Terms and Conditions
Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website.
1. Definitions and Interpretation
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Services, Content and Resources on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Resources": means collectively any online materials, documentation, facilities, tools, the System, services or information that GFS makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the GFS Academy proprietary e-learning platform;
"System": means any online communications infrastructure that GFS makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means you and/or your organisation (if applicable);
"Website": means the GFS Academy website that you are currently using (www.gfs.academy) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
"We/Us/Our/GFS": means Global Film Solutions Limited, a company incorporated in New Zealand with Company Number 1540829, located at 314 Speargrass Flat Road, Queenstown, New Zealand 9371.
2. Age Restrictions
2.1 Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3.1 GFS grants the User a non-exclusive, revocable, licence to access and use any portion of the Services, Content and/or Resources to which you have paid access for or otherwise being permitted access solely for your internal business use. This licence is revocable at any time without notice, with or without cause.
3.2 All intellectual property rights and interest in and relating to the Services, Resources and Content including, but not limited to, the text, graphics, logos, icons, images, sound clips, video clips, remain the property of GFS, our affiliates or third party licensors, with all rights reserved. You must not modify, copy, re-produce, distribute, transmit or sell any of the Services, Content or Resources by any means, in whole or part.
3.3 Any use of the Services, Content or Resources in contravention of these Terms and Conditions is strictly prohibited and will terminate all rights of access granted to you. Nothing in these Terms and Conditions confers any rights to, or interest, in any intellectual property rights, whether by estoppel, implication or otherwise.
4. LINKS TO OTHER WEBSITES
4.1 This Website may contain links to other sites. Unless expressly stated, these sites may not be under the control of GFS or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
5. LINKS TO THIS WEBSITE
Those wishing to place a link to this Website on other sites may do so only to
the home page of the site GFS without Our prior permission. Deep linking (i.e.
links to specific pages within the site) requires Our express written
To find out more please contact Us by email at [email protected] or call us on the following number: +1 310 402 2709.
6. USE OF COMMUNICATION SYSTEM
6.1 When using any System on the Website you should do so in accordance with the following rules, in respect of which failure to comply may result in your Account being suspended or closed:
6.1.1 You must not use obscene or vulgar language;
6.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
6.1.3 You must not submit Content that is intended to promote or incite violence;
6.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
6.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
6.1.6 You must not impersonate other people, particularly employees and representatives of GFS or Our affiliates or customers; and
6.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
6.2 You acknowledge that GFS reserves the right to monitor any and all communications made to Us or using Our System.
6.3 You acknowledge that GFS may retain copies of any and all communications made to Us or using Our System.
6.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
order to purchase Services on this Website and to use Resources and certain
other parts of the System, you are required to create an Account and provide
personal information and Payment Information, which may vary based upon your
use of the Website. By continuing to use this Website you represent and warrant
7.1.1 all information you submit is accurate and up-to-date; and
7.1.2 you have permission to submit Payment Information where permission may be required.
7.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
7.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
7.4 When choosing your username you are required to adhere to the terms set out above in Clause 6. Any failure to do so could result in the suspension and/or deletion of your Account.
8. TERMINATION AND CANCELLATION OF ACCOUNTS
8.1 Either GFS, or you, may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
8.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
9. AVAILABILITY OF Services
9.1 Whilst every effort has been made to ensure that all general descriptions of Services available from GFS correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether.
9.2 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order.
9.3 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
9.4 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall apply.
10.1 If you wish to purchase any Services or other Resource made available through the Website (“Purchase”), you may be required to supply relevant information to complete the Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
10.3 By submitting such information, you grant us the right to provide the information to third parties, if necessary, for purposes of facilitating the completion of Purchases.
reserve the right to refuse or cancel your order at any time for certain
reasons including but not limited to: product or service availability, errors
in the description or price of the product or service, error in your order or
reserve the right to refuse or cancel your order if fraud or an unauthorised or
illegal transaction is suspected.
10.6 If you or your organisation has agreed to purchase Services under a separate written agreement with us, those Fees detailed in that agreement will prevail.
11. CANCELLATION OF ORDERS AND SERVICES
11.1 If you determine the Service/s which
you have ordered is not fit for your purpose, you can claim a refund, provided
you lodge your claim within 24 hours after you first logged into the learning
management system. You will need to provide proof of purchase for a refund. We
do not issue refunds based on a change of mind.
If you have any questions, please call us on +1 310 402 2709 or by email at [email protected].
12.2 All personal information you voluntarily provide through the log in or Account application process, and all personal information which may be generated as you use the Services, will be used and stored in accordance with New Zealand’s Privacy Act 2020.
12.3 We may use your personal information to:
12.3.1 provide Our Services to you;
12.3.2 process your payment for the Services; and
12.3.3 inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
12.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Privacy Act 2020.
will not pass on your personal information to any other third parties other
than our affiliates without first obtaining your express permission.
12.5 You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at [email protected].
13.1 No part of this Website is intended to constitute professional advice and the Content of this Website may be relied upon entirely at the User’s risk. No professional-client relationship between GFS and the Client is created.
13.2 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
14. CHANGES TO THE Resources AND THESE TERMS AND CONDITIONS
14.1 We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
15. AVAILABILITY OF THE WEBSITE
15.1 The Website is provided “as is” and on an “as available” basis. GFS uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Resources will be free of defects and / or faults and we do not provide any kind of refund for outages.
15.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
16. LIMITATION OF LIABILITY
16.1 You should be aware that your use of the Website, Services, Resources and Content is at your own risk. To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from:
16.1.1 the use of the Website, the Services, Resources and/or Content;
16.1.2 any errors, mistakes, or inaccuracies of the Services or Content;
16.1.3 any interruption or cessation of transmission to/from our Website and/or Services;
16.1.4 any bugs, viruses, trojan horses or the like which may be transmitted to or through the Website, Resources or our Services by any third party.
16.2 To the maximum extent permitted by law, GFS’s maximum aggregate liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the: i) amount paid, if any, by you to GFS; or ii) the sum of one thousand dollars, NZD$1,000. The existence of more than one claim will not increase this limit.
16.3 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
16.4 You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation (including the Consumer Guarantees Act 1993) intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms and Conditions.
17. NO WAIVER
17.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
18. ENTIRE AGREEMENT
18.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
19. THIRD PARTY RIGHTS
19.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and GFS.
20.1 All notices / communications shall be given to Us either by post to Attn: GFS Academy, 314 Speargrass Flat Road, Queenstown 9371, NEW ZEALAND or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
20.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
21. LAW AND JURISDICTION
21.1 These Terms and Conditions and the relationship between you and GFS shall be governed by and construed in accordance with the laws of New Zealand and GFS and you agree to submit to the exclusive jurisdiction of the courts of New Zealand.