Background

1. These terms and conditions for event participation (the Terms) apply to participation in events organised by, or in cooperation with, Engineering New Zealand. 
2. By registering for an Event, the Participant agrees to be bound by these Terms and any other reasonable terms and conditions set by Engineering New Zealand relating to the Event.

Definitions

3. In the Terms, the following definitions apply:

Business Day means a day other than Saturday or Sunday or public holiday in New Zealand or day on which Engineering New Zealand is closed;

Confidential Information means all and any material and information which Engineering New Zealand reasonably conveys to the Participant is confidential.

Fee means the charge payable by the Participant in consideration for attending the Event.

Event means any activity organised by, or in conjunction with, Engineering New Zealand. This includes activities held at Engineering New Zealand’s premises, any other site, or held online.

Event Organiser means either Engineering New Zealand or the organisation who is running the Event in cooperation with Engineering New Zealand.

Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future, including, without limitation, all rights conferred under statute, by common law and in equity in, and in relation to, inventions, patents, designs, trade marks, trade names, logos, getup, circuit layouts, formulae, confidential information and copyright, and any application or right to apply for registration of any of those rights;

Invoice means the tax invoice for the Fee payable to Engineering New Zealand. The Invoice will include the name of the Participant and will describe the Fee and the Event.

Law means:

(a)        any statute, regulation, by-law, ordinance or subordinate legislation in force from time to time to which a party is subject;

(b)        the common law and the law of equity as applicable to the parties from time to time;

(c)         any binding court order, judgment or decree;

Participant means any person or organisation who attends or participates in an Event.

Parties means Engineering New Zealand and the Participant.

Payment

4. The Participant will pay to Engineering New Zealand the Fee in accordance with clauses 5 to 8.
5. Payments can be made to Engineering New Zealand by credit card, bank transfer and invoice.
6. If an Invoice is generated by Engineering New Zealand and is disputed, the Participant will pay the undisputed portion of the Invoice on time and will pay the other amount agreed to be owing upon resolution of the dispute.
7. The Participant will pay the Invoice by the specified due date.
8. The Participant and/or their Employer is responsible for payment of the courses attendee.

Event Cancellation

9. From time to time, Engineering New Zealand may have to cancel an Event. The Participant will be advised of any cancellations prior to the Event.
10. If Engineering New Zealand cancels an Event, any Fee paid will be refunded in accordance with clauses 11 and 12.
11. The Participant will choose to either receive a refund from Engineering New Zealand or transfer the Fee amount to an alternative Event.
12. Engineering New Zealand will not refund any travel, accommodation or any costs other than the Fee associated with the cancellation or postponement of an Event.

Withdrawals and Transfers

13. If the Participant is unable to attend the Event, the registration may be transferred to another Participant in accordance with clauses 14 to 16.
14. The Participant must notify Engineering New Zealand that another Participant will attend the Event in their place at least 48 hours before the Event starts.
15. The Participant will give Engineering New Zealand the name and Engineering New Zealand membership details (if applicable) of the alternative Participant.
16. If the Participant is a member of Engineering New Zealand and the alternative Participant is not, the alternative Participant will be sent an Invoice for the non-member Fee. If the Participant has already paid the Fee, the alternative Participant will be sent an Invoice for the difference between the non-member Fee and the member Fee.
17. If the Participant withdraws from the Event, the following refunds apply:
    1. For withdrawals 16 or more business days before the Event, the Participant receives a full refund.
    2. For withdrawals 11 to 15 business days before the Event, the Participant receives a 50% refund.
    3. For withdrawals 10 business days or less before the Event, the Participant does not receive a refund.

Health and Safety

18. When attending an Event, the Participant must comply with all reasonable health and safety instructions of the Event Organiser or representatives of the Event venue.
19. If the Participant recklessly or intentionally fails to comply with reasonable health and safety instructions, they will be asked to leave the Event and will not receive a refund.

Indemnity and Liability

20. The Participant indemnifies Engineering New Zealand against any and all liability, losses, damages, costs and expenses of any nature whatsoever arising out of recklessness, negligence or misconduct by the Participant in association with the Event.

Intellectual Property

21. All pre-existing Intellectual Property Rights of the Parties or their licensors (and any modifications) will remain owned by that party or the relevant licensor.
22. The Participant will not copy, modify, adapt, reproduce, distribute, display, or publish any intellectual property from the Event without the prior written consent of Engineering New Zealand.
23. The Participant will not record or transmit any part of the Event without the prior written consent of Engineering New Zealand.

Confidentiality

24. The Participant will comply with all Engineering New Zealand’s reasonable requests for confidentiality about an Event.
25. If the Participant wants to release or use Confidential Information, they must get Engineering New Zealand’s written approval before releasing or using the Confidential Information.
26. Engineering New Zealand will
    1. Keep and maintain all records associated with the Event in accordance with prudent business practice and all applicable laws; and
    2. Store all records safely.

Dispute Resolution

27. If a dispute arises in relation to these Terms, they must notify the other party in writing as soon as possible, but within 10 business days of the dispute arising.
28. The Parties will attempt to settle the dispute through direct negotiation in good faith.
29. If the Parties are unable to resolve the dispute through negotiation, they will refer the matter to mediation. If the parties cannot agree on a mediator, a mediator will be appointed by the Executive Director of the Arbitrators’ and Mediators’ Institute of New Zealand Inc. (AMINZ).
30. Except where interlocutory relief is necessary, or court action is required to preserve a party’s rights, the Parties agree not to start any court action in relation to a dispute until they have complied with the dispute resolution process under clauses 27 to 29.

General

31. These Terms are governed by the laws of New Zealand.
32. Failure by either party to enforce any of the clauses of these Terms shall not be interpreted as a waiver of that party’s rights.
33. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of the remainder of these Terms.