Terms and Conditions for the Digital Distillery Site.
1. OUR TERMS
1.1 These Terms and Conditions apply to all online Course Registrations available from the DIGITAL DISTILLERY Site.
2. DEFINITIONS
2.1 “you” or “your” means you and all other persons who purchase Courses, and, as the context requires, any person browsing the Digital Distillery Site.
2.2 “we”, “our” or “us” means FIGURE EIGHT TRAINING & DEVELOPMENT Limited, which is the seller of the Courses.
2.3 “GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
2.4 “Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
2.5 “Product” means a product for sale at the Digital Distillery Site.
2.6 “Digital Distillery Site” means this internet site (www.digitaldistillery.co.nz) owned by us, being the medium by which the Courses are offered for sale online by us to you.
3. SITE CONTENT
3.1 While we have endeavoured to ensure that the information provided on the Digital Distillery Site is free from error, we do not warrant its accuracy, adequacy or completeness, and we shall not be responsible or liable for any error in, or omission from, the information provided on the Digital Distillery Site.
3.2 We reserve the right to make changes to the information provided on the Digital Distillery at any time and without notice.
4. USE OF DIGITAL DISTILLERY SITE
4.1 Your access to, and use of, the Digital Distillery Site is subject to the following Terms and Conditions. By using the Digital Distillery Site you acknowledge and agree that you have read, understood and accepted these Terms and Conditions, and agree to be bound by them. Registrations for Courses placed through the Digital Distillery Site constitute legal offers to purchase, and are capable of being accepted by us without any further reference to you.
4.2 By registering for a course through the Digital Distillery Site, you warrant that:
4.2.1 you are legally capable of entering into binding contracts;
4.2.2 you are at least 18 years old;
4.2.3 you are residing in New Zealand; and
4.2.4 you are accessing the Digital Distillery Site from New Zealand.
4.3 You agree not to use the Digital Distillery Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may download the information on the Digital Distillery Site for your own personal use but otherwise the Digital Distillery Site, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without our prior written consent. You agree that you will not interfere with any other party’s use and enjoyment of the Digital Distillery Site, or damage the operation of the Digital Distillery Site, or our systems or those of other persons who use the Digital Distillery Site, whether by way of a virus, corrupted file, any other software or program, or otherwise.
5. PRICING
5.1 You shall pay us for the Courses you register for at the price displayed at the time the order is submitted.
5.2 Prices available on the Digital Distillery Site may not necessarily be the same as the prices and deals available in our stores. Any prices and deals available in our stores will only apply to Courses purchased through the Digital Distillery Site if those prices or deals are specifically displayed on the Digital Distillery Site, and vice versa.
5.3 No adjustments will be made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Course is delivered.
5.4 We may vary the prices of the Courses at any time without notice.
5.5 The prices of Courses are displayed in New Zealand currency and are inclusive of GST and any other sales tax.
5. REGISTRATIONS
5.1 Registrations received under the Digital Distillery site have the following terms and conditions. If you are unable to agree to these conditions, please contact us immediately so we can return your registration to a non-incentive rate..
- Payment is required immediately upon registration. No attendance will be permitted without payment.
- NO transfers, cancellations or refunds.
- Workshops require a minimum number of registrations to run. Figure Eight Training & Development Ltd reserves the right to cancel any workshop 14 days prior to commencement date.
OTHER PUBLIC REGISTRATIONS
When you book a workshop with Figure Eight Training & Development you’ll be sent written confirmation once your registration is received – you’ll hear from us again no later than 14 days prior to your workshop start date with confirmation of the venue.
Payment Terms
All prices listed on website are in New Zealand Dollars and exclude GST. Payment is required prior to the workshop start in all cases.
Your invoice is due 20th of the month following invoice, or, if your workshop starts prior to that date, 7 days following invoice. Cheques can take up to 7 days to clear and bank transfers take up to 3 days, so we recommend paying by credit card to ensure that your registration(s) within the workshop(s) is guaranteed.
Credit card payments
We do not process credit card transactions or store card information. Credit card payments are processed by Payment Express. Payment Express is a secure payment provider using SHA-2 certificates.
Cancellation, Transfers, and Registrant Change Policies
Cancellations
All cancellations require formal notification at all times (via phone or e-mail)
Cancellations made 14 days or more prior to the workshop start date: no charge.
Cancellations within 13-7 days of the workshop start date: additional $850 charge.
Cancellations within 6 days of the workshop start date or after the workshop has started: No refund/full fee due.
Transfers
You can transfer a registrant to another workshop 14 days or more prior to the workshop start date.
Transfers within 14 days of the workshop start date: additional $250 transfer fee.
Registrant Change
You can change the registrant on a workshop to another person at any time prior to the start of the workshop.
Workshop Cancellations
Figure Eight Training & Development reserves the right to cancel any workshop 14 days prior to commencement date. If a workshop does not reach minimum numbers or, for some other unavoidable reason is cancelled, Figure Eight Training & Development will notify you and, in consultation with you, transfer your registration to the next scheduled date or offer you a replacement programme or you may choose to have the fee refunded in full.
IN-HOUSE/TEAM TRAINING
Total Investment
Where the training is being delivered outside of Auckland, the balance of the invoice will include a Disbursements charge, equal to 15% of the total investment to cover expenses incurred such as accommodation, air/ground travel, meals, courier or freight charges.
The Total Investment recorded also does not include any costs relating to: venue hire, any equipment hire required or participant refreshments.
Payment Terms
Upon signature of the Training Contract, Figure Eight Training & Development will issue an invoice to the Client for the Total Investment (Invoice). The Invoice is payable as follows:
30% of the Invoice is payable as a deposit within 48 hours of signature of the contract.
The balance of the Invoice is payable on or before 21 days PRIOR to the first day of the delivery of the training.
If payment is not received on the due date Figure Eight Training & Development may charge interest at a rate of 2.5% per month (calculated on a daily basis) on all amounts outstanding from the due date to the date Figure Eight Training & Development receives payment. Failure by the Client to meet these payment terms could affect programme delivery time frames. Figure Eight Training & Development reserves the right to cease all work until payment is received.
Cancellation & Postponement
The following charges apply upon the cancellation of the Training Contract by the Client:
CANCELLATION anytime up to 28 days prior to delivery date: Deposit paid by the Customer to Figure Eight Training & Development will be forfeited plus any disbursements or other expenses incurred by Figure Eight Training & Development shall be invoiced.
CANCELLATION between 8 days and 27 days prior of delivery date: 50% of Total Investment is payable plus any disbursements or other expenses incurred by Figure Eight Training & Development.
CANCELLATION within 7 days of delivery date: 100% of Total Investment is payable plus any disbursements or other expenses incurred by Figure Eight Training & Development.
POSTPONEMENT within one month of delivery date: The Client must pay for all Field Work completed by Figure Eight Training & Development and reimburse all Disbursements (invoiced, or to be invoiced). 100% of deposit paid is non-refundable. A new date for delivery must be agreed within 7 days of the notice of postponement, or the relevant CANCELLATION timeline clause will apply.
Intellectual Property
All ideas, concepts, materials, content of programme, technical information, trade secrets, know-how, designs, copyright material and any other information and intellectual property whatsoever owned or used by Figure Eight Training & Development in connection with the training, programmes and/or services which Figure Eight Training provides (Intellectual Property) to the Client or any other person/organisation remain Figure Eight Training & Development‘s sole and exclusive property. The Client will not, and will not permit anyone else to, use or copy the Intellectual Property unless the Client obtains Figure Eight Training & Development’s prior written consent. The Client will promptly notify Figure Eight Training & Development of any infringement of the Intellectual Property. The Client acknowledges that all information supplied by Figure Eight Training & Development to the Client and all the Intellectual Property is confidential.
6. NOTICES
6.1 Save as otherwise provided in these Terms and Conditions, all notices given by you to us must be given to us at the address set out at the end of these Terms and Conditions or by e-mail to info@digitaldistillery.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 5 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
7. WAIVER
7.1 If we fail, at any time during the term of our contract with you, to insist upon strict performance of any of your obligations under such contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under such contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notices paragraph above.
8. SEVERABILITY
8.1 If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract with you that is caused by events outside our reasonable control (a “Force Majeure Event”) including, without limitation, fire, flood, explosion, storm, earthquake, war, terrorism, sabotage, revolution, riot or civil commotion, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, lockouts, failure of supplies of public or private telecommunications networks, power or fuel or the default of suppliers or sub-contractors. Our performance under our contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under such contract may be performed despite the Force Majeure Event.
10. EXCLUSION & LIMITATION OF LIABILITY
10.1 Notwithstanding anything else contained in the Contract to the contrary, to the fullest extent permitted by law, Figure Eight Training & Development shall not be liable to the Client its employees, agents, or any other person/organisation whether by way of indemnity, guarantee, by reason of any breach of contract, or of any statutory duty or by reason of tort (including but not limited to negligence) or any basis in law or equity in any circumstances for any of the following:
(a) any loss of profits, loss of use, loss of revenue or any other financial or economic loss (whether director or indirect) or for any consequential or indirect loss or damage;
(b) any loss, damage or liability of the Client or the Client’s agents, employees or contractors arising from a breach of the Training Contract by the Client or its employees, agents or any other person/organisation.
10.2 Notwithstanding anything else contained in the Training Contract to the contrary, if Figure Eight Training & Development is found liable in any circumstances whatsoever, Figure Eight Training & Development’s liability under the Training Contract, whether in contract, tort or otherwise is limited (to the fullest extent permitted by law) to an amount not exceeding 50% of the Total Investment.
The Client will at all times indemnify and hold Figure Eight Training & Development harmless from and against all loss, costs, claims, damages, expenses (including all legal costs and expenses incurred on a solicitor/own client basis) Figure Eight Training & Development incurs and all actions, suits, claims, demands and other proceedings whatsoever or howsoever made or brought against Figure Eight Training & Development, as a consequence of any breach of the Training Contract or by any representation made, or any act, omission, or negligence committed by the Client or by those for whom the Client is responsible.
11. GENERAL
11.1 The Training Contract sets forth the entire agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements relating to its subject matter.
11.2 The Training Contract shall be governed by and construed in accordance with New Zealand law. Each party agrees to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with the Training Contract.
Neither party is liable to the other for failing to meet its obligations under the Training Contract to the extent that the failure was caused by an act of God or other circumstance beyond its reasonable control. However where a party has been unable to perform its obligations for a period of 60 days or more either party may immediately terminate the Training Contract by giving notice in writing to the other party.
12. LAW AND JURISDICTION
12.1 Contracts for the purchase of Courses through the Digital Distillery Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by New Zealand law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of New Zealand.
27. OUR COMPANY INFORMATION
27.1 FIGURE EIGHT TRAINING & DEVELOPMENT Limited registered in New Zealand
Registered Office:
27.2 E-mail enquiries: info@digitaldistillery.com
