Terms of Use and Privacy

Effective Date: 06/06/2025

These Terms of Use and Privacy Policy ("Terms") govern your access to and use of the Nexties platform ("Nexties", "we", "our", or "us") operated by Liven Labs Limited, including our website, mobile applications, and any related services (collectively, the "Platform"). By creating an account, enrolling in or offering courses, or otherwise accessing or using the Platform, you agree to be bound by these Terms.

1. Scope of Agreement

These Terms apply to all users of the Platform, including:

  • Students who browse, enrol in, or complete courses.
  • Course Providers, including those participating as Enrol Partners and Learn Partners.

By using the Platform, you also agree to our Privacy Policy contained herein.

If you are a Course Provider, additional terms may apply as set out in your Partner Agreement. In the event of a conflict between these Terms and the Partner Agreement, the Partner Agreement will prevail.

2. Platform Overview

Nexties enables users to discover, enrol in, and learn from short courses offered by third-party Course Providers. Nexties facilitates enrolments, processes payments, and provides tools for managing courses and users. Nexties does not grant academic credit or offer certification unless explicitly stated.

3. Account Registration and Use

You must:

  • Be at least 12 years old.
  • Provide accurate and current information.
  • Use the Platform for lawful, personal or authorised educational purposes.

If you are under the age of 18, you must have parental or guardian consent to use the Platform. We recommend that parents and guardians monitor use of the Platform by minors to ensure a safe and supportive learning environment.

You are responsible for maintaining the confidentiality of your login credentials. If you suspect unauthorised use of your account, notify us immediately.

We reserve the right to suspend or terminate accounts for violations of these Terms.

4. Account Responsibility and Unauthorised Use

You are solely responsible for all activity occurring through your account. You must:

  • Keep your login credentials confidential;
  • Use a secure password and update it periodically;
  • Notify us immediately of any suspected unauthorised access or use.

If we discover account sharing or misuse, we may suspend or permanently disable your access.

5. Use of Platform and Content

You agree not to:

  • Use the Platform for unlawful, harmful, or abusive purposes;
  • Harass, exploit, or intimidate other users;
  • Disrupt access to the Platform or introduce malware;
  • Reproduce or distribute Platform content without permission;
  • Circumvent security features or scrape content.

We are a learner-centric and safety-first platform. We do not tolerate any misuse, harassment, or inappropriate behaviour on the Platform. Reports of misconduct can be submitted to [support@nexties.io] and will be investigated thoroughly. Users found in breach may be suspended or banned.

You are granted a limited, non-exclusive, non-transferable license to use the Platform to access and participate in courses for personal or authorised educational purposes.

6. Course Enrolment

Course Providers offer courses through the Platform under various partnership models which may include hosted or managed delivery. Nexties facilitates enrolment and payment processing, while Course Providers are responsible for course content, eligibility criteria, and learner support.

Nexties acts as the facilitator of transactions. Refunds, eligibility, course content, and learner support are managed by the Course Provider.

7. Fees, Payments, and Refunds

Course fees are payable at enrolment. Payments are processed via third-party providers (e.g., Stripe). If you wish to request a refund, you must contact us by email at support@nexties.io within 7 days of your payment. Refund requests will be reviewed manually and, if approved, any third-party processing fees may be deducted from the refunded amount.

Refund eligibility is determined by the Course Provider and outlined in the enrolment interface. Courses may be removed from your dashboard upon refund.

8. Privacy Policy

We collect and process personal information in accordance with this policy:

  • What we collect: name, contact details, course interactions, payment information.
  • How we use it: to provide services, personalise content, communicate with users, and for analytics.
  • Sharing: with Course Providers for course delivery and support; with third-party service providers for payment and hosting.
  • Your rights: to access, correct, or delete your data, subject to legal obligations.

Special attention is given to safeguarding minors. Personal data of users under 18 is treated with extra care and is never shared with third parties for marketing purposes.

Use of Cookies and Tracking Technologies

We use cookies and similar technologies to improve your experience on the Platform, understand how users interact with our services, and personalise content. These may include session cookies, analytics tools, and third-party tracking technologies (e.g., Google Analytics).

By using the Platform, you consent to our use of these technologies. You can control cookie preferences through your browser settings. Some features of the Platform may not function properly without cookies.

We do not use cookies to collect sensitive personal information or share identifiable data with third parties for advertising purposes.

By using the Platform, you consent to the collection, use, and sharing of your personal information as described.

9. Intellectual Property

All Platform content, design, and technology are owned by Liven Labs Limited or licensed to us. Course content is owned by the respective Course Provider.

You may not use, reproduce, or distribute any materials from the Platform or a course except as expressly permitted.

10. User-Generated Content

You retain ownership of content you submit but grant Nexties and the relevant Course Provider a license to use it for delivery and improvement of the course. You are responsible for ensuring you have rights to share all content submitted.

11. Feedback and Suggestions

We welcome your feedback and suggestions to improve the Platform. By submitting feedback, you grant us a non-exclusive, royalty-free license to use and share it for any purpose without any obligation to compensate you. To the extent permitted by law, you waive any moral rights in such content.

12. Third-Party Content and Links

We are not responsible for the content or practices of third-party sites or providers linked from the Platform.

13. Termination

You may close your account at any time by contacting support. We may suspend or terminate your access if you breach these Terms. We will take reasonable steps to allow you to complete enrolled courses where feasible.

14. Anti-Terrorism and Fraud

You warrant that you are not on any list of designated terrorists or prohibited persons under New Zealand law. If you are under investigation or convicted of fraud or serious criminal activity that could bring the Platform or our partners into disrepute, you must inform us immediately. We reserve the right to terminate your access immediately under such circumstances.

15. Indemnity

You agree to indemnify Liven Labs Limited (Nexties) and hold us harmless from any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of:

  • Your breach of these Terms;
  • Any unauthorised use of your account;
  • Your content infringing third-party rights;
  • Your misuse of the Platform or course content.

16. Disclaimers and Limitation of Liability

The Platform is provided "as is." We do not guarantee uninterrupted or error-free service. To the extent permitted by law, we disclaim liability for any loss or damage arising from your use of the Platform or reliance on course content.

17. Assignment

We may assign or transfer our rights and obligations under these Terms without notice. You may not assign or transfer your rights under these Terms without our prior written consent.

18. Changes to the Terms

We may revise these Terms from time to time. Updates will be indicated by a revised effective date. Continued use after changes means you accept the revised Terms.

19. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes will be subject to the exclusive jurisdiction of New Zealand courts.

20. Contact

Questions or feedback? Contact us at support@nexties.io.