Scope and Definitions
The terms “we”, “our” and “us”, when used in these terms mean RLNZ, the term “you” and “your” mean you, our customer or user, and the term “parties” means RLNZ and you collectively.
“Business Day” means any other day of the week other than Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, Labour Day, Waitangi Day, and if Waitangi Day or Anzac Day falls on a Saturday or Sunday, then the following Monday.
RLNZ owns this website and all the material contained in this website. Unless stated otherwise in writing by us, you are permitted to view this information only, and you must not copy or use any material on this website, or in any way deal with our website, other than as promoted by us on our website. You are only permitted to use the material on our website for your own individual use. In particular but without limitation, you must not make any use of any trademarks displayed on our website (whether ours or a third party’s) without our prior written consent. All trademarks and copyright notices as they appear on this website must be included in any copy you make. Unless expressly stated in the website, you must not adapt or amend any part of the material without the prior written consent of RLNZ.
You agree not to assert any intellectual property claims against us regarding any content displayed on our website.
Exclusion of Liability
To the maximum extent permitted by law, we will not be responsible or liable to you or any other person for any loss or damage incurred by you (whether direct or indirect) in relation to your access and use of the website, including if the website is unavailable (in whole or part) or performing slowly, in connection with any errors, omissions or misstatements in any material on the website; or, resulting from any breach of these Terms and Conditions by anyone else.
This exclusion applies regardless of whether our responsibility or liability arises in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage).
If you are using the website for business purposes, we:
a. to the extent permitted by law, expressly contract out of all provisions of the Consumer Guarantees Act 1993 (CGA); and
b. will not be liable to you in any event, whether in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage) for any loss of goodwill or loss of profits for an amount in excess of the amount paid by you to us.
**Fees, cancellation and refunds **
Fees: Some of our products and services require fees and/or charges to be paid to us for your purchase or right to use the relevant product or service. Those fees and/or charges will be as displayed on our website or otherwise notified to you. You agree to pay all such fees and/or charges to us (without any deduction) before you purchase the relevant product or service, unless expressly stated otherwise by us. All fees and/or charges displayed by us on our website are deemed to be GST exclusive (unless expressly stated otherwise by us), and you agree to pay the required GST to us as well, at the same time payment is due. If you do not pay us on time as required, we will be entitled to apply interest at the rate of 5% p.a. calculated daily, as well as recover from you all of our reasonable recovery costs.
Notification: If a course is cancelled or rescheduled, we will use reasonable endeavours to notify you once we have received the relevant information and authorisation. If you book online, we will use your contact details to notify you.
Cancellation: Subject to refunds clause 17, if a course you have booked is cancelled in full (and not rescheduled), your order will be cancelled, and you will be refunded the price of the course (our handling fees and delivery fees are upfront charges for expenses incurred by RLNZ).
Rescheduled Events: Subject to refunds clause 17, if a course you have booked is rescheduled, your booking will be valid for the new date (or you will be offered a credit for a value corresponding with your original booking for the rescheduled course) subject to availability. If we are unable to offer you a valid booking for the new event date, or courses of a corresponding value for the rescheduled course, you will be offered a refund.
a. If you notify us before the specified deadline (which, if applicable, will be a reasonable period from the time the rescheduled date is announced), that you are unable to attend the rescheduled course, you will be able to cancel your order and obtain a refund of the price of your booking (our handling fees and delivery fees are upfront charges for expenses incurred by RLNZ).
b. Failure to notify us by any reasonable specified deadline that you require a refund will be deemed to be a reconfirmation of your order for the course, and you will not be able to claim a refund as a result of the reschedule (unless required by NZ Consumer Law). For the avoidance of doubt, unless required by NZ Consumer Law, no refunds will be available until the new date is announced (which will be done within a reasonable time) to allow us time to make arrangements for the rescheduled course.
**Dispute resolution **
Without prejudice to any other rights and remedies available to us, if we consider that you have breached these Terms and Conditions, we may immediately and without written notice to you, suspend or terminate your access to the website (or any part of the website). On suspension or termination, you must immediately cease using the website and must not attempt to gain access to the website.
These terms (and any other terms we display on our website) constitute the entire agreement between you and us with respect to your use of our website, products and services, and replace all prior understandings or agreements, written or oral, regarding the same.
If any provision of these terms is found to be legally invalid or unenforceable, that will not affect the validity or enforceability of the remaining provisions of these terms which remain in full force and effect.
Any failure by us to insist upon or enforce strict performance of any of these terms will not be construed as a waiver of any right or remedy we may have in respect of any existing or subsequent breach of these terms.
We operate our website for New Zealand members, customers and users. The information contained on our website may not be appropriate or available for use in other countries. If you access our website from other countries, you do so at your own initiative and risk.