1. Acceptance of Terms and Conditions
Edvance Limited ("we", "us", "our", "Edvance"), trading as www.edvance.co.nz ("the Site"), provides the services contained in the Site to you under these terms and conditions. Each time you access the Site , you confirm that you have read and understood these terms and conditions. We may amend these terms and conditions from time to time in our sole discretion and we recommend that you check them on a regular basis to keep informed of any changes. By accessing this Site you are indicating your agreement to be bound by all of these terms and conditions, including any amendments made to them from time to time. If you do not agree to these terms and conditions you should leave the Site immediately.
2. The Services
The services provided by Edvance include a dynamic online library of resources for users seeking or interested in employment in (among other organisations) the NZ Fire Service, NZ Police and branches of the NZ Defence Force. Edvance's online library of resources includes questionnaires, exam questions and tests modelled by the NZ Government to assess prospective recruits. Edvance also provides a range of related services ("Service").The Services are expressly limited to access to Edvance's online library of resources and in no circumstances:
(a) Shall Edvance be considered your agent or employment broker;
(b) Does Edvance guarantee that you will be suitable for employment, or actually employed in any of the NZ government services listed above.
3. Intellectual Property
Pictures, images and logos referenced in this Site and the contents of this Site are subject to intellectual property rights belonging to us or to third parties (under licence to us). You agree not to breach any trade mark, copyright, patent, design or other rights in relation to all trade marks, information, images, logos and other intellectual property included in this Site. No logo, graphic, sound or image from this Site may be reproduced, copied or retransmitted unless expressly permitted in writing by Edvance. You agree not to download, copy, transmit, "data-mine", "hack" or otherwise replicate any of the information on this Site, for any business purpose, whether by electronic or any other means whatsoever.
4. Governing jurisdiction
This agreement is governed by the laws in force in New Zealand. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New Zealand. We make no representation that materials on this Site are appropriate or available for use in locations outside New Zealand, and do not authorise access to them from jurisdictions where their contents might be illegal or prohibited under the laws of such jurisdictions.
We may legally assign any of our rights and obligations under these terms and conditions at any time by giving you notice. You may not assign any of your rights under these terms and conditions without our written consent.
6. Links to Third Party Sites
We are not responsible for the contents of any website linked to this Site. We do not imply any endorsement of links from and to this Site except where expressly stated.
7. Entire Agreement
These terms and conditions constitute the entire agreement between you and us and supersede all prior representations, agreements, statements and understandings whether verbal or in writing.
8. No Warranties/DisclaimerYou expressly understand and agree that:
(a) Your use of the Site is at your sole risk. To the maximum extent permitted by law, Edvance disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
(b) Edvance does not warrant that the Services provided will be uninterrupted, timely, secure, or error free, or that any information (including feedback) provided on the Site is accurate, error-free or reliable;
(c) Edvance does not warrant the accuracy, adequacy, quality, currency, validity, completeness or suitability of the Services or any other information available on this Site for any purpose. The Site and Services are provided on an "as is" and "as available" basis;
(d) Edvance does not warrant that this Site and the Services will be free of infection by viruses, worms, trojan horses or anything else containing destructive properties;
(e) No advice or information that is obtained by you from the Site or Edvance or anyone else shall create any warranty by Edvance that is not expressly stated in these terms and conditions;
(f) Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute Edvance's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
(g) In no event shall we be liable for any loss sustained by you arising out of or in connection with the use or performance of this Site by you or others, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss whether at law or in tort or otherwise.
9. Becoming a Member
You may only register as a member if you are resident in New Zealand and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract. You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Edvance to ensure it is kept current at all times. Edvance reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Edvance may terminate your membership if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable.You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
(a) Not to permit any other person to use your user name or membership; and
(b) Not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
10. Fees and AccountsEdvance's current fees are listed on our membership registration page. Note also:
(a) Any registration fees are charged at the time of registration and are not refundable.
(b) Edvance 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.
(c) If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to account balances.
(d) You must pay any and all fees immediately on demand by Edvance.
(e) You must settle any negative account balance immediately. Edvance reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that Edvance incurs when collecting that debt.
(f) If you have not logged on to the Website for a period of 12 months, any unused balance on your account is forfeited to Edvance and your membership will be suspended.
12. Delivery Policy
Once your payment is received and cleared you will receive an email giving you the instructions on how to login.
You can cancel your Edvance service at any time by giving us at least 30 days notice of your intention to cancel. If you are paying by monthly subscription your final payment will be based on the number of months or part months after the day of the month when you subscribed. (E.g. if you first subscribed on the 12th of a month, and you cancel on the 15th of a month, you must pay a full month's subscription up to the 12th of the following month. If you commit a breach of this agreement, Edvance may terminate this agreement immediately, and you will be contacted by e-mail.14. Indemnity
You agree to indemnify Edvance and its employees, agents and representatives and to hold them harmless from any and all claims and liabilities (including fees) which may arise from your breach of these terms and conditions.