Terms of Trade

The First Aid Training Company Ltd.

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Updated 15th May 2020

We may change this agreement from time to time. We will notify you about those changes by emailing you, writing to you or by putting a notice on our Website. The notice will set out the actual changes or will simply explain their general nature.

Any other changes to the terms of any agreement you may have with us must be accepted by us in writing.

1. DEFINITION OF TERMS

The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires:

“First Aid Training Company”, “First Aid Company”, “FATC”, “us”, “we” and “our” means First Aid Training Company Ltd.;

“Service”, means services or products provided by First Aid Training Company Ltd. to customers;

“Client” and “You” means the party or parties who enters into this agreement with FATC.

2. OTHER TERMS, CONDITIONS AND POLICIES

Our general site policy sets out our expectations in terms of conduct for anyone visiting our Website, whether our customer or not. Other separate policies may be applied at any time for our other services or products. If our services are used in contravention of these policies, we reserve the right to withhold, restrict, suspend or cancel your use of them.

3. OUR CONTACT DETAILS

If you need to contact us, you can either:

Freephone: 0800 12 13 20 Email: info@firstaidcompany.nz

Postal Address: PO Box 79201, Avonhead, Christchurch 8446, New Zealand

Website: www.firstaidcompany.nz

4. OUR COMMITMENTS TO YOU

In providing services to you, we will:

• Provide our services with care and skill to the best of our ability
• Begin providing you with services within a reasonable time or in accordance with any agreement we may have with you
• Make sure to the best of our ability that the services we provide do everything we say they will do
• Do our very best to provide our services but at no time will we guarantee that any service will be continuous or fault-free
• Restore any interrupted or faulty service as soon as we reasonably can

5. YOUR RESPONSIBILITIES TO US

When we supply a service or product to you, it is your responsibility to:

• Make sure all the information you provide us with is accurate and complete
• Follow all policies applying to your use of our product or services and any instructions about using them
• Use our products or services in a responsible way so as not to annoy anyone else
• Never introduce anything harmful or destructive (like a virus) nor gain access to, or interfere in any way with our, or anyone else’s computer system, Website or computer service
• Comply with all the appropriate New Zealand Laws including but not limited to the Privacy Act 1993, the Fair Trading Act 1986, the Copyright Act 1994, the Defamation Act 1992 and any relevant advertising codes of practice and any acts or codes that succeed them
• Make sure that everyone else who uses the products or services we supply to you, or who does anything in relationship with them, also meets these responsibilities

6. OUR CHARGES AND CREDIT ARRANGEMENTS

Our prices are stated in New Zealand dollars and exclude GST.

We may change our prices from time to time.

We will tell you about our charges for any service or training before we start providing that service.

At any time you may be required to:

• Provide satisfactory evidence that you will be able to pay the charges for our services
• Arrange a ‘fair’ bond, guarantee or other security

7. BILLING

Most of our services require that you to either pre-pay it via our Website or open an account with us and then we will invoice you each month with a certified GST invoice for the amount of the actual use.

The invoice which we send you will be based on our records. If you think there has been a mistake on your invoice, please contact the numbers shown on your invoice and we will investigate the matter for you.

We accept a credit card (Visa and Master card ONLY) payments for most of our services.

If you do not pay an invoice by the due date for payment:

• You may be charged interest on the unpaid amount from that date until you pay it; the interest rate is fixed at 27% PA and will be charged on unpaid amounts on a daily basis
• You may be required to pay any costs that are incurred by anyone (including debt recovery agents) in recovering the money you owe or in exercising any other rights, including commissions and the legal costs of a solicitor
• We may withhold, suspend, restrict or terminate any service we have provided you

8. IDENTIFICATION CODES, USERNAMES AND PASSWORDS

We may allocate identification codes, usernames and passwords for your use depending on which product or service you want. We may change any code or username but will allocate you a new code and/or username. We will always give you as much advance notice as we reasonably can before we make any change.

You are responsible for keeping confidential your account number, identification code or codes, username and passwords used by or allocated to you. We may assume that any request or instruction we receive is authorised by you if it is received along with suitable verification (for example, your account number, identification code, username or password).

9. YOUR RIGHTS TO COMPENSATION FROM US

Where we do not meet our responsibilities to you, we will make a refund limited to an amount equal to our average monthly charge to you for the period of the affected service. We will take the six month period leading up to the affected service to calculate the average monthly charge.

A refund is not available where we did not meet our responsibilities to you because we were not given correct information or through other causes beyond our reasonable control, or where we have withheld, suspended, restricted or terminated our service.

10. THE CONSUMER GUARANTEES ACT 1993

The Consumer Guarantees Act 1993 contains consumer safeguards which may apply to services we provide for you. Any rights you may have under that Act apply in addition to the rights set out above.

11. EXCLUSION OF ALL OTHER LIABILITY

We have set out your rights to claim compensation from us. We now exclude all other liability we may have to you. This exclusion applies (but is not limited to) for the benefit of the following people:

• First Aid Training Company Ltd.
• Network operators whose networks may be used to provide our service
• All companies directly or indirectly owned, partly owned or controlled by any of the people listed above
• All officers, employees, contractors, agents or representatives of all the people listed above
• Anyone else any of the people listed above is responsible for.

None of these people is liable to you or has to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies:

• Whatever you are claiming for (including loss of profits or business)
• However, liability arises or might arise if it were not for this clause

This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.

12. LIMITATION OF OUR LIABILITY

We have set out your rights to claim compensation from us and excluded all other liability we or any of the people listed above may have to you. If we or any of the people listed above are ever liable to you and, for any reason, cannot rely on the exclusion above, then this clause applies.

Where this clause applies, the maximum combined amount we and all the other people listed above will have to pay you and anyone else who uses the products or services we provide we provide for you (together) is:

• $1.50 for any event or any series of related events
• A total of $4.50 in any twelve-month period

13. OUR RIGHTS TO COMPENSATION FROM YOU

Where you do not meet your responsibilities to us, you must pay any reasonable expenses we incur in collecting any money you owe us or in exercising any of our other legal rights.

We recommend you talk to your insurer about arranging suitable cover for risks of loss or liability arising from these terms.

14. USING INFORMATION ABOUT YOU

In any relationship you have with us, we may collect information about you. The information may be obtained from you and others or generated within the equipment used to provide our services when you or anyone else uses our products or services. You may decide not to provide any of the information any of us seeks from you. However, if you do not provide it, we may not be able to provide services to you.

You may ask to see information any of us holds about you, and we will provide it to you as long as we can readily retrieve it, and you may ask that any details that are wrong and ask for them to be corrected.

We may hold the information and share it with employees, contractors, credit reference agencies and collection agencies. This enables us to:

• Provide services to you and others
• Send you bills and recover the money you owe
• Keep you informed of updated or new services available to you from other people and us
• Exercise any lawful right any of us has.

We may share with network operators any information required to enable you to use any of our products or services; this does not include your name and address.

We may disclose information about you to law enforcement authorities (such as the Police or the Department of Internal Affairs) if we think it is necessary; for example, to help maintain the law.

15. INTELLECTUAL PROPERTY RIGHTS

We may have intellectual property rights in the products or services we provide to you, in your Website and in our services including, for example, copyright, trademark and design rights. We retain all our rights when we provide a product or service to you.

We acknowledge that our clients own the ‘Intellectual Property Rights’ to all of the data displayed or contained within their Website however we retain all rights to the ‘source code’ that we have developed for the purpose of displaying that data at all times.

16. MEETING OUR RESPONSIBILITIES THROUGH AGENTS OR REPRESENTATIVES

We may have our approved agent or representative perform and have the benefit of all or any part of our side of any agreement you may have with us.

17. TRANSFERRING RIGHTS AND RESPONSIBILITIES

You may transfer and have someone else perform all or any part of your side of any agreement you have with us so long as you get our written approval first. We may transfer to someone else all or any part of our side of any agreement you have with us. We will tell you if we do this.

18. MORE THAN ONE CUSTOMER

Every person named as a customer in any agreement with us must meet all the customers’ responsibilities under that agreement.

19. SENDING BILLS AND NOTICES

Bills or other notices will be sent to the last physical or electronic address you have given us. We, our agents or representatives, and anyone to whom we have assigned the amounts you owe us can assume any bill or notice sent by physical post has been delivered five days after it has been posted and any bill or notice sent electronically has been delivered on sending unless we receive a ‘failed to deliver’ message. Please advise us promptly of any changes to you physical or electronic addresses.

20. RESPONSIBILITIES UNDER OTHER AGREEMENTS

We must meet all our responsibilities to you under every agreement we have with you. You must meet all your responsibilities to us under every agreement you have with us.

21. EACH TERM SEPARATELY BINDING

Each term of every agreement you have with us is separately binding. If for any reason we, you or any of the people listed in clause 15 cannot rely on any term, all other terms remain binding.

22. NEW ZEALAND LAW APPLIES

All our products and services are provided under New Zealand Law. You may take action against us only in a New Zealand court.