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Terms of Trade

Event Medic Services (EMS) is a division of The First Aid Training Company Ltd.
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Updated 15th November 2023

Please read these terms of trade in their entirety. This agreement will bind all users of our service. This agreement applies to all our products and services.

We may change this agreement from time to time. We will notify you about those changes by emailing you, writing to you or by putting a notice on our Website. The notice will set out the actual changes or will explain their general nature.

Any other changes to the terms of any agreement you may have with us must be accepted by us in writing.

1. Definition of Terms

The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires:

“First Aid Training Company”, “First Aid Company”, “FATC”, “Event Medic Services, “EMS”, ““us”, “we” and “our” mean The First Aid Training Company Ltd.;

“Service” means services or products provided by The First Aid Training Company Ltd. to customers;

“Client” and “You” mean the party or parties entering this agreement with FATC.

2. Other Terms, Conditions and Policies

Our general site policy outlines our expectations regarding conduct for all visitors to our Website, whether you are a customer or not. Other separate policies may be applied at any time for our other services or products. If these policies contravene our services, we reserve the right to withhold, restrict, suspend or cancel your use of them.

3. Our Contact Details

If you need to contact us, you can either:

Freephone: 0800 12 13 20
Email: hello@eventmedic.nz

Physical and Postal Address: Level 1, Unit B2, 198 Springs Road, Christchurch 8042, New Zealand

Website: www.eventmedic.nz

4. Our Commitments to You

In providing services to you, we will:

  • Provide our services with care and skill to the best of our ability
  • Begin providing you with services within a reasonable time or by any agreement we may have with you
  • Make sure to the best of our ability that the services we provide do everything we say they will do
  • Do our very best to provide our services, but at no time will we guarantee that any service will be continuous or fault-free
  • Restore any interrupted or faulty service as soon as we reasonably can

5. Your Responsibilities to Us

When we supply a service or product to you, it is your responsibility to:

  • Make sure all the information you provide us with is accurate and complete
  • Follow all policies applying to your use of our product or services and any instructions about using them
  • Comply with all the appropriate New Zealand Laws, including but not limited to the Privacy Act 1993, the Fair Trading Act 1986, the Copyright Act 1994, the Defamation Act 1992 and any relevant advertising codes of practice and any acts or codes that succeed them
  • Make sure that everyone else who uses the products or services we supply to you, or who does anything in relation to them, also meets these responsibilities

6. Our Charges and Credit Arrangements

Our prices are stated in New Zealand dollars and exclude GST.

We reserve the right to change our prices from time to time.

We will inform you of our charges for any service or training before we begin providing that service.

At any time, you may be required to:

  • Provide satisfactory evidence that you will be able to pay the charges for our services
  • Arrange a ‘fair’ bond, guarantee or other security

7. Billing

Most of our services require that you either pre-pay them via our Website or open an account with us. We will then invoice you each month with a certified GST invoice for the actual amount used.

The invoice which we send you will be based on our records. If you believe there has been an error on your invoice, please get in touch with the numbers listed on your invoice, and we will investigate the matter for you.

We accept credit card payments (Visa and Mastercard only) for most of our services.

If you do not pay an invoice by the due date for payment:

  • You may be charged interest on the unpaid amount from that date until you pay it; the interest rate is fixed at 27% PA and will be charged on unpaid amounts daily
  • You may be required to pay any costs that are incurred by anyone (including debt recovery agents) in recovering the money you owe or in exercising any other rights, including commissions and the legal costs of a solicitor
  • We may withhold, suspend, restrict or terminate any service we have provided to you

8. Identification Codes, Usernames and Passwords

We may allocate identification codes, usernames, and passwords for your use, depending on the product or service you select. We may change any code or username, but we will allocate you a new code and/or username. We will always give you as much advance notice as reasonably possible before making any changes.

You are responsible for keeping confidential your account number, identification code (s), username, and passwords used by or allocated to you. We may assume that you authorise any request or instruction we receive if it is accompanied by suitable verification (for example, your account number, identification code, username, or password).

9. Your Rights to Compensation from Us

Where we fail to meet our responsibilities to you, we will provide a refund limited to the amount of your charge.

A refund is not available where we did not meet our responsibilities to you due to incorrect information, causes beyond our reasonable control, or where we have withheld, suspended, restricted, or terminated our service.

10. The Consumer Guarantees Act 1993

The Consumer Guarantees Act 1993 contains consumer safeguards which may apply to services we provide for you. Any rights you may have under that Act apply in addition to the rights set out above.

11. Exclusion of All Other Liability

We have set out your rights to claim compensation from us. We now exclude all other liability we may have to you. This exclusion applies (but is not limited to) for the benefit of the following people:

  • First Aid Training Company Ltd.
  • Network operators whose networks may be used to provide our service
  • All companies directly or indirectly owned, partly owned or controlled by any of the people listed above
  • All officers, employees, contractors, agents or representatives of all the people listed above
  • Anyone else of the people listed above is responsible for.

    None of these people is liable to you or has to pay you for anything else caused by or resulting from anything any of them does or does not do or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies:
  • Whatever you are claiming for (including loss of profits or business)
  • However, liability arises or might arise if it were not for this clause

This exclusion does not prevent you from obtaining a court order requiring us to perform any obligations we have agreed to for you, nor does it limit any rights you may have under the Consumer Guarantees Act 1993.

12. Limitation of Our Liability

We have set out your rights to claim compensation from us and excluded all other liability we or any of the people listed above may have to you. If we or any of the people listed above are ever liable to you and, for any reason, cannot rely on the exclusion above, then this clause applies.

  • Where this clause applies, the maximum combined amount we and all the other people listed above will have to pay you and anyone else who uses the products or services we provide for you (together) is:

    $1.50 for any event or any series of related events
  • A total of $4.50 in any twelve-month period

13. Our Rights to Compensation From You

Where you do not meet your responsibilities to us, you must pay any reasonable expenses we incur in collecting any money you owe us or in exercising any of our other legal rights.

We recommend that you discuss with your insurer the arrangement of suitable cover for risks of loss or liability arising from these terms.

14. Using Information About You

In any relationship you have with us, we may collect information about you. The information may be obtained from you and others or generated within the equipment used to provide our services when you or anyone else uses our products or services. You may decide not to provide any of the information that any of us seeks from you. However, if you do not provide it, we may not be able to provide services to you.

You may request to see any information we hold about you, and we will provide it to you as long as we can readily retrieve it. You may also request that any incorrect details be corrected.

We may hold the information and share it with employees, contractors, credit reference agencies and collection agencies. This enables us to:

  • Provide services to you and others
  • Send you bills and recover the money you owe
  • Keep you informed of updated or new services available to you from other people and us
  • Exercise any lawful right any of us has.

We may share with network operators any information required to enable you to use any of our products or services; this does not include your name and address.

We may disclose information about you to law enforcement authorities (such as the Police or the Department of Internal Affairs) if we think it is necessary, for example, to help maintain the law.

15. Intellectual Property Rights

We may hold intellectual property rights in the products or services we provide to you, including, for example, copyrights, trademarks, and design rights. We retain all our rights when we provide a product or service to you.

16. Meeting Our Responsibilities Through Agents or Representatives

We may have our approved agent or representative perform and benefit from all or any part of our side of any agreement you may have with us.

17. Transferring Rights and Responsibilities

You may transfer and have someone else perform all or any part of your obligations under any agreement you have with us, provided you obtain our written approval first. We may transfer all or any part of our side of any agreement you have with us to someone else. We will let you know if we proceed with this.

18. More Than One Customer

Every person named as a customer in any agreement with us must meet all the customer’s responsibilities under that agreement.

19. Sending Bills and Notices

Bills or other notices will be sent to the last physical or electronic address you gave us. We, our agents or representatives, and anyone to whom we have assigned the amounts you owe us can assume any bill or notice sent by physical post has been delivered five days after it has been posted and any bill or notice sent electronically has been delivered on sending unless we receive a ‘failed to deliver’ message. Please advise us promptly of any changes to your physical or electronic addresses.

20. Responsibilities Under Other Agreements

We must meet all our responsibilities to you under every agreement we have with you. You must meet all your responsibilities to us under every agreement you have with us.

21. Each Term Separately Binding

Each term of every agreement you have with us is separately binding. If, for any reason, we, you or any of the people listed in clause 15 cannot rely on any term, all other terms remain binding.

22. New Zealand Law Applies

All our products and services are provided in accordance with New Zealand Law. You may take action against us only in a court in New Zealand.