In these terms and conditions, “we” “us” “our” and “UBT” refer to UBT Holdings Ltd as trustee for UBT Holdings Trust, and includes any other affiliated businesses that sell goods and services under the UBT brand. Unless otherwise specifically stated, the delivery of goods and services through this website will be by UBT Holdings Ltd as trustee for UBT Holdings Trust.
Your access to and use of all information on this website including purchase of our services or products (whether through this website or otherwise howsoever) are provided subject to the following terms and conditions. The information is intended for residents of New Zealand only.
These terms and conditions contain seven sections:
We can change these terms and conditions from time to time. If a change will make you worse off, or if we think a change will have more than a minor detrimental impact for you, we will provide you with at least 30 days’ notice by email or alert on this website and you will have the right to terminate any services or orders within that period should you wish. Your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. In general we recommend that each time you access our website you read these terms and conditions. The latest amendments were made in November 2015.
We offer products and services via our website, by email, by hard copy brochures and by face to face selling. Our offers are made only for acceptance within New Zealand by persons over the age of 18 years. Every offer is made on the basis that we will consider an order from you pursuant to the offer and will conclude a sale at our discretion by accepting your offer. When we elect to accept your offer we will notify you by email within 7 days of your order.
From time to time UBT offers products and services via our website, by email, by hard copy brochures and by face to face selling, which products or services are provided by third parties which are typically subject to agreements whereby UBT benefits, whether by cash payment rebate, commission or otherwise for introducing you as purchaser of those goods and services. You hereby expressly acknowledge and consent to this arrangement .UBT may also receive transactional information in relation to these agreements for auditing of benefits and marketing purposes.
We describe each product and service as accurately as we are able. Images and pictures are provided by way of illustration and do not necessarily show the full designs or options. No product or service comes with any add on or accessory unless we expressly say so.
Prices and Payments
Prices advertised are in New Zealand Dollars and exclude GST unless we advise otherwise. In these terms and conditions, on our website and in any advertising material we use, “GST” has the meaning given to it in Goods and Services Tax Act 1985. If payment with order is requested, we will tell you the methods available and no sale can be concluded without payment in full. If payment is by subscription we will tell you the methods available and you will be subject to the Subscriptions section of these terms and conditions.
Depending on the product or service offered, delivery may be electronically by download or physically by our nominated transport, or by progressive release and delivery of products and services over a specified period. The title to any product sold to you will not pass to you until we have received payment in full. Costs of packaging and delivery to you will be paid by us unless we tell you otherwise.
Customer Service Contact and Response Time
Our Customer Service team operates during business hours 8.00 AM – 4.30 PM Monday to Friday, public holidays excepted. They will respond within one business day to any customer enquiries sent to [email protected] during business hours. Our goal is to respond to at least 80% of these enquiries within 60 minutes. Otherwise contact can be made by calling 0800 828123 to speak to a Customer Service representative; if you call out of hours, please leave your contact details so we can return your call.
Customer Satisfaction Guarantee
Under our Customer Satisfaction Guarantee we promise that if for any reason you are not satisfied with a UBT supplied product, you may return it for a refund of your purchase price. The refund will depend on your returning the product to us in an original saleable condition within 30 days of the sale. The product will remain at your risk until received by us. This guarantee extends only to products supplied directly by us and not by one of our preferred suppliers. Other rights and remedies in relation to the products purchased from us include:
Requirements for returns generally are shown in clause 26.
The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire goods from UBT for business purposes in terms of Sections 2 & 43 of that Act.
Limitation of Liability
To utilise Warranty Support, repair services or return requests, please contact [email protected] or call 0800 828123 You will be given a reference number and instructions how product is to be delivered to us. When returning products it is at your risk until we receive it. Always include the reference number provided, your current contact details, a description of the service you are seeking and any requested supporting documentation. Where any returned product contains data, we cannot guarantee the recovery or transfer of that data. You are strongly recommended to back-up all your data on a regular basis and prior to returning any items for repair or warranty claims.
If you purchase our products or services and they or any part of them are defective, we may at our option:
We will always contact you to advise of valid warranty claims, to accept a claim under our Customer Satisfaction Guarantee, or to notify you that required repairs are chargeable.
Tampering with, attempting to repair or damaging any product or device may void your warranty. Warranties do not cover user damage to the device. Warranties may not cover abnormal use, or consumable parts. Please refer to the procedures in clause 26 for making warranty claims and arranging returns.
When repairing or replacing equipment and hardware we may use refurbished or like new parts, and where we are unable to replace an item we may provide an alternative that is like or superior to the goods replaced.
All software provided is subject to the terms and conditions of the license agreement relating to that software. You acknowledge your obligation to honour such licence agreements. All rights, title or interest in respect of the intellectual property rights in the software remain with us or the licensor of the software.
Monthly Software and System Licence
All computer hardware has the Streamline3 software pre-installed which you are licensed to use by the Monthly Software and System Licence fee. It manages access to the “World Wide Web” on your behalf with default settings which you as the responsible business owner are able to modify for your intended use.
It uses a system of “whitelisting” approved web sites, and “blacklisting” inappropriate sites which an administrator can modify at your discretion for users. This software is not transferable to another device or user.
The Purchaser of a Computer or Laptop is responsible for the administration of the pre-installed Streamline3 software settings and must agree to the software licensing Terms and conditions. Removal and circumvention of the Streamline3 protection system provided is not to be undertaken in any way, form or fashion and may breach its warranty.
Also pre-installed is the ESET NOD32 anti-virus software. The licence fee also includes email, fax and telephone support to assist you with administering pre-installed software.
These terms and conditions, when read with any terms and conditions included with product descriptions or at check-out, represent the whole of the terms of the contract between you and us and all representations, undertakings, prior agreements or arrangements are expressly excluded. Where there is a conflict between these terms and conditions and terms and conditions included with product descriptions, the product terms and conditions take precedence. You expressly acknowledge that in entering into a purchase you have not relied upon any prior representation made by us concerning the products and services, their uses, fitness, quality or specifications.
What is "Personal Information"?
Personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable.
When do we collect Personal Information?
UBT collects Personal Information about individuals directly from those individuals or their authorised representative.
When you interact with us, we may collect Personal Information, such as names, contact details and other relevant information. Some instances of this are when you:
We do not collect Sensitive Information without your consent and then only if it is reasonably necessary for one or more of our activities, for example for establishing membership to the ubteam.com.au website, for arranging catering and access to facilities, for tax advice or for investigating a complaint.
UBT may also collect Personal Information about you from a third party or from a publicly available source, but only if:
Information Collected via Websites
How do we use the Personal Information we collect about you?
How do we check the quality of Personal Information?
Who sees your Personal Information?
Do we use your Personal Information for marketing?
How do we keep your Personal Information safe?
How can you see the Personal Information that we hold about you?
How can you correct your Personal Information?
What can you do if you have a question, problem or complaint about our use of your Personal Information?
Intellectual Property Rights
The copyright to all content on this website including computer code, applets, graphics, images, layouts, music, audio and visual material and text belongs to us or we have a licence to use those materials. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. When you visit our website, we give you a limited, non- exclusive royalty-free, revocable licence to access and use our information for your own personal and business use. If you use our content in any other way you will be infringing our intellectual property rights.
Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website or any other forum (including face-to- face sessions, seminars, chat lines, blogs and the like) become our property. If in future we use your Comments in promoting our website or in any other way, we will depersonalise it unless we obtain your consent to use your name. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Protection of Copyright
This website and any of the Products and Services may contain Intellectual Property of UBT or licensors. We take the protection of copyright seriously and if we find that you have used our copyright material contrary to the licence in these terms we may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. We may cancel your right to access our website and refuse to provide goods or services to you.
Period of Subscriptions
When you purchase a subscription service we will send you a confirmation email advising when your services will commence. All subscription services including one-year subscriptions are provided on a monthly recurring basis until terminated in writing by either you or us, and after termination the services expire at the end of the next calendar month. One-year subscribers will continue on a monthly basis for twelve months, and monthly thereafter at the then current monthly fee.
Some subscription services are priced according to your desired package and also according to the number of your staff. If your business circumstances change you may no longer qualify for the existing package you have subscribed to. You are required to notify us in writing of the change and we may require you to move to another package. You may upgrade packages at any time by terminating the existing package and subscribing to the new package.
Access to Events
Where your subscription service includes access to seminars or webinars we will require you to accept booking terms and conditions relating to the event when registering your delegates.
Benefit of Subscriptions
Subscription services and all included products and services including those provided free are only for the use of the nominated customer and are non-transferrable to other or related entities unless authorised in writing by us. You are not entitled to a refund of any unused subscription inclusions, including those that have limitations on their availability.
Changes to Services and Fees
Monthly subscription service fees and services may change at any time. We may introduce new fees, or add, subtract or vary the subscription services from time to time; we will however provide at least one month’s notice to your nominated email address of any changes. If you object to any such change you may terminate your subscription before the change comes into effect. If you do not cancel your subscription within that period we will deem you to have accepted the change. One-year subscribers will be unaffected by fee increases except where they relate to changes in subscription service package or staff numbers.
We may continue to use your existing payment authorities a. For new subscription fees and/or services providing we have given you at least one month’s notice of the intended change; and b. For monthly subscriptions following the expiry of a one-year subscription.
Termination of Subscriptions
Either we or you may without giving a reason terminate Subscription Services by giving at least one month’s written notice prior to the beginning of the next billing period. We may immediately terminate access and use of any part of your package at our sole discretion a. In the event of non-payment; or b. If we believe you may be breaching any of these subscription service terms or the website terms and conditions. In such circumstances we will refund any subscription service access fees relating to days beyond the termination date less any fees outstanding from you.
Expiry of Access
Upon termination, other than immediate termination, your access to the existing subscription services will expire at the end of the next calendar month. One-year subscribers will be entitled to a refund of subscription service access fees paid for the months beyond the next calendar month end, less an adjustment based on the then current monthly subscription service fee.
Exclusion of Warranties
To the extent permitted by law, all conditions and warranties which could otherwise be implied into these terms and conditions including warranties of title or implied warranties of merchantability or fitness for a particular purpose are excluded.
Comments by Users and Transactions between Users
We may create forums via various mediums for raising queries, discussion and voicing opinions by members, presenters and our representatives. Any comments, recommendations or views expressed are those of the person making them. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us. We do not participate in any way in the transactions between our users. By publishing any member’s Comments we do not endorse or approve in any way those comments or any part of them. You acknowledge and agree that any reliance upon or use of any user Comments shall be entirely at your own risk.
Virus and Malware
We take all due care in ensuring that our website and electronic communications are free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Third Party Content
From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Business Advisory Services, Training and Resources
Where a Product or Service includes business advice, assistance, training or resources, whether orally, at seminars, by webinars, by documents or face to face presentations, meetings or otherwise, the following provisions are relevant: a. Although we have goals for each of our clients, the results from the advice, assistance, training or resources will vary from business to business. b. You agree that we will not in any circumstances be responsible for the day-to-day management of your business or implementation of any action items that we may recommend. c. The content of our materials and oral advice is prepared solely for generic coaching and training purposes and will always be of a general nature only and not specifically prepared taking into account your objectives, financial situation or needs. d. Before acting on any advice, you should consider that it may not be appropriate for you. e. You should continue to draw on professional assistance and advice from your accountant, lawyer, and other advisors.