Fee Protect Website Terms and Conditions

Application of Terms and Conditions

By accessing the Fee Protect website (“website”), you agree that the terms and conditions in this document apply to your use of the website. The provision of the services associated with this website is governed by the Trust Deed entered into between your organisation and Public Trust.

The entire agreement between you and Public Trust is these terms and conditions together with the Trust Deed. If there is any inconsistency between these terms and conditions and the Trust Deed, the Trust Deed takes precedence.

Changes to Terms and Conditions

We may add to, remove or change these terms and conditions from time to time. We will give you notice on the website of these changes and the date from when they become effective. Your continued use of the website will indicate your acceptance of the changes. If you do not wish to accept them, you must not access the website.

Access

A user ID will be created for you and you will be required to set a password before you can access and use the website.

You must keep your user ID and password confidential and secure at all times and you accept responsibility for any unauthorised use where you fail to keep your user ID and password confidential and secure. You must notify Public Trust immediately if you suspect any breach of such confidentiality.

If you provide your user ID and password to any third parties including your employees and any other users you authorise to access the website, you will remain responsible for the use of those log in details.

Information Supplied by You

You are responsible for and must take all reasonable care to ensure the information you supply to Public Trust via the website is accurate. You must advise Public Trust as soon as possible if you observe any incorrect or inaccurate information.

Breach and termination

You are prohibited from using the website for any unlawful purpose or in contravention of these terms and conditions.

If you breach these terms and conditions or any associated Trust Deed, Public Trust may immediately temporarily suspend or permanently prevent your access to all or certain parts of the website.

Suspension of Website

Public Trust does not guarantee the continued availability of the website or the continuation of any services provided on it. Access to the website may be interrupted, restricted or delayed from time to time. Where practicable, Public Trust will give you notice of any anticipated website outages.

Disclaimer

While all reasonable care is taken to provide a secure website, Public Trust will not, under any circumstances, be held liable for any loss, damage or liability caused by any breach of security including unauthorised access to or use of this website.

To the full extent legally allowable, Public Trust will not be responsible for damages or losses (including financial loss, loss of revenue, loss of profits or savings, indirect or consequential losses) arising in contract, tort (including negligence) or otherwise from your use of, or inability to use, the website.

Customer Acknowledgements and Indemnities

You agree to follow any instructions supplied to you in relation to the use of the website and you agree not to use, or permit the use of the website for any illegal or improper purpose. Public Trust is not liable for refusing to accept any instruction, or for good faith acceptance of any instruction believed on reasonable grounds to have been appropriately authorised (whether or not it was so authorised). You agree that should you, or any other person claiming to be you, act fraudulently, Public Trust is not liable for following those instructions.

You agree to release, discharge, and indemnify Public Trust from and against all actions, claims and liabilities arising from or in relation to instructions that you or another person submit to us on the website using your user ID and password (including instructions that result from any unauthorised or fraudulent use of your user ID and password), or your or another person’s use of the website.

Jurisdiction

These terms and conditions and any agreements with Public Trust arising from the website are deemed to have been made in New Zealand and are governed by New Zealand law and the parties submit to the exclusive jurisdiction of the New Zealand courts.

All transactions on the website are governed by the Trust Deed.

Links

This website may contain material produced by third parties or links to other sites. Public Trust does not accept any responsibility or liability in relation to such third party content or for any information contained in any website accessed via a hypertext link from the website or any other website that is linked to the Fee Protect website. The content, accuracy and opinions expressed in such websites are not necessarily checked, monitored or endorsed by Public Trust.

Intellectual Property

The materials contained on the website are protected under copyright and other laws of New Zealand, and under international conventions and similar laws abroad. Unless otherwise stated, copyright and other intellectual property rights in all material published on the website belongs to Public Trust.

The name and logo of Public Trust and certain other logos used on the website are the intellectual property of Public Trust. You are not permitted to use or reproduce or allow anyone to use or reproduce these names and logos for any reason without our express written permission.

Consumer Guarantees Act

You certify that you are accessing the website on behalf of a private training establishment, which is ‘in trade’ for the purposes of the Consumer Guarantees Act 1993 (“CGA”) and Fair Trading Act 1986 (“FTA”). You agree to contract out of the CGA and sections 9 (Misleading and deceptive conduct generally), 12A (unsubstantiated representations), and 13 (False or misleading representations) of the FTA.

You acknowledge that the effectiveness of contracting out of the CGA and FTA is subject to compliance with statutory tests including that it is fair and reasonable that you are bound by those terms. Public Trust makes no representations or warranties as to the validity or effectiveness of contracting out the CGA and FTA.