Professional Information Online Ltd – Standard Terms of Engagement

These Standard Terms of Engagement apply in respect of all work carried out by Professional Information Online Ltd (“Supplier”) for you (“Client”), except to the extent that the Supplier agrees to supply a variation to service, with the Client, in writing.

1. Services

1. The Services (“Services”) the Supplier undertakes to provide for the Client are outlined in these Standards Terms of Engagement. Any other Services agreed to, whether orally or in writing, are not covered by these terms and conditions.

2. Fees

Organisation/Group Subscribers

1. There is no individual annual fee payable by you to PIO if you are accessing an organisation specific ePortfolio but you may be offered additional features and applications on a payments basis. This will be made clear to you as an option, at the time of offer - for example eLearning packages.

Individual Subscribers

1. The Standard annual fee for access to the Professional Information Online Ltd Portfolio service is $24.95 per annum, payable as a one off subscription
2. An additional profession specific annual fee of $9.95 is payable to add your profession specific competency framework and supporting information

3. Delivery

1. Delivery of the Services shall be electronic, via the internet.
2. The failure of the Supplier to deliver shall not entitle either party to treat this contract as repudiated.
3. Delivery of the Services to a third party nominated by the Client (such as a professional peer assessor or professional regulatory body) is deemed to be delivery to the Client for the purposes of this agreement.
4. The Supplier shall not be liable for any loss or damage whatsoever due to failure by the Supplier to deliver the Services promptly or at all, where due to circumstances beyond the Suppliers control including, but not limited to, failure of the Client’s internet service, software, or hardware.
5. Where an individual client chooses not to renew an annual subscription, 1 reminder notice will be sent before access to the account is suspended. Information stored in this account will be kept for 180 days can be accessed by the client on request and/or reactivation of their account by paying the subscription fee.
6. Where a clients access is provided by an organisation the information retention period is specified by the requirements of the organisation.  Clients should contact the providing organisation for details of their retention period as part of the services provided by that organisation.

4. Cancellation

1. Either party may terminate the Services to which these terms and conditions apply, or cancel delivery of Services at any time, giving one months notice of intention to do so by written notice. Once notice has been notified to both parties, Services will cease at the end of the next calendar month, or by arrangement between the parties.
2. At the Client’s request, the Supplier may consent to a trial period of not more than thirty (30) days, during which time the Services may be cancelled at one day’s notice.

5. Privacy Act 2020

Professional Information Online (PIO) collects and holds your personal information when you register to create your account, or otherwise deal with PIO. You are entitled to access and correct this information.

Also, when you create or access your account a cookie (which is a small text file) will be loaded onto your computer. The purpose of the cookie is to identify you during your session. Please be aware that you will not be able to create or use your account if you have set your browser so that you will not receive any cookies. Your contacts that you invite to view or audit your portfolio must also receive a cookie in order to access your portfolio.

PIO may store and supply the information we collect from you with our service providers. We, or our service providers, will hold your credit card information. PIO uses your personal information to register you as the account holder to provide PIO services to you and to keep you informed of any changes to terms of your use of you account, to notify you of news relating to your account and to tell you about offers PIO believes you may be interested in. PIO provides functionality to opt-out of these communictions that are not core functionality of our services.  PIO can use the personal information in an aggregated form in which you cannot be identified (for example, to analyse use of the site).

Except as identified in the last paragraph, PIO will not otherwise use that information unless required to do so by law.

If you haven’t correctly provided your information to PIO, we may not be able to properly provide your account to you; we may also terminate our agreement with you or suspend your account.

Under the Privacy Act 2020 you have rights to access and correct the personal information you provide to us. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at enquiries@pio.co.nz, or 03 545 7080.

We may update this Privacy Policy from time to time by placing an amended version of the policy on this website. Please check the website regularly for changes to this policy. Once the Privacy Policy is changed your ongoing use of the account indicates your acceptance of the changes.

Google Services

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google analytics only apply to the outer web pages and are not used within the portfolio application itself. Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

PIO also uses Google Remarketing to allow:

Third party vendors, including Google, show you ads on sites on the internet.
Third party vendors, including Google, use cookies to serve ads based on your prior visits to our website.
You may opt out of Google’s use of cookies by visiting the Google advertising opt-out page. (You can also opt out of a third party vendor’s use of cookies by visiting the Network Advertising Initiative opt out page.)

6. Errors and Omissions

1. The Client shall inspect the Services on delivery and shall within three (3) weeks of delivery notify the Supplier of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description of Services. The Client shall afford the Supplier an opportunity to inspect the Services within a reasonable time following delivery, if the Client believes the Services are defective in any way. If the Client fails to comply with these provisions, the Services shall be conclusively presumed to be in accordance with the terms and conditions, ie. that all information supplied is correct and free from any defect or omission.
2. For defective Services, which the Supplier has agreed in writing that the Client is entitled to reject, the Suppliers liability is limited to either (at the Suppliers discretion) replacing the Services or rectifying the Services, provided that the Client has complied with the provisions of clause 6.(1)

7. Liability Limitations

1. In the event of a breach of this contract by the Supplier, the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of the Supplier exceed the value of the maximum possible subscription paid and received by the Agent (ie. $24.95 plus $9.95).
2. The Client agrees to indemnify the Supplier, its partners, associates, employees, contractors, and any other person who may be sought to be made liable in excess of the limit of liability as outlined in clause 7.(1), in respect of any activity arising from or connected with these terms, in respect of any claim of whatever kind, including negligence, that may be made by any person and any costs and expenses that may be incurred by the Supplier.
3. The Supplier shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Supplier of these terms and conditions.

8. General

1. The Client is responsible for all professional information entered into our system. In the event that the Client asks the Supplier to enter data on their behalf it is the clients responsibility to ensure that the data entered is correct. The Supplier shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of incorrect information.
2. These Terms apply to any current engagement and also to any future engagement.
3. The Client is deemed to have accepted these Terms and Conditions by clicking the ‘I Agree’ button on the Suppliers website.
4. The Supplier may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
5. The Supplier reserves the right to change these Terms from time to time, in which case the Client will be sent (via email)amended Terms, and the change will take effect from the date on which the Supplier notifies the Client of such change.
6. Neither party shall be liable for any default due to any Act of God, war, terrorism, strike, fire, flood, storm, or any other event beyond the reasonable control of either party. 7. The failure by the Supplier to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Agent’s right to subsequently enforce that provision. 8. The Suppliers relationship with the Client is governed by New Zealand law, and New Zealand courts have non-exclusive jurisdiction.