Terms and Conditions

Kia Ora and welcome to Site Safe New Zealand Inc (we, our, ours, us, Site Safe New Zealand Incorporated, Site Safe NZ and/or Site Safe). By using our websites and/or any of the products or services we provide, you acknowledge you have read, understood, and agree to be bound by our Terms and Conditions. These Terms and Conditions unconditionally extend to and apply to all related products or services, including third-party (a party that is not acting for or on behalf of us or the purchaser) extensions.

DEFINITIONS

Client/Customer means a member, business or individual who pays for and/or uses Site Safe NZ products or services.

Dishonesty includes but is not limited to cheating, falsifying information, or providing misleading or incomplete information. 

Force Majeure or Act of God means an event or circumstance which is beyond reasonable control.

GST means the tax imposed under the Goods and Services Tax Act 1985 and any amendments.

Individual means a customer, purchaser, learner, member, or person who pays for and/or uses our products or services.

In-House Course means any Site Safe Training Course delivered by an externally approved trainer for an external organisation.

Intellectual Property means all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trademarks, know-how, confidential information, patents, inventions and discoveries and all other intellectual property.

Learner means a person booked on, in progress of, or completed a Site Safe training course (including Site Safe staff).

Party means us/Site Safe and/or you/individual and/or external service provider(s) (third party) who are involved in this agreement.

Product an item or service offered for sale and/or use. It can be physical, virtual, or cyber form.

Purchaser means the person paying/buying and/or any person acting on behalf of and with the authority of the Purchaser of a Product and/or Service from Site Safe.

Service an activity that benefits you/your company without providing a tangible product.

Site Safe Membership means an individual or business paying annual membership fees to access exclusive benefits and resources.

Training Course means any Site Safe classroom or online course, training day, workshop, webinar, Virtual Reality (VR), away course, or in-house course.

Websites means any website or landing page that is owned by us including Site Safe, SiteSmart, SiteRight, and SiteWise.

Working Days means Monday through to Friday, excluding public (national or regional) holidays.

GENERAL TERMS AND CONDITIONS

1. General

1.1 By using any of our products or services, you are bound by our terms and conditions.

1.2 Where you have an individual agreement for services, you agree to these terms, and any additional terms.

1.3 If any provision of these terms and conditions is invalid, void, illegal or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.

1.4 Any matters or disputes connected with these terms will be dealt with by the New Zealand courts, and you agree to submit to their exclusive jurisdiction.

1.5 We are under no liability whatsoever for any direct loss and/or expense (including loss of profit) suffered by the purchaser when they are in breach of these terms and conditions.

1.6 In the event of any breach of these terms and conditions by us, the remedies of the purchaser shall be limited to damages and our liability shall not exceed the price of the goods.

1.7 Neither party is liable for any default due to a Force Majeure. If the default is unlikely to be remedied within a reasonable time, either party can terminate the relationship.

1.8 All products or services sold are for the purposes of a business and the provisions of the Consumer Guarantees Act 1993 are expressly excluded.

1.9 Unless expressly stated in these terms, you will not assign or otherwise transfer your rights or obligations without our prior written consent.

1.10 We reserve the right to change the terms at any time by updating them and republishing them on our websites. Unless stated otherwise, any changes will take effect immediately.

2. Disclaimer

2.1 We may not comment on any health and safety issues that were not identified during the delivery of services. We make no claim that all health and safety issues will be identified and accept no responsibility for any incidents that may arise from those unidentified issues. 

2.2 Any advice or recommendations provided by us are made in good faith as guidance that will assist the recipient in compliance with legal requirements, industry standards, and internal policies and procedures. It is solely at the discretion of the recipient to implement such guidance and we accept no liability for the outcome of implementing any advice or recommendations.

2.3 The use of our services does not transfer any of your duties owed under the Health and Safety at Work Act 2015.

3. Fees and Payment

3.1 All prices are stated and billed in New Zealand Dollars (NZD) and are exclusive of GST. All price changes will be published on our website or in your signed agreement.

3.2 An invoice will be provided for each purchase of a product or service. Payment is due in accordance with the due date.

3.2.1 If you have a credit balance in association with your Account, this will automatically be deducted from the cost of your purchase. Any unclaimed credit balances that are older than 12 months will be retained by Site Safe.

3.2.1 Excluding those with an account set out in 3.3, all invoices for courses must be paid at the time of booking.

3.3 If you purchase any of our products or services on a subscription basis, your credit card information will be stored by the third-party service provider, and you will be required to authorise us to charge your credit card when payment is due (including applicable taxes and fees).

3.4 A charge to account means the ability to charge your account on credit in accordance with agreed payment terms. You can apply for a charge to account by emailing accountspayable@sitesafe.org.nz and requesting an application form.

3.4.1 We may vary your credit limit at our discretion. If any purchase is more than your credit limit, you must pay the excess in advance. 

3.4.2 Monies paid to Site Safe will be applied to the oldest outstanding invoice on your account.

3.5 If full payment for the products or service is not made on the due date, we may engage debt collection services if necessary and you will be liable for any recovery fees incurred.

3.6 If you dispute any invoice issued by us, let us know before the due date to begin the dispute process.

3.7 Scheduling delivery of the product or service must occur within six months of purchase.  Some products or services will have shorter timeframes to be used within. This also applies to complimentary services offered.

3.8 If you would like a refund complete and submit a Refund Request Form to accountspayable@sitesafe.org.nz. We will review your request and respond within 14 working days.

3.9 Student Rates are available to any individual currently enrolled in a NZ High School, Polytechnic or University for any of our foundational level courses.

3.9.1 A valid student ID must be provided to customersupport@sitesafe.org.nz to book a course at student rates.

4. Warranties

4.1 You warrant that:

4.1.1 all information you submit as part of our registration process, and all other information you provide to us is correct and accurate; and

4.1.2 you will maintain and update the information provided to us so that the information remains accurate

4.2 If you request products or services on behalf of a company or another person, you will have the appropriate authority to:

4.2.1 provide information to us on their behalf.

4.2.2 confirm they are aware of terms and conditions relevant to them.

4.3 Where the delivery of a product or service is carried out at your workplace, you will ensure the workplace is secure and safe for our personnel to enter, and provide us with

4.3.1 access to the relevant workplace and the use of all temporary facilities and support services; and

4.3.2 any information, instructions, and participation of your personnel required to deliver the product or service.

5. Intellectual Property 

5.1 Unless otherwise agreed in writing the following ownership arrangements for intellectual property will apply:

5.1.1 each party will remain the owner of any intellectual property they own that is not developed, commissioned, or created as part of the agreement.

5.1.2 any data and information we collect while providing products or services is considered ‘factual IP’.

5.1.3 anything we create while providing you with products or services is considered ‘developed IP’ and it is our intellectual property.

5.2 Unless otherwise agreed in writing:

5.2.1 you grant us a non-exclusive, royalty-free license to use any of your factual IP, and

5.2.2 we grant you a non-exclusive, royalty-free license to any developed IP we provide you for your own internal business purposes.

5.3 You will have no right to use any of our products or services unless all the fees have been paid and/or written permission from Site Safe New Zealand Incorporated has been given.

5.3.1 When learners attend one of our courses, we grant them a non-exclusive, non-transferable, non-sublicensable, revocable license to use our materials for the period of the course.

5.3.2 Except as expressly provided in these terms, learners may not copy, record, store, modify, distribute, re-share, publish, transmit, reproduce, or otherwise exploit any intellectual property.

5.4 Any intellectual property provided by us or by you will not breach any third-party rights.

5.5 You may access, view, reproduce, use, and print any content from our websites when:

5.5.1 you are using it in the way it is intended to be used; and

5.5.2 you only use the content for non-commercial purposes or gain; and

5.5.3 any reproduction of content includes a prominent acknowledgement of our rights in the relevant content in the following form:

© Content has kindly been provided by Site Safe New Zealand Incorporated and all copyright belongs to Site Safe New Zealand Incorporated and must not be used in any format without the permission of Site Safe New Zealand Incorporated. 

6. Termination

6.1 We reserve the right, at our discretion, to suspend or restrict your access to any products or services for any breach of these terms and any specific terms agreed.

6.2 Agreements may be terminated by either party at any time subject to the cancellation policy of the products or services you are using. Any fees accrued up to and including the termination date must be paid.

6.3 We reserve the right to revoke without refund any qualifications, endorsements, or credentials from us that you receive dishonestly. If you want to get your qualifications, endorsements, or credentials reinstated, please contact us.

7. Confidentiality

7.1 Confidential information is any information material to the operations of your business which cannot be learned outside of your business.

7.2 All confidential information will be managed in accordance with our Privacy Policy.

7.3 You will ensure that personnel with access to confidential information are aware of and comply with the obligations under this clause.

8. Third-party Information 

8.1 We may provide links to third-party information. These are provided for your convenience only and unless explicitly stated there is no implication that we check, endorse, approve, recommend or agree with the information. The third-party information will be subject to its own terms and conditions.

8.2 To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss of profits, savings, revenue, or data, and any other claim, damage, loss, liability, and cost (including legal costs on a solicitor and own client basis) in connection with any third-party information linked from our products or services.

9. Liability and Indemnity

9.1 We (or any of our officers, directors, or employees) will not be liable for any loss or profit or indirct loss suffered or incurred by you in connection with your access to or use of (or inability to access or use) any product or service, including our Websites or the content on or accessed through it.

9.2 We make no representation or warranty that our products or services are appropriate or available for use in all countries or that the content satisfies the laws of all countries.  You are responsible for ensuring your own compliance with applicable local laws.

10. Dispute Resolution

10.1 If there is a dispute relating to our products or services, you must notify us in writing within ten working days of the issue arising. If we and you are unable to resolve the issue, a mediator will be appointed, and the costs shared equally by both parties.

10.2 No legal proceedings will be issued until all reasonable steps have been taken to resolve the dispute.

10.3 If you feel you have been unfairly treated during a course, please email us at education@sitesafe.org.nz. If you feel your complaint has not been resolved, you can seek further support through Study Complaints.

11. Non-Solicitation of Employees and Customers

11.1 Neither party shall, (except with the prior written consent of the other party) directly or indirectly solicit or entice away or attempt to solicit or entice away:

11.1.1 from the employment of a party, any employee of a party who is employed or engaged in any services which are relevant to the Agreement; or

11.2 any customer of the other parties who is in receipt of any services which are relevant to the Agreement.

WEBSITES

12. Content Accuracy

12.1 We try and make sure the information on the websites is true and up to date, however, we are not responsible for any incorrect or incomplete information.

13. Security of information 

13.1 You agree to keep any access information, including username and password that enables you to access our website, secure and confidential.

13.2 You must not permit any other person to use your secure information.

13.3 You are responsible for all access to, and use of the websites or any products or services using your username and password.

13.4 You must notify us of any actual or suspected unauthorised use by sending an email to comments@sitesafe.org.nz.

13.5 No data transmission over the Internet can be guaranteed as totally secure. You transmit data to us at your own risk and we do not warrant and cannot guarantee the security of any information transmitted to us.

TRAINING COURSES

1 Bookings

1.1 To purchase a seat on a training course, you must have a registered account with Site Safe.

1.2 All learners you book onto a training course must be aware of and agree to comply with these Terms.

2. Right of Admittance

2.1 We reserve the right to refuse the admittance of any learner or ask any learner to leave any course. Reasons can include, but are not limited to:

2.1.1 arriving more than 15 minutes after the start time of the course.

2.1.2 being under the influence of drugs or alcohol.

2.1.3 being disruptive or intimidating.

2.1.4 deliberately damaging or vandalising any property.

2.1.5 wearing gang patches or gang paraphernalia.

2.1.6 bringing animals to the course (unless such animals are accompanying a learner who requires assistance for medical reasons).

2.1.7 unreasonable use of a cell phone (or an equivalent device) during the course.

2.1.8 is unable to communicate in English to the extent deemed necessary for training. See clause 22.

2.1.9 being noticeably ill.

2.2 We will provide a written reason to you, or your company or organisation, explaining the circumstances if we refuse admittance to or remove a learner.

2.3 Unless otherwise stated, all payments made will be forfeited if a learner is refused admittance to or removed from a course. 

3. Learner Responsibilities and Requirements

3.1 You must notify us at least five working days prior to the course if a learner has:

3.1.1 English language difficulties.

3.1.2 access requirements (e.g., wheelchair access).

3.1.3 hearing impairment.

3.1.4 learning difficulties or behavioural issues.

3.1.5 sight impairment.

3.1.6 any medical conditions.

3.1.7 special requirements due to a religious belief.

3.1.8 special dietary requirements.

3.1.9 any other circumstances that may impact the learner’s ability to fully participate in the course. 

4. Site Safe Training Courses 

4.1 Failure to complete all Course requirements will result in the forfeiture of all course progress, payments made, or complimentary seats used, in connection with a course booking.

4.2 When the course is online or has an online component, the learner will have 60 days from the date of purchase to complete the online component.

4.2.1 For online courses, the ‘course date’ referred to in these terms is the expiry of 60 days.

4.3 Date changes or cancellations of a course booking must be requested at least five working days before the course date.

4.3.1 Cancellation of a course at least five working days before the course date will result in a credit balance on your account.

4.3.2 Within five working days of the course date, changes are limited to a transfer from one learner to another within the same company.

4.4 Cancellation of or transferring an online course can only be done if progress on the online course has not begun.

4.4.1 When transferring an online course from one learner to another, the new learner will be given 60 days to complete the course.

4.5 Changes and cancellations to a course booking must be requested by a company administrator.

4.6 We may change the date, start time, location, delivery format or trainer of any course without prior notice, however:

4.6.1 We will make reasonable efforts to inform you of any changes that have been made to the advertised details the course; and

4.6.2 If the course is altered within 24 hours of the start time we will endeavor to re-book the learner, to another time or location.

5. Complimentary Course

5.1 Learners that are assessed as not yet competent through on-course assessment will be offered one complimentary re-sit on the same course, within six weeks of the original course date, subject to availability.

6. Course Assignments

6.1 For courses that require a post-course completion of an assignment, the learner has three months from the date of the course to submit a completed assignment.

6.2 Learners needing further time must submit an extension request.

7. Assignment Appeals

7.1 You have the right to appeal your assignment result within five working days by emailing us at assignments@sitesafe.org.nz.

8. What happens to bookings if we are disestablished as a Training Establishment

8.1 Any learner who is paying their fees personally will have their fees protected if the course cost is more than $500 + GST until the course is complete. in accordance with the student fee protection rules made under section 452 of the Education and Training Act 2020.

9. Interpreters for Training Courses 

9.1 Any learner with language difficulties can join a course and bring their own interpreter, subject to the following:

9.1.1 we must be informed not less than five working days prior to the start time of the Course that an interpreter will be joining; and

9.1.2 only one interpreter to every two learners is permitted in any one course with a maximum of one interpreter per course; and

9.1.3 the interpreter must not be a learner on the course; and.

9.1.4 we reserve the right to refuse the use of an interpreter if the course requirements include the assessment being completed in English.

9.2 If a learner who has English language difficulties or barriers is booked onto an English-speaking course, they may be automatically rebooked onto an interpreted course at our discretion.

10. Away Course Venue Suitability, Requirements and Fees

10.1 An additional fee will be charged for an away course.

10.2 If training is held at a venue organised by you, it must meet the facility requirements set out in the away course agreement.

10.3 The away course is subject to these terms and conditions.

MEMBERSHIP

1. Introduction

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.

3. Membership Fees

3.1 Membership year is from 1 June to 31 May. Membership fees   are invoiced annually and payable before the start of the membership year.

3.2 Membership fees are managed in accordance with Rule 9 of Site Safe’s Incorporated Rules.

4. New Members

4.1 The first year of membership will be invoiced on a pro-rata basis as follows:

4.1.1 New Members who sign up between 1 June and the end of February the following year, will be invoiced at reduced annual fees based on the number of months left in the membership year.

4.1.2 New Members who sign up between 1 March to 31 May will be invoiced from the date of sign up through to the next membership renewal date.

4.2 The Site Safe Board reserves the right to refuse any membership application.

5. Membership Renewals

5.1 Membership renewal is on 1 June each year. Existing Members are invoiced in April for the next Membership period.

5.2 All members with unpaid invoices one month after expiry will have their membership benefits turned off.

5.3 If an overdue invoice is paid in full within nine months of membership expiry, then the company may be reinstated at their next loyalty year.

6. Loyalty Structure

6.1 Our Membership includes loyalty discounts for some products or services.

7. Cancellation of Membership

7.1 A member may cancel their membership by giving us no less than three months’ written notice.  All fees payable at the end of the notice period will remain outstanding.

7.2 If a member rejoins after a cancellation, they will be considered a New Member as set out in clause 28.

7.3 Cancellation of your Membership before the end of the period will result in the forfeiture of any payments associated with the remaining period.

7.4 Membership cancellations are managed in accordance with Rule 8 of Site Safe’s Incorporated Rules.