Terms of Use

Our Terms of Use cover course purchases, payments, and your responsibilities as a learner. Please review to understand your rights and obligations.

Last Updated: 16th of October 2024

The Contract

  1. These Terms of Use ("Terms") govern your purchase and use of our courses and form a legally binding agreement between you ("You" or "Customer") and Prac Skills ("Company," "We," or "Us"), based on the terms under which the Company will provide you with access to the course(s).
  2. By purchasing a course from us, you signify your agreement to abide by these Terms of Use.
  3. You acknowledge that your electronic consent will have the same legal effect as if it were signed by you personally. To the extent permitted by law, these Terms of Use are intended to supersede any provisions of applicable law that might otherwise limit their enforceability or effect because they were entered into electronically.
  4. Please save a copy of these Terms of Use for your records.
  5. These Terms have been written in the English language.

Introduction and How to Contact Us

  1. Prac Skills is a company based at Suite 14670 17B Farnham Street, Parnell, Auckland 1052 New Zealand.
  2. You can reach us by emailing us at hello@pracskills.com.
  3. If we need to contact you, we will do so by telephone or by writing to the email or postal address you provided in your purchase or account information.
  4. Emails are considered "writing." When we use the words "writing" or "written" in these Terms, this includes emails.

Your Personal Information

  1. We will only use your personal information as set out in our Privacy Policy.
  2. If you wish to change your preferences regarding unsolicited commercial messages, please email us at hello@pracskills.com.

Cookie Policy

Introduction

  1. This Cookie Policy explains how Prac Skills ("We," "Us," or "Our") uses cookies and similar technologies when you visit our website at www.pracskills.co.nz (the "Website").
  2. By using the Website, you consent to the use of cookies in accordance with this policy.

What Are Cookies?

  1. Cookies are small text files that are stored on your computer or mobile device when you visit a website.
  2. They are widely used to make websites work efficiently and to provide information to the owners of the site.

Types of Cookies We Use

  1. Essential Cookies: Necessary for the operation of the Website and enable you to navigate and use its features.
  2. Performance and Analytics Cookies: Collect information about how visitors use our Website, helping us understand website traffic and improve performance.
  3. Functionality Cookies: Remember choices you make to provide a more personalized experience.
  4. Targeting and Advertising Cookies: Used to deliver relevant advertisements and measure the effectiveness of our marketing campaigns.

Legal Basis for Processing (GDPR Compliance)

  1. Our use of cookies involves the processing of personal data under the General Data Protection Regulation (GDPR).
  2. The legal basis for processing essential cookies is our legitimate interest in operating and maintaining the Website.
  3. For non-essential cookies, we rely on your consent.

Cookie Consent

  1. Upon your first visit to our Website, you will see a cookie banner requesting your consent to use non-essential cookies.
  2. You can manage your cookie preferences at any time through our Cookie Settings or your browser settings.

Third-Party Cookies

  1. We may use third-party service providers, such as analytics and advertising partners, who may set cookies on your device.
  2. These third parties have their own privacy policies and cookie policies, which we encourage you to review.

Managing Cookies

  1. You have the right to accept or reject cookies.
  2. You can exercise your cookie preferences by using our Cookie Settings or adjusting your browser settings to refuse cookies.

Your Rights Under GDPR

  1. If you are located in the European Economic Area (EEA), you have certain rights under the GDPR, including:
    • The right to access, correct, update, or request deletion of your personal data.
    • The right to object to the processing of your personal data, ask us to restrict processing, or request portability of your personal data.
    • The right to opt-out of marketing communications.
    • The right to withdraw your consent at any time.
  2. To exercise any of these rights, please contact us at hello@pracskills.com.

International Data Transfers

  1. Your personal data may be transferred to and processed in countries outside of New Zealand.
  2. We ensure that appropriate safeguards are in place to protect your personal data in accordance with GDPR and the New Zealand Privacy Act 2020.

Changes to This Cookie Policy

  1. We may update this Cookie Policy from time to time.
  2. Any changes will be posted on this page with an updated revision date.

Our Right to Make Changes

  1. We may update these Terms and/or change the Services from time to time to reflect changes in business needs, such as changes in features and functionality, technology, payment methods, relevant laws, or system capabilities.
  2. Changes are effective immediately upon publication on our website, to the extent permitted by law.
  3. Your continued use of any of the Services after the posting of amended Terms signifies your acknowledgment and agreement to the changes.
  4. We will notify you in advance if we make any significant changes to these Terms. If you continue to use the Services after the changes take effect, you agree to the changes.
  5. If you do not wish to continue using the Services under the revised Terms, you may contact us to discuss your options.

General

  1. Prac Skills provides educational courses that you can purchase individually.
  2. The Services include, but are not limited to, facilitating and delivering courses and related materials.
  3. You are responsible for ensuring that you have the necessary equipment, internet connectivity, and software to access and use the Services.
  4. If you choose to access or use our Services that require payment of a fee, you agree to pay that fee and any applicable taxes.
  5. By providing payment information, you represent and warrant that you are authorized to supply such information and authorize Prac Skills to charge your payment method to pay the fees as they become due.
  6. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms, including charging other payment methods on file or engaging a collection agency.

Course Purchase and Payment Options

  1. Course Purchase: By purchasing a course, you will be granted access to the course content upon receipt of payment or as per the terms of your payment plan.
  2. Payment Options:
    • Upfront Payment: You may choose to pay the full course fee upfront at the time of purchase.
    • Payment Plan: We may offer payment plans that allow you to pay the course fee in installments over a specified period. Details of available payment plans, including the number of installments and payment schedule, will be provided at the time of purchase.
    • Afterpay or Klarna: You may choose to finance your purchase through Afterpay or Klarna, a third-party payment service provider that allows you to pay for your purchase in four equal fortnightly installments, interest-free.
  3. Using Afterpay or Klarna:
    • If you select Afterpay or Klarna as your payment option, you will be redirected to Afterpay or Klarna’s platform to complete the transaction.
    • You will need to create an Afterpay or Klarna account (if you don't already have one) and agree to Afterpay or Klarna terms and conditions and privacy policy.
    • Approval for Afterpay and Klarna transactions is managed by Afterpay and Klarna, and Prac Skills has no control over the approval process.
    • Once approved, Afterpay or Klarna will pay Prac Skills on your behalf, and you will make repayments directly to Afterpay or Klarna.
  4. Important Considerations:
    • Late fees may apply if you fail to make a payment on time, as per Afterpay's or Klarna’s terms.
    • Your use of Afterpay or Klarna is subject to their terms and conditions and privacy policies, which are independent of Prac Skills' policies.
    • Prac Skills is not responsible for the services provided by Afterpay or Klarna and cannot intervene in disputes between you and Afterpay or Klarna.
  5. Payment Authorization:
    • By providing payment information, you represent and warrant that you are authorized to use the payment method and authorize Prac Skills (or our third-party payment processor) to charge your payment method for the total amount of your purchase, including any applicable taxes and fees.
  6. Late or Failed Payments:
    • If a payment does not successfully process due to expiration, insufficient funds, or otherwise, and you do not update your payment method or make alternative arrangements, we may:
      • Suspend or terminate your access to the course until we have successfully charged a valid payment method.
      • Charge late fees or interest as permitted by law.
      • Engage a collections agency or take legal action to collect any outstanding amounts.
    • For payments made through Afterpay or Klarna, any payment-related issues, including missed payments or disputes, must be managed directly with Afterpay or Klarna according to their terms and conditions.

Refunds and Cancellations

  1. 7-Day Money-Back Guarantee:
    • We offer a 7-day money-back guarantee from the date of purchase. If you are not satisfied with the course for any reason, you may request a full refund within 7 days of your purchase date.
  2. Eligibility Criteria:
    • You must not have accessed more than 20% of the course content.
    • You must submit your refund request within 7 days of the purchase date.
  3. How to Request a Refund:
    • To request a refund, please contact us at hello@pracskills.com with your order details and the reason for your request.
  4. Processing Refunds:
    • If approved, refunds will be processed within a reasonable timeframe using the original payment method unless otherwise agreed.
    • For purchases made using Afterpay or Klarna, refunds will be processed according to their refund policies. Any refunds processed will adjust your payment schedule with Afterpay or Klarna accordingly.
  5. Course Commencement:
    • If you have accessed more than 20% of the course content or completed the course, you are no longer eligible for a refund unless required by New Zealand Consumer Law.

Consumer Rights

  1. Our goods and services come with guarantees that cannot be excluded under New Zealand’s Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
  2. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
  3. You are also entitled to have the goods or services remedied if they fail to be of acceptable quality and the failure does not amount to a major failure.

Access to Course Materials

  1. Upon successful payment (or as per the terms of your payment plan), you will receive access to the course materials.
  2. Access to course materials is provided for a specified period as indicated at the time of purchase. If no period is specified, access is granted for a minimum of 12 months from the date of purchase.
  3. It is your responsibility to ensure that you complete the course within the access period. Extensions may be granted at our discretion and may be subject to additional fees.

User Conduct and Obligations

  1. You agree to use the Services only for lawful purposes and in accordance with these Terms.
  2. You agree not to:
    • Share your login credentials with others or allow others to access the course using your account.
    • Copy, distribute, modify, or create derivative works of the course materials without our express written permission.
    • Use the course materials or Services in any manner that infringes or violates any third-party rights or laws.
  3. We reserve the right to terminate your access to the Services if you violate these Terms.

Intellectual Property Rights

  1. All course materials, including text, images, videos, and other content, are the intellectual property of Prac Skills or its licensors.
  2. You are granted a limited, non-exclusive, non-transferable license to access and use the course materials for your personal, non-commercial use.
  3. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, or create derivative works of any course materials unless expressly authorized by Prac Skills.

Disclaimers of Warranties

  1. We provide the Services and course materials on an "as is" and "as available" basis without any warranties, express or implied.
  2. We do not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.
  3. To the extent permitted by law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

  1. To the extent permitted by law, Prac Skills shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Services.
  2. Our total liability to you for any claims arising under these Terms shall not exceed the total amount paid by you to Prac Skills for the course giving rise to the claim.
  3. Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies that you may have under New Zealand Consumer Law.

Governing Law

  1. These Terms are governed by and construed in accordance with the laws of New Zealand.
  2. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand for the resolution of any disputes arising out of or relating to these Terms or the Services.

Changes to These Terms

  1. We may update these Terms from time to time.
  2. Any changes will be effective when we post the revised Terms on our website.
  3. We will notify you of any significant changes to these Terms.
  4. Your continued use of the Services after the changes take effect signifies your acceptance of the revised Terms.

Privacy

We are committed to protecting your privacy.

Please review our Privacy Policy for information on how we collect, use, and disclose personal information.

Contact Us

If you have any questions or concerns about these Terms or the Services, please contact us at:

  1. Email: hello@pracskills.com
  2. Address: Suite 14670 17B Farnham Street, Parnell, Auckland 1052 New Zealand

Acknowledgment

By purchasing a course from Prac Skills, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them.

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