Terms and Conditions
Effective from June 2019.
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
3.2 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).
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
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;
(c) take reasonable steps to ensure that all information you upload onto the Service is correct and accurate;
(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);
(c) interfere with, or disrupt, the provision of the Service or its use by anyone else; or
(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;
(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
6.2 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:
(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.
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
(c) any damage to your device or the data held on your device,
arising out of or in connection with the use of the Service or the data contained on it.
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.
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
11.2 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.