terms and conditions-1
 
The terms and conditions below are for your reference. If you have any queries regarding the below please email info@foodcontrolplans.co.nz
  1. Terms of the Agreement
    1. Foodcontrolplans.co.nz Limited (FCP), a New Zealand Limited Liability Company, agrees to facilitate the delivery and assessment of quality hospitality courses under contract to Hospitality Training Coy Limited (HTC), as listed on the website, within guidelines by the New Zealand qualifications framework, with the aim of promoting and upskilling the hospitality industry.
    2. FCP may change these terms and conditions at any time at its discretion and such changes shall take effect from the date that they are placed on FCP’s website.
  1. Definitions
    As used in this Agreement and on any web pages now or hereafter the following terms have the stated meaning:
    1. Agreement:
      Means these terms and conditions and any materials available from foodcontrolplans.co.nz specifically incorporated by reference herein, and such materials, including the terms of this Agreement, as may be updated by foodcontrolplans.co.nz Limited from time to time in its sole discretion.
    2. Course:
      The set of webinars or plan of study for a particular qualification as outlined on the website.
    3. Customer:
      The individual enrolled to attend one or more courses as outlined on the website.
    4. Course Materials:
      The information provided by FCP to accompany a course provided as part of the Services in hard copy or electronic form.
    5. FCP:
      The New Zealand Limited Liability Company foodcontrolplans.co.nz Limited
    6. Fees:
      The fees paid by you to FCP for the Services
    7. GST:
      Goods and services tax
    8. Hospitality Training Coy Limited (HTC)
      A Private Tertiary Enterprise (PTE) registered and accredited under the Education Act 1989, hereafter referred to as HTC.
    9. Intellectual Property Rights:
      Means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, Work Requests, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
    10. Personal Information:
      Means any data, information or material provided or submitted by you to the Software in the course of using the Software.
    11. Services:
      The services to be supplied by FCP to the Customer under the Agreement.
  2. Provision of Services
    1. Hospitality Training Coy Limited (HTC) will act as the providers of the NZQA qualifications as listed on the website, within guidelines by the New Zealand qualifications framework.
    2. FCP will act as the facilitators of all learning and assessment hospitality courses, as listed on the website, within guidelines by the New Zealand qualifications framework.
    3. A description of the services together with the dates and times on which the courses will begin are available on our website.
    4. FCP will provide services using reasonable care and skill and in accordance with these Terms and Conditions.
    5. FCP may delegate the performance of all or part of the services to an agent or subcontractor and the Customer authorises the Company to disclose all information necessary for such performance to the agent or subcontractor.
    6. The Customer acknowledges that FCP, by providing the services, neither takes the place of the Customer or any third party, nor releases them from any of their obligations, nor otherwise assumes, abridges, abrogates or undertakes to discharge any duty of the Customer to any third party or that of any third party to the Customer.
    7. FCP reserve the right to vary or withdraw any of the services described on the website without notice.
  3. Course Assessment and Issuance of Qualification
    1. Learning materials is provided by FCP to the customer.
    2. Assessment material is provided by HTC via FCP’s online system.
    3. External and Internal moderation systems and processes will be required by HTC to ensure assessments are and remain a structured process for gathering evidence and making judgement on an individual’s performance in relation to national guidelines.
    4. Only Service IQ pre-moderated evidence and assessment schedules will be used by HTC and FCP.
    5. Access to assessment material will be issued by FCP to the Customer at the conclusion of course webinars and training sessions.
    6. Customers who have difficulty in completing the initial assessment will be offered one opportunity to re-sit the assessment at no extra cost. A failure after this repeat and the customer will be required to resit the course and assessment. The customer will be liable for the full fees of this unless otherwise agreed by both parties.
    7. HTC will issue NZQA Accredited Certificates via FCP’s online system and will submit the credits onto the NZQA website after the assessment has been submitted to and assessed by FCP.
  4. Devices
    1. All course webinars, course material and assessments can be accesses on any of the following internet connected devices; laptop, PC/desktopcomputer, Ipad/tablet, smartphones (apple and andriod).
    2. In no event shall FCP be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with the use of online training webinars and materials, including but not limited to the use or inability to use personal devices, or for any content obtained from or through the personal device, any interruption, inaccuracy, error or omission.
  5. Fees and Payments
    1. The Customer agrees that all course fees are paid in advance before the start date of the course. If fees are not received in advance FCP reserves the right to withdraw the offer of place.
    2. Where an invoice is issued the fees will be due 7 days from the issuance of the invoice, or before the start date of the course, whichever comes first, unless otherwise agreed by both parties.
    3. In addition to any other rights granted to FCP herein, FCP reserves the right to suspend or terminate this Agreement if your invoice remains unpaid.
    4. FCP reserves the right to modify its fees and charges and to introduce new charges upon at least 30 days’ prior notice to you.
    5. Fees for other services will be charged on an as-agreed basis.
    6. FCP will apply GST to fees.
  6. Refunds and Withdrawals
    1. A Customer may not transfer their course place to another person
    2. Refunds are only provided at the discretion of the Directors and will not be refunded under the following conditions;
        • If a customer changes their mind.
        • If a customer has at any time logged into, accessed supporting documents and/or commence their course.
        • If a customer does not have the adequate language ability.
        • If a customer fails to complete in the time allowed as stated on the website.
  7. Confidentiality and Privacy
    1. In this clause, “confidential information” includes any information supplied by The Customer, through any contact with FCP (e.g. telephone call, email or site visit), or during the term of the Agreement.
    2. FCP may disclose your personal information to the following;
        • A person who can require us to supply your personal information (e.g. a regulatory authority).
        • Any other person authorised by the Act or another law (e.g. a law enforcement agency).
        • Any other person authorised by you.
    3. FCP shall, during the continuance of this Agreement, and after it’s termination (howsoever occasioned):
        • Shall not disclose to any person other than those covered by clause 7.2 except without prior consent of a Director of The Customer or as a necessary part of the provision of services or any other person authorised by the Act or another law (e.g. a law enforcement agency).
        • Use their best endeavours to prevent the disclosure of any confidential information.
    4. FCP complies with the New Zealand Privacy Act 1993 (the Act) when dealing with personal information. The full policy statement can be reviewed at https://www.foodcontrolplans.co.nz/privacy-policy. This policy sets out how we will collect, use, disclose and protect your personal information.
    5. FCP reserves the right to change this policy by uploading a revised policy onto the website.  The change will apply from the date that we upload the revised policy.
    6. The provisions of this clause shall cease to apply to information which enters the public domain.
  8. Appeals and Complaints Process:
    1. If you wish to provide feedback, a course feedback survey will be available at the completion of the course. Additionally, Customers can contact FCP directly at hello@foodcontrolplans.co.nz.
    2. If a Customer believes they have been unfairly treated by the decisions of FCP they have a further avenue of appeal through the providers of the Qualifications; HTC. HTC can be contacted by emailing joanne@hospotrain.com
    3. The full appeals and complaints policy and process is available on request from FCP.
  9. Severability
    If any clause no longer applies, e.g. if a court rules it invalid, the rest of the agreement will remain in place. The Agreement will continue as if that clause had not existed.
  10. Force Majeure
    FCP shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of FCP, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond FCP’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.

© foodcontrolplans.co.nz Limited 2020