Terms and Conditions for use of. The Skills Organisation Online Services Portal

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Eugene Bailey
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Terms nd Conditions for use of The Skills Orgnistion Online Services Portl By using this portl to register with The Skills Orgnistion, or to ook nd complete n ssessment (where ville) you gree to the

1 Terms nd Conditions for use of The Skills Orgnistion Online Services Portl By using this portl to register with The Skills Orgnistion, or to ook nd complete n ssessment (where ville) you gree to the following Terms nd Conditions. There re two schedules of Terms nd Conditions; Schedule 1 Generl terms nd conditions pplicle to ll users of the portl. Schedule 2 Specific terms nd conditions pplicle to FINANCIAL SERVICES CANDIDATES using the portl to register, ook nd/or sumit evidence for n exmintion or ssessment. Skills 2017 T&C s _Generl & FSC_ v1.1 Pge 1 of 7

2 Schedule 1 - Generl Terms nd Conditions for trinees using The Skills Orgnistion s Online Services Portl ANY ACCESS TO OR USE OF THE PORTAL BY YOU CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THESE TERMS AND CONDITIONS. 1 Access We gree to provide you with ccess to the Online Services Portl vi the Internet ( Agreement ). You cknowledge tht the ccess to nd use of the Portl my e impired or prevented y vriety of fctors eyond our control, for instnce defects in your computer system nd prolems with internet connectivity etween you nd our server, nd tht we re not responsile for ny such fctors or their effects. 2 Your oligtions. You must: c 3 Wrrnties supply us with true, ccurte, current nd complete informtion upon request nd mintin nd promptly updte such informtion to keep it true, ccurte, current nd complete; select n ccess pssword tht is not redily le to e guessed nd regulrly chnge ccess psswords in ccordnce with good computer security prctice; nd keep your ccount ccess detils nd ccess pssword secure nd confidentil nd if your ccount ccess detils ecome compromised, chnge your ccess pssword immeditely. 3.1 No wrrnties or representtions: We give no wrrnties nd mke no representtions of ny kind relting to the Online Services Portl including, without limittion, ny implied wrrnties of non-infringement, fitness for prticulr purpose, or merchntility, nd we exclude ll wrrnties to the mximum extent permitted y lw. The Online Services Portl is mde ville to you strictly on n s is sis. 3.2 Consumer Gurntees Act: You cknowledge nd gree tht ll services supplied under these Terms nd Conditions re cquired for the purposes of usiness nd tht the gurntees provided under the Consumer Gurntees Act 1993 shll not pply. 4 Limittion of liility 4.1 Our liility: Except to the extent tht it is unlwful to exclude such liility: 5 Intellectul property We will not in ny circumstnces [including, without limittion, negligence or rech of sttutory duty] e lile for ny loss of profits, loss of revenue, loss of svings, loss of dt, or for ny indirect, consequentil, specil, exemplry, punitive, incidentl, or other loss or dmges regrdless of the form of ction or theory of liility even if we re dvised of the possiility of such loss or dmges. 5.1 Ownership. The content of the Online Services Portl is the intellectul property of The Skills Orgnistion. 5.2 Restrictions: You must not, without our prior written consent (which my e withheld or grnted suject to conditions): decompile, reverse engineer, disssemle, modify, dpt, crete derivtive works from, or otherwise ttempt to derive, the softwre code or structure, ides or lgorithms underlying the Online Services Portl; Skills 2017 T&C s _Generl & FSC_ v1.1 Pge 2 of 7

3 c d 6 Confidentil informtion sell, rent, lese, sulicense, redistriute, reproduce, trnsmit, circulte, disseminte, trnslte or reduce to or from ny electronic medium or mchine redle form the Online Services Portl, in whole or in prt; use the Online Services Portl or permit it to e used, for the provision of consulting services to third prties, for the purposes of softwre development, or for commercil time shring, service ureu or similr use; or commit ny ct or omission the likely result of which is tht our reputtion will e dmged or which ct or omission could resonly e expected to hve or does hve mteril nd dverse effect on our interests. You cknowledge tht the Online Services Portl s content is our Confidentil Informtion. You will keep secret nd confidentil t ll times, ll Confidentil Informtion of Skills nd will not use, communicte, cuse to e communicted, copy, mke ville or otherwise resupply ny such Confidentil Informtion to ny person except s is resonly necessry for the purposes of these Terms nd Conditions, or s otherwise required y lw. 7 Personl informtion 7.1 Generl: Skills will use ny personl informtion (s tht term is defined in the Privcy Act 1993) provided y you through using the Online Services Portl for the purposes of providing ssessment services to you. Your personl informtion is collected y Skills nd my e held y Skills from time to time. The ddress of Skills is: Level 2, LG House, The Crossing, Business Prde, Highrook, Est Tmki, Aucklnd If you do not provide the personl informtion requested we my not e le to provide the services you require. 7.2 Access nd correction of personl informtion: You my upon request otin from Skills confirmtion of whether or not it holds personl informtion out you in the Online Services Portl. You my t ny time request correction of your personl informtion. 7.3 Dt: By ccepting the terms of these Terms nd Conditions, you cknowledge tht your personl detils nd ssessment results my e sent to the New Zelnd Qulifictions Authority, the Tertiry Eduction Commission nd your employer [if pplicle], nd tht, Skills my receive your ssessment results from the New Zelnd Qulifictions Authority. 8 Termintion 8.1 Termintion for rech: if you don t comply with these Terms nd Conditions we my, in our sole discretion, terminte your ccess pssword, ccount or use of the Online Services Portl. 8.2 Termintion without rech: Either you or we my terminte this Agreement t ny time for ny reson y giving not less thn 30 dys prior written notice, which notice my e given y us vi the login screen. 8.3 Consequences of termintion: If this Agreement is terminted for ny reson: your right to ccess or use the Online Services Portl is immeditely revoked; nd you shll not ttempt to ccess or use the Online Services Portl. 8.4 Preservtion of rights: Termintion of this Agreement shll not ffect: the rights of prty which ccrued up to nd including termintion; or the provisions of this Agreement which y their nture, survive termintion nmely section 3 (Wrrnties), section 4 (Limittion of liility), section 5 (Intellectul property), section 6 (Confidentil Informtion), section 7 (Personl informtion), nd this section 8. Skills 2017 T&C s _Generl & FSC_ v1.1 Pge 3 of 7

4 Schedule 2 - Terms nd Conditions pplicle to FINANCIAL SERVICES CANDIDATES using the Skills Orgnistion Online Portl to register, ook nd/or sumit evidence for n ssessment or exmintion. THE SKILLS ORGANISATIONS GENERAL TERMS AND CONDITIONS FOR THE SKILLS ORGANISATION ONLINE PORTAL, IN SCHEDULE 1, ARE TO BE READ WITH THESE TERMS AND CONDITIONS.ANY ACCESS TO OR USE OF THE REGISTRATION AND BOOKING FACILITY BY YOU CONSTITUTES YOUR ACCEPTANCE OF BOTH THE SKILLS ORGANISATIONS GENERAL TERMS AND CONDITIONS AND THESE ADDITIONAL TERMS AND CONDITIONS. ASPEQ MEANS ASPEQ LIMITED, A DULY INCORPORATED COMPANY HAVING ITS REGISTERED OFFICE IN LOWER HUTT CONTRACTED BY SKILLS FOR THE PROVISION OF THE EXAMINATION SYSTEM 1 Cndidte s oligtions 2 Pyment You must present ssessment mteril nd documents tht re your own work, tht re genuine nd do not contin flse or misleding sttements. Discovery tht mteril or documents re not your own work my result in termintion of your ssessment, removl of ny credit chieved from your record of lerning nd notifiction to the Finncil Mrkets Authority. 2.1 Generl: Pyment of the Fees is not required t the stge of Cndidte Registrtion. However, when you select ssessment or exmintion, the pplicle Fees re clculted nd ecome due for pyment immeditely. Exmintion Fees re collected vi the Secure Pyment Process (unless you re selecting exmintion s Bulk Suscription Cndidte in which cse cluse 2.2 shll pply). The Secure Pyment Process is provided y Aspeq nd Aspeq is responsile for ll mtters regrding the Secure Pyment Process. The portfolio ssessment Fees re mde y the cndidte to Skills over the telephone through pyment mngement system. 2.2 Bulk Suscription Cndidtes: If you re Bulk Suscription Cndidte then you my ccess Cndidte Registrtion nd proceed to portfolio ssessment or exmintion provided tht the entity or orgnistion which pys the Fees hs een invoiced 3 Limittion of Liility 3.1 Interprettion of legisltion: You cknowledge tht to prepre ssessments for finncil dvisors' Skills hs hd to interpret the relevnt lws nd regultions pertining to finncil dvisors including, without limittion, the Finncil Advisers Act 2008 ('Finncil Advisers' Lws'). Skills does not represent or wrrnt tht ny ssessment for finncil dvisors is n uthorittive interprettion of the Finncil Advisers' Lws. Skills recommends tht you seek independent legl dvice in reltion to your oligtions under the Finncil Advisers' Lws. You gree nd wrrnt tht you will not rely on Skills interprettion of the Finncil Advisers' Lws nd gree to wive ny nd ll clims ginst Skills resulting from your relince on ny informtion included in n ssessment. Skills will not under ny circumstnces e lile under the lw of tort (including negligence), contrct or otherwise for ny loss of income, profits or svings or for ny indirect, incidentl, consequentil, exemplry, punitive or specil loss or dmge of ny prty (including third prties), however cused, rising out of or in connection with ny ssessment or your relince on informtion included in n ssessment. 4 Intellectul property 4.1 Ownership: The content of the Assessment System nd Services, ll exmintion form nd content, nd ssessment mteril is the intellectul property of Skills nd the Assessment System nd Services utilises the services of Aspeq. You cknowledge tht the Assessment System nd Services, ll exmintion form Skills 2017 T&C s _Generl & FSC_ v1.1 Pge 4 of 7

5 nd content, ssessment mteril nd ll intellectul property rights in reltion to the sme re the property of Skills, Aspeq or third-prty licensor (s the cse my e). Skills, Aspeq nd ny third-prty licensor re entitled to tke whtever lwful ction they my decide in order to protect their rights in the Assessment System nd Services, exmintion form nd content, nd ssessment mteril. 5 Personl informtion 5.1 Dt: By ccepting the terms of this Agreement, you cknowledge tht your personl detils nd ssessment results my e sent to the Finncil Mrkets Authority, the New Zelnd Qulifictions Authority, the Tertiry Eduction Commission or your Delegted Assessment Orgnistion nd tht, where you re ssessed y prty other thn Skills or Aspeq, Skills my receive your ssessment results from the New Zelnd Qulifictions Authority. 6 6 Portfolio Assessment 6.1 Cncelltion: You my cncel n ssessment t ny time prior to or following the ddition of documents to the portfolio provided tht such cncelltion is received y us prior to oth completion of the portfolio nd commencement of ssessment of the portfolio. Cncelltions received y us fter completion of the portfolio or commencement of ssessment of the portfolio will e ccepted only on medicl grounds (on production y you of medicl certificte proving medicl incpcity) or on compssionte grounds (on production y you of cceptle evidence of compssionte circumstnces) within 10 dys of receipt of the cncelltion notifiction y us. Skills reserves the sole right to determine the vlidity or otherwise of resons given or evidence provided y you to support grounds for cncelltion. 6.2 Cncelltion Fee: The Fee for cncelltion of workplce ssessment is $380 + GST [or $130 + GST if you re memer of Delegted Assessment Orgnistion] per ssessment. 6.3 Assessment Results: Results will e ville through your secure log-in following qulity ssurnce nd reporting. Under no circumstnces will ssessment results e given y telephone, y fx, or to third prty, other thn, s per Cluse 5.1, to the Finncil Mrkets Authority, the New Zelnd Qulifictions Authority, the Tertiry Eduction Commission or your Delegted Assessment Orgnistion (if pplicle). 6.4 Assessment Appel: You my pply for n ppel in the ssessment process if you re disstisfied with either the process or the ssessor s decision. The ppliction for n ppel must e received y SKILLS within one clendr month of receipt y you of the ssessor s decision. The Fee for n ssessment ppel is $350 + GST ( Appel Fee ). If n ssessment ppel initited y Cndidte results in not yet competent result eing chnged to competent result, then the Appel Fee will e refunded to you. 6.5 Booking Expiry: If you do not conclude n ssessment within nine (9) months of completing the online ooking (ssessment reservtion) for such ssessment then tht online ooking will expire. If n online ooking for n ssessment expires you will: forfeit ll Fees pid in respect of such ssessment; nd not e permitted to undertke such ssessment without completing nother online ooking for such ssessment nd pying ll pplicle Fees for such ssessment. Skills 2017 T&C s _Generl & FSC_ v1.1 Pge 5 of 7

6 7 Exmintions 7.1 Booking Confirmtion: A ooking confirmtion for n exmintion my e printed y you only once the online ooking (ssessment reservtion)] for the exmintion hs een completed. The ooking confirmtion will provide exmintion centre informtion nd the dte nd time of the exmintion sitting. 7.2 Exmintion Dte: You cknowledge tht ookings for exmintions re sed on vilility nd tht Skills nd Aspeq cnnot gurntee tht ny prticulr exm dte tht you request will e ville. If prticulr exm dte is not ville, you my e ooked into the next (or susequent) ville exmintion session. 7.3 Exmintion Cncelltion: Skills reserves the right to cncel n exmintion sitting. In such n event, ookings will e trnsferred to the next ville exmintion sitting t the sme exmintion centre or, t the cndidte s instruction, to nother exmintion centre, t no extr cost. You will e contcted y Aspeq nd new ooking confirmtion with the updted informtion will e forwrded to you. 7.4 Proof of Identity: To gin entry to ny exmintion sitting, proof of identity must e provided y you to the exmintion supervisor. Acceptle forms of identity re either vlid pssport or New Zelnd Driver s Licence or such other lterntive proof of identity s is deemed cceptle, entirely t the discretion of Skills nd / or Aspeq. Filure to supply cceptle positive identifiction will result in your exclusion from such exmintion nd the forfeiture y you of ll Fees pid or pyle. 7.5 Session roll: You re required to sign session roll efore the commencement of ny exmintion. By doing so, you gree to follow ll instructions given y the exmintion supervisors nd invigiltors, nd tht you hve red nd understood the Notice To Cndidte informtion hnded out y those persons. 7.6 Trnsfer: You my request to trnsfer n exmintion ooking from one dte or exmintion centre to nother dte or exmintion centre ( Trnsfer Request ) for Fee of $50 + GST per exmintion. Trnsfer Requests cn e mde y you up to 5 working dys efore the relevnt exmintion dte. Trnsfer Requests received y us less thn 5 working dys prior to the relevnt exmintion dte my e ccepted y us t our discretion upon production y you of medicl certificte, or for ny other exceptionl reson t Skill s solute discretion. 7.7 Cncelltion: You my cncel n exmintion t ny time prior to 5 working dys efore the relevnt exmintion dte. Cncelltions received y us less thn 5 working dys from the exmintion dte will e ccepted only on medicl grounds (on production y you of medicl certificte proving medicl incpcity) or on compssionte grounds (on production y you of cceptle evidence of compssionte circumstnces) within 10 dys of the cncelltion notifiction y us. Skills reserves the sole right to determine the vlidity or otherwise of resons given or evidence provided y you to support grounds for cncelltion. For the voidnce of dout, lck of dequte time for preprtion, eing insufficiently prepred, trffic delys, nd vehicle prolems will under no circumstnces e ccepted y us s vlid resons for not ttending, or eing lte for, n exmintion. 7.8 Cncelltion Fee: The Fee for cncelltion of n exmintion ooking is $85 + GST per exmintion. 7.9 Exmintion Strt Times: You cknowledge tht the strt time for ll exmintions will e strictly enforced y the supervisor of the exmintion. We recommend you rrive t lest 40 minutes efore the scheduled strt time. You must rrive t lest 30 minutes efore the scheduled strt time or you will not e grnted entry to the exmintion room, nd the exmintion Fee will e forfeited y you. For the voidnce of dout, if you fil to rrive t n exmintion you will Skills 2017 T&C s _Generl & FSC_ v1.1 Pge 6 of 7

7 forfeit the relevnt exmintion Fee. Once ny exmintion hs egun, you my leve the exmintion room t ny time, ut if you do so, you my not re-enter the exmintion room Exmintion Mrking nd Results: Your exmintion response will e utomticlly mrked nd results will e ville to you through your secure login following completion of the relevnt exmintion sitting. Under no circumstnces will exmintion results e given y telephone, y fx, or to third prty, other thn, s per Cluse 5.1 the Finncil Mrkets Authority, the New Zelnd Qulifictions Authority, the Tertiry Eduction Commission or your Delegted Assessment Orgnistion [if pplicle] Review: You my pply for review of your exmintion result if you re disstisfied with the outcome. Any ppliction for n exmintion review must e received y Skills within one clendr month of the exmintion sitting. The Fee for n exmintion review is $150 + GST for ech exmintion review ( Review Fee ). If n exmintion review results in not yet pssed exmintion result eing chnged to pssed exmintion result, then the Review Fee will e refunded to you Technicl Filure: Neither Skills or Aspeq shll e lile for filure to deliver ooked exmintions where the filure is ttriutle to technicl infrstructure filure outside Skills or Aspeq s control Booking Expiry: If you do not conclude n exmintion within nine [9] months of completing the online ooking for such exmintion then tht online ooking will expire. If n online ooking for n exmintion expires you will: forfeit ll Fees pid in respect of such exmintion; nd not e permitted to undertke such exmintion without completing nother online ooking for such exmintion nd pying ll pplicle Fees for such exmintion. Skills 2017 T&C s _Generl & FSC_ v1.1 Pge 7 of 7

COMPLETE COVER - `ADD ON' TO TRAVEL INSURANCE POLICIES CONFERENCE & EVENT ORGANISERS SCHEDULE

SPECIMEN ONLY COMPLETE COVER - `ADD ON' TO TRAVEL INSURANCE POLICIES CONFERENCE & EVENT ORGANISERS SCHEDULE Policy Numer: Policyholder: Certificte of Insurnce: PPIP(E) Period of Insurnce: Finncil Loss: