Terms and Conditions of FutureEd New Zealand
- Thank you for using our website located at <https://www.futureedenglish.co.nz> website (“Site“). This Site is owned and operated by FutureEd Australia New Zealand Pty Ltd – (NZBN 9429046734082).
- FutureEd Australia New Zealand Pty Ltd is an English language school and education provider. Our Site provides information to students and people who intend to apply for overseas study or work, and require either IELTS, OET, or CAE exams.
- In these Terms, resources mean all the information, data, text, graphics, links, code or other material published or made available on the Site from time to time (“Resources“).
- These Terms may be amended by us at any time, and by continuing to use the Site you accept the Terms as they apply from time to time.
ACCEPTANCE OF TERMS
- By accessing, browsing, donating to and using this Site (“User“), you acknowledge that you have accepted our Terms.
- You agree that as a User you will use the Site only for purposes permitted by the Terms and you will abide by any applicable law, regulation or generally accepted practices or guidelines relating to this Site in the relevant jurisdictions.
RELIANCE ON OUR SITE
- The Resources on our Site are for information and guidance purposes only and must not be considered or relied on as medical or professional advice. Always seek the advice of a medical doctor or other qualified health provider with any questions you may have regarding a medical condition.
- FutureEd Australia New Zealand Pty Ltd makes no representations or warranties of any kind as to the Resources on this Site whether express or implied and your use of the Resources is at your own risk.
- Although we make reasonable efforts to update the Resources on our Site, we make no representations or warranties that the Resources on our Site are accurate, complete or up to date.
- By using the Site, you agree that we may send you direct communications to the email address you provide from which you may unsubscribe at any time.
- As a Site User, we grant you a limited, worldwide, non-exclusive, royalty-free, and revocable licence (“Licence“) to electronically access and use the Site and our Resources in accordance with these Terms. Unless otherwise stated in these Terms, your use of our Resources is for your personal and non-commercial use only.
- The Licence may be terminated at any time in our sole discretion if you use the Site or the Resources except as permitted by these Terms.
- In these Terms, “Content” means all works and materials (including without limitation text, communications graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or the Site for storage or publication on, processing by, or transmission via, the Site.
- You may submit Content to us for inclusion or publication as comment on the Site. You agree that we may publish and communicate to the public any such Content.
- By submitting Content to us, you grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide and transferable licence to display, reproduce, modify, add to, use, copy, publish, transmit, index, crawl, communicate and adapt such Content for any purpose and in any manner anywhere in the world, including (without limitation) on and in relation to the Site and its Resources
- In these Terms:
“Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade-marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
“Works” means any material made available on the Site and included in the Resources, including (without limitation) written texts, articles, posts, commentaries, data, analyses, critiques, photographs, pictures, graphic works or images.
- You acknowledge that ownership of the Intellectual Property Rights relating to the Site or Resources is the property of FutureEd Australia New Zealand Pty Ltd.
- The content of the Site, including the Resources and trademarks, service marks and logos on the Site, are the property of FutureEd Australia New Zealand Pty Ltd or third-party licensees and are protected by copyright and other intellectual property rights under the laws of Australia.
- You may not modify or transfer the Resources, or otherwise make use of the Resources for any purpose, without prior written permission from FutureEd Australia New Zealand Pty Ltd and/or the respective owner, except as expressly permitted on the Site.
- Unless otherwise stated, we retain all rights, title and interest in and to the Works on the Site and of our Resources.
- ‘FutureEd Australia New Zealand Pty Ltd’ and all associated trademarks are the trade marks of FutureEd Australia New Zealand Pty Ltd or any related entities. You shall not use any of our trademarks in connection with activities, products or services which are not ours or in a manner which may be confusing, misleading or deceptive.
- The obligations accepted by Users under this clause survive termination or expiry of these Terms.
LIMITATION OF LIABILITY
- To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these Terms, our Site and the use of our Resources.
- This exclusion includes (but is not limited to) loss or damage you might suffer because of any of the following:
- reliance on the completeness, accuracy, suitability or currency of the information on the Site (including third-party material);
- failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
- accessing any sites or servers maintained by other organisations through links on the Site or any communication from the Site. Links are provided for the convenience of users of the Site only and without responsibility for the content or operation of those sites (unless otherwise stated, linked sites and the services are not endorsed by us and your linking to any such site is at your own risk); or
- the provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on the Site (if any).
- We disclaim all warranties, express or implied, including but not limited to implied warranties of due care and skill. We do not warrant that the Site will be uninterrupted or free from error or that any defects on the Site will be corrected or that the Site or servers are free of viruses or other harmful conditions or components.
- You agree to defend, indemnify and hold us, our affiliates, employees, agents, contributors, third party content providers and licensors harmless from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your access to our Service and use of the Site and its Works;
- any direct or indirect consequences of you accessing, using or transacting on the Site or attempts to do so; and/or
- any breach of the Terms.
- We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
ADVERTISING AND LINKS
- The Site may contain links and other pointers to Internet websites or applications operated by third parties.
- We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites.
- Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.
- When submitting Content, you shall abide by the following rules:
- provide honest and accurate information that is relevant to the Site and its viewers;
- be respectful of other opinions;
- do not provide any confidential, proprietary or commercially-sensitive information;
- do not provide any material that directly promotes third party products or services;
- provide references to third party opinions and acknowledge the material of other authors;
- disclose any conflicts of interest;
- clearly express that the opinions provided in any material submitted are those of the author and are not the opinion of FutureEd Australia New Zealand Pty Ltd nor are they endorsed by FutureEd Australia New Zealand Pty Ltd.
- We reserve the right to edit any submissions prior to posting on the Site. If we make changes we will inform you prior to posting.
- We do not accept responsibility for or endorse the opinions of any Content submitted by third parties.
- No waiver of rights under this agreement or any of our policy, or agreement between us and a User shall constitute a subsequent waiver of this or any other right under this agreement.
- Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
- You agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
- You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and obligations under these Terms.
LAW AND JURISDICTION
- If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.
- We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site and our Service (“Feedback“). You may submit Feedback by emailing us at firstname.lastname@example.org .
- You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise use the Feedback.
- This Site is owned and operated by FutureEd Australia New Zealand Pty Ltd (NZBN 9429046734082).
- Our principal place of business is at Suite 21, Level 1, 357 Great North Road, Henderson, Auckland, New Zealand.
You can contact us:
- by post, using the postal address Suite 21, Level 1, 357 Great North Road, Henderson, Auckland, New Zealand;
- using our contact form; or
- by email, using email@example.com.
Information for Candidates (Pre-test Cancellation)
Candidates who seeks to cancel their registration or transfer test dates within the five-week period prior to the test date will only receive a refund if they can satisfy to the Administrator that their ability to sit the test has been affected by illness or serious causes include:
- illness – e.g. hospital admission, serious injury or illness (does not include minor illness such as a mild cold)
- loss or bereavement – death of a close family member
- hardship/trauma – victim of crime, victim of a traffic accident
- military service.
Application Process for Refunds (Post-test Cancellation)
Candidates must lodge an application for refund no later than five working days after the test date. Candidates must complete a Request for Refund Form and attach the appropriate documentation and/or evidence. Acceptable documents may include a medical certificate from a qualified medical practitioner, a death certificate, or a police report, Statutory declarations and certificates signed by family members are not acceptable.
The Administrator will advise the candidate within one week of lodging the application whether or not their request has been approved.
Refunds – if the candidate’s application is approved, the centre will refund the test fee to the candidate. However the centre may deduct an administrative fee (no more than 25% of the test fee)
Transfers – If the candidate’s application is approved candidates must select a test date within the next three-month period and this will be approved by the Administrator depending on availability for the selected test date. There may be limited availability for test dates in the first five-week period. Candidates who wish to transfer to a test date more than three months away should apply for a refund and then re-apply for the test.
- If one part-payment is missed, there will be no option of a refund for installment payment.
- Result & certificate will be withheld until the final payment is cleared.