Terms & Conditions
TERMS AND CONDITIONS FOR EDUCATION4ADULTS.COM
- "the Provider” means education4adults.com, any person or entity acting for or on behalf of education4adults.com or with the permission or authority of education4adults.com.
- “Client” means any person accessing the website of the Provider or any entity purchasing Products from the Provider.
- “Products” means all products and services supplied by the Provider to the Client.
- “Price” means the price payable for the Products as agreed between the Provider and the Client in accordance with clause 14 of these Terms and Conditions.
- "Terms and Conditions" means these Terms and Conditions of Trade.
- These Terms and Conditions are to be read in conjunction with other documentation (if provided), if any, outlining the provision of Products to the Client. In the event of any conflict between these Terms and Conditions and any other document, these Terms and Conditions shall prevail.
- Any engagement of the Provider’s services shall constitute acceptance of these Terms and Conditions by the Client. Should the Client comprise of more than one person, each of the persons comprising the Client shall be jointly and severally liable for full payment of the Price for the applicable Products.
- The Provider reserves the right, in its absolute discretion, to refuse to accept any order or any part of an order.
- By accessing this website or downloading or using any content from it, the Client agrees to these Terms and Conditions.
- If the Client does not accept and agree to all of these Terms and Conditions, they should immediately cease accessing the Provider’s website.
- The Client’s use, access and other activities relating to the Products must be in compliance with all applicable laws and regulations.
- The Products provided shall be as described on the website, invoice or any other form or document provided by the Provider to the Client.
- The Provider cannot guarantee the results of the Products provided, as many factors are outside of our control. Consequently, the Provider shall not be liable for any consequences of the provision of the Products to the Client, except for consequences arising as a direct result of the proven gross negligence on the part of the Provider, except as such limitation of liability is not permitted at law.
Price Payment and Payment Terms
- All Prices are depicted on the Provider’s website will be in New Zealand Dollars (NZD).
Payment shall be made, at the Provider’s sole discretion, by online payment (such as PayPal or credit card payment).
- Payment is not deemed to have been received until the payment appears as cleared funds in the Provider’s nominated account.
- GST, disbursements and other taxes and duties that may apply will be in addition to the specified Price unless they are expressly stated to be included in the Price.
Default and Consequences of Non Payment
- The Provider, at its sole discretion, may suspend or terminate the supply of Products to the Client with immediate effect, if any time, the Client is in breach of any obligation to the Provider (including those relating to payment). The Provider will not be liable for any loss or damages the Client has suffered as a result of the Provider exercising its rights under this clause.
- All material on this website - including pages, documents, graphics, audio, and video - is protected by copyright under the copyright laws of New Zealand and, through international treaties, other countries. The copyright on all material on this website is owned by the Provider (unless the content is identified as being the property of another party).
The Client authorises the Provider to:
- collect, use and retain any information about the Client, and to use this personal information for the purpose for which it was provided or for a purpose required or permitted by the Privacy Act 1993 or otherwise required or permitted by law; and
- keep any personal information provided by the Client secure and will not disclose it to any other parties without the Client’s prior consent or as required or permitted by the Privacy Act 1993 or otherwise required or permitted by law.
Exclusion and Limitation of liability
- The Provider shall not be liable to the Client for any special or consequential loss or damage of any kind. For the purposes of these Terms and Conditions, ‘consequential loss’ shall include without limitation, indirect loss, loss of use of product, loss of income or profits, and costs and expenses arising from, or as a result of, delays in delivery or any failure to deliver.
- The liability of the Provider in respect of any claim for loss, damage or injury of any kind arising shall not in any event exceed the price of the Product supplied by the Provider which gives rise to such claim, or the actual loss or damage suffered, which ever is the lesser.
Where the Client is not a ‘Consumer’ (as that term is defined in the Consumer Guarantees Act 1993) or where the Client is acquiring the Products for the purpose of a business then:
- the provisions of the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 shall not apply; and
- the only warranties, guarantees or undertakings the Provider gives the Client in relation to Products, are those which the Provider expressly stipulates to the Client in writing.
- Where the Client is a consumer, and not acquiring the Products for the purpose of a business, then notwithstanding anything contained in these Terms and Conditions the Client shall have all of the rights conferred on consumers by the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
- This site contains information and content created by the Provider. The Provider endeavours to the best of its ability to ensure that the information is true, accurate, and current. However, the Provider does not accept any liability for the accuracy of this information, for any content on the site, or for the results or consequences of your using any such information or content.
- To the extent permitted by law, the Provider excludes all warranties, representations, and guarantees regarding this website and the content of it.
Links to third-party websites
- The Provider does not accept any liability for the accuracy or content of information on this website belonging to third parties, nor for the accuracy or content of any third-party website that you may access via a hyperlink from this site. Links to other websites from this one should not be taken as endorsement of those sites or of products offered on those sites.
- When visiting other websites, please refer to the conditions of use and copyright policies of those sites.
Security and damage
The Client is responsible for ensuring that its own computer is secure, including taking all reasonable steps to:
- prevent someone misusing or getting unauthorised access to its computer system or to this website or our online Products, and
- ensure its computer system and data are free of computer viruses and all other forms of corruption.
- Users of this website assume all risks associated with any transfer of data or information to the Provider, and with any other use of this website. We are not liable for any damage arising from interception, loss, theft, other action or difficulty in transmitting information to us.
- The Provider will not be responsible in any manner for direct, indirect, special, or consequential loss caused in any way as a result of the use of its online Products, or this website.
The parties must follow the dispute resolution procedure described below before applying to the Court (except where a party seeks urgent relief from the Court):
- If any party believes that there is a dispute between the parties concerning these Term and Conditions, that party must give written notice to the other party/ies specifying the nature of the dispute (“the dispute”).
- The parties must use reasonable/best endeavours to resolve the dispute by negotiation between them (ensuring the dispute is dealt with by the appropriate level of management).
- If the dispute is not resolved under subclause 2 above within 10 working days (or such further period agreed by the parties), any party may (and must before applying to the Court) refer the dispute to arbitration by giving written notice to the other party/ies. The then current arbitration protocol of the Arbitrators’ and Mediators’ Institute of New Zealand Inc (“AMINZ”) will apply.
- These Terms and Conditions and the relationship between the parties shall be governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts.
- Neither party shall be liable for any default due to any act of God, war, terrorism, fire, flood, drought, storm or other event beyond the reasonable control of either party.
- The failure by the Provider to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Provider’s right to subsequently enforce that provision.
- The Provider may change these Terms and Conditions of use at any time by posting changes online. You are responsible for reviewing the amended terms and conditions, and your continued use of this website constitutes your agreement to the amended terms and conditions.
- If any provision of these Terms and Conditions is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions of these Terms & Conditions.
- Any notice or other communication in accordance with these Terms and Conditions will be given by electronic mail.
- Nothing in these Terms & Conditions shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. The Provider nor any other party to these Terms & Conditions shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.