This document constitutes a binding agreement between the provider of mahara.org – Catalyst.Net Limited – and yourself. The terms and conditions contained in this document govern your use of the website.
The Privacy Statement displayed above forms part of these terms and conditions and is hereby incorporated by reference.
Purpose of mahara.org
Mahara.org is the community hub for discussions around the ePortfolio application Mahara. It is not a site where you can keep your personal portfolio.
Use our demo site to try Mahara. That site has the latest features.
If you are looking for such a space, please refer to the Mahara Partners. There are also some sites that you may be able to join for free as an individual or low cost as an organisation.
If you are a student who had been asked to create a Mahara portfolio, please check with your instructor on the correct URL. Schools, colleges and universities have their own Mahara site. Your fellow students, your instructor, or your institution's IT department can help you find the correct URL.
Users who register with mahara.org will receive a maximum of 5 MB of disk space to store files, e.g. screenshots to share with others to discuss features.
Our obligations
We provide a secure environment in which you can discuss the Mahara software, ask questions about Mahara and receive answers. Support is provided for free in the community discussion forums on best efforts basis.
We encourage you to report objectionable material or inappropriate behaviour to the Site Administrator immediately. We will ensure the matter is investigated in a timely manner.
Site Administrators may access your account and its contents at any time. However, they will avoid doing so unless specifically required to support your use of mahara.org or as per these terms and conditions. When a site administrator accesses your account, you will receive a notification in Mahara that includes the reason for accessing your account. Your password is never revealed to any administrator.
Your obligations
You must be at least 16 years of age to use mahara.org.
All files and content you upload to mahara.org are subject to copyright law. You are responsible for ensuring you have appropriate permission to reproduce and publish any work that is not your own.
You must not use your account on mahara.org to store or display offensive material. If the Site Administrator receives a report of any objectionable material within your account, your account will be suspended and your access to mahara.org frozen.
If the Site Administrator receives a report of any inappropriate behaviour on your part, where it relates to mahara.org, your account will be suspended and your access to mahara.org frozen.
Inappropriate behaviour includes misuse of the objectionable material reporting system, sending community members unsolicited messages that don't relate to Mahara, intentionally attempting to upload files with virus content, placing objectionable or excessive feedback or comments on any other user's pages and / or files and any other behaviour deemed to be nuisance or offensive by the Site Administrator.
Any unsolicited contact you receive as a result of personal information you have publicly released via your portfolio is your responsibility, however any misconduct in behaviour from users of the system should be reported to the Site Administrator immediately.
Please review the code of conduct before engaging on the forums.
Account expiry
User accounts expire after two years of inactivity on mahara.org. You will not be able to log in any more and your data (excluding the content of your forum posts) will be deleted. To prevent the expiry of your account, you can log in again to keep it active.
Communication
From time to time, we may contact you via a notification in Mahara, which you may receive as an email, depending on your notification settings. Reasons for these notifications may be:
- Important changes to our service offering; and
- Notification of a data breach that may affect you.
You can subscribe to discussion forums to receive notifications when new posts have been made. We do not auto-subscribe you to community support forums. If you'd like to receive notifications, you will need to subscribe yourself.
Liability
To the maximum extent permitted by law, we will not be liable to you any direct, indirect, or consequential loss or damages (including but not limited to loss of business profits, business interruption, loss of business information, data, goodwill or other non-pecuniary loss) arising out of or in connection with this agreement or the provision of the website, whether arising from negligence, breach of contract or otherwise.
Our maximum aggregate liability for all lawfully limitable claims under or in connection with this agreement (whether arising from negligence, breach of contract or otherwise) will be NZ$0.
You agree to defend, indemnify and save us, our affiliated and subsidiary corporations, our officers, directors, employees, agents, successors, shareholders and assigns harm from and against all liability, loss, expense, fines, penalties, or damages (including legal costs) to the extent that such claim arises out of or is in any way connected with the non-performance or breach of any obligation imposed on you by this agreement or other general laws and obligations or by reason of and to the extent of your fraud, negligence or wilful misconduct or that of or any of your agents or employees.
We make no representations and give no warranties, guarantees or undertakings concerning our provision or administration of the website, or your use thereof, except as expressly set out in this agreement. Other warranties, express or implied, by statute or otherwise (including but not limited to the warranties of merchantability, fitness for a particular purpose, and satisfactory quality) are excluded from this agreement. It is intended that this clause will apply only to the maximum extent permitted by law: the clause is not intended to exclude the application of the New Zealand Consumer Guarantees Act 1993 or similar law where we are providing services to consumers.
Wiki License
The Mahara wiki is licensed under the terms of the Creative Commons Attribution-ShareAlike 3.0 Unported License.
By contributing to the wiki, you are explicitly licensing your contributions under the same license.
Governing Law
These Terms and Conditions are governed by the laws of New Zealand (excluding its conflict of laws rules), and the courts of New Zealand shall have exclusive jurisdiction to hear and determine any claim arising under them.