Revised on 26/11/2020.
Definitions
In these terms and conditions:
Customer or You/Your shall mean (i) where the services Wood Training are providing are to an individual; that individual, or (ii) where the services Wood Training are providing are to representatives of a company; that company.
Wood Training or We/Our/Us shall mean Wood Training.
2. Bookings
2.1 Bookings are deemed to be confirmed upon receipt of a confirmation by email from Our Customer Services Team.
2.2 The booking confirmation form will be regarded as a contract for the delivery of services between Wood Training and the Customer.
2.3 Where the booking is for an account holder of Wood Training, invoices for course costs are due for payment by the 20th day of the following month.
2.4 For all other bookings (non-account holders and individuals) full payment is required at the time of booking.
2.5 Online courses: once the booking is confirmed the students will be provided with an enrolment key which must be activated within a limited time as specified by Our Customer Services Team at the time of booking. Students will have limited time to complete the course, as notified by Wood Training. The Client will be charged/invoiced in full when the enrolment key is provided, and the booking is confirmed.
2.6 Invoicing will be based on the number of students and the fee per student as stated in the booking confirmation. Any additional students will be charged at the same rate as outlined in the booking confirmation (unless other arrangements have been made).
2.7 Wood Training reserves the right to charge interest on late payments at Wood Training bank overdraft rate plus 2% calculated daily from the due date to the date of payment. In addition, the Customer agrees to cover all expenses associated with the collection of any overdue debt.
3. Obligations of Wood Training
3.1 Wood Training will:
3.1.1 Fulfil the provisions of and provide the services outlined in the booking confirmation form.
3.1.2 Provide appropriately trained, qualified and experienced personnel to conduct the relevant training.
3.1.3 Ensure that all course costs are inclusive of: training and instruction, course consumables, learning materials, assessment to relevant NZQA Unit Standards and participant P.P.E.
3.1.4 Ensure, if the training course is conducted at Wood Training premises, the following is also included in the course costs: all associated training equipment and facilities, morning tea, lunch (full day courses only) and afternoon tea.
3.1.5 When Wood Training is providing consultancy or other bespoke services, Wood Training shall perform such services in accordance with the requirements set out in the proposal issued to and accepted by the Client and these terms and conditions.
3.1.6 Make Wood Training’s Student Privacy Notice available in the Student Handbook, which is available to all students before they start a course.
4. Customer Obligations
4.1 Customer will:
4.1.1 Adhere to the terms and conditions set herein and the provisions of the booking confirmation form.
4.1.2 Pay to Wood Training all costs detailed in the booking confirmation within the timescales required.
4.1.3 Where training is to be provided at Wood Training premises, ensure all students comply with all health and safety requirements and any other directions of Wood Training personnel.
4.1.4 Where required as part of the course, ensure all students have safety boots prior to attending the relevant training course and/or any other items required for the course as outlined in the booking confirmation 4.2 Prior to attending the training, it is the Customers responsibility to ensure that students booked onto the relevant course(s) are fit, medically sound and otherwise able to fully and safely participate. Students must complete all pre-course exercises (whether written or physical) that are required and/or requested. Failure to meet any of these requirements may result in the students being asked to leave the course or the students may not be able to successfully complete the course. No refunds will be given in such circumstances.
4.3 It is the Customers responsibility to ensure that any students booked onto the course hold the correct pre-requisites and Unit Standards and proof of such must be provided at the time of booking. If any of the students the Customer books onto the course fail to produce the correct pre-requisite information, we reserve the right to refuse their involvement in the course.
4.4 All students attending courses with Wood Training must have an adequate level of literacy. English speakers must be able to read and comprehend to a minimum of Year 10 level. All foreign students must be at a level 5 of the IELTS (International English Language Testing System) band scale. Failure to disclose any additional literacy support requirements prior to attending the course (minimum of 10 working days prior to commencement) may result in a student not being able to succeed in the course.
4.5 All students who participate in Wood Training courses with practical exercises are to be physically and mentally capable of participating fully and may be required to provide a medical certificate before the commencement of the course. The responsibility of declaring any current or pre-existing medical conditions that could have adverse effects to the individual’s state of health while undertaking the training and/or assessment activities lies with the Customer. Wood Training accepts no liability in this regard.
4.6 It is the Customer’s responsibility to ensure that any personal information provided to Wood is provided in compliance with the New Zealand Privacy Act 2020 (“NZPA”).
5. Course Information
5.1 Wood Training requires a minimum number of students to be met to run most of its courses. Should sufficient numbers not be achieved within ten (10) working days of a scheduled course, Wood Training reserves the right to cancel the course. Notification of course cancellation will be provided by email and followed up with a phone call at least ten (10) working days prior to the scheduled course date.
5.2 Where one or more students are absent from training (also in case students are not permitted to commence training due to the late arrival; students deemed not fit to participate, or students attending without possessing all necessary documentation required) payment for the training shall not be refundable.
5.3 Students who arrive late for the course (after the course start time detailed in the booking confirmation form) may be refused entry, which shall be at Wood Training’s sole discretion. Full course price will be charged if the entry is refused due to the late arrival.
5.4 Any change to course dates, reduction in student numbers or cancellation of a course by the Customer, must be advised to the Customer Services Team in writing at least ten (10) working days prior to course commencement.
5.5 If a change or cancellation is made within the ten (10) working days period it will result in a charge of 50% of the total course cost. If a change or cancellation is made within 48 hours of the training being due to occur, this will result in a charge of 100% of the total course cost, (unless other prior arrangements have been made).
5.6 For courses of more than two days that are NZQA approved Training Schemes or Programmes, students’ withdrawals and refund rules apply, for details visit: https://www2.nzqa.govt.nz/about-us/protect-students/student-fee-protection/information-for-learners/student-withdrawals-and-refunds
5.7 Online courses: once the enrolment key is issued to the Client the course fees will be non-refundable.
5.8 All NZQA Unit Standards achieved by students attending courses with Wood Training will automatically be applied to their Record of Learning provided they enter the following correctly: full legal name, date of birth and private address or their NSI number. Where a student does not have a Record of Learning they will automatically be registered in the NZQA framework.
5.9 When undertaking any course with Wood Training all students must provide a Photo ID, which identifies them as the delegates registered on that particular course. Forms of Photo ID that are acceptable are as follows: current passport, driver’s license, HANZ 18+ card or Kiwi Access Card.
6. Your legal rights
6.1 While every effort is made to ensure that courses provided by Wood Training are relevant, topical and in line with NZQA standards, they are not tailored or bespoke for specific businesses or individuals and therefore all warranties for fitness for purpose and all other express and implied warranties are excluded to the fullest extent lawfully permitted.
6.2 Nothing in these terms and conditions limits or excludes Wood Training’s liability for:
(a) death or personal injury caused by Our negligence; or
(b) fraud or fraudulent misrepresentation.
6.3 Our liability to You shall be limited to an amount not exceeding 100% of the training course price and, subject to Clause 5.2 and 5.4 above, We will under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract, for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
6.4 If We are providing training courses at Your business premises, we will make good any damage to Your property caused by Us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to Your property that We discover while providing the training.
7. Health and Safety
7.1 Safety and Assurance is Our top priority because lives depend on it. We provide Our people with the training, knowledge and tools to work safely and prevent accidents. Whilst on site at Wood Training all students must comply with Our Safety Policies; this includes being alcohol and drug free.
7.2 All students attending training with Wood Training, who are governed by an Alcohol and Drug policy under the company they have been booked by, may be subject to random drug and alcohol testing whilst on Our site.
7.3 Standards of behaviour outlined in Our Student Handbook (provided at the time of booking) are to be adhered to.
8. Other information
8.1 Privacy Act – Wood Training’s collection, use and disclosure of personal information is governed by the NZPA.
8.2 Wood Training will:
8.2.1 Process personal information collected under these terms and conditions, as set forth in these terms and conditions or as required by applicable law.
8.2.2 Implement appropriate technical and organisational measures to protect the personal information, and notify you of any privacy breach.
8.3 In the event that we transfer personal data outside of New Zealand we will do so in accordance with the NZPA. This may include seeking the consent of students to the transfer.
8.4 We collect personal information from each student, including information about their name, contact information, photo, age, prior qualifications, billing and purchase information. We collect the information in order to provide Our training services.
Each student must understand that evaluation reports and assessment results may be viewed or reviewed by the following:
– Course Trainer.
– Customer Service Team.
– Quality Team.
– NZQA, (or other training accreditation agency), or an ITO for Moderation purposes.
– Evaluations are recorded onto Our database.
We keep all personal information protected in accordance with the requirements of the New Zealand Qualifications Authority, and at the end of the required retention timeframe. We will securely shred and dispose of any paper records.
8.5 Students are entitled to access their own personal information from Us and correct it if it is not accurate. If the student
believes their privacy has been breached by a Wood Training staff member or contractor, they should contact the
Wood Training, General Manager.
