What Kaha Create Does: We're an Aotearoa, New Zealand owned platform that connects you with valuable learning content created by experts and knowledge holders. You can access mini-courses, training materials, and expertise shared by creators whilst respecting the cultural integrity of the knowledge being shared.
Your Learning Experience: You can access free content, contribute koha for valuable learning, or purchase premium courses. All learning experiences are designed to be respectful, culturally appropriate, and genuinely beneficial.
Cultural Respect: We take cultural integrity seriously, especially for Māori knowledge and other indigenous content. Some content may have special access requirements or cultural protocols that we ask you to honour.
Your Data: We store your information securely using industry-leading infrastructure, following New Zealand privacy laws. We don't sell your data or use it for purposes you haven't agreed to.
Learning with Respect: When you engage with cultural or traditional knowledge, we ask that you approach it with the same respect you'd show when being welcomed into someone's home.
Getting Help: If something goes wrong, we'll work with you to fix it. For disputes, we prefer talking it through, then mediation, then arbitration under New Zealand law.
Account Changes: You can cancel anytime. We may suspend accounts for policy violations but will give you fair notice and opportunity to respond.
At Kaha Create, we believe knowledge is a taonga (treasure) meant to be received with aroha (love and compassion) and manaakitanga (genuine care and respect). When you access learning content on our platform, you're being welcomed into someone's world of expertise with the same care they'd show a guest in their home.
What This Means:
Learn with Aroha:
Approach learning content with genuine appreciation for the creator's generosity in sharing
Engage with content thoughtfully and respectfully
Recognise the time, effort, and expertise that creators have shared with you
Practice Manaakitanga:
Show respect for creators and their knowledge through thoughtful engagement
Honour cultural protocols and access requirements for sensitive content
Share knowledge responsibly when you apply what you've learnt in your own context
Provide constructive feedback that helps creators improve their offerings
In Practice:
Engage authentically with learning content rather than just consuming it
Respect access restrictions and cultural boundaries set by creators
Contribute koha or payment where appropriate to support creators' mahi
Use knowledge gained responsibly and ethically in your own life and work
Report inappropriate content or behaviour that goes against community values
Our Community Promise: When knowledge is received with aroha and manaakitanga, everyone benefits. Learners gain valuable insights, creators feel appreciated for their contribution, and our community grows stronger together.
Not Welcome Here: Learners who seek to exploit, misuse, or disrespect shared knowledge go against our core values and aren't welcome on Kaha Create.
1.1 Agreement Formation These Terms and Conditions ("Terms") constitute a binding agreement between you ("Learner," "User," or "you") and Kaha Create Limited ("Kaha Create," "we," "us," or "our"), a company incorporated in New Zealand. By accessing or using our platform to learn from content, you accept these Terms and our Privacy Policy.
1.2 Key Definitions
"Content" means all learning materials, videos, courses, and educational resources created by others that you access
"Cultural Content" means knowledge, practices, expressions, or materials connected to Māori, indigenous, or other cultural traditions
"Creator" means the person or organisation who created the learning content you're accessing
"Platform" means the Kaha Create website, applications, and services
"Services" means all features, tools, and functionality we provide for accessing learning content
1.3 Electronic Agreement By clicking "I Accept" or using our Services to access learning content, you agree to these Terms through electronic signature under New Zealand's Contract and Commercial Law Act 2017.
2.1 Content Ownership All learning content remains the property of its creators. You do not acquire ownership rights to any content by accessing it through our platform. Creators retain complete ownership of their intellectual property.
2.2 Your Usage Rights When you access content, you receive a limited, personal, non-transferable licence to:
View and engage with content for your personal learning and development
Take notes and create personal summaries for your own use
Apply knowledge gained in your own life and work contexts
Complete any assessments or activities included with the content
2.3 Usage Restrictions You may not:
Copy, reproduce, or redistribute content without explicit creator permission
Use content for commercial purposes unless specifically permitted by the creator
Share login credentials or circumvent access controls
Remove or alter any copyright, trademark, or attribution notices
Use content in ways that violate cultural protocols or creator-specified restrictions
2.4 Cultural Content Special Responsibilities When accessing Cultural Content, you must:
Respect any cultural protocols or access restrictions specified by creators
Acknowledge the cultural significance and origins of traditional knowledge
Not appropriate or misuse cultural knowledge without proper understanding and permission
Report any inappropriate use of Cultural Content you encounter
Understand that some Cultural Content may have restrictions on how it can be used or shared
3.1 Cultural Learning Framework Kaha Create operates under principles of cultural integrity, recognising the special status of Māori as tangata whenua and respecting all indigenous knowledge systems. As a learner, you're expected to support culturally appropriate engagement with traditional knowledge.
3.2 Māori Knowledge Engagement In recognition of Te Tiriti o Waitangi and Māori cultural rights:
Māori creators maintain tino rangatiratanga over their cultural knowledge
You must respect community consent processes for collective cultural knowledge
Some content may have whakapapa-based access requirements
Te reo Māori content should be engaged with respectfully and appropriately
3.3 Cultural Protocol Compliance When engaging with Cultural Content, you must:
Follow any specific protocols outlined by creators
Not share or use cultural knowledge inappropriately outside the platform
Respect seasonal, ceremonial, or community-specific access restrictions
Seek appropriate guidance before applying traditional knowledge in your own practice
3.4 Reporting Cultural Concerns You have a responsibility to:
Report inappropriate use or sharing of Cultural Content
Alert us to any content that appears to violate cultural protocols
Respect creator decisions about cultural knowledge sharing
4.1 Privacy Act 2020 Compliance We collect and process your personal information in accordance with New Zealand's Privacy Act 2020. This section provides explicit notice of our data collection purposes, use, and disclosure practices.
4.2 Information We Collect About Learners Personal Information:
Account details: name, email address, profile information
Learning progress: courses accessed, completion status, quiz results
Usage data: how you interact with learning content
Payment information: billing details for paid content
Feedback and communications: messages to creators and support
Purposes for Collection:
Providing access to learning content and tracking your progress
Processing payments for paid content
Communicating with you about your learning journey
Improving our Services and learning experiences
Ensuring platform security and appropriate content access
4.3 How We Use Your Information We use your personal information only for disclosed purposes:
Learning Services: Providing access to content, tracking progress, enabling assessments
Account Management: User authentication, billing, customer support
Creator Support: Providing creators with anonymised analytics about content engagement
Communication: Learning reminders, platform updates, support responses
Legal Compliance: Meeting regulatory requirements, responding to legal requests
4.4 Information Sharing and Disclosure We do not sell your personal information. We may share information only with:
Creators: Anonymised learning analytics, plus your email address as part of the reciprocal knowledge-sharing relationship. When creators share their mātauranga with you, you agree to share your email address with them so they can understand who is participating in the exchange of their knowledge. Creators may contact you to follow up or ask how the knowledge they shared was used, fostering the reciprocal relationship inherent in traditional knowledge sharing
Payment Processors: Stripe (for transaction processing)
Analytics Providers: Google Analytics (anonymised data only)
Support Services: Customer messaging and technical support providers
Legal Requirements: Court orders, regulatory investigations, safety emergencies
4.5 Your Privacy Rights Under the Privacy Act 2020, you have the right to:
Access: Request copies of your personal information and learning records
Correction: Request corrections to inaccurate information
Information about collection: Ask how and why we collect your information
Information about use: Ask how we use and disclose your information
Complaints: Lodge complaints with the Privacy Commissioner
Contact us at [email protected] to exercise these rights. We'll respond within 20 working days as required by law.
4.6 Learning Progress Data
Your learning progress and assessment results remain private to you unless you choose to share them
Creators receive only anonymised engagement statistics, not individual learner identity or performance data
You can request deletion of your learning history at any time
5.1 Content Pricing Models Kaha Create supports various access models:
Free content: Available to all learners at no cost
Koha-based content: Voluntary contributions based on value received
Paid content: Fixed pricing set by creators
Subscription access: Ongoing access to collections of content
5.2 Payment Processing
All payments are processed securely through our payment provider (Stripe)
GST is automatically calculated and included in displayed prices where applicable
You'll receive confirmation and receipts for all transactions
5.3 Refund Policy Free and Koha Content:
No refunds applicable as no mandatory payment required
Paid Content:
14-day refund period from date of purchase
Refunds available if you haven't accessed more than 25% of the content
Refunds may be denied for completed courses or if content has been downloaded
Technical issues preventing access will result in full refunds regardless of usage
Refund Process:
Contact [email protected] with your request
Include your order number and reason for refund
Refunds processed within 5-10 business days
5.4 Koha Contributions For koha-based content:
Contributions are voluntary expressions of appreciation
No minimum contribution required
Koha reflects the traditional Māori value of reciprocal giving
Refunds not typically available for koha as these are gifts, but exceptions may be made for technical errors
6.1 Service Provision Standards Under New Zealand's Consumer Guarantees Act 1993, our Services are provided with reasonable care and skill. We commit to:
Maintaining platform availability for accessing learning content
Providing responsive customer support
Protecting your data and privacy
Facilitating appropriate access to learning materials
6.2 Consumer Guarantees Act Compliance For Personal Learning:
All Consumer Guarantees Act protections apply in full
If our Services fail to meet these guarantees, you're entitled to remedies under the Act
For Business/Professional Development:
Where you access content for business purposes, guarantees may be limited to the extent permitted by law
6.3 Content Quality and Accuracy Disclaimers Educational Content Warning:
Content is created by independent creators and shared for educational purposes
We do not verify, endorse, or guarantee the accuracy of learning content
Creators are responsible for the accuracy and appropriateness of their content
You should verify important information independently before relying on it
Professional Advice Disclaimer:
No content constitutes professional advice (medical, legal, financial, therapeutic, etc.)
Always consult qualified professionals for specific advice related to your circumstances
Learning content is for educational purposes, not professional consultation
Cultural Content Sensitivity:
You must respect cultural protocols when accessing Cultural Content
Misuse of Cultural Content may cause cultural harm
You're responsible for understanding and respecting cultural boundaries
6.4 Liability Limitations To the extent permitted by New Zealand law:
We are not liable for decisions you make based on learning content
Our liability is limited to the amount you paid for specific content, or NZ$100, whichever is greater
We are not liable for indirect, consequential, or special damages
These limitations do not apply to liability that cannot be excluded under New Zealand law
7.1 Account Requirements
You must be at least 16 years old to create an account
You must provide accurate information when creating your account
You're responsible for maintaining the security of your account credentials
7.2 Acceptable Use as a Learner You must:
Engage respectfully with learning content and creators
Follow cultural protocols associated with accessed content
Provide constructive feedback when requested
Use the platform for legitimate learning and development purposes
Report inappropriate content or behaviour
7.3 Prohibited Activities You may not:
Share account credentials or circumvent access controls
Attempt to copy, download, or redistribute content without permission
Use content in ways that violate intellectual property rights or cultural protocols
Engage in harassment, discrimination, or disrespectful behaviour
Provide false or misleading feedback or reviews
Attempt to contact creators outside the platform without their consent
7.4 Account Termination By You:
You may close your account at any time through account settings
Learning progress data will be retained for 30 days for potential account recovery
By Kaha Create:
We may suspend or terminate accounts for violations of these Terms
Fair notice and opportunity to respond will be provided except where immediate action is required
You'll have access to export your learning progress data before termination
8.1 Multi-Tiered Resolution Process Disputes will be resolved through:
Direct discussion: Good faith conversation for 30 days
Mediation: Through New Zealand Dispute Resolution Centre if discussion fails
Arbitration: Binding arbitration under NZDRC Rules if mediation unsuccessful
8.2 Content-Related Disputes For issues with learning content:
First attempt resolution directly with the creator through platform messaging
Contact our support team if direct resolution isn't possible
For Cultural Content disputes, cultural advisors may be consulted with agreement of parties
8.3 Governing Law These Terms are governed by New Zealand law. New Zealand courts have exclusive jurisdiction over disputes that cannot be resolved through the above processes.
9.1 Service Availability
We strive for high platform availability but cannot guarantee uninterrupted access
Maintenance windows may temporarily affect content accessibility
Creator decisions to remove or restrict content will affect your access
9.2 Terms Updates
These Terms may be updated periodically
Material changes will be communicated with 30 days' notice
Continued use following notice constitutes acceptance of updated Terms
9.3 Contact Information For questions about these Terms or our Services:
Email: [email protected]
Address: 8 Kereru Bend, Tawa, New Zealand
Effective Date: 31/07/2025
Last Updated: 31/07/2025
