Last updated: April 2026
General Website Terms and Conditions
1.1 About These Terms
These Website Terms and Conditions ("General Terms") govern your access to and use of the website operated by Kateao Limited ("we", "us", "our", or the "Company") at https://kateao.co.nz (the "Website"), including all content, functionality, products, and services offered on or through the Website.
These General Terms apply to all visitors, users, and others who access or use the Website("Users" or "you"). By accessing or using the Website, you confirm that you are at least 18 years of age, are legally capable of entering into binding contracts, and agree to be bound by these General Terms.
1.2 Additional Terms
Certain sections of the Website, including the purchasing of teaching resources, are subject to additional terms. Part B of this document sets out the Point of Sale Terms and Conditions ("Purchase Terms") which govern all transactions. In the event of any inconsistency between the General Terms and the Purchase Terms, the Purchase Terms shall prevail with respect to any purchase transaction.
1.3 Changes to Terms
We reserve the right to modify these General Terms at any time at our sole discretion. We will notify you of material changes by posting the updated terms on the Website with a revised effective date. Your continued use of the Website following the posting of revised terms constitutes your acceptance of the changes. We recommend that you review these General Terms periodically.
2. Definitions
In these Terms and Conditions, unless the context otherwise requires, the following terms have the meanings set out below:
3. Website access and use
3.1 Permitted Use
Subject to these General Terms, the Company grants you a limited, non-exclusive, non-transferable right to access and use the Website for lawful purposes. You may use the Website solely to browse information about Teaching Resources and to make purchases in accordance with the Purchase Terms.
3.2 Prohibited Conduct
You must not use the Website in any manner that:
3.3 Account Registration
Certain features of the Website may require you to register an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use of your account.
3.4 Website Availability
We do not guarantee that the Website will be available at all times or free from errors. We reserve the right to suspend, withdraw, discontinue, or change any part of the Website without notice. We will not be liable if, for any reason, the Website is unavailable at any time or for any period.
4. Intellectual property
4.1 Ownership of Website Content
All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by New Zealand and international copyright, trade mark, and other Intellectual Property Rights laws.
4.2 No Licence to Website Content
Nothing in these General Terms grants you any licence or right to use any trade mark, logo, or other proprietary content displayed on the Website without the prior written consent of the Company or the relevant rights holder. Unauthorised use of any Website content may give rise to claims for copyright infringement,trade mark infringement, or breach of contract.
4.3 Third-Party Content
The Website may contain links to third-party websites or resources. These links are provided for convenience only and do not constitute an endorsement or recommendation by the Company of such third-party websites or their content. We have no control over the content of third-party sites and accept no responsibility for any loss or damage that may arise from your use of them.
5. User content
5.1 Submission of User Content
By submitting any UserContent to the Website (including reviews, feedback, or forum contributions),you grant the Company a worldwide, royalty-free, perpetual, irrevocable,non-exclusive licence to use, reproduce, modify, adapt, publish, translate, anddistribute such User Content in any media for the purposes of operating andimproving the Website and our services.
5.2 Representations Regarding User Content
You represent and warrant that: (a) you own or have the necessary rights to submit the UserContent; (b) the User Content does not infringe the rights of any third party;(c) the User Content complies with all applicable laws; and (d) the UserContent does not contain false, misleading, defamatory, offensive, or harmful material.
5.3 Moderation
We reserve the right, but are not obligated, to monitor, edit, or remove any User Content at our sole discretion without notice. We take no responsibility and assume no liability for any User Content submitted by you or any third party.
6. Privacy
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these General Terms by reference. Our Privacy Policy explains how we collect, use, and share personal information. By using the Website, you consent to our collection and use of personal information as described in our Privacy Policy. To the extent we collect or process personal information, we will do so in accordance with the Privacy Act 2020 (NZ) and any other applicable privacy legislation.
7. Disclaimer
7.1 Disclaimer
The Website and its content are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Website will be error-free, uninterrupted, secure, or free of viruses.
7.2 Limitation of Liability
To the fullest extent permitted by the Consumer Guarantees Act 1993 (NZ), the Fair Trading Act 1986 (NZ), and any other applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Website, even if we have been advised of the possibility of such damages.
7.3 Consumer Guarantees
Nothing in these Terms is intended to limit any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Where those Acts apply and cannot be excluded, our liability is limited to the maximum extent permitted by law.
8. Governing law and jurisdiction
These General Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand, without giving effect to any principles of conflicts of law. The parties agree to submit to the personal jurisdiction of the courts of New Zealand for the resolution of any disputes.
Note to purchasers
These Point of Sale Terms and Conditions apply to every purchase of a Teaching Resource from this Website.
By completing a purchase, you agree to these terms in addition to the General Website Terms (Part A).
No transfer of ownership occurs. You receive only a licence to use the resource as set out herein.
Cultural and Matauranga content is subject to additional obligations set out in Sections 16–18.
9. Formation of contract
9.1 Offer and Acceptance
The display of Teaching Resources on the Website constitutes an invitation to treat, not an offer. A legally binding contract for the purchase of a Teaching Resource is formed only when: (a) you have added the resource to your cart and proceeded to checkout; (b) you have provided complete and accurate payment and contact information; (c) you have reviewed and accepted these Purchase Terms by ticking the confirmation checkbox; and (d) we have sent you an order confirmation email ("Order Confirmation").
9.2 Order Confirmation
The Order Confirmation will specify the Teaching Resource(s) purchased, the licence granted, the price paid, and any special conditions applicable to the resource. Please retain your Order Confirmation as proof of your purchase and the terms of your Licence.
9.3 Refusal of Orders
We reserve the right to decline or cancel any order at our sole discretion, including where: (a) a Teaching Resource has been incorrectly described or priced due to an error; (b) we have reason to believe the order is fraudulent or in breach of these Terms; or (c) we are unable to verify the Customer's identity or payment details.
10. Pricing andpayment
10.1 Pricing
All prices displayed on the Website are in New Zealand dollars (NZD) and exclude Goods and Services Tax (GST) unless otherwise stated. Prices are subject to change without notice. The price applicable to your order is the price displayed at the time you complete your purchase.
10.2 Payment Methods
We accept payment via the methods specified on the Website at the time of purchase. Payment must be received and processed in full before access to any Teaching Resource is granted. All payment processing is conducted through third-party payment gateways. The Company does not store your full payment card details. You agree to abide by the terms and conditions of any applicable third-party payment processor.
10.3 Taxes
Customers outside New Zealand may be subject to additional import duties, taxes, or levies imposed by their local jurisdiction. The Company accepts no responsibility for any such charges, which remain the sole responsibility of the Customer.
11. Digital delivery
11.1 Method of Delivery
All Teaching Resources are delivered electronically via download link or access through your registered account on the Website following successful payment. Delivery is deemed to have occurred when the download link or access credentials are made available to you, or when the Order Confirmation email containing access details is sent to your registered email address.
11.2 Download and Access
You are responsiblefor ensuring that you have the technical capability to download and use theTeaching Resources, including compatible software and hardware. Download links may expire within 30 days of delivery. It is your responsibility to downloadand save your purchased resources within this period. The Company accepts noliability for failure to access resources due to technical issues on your part.
11.3 Errors in Delivery
If you experience a technical failure in downloading or accessing a purchased resource, you must notify us at contact bar via our Website within 14 days of the purchase date. We will use reasonable endeavours to resolve such issues.
12. Returns, refunds and cancellations
12.1 General Policy
Due to the digital nature of Teaching Resources and the immediate access provided upon payment, we do not generally offer refunds after a resource has been accessed or downloaded, except as required by the Consumer Guarantees Act 1993. This policy is in addition to, and does not limit, any rights you may have under applicable New Zealand consumer protection legislation.
12.2 Refund Entitlement Under the Consumer Guarantees Act
If a Teaching Resource fails to comply with the Consumer Guarantees Act 1993, you may be entitled to a remedy. Where a failure is minor, we may choose to repair or replace the resource. Where a failure is substantial, you are entitled to a refund. To request a refund under this provision, please contact us at Kateaoltd@gmail.com with your Order Confirmation number and a description of the failure.
12.3 Change of Mind
We do not offer refunds for change of mind purchases, or where you have purchased a resource that does not suit your needs, curriculum, or teaching style, where no fault exists in the resource itself.
13. intellectual Property
13.1 Absolute Retention of Intellectual Property Rights
All Intellectual Property Rights in and to all Teaching Resources, including without limitation all copyright, design rights, trade marks, database rights, and any other proprietary rights whether registered or unregistered, vest in and shall remain exclusively with the Company (or the relevant third-party creator, asapplicable). Nothing in these Terms, including the Licence granted hereunder,shall be construed as transferring, assigning, or otherwise conveying anyIntellectual Property Rights to you.
13.2 No Assignment
You expressly acknowledge and agree that no Intellectual Property Rights in any Teaching Resource pass to you as a result of or in connection with any purchase made through the Website. The purchase price paid by you constitutes consideration solely for the limited Licence described in Section 14 and not for any transfer of ownership of Intellectual Property Rights.
13.3 Moral Rights
To the extent that any Teaching Resource contains content created by an identifiable author, the Company acknowledges and respects such author's moral rights under the Copyright Act 1994 (NZ). Customers must not do anything that infringes anymoral rights of the author, including falsely attributing authorship or treating a work in a derogatory manner.
13.4 Reservation of Rights
All rights not expressly granted to you under these Terms are reserved by the Company. The Company reserves the right to use, modify, adapt, reproduce, distribute, and commercialise Teaching Resources in any manner and for any purpose, without notice to or consent from Customers.
14. Licence andgrant
14.1 Grant of Licence
Subject to yourcompliance with these Purchase Terms and the Cultural Use Framework (Section16), the Company grants you a limited, personal, non-exclusive,non-transferable, non-sublicensable, revocable licence to access, download, anduse the purchased Teaching Resource solely for Non-Commercial Use in aneducational setting (the "Licence").
14.2 Permitted Uses Under the Licence
Subject to these Terms, and in particular to the Cultural Use Framework, you may
14.3 Prohibited Uses
The following uses are expressly prohibited and constitute a material breach of these Terms:
14.4 School and Institutional Use
The Licence is granted on either an individual or institutional basis, as specified in the applicable agreement.
Where the Licence is granted to an individual (Individual Licence), it is personal, non-transferable, and limited to the Licensee’s own use. It does not extend to any employing school, institution, organisation, or third party. The Licensee must not share, distribute, reproduce, or otherwise make the Teaching Resource available to any other person, including colleagues or across multiple classrooms, without the prior written consent of the Company.
Where the Licence is granted to a school, institution, or organisation (Institutional Licence), it must be expressly agreed in writing with the Company. Subject to the terms of that agreement, authorised personnel within the licensed entity may use the Teaching Resource across multiple classrooms or within the agreed scope. Any use outside the scope of the Institutional Licence is strictly prohibited.
In the absence of an expressly agreed Institutional Licence, all use of the Teaching Resource is deemed to be on an individual basis and subject to the Individual Licence terms.
14.5 Revocation of Licence
The Company reserves the right to revoke your Licence at any time, with immediate effect and without refund, if you breach any provision of these Terms. Upon revocation, you must immediately cease all use of the relevant Teaching Resource(s), delete all downloaded copies, and confirm in writing that you have done so upon request.
15. Matauranga
The Company recognises that Matauranga Maori represents a living, dynamic, and tapu body of knowledge.
It encompasses unique world views, cultural values, and practices developed over generations.
All users of Teaching Resources containing Matauranga are required to engage with this knowledge with the highest standards of cultural respect, accuracy, and integrity.
Misuse of Matauranga is not only a breach of these Terms but an ethical and cultural harm.
15.1 Recognition of Matauranga Maori
The Company acknowledges the unique and special status of Matauranga Maori as a body of knowledge belonging to Maori. We recognise that Matauranga encompasses te ao Maori (the Maori world view), tikanga Maori (Maori customs and protocols), te reo Maori (the Maori language), and associated cultural knowledge, practices, and expressions. The Company is committed to engaging with Matauranga in a manner consistent with the principles of the Treaty of Waitangi, including the principle of partnership, the principle of active protection, and the principle of equity.
15.2 Identification of Matauranga Content
Where a Teaching Resource contains, incorporates, or draws upon Matauranga, this will be clearly identified in the product description on the Website and within the resource itself. Customers are required to review these identifications before purchase and to ensure that their intended use is consistent with the Cultural Use Framework.
15.3 Ongoing Ownership of Matauranga
The Company explicitly acknowledges that it does not and cannot claim ownership of Matauranga or any traditional knowledge it incorporates from Maori sources. Where Matauranga is incorporated into a Teaching Resource with the permission of relevant knowledge holders, the Teaching Resource as a whole may be subject to Intellectual Property Rights of the Company, but such rights do not extend to the underlying Matauranga itself. Any Licence granted under these Terms does not grant any rights in or to any underlying Matauranga.
16. Cultural Use Framework
16.1 Purpose and Scope
The Cultural Use Framework applies to all Teaching Resources that incorporate or reference Matauranga, te reo Maori, tikanga Maori, or other culturally sensitive content. The Framework is designed to ensure that such content is used in a manner that is respectful, accurate, and ethically appropriate, and does not cause cultural harm to Maori communities or individuals.
16.2 Core Obligations
All Customers and End Users of Teaching Resources containing culturally sensitive content are required to:
16.3 Prohibited Cultural Uses
Without limiting the general Prohibited Uses in Section 14.3, the following uses of Teaching Resources containing Matauranga are specifically and absolutely prohibited:
16.4 Engagement with Maori Communities
The Company encourages Customers who intend to teach content incorporating Matauranga to engage proactively with local Maori communities, iwi, or hapu representatives to ensure their teaching approach is culturally grounded, contextually appropriate, and mana-enhancing for Maori learners. The Company is not responsible for any cultural harm arising from failure to engage appropriately with relevant communities.
16.5 Cultural Advisory
We note that while we endeavour to ensure that all Matauranga content in our Teaching Resources is developed in consultation with and with the approval of appropriate Maori knowledge holders, Customers are responsible for their own ongoing cultural competency. We strongly recommend that Customers undertaking significant teaching of Matauranga-based content seek ongoing cultural professional development.
17. IP Ownership in culturally sourced content
17.1 Dual Consideration Framework
Where a Teaching Resource incorporates Matauranga or content sourced from Maori knowledge holders, the Intellectual Property Rights in the Teaching Resource must be understood as operating within a dual framework: the Company's copyright and Intellectual Property Rights in the work as a whole (i.e., the selection, arrangement, adaptation, and expression of content), and the community interests of Maori knowledge holders in the underlying Matauranga.
17.2 Absence of Commercial Rights in Matauranga
The Licence granted under Section 14 does not, under any circumstances, grant any Customer the right to commercially exploit any Matauranga embedded in or associated with a Teaching Resource. Any use of Matauranga beyond the personal, non-commercial, educational Licence granted under these Terms requires the separate, prior, written consent of both the Company and any relevant Maori knowledge holders.
17.3 Revocation for Cultural Misuse
The Company reserves the absolute right to revoke any Licence, without refund and with immediate effect, where a Customer or End User uses Matauranga content in a manner that the Company, acting reasonably and in consultation with relevant cultural advisers, determines to be culturally harmful, disrespectful, or in breach of the Cultural Use Framework.
17.4 Notification of Misuse
If you become aware of any misuse of Matauranga content from a Teaching Resource, you are encouraged and, where you have facilitated such misuse, required to notify the Company immediately at Kateaoltd@gmail.com. The Company will investigate and take appropriate action in consultation with relevant Maori knowledge holders and advisers.
18. Representations and Warranties
By completing a purchase, you represent and warrant to the Company that:
19. Breach and remedies
19.1 Consequences of Breach
Any breach of these Purchase Terms, and in particular any breach of Sections 13, 14, 15, 16, or 17, is a serious matter. In the event of a breach, the Company reserves the right to take any or all of the following actions:
19.2 Injunctive Relief
You acknowledge that any breach of the restrictions on use of Teaching Resources or Matauranga would cause irreparable harm to the Company and to relevant Maori knowledge holders for which monetary damages may be an inadequate remedy. Accordingly, you agree that the Company shall be entitled to seek urgent injunctive or other equitable relief in any court of competent jurisdiction without the necessity of proving actual harm or posting a bond.
20. Indemnity
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, contractors, licensors, and agents from and against any and all claims, actions, demands, losses, damages, costs, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of any Teaching Resource; (b) your breach of these Purchase Terms; (c) your violation of the Cultural Use Framework; (d) any infringement of third-party Intellectual Property Rights by you; or (e) any misrepresentation made by you in connection with your purchase.
21 Limitation of liability
21.1 Aggregate Liability
To the fullest extent permitted by applicable law, the Company's total aggregate liability to you arising out of or in connection with any purchase, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount paid by you for the specific Teaching Resource giving rise to the claim.
21.2 Excluded Loss
To the fullest extent permitted by law, the Company shall have no liability to you for any: (a) loss of profit; (b) loss of revenue; (c) loss of data; (d) loss of goodwill; (e) business interruption; or (f) indirect or consequential loss, however arising.
21.3 Consumer Rights Preserved
Nothing in this Section 21 is intended to limit any statutory rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot be excluded or limited by contract.
22 General provisions
22.1 Entire Agreement
These Terms and Conditions (comprising Part A and Part B) constitute the entire agreement between you and the Company in relation to the subject matter hereof and supersede all prior agreements, representations, negotiations, and understandings, whether written or oral.
22.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remaining provisions, which shall continue in full force and effect.
22.3 Waiver
No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any further or other exercise thereof.
22.4 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign, transfer, or subcontract any of its rights or obligations under these Terms without notice to you.
22.5 Notices
Any notices to the Company under these Terms should be sent to Kateaoltd@gmail.com. Notices from the Company to you will be sent to the email address associated with your account. Such notices shall be deemed received 24 hours after sending.
22.6 Governing Law
These Purchase Terms are governed by and construed in accordance with the laws of New Zealand. All disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.
22.7 Dispute Resolution
The parties agree to attempt to resolve any dispute arising out of these Terms through good faith negotiation. If a dispute cannot be resolved through negotiation within 20 Business Days, the parties agree to explore mediation before commencing court proceedings, except where a party seeks urgent injunctive relief.