Website terms and conditions of use for education providers

General

The Study with New Zealand (SWNZ) website (studywithnewzealand.govt.nz) is provided by Education New Zealand (“ENZ”).

The SWNZ website is ENZ’s student-facing website designed to promote studying with New Zealand. It provides access to qualifying New Zealand international education providers to market their institution and programmes to prospective international students (“Students”) and parents, guardians or caregivers enquiring on behalf of Students (“Enquirers”).

If a Student or Enquirer agrees to be contacted directly by an education provider ENZ will share certain details it holds about the Enquirer (including their name, email address and phone number) and the Student (including their name, email address, phone number, nationality, country of residence, date of birth, highest level of study attained, intended study option, intended source of funding, preferred tuition budget, desired start date) (together, “Information”) to the education provider via the Enrolment Opportunities Service.

The following Terms and Conditions of Use of Education New Zealand’s SWNZ website education providers (“Terms”) form a contract between the relevant education provider (“you”) and ENZ for:

your use of the SWNZ website;
your receipt and use of the Information; and
your receipt and use of any research or statistical analysis data or reports that we may undertake or sponsor in connection with our functions; and
your use of any associated material, assets, and content.

ENZ may revise these Terms by giving you notice. We’ll notify you of any changes by displaying the changes on this website, and by continuing to use the SWNZ website and/or receiving enquires from ENZ containing Information after such notification, you will be deemed to have accepted the changes.

All use of the SWNZ website is also governed by ENZ’s Privacy Policy which form part of these Terms. If there is any inconsistency between these Terms and the ENZ Privacy Policy, these Terms will prevail.

Listing criteria

Subject to ENZ’s rights to amend, suspend or terminate listings (see below), ENZ will only list in its sole discretion, and maintain listings for, New Zealand international education providers, who meet and continue to meet the following conditions:

Signatory to the Education (Pastoral Care of International Students) Code of Practice 2016;
Registered by the New Zealand Qualifications Authority with a Ministry of Education identification number; and,
For all non-university Tertiary Education Organisations (TEOs), the maintenance of a Category 1 or Category 2 status under External Evaluation and Review (EER). (Note that ENZ will not list, and will immediately remove from the website, any providers that have or acquire Category 3 or Category 4 status).

ENZ will immediately, and without notice, remove any providers from the SWNZ website that no longer meet the above criteria.

No endorsement

You acknowledge that ENZ does not, by listing you on the SWNZ website, endorse you in any way.

Your responsibilities

As an international education provider listed on the SWNZ website, you have specific responsibilities.

By listing on the SWNZ website, you agree to:

Ensure the minimum details related to your institution (institution type, Ministry of Education ID number, contact details and basic description) are complete;
Ensure content related to your institution and programmes is accurate and up-to-date;
Nominate a representative from your institution to be profile owner, and to provide contact details for said owner.

You have sole responsibility for the accuracy of the information provided to ENZ for use in the listing and for updating ENZ of any changes to that information. ENZ takes no responsibility for the accuracy of information provided by you.

Privacy

The Information includes personal information as defined in the Privacy Act 2020.

ENZ provides the Information to you for the limited purposes of allowing you to:

contact the Student in relation to their shortlisted study option, or any other course you offer; and
assess the Student’s potential value to you as a student if they were to enrol, to inform the level of contact you make with the Student or Enquirer.
understand and asses any research or statistical analysis reports commissioned by ENZ in relation to student applications or enquiries.

For the avoidance of doubt, the Information must not be used for the purposes of assessing Students’ applications for admission to their shortlisted study option, or any other course you offer.

In receiving the Information, you agree to:

use the Information only for the purposes authorised above;
take all appropriate technical and organisational measures to prevent against the loss, unauthorised or unlawful processing, access, or use of Information;
hold, store and secure the Information in accordance with your own privacy policy;
immediately notify us of any updates to your email address;
immediately notify us if you become aware of a privacy breach;
immediately return, destroy, or otherwise deal with the Information in accordance with ENZ’s instructions in the event that ENZ suspends transferring you Information, and provide evidence to ENZ to demonstrate that you have done so; and
otherwise deal with the Information in accordance with the Privacy Act 1993 and the information privacy principles contained within it, and the EU General Data Protection Regulation (to the extent applicable).

ENZ requires you to ensure all staff, subcontractors and agents who deal with Information are made aware of and comply with these obligations.

Amendment, suspension, termination or reinstatement of profiles

ENZ reserves the right to immediately, and without notice, amend, suspend or terminate your profile for any reason in ENZ’s sole discretion.

This right includes (but is not limited to) situations where:

ENZ has concerns over the accuracy, clarity or transparency of any listing;
ENZ has concerns that you may no longer meet the listing criteria;
any provider is suspected of being involved in misconduct, submission of fraudulent applications or information (whether deliberately or by omission); or
any provider is suspected of acting in a manner contrary to the Education (Pastoral Care of International Students) Code of Practice 2016 or in any way that brings ENZ or New Zealand into disrepute.

All decisions regarding amendment, suspension, termination or reinstatement of profiles, will be at the sole discretion of ENZ.

ENZ’s right to terminate the transfer of Information

ENZ reserves the right to immediately, and without notice, suspend transferring you Information for any reason in ENZ’s sole discretion.