Terms of use

Last updated: 29 July 2025

These Terms of Use ("Terms") and our Privacy Policy 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"). Nexties operates the Platform but the Courses are provided to you directly by each Course Provider.

Course means an education or learning course offered to Students by a Course Provider and includes (without limitation): lectures, webinars, lessons, tutorials, research and study material, assessments, certificates, diplomas and other forms of confirmation of course completion.

We may at any time revise these Terms and will notify you of any changes by updating the “last updated” notice on this page. Your use of the Platform means that you accept and agree to these Terms and any changes. 

Scope of Agreement

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

  • Students who browse, enrol in, complete or otherwise access Courses;
  • Course Providers, any institution providing a Course via the Platform including the employees and/or contractors of the institution;

together the “user(s)”, “you”.

By creating an account, enrolling in or offering Courses, or otherwise accessing or using the Platform, you agree to be bound by the following:

  • these Terms;
  • our Privacy Policy;
  • the terms and conditions of the Course Provider and any other policies or requirements of the particular Course Provider (“Course Provider Terms”), if you enrol in and/or access a Course;

as updated from time to time.

You must comply with these Terms at all times. If you are a Student, before you access a Course you must accept the Course Provider Terms and comply with those. If you do not agree to these Terms and/or the Course Provider Terms you must immediately stop using the Platform and may not enrol, access, or provide any course.

If a Student enrols in and/or accesses a Course and there is any inconsistency between these Terms and the Course Provider Terms, the Student’s obligations to Nexties under these Terms will have priority.

Additional terms may apply to Course Providers as set out in their Partner Agreement with us. In the event of a conflict between these Terms and the Partner Agreement, the Partner Agreement will prevail.

Platform Overview

Nexties enables Students to discover, enrol in, and learn from Courses offered by Course Providers. Nexties role is to facilitate Student enrolments, processes payments, and provides tools for managing Students and their interaction with Courses.

The Course Provider is responsible for how they run their Course.

Account Registration and Use

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

Each Student must:

  • Be at least 18 years old;
  • If you are under the age of 18, you must only use the Platform if you have the consent of your parent(s) or guardian(s) provided they are over the age of 18 and accept these Terms on your behalf.
  • Register with us and create an online account in order to access Course(s) via the Platform;
  • Provide accurate, complete and current information;
  • Advise us as soon as practicable if any information provided changes or is incomplete;
  • Be capable of agreeing to, or capable of obtaining parental or guardian consent to agree to these Terms;
  • Not already have an account (Nexties permits one account per user);
  • Use a secure password and update it periodically;
  • Keep your login details confidential and not provide any other person access to your account;
  • Use the Platform and your account for lawful, personal or authorised educational purposes only;
  • Notify us immediately of any suspected unauthorised access or use.

If a Student is under the age of 18, we recommend that parents and guardians monitor use of the Platform by minors to ensure a safe and supportive learning environment.

Each Course Provider must:

  • Register with us and create an online account;
  • Provide accurate, complete and current information;
  • Use a secure password and update it periodically;
  • Keep your login details confidential and not provide any other person access to your account;
  • Use the Platform and your account for lawful, personal or authorised educational purposes only;
  • Not already have an account;
  • Notify us immediately of any suspected unauthorised access or use.

Use of platform and content

The Student and Course Provider acknowledge and agree that they are contracting directly with each other for the provision of the Course, subject to these Terms, ourPrivacy Policy, (and the Course Provider Terms if a Course is enrolled into and/or accessed by the Student).

The Course Provider will determine its own eligibility, Course content, completion requirements and any fees and may provide technical and learning support to the Student when contacted directly.

If a Student does not meet the criteria or other requirements of a Course Provider, the Student accepts that the Course Provider does not have to accept their application to enrol in and/or access the Course through the Platform.  

All Courses and their content are the sole responsibility of the Course Provider and Nexties has no liability for the content, accuracy, or quality of the content.

The Student and Course Provider agree not to:

  • Use the Platform for unlawful, harmful, fraudulent, 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;
  • Take any action which may disrupt access to, cause damage to, modify, or interfere with the proper operation of the Platform and its associated software, hardware and data, including any action that may result in the introduction of any viruses, Trojan-horse type programs, malware or anything else malicious or technologically harmful;
  • Copy, reproduce, alter, modify, sell, resell, or display in public, any content or data related to a Course, except with the prior consent of the Course Provider;
  • Access the Platform through any technology other than the software provided by us or enabled via APIs or widely available third party web browsers;
  • Circumvent, disable or otherwise interfere with any security features of the Platform;
  • Use the Platform for any commercial use or for the benefit of a third party, including for example soliciting business, or the sale of access to content;
  • Post, upload, email or transmit any unsolicited advertising or promotional materials, survey, study, junk mail, circulars, spamming or spimming, incentives or bulk communications of any kind, whether or not for commercial purposes;  
  • Infringe the intellectual property rights of Nexties, Course Providers or any other person;
  • Violate or breach the privacy rights of a Student or individual associated with Nexties or a Course Provider;
  • Engage in any conduct that causes damage to, adversely affects, brings into disrepute, scandalises or ridicules the good name, reputation or image of Nexties or Course Providers, or is likely to do so;
  • Use the Platform other than as specifically permitted by these Terms.

We are a Student-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 info@nexties.co and will be investigated thoroughly. Users found in breach may be suspended or banned.

Licence

Subject to your compliance with these Terms and the Course Provider Terms, we grant Students a limited, non-exclusive, non-transferable, non-sublicensable right to use the Platform to access Courses for their own personal or authorised educational purposes.

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 fee refunds, Course content and delivery, eligibility criteria, enrolment processes and Student support.

Operation of Platform

We will provide the Platform with reasonable care and skill, however due to the nature of the services and how they are delivered and accessed, we cannot promise that the Platform, Course(s), or access to any of them or any part of them will: 

  • Operate on a continuous or fault-free basis;
  • Be completely secure or private; or
  • Be free of viruses or other harmful features.

Fees, Payments, and Refunds

Course enrolment fees and when they will be payable by, will be set by the Course Provider. Depending on the Course selected, fees charged may vary and will be subject to currency conversion rates for payments made in currencies other than New Zealand Dollars.

All payments must be made by the due date notified to you by the Course Provider. If any amounts are not paid by the due date the Course Provider may restrict your entitlement to participate in and access the relevant Course and/or cancel your enrolment in the Course. If your enrolment and/or access is not revoked, you agree to pay any late fees and/or penalties. Payments are processed via third-party providers (e.g. Stripe) and those third-party providers may deduct a fee.

If you wish to request a refund, you must contact us by email at info@nexties.co within 7 days of your payment. Refund requests will be reviewed manually and, if approved by us and the Course Provider, third-party processing fees may be deducted from the refunded amount. Refund eligibility is determined by the Course Provider and outlined in their enrolment policy. Courses may be removed from your dashboard if you withdraw from the Course(s).

Intellectual Property

All Platform content, design, and technology (other than content provided by a Course Provider), are owned by or licensed to Liven Labs Limited.

All Course content and materials are either owned by or licensed to the respective Course Provider, in accordance with the Course Provider’s own policies.

The Student does not have and will not obtain any intellectual property rights in or to the Platform, or in any improvements or variations that may be made to it as a result of any content the Student produces for the purposes of a Course or any other material or feedback they provide.

Unless we or the Course Provider give them prior written permission, the Student will only use the Course content for the purposes of completing the Course through the Platform and will not copy, reproduce, adapt, distribute or incorporate Course content for any other purpose.

Any content the Student creates or submit through the Platform must be their own work and that, to the extent the content contains personal information of a third party, or is subject to any intellectual property rights, obligations of confidence or other rights of a third party, the Student has the necessary consents, authorisations and approvals from those third parties.

Unless otherwise agreed with the Student, we and the Course Provider will only use the Student’s content for the purposes of the Course and will not copy, reproduce, adapt, distribute or incorporate the Student’s content for any other purpose.

Unless we give you prior written permission you may not reproduce, adapt, copy, distribute or incorporate in any other work, in whole or in part, any trademark appearing on the Platform, including our logos or trademarks that appear on the Platform. Permission can be requested by contacting us at info@nexties.co.

Termination

You may stop using the Platform and/or terminate your account with us at any time by sending us an email at info@nexties.co. If you cancel your enrolment in a Course, the Course Provider will determine the refund (if any) that you are entitled to receive in respect of the Course; and .

We can suspend or terminate your access to the Platform at any time including if your conduct is in breach of these Terms and/or the Course Provider Terms. Where appropriate, we may give notice to you. However, there may be circumstances where we will suspend or terminate your access to the Platform and the Course Provider may suspend or terminate your access to a Course without prior notice to you. We will not be responsible for any loss you may suffer as a result of the suspension or termination of your access.

Anti-terrorism and Fraud

You warrant that you are not on any list of designated terrorists or prohibited persons under New Zealand law. You will immediately discontinue use of the Platform if you are placed on such list. If you have any link whatsoever with any such organisation or individual you must inform Nexties promptly and must take any remedial actions Nexties reasonably requires.  

If you are under investigation for fraud, or there has been a finding of fraud against you or convicted of fraud or other serious criminal activity that could bring the Platform or our partners into disrepute, or the nature of the conviction is incompatible with the objective(s) of these Terms, you must inform us immediately and discontinue use of the Platform. We reserve the right to terminate your access immediately under such circumstances.

Indemnity

We are entitled to charge you for, and you agree to pay, and you indemnify (and will keep indemnified) Nexties for all direct and indirect costs, losses, expenses, fees (including all legal costs) and damages, we incur resulting from:

  • Any access to or use of the Platform by you, or any person you have authorised to use your account, in a manner that is inconsistent with these Terms or is otherwise not appropriate; and any actions you may take as a result of the Platform;
  • Any other person who accesses or uses the Platform by using your account as a result of you failing to keep your account login details secure;  
  • The content you upload to the Platform infringing the rights of any third party;
  • Your use of the Platform, the Course, or content/work produced by Students in breach of the Terms, the Privacy Policy or any Course Provider Terms that may apply.

Limitation and Exclusion of Liability

Certain consumer protection and other laws may apply to the Platform or Course. These include guarantees that the service will be fit for purpose, completed within a reasonable time and for a reasonable price, and provided with reasonable care and skill. Except for these warranties or guarantees and any others that may be imposed by law that cannot be excluded, we make no further warranties or guarantees. Where we are able to exclude any warranties and guarantees, these are expressly excluded.  

The Platform is provided "as is." We do not guarantee uninterrupted or error-free service. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs through our Platform, we accept no liability for viruses or malicious programs.

To the extent permitted by law, we do not accept liability that we may have to you or any other person and you agree to indemnify us and hold us harmless from any claims, liabilities, damages, losses, expenses (including legal fees) under or in connection with:

  • Your use of the Platform, Course, Course content, content produced by Students or any use of any of them by any person that you have authorised to access and/or use any of these;
  • Your failure to comply with the Terms, Privacy Policy or Course Provider Terms;
  • Any delay or loss of access to, or use of, the Platform or Course at any time;
  • Any fault or error in any Platform or Course that is beyond our control;
  • Any virus, trojan-horse, malware or any other material which is malicious or technologically harmful that affects or is introduced into the Platform other than as a result of our negligence;
  • Malfunction of any equipment or system, or a telecommunications link failure;
  • Your content infringing third party rights; or
  • Any other cause or event beyond our control.

This exclusion applies regardless of whether such liability arises, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise.

General

Some of these Terms will continue to apply after your Course enrolment has come to an end.

Assignment and Transfer

We may assign or transfer our rights and obligations under the Terms to another entity without notice. Your rights and obligations under the Terms may not be assigned, transferred or licensed to any other person without prior written consent from us.

No Waiver

If we do not insist that you perform any of your obligations under the Terms, Privacy Policy or any Course Provider Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

Third party Websites 

The Platform may contain links to internet websites or learning material maintained or owned by other people or organisations. We do not endorse or approve of the content or material on those other websites and are not responsible for any content or material on those other websites.  

Changes to Platform

We can, at any time, make changes to (including adding and removing) the functionality, type, format, digital content, means of accessing, or operating system specifications for the Platform.

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.

Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising from this policy, or your use of the Platform will be subject to the exclusive jurisdiction of New Zealand Courts. Either party may not commence any Tribunal or Court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought):

  • Notification: The party claiming that a dispute has arisen must give written notice to the other party specifying the nature of the dispute;
  • Good Faith Discussions: On receipt of that notice by the other party, the parties must endeavour in good faith to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation, or determination, or similar techniques agreed upon by them.

If any term is not enforceable for any reason, the remainder of the Terms will remain enforceable.