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Scope of the Terms
- The Terms (as that term is defined in clause 31 . of these Standard Terms and Conditions) apply to the supply by Eagle Technology Group Ltd, trading as Eagle Education (Eagle Education) of any training services, classes and courses (including retakes) (Courses). The Terms comprise the contract between you and Eagle Education. The term Courses shall unless inconsistent with the context include the provision of any goods supplied by Eagle Education to you in conjunction with any Courses.
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Registration and Payment
- Courses are offered on a first-come, first-serve basis. Seating is limited. We urge you to register for a Course as soon as possible. If a Course is full, you may be placed on the waiting list. Your Account Executive will notify you if cancellations occur and space becomes available.
- Eagle Education may amend the Course it offers at any time, without notice. Eagle Education reserves the right to postpone or cancel Courses at any time, without notice due to low enrolment or circumstances beyond its control. The cost of a Course may vary due to changes without notification.
- You can register by faxing a Registration Form, emailing or calling your Sale Rep or Eagle Education. Upon placing a booking, an Order Confirmation Form will be sent to you for signing and return, along with a copy of the relevant Course Agreement (as defined in clause 31.(i) ).
- Payment for all training is due in advance of training and should be made one week prior to the Course start date. Payment guarantees your place on the Course and all places on Courses are waitlisted until paid in full. Prices are GST exclusive.
- You are responsible for your health and well-being at all times during a Course. If you have any special requirements you must let Eagle Education know at the time of booking the Course.
- Where you are booking any Course through a company, you must have the proper authority to do so. Please note that a cancellation fee may be payable for bookings made in error - see the Refund, Transfer and Cancellation Policy set out below.
- A credit account (Account) may be granted in exceptional circumstances. A credit application needs to be completed and must be accompanied by a direct debit authority payable to Eagle Technology Group Ltd on the last Business Day (being any day on which a registered bank is open for general business in Auckland or Wellington as the case may be, excluding a Saturday or Sunday (Business Day)) of the following month.
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Late Payments Policy
- Eagle Education may impose a late payment charge of 1.5% per month or part month on any payment that is not received by Eagle Education within 5 Business Days of the date of invoice. This charge is calculated from the due date of payment. In addition, any Account that is more than 20 Business Days overdue will be placed on stop-credit immediately and credit facilities withdrawn.
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Refund, Transfer and Cancellation Policy
- Where you cannot make a session of a Course, Eagle Education will accept a qualified replacement in your place without penalty.
- Eagle Education accepts cancellations and transfers to Courses at later dates that are notified more than 10 Business Days prior to and exclusive of the scheduled Course date without charge and you will receive a full refund of the Course fee. If you notify Eagle Education 5 to 10 Business Days prior to a scheduled Course date you will be entitled to a 50% refund of the Course fee. If you notify Eagle Education less than 5 Business Days prior to a scheduled Course date you will not be entitled to any refund of the Course fee. All notifications of cancellations and transfers must be received in writing.
- No other Courses may be taken until all applicable amounts payable under the Terms have been paid. No exceptions will be made.
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Confidential Information
- You and Eagle Education agree to keep confidential: the terms of the Terms, any information relating to the provision of or subject matter of the Terms and information directly or indirectly obtained under or in connection with the Terms, except to the extent required by law or necessary to carry out obligations under the Terms, or where the information is publicly available without a breach of the confidentiality provisions contained in this clause.
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Ownership of Materials
- You understand that, without limitation, all materials, courseware, concepts and information (collectively Materials) presented by Eagle Education during the Course, either orally or in writing, are brands, names, marks or registered trademarks of Eagle Education or its suppliers or licensors.
- All Materials are: Copyright © Eagle Education and/or its suppliers or licensors. All Rights Reserved.
- Eagle Education and/or its suppliers or licensors is the exclusive owner of all intellectual property rights in and relating to the materials, and you agree to take no action inconsistent with those rights.
- You may not adapt, modify, copy or otherwise duplicate, distribute, lend, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, repackage or modify the Materials without the prior written permission of Eagle Education.
- Eagle Education retains full title and rights to the Materials. You do not acquire any ownership rights whatsoever in the Materials.
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Implied Terms and Warranties
- It is a condition of the Terms that the Consumer Guarantees Act 1993 will not apply to Courses taken for the purposes of a business.
- You warrant that you have not relied on any representation made by Eagle Education or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by Eagle Education, except where it has been expressly included in the Terms and accepted in writing and signed by Eagle Education.
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Limited Liability
- Eagle Education' total liability to you or any other party whether arising in tort (including negligence or breach of statutory duty), contract or otherwise, shall in no event exceed the amount of Course fees actually paid by you for the portion of Courses to which any liability arises.
- Eagle Education shall in no circumstances be under any liability to you or any other party and whether arising in tort (including negligence or breach of statutory duty), contract or otherwise, in respect of any claim, loss, damage or expense:
- Arising out of any personal injury, sickness or death; or
- In relation to any including consequential, indirect or economic loss or loss of profits.
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Indemnity
- You shall at all times indemnify Eagle Education in respect of any loss or damage, special or consequential, and whether arising in tort (including negligence or breach of statutory duty), contract or otherwise, which may be suffered by Eagle Education as a direct or indirect result of any breach by you of any of your obligations or warranties under the Terms, or as the result of any negligence or other act or omission on your part or the part of any representative of you.
- The provisions of clauses 21 ., 22 . and 23 . of these Standard Terms and Conditions shall take precedence over all other provisions of the Terms.
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Termination
- Eagle Education may cancel your attendance at any Courses without notice or liability to you in the event of failure by you to pay any monies payable under the terms of the Terms on the due date. Such termination by Eagle Education will be without prejudice to its other rights or remedies arising under the Terms or at law.
- Without limiting the generality of any other clause in the Terms, Eagle Education may terminate the Terms, in whole or in part, immediately by notice in writing if:
- You are insolvent or become, threaten or resolve to become, or are in jeopardy of becoming subject to any form of insolvency administration;
- You, being a partnership, dissolves, threaten or resolve to dissolve or are in jeopardy of dissolving;
- You, being a natural person, die; or
- You cease or threaten to cease conducting your business in the normal manner.
- You or Eagle Education may terminate the Terms by written notice if the other party breaches any of its material obligations under the Terms and the breach is not capable of being remedied or the breach is capable of being remedied but is not remedied within 10 Business Days of receiving written notice to do so.
- Upon termination of the Terms you will pay all amounts due under the Terms and pay on demand any amounts owing under the Terms for the period up to and including the date of termination of the Terms and immediately deliver all Materials to Eagle Education which may be in your possession or under your control and shall not retain any copies of those Materials.
- The provisions of the Terms that are intended to remain in full force and effect after termination shall do so without prejudice to any claim arising from breach or non-performance of any obligations under the Terms prior to termination.
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Force Majeure
- Neither party shall be liable for delay in performing its obligations or for failure to perform its obligations if the delay or failure results from any of the following (whether happening in New Zealand or elsewhere) force majeure, Act of God, fire, earthquake, explosion, industrial dispute, or anything else beyond the control of either party. This clause does not apply to your obligation to pay any amounts due to Eagle Education.
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Precedence
- following documents shall be read in the following order of precedence and shall form the Terms (Terms):
- Corporate Coupon Agreement / Club Membership Agreement / Technical Education Course Agreement (No Test Pass) / Technical Education Course Agreement (Test Pass Included) (Course Agreement) (as the case may be);
- The terms of these Standard Terms and Conditions;
- Order Confirmation Form (if applicable); and
- Registration Form (if applicable).
- Subject to clause 24 . of these Standard Terms and Conditions, where any conflict occurs between the provisions contained in two or more of the documents forming the Terms, the document lower in the order of precedence shall where possible be read down to resolve such conflict. If the conflict remains incapable of resolution by so reading down, the conflicting provisions shall be severed from the document lower in the order of precedence without otherwise diminishing the enforceability of the remaining provisions of that document.
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Privacy Notice
- Eagle Education takes your privacy seriously. Eagle Education uses the information it receives from you to send you information that it thinks you might be interested in, such as upcoming Courses.
- Eagle Education does not sell or trade or share your personal information with anyone outside of Eagle Education and its related and associated companies, affiliates, agents, partners, licensees and joint venturers and the other parties Eagle Education deals with in the development, marketing and delivery of the Courses. As Eagle Education continues to develop, it might sell or buy assets. In such transactions, customer information may be one of the transferred business assets.
- You have the right to access the personal information that Eagle Education holds about you at any time. If you would like to access or request that the information held about you is changed, please contact Eagle Education with your change of details, or any related instructions.
- If for any reason you no longer wish to receive information from Eagle Education, or wish to have your information as held in the Eagle Education database deleted, please contact Eagle Education.
- Eagle Education' business is subject to change. The privacy policy may change also, and use of the information gathered now is subject to the privacy policy in effect from time to time. Eagle Education reserves the right, at its sole discretion, to change, add to, or delete all or any part of the privacy policy at any time, subject to the relevant legislation in force from time to time.
- The altered privacy policy shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Eagle Education website, or by electronic mail, or by any means by which you obtain notice thereof. Any use of the website or attendance at Courses after the notice shall be deemed to constitute acceptance by you of the alterations.
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Assignment
- You may not directly or indirectly assign or transfer your rights, interests, obligations or liabilities under or arising out of the Terms without Eagle Educations' prior written consent (which consent may be withheld at Eagle Educations' absolute discretion).
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Disputes
- The parties agree that any disagreement regarding any aspect of the Terms shall be resolved by negotiation in the first instance after which, if unsuccessful after a period of 20 Business Days from the dispute first being identified in a notice from on party to the other, shall be referred to arbitration under the Arbitration Act 1996 by a single arbitrator selected by the parties by agreement, or failing agreement, nominated by the President for the time being of the New Zealand Law Society.
- Nothing in this clause will preclude or prevent either party from taking immediate steps to seek urgent interlocutory relief before an appropriate Court in New Zealand.
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Other Matters
- If any provision of the Terms is held invalid, unenforceable or illegal for any reason, the Terms shall remain otherwise in full force apart from such provisions which shall deemed deleted.
- Subject to any provision to the contrary, the Terms shall enure to the benefit of and be binding upon the parties and their successors, trustees, permitted assigns or receiver but shall not enure to the benefit of any other persons.
- The covenants, conditions and provisions of the Terms which are capable of having effect after the expiration of the Terms shall remain in full force and effect following the expiration of the Terms.
- The Terms, including any alternations or amendments agreed from time to time, constitutes the entire agreement between Eagle Education and you relating to the subject matter of the contract. The Terms replace and cancel any prior agreement or understanding whether written or oral between the parties.
- The Terms may not be altered except with Eagle Educations' agreement in writing to the specific alteration. Nothing in the Terms amends or overrides the Terms unless in writing and signed on behalf of Eagle Education. Eagle Education may change or remove any of the Terms at any time by giving you notice in writing, and this includes changes to Eagle Educations' pricing structure.
- Nothing in the Terms creates a partnership, joint venture, agency, trust or employment relationship between you and Eagle Education. You and Eagle Education do not have the authority to represent that such relationship exists, act for or incur any obligation on behalf of the other party, except as expressly provided in the Terms.
- Eagle Education does not waive any of its rights or remedies under the Terms unless confirmed in writing. A waiver of any breach under the Terms shall not be a waiver of any other or subsequent breach.
- The Terms shall be governed by and interpreted in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand Courts.
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Notices
- Any notice or communication given pursuant to the Terms will be sufficiently given if it is in writing and delivered or sent by prepaid post or facsimile to the other party to the notified contact details. Either party may change its address for service of notice by written notice to the other party.
- Notice will be deemed given:
- In the case of hand delivery, upon written acknowledgement of receipt by an officer or other duly authorised employee, agent or representative of the receiving party;
- In the case of posting, 3 Business Days after despatch; and
- In the case of facsimile, upon successful completion of transmission.
- You may forward notices, payment of Course fees and any other amounts payable under the Terms to Eagle Education at the address details set out at the bottom of each page of these Standard Terms and Conditions.
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Definitions and Interpretation
- In the interpretation of the Terms, unless the context otherwise requires:
- References to the parties include their respective executors, administrators, successors and permitted assigns;
- References to persons include individuals, partnerships, firms, associations, corporations and unincorporated bodies of persons, government or semi-government or local body or municipal bodies, and agencies or political subdivisions of them in any case whether having separate legal personality or not;
- Words in the singular shall include the plural and vice versa. Words importing one gender shall include the other genders;
- Any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done;
- Headings have been inserted for convenience only and shall not affect the construction of the Terms;
- Reference to a statute includes all statutes amending, consolidating or replacing the statute referred to;
- Any covenant that binds any two or more persons or parties shall bind them jointly and each of them severally.
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