Terms and Conditions

The use of this website is subject to the Terms of Use as detailed below in conjunction with our Privacy Policy (together the Terms and Conditions) which together constitute the full agreement between you and Allison Fisher Limited (us, our, we). By using this website you acknowledge that you have read, accepted and agree to be bound by the Terms and Conditions.

If you intend to transact through this website (i.e purchase services) then you warrant that you are at least 18 years of age, that you have the power to enter into this agreement and you acknowledge that this agreement creates binding and valid legal obligations upon you.

If you do not agree with, or do not wish to accept, the Terms and Conditions relating to this website, or you are under the age of 18, then you must not use this website. If you do not accept our Terms and Conditions you may not be able to access certain sections of this website.

1. Purchasing and prices

1.1 You can purchase training through this website, on the terms and at the prices set out on this website.

1.2 We reserve the right to amend or correct prices at any time, for any reason.

1.3 Payment is required at the time of purchase. Payment is processed through our third-party payment service provider. We do not receive or retain your payment information.

1.4 We may decline an order at any time, for any reason, even after payment is made. If we decline an order, we will refund you any amount paid to us.

2. Training

2.1 If you purchase training through the website, please make sure that you carefully read the information on the product page relating to the training. Additional terms relating to the training are set out on the product page, including:

(a) what sessions are included;

(b) any pre-requisites to completing the training;

(d) what materials you require to complete the session.

Please make sure that you read them carefully before purchasing the training product. We will not provide a refund if you later complain about something that is covered in the product descriptions.

2.2 Training materials (including all training and other content created, distributed or promoted by us, whether through the website or otherwise) (Training Materials) are only provided for your own personal education, and you may only download and retain the Training Materials for that purpose. Without limiting the foregoing, no adaptation, copying, on-sale or gifting of Training Materials is permitted. We may remove access to the Training Materials in accordance with the product terms or by providing reasonable notice to you.

2.3 We do not provide personalized guidance or direction, and by purchasing any training through the website, you acknowledge and agree with these limitations inherent within the Training Materials and are continuing to participate at your own discretion.

2.4 We will provide all training to the best of our ability, but we do not guarantee that it will be appropriate for you or relevant to your level of skill, or that it will meet your particular needs. If you have any questions about the training offered through this website, please ask them before you buy the training.

2.5 There are no formal qualifications associated with any of the training offered through this website.

2.6 If you purchase training through the website, we will comply with our legal obligations in relation to refunds. If we cancel or change the time or date of any training, or you cancel your registration for training, a refund may be available in accordance with our refund policy. No refund is available where the training was provided as described on the relevant product page.

3. Copyright and Trademarks

3.1 All intellectual property rights (including copyright and trade mark rights) in the contents of this website and all works relating to the services that we provide, including all Training Materials, are at all times our sole property.

3.2 You may not copy, distribute, reproduce, display or publish any, or any part of any, content of this website or any work relating to any services, including any Training Materials, or any trade mark that appears on this website, for any purpose whatsoever without our prior written approval. You agree to indemnify us against any claims, costs, damages or losses incurred by us should you fail to comply with this clause.

3.3 Without limiting the foregoing, you agree that you will only use the Training Materials for your own personal educational purposes, and not for any other purpose. You may not use any Training Materials to provide training or any other services to any other person, or on-sell any such Training Materials. You may not amend, or create any derivative works from, any Training Materials.

4. Advertisers and Linked Sites

4.1 The display on our website of any advertiser or the provision of a link to a third-party website does not constitute our endorsement of either the advertiser or third-party provider or any of their website content or business practices. As we do not have any control of the content of any third party websites, access to such websites is at your sole risk and we recommend that you thoroughly review the terms and conditions of use and the privacy policies of any third party website before you access such website.

4.2 We will not be liable to you or any other person in relation to any dealings, promotions or activities between yourself and advertisers or third-party providers.

5. Details

5.1 You undertake and warrant that all information you provide to us is true, current and complete. You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time. You are wholly responsible for any error that occurs because you have not given us correct, up-to-date or complete contact or other details.

5.2 You agree not to:

(a) impersonate another person;

(b) use a false name or a name you are not authorised to use; or

6. Specifications and Information

6.1 Specifications and information provided on this website, including information contained in Training Materials, are given in good faith based on our knowledge, experience and information derived from sources believed to be accurate at the time the information is received by us. We do not warrant that any specifications or information provided on this website, including in any Training Materials, will be accurate, complete or up-to-date, and, to the extent permitted by law, we will not be liable if any specifications or information are inaccurate, incomplete or out-of-date.

7. On-Line Ordering

7.1 Display on this website does not guarantee the availability of any particular services. All orders placed through this website shall be subject to confirmation of acceptance by us. Confirmed orders for training will show when the training session is scheduled, but we reserve the right to change the timing of a training session if reasonably required, by notice in writing to you. If we change the timing of a training session, we may offer a refund in accordance with our refund policy.

8. Changes to Terms and Conditions

8.1 We reserve the right to change any of the Terms and Conditions at any time. The amended Terms and Conditions will be effective once they are uploaded onto this website.

8.2 By continuing to use this website, including by ordering any services, you shall be deemed to have accepted the amended Terms and Conditions. If you do not wish to accept the amended Terms and Conditions, you must stop using the website.

9. Continuous Service

9.1 Due to the inherent nature of websites we cannot guarantee uninterrupted or continuous availability of this website and you accept that the website may be unavailable from time to time for scheduled or unscheduled maintenance or scheduled upgrades, or for any other reason. This mean that, where you are accessing Training Materials online, we do not guarantee that they will be available at any particular time.

9.2 We are not liable to you or any other person in relation to website downtime whether scheduled or otherwise.

10. Errors and Complaints

10.1 You must contact us immediately if there is an error or omission in any of the information within the website.

10.2 We will use all reasonable endeavours to correct any such error, but we will not be liable for any losses (whether direct, indirect, or consequential) arising from an error or omission in the information listed within the website, including within any training materials.

11. Security

11.1 We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard the information you provide to us from access or use by unauthorised persons, but we provide no warranty or guarantee as to security.

11.2 You are responsible for keeping your login information, including your email address and password, secret and secure. You agree not to permit any other person to use your name or access your account and not to disclose (directly or indirectly) any information that may allow another person to gain access to your account.

12. Termination of Use

12.1 These Terms and Conditions and your access to our website may be terminated by us (at our sole discretion) at any time without notice or any requirement to give you a reason why.

12.2 In the event of termination under this clause we shall have no liability to you or any other person whatsoever (including for any consequential or direct loss you may suffer), although we may provide a refund in accordance with our refund policy.

13. Jurisdiction

13.1 This website (excluding any linked third-party sites) is controlled by us from our business premises in New Zealand. It can be accessed from countries around the world to the extent permitted by the website. These Terms and Conditions and any dealings, actions or claims arising out of, or in relation to, the website, any goods and services or these Terms and Conditions, will be governed by the laws of New Zealand irrespective of any conflict with any laws and statutes applicable to your country of domicile.

13.2 You hereby submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute under or in connection with the Terms and Conditions or relating to the website or any goods and services and agree that any legal proceedings will be conducted in English.

14. Compliance with policies

14.1 By using the website, you agree to comply with any policies or other requirements issued by us from time to time, and those policies and other requirements will form part of these Terms and Conditions.

15. Indemnity

15.1 You agree to at all times indemnify us and our officers, servants and agents against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our officers, servants and agents arising out of or in connection with your use of the website, your use of any Training Materials, any information provided by you and/or any breach of these Terms and Conditions.

16. Liability and waiver

16.1 To the extent permitted by law, we make no representation or warranties about the website or the services offered through this website, including any warranty that the services are appropriate, available or suitable for any particular use.

16.2 To the extent permitted by law, in no event will we be liable to you for any indirect or consequential losses under or in connection with these Terms and Conditions, the website or any services provided through the website.

16.3 If we are found to have any liability under or in connection with these Terms and Conditions, the website or any services provided through the website, our liability will be limited to an obligation to, at our option, either reperform the services ordered by you or provide you with a refund for those services. Subject to that obligation, in no event will our liability arising out of all claims under these Terms and Conditions or relating to the website or any services provided through the website in any circumstances exceed NZ$100. Nothing in this clause limits our liability to the extent not permitted by applicable law.

16.4 Our failure or delay to exercise any right or remedy we may have under these Terms and Conditions will not be construed or operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.

16.5 We will not be liable for any breach of, or failure to perform, any of our obligations under the Terms and Conditions where such breach or failure is caused by anything beyond our reasonable control, including (without limitation) war, civil commotion, hostility, act of terrorism, strike, lockout, other industrial act, pandemic or epidemic, weather phenomena or other act of God, governmental regulation or direction.

Last updated [May 2021]