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.
We may add to, remove or change these terms and conditions from time to time. Updated terms will be published on the website together with the effective date.
You are responsible for reviewing the terms and conditions each time you access the website. Your continued use of the website after the effective date constitutes acceptance of the updated terms. If you do not accept the updated terms, you must immediately cease accessing the website.
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 party (including employees, contractors or authorised users), you remain fully responsible for all access to and use of the website using those credentials, as if the use were by you personally.
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.
Public Trust will collect, hold, use and disclose personal information in accordance with the Privacy Act 2020 and Public Trust’s applicable privacy statements.
You warrant that any information (including personal information) you provide via the website is collected and supplied lawfully and that you are entitled to provide it to Public Trust for the purposes of administering the Trust Deed.
Public Trust is not responsible for the accuracy, completeness or legality of any information entered into the website by you or on your behalf
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.
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.
Public Trust will not be liable for any failure or delay in making the website available, or for any interruption to services, to the extent caused by events beyond its reasonable control, including (without limitation) acts of God, natural disasters, war, terrorism, cyber incidents, failure of utilities or telecommunications networks, or the acts or omissions of third-party service providers
While all reasonable care is taken to provide a secure website, to the maximum extent permitted by law, Public Trust will not be liable for any loss, damage or liability arising from any breach of security, including unauthorised access to or use of the 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.
To the maximum extent permitted by law, Public Trust’s total aggregate liability arising out of or in connection with the website, these terms and conditions, or any use of or inability to use the website (whether in contract, tort (including negligence), equity, statute or otherwise) is limited to the lesser of:
the fees paid by you to Public Trust under the relevant Trust Deed in the 12 months preceding the event giving rise to the liability; or
NZD $$$$. Nothing in these terms and conditions limits or excludes liability that cannot lawfully be limited or excluded.
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
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
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.
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
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.