Terms and Conditions

This FACT Training Solutions website is owned by FACT Solutions Limited.

Use of Our Website

Please read the following Terms and Conditions, which relate to information regarding general use of our websites and the terms and conditions relating to purchases of subscriptions. By using our websites, you are agreeing to these Terms and Conditions whether as a registered user or subscriber. By using our site you are indicating you accept these terms of use and that you agree to abide by them. From time to time we may change these Terms and Conditions, and will post revisions on this website. We recommend that you read these Terms and Conditions prior to using our sites and thereafter regularly review any changes and you are responsible for doing so.

Privacy

Use of the data that you provide us, or which is collected by use on our website, is governed by our Privacy Policy stated after these Terms and Conditions. By using our site you consent to such processing.

Access to the FACT Training Solutions Website

We try to ensure that website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We of course try to limit the frequency and duration of any suspension or restriction.

Accounts and Passwords

If you have registered or subscribed to use any service within the FACT Training Solutions Website, any user identification code or password is personal and non transferable and must be kept confidential and used only by you (unless agreed in writing with FACT Solutions Limited) for the specified term of your subscription or registration period (which may be terminated at the discretion of FACT Solutions Limited). We have the right to take action should this requirement be breached.

Our Products and Services

FACT Training Solutions provides an online revision website for Program Management professionals. A description of what is included in each FACT Training Solutions subscribed service is contained on our website including the period of each subscription. News Headlines and any other service which are currently available without a subscription are also indicated on the website.

The website has not been optimized for use via mobile devices and users wishing to do so should be aware that they may not experience full functionality of the site.

Placing an Order and our Acceptance

When you request an online purchase, the language and all materials that we offer to you for the conclusion of this process will be English only.
When submitting your request to purchase any FACT Training Solutions service, you will be asked to indicate which products that you wish to subscribe to. You will then proceed to another web page which will require you to initiate an account, by entering in your email address and choosing a password. You will then proceed to a secure payment page which is part of Paypal and you will need to select your payment method, in which case your payment will then be processed by Paypal. When you submit this you are making an offer to purchase the relevant FACT Training Solutions product or service, which we may accept or decline. After you submit your offer, you will receive confirmation that your payment was either successful or unsuccessful.

We do not receive or hold your credit card details. When using Paypal, a certified agency, your credit card details are stored by Paypal and only transmitted to the appropriate credit card agency for processing.

Please note that if you wish to cancel any subscription that you have purchased after our contract comes into effect, cancellation shall be at our discretion and if accepted may be subject to a cancellation charge. You hereby agree that no cancellation is allowed after these services have started to be supplied. This does not otherwise affect your statutory rights.
FACT Training Solutions services are supplied subject to availability and remaining in current circulation. In the event that we are unable to supply any FACT Training Solutions services for the agreed term, we will inform you as soon as possible and provide you with a pro rata refund in the event that you have paid for a period for which we cannot comply. We will not however be liable to the full extent permitted by law, for any direct or indirect loss caused as a result of not being able to supply to you within the subscription for all or any of the periods subscribed to.

Prices and Payments

The price that you pay for the FACT Training Solutions services you order will be the standard pricing as indicated on the website. These prices are inclusive of all taxes and delivery unless otherwise indicated. All subscribers are required to make payment in United States dollars. Should you be paying from an account outside of the United States, the exchange rate will be calculated by your bank, on processing the transaction.

We try to ensure that all of our prices on our website are accurate, however errors may occur. If we discover any errors in the prices of the services that you have ordered, we will inform you as soon as possible and give you the option of recommencing your order at the correct price or canceling it. If you do not respond to our contact, we will treat the order as cancelled. If you order and we have already processed your payment, you will receive a full refund.

We take all reasonable precautions to keep the details of your order and payment secure. Unless we are negligent however, we cannot be liable for losses causes as a result of unauthorized access to the information provided by you.

Intellectual Property Rights

The content, layout, design, data, databases and graphics on this website are protected by New Zealand and other international intellectual property laws and are owned by FACT Solutions Limited. Unless expressly permitted in writing, and other than printing a certificate you have obtained and displaying our content on your screen and saving this within our FACT Training Solutions site, (strictly for your personal non-commercial use), no part of the website and/or its content may be reproduced, stored in any medium, including but not limited to a retrieval system or transmitted, in any form or by any means including but not limited to electronic, digital, paper, mechanical, via photocopying, recording, broadcasting nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify any of the copies you have displayed on screen (or in printed certificates) in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text. Any permitted use of our material above is subject to ensuring that our copyright notices and trade marks appear as they do on our website. If you use any material from our website in breach of these terms of use, your right to use our site will cease immediately and you must at our option return or destroy any copies of the materials you have made in breach. All rights not expressly granted in these terms or any express written license, are reserved.

FACT Training Solutions trademarks and logos which are displayed on the website are the trademarks of FACT Solutions Limited. Any use including framing, metatags or other text utilizing FACT Solutions Limited trademarks or other trademarks displayed, is strictly prohibited without our express written consent.

Any material you upload to any user forum or via any news voting function will be considered non-confidential and non-proprietary (unless otherwise stated on the site) and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

Permission for use of our intellectual property

Any request for permission to use our content or images, or other use of our intellectual property not authorized under a subscription, should be made by emailing fsl@fact.co.nz .

Disclaimers and limitations of liability

Disclaimers
• Description or reference to an organisation, product or publication or service does not imply endorsement of that unless it is owned by FACT Solutions Limited and in which case it is subject to the disclaimers and limitations of liability herein. To the fullest extent permitted by law the material and information displayed on our website is provided without any guarantees, conditions or warranties as to accuracy.
• The material on this website is intended for use as an exam revision or personal development resource. FACT Solutions Limited does not make any guarantees that use of FACT Training Solutions products or services will guarantee success in any examination or other test of any nature.

Limitation of Liability

To the fullest extent permitted by law, FACT Solutions Limited expressly exclude:
• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
• any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the information contained on or use or inability to use or result of the use of our website, any websites linked to it and any material posted on it, including without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and
• any direct losses in excess of twice any subscription fees paid.
Nothing in this provision affects our or our contractor’s liability for death or personal injury arising from our (or their) negligence nor our (or their) liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under an applicable law.

Your conduct

You must not use the website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must use the website for lawful purposes only. You must not use the website for any of the following:
• Fraudulent purposes in connection with a criminal offence or otherwise unlawful activity
• To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam
• To cause annoyance, inconvenience or needless anxiety
• To reproduce, duplicate copy or resell any part of our site in contravention with these terms of use.

Governing law

These Terms and Conditions shall be governed and construed in accordance with the laws of New Zealand, whose courts shall have exclusive jurisdiction, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country.



Privacy Policy

This policy discloses what information we gather about you when you visit www.fact-training.com or www.fact.co.nz or buy products directly from us. It describes how we use that information and how you can control it.

Information Provided

FACT Training Solutions (FACT Solutions Limited) collects customer information through its website. We use this information to process orders and registrations, and communicate with our customers about products, courses, services and promotions. This information is kept in our secure database and is used to contact and inform you about FACT Solutions Limited opportunities. FACT Solutions Limited does not sell or rent our customer information.

Update or Deletion of Information

If at any time you would like us to correct or change any of your personal information on file, please feel free to contact fsl@fact.co.nz .
Users who provide information requested by the site, can opt out of receiving email notices, newsletters and such by responding to the unsubscribe line on such emails, newsletters, etc.

How Safe is my Information

We don't receive and hold your credit card details. Instead we use the online payment system operated by Paypal, a certified agency, to receive and process your credit card payments in the FACT Training Solutions shopping cart. Paypal hosts and manages the payment page, which is secured by its own SSL certificate. Your credit card details are stored by Paypal and only transmitted to the appropriate credit card agency for processing.

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our web site

Links to other Website and Services

FACT Solutions Limited web site may contain links to other sites that are not under our control. These websites have their own policy regarding privacy. You should review those policies before visiting the web sites. Fact Solutions Limited has no responsibility for linked web sites and provides these links solely for the convenience and information of our visitors.