Terms & Conditions
These terms and conditions are correct as of 06/06/2014
1.1 The terms and conditions of trade of Newfangled Ideas Pty Ltd (hereafter called the Company) are contained herein.
1.2 Orders accepted subject to the Terms and Conditions. If any document placing an order on the Company includes or refers to other terms and conditions of contract then these shall not apply unless agreed in writing by a Director of the Company.
1.3 No addition to or variation of these conditions will bind the Company unless it is specifically agreed in writing signed by a Director of the Company.
1.4 These terms and conditions will form the basis of all contracts with the Company, unless otherwise specified by the Company.
1.5 These terms and conditions are correct at the date shown on the relevant course booking documentation and the Company reserves the right to vary them without notice. An updated copy will be supplied to the client if applicable.
1.6 These terms and conditions are applicable to contracts formed with clients and / or individuals engaging the Company (either as agent or principal) in the provision of training and/or consulting services. These terms and conditions do not cover any contract, relationship or engagement with any person, freelance or body employed by the Company or engaged to perform services on behalf of the Company.
1.7 Terms and conditions covering the terms of trade for the engagement of freelance training instructors and/or other principal training companies (where the Company is acting as agent) are available on request and will be provided on demand to any person and/or organisation for which these terms relate.
2. Training Course Requirements
2.1 Equipment owned by or leased/lent to the client must not be removed from the training environment. Any damage to Company equipment or property caused by delegates will be invoiced to the relevant client.
2.2 Certificates are awarded at the discretion of the Company, and only to those who successfully complete the training satisfactorily. At the discretion of the relevant trainer, delegates that have failed any element of the training may be allowed to complete the training course although this will still result in a failure and the delegate will be required to re-take the entire course and pay the applicable fee. Delegates are required to be punctual at all courses and at all sessions.
2.3 Where training is carried out not on Company premises, all relevant public liability and other insurances must be provided for by the site owner and/or client and the Company does not accept any liability in this regard.
2.4 The client must ensure that training carried out at locations as specified by them has adequate room in which to carry out both the practical and theoretical elements of the training.
2.5 Where training is carried out on client premises, the Company reserves the right to fill the respective course with delegates from other client organisations up to the maximum amount recommended for any given training course. Details of maximum delegate numbers are available from the Company on request. No discount or reduction in price will be applicable in this regard.
2.6 Consumption of alcohol or non-prescription drugs is not permitted during training nor should they be consumed immediately prior to training. The Company will refuse to train any delegates who infringe this condition and will require them to leave Company premises. Where a delegate is undergoing a course of prescribed drugs they should inform the Company of the nature of the drug and any side effects. The Company may then seek assurance that training can be carried out without risk. The decision of the Company in relation to this is final.
2.7 Unless otherwise agreed beforehand in writing, the registration and issuing of certification and/or accreditation will only be recognised and delivered by the Company once payment from the client has been received and paid in full.
2.8 Workbooks should be completed within a reasonable time up to 18 months after purchase. Support will continue until this point unless otherwise agreed by management of Newfangled Ideas.
2.9 The Support Hub is available to all customers in a way which is stated on The Support Hub page. Management hold the right to change this offer at any time.
3.0 If a customer requires more support than is usually offered, management hold the right to amend or stop the support if it impacts time/trainer constraints on the company in a negative way.
3.1 Unless otherwise stated, all prices are exclusive of GST, the total price of the training will be invoiced prior to the training date and this will show the GST payable. GST will be charged at the rate current at the time of due payment.
4. Settlement Terms
4.1 Payment for all training booked and confirmed by the client must be made prior to the training course booked taking place. Payment can be made by Credit/Switch Card, Bank Transfer or by cheque. Credit terms by prior arrangement only.
4.2 All training courses booked will state the relevant registration, administration and certification fees which are to be paid for on or before the first day of the training course.
4.3 The Company reserves the right to withhold making registrations with any relevant training bodies and/or retain delegate certification and/or refuse to issue delegate certification or accreditation until payment has been received in full.
5. Health and Safety
5.1 Where training is carried out on Company premises, all delegates must conform to and comply with the Health and Safety Policy as laid down by the Company from time to time. Breaches of this policy may result in the delegate being suspended or excluded from the course and premises.
6. Cancellation and Postponement
6.1 The Company reserves the right in its absolute discretion and without further liability to change dates, times and venues or cancel an event; in the case of cancellation all monies will be refunded. The Company’s events are constantly updated and improved and the Company reserves the right at any time and without notice to alter content and to change trainers or tutors.
6.2 The Company reserve the right to charge a cancellation/postponement fee in respect of courses previously confirmed and subsequently cancelled or postponed. The following refunds will be made in the event of cancellations/postponements prior to course start date:
- More than 28 Days – Full refund
- 14 – 27 Days – 75% refund
- 7 – 13 Days – 50% refund
- 1 – 6 Days – no refund (This time period does not include any weekends)
6.3 Should it become necessary for the Company to postpone all or any part of a course or other work due to circumstances beyond their control, a mutually agreeable date will be selected on which to complete the work. The Company will not be liable for any costs incurred by the client for such actions.
7. Applicable Law
7.1 No waiver by us or any breach of the Contract by you shall be considered as a waiver or any subsequent breach of the same or any other provision.
7.2 If any provision of these Terms is held by any competent Authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby.
7.3 Any dispute arising under or in connection with these Terms shall be subject to the Jurisdiction of the English Courts. The Contract shall be governed by the laws of England.
7.4 These Terms do not affect any consumer rights contained in the Unfair Contract Terms Act 1977 or any statutory modification of them.
8. Force Majeure
8.1 The Company shall not be liable to the Client or be deemed to be in breach of Contract by means of any delay in performing or failure to perform any of the Company’s obligations in respect of the Services if the delay or failure was due to any cause beyond the Company’s reasonable control.
The information contained in all Newfangled Ideas coursework & literature is distributed on an “As Is” basis, without warranty. While every precaution has been taken in the preparation of the Workbooks and associated literature, neither the author nor Newfangled Ideas shall have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the instructions contained in the coursework or by the computer software and hardware products described in it.
Newfangled Ideas, PO Box 379 Newcastle, NSW, 2300, Australia © 2011 Newfangled Ideas. All rights reserved. Newfangled Ideas logo, “Newfangled Ideas” and “www.newfangledideas.org” are trademarks of Newfangled Ideas and are used under licence.