NZDA verifies, that based on the information provided to NZDA, this activity meets the Dental Council policy requirements for CPD. NZDA CPD verification does not imply promotion or endorsement of the contents of any course. Attendees need to use professional judgment to assess the validity and usefulness of techniques, materials or therapeutic products to their own practice.
All Goods and/or Services of Resuscitation Matters 2015 Limited, whether gratuitous or not, are supplied subject to these Conditions and:
The provisions of Part I shall apply to the provision of all and any Goods and/or Services.
The provisions of Part II shall only apply to the provision of any Course and Training Service.
PART I – GENERAL CLAUSES
“Contract” means the terms and conditions contained herein, together with any Quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
“Supplier” means Resuscitation Matters 2015 Limited, its successors and assigns or any person acting on behalf of and with the authority of Resuscitation Matters 2015 Limited, that is recognised as a Registered Training Organisation “RTO” (National Provider RTO XXXXX).
“Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting the Supplier to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
if there is more than one Client, is a reference to each Client jointly and severally; and
if the Client is a partnership, it shall bind each partner jointly and severally; and
if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
includes the Client’s executors, administrators, successors and permitted assigns.
“Goods” means all Goods or Services supplied by the Supplier to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
“Course” shall mean any Course provided by the Supplier to the Student and includes any advice or recommendations (and where the context so permits shall include any supply of Training Service and Course Materials as defined below) as described on the invoices, applications, enrolment forms or any other forms as provided by the Supplier to the Student, and shall include any training, advice or recommendations.
“Training Service and Course Materials” shall mean all Training Services and Course Materials supplied by the Supplier to the Student and includes any training, documents, books and any other learning tools supplied, created or deposited incidentially by the Supplier in the couse of it conducting, or supplying to the Studuent any Training Services (and where the context so permits shall include any provision of the Course as defined above).
"Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
“Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including personal information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when ordering from the website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to ordering Goods via the website.
“Price” or “Fee” means the price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Goods/Services as agreed between the Supplier and the Client in accordance with clause 7 below.
The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts Delivery of the Goods.
In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
The Client acknowledges that the supply of Goods on credit shall not take effect until the Client has completed a credit application with the Supplier and it has been approved with a credit limit established for the account.
In the event that the supply of Goods request exceeds the Clients credit limit and/or the account exceeds the payment terms, the Supplier reserves the right to refuse Delivery.
Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.
These terms and conditions may be meant to be read in conjunction with the Supplier’s Hire Form, and:
where the context so permits, the terms ‘Goods’ or ‘Services’ shall include any supply of Equipment, as defined therein; and
if there are any inconsistencies between the two documents then the terms and conditions contained therein shall prevail.
Unless otherwise limited as per clause 4.2 the Client agrees that should the Client introduce any third party to the Supplier as the Client’s duly authorised representative, that once introduced that person shall have the full authority of the Client to order any Goods or Services on the Client’s behalf and/or to request any variation to the Services on the Client’s behalf (such authority to continue until all requested Services have been completed or the Client otherwise notifies the Supplier in writing that said person is no longer the Client’s duly authorised representative).
In the event that the Client’s duly authorised representative as per clause 4.1 is to have only limited authority to act on the Client’s behalf then the Client must specifically and clearly advise the Supplier in writing of the parameters of the limited authority granted to their representative.
The Client specifically acknowledges and accepts that they will be solely liable to the Supplier for all additional costs incurred by the Supplier (including the Supplier’s profit margin) in providing any Goods, Services or variation/s requested by the Client’s duly authorised representative (subject always to the limitations imposed under clause 4.2 (if any)).
Errors and Omissions
The Client acknowledges and accepts that the Supplier shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
resulting from an inadvertent mistake made by the Supplier in the formation and/or administration of this Contract; and/or
contained in/omitted from any literature (hard copy and/or electronic) supplied by the Supplier in respect of the Services.
In the event such an error and/or omission occurs in accordance with clause 5.1, and is not attributable to the negligence and/or wilful misconduct of the Supplier; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.
Change in Control
The Client shall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address and contact phone or fax number/s, change of trustees or business practice). The Client shall be liable for any loss incurred by the Supplier as a result of the Client’s failure to comply with this clause.
Price and Payment
At the Supplier’s sole discretion the Price shall be either:
as indicated on any invoice provided by the Supplier to the Client; or
the Price as at the date of Delivery of the Goods according to the Supplier’s current price list; or
the Supplier’s quoted price (subject to clause 7.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
The Supplier reserves the right to change the Price if a variation to the quotation is requested. Any variations from the plan of sechduled Services or specifications of the Goods (including, but not limited to, as a result of increase to the Supplier in the cost of labour, materials, travel, taxes, or levies, etc.) which will be charged for on the basis of the Supplier’s quotation, and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
At the Supplier’s sole discretion a non-refundable deposit may be required.
Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the Supplier, which may be:
before Delivery of the Goods;
by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered to the Client’s address or address for notices;
the date specified on any invoice or other form as being the date for payment; or
failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Supplier.
Payment may be made by bank cheque, electronic/on-line banking, or by any other method as agreed to between the Client and the Supplier.
The Supplier may in its discretion allocate any payment received from the Client towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other contract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Delivery of Goods
Delivery (“Delivery”) of the Goods is taken to occur at the time that the Supplier (or the Supplier’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
At the Supplier’s sole discretion the cost of Delivery is either included in the Price or is in addition to the Price.
The Supplier may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
Any time specified by the Supplier for Delivery of the Goods is an estimate only. The Client must take Delivery by receipt or collection of the Goods whenever they are tendered for Delivery. The Supplier will not be liable for any loss or damage incurred by the Client as a result of Delivery being late. In the event that the Client is unable to take Delivery of the Goods as arranged then the Supplier shall be entitled to charge a reasonable fee for redelivery and/or storage.
Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, the Supplier is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Supplier is sufficient evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further enquiries.
If the Client requests the Supplier to leave Goods outside the Supplier’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.
The Client acknowledges that:
all descriptive specifications, illustrations, drawings, data, dimensions, ratings and weights stated in the Supplier’s or the manufacturer’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Client shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the Contract, unless expressly stated as such in writing by the Supplier;
while the Supplier may have provided information or figures to the Client regarding the performance of the Goods, the Client acknowledges that the Supplier has given these in good faith, and are estimates based on industry prescribed estimates.
The Client shall be responsible for ensuring that the Goods ordered are suitable for their intended use.
The Supplier and the Client agree that ownership of the Goods shall not pass until:
the Client has paid the Supplier all amounts owing to the Supplier; and
the Client has met all of its other obligations to the Supplier.
Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
It is further agreed that until ownership of the Goods passes to the Client in accordance with clause 11.1:
the Client is only a bailee of the Goods and must return the Goods to the Supplier on request;
the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier and must pay to the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for the Supplier and must pay or deliver the proceeds to the Supplier on demand;
the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so directs;
the Client irrevocably authorises the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods;
the Supplier may recover possession of any Goods in transit whether or not Delivery has occurred;
the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Supplier;
the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
Personal Property Securities Act 1999 (“PPSA”)
Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:
these terms and conditions constitute a security agreement for the purposes of the PPSA; and
a security interest is taken in all Goods and/or collateral (account) – being a monetary obligation of the Client to the Supplier for Services – that have previously been supplied and that will be supplied in the future by the Supplier to the Client.
The Client undertakes to:
sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of the Supplier; and
immediately advise the Supplier of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
The Supplier and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA.
Unless otherwise agreed to in writing by the Supplier, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
The Client shall unconditionally ratify any actions taken by the Supplier under clauses 12.1 to 12.5.
Subject to any express provisions to the contrary (including those contained in this clause 12), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
Security and Charge
In consideration of the Supplier agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
The Client indemnifies the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Supplier’s rights under this clause.
The Client irrevocably appoints the Supplier and each director of the Supplier as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 including, but not limited to, signing any document on the Client’s behalf.
The Client shall inspect the Goods immediately on Delivery and shall within three (3) days of Delivery (time being of the essence) notify the Supplier of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Supplier an opportunity to inspect the Goods within a reasonable time following Delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Supplier has agreed in writing that the Client is entitled to reject, the Supplier’s liability is limited to either (at the Supplier’s discretion) replacing the Goods or repairing the Goods.
Goods will not be accepted for return other than in accordance with 14.1 above, and provided that:
the Supplier has agreed in writing to accept the return of the Goods; and
the Goods are returned at the Client’s cost within seven (7) days of the Delivery date; and
the Supplier will not be liable for Goods which have not been stored or used in a proper manner; and
the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
The Supplier will not accept the return of Goods for credit.
Subject to clause 14.1, non-stocklist items or Goods made to the Client’s specifications are not acceptable for credit or return.
For Goods not manufactured by the Supplier, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Supplier shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
Consumer Guarantees Act 1993
If the Client is acquiring Goods for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by the Supplier to the Client.
Where the Supplier has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of the Supplier. Under no circumstances may such designs, drawings and documents be used without the express written approval of the Supplier.
The Client warrants that all designs, specifications or instructions given to the Supplier will not cause the Supplier to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Supplier against any action taken by a third party against the Supplier in respect of any such infringement.
The Client agrees that the Supplier may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which the Supplier has created for the Client.
Default and Consequences of Default
Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
If the Client owes the Supplier any money the Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees).
Further to any other rights or remedies the Supplier may have under this Contract, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
Without prejudice to any other remedies the Supplier may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Supplier may suspend or terminate the supply of Goods to the Client. The Supplier will not be liable to the Client for any loss or damage the Client suffers because the Supplier has exercised its rights under this clause.
Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if:
any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client will be unable to make a payment when it falls due;
the Client has exceeded any applicable credit limit provided by the Supplier;
the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
The Supplier may cancel any contract to which these terms and conditions apply or cancel Delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice the Supplier shall repay to the Client any money paid by the Client for the Goods. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.
In the event that the Client cancels Delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Supplier as a direct result of the cancellation (including, but not limited to, any loss of profits).
Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
All emails, documents, images or other recorded information held or used by the Supplier is Personal Information as defined and referred to in clause 20.3 and therefore considered confidential. The Supplier acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1993 (“the Act”) including Part II of the OECD Guidelines and as set out in Schedule 5A of the Act and any statutory requirements where relevant in a European Economic Area “EEA” then the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). The Supplier acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Clients Personal Information, held by the Supplier that may result in serious harm to the Client, the Supplier will notify the Client in accordance with the Act and/or the GDPR. Any release of such personal information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
Notwithstanding clause 20.1, privacy limitations will extend to the Supplier in respect of Cookies where transactions for purchases/orders transpire directly from the Supplier’s website. The Supplier agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
IP address, browser, email client type and other similar details;
tracking website usage and traffic; and
reports are available to the Supplier when the Supplier sends an email to the Client, so the Supplier may collect and review that information (“collectively Personal Information”)
In order to enable / disable the collection of Personal Information by way of Cookies, the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable, provided on the website prior to proceeding with a purchase/order via the Supplier’s website.
The Client authorises the Supplier or the Supplier’s agent to:
access, collect, retain and use any information about the Client;
(including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client’s creditworthiness; or
for the purpose of marketing products and services to the Client.
disclose information about the Client, whether collected by the Supplier from the Client directly or obtained by the Supplier from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
Where the Client is an individual the authorities under clause 20.3 are authorities or consents for the purposes of the Privacy Act 1993.
The Client shall have the right to request the Supplier for a copy of the Personal Information about the Client retained by the Supplier and the right to request the Supplier to correct any incorrect Personal Information about the Client held by the Supplier.
Service of Notices
Any written notice given under this Contract shall be deemed to have been given and received:
by handing the notice to the other party, in person;
by leaving it at the address of the other party as stated in this Contract;
by sending it by registered post to the address of the other party as stated in this Contract;
if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
if sent by email to the other party’s last known email address.
Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Supplier may have notice of the Trust, the Client covenants with the Supplier as follows:
the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
the Client will not without consent in writing of the Supplier (the Supplier will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
the removal, replacement or retirement of the Client as trustee of the Trust;
any alteration to or variation of the terms of the Trust;
any advancement or distribution of capital of the Trust; or
any resettlement of the trust property.
The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Christchurch District Court of New Zealand.
Subject to clause 14.1, the Supplier shall be under no liability whatsoever to the Client for any indirect and/or consequential 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 (alternatively the Supplier’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
The Supplier may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
The Client cannot licence or assign without the written approval of the Supplier.
The Supplier may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of the Supplier’s sub-contractors without the authority of the Supplier.
The Client agrees that the Supplier may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for the Supplier to provide Goods to the Client.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.
PART II: COURSE AND TRAINING SERVICES
For the context of these clauses the Client hereinafter shall be referred to as the “Student” and shall mean the person participating in the Course provided by the Supplier.
“NZQA” means the New Zealand Qualifications Authority.
Recognition of Prior Learning (RPL) and National Recognition
RPL is available on the provision of verification by the Student to the Supplier prior to the commencement of the Course. The Student may ask for RPL if they believe that they already have the skills and knowledge that will be taught and assessed in a subject. The Student must complete an application form and must attach copies of any supporting documentation. The Student must allow seven to fourteen (7-14) days for processing of the application. The RPL charges will vary, according to the Course being undertaken and how many units are being applied for.
The Supplier will recognise any NZQA qualification granted by another New Zealand Registered Training Organisation free of charge. If the Student wishes to apply for exemption for competencies grained at another RTO (cross credit transfer), the Student will need to provide certified copy of the award upon enrolment.
The Student agrees that they will, and ensure that its employees and agents will, keep confidential the manuals and other materials and aids supplied by the Supplier and will not disclose it to any other person without the written consent of the Supplier. Upon completion of any Contract with the Supplier and the Student must return all copies of manuals and other copyright material whether in written, electronic or other form except as otherwise agreed with the Supplier. No copies of such materials are to be retained or used by the Student.
The Student assumes liability for all loss or damage suffered by the Supplier as a result of breach of confidentiality undertaken by it, by itself or its employees or agents.
The obligations of confidentiality shall survive the finalisation or discontinuance of any contract between the Student and the Supplier.
Fee and Payment
In addition to clause 7.2, the Supplier may vary the Fee:
if a variation to the Services (including, but not limited to, any variation to the Student’s brief or specifications, or due to equipment or Training Service and Course Materials being unavailable for the scheduled training) is requested; or
where additional costs are incurred by the Supplier due to unexpected delays, or access to an assessment area not being available as was agreed or when pre-arranged;
in the event of increases to the Supplier in the cost of Training Service or Course Materials, staffing or as a result of a increase by the RTO, or as a result of travel, accommodation, phone or courier costs incurred by the Supplier on behalf of the Student, that is beyond the Supplier’s control.
Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Supplier’s ownership or rights in respect of the Services shall continue.
The Student acknowledges and agrees that the Student’s obligations to the Supplier for the supply of Services shall not cease until:
the Student has paid the Supplier all amounts owing for the particular Services; and
the Student has met all other obligations due by the Student to the Supplier in respect of all contracts between the Supplier and the Student.
The Supplier reserves the right to not release the Course Completion Certificate until full Course Fees have been paid and the Student has met all obligations to the Supplier covered in this Contract.
Withdrawal, Cancellation and Refund Policy
The Supplier may cancel any contract to which these terms and conditions apply, or cancel the Course at any time before the Course has commenced, by giving notice to the Student via phone or email. On giving such notice the Supplier shall either repay to the Student any sums paid in respect of the Fee or transfer the balance to another Course. The Supplier will not authorise the transfer of Fees to any other institution or student. The Supplier shall not be liable for any loss by the Student howsoever arising out of such cancellation.
Any withdrawal from the Course (provided notice is received by the Supplier at least one (1) month prior to the commencement of the Course) shall entitle the Student to a refund of the Fees paid to the Supplier less an administration fee of fifty ($50) dollars.
No refund will be paid to the Student where:
the Student withdraws from the Course outside the required notice timeframe (as per clause 28.2 above); or
the Course has commenced and Course Materials dispatched (for the purposes of this clause pre-Course required reading of Course Materials is deemed commencement of the Course). For exceptional circumstances, the Student may apply in writing to the manager of the Supplier.
Provision of the Training Services
Where the Student is enrolled in a face to face Course at any the Supplier’s training location, the delivery and assessment of the Course must incorporate the relevant occupational health and safety legislation and requirements, as they apply to work practices. Any action by the Student that jeopardises the health, safety or welfare of others may result in the Student being expelled from the Course.
In addition to the payment of the Fee, the Student shall reimburse the Supplier for all reasonable expenses incurred by the Supplier in the performance of the Services. Such expenses include, but shall not be limited to, costs for travel and accomodation where the Course is held outside the metropolitan area of Christchurch City where the Supplier has its prinicipal place of business. The Student shall be entitled to request and receive such evidence as it may reasonably require of the type and amount of such expenses.
Any time specified by the Supplier for delivery of the Services is an estimate only and the Supplier will not be liable for any loss or damage incurred by the Student as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Services to be supplied at the time and place as was arranged between both parties. In the event that the Supplier is unable to supply the Services as agreed solely due to any action or inaction of the Student then the Supplier shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date.
Attendance and Punctuality
It is recommended by the Supplier that the Student arrives five (5) minutes prior to the scheduled starting time of the Course.
It is the responsibility of the Student to advise if the Student is to be absent as soon as is practically possible, and inform the Supplier of the estimated length of absence.
The Student will not be able to attend the Course for any period of time during which:
the Student is suffering from a disease or condition which is contagious through normal social contact; or
a medical practitioner has recommended the Student not attend.
Accident or Emergency
Whilst every reasonable effort shall be made by the Supplier to contact the Student (or emergency contacts) in the event of an accident or emergency, the Student hereby gives authority to the Director of the Supplier (or their delegate) to, on behalf of the Student, authorise the administration of medication, transportation to hospital and administration of treatment as is recommended by the Student's doctor, any attending doctor, ambulance officer, police or Government Officer. The Student will be responsible for any costs incurred as a result of transportation or treatment.
The Student will be given feedback on submitted assessments, but no assessment will be copied and returned to the Student, and it shall be the responsibility of the Student to keep record of submitted assessments. In the event the Student does not agree with any assessment, an appeal can be made as per clause 34, provided the appeal has been lodged within seven (7) days of the Student’s receipt of assessment feedback.
If the Student is found to be cheating (collusion or plagiarism), harassing other students or staff, or breaking the law in any other way, will face disciplinary action. This may involve the expulsion of the Student from the Course immediately, without refund of Fees, and in some cases may involve a report to the Police.
Complaints and Grievance Policy
The Student shall be entitled to report any concern they may have in relation to Course Materials/Training, any matters of safety, care or quality of services, or where the Student wishes to make a suggestion. These shall be addressed with the appropriate the Supplier’s staff member, or if the complaint is in relation to any of the staff, to the Director of the Supplier, where in most incidences the issue can be rectified.
All complaints must be made to the Supplier in writing and will be acknowledged by the Supplier (in writing) within seven (7) days of receipt. The Supplier will take all reasonable steps to resolve any complaint within sixty (60) days of receipt of the complaint.
Where the complaint is in relation to any staff member of the Supplier:
the complaint, and the identity of the complainant, will be kept confidential between the parties concerned;
a written record of events will be documented by the Supplier’s director, in order to authenticate, monitor and evidence the complaint;
all compiled written information will be considered by the Director of the Supplier to enable an informed decision to be made regarding the complaint;
the complainant and applicable staff member(s) will be advised of the outcome of the investigation and any disciplinary action, which will be managed in accordance with the Employment Relations Act 2000, etc.;
in the event the complainant is unsatisfied with the outcome of the investigation, the Supplier’s management and the complainant shall confer to discuss the matter further;
if the complainant is still not satisfied with the outcome, they are within their rights to contact the Department of Education and/or the Commerce Commission.
Copyright in the Course Materials shall remain vested in the Supplier, and are only to be used by the Student for the purpose of completing the Course. Other than as allowed under the Copyright Act 1994, and the conditions therein, the Student agrees that they shall not in any way sell, reproduce, adapt, distribute, transmit, publish or create derivative works from any part of the Course Materials.
Unless expressly requested otherwise in writing, the Student permits the Supplier to photograph or video record the Student for quality assurance, safety, assessment, planning, evaluation, documentation, promotional or marketing purposes (including but not limited to social media, newsletters and slideshows, and DVD’s for display in the centre and/or gifts to parents), or to be used within the Supplier (as well as on the Supplier’s website), and/or local and national newspaper stories.
Compliance with Laws
The Student and the Supplier shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities such as NZQA that may be applicable to the Course.
In the event the Course is to takes place at the Student’s nominated address, it is the responsibility of the Student to ensure that the site will comply with any occupational health and safety laws and any other relevant safety standards or legislation.
All staff employed by the Supplier is qualified to the standards required by the New Zealand Resucitation Council (or its successors) and meet the requirements of NZQA.
Limitation of Liability
In no circumstances shall the Supplier be liable for any personal injury resulting in injury or death, loss and/or damage or expense arising out of or caused by any act or omission of an employee of the Student whether or not any such act or omission is negligent.
The Student hereby disclaims any right to rescind, or cancel any contract with the Supplier or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Student by the Supplier, and the Student acknowledges that the Course are bought relying solely upon the Student’s skill and judgment.
The Supplier undertakes to act in all professional matters as a faithful consultant to the Student, whose interests will be watched over with skill and care. Notwithstanding, the Supplier shall only be liable to the Student for the consequences of any negligent act, omission or statement of the Supplier, and then only to the extent and limitations referred to herein.
The Supplier shall be under no liability whatsoever to the Student for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Student arising out of a breach by the Supplier of these terms and conditions (alternatively the Supplier’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods/Services).
The liability of the Supplier shall cover only direct loss or damage in respect of the Services, or other matters arising directly from the scope of the Services agreed in the quotation, and then only to the maximum limit specified as per clause 38.4. All references herein to loss or damage shall be deemed to exclude loss or damage sustained by any third party in respect of which the Student is liable and responsible (as between the Student and the third party) whether by statute, contract tort or otherwise.
The liability of the Supplier to the Student shall expire twelve (12) months from the issue of the last invoice relevant to the particular Services, unless in the meantime the Student has made a claim in writing to the Supplier, specifying a negligent act, omission or statement said to have caused alleged loss or damage sustained or sustainable.
Notwithstanding clauses 38.3 to 38.6, the Supplier shall not be liable for any loss or damage sustained or sustainable by a Student in relation to:
errors occurring in plans, designs or specifications not created or prepared by the Supplier;
errors occurring during the course of any services which are not provided by, nor the responsibility of, the Supplier;
the use of any documentation or other information of advice without the approval of the Supplier.