T's & C's

Effective from 27 July 2025

Training Works – Terms & Conditions of Course Delivery

1. Definitions 1.1 “TrainingWorks” means TrainingWorks Limited, its successors and assigns. 1.2 “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting TrainingWorks to provide services as specified in any proposal, quotation, order, invoice or other documentation, and: (a) if there is more than one Client, is a reference to each Client jointly and severally; and (b) if the Client is a partnership, it shall bind each partner jointly and severally; and (c) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and (d) includes the Client’s executors, administrators, successors and permitted assigns. 1.3 “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. 1.4 “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 using TrainingWorks’ 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 making enquiries via the website. 1.5 “Intended Use” means a product and the use thereof, for which the product is intended to be, or is reasonably likely to be, associated with the Works. 1.6 “Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) for Services as agreed between TrainingWorks and the Client in accordance with clause 7 below. 1.7 “Services” means Services (including consultation and training services) supplied by TrainingWorks to the Client at the Client’s request from time to time.

2. Acceptance 2.1 The parties acknowledge and agree that: (a) they have read and understood the terms and conditions contained in this Contract; and (b) the parties are taken to have exclusively accepted and are immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of any Works. 2.2 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. 2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.

3. Bookings & Payment 3.1 Bookings are confirmed upon receipt of payment or a valid purchase order. All invoices must be paid in full within 7 days of issue unless otherwise agreed in writing with a formal Application for Account process which may allow payment terms to be 20th of month following invoice. All prices are exclusive of GST unless otherwise specified. Certifications which involved a WorkSafe Licence will not be issued until payment is made.

4. Participant Responsibilities 4.1 It is the responsibility of the participant or their employer to ensure that the participant meets all stated prerequisites. We reserve the right to refuse entry or certification to any participant who does not meet course requirements or behaves inappropriately.

5. Certification Disclaimer 5.1 Certification is issued only upon successful completion of all course components, including participation, competency demonstrations, and assessments. Certification does not imply ongoing competency or regulatory compliance post training. We do not accept liability for any consequences arising from the actions or omissions of certified individuals.

6. Limitation of Liability 6.1 To the fullest extent permitted by law, Training Works shall not be liable for any loss, damage, or injury arising from or in connection with course delivery, participant performance, or use of course materials. Our liability in any event shall not exceed the course fee paid by the client.

7. Indemnity 7.1 You agree to indemnify Training Works and its trainers against all claims, damages, losses, or legal costs arising out of participant conduct, breaches of prerequisites, or misuse of course content.

8. Intellectual Property 8.1 All materials, manuals, and content delivered during training remain the intellectual property of Training Works, then the copyright in all such materials, manuals, and content delivered during training remain vested in TrainingWorks, and shall only be used by the Client at TrainingWorks’ discretion. Under no circumstances may such materials, manuals, and content delivered during training remain the intellectual property of Training Works be used without the express written approval of TrainingWorks. 8.2 The Client warrants that all materials, manuals, and content delivered during training remain the intellectual property of Training Works given to TrainingWorks will not cause TrainingWorks to infringe any patent, registered design or trademark and the Client agrees to indemnify TrainingWorks against any action taken by a third party against TrainingWorks in respect of any such infringement.

9. Health & Safety 9.1 Participants are expected to follow all safety instructions and behave in accordance with health and safety protocols. Unsafe conduct will result in removal from the course with no entitlement to refund.

10. Confidentiality 10.1 Any business or operational information disclosed during the course will be treated as confidential and will not be shared externally without consent, unless required by law.

11. Insurance 11.1 Training Works maintains current Public Liability and Professional Indemnity insurance. Confirmation of cover is available on request.

12. Default and Consequences of Default 12.1 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 TrainingWorks’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 If the Client owes TrainingWorks any money the Client shall indemnify TrainingWorks from and against all costs and disbursements incurred by TrainingWorks in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, TrainingWorks’ collection agency costs, and bank dishonour fees). 12.3 Further to any other rights or remedies TrainingWorks may have under this Contract, if a Client has made payment to TrainingWorks, 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 TrainingWorks under this clause 12, 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. 12.4 Without prejudice to TrainingWorks’ other remedies at law TrainingWorks shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to TrainingWorks shall, whether or not due for payment, become immediately payable if: (a) any money payable to TrainingWorks becomes overdue, or in TrainingWorks’ opinion the Client will be unable to make a payment when it falls due; (b) the Client becomes insolvent or bankrupt, 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 (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

13. Cancellation 13.1 If TrainingWorks, due to reasons beyond TrainingWorks’ reasonable control, is unable to the deliver the course to the Client, TrainingWorks may cancel any contract to which these terms and conditions by giving written notice to the Client. On giving such notice TrainingWorks shall repay to the Client any money paid by the Client for the Materials or Works. TrainingWorks shall not be liable for any loss or damage whatsoever arising from such cancellation.

13.2 Cancellations made more than 7 days before the course date will be refunded in full, less a $50 admin fee. Cancellations within 7 days are non-refundable but may be transferred once to another available course within 3 months. Substitution of attendees is permitted with written notice. We reserve the right to cancel or reschedule a course due to insufficient enrolments or unforeseen circumstances. A full refund or transfer will be offered in such cases.

14. Privacy Policy 14.1 All emails, documents, images or other recorded information held or used by TrainingWorks is “Personal Information” as defined and referred to in clause 14.3 and therefore considered confidential. TrainingWorks acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 2020 (“the Act”) including Part II of the OECD Guidelines and as set out in the Act. TrainingWorks acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by TrainingWorks that may result in serious harm to the Client, TrainingWorks will notify the Client in accordance with the Act. Any release of such Personal Information must be in accordance with the Act and must be approved by the Client by written consent, unless subject to an operation of law. 14.2 Notwithstanding clause 14.1, privacy limitations will extend to TrainingWorks in respect of Cookies where the Client utilises TrainingWorks’ website to make enquiries. TrainingWorks 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: (a) IP address, browser, email client type and other similar details; (b) tracking website usage and traffic; and (c) reports are available to TrainingWorks when TrainingWorks sends an email to the Client, so TrainingWorks may collect and review that information (“collectively Personal Information”).

14.3 If the Client consents to TrainingWorks’ use of Cookies on TrainingWorks’ website and later wishes to withdraw that consent, the Client may manage and control TrainingWorks’ privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site. 14.4 The Client authorises TrainingWorks or TrainingWorks’ agent to: (a) access, collect, retain and use any information about the Client; (i) (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 (ii) for the purpose of marketing products and services to the Client. (b) disclose information about the Client, whether collected by TrainingWorks from the Client directly or obtained by TrainingWorks 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. 14.5 Where the Client is an individual the authorities under clause 14.3 are authorities or consents for the purposes of the Privacy Act 2020. 14.6 The Client shall have the right to request (by e-mail) from TrainingWorks, a copy of the Personal Information about the Client retained by TrainingWorks and the right to request that TrainingWorks correct any incorrect Personal Information. 14.7 TrainingWorks will destroy Personal Information upon the Client’s request (by email) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law. 14.8 The Client can make a privacy complaint by contacting TrainingWorks via e-mail. TrainingWorks will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Privacy Commissioner at http://www.privacy.org.nz.

15. Service of Notices 15.1 Any written notice given under this Contract shall be deemed to have been given and received: (a) by handing the notice to the other party, in person; (b) by leaving it at the address of the other party as stated in this Contract; (c) by sending it by registered post to the address of the other party as stated in this Contract; (d) if sent by TrainingWorks facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission; (e) if sent by email to the other party’s last known email address. 15.2 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.

16. Consumer Guarantees Act 1993 and the Fair Trading Act 1986 16.1 If the Client is acquiring Materials for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 (“CGA”) do not apply to the supply of Materials by TrainingWorks to the Client. 16.2 TrainingWorks agrees to abide by the provisions of the Fair Trading Act (“FTA”).

17. General 17.1 Any dispute or difference arising as to the interpretation of these terms and conditions or as to any matter arising hereunder, shall be submitted to, and settled by, either adjudication in accordance with section 26 of the Construction Contracts Act 2002 and/or by arbitration in accordance with the Arbitration Act 1996 or its replacement(s). 17.2 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. 17.3 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 courts of New Zealand. 17.4 Subject to the CGA, the liability of TrainingWorks and the Client under this Contract shall be limited to the Price. 17.5 TrainingWorks may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent provided the assignment does not cause detriment to the Client. 17.6 The Client cannot licence or assign without the written approval of TrainingWorks. TrainingWorks may elect to subcontract out any part of the Works 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 TrainingWorks’ sub-contractors without the authority of TrainingWorks. 17.7 The Client agrees that TrainingWorks 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 TrainingWorks to provide Works to the Client. 17.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Client to make any payment due to TrainingWorks, following cessation of a Force Majeure. 17.9 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.

18. Compliance with Laws 18.1 The Client and TrainingWorks shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Works, including any WorkSafe health and safety laws relating or any other relevant safety standards or legislation pertaining to the Works. 18.2 Both parties acknowledge and agree: (a) to comply with the Building Act 2004 (including any subsequent Amendments)and Code of Ethics, in respect of all workmanship and building products to be supplied during the course of the Works; and (b) that Works will be provided in accordance with any current relevant Australian/New Zealand Standards applicable. 18.3 Pursuant to the Health & Safety at Work Act 2015 (the “HSW Act”), TrainingWorks agrees at all times to comply with sections 28 and 34 of the “HSW Act” with meeting their obligations for health and safety laws in the workplace regardless of whether they may be the party in control of the Worksite or where they may be acting as a sub-contractor for the Client who has engaged a third party head contractor.

19. Errors and Omissions 19.1 The Client acknowledges and accepts that TrainingWorks shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s): (a) resulting from an inadvertent mistake made by TrainingWorks in the formation and/or administration of this Contract; and/or (b) contained in/omitted from any literature (hard copy and/or electronic) supplied by TrainingWorks in respect of the Works. 19.2 If such an error and/or omission occurs in accordance with clause 4.1, and is not attributable to the negligence and/or wilful misconduct of TrainingWorks; the Client: (a) shall not be entitled to treat this Contract as repudiated nor render it invalid; but (b) shall not be responsible for any additional costs incurred by TrainingWorks arising from the error or omission.