Terms and condition

1. APPLICATION

1.1 These terms and conditions constitute the agreement (“Agreement”) which applies to the training courses (“Courses”) provided by Medical Training Academy Limited ("us, we, our").

2. AUTHORISATION

2.1 You agree that we have no obligation to inquire into the authority of any person placing orders or instructions on your behalf.

3. OUR COURSES

3.1 Information regarding our Courses can be found [on www.medicaltrainingacademy.co.nz]. You enroll in our Courses by submitting an enrolment form and paying the required Course Fee.

3.2 We reserve the right to cancel a Course if we do not receive the minimum number of enrolments as required by us or for any reason outside our reasonable control. If we cancel a Course for any of these reasons, we will provide you with a full refund of the Course Fee paid by you (unless you elect to transfer your enrolment to a future Course).

3.3 We will use all reasonable efforts to provide Courses on the dates and at the venues previously advised, however from time to time and due to events outside our control, we may need to make changes to the dates or the venue. If this happens, we will let you know as soon as possible. You will be able to cancel your enrolment provided you let us know within 48 hours of receiving notice of change from us. After this time the Course Fee is non-refundable.

3.4 You acknowledge that the content of our Courses is at our discretion and we may change content from that previously advised at any time at our sole discretion provided that the Course outline provided to you will not change.

4. WARRANTIES AND DISCLAIMER

4.1 We warrant that our Courses will be provided with reasonable care and skill.

4.2 You agree that you are solely responsible for ensuring that any Course you enroll in, is suitable for your needs.

4.3 Except as set out in clause 4.1, all warranties, descriptions, representations and conditions as to fitness, suitability for any purpose or otherwise and whether expressed or implied by law, trade custom or otherwise are expressly excluded to the extent permitted by law.

4.4 We do not provide any warranty that you will receive any particular result or increase in sales or other benefit as a result of completing our Courses.

4.5 You understand and agree that our Course Materials are for educational purposes only and should not under any circumstances be considered or used as a substitute for medical advice, diagnosis and treatment.

4.6 While we attempt to make sure that our Course Materials are accurate, we make no representations, warranties or guarantees as to the correctness or accuracy of the information. We have no responsibility or liability for any information provided by a third party.

5. FEES

5.1 All Fees are exclusive of GST, unless otherwise stated and may be changed from time to time.

5.2 For all online payments you warrant that:

(a) any credit card, debit card or bank account information supplied by you will be honoured by your credit/ debit company or bank

(b) you are the person in whose name the card is issued and/or you are authorised to conduct the transaction;

5.3 Unless otherwise provided in this Agreement, all monies paid by you to us are non-refundable and cancellation and/or termination of the Agreement at any time and for any reason will not entitle you to a refund of any moneys paid.

6. CANCELLATION/ REFUND POLICY

6.1 We have no obligation to provide you with a refund of any Fees or other amounts paid to us by you other than in the situations set out below:

(a) if you notify us in writing that you wish to cancel your enrolment at any time prior to the date which is 20 Business Days prior to the Course Date – we will provide you with a refund of 90% of the Course Fee paid by you;

(b) if you notify us in writing that you wish to cancel your enrolment at any time prior to the date which is 10 Business Days prior to the Course Date – we will provide you with a refund of 50% of the Course Fee paid by you;

(d) cancellation of your enrolment under clause 3.3 within the time frame specified in that clause;

(e) where cancellation or a refund is required under law.

6.2 You acknowledge that there is no change of mind policy. We have no obligation whatsoever to provide you with a refund of any amount paid by you if you change your mind about participating in one of our Courses. or if you do not attend a Course for any reason or in any
other circumstances other than as specified in clause 6.1.

7. LIMITATION OF LIABILITY

7.1 Subject to clause

7.2, you agree that we are not liable to you for any direct or indirect loss or damage, including without limitation; economic loss, loss of profits or revenue or savings (or for any indirect or consequential loss or damage) experienced by you in relation to the performance of our obligations under this Agreement.

7.3 If not withstanding clause 7.1 we are held to be liable to you, our liability in respect of all claims for loss, damage or injury arising from a breach or our obligations under this Agreement from any act or omission by us is limited in each case to amount you have paid to us.

8. YOUR INDEMNITY

8.1 You will indemnify us for any physical, direct and indirect damage, economic loss or other loss or cost or expenses (including legal expenses on a full indemnity basis), and against any claims or proceedings against us to the extent caused or contributed by you (or any of your agents or employees) or arising from your breach of this Agreement.

9. TERMINATION

9.1 If any of the events set out in clause 9.2 occur, we may, without prejudice to and in addition to any other rights or remedies we may have, exercise all or any of the following rights:

(a) immediately terminate this Agreement;

(b) cancel your Course enrolment and require you to immediately leave the Course venue;

(c) recover from you all amounts for any damage, losses, costs (including debt recovery costs) or expenses including actual legal costs (on a full indemnity basis) and expenses arising from your default or non-payment and obtaining payment;

(d) by notice to you require that all amounts owed to us whether due or not are paid immediately.

9.2 We may require you to immediately leave the Course venue if we consider (at our sole discretion) that you are disrupting the Course (in any way) or your presence is bringing us or has the potential to bring us into disrepute or you are disruptive or abusive to any other
course participant or our trainers.

9.3 If we cancel your Course enrolment or participation in a Course under clause 9.1 and 9.2, we are not required to provide you with any refund of amounts you have paid to us or reimbursement of any expenses you have incurred.

10. CONSUMER GUARANTEES ACT 1993 AND FAIR TRADING ACT 1986

10.1 You agree that our Courses are provided for the purposes of the business that the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 will not apply.

11. PRIVACY INFORMATION

11.1 You agree that any information about you (being personal information as defined in the Privacy Act 2020) provided to us may be used by us at any time for any purposes connected with our business including but not limited to direct marketing. Any personal information is held by us on cloud based software and you have certain right of access to your personal information under the Privacy Act 2020. If you wish to access your personal information, please send an email to admin@medta.co.nz.

11.2 Further information regarding the use and collection of your personal information can be found in our Privacy Policy which can be found here.

12. INTELLECTUAL PROPERTY

12.1 You acknowledge that the property in and rights to the Intellectual Property, current and future, are owned by us and are not transferred to you. You must not do or omit to do anything that will in any way derogate, diminish or weaken our proprietary rights in the
Intellectual Property including without limitation, you must not:

(a) copy or take photographs or videos of any Course Materials or during presentation of any Courses by our trainers or of our trainers of any other Course participants;

(b) do anything which is inconsistent with our ownership of the Course Materials (for example and without limitation, make the Course Materials available to any person via any method (whether for payment or not), sell or licence any rights to the Course
Materials) or publish, post or display all or any part of the Course Materials in any way including on any social media platform.

Provided that you may use the Course Materials for your own personal educational requirements.

13. DISPUTE RESOLUTION

13.1 The parties must use reasonable endeavours to resolve any and all disputes concerning this Agreement by negotiation with one another.

13.2 No party may initiate or commence court proceedings relating to a Dispute unless it has complied with clause 14.1, provided that application may still be made to the courts for interlocutory relief or to recover a debt payable.

13.3 You agree that the fact and details of any Dispute shall constitute Confidential Information for the purposes of the Agreement.

14. CONFIDENTIALITY

14.1 Except as permitted in this clause 15.2, you agree not to disclose, communicate or distribute to any third party any Confidential Information.

14.2 Clause 15.1 will not apply where:

(a) we give our prior written consent to the disclosure of Confidential Information;

(b) is required to be disclosed by law;

(d) at the time of disclosure, the Confidential Information in, or subsequently enters, the public domain otherwise than by breach of any duty of confidentiality of this Agreement.

15. NOTICES

15.1 All notices and other communications to be given under the Agreement must be in writing and be addressed to the party to whom it is to be sent at the physical address or email address from time to time designated by that party in writing to the other party for such purpose.

15.2 Any notice or communication given under this Agreement shall be deemed to have been received:

(a) at the time of delivery, if delivered by hand;

(b) three Business Days after the date of mailing, if sent by ordinary post within New Zealand;

(d) if sent by email, on the date and time at which it enters the recipient's information system, as evidenced (if requested by the recipient, where delivery is disputed) in a confirmation of delivery report from the sender's information system which indicates that
the email was sent to the email address of the recipient.

15.3 Any notice or communication received or deemed received after 5.00pm or on a day which is not a Business Day in the place to which it is delivered, posted or sent will be deemed not to have been received until the next Business Day in that place.

16. GENERAL

16.1 You agree that time is of the essence in respect of your obligations to us.

16.2 We will not be prevented from enforcing any of our rights under the Agreement because on an earlier occasion we did not enforce those rights.

16.3 While you are not entitled to assign your rights under this Agreement we may.

16.4 Any variation to the Agreement must be in writing and signed by all parties.

16.5 You agree that we may issue any proceedings in respect of the Agreement in any court that suits us. The law that governs the Agreement is New Zealand law.

16.6 Any provision of the Agreement that is held to be invalid or unenforceable for any reason shall be severed from and shall not affect the remaining provisions of the Agreement.

17.7 You agree that this Agreement expresses the entire understanding between us and that there have been no representations made by or on behalf of us that have been relied upon by you that are not contained in this Agreement.

17. INTERPRETATION

17.1 In this Agreement, the following words will have the definitions specified below unless context requires otherwise:

- - - “Agreement” means these terms and conditions together with your enrolment form and any variations agreed pursuant to clause 17.4.
    - “Business Day” means any day other than a Saturday, Sunday or public holiday in Auckland.
    - “Confidential Information” means all information (that is not publicly known) disclosed by a party (disclosing party) to the other party (receiving party) whether orally or in writing that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of its disclosure. Our confidential information includes our intellectual property and the terms of this Agreement.
    - “Course Date” means start date of a Course.
    - “Course Fee” means the enrolment fee payable for a Course.
    - “Course Materials” means all information and in any form whatsoever (including information in audio and/or visual form, verbally or in writing) relating to our Courses whether provided before, during or after completion of a Course and specially includes any filming or
      photographs taken during a Course.
    - “Fees” means the Course Fees and other amounts payable for our Courses.
    - “GST” means Goods and Services Tax payable under the Goods and Services Tax Act 1986.
    - “Intellectual Property” means all intellectual property rights and interests (including under statute and common law rights and interests) real and tangible owned by us in connection with any Courses including without limitation all Course Materials and information (whether in writing, audio visual or in hard copy form) provided to you in respect of our Courses and or as a result of attending a Course.