OVERVIEW This website is operated by Leepark International Limited T/A Education Trust (“Education Trust”). Throughout the site, the terms “we”, “us” and “our” refer to Education Trust. Education Trust 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. 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 online payment is hosted on Paystation. 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 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (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 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 website. You agree that it is your responsibility to monitor changes to our website. SECTION 4 MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products/services are subject to change without notice. We reserve the right at any time to modify or discontinue the Product/Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service. SECTION 5 SERVICES The Services we will provide each client are outlined in the letter of engagement or as subsequently agreed either in writing or verbal instructions.
Certain services may be available exclusively online through the website. These services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of services or service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any 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 INFORMATION OF YOU, CLIENTS You will provide in a candid, full and timely fashion all information and documents reasonably required to enable us to provide the Services. SECTION 7 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 household 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. If 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 Website. 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 below. SECTION 8 THIRD-PARTY LINKS The website may contain links to other websites. Education Trust accepts no responsibilities or liability for any material supplied by or contained on any third-party website, which is linked from or to the Website, or any use of personal data by such third-party. Education Trust no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the materials or views contained within them. SECTION 9 DUTY OF CARE When you engage with us by signing the letter of engagement, our duty of care is to you and not to any other person. Before any other person may rely on our service, we must expressly agree to this. SECTION 10 CONFIDENTIALITY We will hold in confidence all information concerning you or your affairs acquired during acting for you. We will not disclose any of this information to any other person without your prior consent unless such disclosure is required for, SECTION 11 PERSONS RESPONSIBLE FOR WORK The names and status of the person or persons who will have the general carriage of or overall responsibility for the Services provided for you are set out in the letter of engagement. SECTION 12 REPORTING We will report to you orally or in writing at appropriates times throughout the engagement when there are developments or matters requiring decisions or input from you. However, you are welcome to contact us for an update on progress when needed. SECTION 13 FINANCIAL Fees Fees are charged in the manner in which they are determined and are set out in our fee estimate, enclosed with the letter of engagement. If a fixed fee, we will charge this for the agreed scope of our services. In setting fee, we have taken into account the expected amount of work involved and our standard hourly rate. If any extra work is required involving additional fees, we will advise you of the reasons why and obtain your written approval, before doing any extra work. Work which falls outside that scope will be charged on an hourly rate basis. Where fees are calculated on an hourly basis, the hourly rates are set out in the letter of engagement. Upon signing the letter of engagement, a non-refundable deposit is payable before work will commence. Disbursement and expenses Disbursements are not part of our fee(s). They are payments made to others or expenses incurred by us on your behalf. Where disbursements are incurred, or payments to third parties are made on behalf of you during the engagement, those disbursements will be included in our invoice. Payment for such disbursements will invariably be required in advance. GST GST, if any, is payable by you on fees, disbursements and any other charges. Invoices Interim invoices will be sent to you on completion of specific tasks as outlined in the payment schedule of the fee estimate, termination of the engagement, when disbursements are due or when significant expenses have been incurred. Payment Invoices are payable within one day of the date of the invoice unless alternative arrangements have been made before acceptance of instructions or when otherwise stated. If you perceive that there are going to be difficulties paying an account within the due date, you may contact us immediately to discuss other alternatives. SECTION 14 RECEIPTS The Receipt for each instalment payment based on the fee schedule in the letter of engagement will be issued. It will be emailed to you within two working days after such payment. SECTION 15 CONFLICT OF INTEREST We have procedures in place to identify and respond to conflicts of interest. If such a conflict arises, you will be notified. Unless you expressly agree in writing, we cannot represent you if: • You have potentially conflicting interests with another client of ours, or • We have a potential conflict of interest with you. SECTION 16 LIMITS Any limitations on the extent of our obligations to you or any limitation or exclusion of liability are set out in our letter of engagement. SECTION 17 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 18 PROHIBITED USES In addition to other prohibitions as set forth in 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 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 19 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 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 Education Trust, 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 20 INDEMNIFICATION You agree to indemnify, defend and hold harmless Education Trust 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 attorneys’ 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 21 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 22 TERMINATION 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. The engagement will continue until all the services have been provided unless sooner terminated by agreement. Either party may terminate the agreement according to the letter of engagement. If either you or we term terminate this engagement under this clause, we will be entitled to be paid a fair and reasonable fee for the work done by us up till then. If for any reason we cannot continue to act as your representative, we will take reasonable steps to ensure that your interests are represented. We will not terminate our service to you unless there is good cause for us to do so. The good clause includes where: • You breach any of your obligations to us, or • You fail to pay any payment due for a period of 30 days or more, or • We are unable to carry out our services because of a change in New Zealand Law or Instructions. SECTION 23 REFUND POLICY We cannot and will not, refund any fees or disbursements that have already paid to third parties on your behalf. The deposit paid upon signing the letter of engagement is non-refundable. Further invoices are sent out when each instalment payment is due, the invoice is payable, and no refund will be issued, even when the agreement is terminated. No refund is payable if you have breached your obligations to us or Immigration New Zealand. No refund is provided when your application is declined. We will not terminate our service to you unless there is good cause for us to do so. The good clause includes where: • You breach any of your obligations to us, or • You fail to pay any payment due for a period of 30 days or more, or • We are unable to carry out our services because of a change in New Zealand Law or Instructions. SECTION 24 CLIENT DOCUMENTATION’ When you engage with us by signing the letter of engagement, you authorizes us (without further reference to you) to destroy all files and documents for this matter (other than any documents that we hold in safe custody for you) after seven years after the engagement ends, or earlier if those files and documents have been converted to electronic format. SECTION 25 AUTHORITY TO ACT You authorize us to act for you in relation to the immigration matter(s) identified in the letter of engagement. SECTION 26 INDEPENDENT LEGAL ADVICE You have the right to seek your own legal advice about these terms and conditions and the letter of engagement. If you would like to obtain your own legal advice, please do so before you sign the letter of engagement. SECTION 27 COMPLAINTS Complaints by you are taken seriously. We maintain a procedure for handling complaints to ensure a complaint is dealt with promptly and fairly. If you have a complaint about our services, please refer to the copy of our internal complaints procedures which has been provided to you, and which set out how you can make a complaint to us, and the process by which we will respond.
SECTION 28 ACCEPTANCE OF TERMS We will presume that these terms are acceptable unless written notification for you is received to the contrary. SECTION 29 CURRENCY All prices displayed on the website and the letter of engagement are in New Zealand dollars unless it is shown otherwise. SECTION 30 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 31 GOVERNING LAW These terms and conditions of use are governed by the Laws of New Zealand. By visiting the Website visitors agree to submit to the jurisdiction of the New Zealand Courts. SECTION 32 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 33 CONTACT INFORMATION Our contact details are, Office Address: Level 31 Plimmer Towers Building 2-6 Gilmer Terrace Wellington 6011 Our phone number: 64 4 896 6314 Questions about the Terms and Conditions should be sent to us at firstname.lastname@example.org