1.1. In these Terms and Conditions, ‘Services’ means the course or series of courses you have booked with us.
1.2. The Company will provide the Services in accordance with these terms and conditions.
1.3. The Company will perform the Services exercising a reasonable degree of skill, care and diligence having regard to the standard reasonably expected of a competent professional in the Company’s industry.
2.1. You will be charged the fees as notified to you in the online booking process.
2.2. All fees and prices are on a GST exclusive basis.
2.3. Full payment is required at the time of booking. Without payment your booking will not be Accepted.
2.4. Your payment is non-refundable other than in accordance with clause 9.
3.1. Your booking is not transferrable to another date. If you are unable to attend the scheduled training date, you may send another person in your place. That person will be required to confirm acceptance of these terms and conditions by providing a signed copy of these terms and conditions to the Company and will be required to sign the Waiver as set out in clause 5.3
4.1. The intellectual property for all material provided by the Company including manuals, logos, graphics, systems or text, will remain the property of the Company at all times. You
acknowledge that (if applicable) your use and exploitation of the Company’s Intellectual
Property shall not create or vest any right, title or interest in or to the Company’s Intellectual
Property in you.
5.1. You must comply with the Company’s Health and Safety Policy and the Health and Safety at Work Act 2015 (the Act) and all other relevant health and safety laws and regulations.
5.2. You will co-operate, consult and co-ordinate with the Company, so far as is reasonably practicable and with any other person who has health and safety obligations relating to the Services, to enable them to comply with their obligations under the Act. This does not limit the parties’ other obligations under these terms and conditions.
5.3. You acknowledge that you must sign the Acknowledgement and Waiver form provided by the Company prior to the commencement of any programme. You shall not be permitted to participate in any programme until this has been signed. SLW-916447-2-11-V2-e
5.4. You must comply with the Company’s policies and reasonable directions relating to health and safety.
6.1. You waive, release, and discharge the Company (including its workers and those representing it) from any and all liability for any loss, damage, injury, expense, demand or cause of action that you or any person participating in any programme administered by the Company may suffer with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise during participation in any programme.
6.2. You indemnify and hold harmless the Company (including its workers and those representing it) from any and all losses, liabilities, damages, costs or claims that may arise as a result of your participation in the Company’s programmes.
7.1. If any of the parties shall be rendered unable to carry out the whole or any part of its
obligations under these terms and conditions for any reason beyond its control including, but not limited to, Acts of God, acts of governmental authorities, pandemics, strikes, war, riot and any other causes of such nature, then the performance of those obligations hereunder, to the extent that such obligations are affected by such cause, shall be excused during the continuance of any inability so caused, but such inability shall, as far as possible, be remedied with all reasonable despatch.
8.1. In the event of any dispute arising out of or in respect of any matters relating to these terms and conditions, the parties shall endeavour in good faith to resolve such dispute expeditiously using informal techniques such as mediation, expert evaluation or other techniques agreed by them.
9.1. If the Company, for whatever reason, needs to postpone the Services, the Company will provide you with reasonable notice of this postponement. You will have the option of transferring the booking or cancelling the booking. Should you choose to cancel the booking due to the postponement, you will receive a full refund.
10.1. If a key personnel of the Company should become unable to carry out the Services due to illhealth the Company shall use its best endeavours to find a suitable replacement, to carry out the duties of that personnel. In the event that the Company is unable to find a suitable replacement to replace such personnel within 14 days following notification by the Company of the ill-health of that personnel then you shall be entitled forthwith to cancel your booking by notice in writing to the Company and the Company will refund any payments you have made.
11.1. Termination of your booking shall not affect the rights of the parties arising in any way out of these terms and conditions as at the date of termination and in particular but without SLW-916447-2-11-V2-e limitation the right to recover damages against the other and all provisions which are expressed to survive these terms and conditions shall remain in full force and effect.
12.1. All notices given hereunder shall be delivered by hand, post or sent by email. Notices shall be given to the parties at such address in New Zealand or email address as they may from time to time advise in writing.
13.1. The terms and conditions shall be construed with the laws of New Zealand. The New Zealand Courts will have jurisdiction in respect of these terms and conditions, and all amounts are payable in New Zealand dollars.