Home > Website Terms and Conditions (Terms)

Website Terms and Conditions (Terms)

Candlefox Limited (company number 7722957) trading as Training.co.nz

In these Terms, “we” and “us” mean Candlefox Limited (Candlefox) and “you” means you the customer or site visitor.

Access to and use of the website training.co.nz (Website), including the services and functionality provided by us through the Website, are subject to the following Terms as may be updated by us from time to time. For the avoidance of doubt these Terms do not govern the provision of goods and services made available by other parties through the Website including courses provided by Education Providers.

  1. Your acceptance

    1. These are the terms on which Candlefox permits users to access and use the Website , viewing Content provided by Candlefox, communicating with Candlefox and reviewing service information.
    2. You agree to be bound by these Terms by using, browsing or accessing any part of the Website.
    3. Candlefox may from time to time review and update these Terms to take account of new laws, regulations, products or technology, or for any other reason. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.

  2. Availability

    1. You should note that some countries have import restrictions on certain services. If you are outside New Zealand , you will be responsible for checking whether such restrictions apply before using the Website.
    2. Candlefox reserves the right to change the Website from time to time without notice to you. We also reserve the right to refuse to provide services and functionality made available through the Website for any reason.

  3. Content

    1. Candlefox has the right, but not the obligation, to monitor any information, course content, comment, content, communication, advice, text, or other material (Content) made available or posted on the Website. Candlefox reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.
    2. The Content on the Website is for general information purposes only. Furthermore, Candlefox does not warrant or make any representations as to any third party services described or referred to on the Website including any courses offered by any company or entity that provides education services or referral services who is a registered user of Candlefox (Education Provider). Any use of materials or information is at the user’s own risk.
    3. The Content on this Website is obtained and developed from a variety of sources including but not limited to Education Providers, collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website is not an endorsement of any organisation, Education Provider, product or service.
    4. Candlefox provides no endorsements of any Education Provider. You agree that you are solely responsible for reviewing any courses promoted on the Website by an Education Provider to confirm the course’s suitability to your needs, the content of the course and any qualifications promoted by the Education Provider for persons completing the course. Candlefox strongly recommends that you contact the Education Provider offering the course to determine its suitability to your needs.
    5. While care has been taken in preparing the Content on this Website, Candlefox and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.
    6. You agree to be solely responsible for any Content that you communicate or otherwise provide over the Website or to an Education Provider. You warrant and represent that any Content that you communicate or otherwise provide will not violate these Terms.
    7. If you have a complaint regarding any Content, Candlefox’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
    8. We endeavour to ensure that the contents of the Website are true and accurate. However, to the extent permitted by law we do not accept any responsibility or liability arising from the information contained on this Website including any errors that may exist.

  4. Links

    1. The Website may contain links to other websites, including those of Education Providers, referral service providers or advertising partners. Candlefox provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators or the goods, services or content that they describe.
    2. Other web sites which are linked to the Website (including Facebook, Twitter, Google), are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. Candlefox is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. Candlefox is not responsible for and will not be liable in respect of any incorrect link to an external web site.
    3. Without limiting clause 4.1 and 4.2 Candlefox is not responsible for and will not be liable in respect of courses offered by Education Providers. You will need to agree to the terms and conditions of those Education Providers in respect of any courses provided by them.
    4. You are not permitted to frame or link the Website without Candlefox’s express written permission.

  5. Access and communication

    1. To the extent permitted by law Candlefox does not warrant that you will have continuous access to the Website. Candlefox will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
    2. Candlefox does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and Candlefox does not guarantee the security or confidentiality of these communications or the security of the Website.
    3. Candlefox does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
    4. Details contained on the Website relating to goods and services have been prepared in accordance with New Zealand law and may not satisfy the laws of another country. Candlefox does not warrant that:
      1. the goods or services available on this Website; or
      2. the Website and its content,

      comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.

    5. If you access and use this Website or its content from outside New Zealand, you do so at your own risk.

  6. Privacy

    1. Any personal information submitted by you to Candlefox is subject to and will be handled in accordance with Candlefox’s privacy policy (Privacy Policy). The Privacy Policy forms part of these Terms and is set out at https://www.training.co.nz/privacy. You agree that, by using the Website or communicating with Candlefox, you have read, understood and agree to the Privacy Policy.

  7. Intellectual property

    1. All intellectual property rights, including copyright and patents, in the Website, Candlefox’s goods and services, and all components of them are owned or licensed by Candlefox or any of its related entities. You must not copy, modify or transmit any part of the Website.
    2. The Website contains trademarks, logos, service names and trade names of Candlefox or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other Content or copies of the Content appearing on the Website.

  8. Website licence and use

    1. Candlefox grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 9. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to Candlefox will be treated as non-confidential and non-proprietary information.

  9. Prohibited uses

    1. In using the Website you must not:
      1. engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;
      2. impersonate or falsely claim to represent a person or organisation;
      3. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
      4. post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
      5. post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
    2. Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.
    3. Candlefox provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release Candlefox from all applicable liability and responsibility.

  10. Termination of your access to the Website

    1. Candlefox may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including but not limited to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

  11. Warranties and limitation of liability

    1. To the extent permitted by law, Candlefox excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and services advertised or accessible on the Website. This site is provided on an “as is” and “as available” basis.
    2. To the extent permitted by law , Candlefox excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.
    3. To the extent permitted by law, Candlefox excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services advertised, accessible or sold on the Website.
    4. Notwithstanding anything in this clause 11, in the event that Candlefox is liable for a breach of these Terms, the maximum extent of Candlefox’s liability is limited at its sole and absolute discretion to either supplying the services again or the payment of the cost of having the services supplied again.
    5. If the Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above. None of clauses 11.1 to 11.4 or elsewhere in these Terms excludes or limits any liability that cannot be excluded by applicable law.

  12. Jurisdiction and law

    1. These Terms are governed by and must be construed in accordance with the laws of New Zealand . You submit to the exclusive jurisdiction of the courts of New Zealand in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

  13. Waiver

    1. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
    2. Any delay in taking any action against you will not constitute a waiver of that right of action.

  14. Severability

    1. Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
    2. If any of these Terms is or becomes invalid, void, illegal or unenforceable, that Term will be deleted.

  15. Entire Agreement

    1. These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Candlefox. Any waiver of any provision of these Terms will be effective only if in writing and signed by a Director of Candlefox.

  16. Contacting us

    1. If you have questions about the Website or these Terms please Contact Us.

Last updated: August 2021

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