General
This website (Site) is GunSafe and its affiliates and related entities(referred to on this Site as we, our or us). Your use of this Site is governed by these Terms of Use. By accessing and browsing this Site you agree to be bound by these Terms of Use.
Other Terms and Conditions
If you wish to engage us for the services we provide, subscribe to the document library or engage us in training, such services, subscriptions and training will be subject to separate terms and conditions which you will agree to as a requirement of the supply (as applicable).
Intellectual Property
All intellectual property on this Site, including without limit, the text, graphics, copyright works and trademarks, is owned by us (or by third-party content suppliers). We are the exclusive owner of all rights in the compilation, design and layout of this Site.
Right to Use Site and Content
You may access, view, reproduce, use and print the content on this Site (Content), provided:
- where Content has been provided to you in connection with any product or service you acquire from us, you may access, view, reproduce, use and print that Content to the extent required for the purpose of using that product or service in the manner in which it is intended to be used; and
- you only use Content for informational, non-commercial purposes; and
- any reproduction of Content includes a prominent acknowledgement of our rights in the relevant Content.
You may not use this Site, or the Content, for any other purpose or in any other way. If you wish to link to any part of this Site, you must get our prior written consent. We reserve the right to prohibit links to this Site, and you agree to remove or cease any link upon our request. You may not frame any part of this Site material by including advertising or other revenue-generating material except with our prior written permission.
Disclaimer
The information provided on this Site is for general information only and has not been prepared by taking into account the particular objectives, situation or needs of any individual users. Use of information and other Content on this Site is at your own risk.
Although we have tried to ensure the Content is current, accurate and complete, we do not guarantee that the Content will be current, accurate or complete when you access it. Information and posts are added at our discretion, and while we will take action within reasonable times for any error that is brought to our attention, we do not always review past postings to determine whether they remain accurate.
Third-Party Websites and Materials
This Site may contain links to third party websites. These websites have not been prepared by us and are not controlled by us. They are provided for your convenience only and do not imply that we check, endorse, approve or agree with third party websites this Site links to.
Indemnity
You agree to indemnify us, and our related companies, suppliers and affiliates in respect of any damages, losses, costs or expenses (including reasonable enforcement costs, whether incurred on a solicitor and own-client basis or otherwise) suffered or incurred as a result of any breach by you of these Terms of Use (including our Privacy Policy) or asserted by any third party due to or arising from or in connection with your use of or conduct on this Site, or from any content or messages posted or transmitted by you on or through the Site.
All Liability Excluded
To the extent permitted by law:
- all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Site or the content on or accessed through it; and
- we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Site or the content on or accessed through it.
If any applicable legislation implies any condition or warranty that we are prohibited by legislation from excluding or modifying the application of, or our liability under, then to the extent permitted by law our liability for breach of all such conditions or warranties will be limited to the charges paid by you (if any) in the twelve-month period prior to any breach first occurring. Notwithstanding any of the foregoing, if the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above, however, if you are using this Site or the Content for business purposes, the above exclusions and limits will apply, and the New Zealand Consumer Guarantees Act 1993 will not apply.
Termination
We may, at our discretion, suspend or restrict your access to this Site or any part of it for any reason, including a breach of these Terms of Use. We will notify you of such suspension or restriction by email or at the next time you attempt to access your account. You may also delete your account or disable your registration at any time. In all such cases the provisions of the sections of these Terms of Use entitled “Intellectual Property”, “Right to Use Site and Content”, “Indemnity” and “All Liability Excluded”, together with those other provisions of these Terms of Use which are incidental to and required in order to give effect to those provisions, will remain in full force and effect.
Privacy Statement
Our Privacy Policy governs the collection, use and disclosure of your personal information by us. Our Privacy Policy forms a part of these Terms of Use.
Jurisdiction and Governing Law
This Site and Content has been prepared in accordance with the requirements of New Zealand law. These Terms of Use and any matters or disputes connected with this Site will be governed by New Zealand laws and will be dealt with by New Zealand courts, and you agree to submit to the jurisdiction of New Zealand courts.
Amendments
We may amend these Terms of Use from time to time, and you should check and read these Terms of Use regularly. By continuing to use this Site after any such amendment, you are deemed to have agreed to the amended Terms of Use.
Security of Information
You agree to keep any username and password that enables you to access our Site secure and confidential. You are responsible for all access to, and use of, the Site using any such username and password. You must notify us of any actual or suspected unauthorised use of any such username and password.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information, password or identifier with any other person.
Contacting Us
If you have any questions or concerns in relation to the Site or these Terms of Use, please contact us.
Training
Introduction
The following terms and conditions (Training Terms) apply to all training courses, including online modules, in-class learning, away courses and workshops. By making a booking for a seat on one of our Training Courses (Course Seat), you, and anyone you book a Course Seat for, agree to be bound by these Training Terms.
Bookings
You must have an account (Account) on our website (Site) before you can book a Course Seat. To create an Account, you will be required to complete the online registration process on our Site. We reserve the right, at our absolute discretion, to decline your application for registration, in which case you will not be entitled to book a Course Seat. If we accept your application for registration, you will receive a confirmation by email.
You can book Course Seats through your Account for Learners, defined as:
- yourself; or
- on behalf of your company or the organisation you represent, for selected individuals
Where you are booking course seats for Learners other than yourself, you must ensure those Learners are aware of and agree to comply with, these Training Terms.
You warrant that:
- all information you submit as part of our registration process, and all other information you provide to us is correct and accurate;
- you will maintain and update the information provided to us by you or on your behalf, and you will notify us if any of that information ceases to be current and accurate; and
- you have the appropriate authority to:
- provide information about all Learners to us for the purposes outlined in our privacy policy; and
- accept these Training Terms on behalf of all Learners for whom you have booked a Course Seat.
Right of Admittance
We reserve the right to refuse admittance of any Learner or ask any Learner to leave any course. Reasons for refusing a Learner admittance to, or removing a Learner from any course include, but are not limited to:
- arriving more than 15 minutes after the start time of the course;
- being under the influence of drugs or alcohol;
- being disruptive or intimidating;
- using a cell phone (or an equivalent device) during the Site Safe Training Course;
- is unable to communicate in English to the extent deemed necessary for Training
- being noticeably ill, in which case, the Learner may re-book the same Site Safe Training Course free of charge once that Learner has recovered from his or her illness.
If a Learner has been refused admittance or removed from the course, we will provide a written reason to you, or your company or organisation, explaining the circumstances for our refusal of admittance or removal of that Learner.
Learner Responsibilities and Requirements
All Learners attending a course must be:
- respectful of the rights of others on the Site Safe Training Course;
- punctual when attending the Site Safe Training Course; and
- prepared to attend and complete the entire Site Safe Training Course without interruption. In order to cater to the specific training needs of the Learners for a Site Safe Training Course, we require you to notify us when the booking is made or at least 48 hours prior to the start date of the Site Safe Training Course if any of the attending Learners have the following:
- English language difficulties;
- access requirements (e.g. wheelchair access);
- hearing impairment;
- learning difficulties or behavioural issues;
- sight impairment;
- any medical conditions;
- special requirements due to a religious belief;
- special dietary requirements; or
- any other circumstances that may impact on the Learner’s ability to fully participate in the relevant Site Safe Training Course.
Payment
All invoices issued by us for payment in connection with a course, or other fees, are payable within 7 days of the date of the invoice unless by prior agreement.
If full payment for the goods or services is not made on the due date, then without prejudice to any other remedies available to Site Safe:
- cancel or withhold supply of further goods or services;
- remove your ability to pay by invoice;
- interest on the monies overdue may be charged; calculated by adding 5% per annum to the overdraft rate payable by us to our bankers at the time of and during such default. Interest shall continue to accrue until payment has been made;
- the Purchaser shall be responsible for all costs incurred by us in recovering such monies;
- debt collection steps may be activated.
If the Purchaser disagrees with an invoice provided by GunSafe: (a) The Purchaser must notify GunSafe in writing no later than 10 working days following receipt of the invoice, setting out in reasonable detail the nature of the Invoice, dispute and the reasons for non-payment;
GunSafe will acknowledge receipt of such Invoice Dispute notice and will endeavour to promptly settle the Invoice Dispute by agreement with the Financial Accountant and
If on the resolution of the Invoice Dispute, an amount is due to GunSafe, the Purchaser will pay that amount to GunSafe within five working days of resolution of the dispute.
Where only a portion of an amount claimed in a tax invoice is the subject of an Invoice Dispute (Disputed Portion), this clause will only apply to the Disputed Portion and the balance of the amount payable in respect of that invoice must be paid by the Purchaser to GunSafe no later than the due date of the invoice.
GunSafe may set off against any monies owed to the purchaser to any monies which purchasers owes to GunSafe so that purchasers’ obligation shall be to pay the net balance only.
The prices are stated and billed in New Zealand dollars. We reserve the right to change prices for the from time to time.
Right to Charge Additional Fees
GunSafe reserves the right to charge additional fees for changes, cancellations, credit card transactions, non-standard course fees and other payment processing at a future date.
Intellectual Property
All GunSafe Training Course materials, including materials used in the Online Courses, training days, workshops (Materials) are owned by us. All intellectual property in or relating to all Materials available through the GunSafe Training Courses or Online Courses, including any design, graphics, text of all printed material, audio of presentations, and new intellectual property developed by or on behalf of us in the course of providing any GunSafe Training Courses (or Online Courses), is owned by us (or our licensors).
When Learners attend one of our GunSafe Training Courses (including our Online Courses), we grant the Learners a non-exclusive, non-transferable, revocable licence to use our Materials for the period of the GunSafe Subscription.
Except as expressly provided in these Training Terms, Learners may not copy, modify, distribute, publish, transmit or otherwise exploit any intellectual property described in these Training Terms.
Limitations on Liability
To the extent permitted by law:
- all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose of the GunSafe Courses for you or the Learner; and
- we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind suffered or incurred by you in connection with the relevant GunSafe Course.
If any legislation implies any condition or warranty that we are prohibited by law from excluding or modifying the application of, or our liability under, then to the extent permitted by law our liability for breach of all such conditions or warranties will be limited to the charges paid by you (if any) in the 12 month period prior to any breach first occurring.
Notwithstanding anything in these Training Terms, if the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above, however,, if you are undertaking the GunSafe Courses for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.
Terms of Use and Privacy Policy
You acknowledge and agree that our Site will have terms of use that will apply (Terms of Use) and that your use of the Site is governed by the Terms of Use.
You acknowledge that you have read our privacy policy, which sets out our policy regarding the collection, use and disclosure of personal information that we collect from you or which we obtain from a third party.
Jurisdiction and Governing Law
These Training Terms and any matters or disputes connected with these Training Terms will be governed by New Zealand laws and will be dealt with by the New Zealand courts, and you agree to submit to the jurisdiction of the New Zealand courts.
Assignment
Unless expressly stated in these Terms, you will not assign or otherwise transfer your rights or obligation under these Training Terms without our prior written consent.
Subscriptions
Introduction
1.1 The following terms and conditions (SubscriptionTerms) apply to subscribers, and potential subscribers, of GunSafe. As a GunSafe Subscriber, or by applying to become a GunSafe Subscriber, you agree to be bound by these terms.Application
We reserve the right to deny services to any GunSafe Member who, in our opinion:
- is or has been abusive, threatening or violent towards any of our staff, or anyone on our premises, or
- attempts, or has attempted to, or has received our services by deception.
Subscriptions
By becoming a subscriber, you acknowledge and agree:
- that your membership with us is non-refundable and non-transferable;
Fees
Subscriptions rotate on an annual basis around the start date.
We reserve the right to amend Fees in order to ensure continued and suitable services of high quality to GunSafe users.
Amendments
We reserve the right to amend these terms.
Terms of Use and Privacy Policy
You acknowledge that our site will have terms of use that will apply (Terms of Use) and that your use of our site is governed by the Terms of Use.
You acknowledge that you have read and understood our privacy policy, which sets out our policy regarding the collection, use and disclosure of personal information that we collect from you or which we obtain from a third party.
Third Party Products and Services
Any reference or mention to third party companies and/or products on the website of GunSafe is for informational purposes only. This information does not necessarily constitute either an endorsement or a recommendation. Unless clearly stated otherwise, all third party products and/or services must be ordered directly from the vendor and all licenses and warranties take place between you and the vendor. GunSafe accepts no liability whatsoever for the use or misuse of any third party companies and their products and/or services.