ACORN Terms of Service

Auckland Challenge Online Resource Network Terms of Service (2023)

Acceptance of Terms

By accessing or using the Auckland Challenge Online Resource Network ("ACORN") provided by Auckland Challenge, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, do not use ACORN.

User Eligibility

You must be at least 13 years old to create an account on ACORN. If you are under 18, you may only use ACORN with the consent and supervision of a parent or guardian.

User Registration

To access certain features of ACORN, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and are liable for all activities that occur under your account.

User Conduct

You agree to use ACORN for lawful purposes and in a manner that does not violate any applicable laws or regulations. You may not upload, post, or transmit any content that is harmful, offensive, or infringes on the rights of others. Users are prohibited from engaging in behaviours considered unacceptable by Auckland Challenge, including but not limited to harassment, hate speech, spam, or any activities that violate these Terms. Auckland Challenge reserves the right to take appropriate action against users who engage in such behaviour, including account suspension or termination.

Prohibition on Sharing or Distribution of Course Content

Unless expressly specified within a particular course or Content, you are prohibited from sharing, distributing, or making available to others any course materials, videos, documents, or other content provided through ACORN, whether through physical copies, digital files, email, messaging apps, social media, or any other means. You may only share or distribute course content when explicitly granted permission by Auckland Challenge in writing. Violation of this clause may result in termination of access to ACORN and legal action.

Right to Restrict Access

Auckland Challenge reserves the right to restrict, suspend, or terminate your access to ACORN, in whole or in part, at its sole discretion and without prior notice, including but not limited to for: violation of these Terms; suspected or actual illegal activities or fraudulent conduct; maintenance, upgrades, or technical issues; violation of applicable laws; or actions disrupting ACORN or negatively impacting other users. Auckland Challenge shall not be liable for any such restriction, suspension, or termination of access.

Termination

Auckland Challenge reserves the right to terminate your access to ACORN at its discretion, with or without cause.

Communication Preferences

Users may manage their communication preferences, including opting out of marketing emails and notifications, via their account settings. This will not affect other communications from Auckland Challenge.

Platform Content

Auckland Challenge provides educational content through ACORN, including courses, videos, and materials ("Content"). You may access and use the Content for personal, non-commercial purposes unless expressly authorised by Auckland Challenge. You may not reproduce, distribute, modify, or create derivative works from the Content without prior written permission.

Fees and Payments

Some content on ACORN may require payment. You agree to pay all fees associated with your use of such content. All payments made on ACORN are non-refundable unless otherwise specified.

Course Grading and Challenge Process

Course grading may be conducted by ACORN’s automated systems, Auckland Challenge staff, or authorised agents. If you believe there is an error or discrepancy in grading, you may challenge it by emailing [email protected] with a detailed explanation and any supporting documentation. Auckland Challenge will review the challenge and make reasonable efforts to resolve it within a reasonable timeframe.

Third-Party Links and Resources

ACORN may include links to third-party websites or resources for convenience. Auckland Challenge does not endorse or control these third-party sites or content and is not responsible for their accuracy, legality, or appropriateness. Users access third-party content at their own risk.

Ownership of User-Generated Content

Users may create and contribute user-generated content (comments, posts, discussion contributions — "User Content"). Users retain ownership of their User Content, but by submitting it grant Auckland Challenge a worldwide, non-exclusive, royalty-free, perpetual, revocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display it for operating and improving ACORN — unless the user explicitly opts out upon upload. Users are solely responsible for their User Content and agree not to submit content that infringes others’ rights, violates any law, or is harmful, offensive, or inappropriate. Auckland Challenge may remove or modify User Content that violates these Terms or for any other reason at its discretion.

Copyright Ownership and Content Presentation

Unless otherwise specified in writing, all content made available through ACORN — including course materials, videos, documents, text and graphics — is the exclusive property of Auckland Challenge and protected by copyright law. Content may be accessed and used solely for personal, non-commercial educational purposes within ACORN. Sharing account credentials or enabling unauthorised access is strictly prohibited, as is publicly presenting, displaying, or performing any ACORN content without prior written permission. Any unauthorised use, reproduction, distribution, or modification of the content is prohibited, and Auckland Challenge will enforce its copyright and may take legal action against unauthorised use.

Ownership of ACORN

The ACORN Online Learning Platform, including all its components, features and intellectual property, is the exclusive property of Auckland Challenge except where otherwise specified, including its source code, databases, trademarks, and associated materials. No user acquires any ownership or intellectual property rights in ACORN through their use of it.

Privacy

Use of ACORN is subject to the Auckland Challenge Privacy Policy. Auckland Challenge may share user information with the Duke of Edinburgh’s International Award and trusted partners solely for programme delivery — including enrolment, progress tracking, and compliance — taking reasonable measures to protect confidentiality and security in accordance with applicable data protection law.

Access to DofE Online Record Book

DofE participants in an Auckland Challenge operated or supported Award Unit, or members of a partnered Award Unit, agree to grant ACORN permission to access their DofE Online Record Book for the purpose of providing ACORN’s services. Outside this, Auckland Challenge staff cannot access a participant’s Online Record Book under this clause.

Open Source Licensing

The ACORN platform’s source code is licensed under the GNU General Public Licence (GPL) version 3 or higher. Users are granted the rights and subject to the obligations of the GPL with respect to ACORN’s source code, and Auckland Challenge complies with the GPL’s requirement to provide source code access on request — requests should be directed to [email protected]. Any modification, distribution, or further development of the source code must adhere to the GPL.

Modifications to ACORN

Auckland Challenge reserves the right to modify, update, or discontinue any features or services on ACORN at its discretion, notifying users of significant changes through platform announcements or email.

Availability and Discontinuation

Auckland Challenge does not guarantee ACORN’s availability at any time and accepts no liability for losses or damages resulting from unavailability, and reserves the right to make ACORN unavailable or discontinue it at any time without notice.

Disclaimers

ACORN and its Content are provided "as is" without warranties of any kind, express or implied, including merchantability and fitness for a particular purpose. Auckland Challenge does not guarantee the accuracy, completeness, or reliability of the Content.

Limitation of Liability

Auckland Challenge is not liable for any direct, indirect, incidental, special, or consequential damages arising from use of ACORN or its Content, nor responsible for loss of user data or content stored on ACORN; users are encouraged to regularly back up their data.

Indemnification

You agree to indemnify and hold Auckland Challenge harmless from any claims, losses, or damages arising from your use of ACORN or violation of these Terms.

Changes to Terms

Auckland Challenge may modify these Terms at any time; changes will be posted on ACORN, and continued use after modification constitutes acceptance of the revised Terms.

Governing Law

These Terms are governed by the laws of New Zealand.

Contact Information

Questions or concerns about these Terms may be directed to [email protected].

Entire Agreement

These Terms constitute the entire agreement between users and Auckland Challenge regarding use of ACORN, superseding any prior agreements or understandings.