Terms and Conditions

Effective from June 2019.

INTRODUCTION

1.1 Service: SitTight Child Restraint Education & Training Limited (referred to in these Terms of Use as we, us and our) provides online car seat installation training (Service).

1.2 Application of Terms of Use: These Terms of Use set out the basis on which we provide, and on which you may access and use, the Service. You are deemed to have confirmed your acceptance of these Terms of Use by accessing and using the Service.
You will not be able to use the Service if you do not accept these Terms of Use.

1.3 Privacy: The way in which we use personal information is explained in, and governed by our privacy policy. By using the Service, you accept, without limitation or qualification, the terms outlined in our privacy policy.

1.4 Permitted Purposes: Our Service is intended to be used for the purposes of providing you with a means of:

determining the correct and appropriate use of child restraints; and/or
providing online training material to customers about how to determine the correct and appropriate use of child restraints,

(the above being the Permitted Purposes).

1.5 Hosting: The Service is hosted by our hosting provider and made available to you as an online service via an internet browser.

ACCESS AND REGISTRATION

2.1 Access: You may access the Service by:

(a) creating and registering an account by completing the registration process through SitTight Child Restraint Education & Training Limited – if your registration is completed successfully, you will receive email confirmation; or

(b) accessing any applicable account that has been specifically established for you.

2.2 Existing Information: We may link, match or join information provided in connection with your Account to other information we hold about you, or that you provide through other sources that we consider may be relevant to the information, services and products that you may require from us from time to time.

GRANT OF RIGHT TO USE THE SERVICE

3.1 Right to Use: Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, non-sub-licensable right to use the Service solely for the Permitted Purposes (refer to clause 1.4) during any applicable period, as specified by us from time to time.

3.2 Separate Terms of Service: If you use the Service to request products or services from us, you acknowledge and agree that the provision of such products and services may be subject to separate terms of service that are particular to those products or services. These are available from us on request.

3.3 Payments for Services: We use third party service providers to process your payments through the Service. If you elect to pay for our services and products through the Service, you may be required to give us authorisation to charge your nominated credit card or debit card when payment is due for any amounts payable by you to us (including any applicable taxes and fees).

OUR RESPONSIBILITIES

4.1 Access: Subject to these Terms of Use, we will use reasonable endeavours to ensure the Service is available other than when we need to suspend or restrict access to the Service in order to carry out upgrades or other maintenance, or for operational or technical reasons. We do not guarantee that your access to, or use of, the Service will be uninterrupted, error-free or virus-free.

4.2 Security: We will do everything reasonably within our power to prevent unauthorised use or disclosure of the personal information about you that we hold in accordance with the privacy policy. However, we do not warrant and cannot ensure the security of any information which you transmit to us and therefore any information which you transmit to us is transmitted at your own risk. You are responsible for ensuring the security of the personal information held on your computer, mobile or other device.

4.3 Notice of Unavailability: We will endeavour to give advance notice of any planned unavailability or outage by email or via either or both of our websites, being www.sittight.co.nz or www.sittighttraining.co.nz.

YOUR INFORMATION AND RESPONSIBILITIES

5.1 Your Information: You may update your information on your Account through the Service, including your name, phone number, and addresses (email and postal).

5.2 Warrant and Authorisation: You:

(a) warrant that all information you submit to the Service, including information submitted as part of your registration under clause 2.1, is correct and accurate; and

(b) acknowledge and agree that you have all necessary consents and authorisations from the relevant parties when submitting information to the Service, including any personal information about other individuals and the use of that personal information in accordance with our privacy policy.

5.3 Your Responsibilities: You agree to:

(a) only use the Service for the Permitted Purposes;

(b) comply with our reasonable instructions relating to the access to, and use of, the Service;

(d) keep any username and password for your Account secure and confidential and be responsible for all use of the Service through your username and password, and on your Account;

(e) comply with all applicable laws when accessing and using the Service; and

(f) notify us of any actual or suspected unauthorised use of your username and password to access the Service.

5.4 Prohibited Acts: You must not:

(a) sub-license, assign, transfer, lease, rent, distribute or resell the Service, or any rights to access or use the Service to any other person; or

(b) copy, modify, translate or otherwise create derivative works from any part of, or reverse engineer or decompile the whole or any part of, the Service (or attempt to do so, or assist anyone else to do so);

(d) upload, transmit, or distribute to or through the Service any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system, data or the Service;

(e) use the Service to harvest, collect, gather, or assemble information or data regarding the Service or other users, except as permitted by these Terms of Use, privacy policy, or any other agreement between you and us; and

(f) attempt to gain unauthorised access to the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.

INTELLECTUAL PROPERTY AND CONTENT

6.1 Ownership of Intellectual Property: All intellectual property in or relating to the Service, including any new intellectual property developed by or on behalf of us in the course of providing the Service or supporting or maintaining the Service, is owned by us (or our licensors). Except as expressly provided in these Terms of Use, you may not copy, modify, distribute, publish, transmit or otherwise exploit the content on the Service (Content).

6.2 General Information: The Service is made available for the Permitted Purposes only. From time to time Content may include general information that we consider will be of interest to you. You expressly acknowledge and agree that:

(a) any such information is intended to be for general information purposes only, and you must make your own assessment of the suitability of the information for your own purposes;

(b) you are solely responsible for the actions you take in reliance on the information on, or accessed through the Service; and

(c) the information on, or accessed through the Service does not constitute professional advice, and should not be relied on as such.

6.3 Use of Content: You may access, view, and print the Content, provided that:

(a) where the Content has been provided to you in connection with any of our product or services, you may access, view, and print the Content only to the extent required for the Permitted Purpose;

(b) you will only use Content for information purposes, and will ensure that any reproduction includes a prominent acknowledgement of our rights in the Content; and

(c) you must obtain our prior written permission before using any of our trademarks or logos, or any other trademarks and logos on the Service, including registered or unregistered trademarks of us or our licensors.

6.4 Disclaimer: Although we try to ensure Content is current, accurate and complete, we do not guarantee that the Content will be current, accurate or completed when you access it. We will take action, within a reasonable time, to correct any error or inaccuracy that is brought to our attention.

6.5 Your Content: You may contribute to the Content by submitting feedback, comments, photos, files and other communications or material through the Service. By submitting your Content onto the Service you warrant that:

(a) you have the necessary rights, power, consent and authorisation required to submit the your Content, and to grant us rights to that Content, in accordance with these Terms of Use; and

(b) your Content does not contain any content which infringes on another person’s intellectual property or which is offensive, obscene, defamatory, discriminatory, inappropriate or contrary to any applicable laws (including the Harmful Digital Communication Act 2015). In the event that you breach this clause, without limiting any of our other rights or remedies, we may remove the relevant content or files from the Service.

6.6 Licence to use Your Content: If you contribute any Content to the Service, you grant us a worldwide, royalty-free, sub-licensable, perpetual, irrevocable, non-exclusive, transferable licence to use, copy and modify that Content, including the right to make the Content available for display, distribution, disclosure and publication on the Service (subject to the privacy policy). All rights, title and interests in anything created as a result of the Content, is and remains our property.

6.7 Updating Content: We may at any time update, amend, or delete any Content at any time and for any reason, including if you ask for us to correct Content in connection with your details, or for a violation of these Terms of Use.

LIABILITY AND DISCLAIMERS

7.1 Liability Exclusions: Subject to clause 7.4, to the fullest extent permitted by law, we will not be liable for any errors and omissions, nor for:

(a) any direct or indirect, incidental, special or consequential loss or damage;

(b) any loss of data, profits, revenue, business or goodwill; or

arising out of or in connection with the use of the Service or the data contained on it.

7.2 Limitation of Liability: Notwithstanding the above, if we are found to be liable to you for any damage or loss which arises as a result of your use of the Service, our maximum aggregate liability (whether in contract, tort or otherwise) will not exceed the amount actually paid by you for the Services during the three month period immediately prior to the date of the event, or events, giving rise to any liability under these Terms of Use.

7.3 Warranties Excluded: To the fullest extent permitted by law, we disclaim and exclude all representations, warranties and conditions, whether express, implied or statutory, relating to the Service, other than those representations, warranties and conditions identified expressly in these Terms of Use.

7.4

(a) Consumer Guarantees Act 1993 (applicable to New Zealand customers only): Notwithstanding any other provision of these Terms of Use, nothing in these Terms of Use limit any rights you may have under the Consumer Guarantees Act 1993 (CGA), provided that if you are in trade (as defined in the CGA) and are using the Service in trade, you agree that the provisions of the CGA do not apply.

(b) Australian Consumer Law (applicable to Australian consumers only): Under the Australian Consumer Law (ACL) and similar Australian state and territory legislation, consumers have certain rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services. Nothing in these Terms of Use shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified.

SUSPENSION AND TERMINATION

8.1 Suspension of Operation: We may withdraw or suspend the operation of the Service, or cease to provide and/or update Content to the Service, with or without notice to you, if we have reasonable grounds for doing so, including for security, legal or business reasons necessary to protect our legitimate business interests.

8.2 Suspension or Termination of Access: We may suspend and/or terminate your right to access and use the Service, with immediate effect at any time, including where you have not complied with these Terms of Use. We will use all reasonable endeavours to notify you if we do so, except where we are prohibited from doing so under applicable law.

THIRD PARTY WEBSITES AND SERVICES

9.1 Third Party Sites: The Service 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 those third party websites.

9.2 Third Party Services: We use, from time to time, third party features, products and services on the Service, which may be available for you to use through the Service. Use of such third party products and services are subject to compliance with the terms and conditions of the third party owners of the relevant features, products or services. The third party terms and conditions may, amongst other things, govern the ownership, use of, and access to the third party features, products or services.

MARKETING AND COMMUNCATIONS

You consent to us sending you marketing or promotional communications through the Service about our services and products from time to time. You may unsubscribe from any marketing or promotional commutations by following the unsubscribe facilities in the communications that we send to you.

AMENDMENTS AND UPDATES

11.1 Amendments to these Terms of Use: We may from time to time amend these Terms of Use (at our absolute discretion) by providing notice of the amendments by email, on our website, and/or via the Service. You should check these Terms of Use from time to time to check for any amendments. By continuing to use the Service after any such amendment, you are deemed to have agreed to the amended Terms.

11.2 Updates: We may from time to time, at our sole discretion, make available an updated or new version of the Service, including to provide bug fixes and/or new, replacement or improved features or functionality. You acknowledge that there may be interruptions in service or access to the Service, or access to your Account due to circumstances both within our control (eg routine maintenance) and outside of our control. We may also choose to cease making the Service available at any time.

GENERAL

12.1 Assignment: Your rights and obligations under these Terms of Use are personal to you and you may not assign or otherwise transfer any of your rights or obligations under these Terms of Use to any other person without our prior written consent. We may assign or transfer any or all of our rights or obligations under these Terms of Use at our sole discretion.

12.2 Force Majeure: Neither you or us will be liable for any breach of these Terms of Use, if and for so long as this breach is a direct result of circumstances beyond the breaching party’s reasonable control.

12.3 Waiver: No waiver by you or us of your or our (as applicable) rights under these Terms of Use will be effective unless it is in writing.

12.4 Governing Law and Jurisdiction: These Terms of Use are governed by the laws of New Zealand, and any related disputes will be resolved by the New Zealand courts.

12.5 Entire Agreement: These Terms of Use and the documents and information referred to in these Terms of Use record the entire agreement between you and us relating to the Service.

12.6 Severability: If any provision of these Terms of Use is or becomes invalid or unenforceable, that provision will be deemed deleted from these Terms of Use. The invalidity or unenforceability of that provision will not affect the other provisions of these Terms of Use, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.

12.7 Contacting Us: If you have any questions about these Terms of Use or the Service, please find the details to contact us at www.sittight.co.nz.