Terms and Conditions
Education New Zealand Offshore Events' Terms and Conditions
1. Valid for participation in events held from 1 January 2015
By submitting an application for registration to participate in an Education New Zealand event you agree that these terms and conditions apply to you in respect of such application and, should Education New Zealand accept your application, your participation in the event.
Code of Practice means the code of practice available on the New Zealand Ministry of Education website
Criteria means the criteria specified in clauses 3.1 (Participation Criteria) and 4.2 (Selection Criteria) below.
Event means the event organised or coordinated by Education New Zealand in respect of which you are applying to participate.
Exhibit means the exhibit promoting your Product/Service at the Event and includes, without limitation, any electronic or other documentation used or provided in respect of your Product/Service, any audio-visual tools used and the information provided or shown using those tools, and any presentations or performances given in respect of your Product/Service.
NZQA means the New Zealand Qualifications Authority.
Participant means an individual or body corporate (an association of persons regarded as a single legal person at law) whose application to participate at the Event has been accepted by Education New Zealand, and where applicable, includes all employees, contractors, and representatives of that individual or body corporate.
Participation Fee means the fee specified in the Event prospectus that is payable by you to Education New Zealand in relation to your participation at the Event.
Product/Service means the products and/or services that you supply and that you wish to promote at the Event.
Website means the Education New Zealand website at URL www.educationnz.govt.nz or individual operator websites, depending on the context.
References to 'you' and 'your' are references to the individual or body corporate submitting this application to participate at the Event, and includes all employees, contractors, and representatives of that individual or body corporate.
2. Relevant terms
2.1 In these terms and conditions the following terms have the corresponding meanings:
3. The Event
3.1 The location, timing, format, purpose, and all other aspects of the Event are determined at the sole discretion of Education New Zealand. Education New Zealand may change any aspect of the Event, including without limitation the location, timing, format and purpose, where it considers it is reasonably necessary to do so.
4. Participation criteria
4.1 You may only apply to participate at this Event if you:
- Are a signatory to the Code of Practice
- Have a NZQA or other relevant (in the opinion of Education New Zealand) accreditation (free from suspension, review or investigation)
- Have a 'Highly Confident'(Category 1) or 'Confident'(Category 2) NZQA external assessment report in both the Educational Performance & Capability in Self-Assessment categories.
4.2 Please note Education New Zealand may occasionally alter the criteria for participating at a specific Event, at which time the marketing team will advise either on the website or by email.
4.3 If at any time following registration or confirmation of registration, Education New Zealand reserves the right, at any time, to cancel your prior registration for an Event.
- You no longer fulfil the criteria for participation at a specific Event; and/or
- Your NZQA or relevant accreditation has been suspended, is under review or is investigation;
5. Acceptance of application
5.1 Acceptance: Consideration and acceptance of your application to participate at the Event is at the sole discretion of Education New Zealand. Education New Zealand is under no obligation to provide you with any reasons for its acceptance or rejection of your application.
5.2 Selection Criteria: Without limiting clause 4.1 (Acceptance), your application to participate at the Event may be assessed using one or more of the following criteria:
- the order in which your application is received within the application timeframe, for example: "first come, first served";
- evidence of an independent accreditation under a third party quality rating system, which is widely recognised nationally and/or internationally for its robust assessment process, for example: NZQA.
- the availability of information about your Product/Service over the internet and by email and the quality of such information;
- your involvement with Education New Zealand’s marketing programmes, including but not limited to any international media programme;
- evidence of international marketing of your Product/Service in relevant markets by you or via off-shore education agents;
- any other criteria that Education New Zealand considers relevant to the selection of products and services for promotion at the Event.
6. Fees and payment
6.1 Participation Fee: Upon completion of the registration form an invoice for participation fee will be generated. Education New Zealand reserves the right to refuse admission to the event if the invoice has not been paid by the due date as per invoice.
6.2 Late payment: Education New Zealand may charge default interest on any amounts due and owing to it, including the Participation Fee and the Cancellation Fee, which are not received by the due date. Default interest shall be calculated at a rate equal to the then current 90 day bank rate of Education New Zealand’s principal bank plus two per cent per annum calculated on a daily basis from the due date for payment to the date on which payment is received by Education New Zealand.
6.3 Taxes: Participants agree to pay all applicable taxes in connection with the Event as provided for in the Event prospectus, or as otherwise notified by Education New Zealand.
6.4 Other costs: You are responsible for all your costs associated with your application for or participation in the Event including, without limitation, travel and accommodation costs, advertising costs, exhibition and promotional materials, including freight and customs costs. Education New Zealand will not be responsible for any costs or disbursements that you incur as a result of your application or your participation in the Event.
7. Cancellation
7.1 Cancellation by Education New Zealand: If, at any time following acceptance of your application but prior to the Event:
a. Education New Zealand considers that you cease to satisfy any of the Criteria or have otherwise breached these terms and conditions;
b. Education New Zealand reasonably considers that it is no longer appropriate for you to participate in the Event; or
c. you fail to pay the Participation Fee to Education New Zealand by the due date for payment specified by Education New Zealand,
Education New Zealand may, in its sole discretion, by notice in writing, withdraw its acceptance of your application and cancel your right to participate in the Event without incurring any liability to you or any third party. Cancellation of your participation in the Event by Education New Zealand will have immediate effect on receipt of such notice. If Education New Zealand cancels for the reason set out in clause 6.1(b) above, any Participation Fee already paid by you will be refunded. In all other cases the Participation Fee will not be refunded
7.2 Cancellation of registration must be submitted in writing to events@enz.govt.nz. Cancellations received up to 12 weeks before the date of event will result in a 90% reimbursement of paid registration fee or 10% charge if not yet paid. Cancellations received between 8-11 weeks prior to the event will result in a 50% refund or charge if not yet paid. Should you cancel your registration less than 8 weeks prior to the event full fees will be invoiced and there will be no refund.
7.3 Should Education New Zealand cancel the event for any reason you will receive a full refund of registration fee paid for the event.
8. Privacy and confidentiality
8.1 Privacy: Education New Zealand may collect personal information from you (such as your name, home/business address and email and any details required for registration for any Event) for the purpose of facilitating your participation in the Event, and for event management.
You agree that Education New Zealand may retain and use such personal information for the above purposes, and for the purposes of advising you of changes or additions to its activities, and providing you with information on related services provided by Education New Zealand or third parties. Your personal information may be provided to other event related organisations or entities for the purpose of event management or Education New Zealand may use it to contact you in the future for purposes relating to the Event.
8.2 Disclosure: Education New Zealand will keep personal information confidential except where disclosure is necessary for the purpose of organising or running the Event or where disclosure is required:
a. by law enforcement or other Government agencies in connection with the conduct of any investigation of criminal activities; or
b. by court order.
Such personal information does not extend to information that:
a. was known to Education New Zealand prior to the submission of your application;
b. is, or becomes, public knowledge without the fault of Education New Zealand;
c. is, or becomes, available to Education New Zealand from a source other than you; or
d. is required to be disclosed by law.
Any personal information that you provide will be collected and held by Education New Zealand at its Wellington office. Under the Privacy Act 1993, you may at any time have access to any personal information about you held by Education New Zealand by submitting a request to Education New Zealand in writing. Education New Zealand will update and correct such information upon receipt of a written request from you. The address for such requests is:
Education New Zealand
PO Box 12041
Level 5
160 Lambton Quay
Wellington
8.3 Electronic messages: By applying to participate in the Event, you give your consent for Education New Zealand to contact you by way of electronic messages in relation to your registration and/or participation, as well as for marketing and promotional purposes. You can unsubscribe from these messages by using the “Unsubscribe” function on the message.
8.4 Confidential Information: Education New Zealand may provide you with confidential information during the Event, including information relating to other Event participants. Such information must only be used by you for the purposes of the Event, and must otherwise be kept confidential by you. Such confidential information must not be provided to a third party without the prior consent of Education New Zealand (and any other Event participants whose confidential information is to be disclosed).
8.5 Access to information: As a government organisation, Education New Zealand is subject to the Official Information Act 1982 (OIA), and Education New Zealand may therefore at any time be required to make available and disclose personal or confidential information about you in response to a request for access to official information made under the OIA.
9. Warranties
9.1 You undertake and warrant that your Product/Service, participation at the Event, the content of your Exhibit, and any information provided by you in respect of your Product/Service at the Event will not:
a. be misleading or deceptive or likely to mislead or deceive or otherwise be in breach of the Fair Trading Act 1986;
b. be defamatory or offensive to generally accepted community standards or otherwise unlawful; or
c. breach or otherwise infringe any intellectual property rights, including copyright and trademarks, of any third party.
10. Liability and indemnity
10.1 Liability: Education New Zealand will not be liable for any loss or damage (including consequential loss or damage, loss of profits, loss of revenue or loss of savings) which may be suffered or incurred or which may arise directly or indirectly in respect of your application and/or the Event or any failure or omission on the part of Education New Zealand to comply with its obligations under these terms and conditions.
10.2 Exclusions: All conditions and warranties which may be implied by law into these terms and conditions are excluded except to the extent that it would be unlawful to do so. You agree that to the extent that you are acquiring goods or services under these terms and conditions for the purposes of a business, the guarantees provided under the Consumer Guarantees Act 1993 shall not apply to Education New Zealand’s supply of such goods and services.
10.3 Limitation: If, for any reason, Education New Zealand cannot rely upon the limitations and exclusions in clauses 9.1 (Liability) and 9.2 (Exclusions), the maximum aggregate liability that Education New Zealand will have to you in respect of the subject matter of these terms and conditions is the total Participation Fee payable or paid by you under these terms and conditions.
10.4 Indemnity: You will indemnify Education New Zealand against any costs, losses and damages and will, at your cost, defend or settle any claim suit, action or proceeding brought against Education New Zealand arising from:
a. any breach of these terms and conditions by you;
b. your actions or your participation at the Event;
c. use of your Product/Service by any third party as a result of your participation in, or Exhibit at, the Event;or
d. any third party claim of intellectual property rights infringement in respect of your Exhibit or your Product/Service.
11. Insurance
11.1 Participants must effect and maintain at their own expense insurance policies covering all aspects of their participation in the Event including, but not limited to, public and product liability, workers compensation and property insurance. Participants acknowledge that Education New Zealand:
a. does not have any responsibility or liability for any loss suffered by or damage caused to participants, visitors, or any other third parties;
b. will not provide or arrange for any insurance for, or on behalf, of participants, visitors or any other third parties; and
c. does not provide any indemnity for loss or injury suffered by participants, visitors, or any other third parties.
12. Notices
12.1 Any notice to be given to Education New Zealand under these terms and conditions must be in writing sent to:
Education New Zealand
PO Box 12041
Level 5
160 Lambton Quay
Wellington
Any notice to be given to you may be sent to the address provided by you with your application.
A notice given in accordance with this clause 11.1 (Notices) is deemed to be received 3 business days after posting, if sent by prepaid post or on the day of delivery or left at the recipient's provided address during business hours.
13. Third party terms and conditions
13.1 Should the Event be run by a third party (and your participation co-ordinated by Education New Zealand), you may be required to comply with certain terms and conditions of this third party (Third Party Terms) as they apply to your participation in the Event. Where practicable, Education New Zealand will use its reasonable endeavours to procure that such Third Party Terms will be supplied to you prior to the Event. Education New Zealand has no responsibility for or liability to you in relation to the content of any Third Party Terms or your compliance with any Third Party Terms.
14. General terms
14.1 Representations: You acknowledge that you have not relied on any representation made by Education New Zealand which is not expressly stated in these terms and conditions.
14.2 Assignment: You may not, without Education New Zealand’s prior written consent, assign, novate, sub-contract, pledge or transfer any or all of your rights, duties or obligations under these terms and conditions. Education New Zealand shall have the right to assign, novate, sub-contract, pledge or transfer any or all of its rights or obligations under these terms and conditions without your consent.
14.3 Waiver: Failure by Education New Zealand to enforce at any time any of the terms, conditions or provisions of these terms and conditions shall not be construed to be a waiver of Education New Zealand’s rights, or in any way affect the validity of the whole or any part of these terms and conditions, or to otherwise prejudice Education New Zealand's right to take subsequent action. Any waiver by Education New Zealand in respect of any right provided for in these terms and conditions shall not be construed to be a waiver of any further or future rights arising under these terms and conditions.
14.4 Compliance with law: You will ensure that you, and each of your employees, contractors and representatives, comply with all applicable New Zealand law at all times during your participation in the Event, and with all applicable laws (including all visa and regulatory requirements) of any overseas country in which the Event is held.
14.5 Severability: In the event that part or all of any provision of these terms and conditions is illegal or unenforceable, such provision will be interpreted as may be necessary to ensure it is not illegal or unenforceable. If any provision (or part of it) cannot be interpreted in that way, the provision (or part of it) will be severed from these terms and conditions and the remaining provisions will continue in full force and effect.
14.6 Governing law: These terms and conditions shall be governed by New Zealand law and you irrevocably and unconditionally submit to the non- exclusive jurisdiction of the courts of New Zealand to determine all issues which may arise under or in connection with these terms and conditions.
14.7 Entire agreement: These terms and conditions constitute the entire agreement between you and Education New Zealand and supersede all prior communications, representations, agreements and understandings, either verbal or written, between you and Education New Zealand with respect to the subject matter of these terms and conditions.
