Terms and Conditions
Before booking a seat on one of our training courses or becoming a Site Safe Member, please take the time to read through our terms and conditions.
General Terms and Conditions
Other Terms and Conditions
If you wish to enrol in our courses, engage us for the services we provide, or become one of our members, such courses, services and membership will be subject to separate terms and conditions or our rules of incorporation (as applicable), which you will be required to agree to as a requirement of the supply of the courses, services or membership (as applicable).
Additional terms and conditions for booking a seat on one of our training courses or becoming a Site Safe Member can be found here.
All intellectual property on this Site, including without limit, the text, graphics, copyright works and trademarks, is owned by us (or by third-party content suppliers). We are the exclusive owner of all rights in the compilation, design and layout of this Site.
Right to Use Site and Content
You may access, view, reproduce, use and print the content on this Site (Content), provided:
- where Content has been provided to you in connection with any product or service you acquire from us, you may access, view, reproduce, use and print that Content to the extent required for the purpose of using that product or service in the manner in which it is intended to be used; and
- you only use Content for informational, non-commercial purposes; and
- any reproduction of Content includes a prominent acknowledgement of our rights in the relevant Content.
You may not use this Site, or the Content, for any other purpose or in any other way. If you wish to link to any part of this Site, you must get our prior written consent. We reserve the right to prohibit links to this Site, and you agree to remove or cease any link upon our request. You may not frame any part of this Site material by including advertising or other revenue-generating material except with our prior written permission.
The information provided on this Site is forgeneral information only and has not been prepared by taking into account the particular objectives, situation or needs of any individual users. Use of information and other Content on this Site is at your own risk.
Although we have tried to ensure the Content is current, accurate and complete, we do not guarantee that the Content will be current, accurate or complete when you access it. Postings are made at such times as we determine in our discretion, and we do not review past postings to determine whether they remain accurate. We will take action, within a reasonable time, to correct any error or inaccuracy which is brought to our attention.
Third Party Websites and Materials
This Site may containlinks to third party websites. These websites have not been prepared by us and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites this Site links to.
All Liability Excluded
To the extent permitted by law:
- all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Site or the content on or accessed through it; and
- we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Site or the content on or accessed through it.
If any applicable legislation implies any condition or warranty that we are prohibited by legislation from excluding or modifying the application of, or our liability under, then to the extent permitted by law our liability for breach of all such conditions or warranties will be limited to the charges paid by you (if any) in the twelve-month period prior to any breach first occurring. Notwithstanding any of the foregoing, if the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above, however if you are using this Site or the Content for business purposes, the above exclusions and limits will apply, and the New Zealand Consumer Guarantees Act 1993 will not apply.
We may maintain a record of personal and company preferences regarding our courses, products, or services for the purposes of providing you or your company with information that we think may be of interest to you or your company. Personal and company preferences may be provided and updated in in “My Site Safe”.
Jurisdiction and Governing Law
Security of Information
You agree to keep any username and password that enables you to access our Site secure and confidential. You are responsible for all access to, and use of, the Site using any such username and password. You must notify us of any actual or suspected unauthorised use of any such username and password.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information, password or identifier with any other person.
Training Terms and Conditions
Site Safe New Zealand Inc. and its affiliates and related entities (referred to as Site Safe, we, our or us) provide various training courses and membership options on the terms set out in the relevant terms and conditions below.Please take time to read through the relevant terms and conditions below.
TRAINING TERMS AND CONDITIONS
1.1 The following terms and conditions (Training Terms) apply to all training courses (each a Site Safe Training Course), including online modules, in-class learning, away courses and workshops. By making a booking for a seat on one of our Training Courses (Course Seat), you, and anyone you book a Course Seat for, agree to be bound by these Training Terms.
2.1 You must have an account (Account) on our website (Site) before you can book a Course Seat. To create an Account, you will be required to complete the online registration process on our Site. We reserve the right, at our absolute discretion, to decline your application for registration, in which case you will not be entitled to book a Course Seat. If we accept your application for registration, you will receive confirmation by email.
2.2 You can book Course Seats through your Account for Learners, defined as:
(a) yourself; or
(b) on behalf of your company or the organisation you represent, for selected individuals
2.3 Where you are booking course seats for Learners other than yourself, you must ensure those Learners are aware of, and agree to comply with, these Training Terms.
3. You warrant that:
(a) all information you submit as part of our registration process, and all other information you provide to us is correct and accurate;
(b) you will maintain and update the information provided to us by you or on your behalf, and you will notify us if any of that information ceases to be current and accurate; and
(c) you have the appropriate authority to:
(ii) accept these Training Terms on behalf of all Learners for whom you have booked a Course Seat.
3.2 Course Seats are sold on an individual basis for the Learner identified and you may not resell any Course Seat you book. Learners identified can reassigned with another learner as required.
3.3 A Course Seat booked by you is only valid for the Site Safe Training Course that is selected at the time of that booking.
4. Right of Admittance
4.1 We reserve the right to refuse admittance of any Learner or ask any Learner to leave any Site Safe Training Course. Reasons for refusing a Learner admittance to, or removing a Learner from any Site Safe Training Course include, but are not limited to:
(a) arriving more than 15 minutes after the start time of the Site Safe Training Course;
(b) being under the influence of drugs or alcohol;
(c) being disruptive or intimidating;
(d) wearing gang patches or gang paraphernalia;
(e) bringing animals to the Site Safe Training Course (unless such animals are accompanying a Learner who is blind or hearing impaired);
(f) using a cell phone (or an equivalent device) during the Site Safe Training Course;
(g) is unable to communicate in English to the extent deemed necessary for Training
(h) being noticeably ill, in which case, the Learner may re-book the same Site Safe Training Course free of charge once that Learner has recovered from his or her illness.
4.2 If a Learner has been refused admittance or removed from the Site Safe Training Course, we will provide a written reason to you, or your company or organisation, explaining the circumstances for our refusal of admittance or removal of that Learner.
4.3 All payments in relation to the Course Seat of a Learner that has been refused admittance to, or removed from, a Site Safe Training Course in accordance with clause 4.1 of these Training Terms will be forfeited by you (except as provided in clause 4.1(g) of these Training Terms).
5. Learner Responsibilities and Requirements
5.1 All Learners attending a Site Safe Training Course must be:
(a) respectful of the rights of others on the Site Safe Training Course;
(b) punctual when attending the Site Safe Training Course; and
(c) prepared to attend and complete the entire Site Safe Training Course without interruption. In order to cater to the specific training needs of the Learners for a Site Safe Training Course, we require you to notify us when the booking is made or at least 48 hours prior to the start date of the Site Safe Training Course if any of the attending Learners have the following:
(d) English language difficulties;
(e) access requirements (e.g. wheelchair access);
(f) hearing impairment;
(g) learning difficulties or behavioural issues;
(h) sight impairment;
(i) any medical conditions;
(j) special requirements due to a religious belief;
(k) special dietary requirements; or
(l) any other circumstances that may impact on the Learner’s ability to fully participate in the relevant Site Safe Training Course.
6.1 Full payment for all Course Seats is required at the time of booking unless a credit application has been completed and approved by us. Email email@example.com for a copy of the credit application form.
6.2 All invoices issued by us for payment in connection with a Course Seat, or other Safe Site Training Course related fees, are payable within 7 days of the date of the invoice unless by prior agreement.
6.3 If full payment for the goods or services is not made on the due date, then without prejudice to any other remedies available to Site Safe:
(a) Site Safe may cancel or withhold supply of further goods or services;
(b) Site Safe may withhold Learner Site Safety Cards;
(c) Site Safe may remove your ability to pay by invoice;
(d) interest on the monies overdue may be charged; calculated by adding 5% per annum to the overdraft rate payable by us to our bankers at the time of and during such default. Interest shall continue to accrue until payment has been made;
(e) the Purchaser shall be responsible for all costs incurred by us in recovering such monies;
(f) debt collection steps maybe activated. Please contact firstname.lastname@example.org for further details.
If the Purchaser disagrees with an invoice provided by Site Safe: (a) The Purchaser must notify Site Safe in writing no later than 10 working days following receipt of the invoice, setting out in reasonable detail the nature of the Invoice, dispute and the reasons for non-payment;
(b) Site Safe will acknowledge receipt of such Invoice Dispute notice and will endeavour to promptly settle the Invoice Dispute by agreement with the Financial Accountant and
(c) If, on resolution of the Invoice Dispute, an amount is due to Site Safe, the Purchaser will pay that amount to Site Safe within five working days of resolution of the dispute.
Where only a portion of an amount claimed in a tax invoice is the subject of an Invoice Dispute (Disputed Portion), this clause will only apply to the Disputed Portion and the balance of the amount payable in respect of that invoice must be paid by the Purchaser to Site Safe no later than the due date of the invoice.
Site Safe may from time to time vary the purchaser’s credit limit at its discretion, in relation to further purchases of goods and services. If any acquisition would be in excess of purchaser credit limit, Site Safe reserves the right to require, prior to delivery of the good or services, payment in advance of the amount by which the cost exceeds the purchasers credit limit.
Site Safe may set off against any monies owed to the purchaser to any monies which purchasers owes to Site Safe so that purchasers’ obligation shall be to pay the net balance only.
6.4 If you have a credit balance in association with your Account, then this will automatically be deducted from the cost of your Course Seat at the time of your booking.
6.5 We use third party service providers to process your payments through our Site. If you elect to pay for your Course Seat through our Site, you may be required to give us authorisation to charge your nominated credit card or debit card when payment is due for any amounts payable by you to us (including any applicable taxes and fees). If you do not provide accurate details (including the type of card or card number) or if your credit card company does not authorise payment for the relevant Course Seat, then your booking will be deemed void. Credit card details are destroyed and not stored once payment is processed.
6.6 The prices for the available Course Seats are our Site and are stated and billed in New Zealand dollars. We reserve the right to change prices for the Course Seats in the Site Safe Training Courses from time to time.
7. Right to Charge Additional Fees
Site Safe reserves the right to charge additional fees for changes, cancellations, credit card transactions, non-standard course fees and other payment processing at a future date.
8. Changes, Transfers and Cancellations
8.1 Changes to, or cancellation of a booking must be made at least five working days prior to the start date of the applicable Site Safe Training Course.
8.2 Any changes in respect of a Course Seat that is made within five working days of the start date of the applicable Site Safe Training Course will be limited to transfers of that Course Seat from the registered Learner to another individual from the same company.
8.3 Cancellation of a booking for a Course Seat that is made within five working days of the start date of the applicable Site Safe Training is not refundable.
8.4 All changes to, and cancellations of, a booking can be made through your Account or through our Site by your company administrator.
9. Site Safe Training Courses and Online Courses
9.1 Any failure by a Learner to attend a Site Safe Training Course will result in the forfeiture of all payments made, or complimentary seats used, in connection with the course seat for that Learner for that particular Site Safe Training Course. We will notify the Purchaser via email in the event of this occurring.
9.2 If a Learner attends a Site Safe Training Course that has an online module component (e.g. Passport Plus – Flexi course) (Online Course), then the following terms will also apply:
(a) Cancellations and any Learner name changes for an Online Course cannot be made once progress on the online module for that Online Course has begun.
(b) Any cancellation of an Online Course will result in the loss of any online progress/results in the corresponding online module. Any rebooking of that Online Course will need to be made for the entire course (including both the online module and in-class components of that Online Course).
(c) Date changes for the in-class component of the Online Course must be made at least five working days prior to the start date of that Online Course, which can be made by you or on your behalf by your company/organisation’s administrator.
(d) If an online module for an Online Course has not been started, then the Learner for that Online Course may be changed as per Section 8.
(e) A failure by the Learner to attend the in-class component of an Online Course will result in:
(i) the forfeiture of all payments made, or complimentary seats used, in connection with the course seat for that Learner for that Online Course; and
(ii) any progress made in the online modules of that Online Course will be lost,
Any re-bookings of the same Online Course will be charged in full (including both the online and in-class components).
(f) A Learner will be prompted to confirm their choice of the online module for an Online Course before starting the first module. Once the online module has been selected by the Learner, it cannot be changed.
(g) A Learner has two months from the date an Online Course is purchased for the Learner to complete the online modules for that Online Course. Failure to complete the online modules within this timeframe will result in the forfeiture of all payments and loss of progress.
(h) Applications for extensions of the two month timeframe described in clause 9.2(g) of these Training Terms can be made by contacting our Customer Services team. An extension of up to 7 days may be granted in exceptional circumstances.
10. Complimentary Resit
Learners that are assessed not yet competent through on-course assessment, will be offered a one free complimentary resit on the same course, within 6 weeks of original course date, subject to availability. If the Learner does not take up the complimentary resit, they will be charged the course fee if they decide to resit the same course at a later date.
11. Course Assignments
For 1 or 2-day courses that require a post course completion of an assignment, an assignment submission timeline for the Learner is outlined below:
- Three months from the date of the course to submit a completed assignment;
- Learners needing further time will need to submit a formal extension request, which would provide a further three months to submit their assignment if approved.
- Two attempts at an assignment - the initial attempt and one resubmission;
12. Interpreters for Training Courses
12.1 If any Learner requires an interpreter for a Site Safe Training Course, an additional fee (on top of the Course Seat fee) will be charged to cover the cost of the requested professional interpreter. This fee is incorporated into the cost of the Course Seat when you book via your Account.
12.2 Any Learner with language difficulties can join a Site Safe Training Course and bring the Learner’s own interpreter at the Learner’s own cost, subject to the following:
(a) we must be informed not less than five working days prior to the start time of the Site Safe Training Course that an interpreter will be joining with a Learner of that Site Safe Training Course;
(b) only 1 interpreter to every 2 Learners is permitted in any one Site Safe Training Course with a maximum of 2 interpreters per Site Safe Training Course;
(c) the interpreter must not be a Learner on the same Site Safe Training Course as the Learner requiring an interpreter; and
(d) all assessment of 1 or 2-day courses must be completed in English.
13. Away Course Fees
13.1 Any Site Safe Training Courses delivered on your premises or at your venue (Away Courses) will incur an additional fee, on top of the normal cost per Learner, subject to the location of the venue.
13.2 An invoice will be sent to you or your company for payment for the Away Course Fee. Such invoices are payable in accordance with clause 6.2 of these Training Terms.
13.3 The Away Course venue must be suitable for training purposes i.e. have adequate seating and table space for the Learners and space for the Trainer, the room must have adequate air conditioning and have power supply.
As part of the delivery of the course Site Safe will require access to a white board, projector and screen (or wall to project upon). If the venue does not have a projector, then the Trainer is able to bring a projector to the course to use. Site Safe will also require an area to have morning/afternoon tea break/s.
The Away Course is subject to the same terms and conditions of a Site Safe Training course.
14. Student Rates
14.1 The following Site Safe Training Courses are available at student rates:
(a) the Foundation Passport – Building Construction; and
(b) the Foundation Passport – Civil.
(c) Passport Plus (Height, Tools & Plant and Worker Health).
14.2 Student rates are only applicable to individuals who are enrolled in a New Zealand high school, polytechnic or university.
14.3 Please contact us (using the details set out in clause 2.2 of these Training Terms) with a valid student ID prior to the time of booking a Course Seat to receive the student rate for the relevant Site Safe.
15.1 We recognise that your workplace demands may change at short notice and therefore our refund policy is as flexible as possible while seeking to minimise financial loss to us.
15.2 Subject to clauses 8.3, 9.1 and 9.2 of these Training Terms, you may request for refunds any Course Seats that you book by completing the online Refund Request Form and emailing it to us at email@example.com. Full or part refunds will only be processed if requested by the original purchaser of the Course Seat.
15.3 Refunds are usually processed within 7 – 14 days.
16. Intellectual Property
16.1 All Site Safe Training Course materials, including materials used in the Online Courses, training days, workshops (Materials) are owned by us. All intellectual property in or relating to all Materials available through the Site Safe Training Courses or Online Courses, including any design, graphics, text of all printed material, audio of presentations, and new intellectual property developed by or on behalf of us in the course of providing any Site Safe Training Courses (or Online Courses), is owned by us (or our licensors).
16.2 When Learners attend one of our Site Safe Training Courses (including our Online Courses), we grant the Learners a non-exclusive, non-transferable, revocable licence to use our Materials for the period of the Site Safe Training Course.
16.3 Except as expressly provided in these Training Terms, Learners may not copy, modify, distribute, publish, transmit or otherwise exploit any intellectual property described in clause 16.1 of these Training Terms.
17. Limitations on Liability
17.1 To the extent permitted by law:
(a) all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose of the Site Safe Training Courses for you or the Learner; and
(b) we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with the relevant Site Safe Training Course.
17.2 If any legislation implies any condition or warranty that we are prohibited by law from excluding or modifying the application of, or our liability under, then to the extent permitted by law our liability for breach of all such conditions or warranties will be limited to the charges paid by you (if any) in the 12 month period prior to any breach first occurring.
17.3 Notwithstanding anything in these Training Terms, if the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above, however if you are undertaking the Site Safe Training Courses for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.
19. Jurisdiction and Governing Law
These Training Terms and any matters or disputes connected with these Training Terms will be governed by New Zealand laws and will be dealt with by the New Zealand courts, and you agree to submit to the jurisdiction of the New Zealand courts.
Unless expressly stated in these Training Terms, you will not assign or otherwise transfer your rights or obligation under these Training Terms without our prior written consent.
21. Variations and Notification
We reserve the right to change the date, start time, location or trainer of any Site Safe Training Course without prior notice, however:
(a) we will make reasonable efforts to inform the Purchaser/Learner of any changes that have been made to the advertised details of a Site Safe Training Course that is relevant to you; and
(b) if the Site Safe Training Course for which you have booked a Course Seat for is altered within 24 hours of the start time of that Site Safe Training Course, we will endeavour to re-book the relevant Learner, to another time or location to suit the relevant Learner.
22. Contact Us
If you have any questions about these Training Terms, or would like to submit a complaint, please contact us at firstname.lastname@example.org.
Membership Terms and Conditions
1.1 The following terms and conditions (Membership Terms) apply to members, and potential members, of Site Safe (Site Safe Member). As a Site Safe Member, or by applying to become a Site Safe Member, you agree to be bound by these Membership Terms.
2. Membership Application
2.1 You can apply to become a Site Safe Member through the sign up process on our website (Site) or by sending us your membership application form, as set out on the Site. If we accept your membership application, you will receive confirmation by email.
2.2 We reserve the right to deny services to any Site Safe Member who, in our opinion:
(a) is or has been abusive, threatening or violent towards any of our staff, or anyone on our premises, or
(b) attempts, or has attempted to, or has received our services by deception.
3.1 By becoming a Site Safe Member, you acknowledge and agree:
(a) that your membership with us is non-refundable and non-transferable;
(b) that you have read and understood your rights and obligations under Site Safe’s Incorporated Rules as a Site Safe Member.
4. Site Safe’s Incorporated Rules will form part of these Membership Terms.
5. Membership Fees
5.1 Membership year is from 1 June to 31 May. Membership fees for Site Safe Members (Membership Fee) are invoiced annually and payable before the start of the membership year.
5.2 In accordance with Site Safe’s Incorporated Rules;
(a) we reserve the right to amend Membership Fees in order to ensure continued and suitable services of high quality to Site Safe Members;
(b) we may from time to time levy Site Safe Members for additional amounts if our income in a financial year is insufficient for our purposes; and
(c) we may suspend all or any rights and privileges of any Site Safe Member who fails to pay their Membership Fee within such time as we may specify.
6. Invoicing Structure
6.1 If you joined as a new Site Safe Member during the period:
(a) from 1 June to the last day of February the following year, you will be invoiced on a pro-rata basis, and will be considered to be a Year 1 Site Safe Member until the annual renewal date of 1 June; or
(b) from 1 March to 31 May in the same year, you will be invoiced from the date of sign up through to the next years renewal date of 1 June and will remain Year 1 Site Safe Member until the next year’s renewal date of 1 June.
6.2 Existing Site Safe Members are invoiced for their annual Membership Fee in April for the period starting 1 June and ending 31 May the following year.
7. Cancellation of Membership
7.1 A Site Safe Member may cancel membership by giving notice in writing to Site Safe of membership cancellation and:
(a) if that Site Safe Member holds a Standard Corporate Membership, must give not less than three calendar months’ notice; or
(b) if that Site Safe Member holds a Trade Association Membership, must give not less than one calendar months’ notice,
and all fees payable (including Membership Fees), as at the date of the end of the notice period, by that Site Safe Member will remain outstanding.
7.2 Site Safe Members cancelling their membership are encouraged to give reasons for their cancellation, and such reasons will be recorded to enable us to continually review and improve our services to Site Safe Members.
7.3 We may cancel a Site Safe Member’s membership in accordance with Rule 8.3 of the Site Safe Incorporated Rules, including:
(a) where Site Safe Member becomes bankrupt or insolvent or is put into liquidation or receivership or enters into a composition with creditors (Rule 8.3.1 of Site Safe’s Incorporated Rules);
(b) if in our opinion, that Site Safe Member:
(i) brings discredit to Site Safe;
(ii) brings itself or Site Safe into disrepute; or
(iii) disrupts the activities of Site Safe so as to make continued membership undesirable or untenable; or
(c) if a Site Safe Member’s Membership Fees remains in arrears for more than 6 months from the date the invoice is sent to that Site Safe Member.
7.4 If a Site Safe Member is reinstated after that member’s membership was cancelled, that Site Safe Member will be reinstated as a Year 1 Site Safe Member (for the purposes of the loyalty discounts described in clause 8 of these Membership Terms).
8. Loyalty Structure
Site Safe Members can receive loyalty discounts on the basis of their continued commitment to being a Site Safe Member. Loyalty discounts increase each year up to a maximum of 5 years and can be found on our Price List.
We reserve the right to amend these Membership Terms, and in accordance with Site Safe’s Incorporated Rules. We will make reasonable efforts to inform Site Safe Members of any changes that have been or will be made to these Membership Terms.
11. Contact Us
If you have any questions about becoming a Member and want to find out more, please contact our membership coordinator at email@example.com
Site Safe New Zealand Inc operates nationwide across New Zealand with a head office located 23-25 Jarden Mile, Wellington.