Oceania Horizon
Training and course delivery

Terms of engagement — training

These terms apply to training delivered by Oceania Horizon, including the three day programme. They form part of any booking confirmation. Inspection and assessment work is covered by separate terms, issued with the quote.

This is a plain language summary of our standard terms. It is not legal advice. If you have your own legal or procurement requirements, raise them with us before you book.

1. Course numbers
  • Maximum 12 participants per course.
2. Payment terms
  • A 50% deposit is payable on booking, to secure the course.
  • The remaining 50% is payable on the day the course begins.
  • Where we arrange flights on your behalf, these are charged at cost and must be paid before travel commences. We reserve the right to cancel those travel arrangements if payment is not received in time.
3. Attendance and engagement
  • Attendance and full engagement is required at all sessions to receive a certificate. No certificate is issued for partial attendance.
  • Mobile phones and other personal devices are put aside during sessions. If a participant uses a phone or other device during a session, the trainer may exclude that participant from the remainder of the course, and no refund will be offered.
  • It is important that relieving or cover arrangements are made for each participant’s normal role before the course begins, so they can engage fully without needing to manage their usual duties during the course.
4. Participant confirmation and substitution
  • Full names and seniority or rank of all confirmed participants must be provided no later than three weeks before the course starts.
  • Late substitutions are considered case by case, at our discretion.
5. Regulatory and travel requirements
  • Any additional cost needed to meet the host country’s entry requirements, including visas, work permits and other immigration formalities, is charged at cost.
  • Any letters of support required for visa applications are the responsibility of the host to arrange, at no cost to Oceania Horizon.
6. Photos and social media
  • All photos, video and social media content relating to the course must be reviewed and approved by Oceania Horizon before it is posted or shared, so that we meet Australian privacy law and applicable European data protection law (GDPR) for anyone attending.
  • If a participant does not want their face shown, it will not be published. Please tell us before the course begins if you or any participant does not want to be photographed or filmed.
7. Cancellation
  • A confirmed booking is a firm commitment, in the same way as enrolling in a fixed program at a maritime training college.
  • If you cancel or withdraw within 30 days of the course start date, the full course fee remains payable and is not refunded.
  • If you cancel earlier than 30 days out, your deposit is refunded less any cost we have already committed on your behalf, such as flights already booked.
8. Force majeure
  • Neither of us is responsible for a delay or failure caused by something reasonably outside our control, such as extreme weather, natural disaster, civil unrest, government action or a pandemic.
  • If this happens, we will agree a revised delivery date in good faith. Any additional cost incurred, or needed to make the change, is payable by you.
9. Trainer substitution and continuity
  • If the nominated trainer cannot attend due to illness, travel disruption or other circumstances beyond our control, we will use reasonable efforts to provide a substitute trainer of equivalent experience and qualification.
10. Venue and facilities
  • You are responsible for providing a suitable venue, such as a boardroom, seating for up to 12 participants, standard audiovisual equipment and internet access, and lunch and refreshments for all attendees.
11. Intellectual property
  • Course materials, including presentations, workbooks and case studies, remain the intellectual property of Oceania Horizon.
  • Materials are for the use of confirmed participants only, and may not be reproduced, distributed or used to deliver training to others without our written consent.
  • Photographing or recording presentation slides or other course materials is not permitted.
12. Insurance and duty of care
  • Participants are responsible for holding their own travel and medical insurance, including for any international travel.
  • Oceania Horizon maintains its own professional indemnity and public liability insurance for the delivery of training.
13. Fees, currency and taxes
  • Fees are quoted in United States dollars (USD) and are exclusive of any VAT or GST.
  • Fees are also exclusive of any local taxes, duties or levies required to be charged where the course is delivered overseas. Any such amounts, together with currency conversion costs, are payable by you in addition to the quoted fee.
14. Our liability to you
  • Some guarantees under Australian consumer law cannot be excluded, and nothing in these terms tries to exclude them.
  • Subject to that, our total liability for any claim arising from an engagement is capped at the fees you paid for that engagement.
  • We are not liable for indirect or consequential loss, such as lost profits, lost opportunities, or the cost of your own staff time or of releasing participants from their normal duties.
  • These limits also protect our directors, employees, contractors and sub-contractors who work on your engagement, and not only Oceania Horizon as a company.
  • Nothing in this clause limits liability for fraud, wilful misconduct, or a breach that the law does not allow us to limit.
  • Any claim must be notified to us in writing within 30 days of the last day of the course.
  • We hold professional indemnity and public liability insurance for our services, and can provide details on request.
15. Confidentiality
  • We treat participant details, assessment results and your commercial information as confidential, and do not share it with anyone else without your consent, unless the law or a regulator requires us to.
  • Attendance and assessment records identify individual participants. Both parties are responsible for handling that information in line with the Privacy Act 1988 (Cth) and, where it applies, the GDPR.
  • We may keep attendance and assessment records for our own files and for course accreditation, and may use de-identified results for general industry reporting.
16. Not soliciting our people
  • During an engagement, and for 12 months after it ends, you will not try to hire or engage, directly or indirectly, any officer, employee, contractor or associate of Oceania Horizon who worked on that engagement, without our prior written consent.
17. Dispute resolution and notices
  • We will first try to resolve any dispute by negotiating in good faith.
  • If a dispute is not resolved within 28 days, we will appoint a mediator approved by the Queensland Law Society and make at least one genuine attempt at mediation within 56 days of the dispute arising, before starting any court proceedings.
  • A notice is effective when handed to an officer of the other party, two business days after posting to its registered office, or on the same business day it is emailed during business hours (or the next business day if sent outside those hours).
18. Governing law and jurisdiction
  • These terms are governed by the laws of Queensland, Australia.
  • Both parties submit to the non-exclusive jurisdiction of the courts of Queensland and any court that hears appeals from them.
  • If a law that applies to you cannot be excluded by agreement, nothing in these terms overrides it.
19. General
  • If any part of these terms is unlawful, void or unenforceable, it is removed and the rest continues in full force.
  • These terms can only be changed in writing, signed by both parties.
  • Nothing in these terms creates a partnership, joint venture, agency, fiduciary or employment relationship between the parties.
  • Clauses that by their nature apply after the engagement ends continue in force, including liability, confidentiality, non-solicitation and intellectual property.
  • These terms are published on our website and made available to you before booking, which satisfies any requirement under law to bring our standard terms to your attention.
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