboard's discretion and may be added, removed or cancelled at any time for any reason at Kete Ngaruru Ltd / The Resource Cupboard's sole and absolute discretion.
7.7 Any reward or incentive programmes are provided at Kete Ngaruru Ltd / The Resource Cupboard's discretion and may be added, removed or cancelled at any time for any reason at Kete Ngaruru Ltd / The Resource Cupboard's sole and absolute discretion.
7.8 Where your access to the Service is granted under a School Membership account you agree that we may share your usage data (which shall include your downloads and login data) with the school or organisation that manages the relevant School Membership account. This is normally done by providing the information to the Account Administrator of the relevant School Membership account.
8.1 Kete Ngaruru Ltd / The Resource Cupboard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
8.2 You agree that Kete Ngaruru Ltd / The Resource Cupboard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9.1 You agree that Kete Ngaruru Ltd / The Resource Cupboard, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Website and/or the Service or any part of it, or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including without limitation for lack of use or if Kete Ngaruru Ltd / The Reso...
9.2 Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not Kete Ngaruru Ltd / The Resource Cupboard's only remedy and Kete Ngaruru Ltd / The Resource Cupboard may take any other action we reasonably deem appropriate in connection with such breach.
10.1 Your dealings with advertisers, merchants and any other third party found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
10.2 To the fullest extent permitted by applicable law, you agree that: (a) Kete Ngaruru Ltd / The Resource Cupboard shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service or the Website; and (b) any orders placed by you on and any product specifications and product availability appearing on the Service or the Website are subject to confirmation by and are su...
11.1 The Service may provide, or third parties may provide, links to other websites or resources. As The Resource Cupboard has no control over these sites and resources, you acknowledge and agree that Kete Ngaruru Ltd / The Resource Cupboard is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
11.2 You acknowledge and agree that Kete Ngaruru Ltd / The Resource Cupboard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12.1 All articles, information and other materials presented on the Website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to Kete Ngaruru Ltd / The Resource Cupboard. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this Website or any resources therein without The Resource Cupboard written consent. You acknowledge that by making use...
13.1 You expressly acknowledge and agree that:
13.1.1 The content of the pages of the Website is for your general information and use only. It is subject to change without notice.
13.1.2 Your use of the Service is at your sole risk. Kete Ngaruru Ltd / The Resource Cupboard has made every effort to ensure that the Content on the Website and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Website and the Service are provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, comple...
13.1.3 Neither Kete Ngaruru Ltd / The Resource Cupboard nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any ...
13.1.4 Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
13.1.5 From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Kete Ngaruru Ltd / The Resource Cupboard endorses the website(s) and Kete Ngaruru Ltd / The Resource Cupboard has no responsibility for the content of the linked website(s).
13.1.6 The Content on the Website and made available through the Service is for general information only and is not intended to nor does it constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information Content of the Website and Service do not address your particular circumstances and accordi...
13.1.7 Kete Ngaruru Ltd / The Resource Cupboard is not responsible for how the Content on the Website or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website or available through the Service. It shall be your own responsibility to ensure that a...
13.1.8 Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
13.1.9 No advice or information, whether oral or written, obtained by you from The Resource Cupboard shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
14.1 Kete Ngaruru Ltd / The Resource Cupboard has an excellent record of uptime and availability of the Website. We do not, however, guarantee that the Website will operate continuously without interruptions or be error free and Kete Ngaruru Ltd / The Resource Cupboard therefore accepts no liability for its unavailability.
14.2 You must not attempt to interfere with the proper working of the Website and in particular you must not attempt to circumvent security, tamper with, hack into or otherwise disrupt any computer system, server, Website, router or any other internet connection device.
15.1 Kete Ngaruru Ltd / The Resource Cupboard's liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Website and/or any Service shall be limited the greater of: (a) £150 and (b) the price paid by you to Kete Ngaruru Ltd / The Resource Cupboard under any Contract during the 3 months preceding the event giving rise to the claim.
15.2 You expressly acknowledge and agree that Kete Ngaruru Ltd / The Resource Cupboard shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits, revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses, even if Kete Ngaruru Ltd / The Resource Cupboard has been advised of the possibility of such damage.
15.3 Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence Kete Ngaruru Ltd / The Resource Cupboard.
16.1 Kete Ngaruru Ltd / The Resource Cupboard will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms and Conditions or any Contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.1.1 Strikes, lock-outs or other industrial action.
16.1.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.1.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.1.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.1.5 Impossibility of the use of public or private telecommunications networks.
16.1.6 The acts, decrees, legislation, regulations or restrictions of any government.
16.1.7 Viruses and cyber attacks
16.1.8 Power or other failure affecting any part of our servers, premises or any other part of our service
16.2 Kete Ngaruru Ltd / The Resource Cupboard's performance under any Terms and Conditions or any Contract is deemed to be suspended for the period that the Force Majeure Event continues and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any Contract may be performed despite the Force Majeure Event.
17.1 The Resource Cupboard Membership Service is subject to these Terms and Conditions and in an addition the following conditions shall apply to this service:
17.1.1 Kete Ngaruru Ltd / The Resource Cupboard makes available the Membership Service by way of a subscription to You upon payment of a fee as specified from time to time on the Website.
17.1.2 In accordance with the general Terms and Conditions Your user and account username and password will not be shared with anyone.
17.1.3 In accordance with our Copyright Terms You will not redistribute any resources downloaded through the Membership Service and You understand that any resources You download from the Website, whether through the Membership Service or otherwise, are for Your personal use only.
17.1.4 You have explicitly read and agree to abide by the Kete Ngaruru Ltd / The Resource Cupboard Copyright Terms.
17.1.5 You understand and agree to the Membership Service Acceptable Use Policy as detailed in clause 20.
17.1.6 You agree that a breach of any of the general Terms and Conditions will lead to Your access to the Membership Service being immediately suspended. It is at Kete Ngaruru Ltd / The Resource Cupboard's absolute discretion as to whether Your account will be reinstated.
17.1.7 You understand and agree that We will monitor Your usage of the Service to allow us to determine whether a violation has or is occurring.
17.1.8 A subscription to the Membership Service can only be purchased directly from Kete Ngaruru Ltd / The Resource Cupboard by (1) paying an agreed monthly subscription fee; ("Monthly Subscriptions") or (2) pre-payment giving You access to The Resource Cupboard Membership Service for a specific time period ("Pre-Paid Subscriptions"). The Resource Cupboard retains the absolute right at their complete discretion to offer Monthly Subscriptions in certain countries for certain periods of time or Pre-Paid...
17.1.9 When You register for the The Resource Cupboard Membership Service You consent to get access to Kete Ngaruru Ltd / The Resource Cupboard Membership Service immediately.
17.1.10 If you change your mind about the Membership Service you may cancel your order for access to it within 14 days from the date of your purchase and receive a full refund. To do this you must contact us at info@theresourcecupboard.co.nz. However, if you have started to download any resources using the Membership Service you waive your right to cancel the order and you will not receive a full or partial refund for your order.
17.1.11 In relation to Monthly Subscriptions, You will be charged the rate stated at the time of purchase every month until You or We cancel it. Any download limits referred to at point of purchase will expire at the end of your current month's term of membership. The limit will refresh when the next payment is made. Any limits implied bear no influence on the terms of our Acceptable Use Policy as detailed in Clause 20.
17.1.12 In relation to a Pre-Paid (Annual) Subscription, You will be charged at the time of purchase the equivalent monthly rate stated at the time of purchase multiplied by 12 (the 'Minimum Term'). At the end of the Minimum Term Your Membership Service contract will at our sole and absolute discretion either renew automatically for another 12 months until You or We cancel it or it will not automatically renew and Your access to the Membership Service will cease until You take the actions prescribed ...
17.1.13 Kete Ngaruru Ltd / The Resource Cupboard may change the price for the Monthly Subscriptions and Pre-Paid Subscriptions and we will communicate this change to you either at renewal or in respect of Monthly Subscriptions at the point the new price is in use.
17.1.14 For your safety credit/debit card details are not stored nor shared with third parties. Payment transactions are processed via PayPal, Stripe or other secure third party payment providers and You are encouraged to read the terms and conditions for any financial transactions with either of these companies. In short we value your safety as highly as we would our own.
17.1.15 As per Clause 14.2 You acknowledge that all content remains the property of The Resource Cupboard at all times. You also understand that your purchasing of a Kete Ngaruru Ltd / The Resource Cupboard Membership package constitutes a licence for the use of The Resource Cupboard material for the duration of the subscription only.
17.1.16 Any resources downloaded may not be shared or otherwise hosted on any networked system. Resources are for the single and sole use of the person downloading them and any replication or sharing of resources (without written permission of the CEO) will result in The Resource Cupboard Ltd taking action to protect its rights under the licence stipulated in 19.1.15.
18.1 The Membership Service is designed to allow individual users to download additional teaching resources for their own needs. Collectively, the Kete Ngaruru Ltd / The Resource Cupboard resource collection has taken many years to create.
18.2 The Membership Service is subject to an acceptable use policy and user accounts are monitored. Kete Ngaruru Ltd / The Resource Cupboard will monitor your number of downloads, frequency of downloads, contents of downloads, your frequency of access, your location of access (IP address and device). Kete Ngaruru Ltd / The Resource Cupboard considers that no individual user would reasonably need to download large quantities of resources crossing an extensive range of age groups, topics and specialis...
18.3 The Membership Service allows the Kete Ngaruru Ltd / The Resource Cupboard community to support the hard work of the Kete Ngaruru Ltd / The Resource Cupboard staff in helping those who teach. As such, any violation of the terms of Clause 19 or 20.2 is taken seriously and the user's account may be suspended immediately to allow for further investigation. If we remain unsatisfied that your account is being used solely for your own needs we may suspend your membership indefinitely.
19.1 The Membership Service can also be purchased by way of gift voucher by arrangement. Please email info@theresourcecupboard.co.nz.
19.2 A gift voucher purchase is subject to the terms of clause 21.3 but additionally to all provisions of clause 19 (notably clause 19.1.8).
19.3 A gift voucher will be delivered to You electronically at the point of payment and must be used within one (1) year of the date and time of purchase. If it is not used within this time period it will expire and You will no longer be able to make use of it.
20.1 The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Kete Ngaruru Ltd / The Resource Cupboard or other third party licensors. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners including us.
20.2 Any material or information downloaded from this Website is subject to Copyright Terms. Except as stated in this clause, You may not modify, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner any material or information downloaded from this Website without prior written authorisation from a director of Kete Ngaruru Ltd / The Resource Cupboard. You may modif...
21.1 Unless otherwise expressly stated in these Terms and Conditions all notices from You to Us must be in writing and sent to our contact address at Kete Ngaruru Ltd / The Resource Cupboard, 169 High Street, Waimate, New Zealand 7924.
21.2 Notices from Us to You may be in writing or electronic format (to include both email and notice via the Website).
22.1 You must be over 18 to take out a subscription to the Membership Service.
22.2 An individual under 18 may use the website if they have the consent of their parent or guardian or their teacher if they are using the website in an educational context. By allowing an individual under 18 to use the website in any way, You agree to provide us on request with the required consent in a format to be determined by Us at our absolute discretion.
23.1 If any part of these Terms and Conditions is unenforceable (including any provision in which We exclude our liability to You), the enforceability of any other part of these conditions will not be affected.
You acknowledge and agree to be bound by the terms of our Privacy Policy.
25.1 These Terms and Conditions together with our current Website prices, delivery details, contact details and privacy policy set out the whole of our agreement relating to the supply of the Services to You by Us.
26.1 No delay or failure by Kete Ngaruru Ltd / The Resource Cupboard to exercise any of its powers, rights or remedies under this agreement shall operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.
27.1 The contract between us shall be governed by and interpreted in accordance with New Zealand law and the New Zealand courts shall have jurisdiction to resolve any disputes between us.
27.2 Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of New Zealand and You hereby consent to this jurisdiction.
28.1 Kete Ngaruru Ltd / The Resource Cupboard School Membership accounts are also subject to our terms and conditions outlined.