Terms and Conditions
Pre Condition To Use: Do not use this website unless you have read these terms, and accept that they will govern your right to use and access our website and all the documents, links and information contained on it. If you choose to use www.certonline.co.nz website and download documents then CERTS ONLINE LIMITED will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and CERTS ONLINE LIMITED rights and obligations to each other.
Terms of trade
1. Definitions
In these conditions unless the context otherwise requires:
- Company means CERTS ONLINE LIMITED. Buyer means the person, or company buying the goods from CERTS ONLINE LIMITED.
- Products and/or services mean the products and/or services being purchased by the Buyer from CERTS ONLINE LIMITED.
- Contract means the contract between the CERTS ONLINE LIMITED and the Buyer for the purchase of the goods.
- Date of the contract means where the contract arises from a quotation given by CERTS ONLINE LIMITED, i) the date of acceptance of the order by CERTS ONLINE LIMITED; or ii) Where the contract arises from a quotation given by CERTS ONLINE LIMITED, the date upon written notification of acceptance of the quotation is received by CERTS ONLINE LIMITED.
- Contract price means the price of goods as agreed between the Buyer and CERTS ONLINE LIMITED.
- Person includes a corporation, association, firm, company, partnership or individual. Quotation shall mean price on offer for a fixed term. Manager is the companies appointed decision maker.
2. Acceptance
If any instruction is received by CERTS ONLINE LIMITED from the Buyer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.
3. Terms and Conditions
These terms and conditions and any subsequent terms and conditions issued by the CERTS ONLINE LIMITED shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer's responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
4. Price
4.1. The Price shall be as indicated on payment structure within the websites gateway option, consisting of 3 prepaid options. GST inclusive.
4.2. The Price shall be the Price of CERTS ONLINE LIMITED's current Price at the date of delivery of any goods.
4.3. CERTS ONLINE LIMITED reserves the right to implement a surcharge for alterations to specifications of products after the order has been placed.
4.4. The Buyer agrees that the cost Price shall be determined by the CERTS ONLINE LIMITED, and the purchase of credits is prior to receiving the service.
4.5. CERTS ONLINE LIMITED reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.
4.6. We work diligently to protect the security of your personal information, including credit and debit card information. When topping up your prepaid certonline account by credit/debit card, you may have the option to "save this card for next time". If you choose this option, your credit/debit card details are encrypted and securely stored by DPS or Paystation.
5. Payment, Late Payment, Default of Payment and Consequences of Default of Payment
5.1. The method of payment will be made by credit card only by secured payment gateway
5.2. Subject to any provision to the contrary in the Contract, payment (being cash unless otherwise arranged in advance and confirmed in writing by [insert your name or employees name here] or his appointee) shall be received on or before the [insert day here – this is commonly between twenty and thirty days of the invoice date] of the month following the date of CERTS ONLINE LIMITED's invoice to the Buyer, which shall be issued promptly on or after delivery of the goods.
5.3. Late payment shall incur interest at the rate of [insert interest rate here – be aware the average interest range is from 10% to 20%, but can vary depending on industry] per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by CERTS ONLINE LIMITED, but without prejudice to CERTS ONLINE LIMITED other rights or remedies in respect of the Buyer's default in failing to make payment on the due date.
5.4. Without prejudice to any other remedies CERTS ONLINE LIMITED may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), CERTS ONLINE LIMITED may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. CERTS ONLINE LIMITED will not be liable to the Buyer for any loss or damage the Buyer suffers because CERTS ONLINE LIMITED exercised its rights under this clause.
5.5. In the event that:
a. any money payable to CERTS ONLINE LIMITED becomes overdue, or in CERTS ONLINE LIMITED's opinion the Buyer will be unable to meet its payments as they fall due; or
b. the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
c. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to CERTS ONLINE LIMITED's other remedies at law
d. CERTS ONLINE LIMITED shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to CERTS ONLINE LIMITED shall, whether or not due for payment, immediately become payable.
6. Governing laws
These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.
7. Dispute resolution
CERTS ONLINE LIMITED will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
8. Reservation of title
Ownership and title of the goods remains with CERTS ONLINE LIMITED until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to CERTS ONLINE LIMITED, have been paid in full.
9. Liability
CERTS ONLINE LIMITED shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the CERTS ONLINE LIMITED obligations under the contract, including any cancellation of the contract or any negligence on the part of CERTS ONLINE LIMITED, its servants, agents or contractors, nor shall CERTS ONLINE LIMITED be liable for any loss, damage or injury caused to the Buyer's servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify CERTS ONLINE LIMITED against any claim by any such person.
10. Legal Responsibilities of the Buyer
- The buyer is responsible for all content that is entered into the certonline format producing the final COC or GSC. CERTS ONLINE LIMITED is not responsible for false information or incorrect reporting within the COC or GSC and is simply providing a service of recording buyer's information and storage of their results for future use.
- The buyer must hold a current license meeting all requirements of their Governing Board and associated legislation to enable the collating and filing of all or any information that is to be stored or created within the website www.certonline.co.nz.
- CERTS ONLINE LIMITED will do routine audits on all of its buyers/subscribers to make sure that there are compliant but takes no responsibility for the incorrect use of www.certonline.co.nz or any fabrication towards the identity of the buyer.
- Control of your password;
You are responsible for all actions taken with your user name, email address and password, including fees. Therefore we do not recommend that you disclose your certonline password to any third parties. If you choose to share your user name, email address and password or your information with third parties to provide you additional services, you are responsible for all actions taken with this information and therefore you should review that third party's privacy policy.
It is important for you to protect against unauthorised access to your password and to your computer. Ensure you logout when you have finished visiting certonline, especially if you access certonline from a shared computer.
11. Copyright And Restriction of Use
You are only permitted as a customer of CERTS ONLINE LIMITED to use the documents downloaded from its website for the purposes of conducting your business. You are not permitted to reproduce the document or alter the document once you have filed and used your credit function within the website www.certonline.co.nz . You are permitted to download a copy of the documents and retain them on computers used in your business for any legitimate or proper purpose of conducting your business. CERTS ONLINE LIMITED expressly reserves all copyright in its website and in all documents and information on its website.
12. Disclosing Information
CERTS ONLINE LIMITED collects personal information about you through your use of the Services and the Website, including:
- your registration details; and
- Information relating to your use of the Website and the content you access.
You agree that CERTS ONLINE LIMITED may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of CERTS ONLINE Limited, our users, or others, for promoting and marketing other CERTS ONLINE'S products and Services to you, and for any other use that you authorise.
13. Cancellation Policy
- Once the order has been placed and the credit has been applied against your subscriptions, you are unable to cancel your order for credits.
- credits are not transferrable to any other member Certonline
- credits have no expiry date
14. Refund Policy
If the incorrect subscription has been pre- purchased through our DPS then please contact Certonline through the email; This email address is being protected from spambots. You need JavaScript enabled to view it. and we will arrange a refund or help you through the pre payment procedure , or direct you to our CREDITING YOUR ACCOUNT within our FAQ’s.
Fit Out My Ride – 1st November 2016 – 28th February 2017
Your participation in CertOnlines Promotion ("FIT OUT MY RIDE") shall be deemed to be your complete acceptance of the Terms and Conditions herein. The following are the Terms and Conditions of The Promotion, which is sponsored by the operator of the Internet site www.certonline.co.nz ("CertOnline").
1. Only persons over the age of 18 are eligible for entry to The Promotion. You may be asked, at any stage, to provide CertOnline or a third party with proof of age and /or identity.
2. The Promotion shall take place on the date specified on the Promotion page on www.certonline.co.nz or 1st November 2016 – 28th February 2017
3. Each entrant shall be entitled to make one (1) entry into The Promotion per Certificate Created and submitted. In the event that CertOnline deems an entrant to have acted in bad faith with respect to the Promotion, the entrant shall be excluded from The Promotion and consequently ineligible to win the Promotional Prize, as defined below.
4. All entrants must have had a paid up subscription to CertOnline to be eligible for Prizes and have submitted a minimum of 10 Certificates within their Dashboard.
5. The 1st Prize for the Promotion is being a Credit to the value of $4,000 icl GST to be spent with CAMCO Industries. The credit can be used in house or via a delivery to your address via there sales team. The winner can also add to the value to obtain the fitt out they want.
6. The 2nd Prize for the Promotion is a Bosch Optiflow Gas Water Heater. This will be sent directly to the winner from Bosch New Zealand.
7. The 3rd Prize for the Promotion is a Bosch Cordless Power Drill. This will be sent out from CertOnline
8. The 1st Prize will be organised between the winner and CAMCO Industries directly, with initial liaison by CertOnline Rep to sort out the process.
9. CertOnline shall notify the winners via E-mail within thirty (14) days of The Promotion end date of 28th February 2017. The Promotional Prize must be used within sixty (180) days of CertOnlines receipt of the details of the winner.
10. Notwithstanding Section 6 above, in the event that, for any reason whatsoever, the Promotional Prize winner fails to respond, within thirty (30) days, to the E-mail notification of his/her winning, such winning entrant shall be deemed to have forfeited his / her claim to the prize and CertOnline shall not have any obligation whatsoever to compensate the winning entrant in any way.
11. CertOnline's decision is final with respect to all matters relating to awarding of the Promotional Prize and shall not be subject to review or appeal by any entrant or by any third party.
12. Your participation in The Promotion is considered your agreement that CertOnline may contact you.
13. The Prize is neither transferable nor exchangeable and cannot be exchanged for money or money's worth.
14. By entering the Promotion each entrant unreservedly agrees to these terms and conditions which govern the Promotion and the awarding of the Prize.
15. By entering the Promotion each entrant agrees to release, discharge and hold harmless CertOnline, its legal representatives, affiliates, subsidiaries, agencies and their respective officers, directors, employees and agents from any damages whatsoever suffered or sustained in connection The Promotion or the acceptance of the Prize.
16. The winning entrant shall be solely responsible for any taxes levied in relation to the delivery or receipt of the Promotional Prize.
17. CertOnline reserves the right to alter these Terms and Conditions at any time and in its sole discretion.
18. CertOnline reserves the right, at any time, to cancel, modify or suspend The Promotion if, in its sole judgment, The Promotion is not capable of being conducted as specified.
19. CertOnline reserves the right to disclose winner's name and identity.
20. These terms and conditions and any matters relating hereto shall be governed by, and construed in accordance with the laws of New Zealand.
PRIZES |
GASFITTERS |
|
1st Prize |
CAMCO FIT OUT TO THE VALUE OF $4000 INCL GST |
TO BE USED WITHIN 6 MONTHS ON SITE OR ORDER FOR DELIVERYDRIECT FROM CAMCO. |
2nd Prize |
1XBOSCH GAS WATER OPTIFLOW HEATER 26 (LPG/NG) |
SHIPPED DIRECTLY FROM BOSCH NZ- PHOTO REQUIRED FOR PROMOTION |
3rd Prize |
1 BOSCH 18V CORDLESS DRILL PACKAGE |
SHIPPED DIRECTLY FROM CERTONLINE- PHOTO REQUIRED FOR PROMOTION |
15. Contact Details
Certs Online Limited
PO Box 317, Whitianga
3510, New Zealand
M: 074 722 178
E: This email address is being protected from spambots. You need JavaScript enabled to view it.