MyMahi Terms of Use

Effective date: September 1st, 2024

Please read these terms of use carefully

MyMahi Ltd and its affiliates, including partners (“MyMahi“) provide an online learning platform, software, and related components, products, and services on https://mymahi.com/ and its subdomains, mobile applications, and other media managed by MyMahi (collectively, the “Service”) that can be used by providers/schools, mentors/teachers, learners/students, and their parents (collectively, the “Users”).

These Terms of Use are entered into by and between you as a User and MyMahi, and together with the relevant Privacy Policies, govern your access to the Service and its content and functionality.

Your use of the Service, and its content, constitutes your agreement to be bound by these Terms of Use. The offering of the Service to you is conditional on your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Service.

1. User Account

1.1 Account Registration

You will be given an account (“User Account”) to access the Service. Registration of the User Account will require you to provide a valid e-mail address for communication between MyMahi and you related to the Service and for login purposes.

1.2 Account Security

By using the User Account, you will be responsible for maintaining the security of your User Account, for all activities that occur under the User Account, and any other actions in relation to the User Account. You should not share your login details with any other person.

1.3 Notification of Unauthorized Use

You must immediately notify MyMahi at support@mymahi.com of any unauthorized uses of your User Account or any other breaches of security. MyMahi will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

1.4 Suspension and Termination of Account

MyMahi will have the right to suspend access to your User Account, or to terminate your User Account, at any time if you are in violation of any of the provisions in these Terms of Use.

2. Your Responsibilities

2.1 Your use of the Service

You are solely responsible for your use of, and actions on, the Service and use it at your own risk. In using this Service, you must behave in a civil and respectful manner at all times and agree not to:

Use the Service in a way that infringes the rights of other Users, or restricts or inhibits any other User or person from using or enjoying the Service, including but not limited to actions which harass or cause distress to any other User or person;
Use the Service in any way that violates applicable laws, rules, or regulations or otherwise to exploit or harm (or attempt to exploit or harm) any other person;
Probe, scan, or test the vulnerability of the Service or any network connected to it, nor breach the security or authentication measures on the Service or any network connected to it (including but not limited to distributed denial-of-service (“DDOS“) attacks or the introduction of viruses or other destructive code); or
Interfere by any automatic or manual device, program, algorithm, or methodology with the proper working of the Service or with any other User’s use of the Service.

2.2 User Generated Content

Where you create content and submit or upload this to the Service (for example, goals, photos, videos, certificates, messages, etc.) (“User Generated Content”), you are responsible for ensuring that such User Generated Content complies with all applicable laws, rules, and regulations. You expressly agree not to submit or upload any User Generated Content which:

Contains material that is defamatory, discriminatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
You do not have the right to submit or upload, including where the content may infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right (“Intellectual Property Rights”) of any party;
Impersonates any person or entity or otherwise associates, infers, or misrepresents the User’s affiliation with a person or entity;
Contains the personal information of any third party unless that third party has expressly consented to such use and disclosure;
Contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
Constitutes unsolicited promotions, campaigning, advertising, or solicitations, or other types of content which constitute “spam”; or
May expose MyMahi or other Users to any harm or liability of any kind.

MyMahi reserves the right to judge in its sole discretion whether any submitted User Generated Content infringes any of the above restrictions. MyMahi has the right, but not the obligation, to monitor all conduct and content submitted to the Service, and may in its sole discretion remove or disable access to User Generated Content that breaches these Terms of Use. If you believe that any other User’s User Generated Content, third party’s content, or MyMahi’s content violates any applicable laws, rules, or regulations, including, without limitation, any copyright laws, you should report by emailing support@mymahi.com.

3. Intellectual Property

3.1 MyMahi’s Intellectual Property Rights

All of the Intellectual Property Rights in the Service (except the User Generated Content) are owned by MyMahi, its licensors, and other providers of such material and are protected by applicable Intellectual Property Rights. Users may not engage in any activity on or through the Service, including transmitting or using User Generated Content, that infringes or otherwise makes unauthorized use of another party’s Intellectual Property Rights.

3.2 License to Use the Service

MyMahi grants each User a limited, non-exclusive, non-sublicensable, and non-transferable license to access and use the Service (excluding the User Generated Content) (together the “Platform Content”) for their own personal and commercial (in the case of mentors/teachers and providers/schools) purposes subject to the following conditions:

Users may only view, copy, and print such portions of the Platform Content for their own personal use and may not copy or distribute any Platform Content to any other person or for commercial use;
Users may not modify or otherwise make derivative works of the Platform Content, or reproduce, distribute, or display the Platform Content except as expressly permitted in these Terms of Use;
Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Platform Content;
Users may not use any data mining, robots, or similar data gathering or extraction methods; and
Users may not use the Platform Content other than for their intended purposes.

This license shall terminate upon the termination of a User’s User Account.

3.3 User Generated Content

Where you generate or upload User Generated Content on our Service, you retain ownership of the intellectual property you generate.

By posting or otherwise providing User Generated Content to or through the Service, you grant MyMahi a non-exclusive, royalty-free, transferable, irrevocable, perpetual (or if not permitted under applicable laws, for the term of your use of our Services plus twenty (20) years) worldwide license and right to use, display, and otherwise make available such User Generated Content on the Service for the purpose of providing the Service to Users.

Where the User is a provider/school or mentor/teacher who has chosen to share User Generated Content posted or otherwise provided to or through the Service with other Users, the User grants MyMahi, and any other Users to whom the User Generated Content is shared with, a non-exclusive, royalty-free, transferable, irrevocable, perpetual (or if not permitted under applicable laws, for the term of your use of our Services plus twenty (20) years) worldwide license and right to use, display, publicly perform, reproduce, distribute, publish, modify, adapt, translate, create derivative works of, make available and sublicense, and otherwise use and exploit such User Generated Content.

The User represents and warrants that it owns and controls all of the rights to the User Generated Content and has the lawful right to post the User Generated Content on the Service and otherwise provide MyMahi with the User Generated Content.

Aside from the rights specifically granted in these Terms of Use, you retain ownership of all Intellectual Property Rights in your User Generated Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Generated Content, and your right to object to derogatory treatment of such User Generated Content.

You are solely responsible for all User Generated Content that you submit or upload. MyMahi is not responsible for User Generated Content nor does it endorse any opinion contained in any User Generated Content. You agree that if anyone brings a claim against MyMahi (or its respective directors, officers, employees, and agents) related to your User Generated Content, then, to the extent permissible under local law, you will indemnify and hold MyMahi harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of such claim.

4. Disclaimers and Limits of Liability

4.1 Availability and Accuracy

MyMahi will make reasonable efforts to ensure that the Service is available to you. However, access to the Service may be disrupted from time to time due to necessary maintenance, technical issues, or events outside of MyMahi’s control. MyMahi will use commercially reasonable efforts to avoid downtime of the Service during peak hours but assumes no liability if the Service or any part thereof is unavailable at any time or for any period.

MyMahi does not guarantee that the Service, or any content, service, or feature of the aforementioned, will be error-free, compliant with all hardware and software, that any defects will be corrected, or that your use of the Service will provide expected results. Although we endeavor to provide the best service we can, you understand and agree that the Service is delivered to you on an “as-is” and “as available” basis, and to the extent permissible under local laws, MyMahi disclaims all warranties of any kind, express or implied, including without limitation, warranties of fitness for a particular purpose, accuracy or reliability of content, and non-infringement of proprietary rights.

Some aspects of this section may not apply in some jurisdictions if prohibited by local laws. Nothing in these Terms of Use affects your statutory rights as a consumer under relevant local laws.

4.2 User Generated Content

MyMahi has not reviewed the User Generated Content posted on the Service and is not responsible for the User Generated Content, or the use or effects of the Platform Content or User Generated Content. Furthermore, MyMahi makes no representations, warranties, or guarantees, whether express or implied, that the User Generated Content is accurate, complete, or up to date.

4.3 Security

MyMahi will make commercially reasonable efforts to ensure the Service is free from viruses or other destructive code. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Service for any reconstruction of any lost data.

MyMahi will not be liable for any loss or damage caused by a DDOS attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Service or your downloading of any material posted on the Service or on any sites linked to on the Service.

4.4 External Website Links

MyMahi has not reviewed all of the material made available through the other websites that the Service may link to. MyMahi does not have any control over these other websites and is not responsible for their contents or their use. By linking to such other websites, MyMahi does not represent or warrant that it endorses such websites. When you leave the Service, our terms and policies (including these Terms of Use) no longer apply. You should review applicable terms and policies, including privacy and data gathering practices, of any other websites and perform your own investigations before entering into any transactions with any third parties.

4.5 Limitation of Liability

You agree that, to the fullest extent permissible by applicable local laws, your sole and exclusive remedy for problems or dissatisfaction with the Service is to stop using the Service. In any event, MyMahi’s aggregate liability to you for claims related to the Service shall be limited, to the fullest extent such limit is permissible by applicable local laws, to the lower of: (a) the annual subscription fee payable by you or on your behalf in connection with your access to the Service; and (b) NZ$100.00 (one hundred New Zealand Dollars).

To the fullest extent permissible by applicable local laws, MyMahi excludes all liability for damages and direct, indirect, or consequential loss or otherwise incurred by you or any third party and arising out of or in any way connected with the use of the Service. However, nothing in these Terms of Use should be deemed to exclude or limit MyMahi’s liability where it would be unlawful under any applicable local laws to do so – this includes liability for fraud, fraudulent misrepresentation, or death or personal injury caused by MyMahi’s negligence.

5. Competitions

5.1 Eligibility and Participation

Depending on your subscription type, your use of the Service automatically allows you to access our competitions if you want to enter. The following rules shall apply to all competitions organized or hosted by MyMahi on the Service. By participating in a competition, a User agrees to be bound by these rules.

Competitions are only open to Users with an active User Account, and not any other User.
All entries or questions answered during a competition must be the User’s own work. The User must not use, copy, or otherwise plagiarize the work of another User or any person, and must not collaborate or otherwise work with another User, unless the additional rules of the specific competition provide otherwise.
All submissions must be made prior to the deadline, and in the manner and form specified for the particular competition.
Prizes are determined and awarded at MyMahi’s sole discretion and no prizes will be awarded as a result of improper actions by or on behalf of any User.
Prizes are non-transferable and there is no cash alternative. MyMahi reserves the right to substitute prizes of equal or greater value at any time.
MyMahi reserves the right to disqualify any competitor if it has reasonable grounds to believe that the competitor has breached any of these rules. Where a competitor is disqualified, MyMahi in its sole discretion may decide whether a replacement competitor or winner (as the case may be) should be selected.

5.2 Rule Modifications

These rules may be supplemented, amended, or superseded by notices published by MyMahi in relation to specific competitions.

6. Miscellaneous

6.1 Data Privacy

We will only use your personal information as set out in MyMahi’s Privacy Policy, as amended from time to time.

6.2 Changes to Terms of Use

MyMahi may revise and update these Terms of Use at any time in its sole discretion. Any material changes to the Terms of Use (“Changes”) will be notified to you, where reasonably practicable, at least 14 days before such Changes apply to you and apply to all access to and use of the Service thereafter. If you do not agree to any Change to the Terms of Use, you must discontinue use of the Service. MyMahi will notify you of the Changes by email and ensure that the updated Terms of Use are posted to the MyMahi website or on the Service and your continued use of the Service following notification regarding the Changes constitutes your acceptance and agreement to the Changes which are binding on you. If you wish to cancel as a result of us revising these Terms of Use in a way that has a materially detrimental effect on you, you must notify us within 14 days of our notice to you about that Change. Your cancellation will be effective as of the date of the Change.

6.3 Validity

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

6.4 Waiver

No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

6.5 Third Party Rights

A person who is not a party to these Terms of Use has no right whether by applicable statute or otherwise to enforce any term of these Terms of Use.

6.6 Governing Law and Jurisdiction

Except to the extent required by mandatory local laws, these Terms of Use are governed by New Zealand law. You hereby agree to submit to the jurisdiction of the Courts of New Zealand in respect of any disputes in relation to these Terms of Use, except where the courts of another country would have jurisdiction in accordance with mandatory local laws.

6.7 Contact Details

If you have questions or issues in relation to these Terms of Use or the Service, you may contact us at:

MyMahi Ltd 4 Joseph Street, Palmerston North 4412, New Zealand Email: support@mymahi.com Phone: (NZ) +64 6 888 3015, (AU) +61 482 096 661