TERMS OF SERVICE
OUR TRAINING TERMS
TERMS OF SERVICE
This website is operated by Metrotest Ltd. Throughout the site, the terms ‘we’, ‘us’ and ‘our’ refer to Metrotest Ltd. Metrotest Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our ‘Service’ and agree to be bound by the following terms and conditions (‘Terms of Service’, ‘Terms’), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on PayMark. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - Online Store Terms
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - Modifications To The Service And Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) 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 the Service.
SECTION 5 - Products Or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or area. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - Personal Information
SECTION 11 - Errors, Inaccuracies And Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any New Zealand, international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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.
In no case shall Metrotest Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - Indemnification
You agree to indemnify, defend and hold harmless Metrotest Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
SECTION 19 - Changes To Terms Of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - Contact Information
Questions about the Terms of Service should be sent to us at email@example.com.
Metrotest Ltd Ltd accepts payment by Visa and MasterCard. If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may cancel your order. If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card. You must not pay, or attempt to pay, for Products/Services through any fraudulent or unlawful means. We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order.
- Shipping and Handling on orders of labels and ribbons is a flat rate of $10.00+ Gst within New Zealand.
- Please note deliveries to the Outer Islands (Chatham, Kawau, Waiheke etc) may incur additional costs.
- Orders received will be processed and dispatched within 1-2 business days.
- Orders received on Saturdays, Sundays and Public Holidays will be processed on the following business day. We aim to deliver your items as soon as possible but dispatch times indicated are subject to change.
- Deliveries are dispatched from our office in Blenheim.
- Orders are delivered by courier and require a signature upon delivery. Please make sure the delivery address is where someone can sign for the delivery.
- Delivery 1-2 business days after dispatch from our office (unless otherwise stated).
- Rural deliveries will take longer in some areas
- Transit times do not include Public Holidays
- Deliveries are only made on business days, not weekends, unless arranged and the nearest courier depot has Saturday deliveries.
Customer Requested Delivery Times
In some instances customers request specific delivery dates, we will endeavour to deliver as close to this date as possible but due to the nature of some orders and customer location we cannot guarantee to meet your request. We will hold stock, within a reasonable time frame, to accommodate customer needs but this may not always be possible. If we unable to meet your request we will notify you via email or telephone.
Orders are delivered using courier and require a signature upon delivery so they can be tracked. We only deliver to residential or business addresses. We cannot ship to PO Boxes. Please ensure you have your order delivered to an address where someone is available to sign for it. If you were unavailable to sign for an item when our courier called, we will leave a Card to Call at the delivery address. This card details when the delivery was attempted, the item number and what you need to do to have the items re-delivered.
Metrotest Ltd will sell to countries outside of New Zealand provided the sale does not violate any of the recieving country's import laws. All shipping and associated export/import and customs fees/taxes will be at the expense of the customer.
Cancelling your Order
If you wish to cancel your order please contact us at 0800 738768 or www.metrotest.co.nz as soon as possible. If you cancel before your order is dispatched you will receive a full refund. However, if the goods have already been sent, but you have not received them, at the time of cancellation we will refund you the cost of the product but not the delivery fee.
If you wish to cancel your enrolment in a training course we require notification at least 48 hours prior to commencement of the course. Once notification is received your enrolment will be cancelled and the fees refunded in full, or if requested the enrolment can transferred to a later date at no additional charge.
In the event that notification of cancellation occurs less than 48 hours before commencement of a course or where there is failure to attend a course you have enrolled in, we reserve the right to charge a cancellation fee of $150. Remaining fees, minus the cancelation fee, can be refunded or applied as credit toward future courses.
Metrotest Ltd stands by the quality of its products & guarantees a high level of service at all times.
We offer a 100% money back guarantee. If you are not completely satisfied with the product, just return the goods within 14 days of receiving them & we will refund your purchase in full (exclusive of shipping and handling charges). This guarantee only applies to all purchases that are still in an as-new condition.
All products returned must be in their original unused condition, specifications and packaging, along with any accompanying accessories/Guarantees/Instructions together with the invoice and/or packing slip accompanying the products. Products cannot be returned if they have been used, modified, damaged or altered.
All purchases must be returned and inspected before any refund will be granted. If Metrotest Ltd is not satisfied with the condition of the goods upon return, the purchase may not be refunded in full.
Where the products are faulty or damaged due to manufacturing faults we will either replace the products or give you a full refund. Manufacturing defects do not include normal wear and tear and any damaged caused by accidental or non-accidental damage.
If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us within 5 days of delivery.
We will collect your personal information through your use of the Site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:
- for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the Site; and
- with, to and from third parties who provide services to us in relation to online shopping. These may include gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions.
- for other purposes to which you consent to (either express or inferred consent).
We may transfer your personal information to others in countries outside New Zealand. We will only do this within the scope outlined above.
Credit Card Security
We work diligently to protect the security of your personal information, including credit card information.
Our Training Terms
METROTEST ONLINE TRAINING ACCESS REQUIREMENTS
All people, entities and others wishing to gain authorised access to the Metrotest Online Training shall confirm their acceptance of all the following conditions by clicking the 'I accept/agree' button.
Failure to click the button means you will not be able to access the training.
By accessing the training material the user agrees they shall not allow their employer/associate or any other third party or entity to use, or allow to be used, the accessed material, of any media type, for any unauthorised use, including any of the following purposes or reasons, but not limited to :
- Use the material in whole or part in an unauthorised manner including allowing material to be copied, transferred, viewed, recorded, either by visual or audio or any other means.
- Modify or adapt, add to, or remove, translate, add subtitles or visual images, or add or remove audio files.
- Deconstruct, remake, or otherwise alter any part or all of the material provided for any purpose, including revenue or free distribution.
- Use the material in any way that is likely to cause Metrotest any loss of revenue or cause Metrotest to be defamed in any manner or form, through any media, in any Country.
The Authorised person (Trainee) further agrees:
- They shall not allow unauthorised access to training material, this includes, but is not limited to, allowing any Device with an Application that has the training available to be displayed in an easily accessible form.
- They agree not to help, in any way shape or form, any third party wishing to gain access to the material for whatever purpose.
- That they have been given access to the material for their own training only, to allow them to gain knowledge, but this does not in any way give rights of ownership of any material, in any form, to them. Metrotest shall be and continue to be the rightful owner of all material, they agree not to dispute ownership of any material.
Metrotest will do its best to comply with the NZ Privacy Act in full and any amendments that are added from time to time, however it accepts no responsibility for breaches to the Act where this is beyond the reasonable control of Metrotest.
Metrotest intends to provide Information that is correct at all times and will endeavour to do so. However, we cannot guarantee that there are no errors and Metrotest will correct any errors immediately upon being notified, but accepts no responsibility for any consequential loss to any users of the material, accept what is required under the applicable laws of New Zealand.
The loss or corruption of data on any device that is connected with the use of material supplied in any form from Metrotest shall be at the user’s risk. Metrotest will do all it can reasonably do to ensure this risk is minimal but accept no responsibility for loss of data or corruption of data to the users or any associated parties.
Enforceability of this Agreement.
This Agreement is subject to New Zealand law, should this Agreement need to be enforced and any part becomes unenforceable, due to non-compliance with New Zealand law, then the remaining parts shall in no way be null and void.
For the purpose of this Agreement the title of 'authorised person' or 'trainee' can be considered to be the same, they are to be considered as the, and the only person legally entitled to access any material for training purposes. Furthermore, they are also the person for which any required payment to Metrotest has been received in full.
For the purpose of this Agreement where ' material ' is written this includes any material that is used/stored/retrieved/accessed via any means, including any application or software programme, or the like.
For the purposes of this Agreement where Metrotest is written throughout this agreement this refers to Metrotest.Com Ltd who have their registered offices at:
6 Bexhill Crescent