NZ Transport Agency training site terms and conditions

Scope

1. These terms and conditions for event participation (the Terms) apply to participation in any event (Event) organised by, or in conjunction with, Engineering New Zealand.

2. These Terms are in addition to any other terms we have in place for the use of our website.

3. By registering for and / or attending an Event, the Participant agrees to be bound by these Terms and any other reasonable terms and conditions set by Engineering New Zealand relating to the Event.

Definitions

Business Day means a day other than Saturday or Sunday or public holiday in New Zealand or day on which Engineering New Zealand is closed.

Confidential Information means all and any material and information which Engineering New Zealand reasonably conveys to the Participant to be confidential.

Fee means the charge payable by the Participant in consideration for participating in the Event.

Event means any activity, training, course, or similar, organised by, or in conjunction with, Engineering New Zealand. This includes activities, training, courses, or similar held at Engineering New Zealand’s premises, any other site, or online.

Event Organiser means either Engineering New Zealand or the organisation who is running the Event in conjunction with Engineering New Zealand.

Intellectual Property Rights  means any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future, including, without limitation, all rights conferred under statute, by common law and in equity in, and in relation to, inventions, patents, designs, trademarks, trade names, logos, getup, circuit layouts, formulae, confidential information and copyright, and any application or right to apply for registration of any of those rights.

Law  means:

(a)       any statute, regulation, by-law, ordinance or subordinate legislation in force from time to time to which a party is subject;

(b)       the common law and the law of equity as applicable to the parties from time to time;

(c)        any binding court order, judgment or decree.

Participant means any person or organisation who registers, attends and / or participates in an Event.

Parties means Engineering New Zealand (as the training delivery partner for NZ Transport Agency) and the Participant.

Payment

4. The Participant will pay the Fee to Engineering New Zealand to participate in the Event.

5. Fee payment must be made to Engineering New Zealand by credit card before the
Event.

6. Unless the Participant makes other arrangements with Engineering New Zealand, they
will not be able to attend the Event until they have paid the Fee.

Event Cancellation

7. From time to time, Engineering New Zealand may have to cancel an Event. The Participant will be advised of cancellation as soon as Engineering New Zealand is reasonably able to.

8. If Engineering New Zealand cancels an Event, any Fee paid will be refunded in accordance with clauses 9 and 10.

9. The Participant will receive a refund from Engineering New Zealand. At Engineering New Zealand’s discretion, it may allow a Participant to transfer the Fee amount to an alternative Event.

10. Engineering New Zealand will not refund any travel, accommodation or any costs other than the Fee associated with the cancellation or postponement of an Event.

Withdrawals and Transfers

11. If the Participant is unable to attend the Event, at Engineering New Zealand’s discretion, the registration may be transferred to another Participant in accordance with clauses 12 to 14.

12. The Participant must notify Engineering New Zealand that another Participant will attend the Event in their place at least 72 hours before the Event starts.

13. The Participant will give Engineering New Zealand the name, dietary / individual health and safety and / or cultural and / or access considerations (where/if applicable), contact and other requested details (including certification status) of the alternative Participant.

14. If the Participant withdraws from the Event, the following refunds apply

  1. for withdrawals more than 10 business days before the Event, the Participant receives a full refund.
  2. for withdrawals 10 business days or less before the Event, the Participant does not receive a refund.

Health and Safety

15. When participating in an Event, the Participant must comply with all health and safety instructions of the Event Organiser and / or representatives of the Event venue.

16. We expect all Event Participants to behave in a respectful manner. Any behaviour that is considered disrespectful such as: bullying and harassment, use of inappropriate or offensive language, aggressive, or similar, will not be tolerated.

17. If the Participant fails to comply with clauses 15 and 16 they will be asked to leave the Event and will not receive a Fee refund or recorded as having completed the Event.

Indemnity and Liability

18. Engineering New Zealand and NZ Transport Agency do their best to ensure that the information shared in the course of or in connection with the Event, including during delivery and in any written materials, is accurate and current. However, we do not accept any liability for the accuracy of content, information or opinions shared during the Event or contained in any of the materials. The information and material provided is of a general nature only and is not intended to address the specific circumstances of an individual, entity or situation. Engineering New Zealand does not accept any liability for any loss incurred, either directly or indirectly, as a result of relying on materials, opinions or information conveyed during the course of or in connection with the Event.

Intellectual Property

19. All pre-existing Intellectual Property Rights of the Parties or their licensors (and any modifications) will remain owned by that party or the relevant licensor.

20. The Participant will not copy, modify, adapt, reproduce, distribute, display, or publish any material or intellectual property from the Event without the prior written instruction or consent of Engineering New Zealand.

21. The Participant will not record or transmit any part of the Event without the prior written consent of Engineering New Zealand.

Confidentiality

22. The Participant will comply with all Engineering New Zealand’s reasonable requests for confidentiality about an Event.

23. If the Participant wants to release or use Confidential Information, they must get Engineering New Zealand’s written approval before releasing or using the Confidential Information.

24. Engineering New Zealand will:

  1. keep and maintain all records associated with the Event in accordance with prudent business practice and all applicable laws; and
  2. store all records safely, and
  3. share relevant records with NZ Transport Agency as the owner of the training programmes.

Dispute Resolution

25. If a dispute arises in relation to these Terms, they must notify the other party in writing as soon as possible, but within 10 Business Days of the dispute arising.

26. The Parties will attempt to settle the dispute through direct negotiation in good faith.

27. If the Parties are unable to resolve the dispute through negotiation, they will refer the matter to mediation. If the parties cannot agree on a mediator, a mediator will be appointed by the Executive Director of the Arbitrators’ and Mediators’ Institute of New Zealand Inc. (AMINZ).

28. Except where interlocutory relief is necessary, or court action is required to preserve a party’s rights, the Parties agree not to start any court action in relation to a dispute until they have complied with the dispute resolution process under clauses 25 to 27.

Learning Records

29. The Participant must comply with all directions relating to the Event, including supplying prework, completing assignments (including any mandatory Participant surveys), and fully participating in the Event in its entirety, in order to be recorded as having attended and therefore completed a course.

30. Clause 29 also applies in terms of recording CPD hours, where these should be validated by Engineering New Zealand as the Event organiser.

31. Learning records will be supplied and / or be made accessible to NZ Transport Agency including relevant details relating to participation in and completion of the Event.

General

32. These Terms are governed by the laws of New Zealand.

33. Failure by either party to enforce any of the clauses of these Terms shall not be interpreted as a waiver of that party’s rights.

34. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of the remainder of these Terms.