Terms and Conditions
3. By using our Website you warrant that you:
3.1 are at least 18 years old;
3.2 are legally capable of entering into a binding contract; and
3.3 agree to these Terms.
B. Placing an Order
1. You may place an order for the purchase of any product or service made available by us, through our Website or via any other method offered by us from time to time.
2. Any order placed with us for products or services, is an offer by you to purchase the particular products or services for the price notified on the Website or otherwise (including tax and any other charges as may be applicable) at the time of your order.
4. Each order placed for products or services through our Website or otherwise, which we accept, results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products and services in that order to you in accordance with these terms.
C. Price & Payment
1. We will charge you and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
1.1 the purchase price of each product or service ordered, which is shown on the Website at the time (or otherwise on the medium through which you make your purchase) you place your order; and
1.2 any other fees and charges set out in these Terms.
2. All fees and charges set out in the Terms and all prices for products and services listed by us include tax (where applicable).
3. The price of the products and services and other charges will be as quoted on the Website (or otherwise on the medium through which you make your purchase) from time to time, except in cases of obvious error.
4. Payment for all products and services must be made by credit card or direct debit.
5. The product or service you have purchased is a subscription service, and we will therefore charge your credit card at the frequency and price that is disclosed to you as set out on our Website from time to time. This will take place automatically. By submitting your original payment information, you automatically authorize OTM to charge all ongoing fees to such payment instruments. If you wish to cancel the auto-renewal service, then you may do so by contacting us no later than three (3) days prior to the subscription renewal date.
6. Should the auto renewal payments fail for any reason a notice will be sent to you. It is your responsibility to make sure payment methods are up to date and correct to allow successful payments to be made. OTM reserves the right to charge any administrative fee and/or interest amount to compensate for the delay or failure to make any payment.
7. Prices for products and services change from time to time and we do not provide any notice of these changes. Subject to these terms, once we have accepted your order, we will not change any prices that apply to the products and services in that order.
8. After ordering online, you will receive an email confirmation from us containing your order details to the email address used to place the order.
9. If the products or services you have ordered are unavailable, due to high demand or otherwise, we will notify you via email.
D. Cancelling an Order
Cancellation by us
1. We may cancel any part of an order (including those orders that we have accepted) without any liability for that cancellation at any time if:
1.1 the requested products or services in that order are not available;
1.2 there is an error in the price of the products or services or in the description of the products or services listed on the Website or otherwise;
1.3 where payments including but not limited to instalments or auto renewal payments have defaulted and you have not make payment as required by the terms and conditions of the particular product or service purchased; and
1.4 that order has been placed in breach of these Terms;
2. If we do so, then we will endeavor to provide you with reasonable notice of that cancellation and will not charge you for the cancelled order if we cancel it before the date of use or if you are not at fault or in breach of these Terms.
E. Receipt of Order
1. When placing an order for products or services on our Website or via another medium offered by us from time to time, the details of such order will be sent to you at your nominated email address along with any log in or other details you may require to proceed.
F. Refund Policy
1. A list of the products and services we offer, and their associated refund policies are explained ‘here‘. Any refunds are offered in addition to the rights and remedies available under the New Zealand Consumer Guarantees Act.
2. Outside of the relevant refund time periods or relevant refund criteria linked above, we are not obliged to refund any payment you make to us, except as required under the New Zealand Consumer Guarantees Act.
3. If a refund is issued to you, it will be made to your nominated bank account within 7 to 14 business days.
G. Warranties and Disclaimers
1. To the maximum extent permitted by law, including the Law, we make no warranties or representations about the Website or its content, including but not limited to that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
2. We reserve the right to restrict, suspend or terminate without notice your access to the Website, any content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
3. You expressly agree that your use of, or inability to use, the service provided at the Website is at your sole risk. The service and all products and services ordered by you through the Website are (except as expressly stated by us) provided ‘as is' and ‘as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
H. General Matters
1. Title Title in the products and/or services will pass to you from the time of receipt via email to your nominated email address.
2.1 Where you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.
2.2 You are responsible for safeguarding the password that you use to access the Website (and or our products and services) and for any activities or actions under your password, whether your password is with us or a third-party service.
2.3 You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2.4 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
3. Disputes Any disputes must to be lodged in writing to us at firstname.lastname@example.org explaining the details of the dispute.
4. Events Outside Our Control We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (being a Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lockouts or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
5. Third Parties We engage third party organizations and/or speakers (and, from time to time, other companies and persons) to deliver the products and services to you. We are not liable or responsible for any failure by those third parties to perform, or any delay in the performance of, any of our obligations under a contract that may be caused by those third parties. This includes but is not limited to the suppliers available to you through the database made available on Website. If you engage suppliers through that database for any purpose, you are solely responsible for any issues that may arise between you and the supplier engaged, including but not limited to faulty or other issues that may arise with any products obtained from that supplier.
6. Liability To the maximum extent permitted by Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
7. Severability If any of these Terms 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.
8. Governing Law Your use of the Website and these Terms are governed by the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the Courts of New Zealand.
10. Information We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else that may interfere with or damage the operations of your computer systems. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information and products and services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up to date.
11. Reservation of Rights We reserve the right, at any time, to:
11.1 refuse service to anyone for any reason. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks;
11.2 modify or discontinue the purchase of products or services from our Website (whether in full or part) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service offered. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis;
11.3 limit the quantities of any products or services that we offer. All descriptions of products and services and/or prices are subject to change at any time without notice, at our sole and absolute discretion; and
11.4 discontinue any products and services at any time. If that happens, any offer for any product or service made on the Website is void where prohibited.
12. Intellectual Property
12.1 The products and services we provide and the content of our Website (excluding content provided by users), features and functionality are and will remain the exclusive property of OTM and its licensors. These items are protected by copyright, trademark, and other laws of both the New Zealand and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of OTM. Nothing in these terms constitutes a transfer of any Intellectual Property rights from us to you.
12.2 You are permitted to use the Website, the products and the services only as authorized by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use these items to create, display, use, play, and download content subject to these Terms.
12.3 Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
12.4 You must not modify the physical or digital copies of any content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
12.5 Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
13. Links To Other Websites
13.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by OTM. OTM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that OTM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
13.2 We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
13.3 We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
14. Indemnification As a condition of your access to and use of the Website, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Website or your breach of these Terms and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.
15. Limitation of Liability
15.1 You agree that we shall not be liable for any damages suffered as a result of using the Website, copying, distributing, or downloading content from the Website. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
15.2 In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Consumer Law including, but not limited, to any misleading statements made and/or incorporated into any content provided by third parties, such as manufacturers and wholesalers, and users of the Website. It is your sole responsibility to ensure the accuracy of the data inputted.
15.3 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
16. No Guarantees The products and services may include presentations, videos and documentation, amongst other things, about suppliers and products supplied. You understand that there can be no assurance that you will achieve a certain success through the use of suppliers or products set out on the Website. Your results are not guaranteed. You acknowledge results of any kind are based on many factors. Our products and services may have unknown risks involved and are not suitable for everyone. Making decisions based on any information presented in our products, services, or our Website, should be done only with the knowledge that this may not be the product or service for you. All products and services created and offered by us and our partners and speakers are for educational and informational purposes only.