enspirement.co - Terms and Conditions

Welcome to Enspirement! Enspirement is an online Platform designed to transform the early childhood education experience by inspiring The Potential Place in your environment. Through the sharing of inspirational imagery and content, we hope to spark creativity and innovation amongst educators to create more engaging environments for children.

Our goal is to create a space that first and foremost inspires you and the children using it. Enspirement allows you to share your environments and experiences, learn from our thought leaders and each other, make connections and meet new friends from our global community, and ultimately enhance your career and life. We have big goals, and we are committed to delivering on them because you’re so important to us.

Before you use or access our services, please review the Terms and Conditions set out below (the “Terms”). Specific pages on our website or mobile application (the “Services”) may set out additional terms and conditions, all of which are incorporated by reference into these Terms. We may change or update these Terms at any time in accordance with Section 5, but you can always find the most recent version here. You should periodically check this page to make sure you have read the current version of these Terms.

Your use of the Services indicates your acceptance of these Terms and agreement to be bound by them. Acceptance of these Terms creates a binding contract between you and Enspirement whereby you agree to use the Services only in accordance with these Terms. If you have questions about these Terms, please contact Customer Support. Your use of the Services is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Services.

To the extent that Vendors’ own terms and conditions are inconsistent with the terms and conditions in this Agreement, the terms and conditions in this Agreement will take precedence and apply.

Please read and carefully review these Terms, as they form a legally binding agreement between you and Enspirement. You should pay special attention to the arbitration provision set forth below which, except and to the extent prohibited by law, requires you to arbitrate any claims you may have against Enspirement on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity.

1. Your Account

1.1 Registration: as a customer, you must provide Enspirement with true, accurate, and complete information about yourself when requested (whether by questionnaires, surveys, registration forms, or other informational requests), and must keep that information updated so it is current and accurate.

To register as a member, you must be at least 18 years old. You will also need to provide us with personal information including your name, address, birth date and email address. You are responsible for ensuring this information is up to date at all times. One account per user.

We may disable your registration at any time if we believe that you are not using Enspirement in an appropriate or reasonable way.

1.2 Use of the Platform: you are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. If you suspect or become aware of any unauthorised use of your account, you must notify Enspirement immediately and take immediate steps to re-secure your account.

You should always preserve your original Content, or make back-up copies of your Content, on your personal computer system. Do not use Enspirement as the only repository or single source for your content. The Services are provided “as is” and “as available,” and Enspirement will not be liable for the loss of any Content.

Our Services evolve constantly. We may change our Services, such as by changing, adding or removing features at any time, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of any of our Services.

By using the Enspirement website and services, you acknowledge that you are responsible for compliance with the appropriate regulatory standards for Early Childhood Education Environments in your country/ region. Enspirement will, to the best of our abilities, provide directories, templates, and links to relevant regulations, however responsibility for compliance ultimately rests with the user.

1.3 User Conduct: you may not use Enspirement to process Prohibited Content. “Prohibited Content” includes, but is not limited to, Content or other material that:

Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, violent, offensive, constitutes hate speech or is otherwise inappropriate;
Consists of copyrighted material used without the express permission of the owner or material that has been altered so that the copyright, trademark or other proprietary notice is removed;
Violates or otherwise encroaches on the rights of others including, but not limited to, intellectual property, privacy, publicity or privacy rights;
Contains images of individuals, for which you do not have express confirmation from the individual or parent/guardian if the child is under 18 years of age to publish in a public domain;
Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Services (collectively “Corruptive Code”);
Advocates illegal activity;
Violates any law or regulation;
Harms or advocates harm against anyone, including minors; or,
Provides a link to material associated with any of the above.

Though Enspirement is not required to do so, it may from time to time examine any Content submitted to the Services. Although Enspirement does not and will not examine or otherwise review all Content submitted or transmitted to the Services, Enspirement may delete, move, or edit Content for any reason, at any time, without notice.

All Content (whether private or public) is the sole responsibility of the person who submitted it. You are solely responsible for your Content.

By viewing the Services, you may be exposed to Content that you consider offensive. You take sole responsibility for any such exposure.

Enspirement in no way guarantees the accuracy, quality, or appropriateness of Content available through the Services.

1.4 Termination

Enspirement may terminate your account (or any part thereof) or your use of the Services, and remove and discard any Content at any time, for any reason, including:

Upon your request,
Conduct that violates these Terms or other policies or guidelines set forth by Enspirement elsewhere within the Services, or
Conduct Enspirement believes is harmful to other Enspirement users or the business of Enspirement.

You agree that, to the extent permitted by applicable law, we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Services, the website or mobile application, to your account and/or as a result of the deletion of any Content in or related to your account.

2. Orders

2.1 Placing orders on the Platform: information about products on the Platform is based on material provided by Vendors. We cannot be held responsible for incorrect information supplied by Vendors and you agree to make your own inquiries to verify information and assess the suitability of products before placing an order.

To order a product, add it to the shopping cart and proceed through the checkout process. You will be required to enter payment information, which, if successfully completed, will lead to a confirmation page (which you can use as a receipt of your order). Once you complete an order (including payment), it will be sent to the Vendor who will confirm whether your order has been accepted or rejected. If the Vendor rejects your order, you will be refunded in full.

Please Note: Unless otherwise stated, reward programs or special discounts applicable to individual retailers do not apply to orders placed on Enspirement.

2.2 Cancelling Orders: your order constitutes an obligation to pay, subject to acceptance by Enspirement at our sole discretion. Your order is accepted by us when we ship the goods to you. An order confirmation does not signify our acceptance of your order, but merely confirms receipt of your order. We will send you a shipment confirmation once your order is accepted.

Enspirement reserves the right to cancel any order prior to delivery at our sole and absolute discretion, whether or not you have already been charged. If your order is cancelled pursuant to this section, and you have already been charged, Enspirement will automatically issue a refund to you.

We reserve the right to cancel orders that we believe are fraudulent (including where we believe there may have been a credit card or payment related fraud). We may also cancel orders where there has been an error in the listing of the product (e.g. an incorrect price). If we cancel your order, you will be refunded in full.

2.3 Promotions and Offers: Discount Code Terms and Conditions:

Discount codes are applicable to eligible products across Enspirement.co;
Enspirement reserves the right to amend or cancel discount codes and to update the terms and conditions without notice;
Discount codes are applied when the code is claimed or the relevant code is entered at checkout on Enspirement.co;
Discounts or promotions cannot be applied retroactively once your order has been placed;
Discount codes exclude cost of shipping (if relevant);
Only one code may be used per transaction;
Discount codes may be used a maximum of one time per customer unless otherwise stated;
Please read terms & conditions of the promotion or offer carefully;
Enspirement general website terms & conditions also apply; and
Where you have applied a conditional promotion to an order (e.g. free shipping or a % discount for spending above a certain amount), and the order (or part of the order) has been cancelled or refunded, the terms in this clause will apply.

The Vendor cancels the order: where the Vendor cancels your order (or part of your order) e.g. because the Vendor is unable to fulfil your order, conditional promotions will not be reversed (even if the remaining order value no longer qualifies for the relevant promotion).

You return the order: where you return your order (or part of your order), conditional promotions, but not any free shipping promotions, will be automatically reversed if the remaining order value no longer qualifies for the relevant promotion.

Please Note: Unless otherwise stated, reward programs or special discounts applicable to individual retailers do not apply to orders placed on Enspirement.

Discount codes can not be added to an order retrospectively.

2.4 Pricing: all prices listed on Enspirement are in the currency of the country selected and are inclusive of value added tax (VAT) or goods and services tax (GST) or relevant country sales tax at the appropriate rate, where applicable. Enspirement reserves the right to change the prices published on the Services at any time. However, orders already submitted to us will not be affected by such changes. By using Enspirement you acknowledge that you are responsible for checking the price of the product/s you purchase prior to placing your order.

International Vendors: where orders are delivered from Vendors located outside New Zealand, they may be subject to duties or other charges. You will be responsible for paying such duty or other charges and acknowledge that delivery of orders may be delayed where payment of such duty or other charges is required, you may reject the notice to pay tax and duty, reject the order and will be refunded in full. Please note that prices may be altered on the Platform at any time for any reason. Delivery charges may be listed separately.

2.5 Payment: we currently accept the following credit cards: Visa, MasterCard and American Express.

Plase Note: where any payments made to Vendors are made in a currency other than New Zealand Dollars, we will pay the Vendor based on a market Foreign Exchange Rate on the date of payment, and may keep any gains made as an FX margin.

2.6 Transacting with the Vendor: as noted above, when you order products on the Platform, you are transacting directly with Vendors. To the extent permitted by law, Enspirement makes no warranty or representation regarding the standard or description of any products to be supplied by the Vendors. Vendors are the ‘supplier’ of the products and are responsible for all statutory guarantees and warranties (if any).

GST receipts will be provided by Enspirement Ltd, who issue tax invoices to Buyers on The Vendor’s behalf with Enspirement acting as The Vendor’s agent.

2.7 Shipping Information: delivery times are set by Vendors and therefore vary depending on which Vendor you are buying from. As the products are shipped by our Vendors, the times are estimates only and cannot be guaranteed. After placing your order, you will be able to track its progress by logging into the Platform which will either display the progress of your order, or provide a link to the relevant carrier’s site (on which you can check your order’s progress).

To ensure successful delivery, you must provide a delivery address where someone will be present during business hours. The Vendor will not be liable for late delivery where attempted delivery has occurred on or before the relevant delivery timeframe.

Please note: Enspirement is not able to deliver to all regions worldwide. If your desired country for delivery is not in the drop down list of countries on the product detail page, then we do not currently deliver products to that country.

2.8 Returns and Refunds: New Zealand Customers: All products sold on Enspirement are likely to come with guarantees that cannot be excluded under the NZ Consumer Guarantees Act 1993. If you believe that you have a claim under the NZ Consumer Guarantees Act 1993, you may have the right to a replacement or a refund. Please see our Buyer Guarantee which outlines the process to follow if you believe you have the right to a replacement or refund, or if you think your goods have been damaged or lost during delivery.

As set out in the Buyer Guarantee, you must lodge any complaint you may have through our Platform. Once your complaint has been lodged, we will liaise with the relevant Vendor to resolve your complaint. Enspirement attempts to resolve complaints as quickly as possible and relies on you to promptly provide all the information needed to resolve your complaint.

2.9 Notice of defects: You have the following rights in addition to your rights under Section 3.9:

Your acceptance of the products occurs upon delivery of the products and will be presumed unless you notify us of defects by visiting our website [link to contact us page] as soon as reasonably possible but in any case no later than 14 days after the delivery, or in the case of non-delivery, you must notify Enspirement within a reasonable time after the products were expected to arrive.
Please specify the delivery note/ order number when reporting defects.

Please note: only technical inadequacies and inaccuracies, which were avoidable with the technology available is considered a defect, but does not include aspects of personal taste.

2.10 Consumer Rights/ Liability: New Zealand Customers: Our Buyer Guarantee sets out our standard process for handling certain claims under the Consumer Guarantees Act 1993, however, nothing under clause 3 (or our Buyer Guarantee) is intended to have the effect of restricting or modifying your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other obligations that cannot be restricted or modified by law.

3. General Terms

3.1 Third Party Software: as a convenience, Enspirement may make third-party software available through the Services, including by downloading. To use such software, you will agree to the terms and conditions imposed by the third-party software provider. The agreement to use such software will be solely between you and its third-party provider. Enspirement makes no representations or warranties concerning, and is not liable or responsible for, any such software.

3.2 Links to other sites: the Services may contain links to other websites. We are neither responsible for the availability of these external sites, nor do we endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of, or reliance on, any content, goods or services available on external websites. These websites have their own privacy and data collection practices, and we are not responsible for their privacy practices. We recommend carefully reviewing the user terms and privacy notice of these other websites prior to use.

3.3 Privacy Policy: we are committed to protecting your privacy. By accessing and using the Platform, you consent to the collection, use, storage, and disclosure of your personal information in accordance with our Privacy Policy. When making any purchase through the Platform you acknowledge and agree that we may disclose your personal information to the relevant Vendor. Any personal information disclosed to, and used by, a Vendor is governed by that Vendor’s own privacy practices and policies. We accept no responsibility or liability for the privacy practices or policies of any Vendor.

3.4 Copyright and Trademark Ownership: the Services contain copyrighted material, trademarks and other proprietary information including, but not limited to, videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics (individually and collectively the “Enspirement Content”). The Enspirement Content is subject to copyrights and other intellectual property rights owned by Enspirement and other individuals or entities and is protected under national and international law.

The names, trademarks, service marks, and logos of Enspirement belong exclusively to Enspirement and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any intellectual property right of Enspirement or any third-party.

3.5 Your Intellectual Property Rights & License Grant: as part of our agreement, you also give us permissions that we need to provide the Service.

We do not claim ownership of your content, but you grant us a license to use it. You retain ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. To learn more about how we use information, and how to control or delete your content, review the FAQ’s.

Although you retain ownership of your Content, any material, tools, features, templates or layouts provided to you by Enspirement that you use to arrange or organise your Content do not belong to you, and the rights to these materials, tools, features, templates or layouts belong to Enspirement.

Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content. You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Enspirement, without any compensation to you.

If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).

You agree that we can download and install updates to the Service on your device.

Warranty: as a condition to account creation, you represent and warrant to Enspirement that you either own your Content or have written permission from the copyright (or other intellectual property right, such as droit d’auteur and trademark) owner to make such Content available to the Services and that the Content does not and will not infringe, misappropriate, use or disclose without authorisation or otherwise violate any personal, copyright, droit d’auteur, trademark, trade secret right or other intellectual property or other proprietary right of any third-party.

Personal Rights: by submitting Content to Enspirement, you consent to the use of your likeness, and you warrant and represent that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Content. This written release includes the right to use such individual’s likeness in the manner contemplated in these Terms. If any identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from that individual’s parents or guardians (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have this release, do not submit the Content to Enspirement.

The Services are protected by national and international copyright and intellectual property laws and by other applicable laws. You may not upload any Content owned by someone else without the express written consent of its owner. You are solely liable for any intellectual property infringement or other violations that arise or result from your use of the Services.

3.6 Limited Warranty: except for the rights granted to consumers under applicable law, any product or service made available through the Services is provided on an “as is” and “as available” basis. Your use of the services is at your own risk. Within the limits of applicable laws, Enspirement warrants only that products will be provided to you in usable condition. If your products are damaged or of unacceptable quantity or quality, Enspirement’s sole obligation, and your sole and exclusive remedy, will be for Enspirement, at its sole option, to either:

Refund the full amount of the purchase price of such products, or
Reship the products at no extra cost.

Except for the above express limited warranty, to the extent permitted under applicable law, Enspirement and Enspirement affiliates expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement. Enspirement makes no warranty that:

the services will be provided in a manner that is uninterrupted, timely, secure, or error free;
the services are or will be free of viruses or other harmful components; or
the services will meet your requirements.

Enspirement makes no warranties of any kind with respect to software, goods, or services that are purchased, accessed, or obtained through the services or that are advertised on the services, including that software will be free of corruptive code. Any material downloaded or otherwise obtained through the use of the services is at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, unless such damage is imputable to us. This warranty gives you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction.

To the fullest extent permitted by law, the remedies set forth in these terms are your sole and exclusive remedies.

3.7 Limitation of Liability: to the fullest extent permitted by law, and save for the rights granted to consumers under applicable laws, Enspirement will have no obligation or liability (whether arising in contract, warranty, tort, including negligence, product liability, or otherwise) for any damages or liabilities, including direct, incidental, indirect, special, or consequential (including any loss of data, revenue or profit or damages arising from personal injury/wrongful death) arising with respect to your use of the services, even if Enspirement has been advised of the possibility of such damages. This limitation applies to damages arising from:

Use of or inability to use the services;
Cost of procurement of substitute goods and services;
Unauthorised access to or alteration of your transmissions by third parties;
Third party content made available to you through the services; or
Any other matter relating to the services.

In addition, when using the services, information will be transmitted over a medium which is beyond the control and jurisdiction of Enspirement, its partners, advertisers, and sponsors or any other third party mentioned on the services. Accordingly, Enspirement assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the services.

Your sole and exclusive remedy for any other dispute with Enspirement is to discontinue your use of the services or any service offered by Enspirement. In no event shall our liability, or the liability of our affiliates and subsidiaries for any and all claims relating to the use of the services exceed the total amount that you paid us during a one-year period for use of the services.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

3.8 Dispute Resolution: if you have a dispute with Enspirement, you agree that you will contact us through our contact centre to attempt to resolve the issue first. If we are not able to resolve the dispute in this manner, then this section will govern any legal dispute that relates to the Enspirement Platform or involves our Service.

Except where and to the extent prohibited by law, by using the Services you and Enspirement agree that if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of them, other than disputes related to or involving Enspirement’s intellectual property, (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven (7) days in which to respond to or settle the Dispute.

Notice shall be sent to:

Enspirement, Attention: Legal Department, c/o MGI Auckland Limited, Level 2, Fidelity House, 81 Carlton Gore Road, Newmarket, Auckland, New Zealand; or
You at the address we have on file for you.

Both you and Enspirement agree that this Dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. If any dispute cannot be resolved by this procedure, you agree to binding arbitration on an individual basis as the sole and exclusive means for resolving such dispute. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the San Francisco, California area, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable, with the exception of disputes related to or involving Enspirement’s intellectual property.

4. Modification of Terms

Enspirement may amend these Terms at any time and for any reason, including the right to terminate all or any part of the Services. When we do so, we will update the “Last Updated” date at the beginning of these Terms. You will be notified of any amendments or modifications made by Enspirement to these Terms and given an opportunity to accept the new Terms or cease use of the Services.

5. Entire Agreement

These Terms constitute the entire agreement between you and Enspirement governing your use of the Services. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Enspirement Affiliate services, third-party Content, or third-party software.

The failure of Enspirement to exercise or enforce any Term will not constitute a waiver of such Term. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to give effect to the parties’ intent with regard to the provision as reflected in the Terms, and that the other provisions of these Terms remain in full force and effect.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

6. Contact Us

If you have any questions or concerns regarding the Services or these Terms, please contact Customer Support - help@enspirement.co, or mail us at:

Enspirement, c/- MGI Auckland Limited

Level 2, Fidelity House, 81 Carlton Gore Road, Newmarket, Auckland, New Zealand

Last updated: 05 May 2021