1. These Terms 1.2 These are the terms and conditions on which we supply our services to you, which can include courses, resources and digital content. 1.2 Please read these terms carefully before you submit your booking to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. These terms should be read in conjunction with our privacy and cookies policy www.atscoach.com/privacy/ and our acceptable use policy www.atscoach.com/terms-of-use-acceptable-use-policy/ 2. Information About Us And How To Contact Us 2.1 We are Waka Taitonga Limited, a company registered in New Zealand. Our NZBN is 9429047795402. Our registered office is PO Box 2007, Rotorua, NZ. 2.2 You can contact us by writing to us to PO Box 2007, Rotorua, NZ, by telephoning us on +64 7346 1008 or emailing us at info@atscoach.com. Our office is open 9:00am to 17:30pm (NZT) Monday to Friday (excluding Public holidays). 2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. 2.4 By making a booking with us, you confirm that you are over the age of 18. All bookings for students under the age of 18 must be made by a parent/guardian or school at which they attend and both you and the student will be bound by these terms. 2.5 Definitions: “Booking” means your booking a course with us; ‘Course Materials’ means the materials relating to any one course, which may be in physical and/or digital format. “Event” means the services that you have booked to attend; “Services” means all events including seminars, workshops, programmes or any other coaching services that we may offer; “Website” means www.atscoach.com ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails. 3. Our Contract With You 3.1 Our acceptance of your booking will take place when we email you to accept it, at which point a contract will come into existence between you and us. 3.2 If we are unable to accept your booking, we will inform you of this and will not charge you. This might be because the event is no longer available, has changed in some way or because we have identified an error in the price or description of the event. 4. Our Services 4.1 Courses – Generally 4.1.1 All courses, content, the venue and the timing thereof will be as set out in the description on our website. 4.1.2 Any course materials to be supplied will be made available either on the day the course is to take place (for 1 day events), or as and when necessary. Course Materials may be supplied in physical format only, as digital content only or a mixture of both. 4.1.3 You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which courses are provided. 4.1.4 You must only use the premises at which courses are provided for the purposes of participating in the event you have booked. 4.1.5 We shall provide such presenters to present the events as we, in our sole discretion, deem fit and we shall be entitled at any time to substitute any presenter with any other person who, in our sole discretion, we deem suitably qualified to present the relevant course. 4.1.6 If you require a student visa to enable you to study with us you are responsible for obtaining the necessary visa and for ensuring that your attendance is satisfactory to meet your visa requirements. 4.1.7 You must sign an attendance register for each event as required by the presenter. Presenter’s may use their discretion to refuse you entry to a course if you do not arrive at the stipulated start time. 4.1.8 Your personal possessions are your sole responsibility and we accept no responsibility and/or liability for anything that is lost or stolen from our venues. You are advised during an event to keep your valuables with you at all times. 4.1.9 You acknowledge that we and our venue providers operate a zero-tolerance policy in relation to inappropriate behaviour of students. In particular abusive or violent behaviour directed at any member of staff or other students and unfair or dishonest practices including but not limited to cheating, will not be tolerated under any circumstances. We may, at our reasonable discretion and without liability or an obligation to refund any monies paid, refuse to supply any event to any student and may refuse to admit to, and may remove from any venue premises, any student whose participation in any event would, in our reasonable opinion, be undesirable or whose behaviour we, or the venue, consider to be in breach of this Agreement. 4.1.10. We expect you to take reasonable care to verify that the event and course materials that you book will meet your needs. We do not make any commitment to you that you will obtain any particular result from your attending an event or use of the course materials or that you will obtain any particular qualification on completion of the event (unless otherwise stated on our website). 4.1.11 Unless stated in the event description on the website, no food or beverages are provided by the venue at events. 4.1.12 Photography and videoing at events. From time to time we will take photos and videos of students during their time at an event. This content is solely for the use of advertising and marketing which may appear on third party material such as websites and leaflets. By making a booking with us, you are providing your consent to this. To opt out please email us at info@atscoach.com and provide the following information in your email: your name, event booked, location and date of booking. 4.1.13 You agree to maintain strict client confidentiality and to practise coaching in a responsible way. 4.2 Courses – Module based courses, 1-day courses and 2-3day courses 4.2.1 All terms referred to in clause 4.1 apply. 4.2.1 Attendance of all modules and mentoring sessions is required to pass the diploma course and attendance of both days of a CPD course is required to receive the CCE Certificate. You must meet all qualification criteria laid out in the specific course description. You must arrive by the stipulated start time and not leave any earlier than the stipulated end time. Failure to start and end the course at the correct time or attend any part of a module, course or session may result in a fail. 4.2.2 Attendance of module based courses must be completed in strict sequence of modules. However, some alternatives will be made upon some requests and subject to availability. 4.2.3 We will seek to help you find practice clients but cannot guarantee that we will do so and you are ultimately responsible for finding practice clients. 4.2.4 You must attend all mentoring sessions. If, for any reason, you cannot attend a mentoring session then you must contact your mentor at least 48 hours in advance. Failure to do so will result in your being charged a re-booking fee to cover the mentor’s costs. This must be paid within 7 days of our sending this to you and you will not be able to attend a further mentor session until payment has been received. Please be aware that you will not be able to quality if you fail to complete the required number of training session. 4.2.5 We may end the contract for our services if you fail to attend courses or mentor sessions or we do not believe that you are making full use of the online resources in regards to the private study you are expected to undertake as part of the course. 4.3 Digital content and online courses 4.3.1 We expect you to take reasonable care to verify that the course that you book will meet your needs. We do not make any commitment to you that you will obtain any particular result from a particular course or use of the course materials or that you will obtain any particular qualification on completion of the course (unless otherwise stated on our website as to achieve a qualification). 4.3.2 Courses booked will be available to view/download for a period of 12 months after we confirm receipt of your order and can be streamed/downloaded immediately thereafter (unless stated otherwise within the description on the website). 4.3.3 You must not allow any third party to use your account information and/or computing equipment to access the digital content or course that you have booked. 4.3.4 You may only print off any course materials for your own personal use. You must not provide, offer to sell, license or transfer the course materials (whether in whole or in part in any manner or form or in or on any media) to any other person unless we have agreed to this in writing. 4.4 For all courses and content, please refer to our Website User and Acceptable Use policy. Insert a link 5. Your Rights To Make Changes If you wish to make a change to a booking, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the booking, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, please see Clause 8 – Your rights to end the contract). 6. Our Rights To Make Changes We may make changes: (a) to reflect changes in relevant laws and regulatory requirements. This includes, but is not limited, to any changes we are required to make due to external changes (for example, data protection legislation or those required by any affiliations to coaching organisations or other external bodies). (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services; and (c) to make slight changes to start/end times of events; (d) to change those providing, speaking or appearing at any event. 6.2 More significant changes and these terms. In addition, we may make changes: 6.2.1 to a venue or the date of an event, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received; and/or 6.2.2 to reflect changes in qualification requirements and/or our services where changes made pursuant to clause 6.1 (a) impact how and when those services are provided. 6.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it. 7. Providing the Services 7.1 The date of when events, digital content and online courses will be available are as set out on the website. 7.2 We are not responsible for delays outside our control. If our supply of our services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any booking you have paid for but not received. 7.3 Reasons we may suspend the supply of services to you. We may have to suspend the supply of our services to: (a) deal with technical problems or make minor technical changes; (b) update the services to reflect changes in relevant laws and regulatory requirements; (c) make changes to the services as notified by us to you (see Clause 6.). 8. Your Rights to End the Contract 8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have booked. (a) If what you have booked is misdescribed you may have a legal right to end the contract (or to request a service to be re-performed or to get some or all of your money back), see Clause 11.; (b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2; (c) If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; (d) In all other cases (if we are not at fault and there is no right to change your mind), see Clauses 8.4 and 8.6. 8.2 If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are: (a) we have told you about an upcoming change to the booking or these terms which you do not agree to (see Clause 6.2); (b) we have told you about an error in the price or description of the booking, and you do not wish to proceed; (c) there is a risk that supply of our services may be significantly delayed because of events outside our control; or (d) we have suspended supply of our services, or notify you we are going to suspend them, in each case for a period of more than 1 month. 8.3 Exercising your right to change your mind 8.3.1 When purchasing digital content online, you have a legal right to change your mind within 14 days and receive a refund, but the cancellation rights do not apply after you have started to download or stream the digital content. You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind. 8.3.2 Subject to Clause 8.3.4, when booking a 1-day event, you have 14 days after the day we email you to confirm we accept your booking, to cancel the booking and obtain a full refund. You can still cancel a booking after that time but you will not be entitled to a refund. You may however, transfer your booking to another date where possible (see clause 8.4) 8.3.3 Subject to Clause 8.3.4 where you have booked an event or multi-day course (a course that takes place over a series of days or modules) you have 14 days after the day we email you to confirm we accept your booking, to cancel the booking and obtain a full refund. After the 14 day cooling off period, you may cancel the booking at any time up to 2 weeks after the first module was delivered to you and we still refund the course fees less the deposit. 8.3.4 If the event is to take place within 14 days of the date of your booking, this means that you are giving us specific consent to provide the event within the normal cancellation period. By continuing with the booking, you understand and accept that, if you then cancel the booking the right to a refund will be lost. 8.4 Transferring a booking. 8.4.1 Single or 2 day events. You may transfer a booking to the same course to an alternative date provided you notify us in writing up to 30 days before the start date of the booking, subject to availability. Where we agree to transfer a booking, a new booking must be made within 6 months of the date we inform you that the booking can be transferred. 8.4.2 Events and module based courses. You may transfer a booking to the same course to an alternative date provided you notify us in writing up to 30 days before the start date of the booking, subject to availability. Please note that our courses book up very quickly so transfers are managed at our discretion and your first choice may not always be available. However, we will use our best endeavours to offer alternative options until all modules are complete. 8.4.3 Where a request to transfer a booking is made within the 30 day period stipulated, there will be no fee payable by you. Any requests to transfer with notice of less than 30 days are subject to our sole discretion and you will be subject to an administration charge of 10% of the course booking fee (plus VAT) and must be paid to us prior to the start of the new booking date. 8.4.4 We will only agree to transfer a course where we have confirmed this in writing to you. 8.5 Failure by you to attend a course module does not constitute grounds to a refund and you will be required to re-book that module (at an additional fee) before completing subsequent modules. 8.6 Where we agree to transfer a module or postpone the whole course, we will discuss with you whether this will have an effect on the original price paid. Where there has been no increase in price between the date you originally agreed the pricing plan and the date of proposed postponement, then we will not charge you any additional fee. Where there has been a price increase between the date you originally agreed the pricing plan and the date of the proposed postponement, we will ask you to pay the difference in price. 8.7 Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract. For most events, this will, in most cases, amount to 100% of the price paid. 9. How To End The Contract With Us (Including If You Have Changed Your Mind) 9.1 To end the contract with us, please let us know by doing one of the following: (a) Phone or email. Call us on 07 346 1008 or email us at info@atscoach.com. Our office is open 9:00am to 17:30pm (NZ) Monday to Friday (excluding Public holidays). (b) By post. Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address. 9.2 Where a refund is due to you, we will pay you by the method you used for payment within 14 days. However, we may make deductions from the price, as described below. 10. Our Rights To End The Contract 10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if: (a) you do not make any payment to us when it is due, and you still do not make payment within 5 days of us reminding you that payment is due; (b) you breach any of these terms and conditions; (c) You breach your requirements of attendance at events. 10.2 If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. 10.3 We may withdraw our services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 10 working days in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided. 11. If There Is A Problem 11.1 How to tell us about problems. If you have any questions or complaints please call us on 07 346 1008 or email us at info@atscoach.com.com. 11.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. This means that (i) if your product is digital content must be carried out with reasonable care and skill. Nothing in these terms will affect your legal rights. 12. Price And Payment 12.1 The price of the event (which includes GST) will be the price indicated on the booking pages when you submitted your booking. We take all reasonable care to ensure that the price advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order. 12.2 We will pass on changes in the rate of GST. If the rate of GST changes between your order date and the date we supply the services, we will adjust the rate of GST that you pay, unless you have already paid for the services in full before the change in the rate of GST takes effect. 12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, we make a mistake with the price. If we have overcharged you at the time of booking, we will refund you the difference. Where we have undercharged you, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may still end the contract, refund you any sums you have paid and have no further legal obligation to you. 12.4 When you must pay and how you must pay. All courses and events must be paid for at the time of submitting your booking. Methods of payment are as stated on the website. 13. Our Responsibility For Loss Or Damage Suffered By You 13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products. 13.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 13.5 We are not liable for business losses. We only supply our services to individuals for domestic and private use only. 14. How We May Use Your Personal Information 14.1 We will use the personal information you provide to us as more particularly set out in our privacy policy – www.atscoach.com/privacy/: (a) to supply our services; (b) to process your payment; and (c) if you agreed to this during the booking process, to give you information about similar services or products that we provide, but you may stop receiving this at any time by contacting us. 15. Other Important Terms 15.1 Special offers and discounts. Any special offers or discounts on the website can be withdrawn at any time, without notice. Discounts for group bookings can only be given when all those being booked are attending the same event. 15.2 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for products not provided. 15.3 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. For the avoidance of doubt, this also means that any courses or seminars booked can only be attended by the person named on the booking. 15.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms. 15.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 15.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. 15.7 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. 15.8 Mediation dispute resolution. Mediation dispute resolution (MDR) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an MDR provider however, as we are not members of an MDR, we shall, at our sole discretion, have the right as to whether to accept or reject your nominated MDR.
