Terms & Conditions

1. General

1.1. Definitions:

1.1.1. “EMA” or “Association” means the Employers’ and Manufacturers’ Association (Northern) Inc

1.1.2. “Organisation” - A organisation/company is a legal entity in its own right separate from its shareholders and continues in existence until it is removed from the New Zealand register. This can also include trusts, charities, sole-traders, partnerships, government departments.

1.1.3. “Customer” – Any person purchasing as an employee of a member or Non-Member Organisation.

1.1.4. “Member” – An Organisation with a valid member status

1.1.5. “Non-Member” – An Organisation without a valid member status

1.1.6. “Events” includes all Learning in-person and digital/Live Online formats including, but not limited to Conferences, Courses, Training, Events, Briefings, Forums, Webinars etc.

1.1.7. “Major Events” – Any Event that EMA tags as a Major Event on it’s Primary digital points of sale.

1.1.8. “eLearn” – this is a digital learning course or asset

1.1.9. “Learner(s)” / “Attendees” – This is someone who registers themself or is registered by a Payer including for eLearning or Events.

1.1.10. “Registration(s)” – A person who is booked to attend an Event or consume an eLearn module.

1.1.11. “No Show(s)” – A registered person on an Event who does not attend

1.1.12. “Walk ups” – A person who turns up on the day of an event and has not previously registered.

1.1.13. “Payer” (Previously known as Booked by) - This is the person who places the order for an event, product, or resource.

1.1.14. “EMA Platforms” – Any platform managed or owned by EMA in the delivery of its products or services. These may include third party platforms.

1.1.15. “Payment Gateway” – a network through which customers can transfer funds to a Seller.

1.1.16. “GST” means goods and services tax payable under the Goods and Services Tax Act 1985.

1.1.17. “Site” - This indicates the EMA’s website or EMA Digital Platforms.

2. Charges, Credit Card Payments, Invoices and Payment Terms:

2.1. All prices expressed through EMA Platforms are listed as GST (Goods and Services Tax) exclusive unless ‘otherwise’ status. EMA’s platforms will automatically charge NZ (New Zealand) GST on all transactions. If for some reason you believe you are not required to be charged GST, please contact EMA on accounts@ema.co.nz.

2.2. Credit card payment is available online in real time. You will be informed immediately if your credit card is declined. If declined, you may check the accuracy of the credit card number and expiration date or choose a different card to try. Your registration or booking will be submitted immediately for activation once you have completed your online payment. Your credit card details will not be retained by EMA after the transaction other than by the Payment Gateway for refund purposes. The full information will not be visible to EMA or its staff, other than minimum data as required for the systems to operate.

2.3. Invoices will be issued promptly upon booking or purchase. Payment is required within 7 days of the date of the invoice.

2.4. Overdue payments may attract a penalty charge as outlined in the invoice or as permitted by New Zealand Law.

2.5. For attendees / Walk ups who register or “walk up on the day” of the course/event, payment is required immediately upon registration and prior to admittance.

2.6. Invoices will be issued electronically via email including any credit notes for changes to registrations or orders including cancellations. Invoices will be issued at time of purchase or up to 7 days from placing of the order.

2.7. Payment is required 7 days from placement of order.

3. Cancellation, Transfer, and Refund Policy

3.1. Cancellation and Transfer:

3.1.1. The Customer may terminate the services/registrations by providing written notice if they are no longer required Events, but we require a notice period of 14 days for training courses, conferences, and events.

3.1.2. Cancellation Fees: If you cancel your registration, please refer to the cancellation fees outlined in clause 3.2.

3.1.3. Transfer of Date: You may request to transfer your registration to a different date or session for training courses, events, and conferences within the specified notice period without incurring any additional charges if more than 7 days from the date of the event. Where this is within 7 days, a transfer charge may apply. Only one transfer is available per person per registration.

3.1.4. Transfer to Another Person: You may arrange for another person to attend in your place for Events within the specified notice period without incurring any additional charges. Please note this can be done up until 24 hours prior.

3.1.5. If a registered attendee does not attend (No Show) or dial in to a registered event including whether these are paid or free of charge Events, they will not be entitled to a refund, cancellation, or transfer. In this case where an invoice remains unpaid, this invoice will still be required to be paid and will be subject to debt recovery processes and penalties.

3.2. Cancellation Fees:

3.2.1. Cancellation of Events with More Than 14 days' Notice: If you cancel your registration with more than 14 days' notice before the event, a cancellation fee of 20% of the registration fee will apply.

3.2.2. Cancellation of Events within 14 days' Notice: If you cancel your registration within 14 days of the event, the cancellation fee will be 100% of the registration fee, and no refund will be issued.

3.3. Refunds:

3.3.1. All refunds will be processed within 7 – 14 days. EMA will endeavour to process refunds at its earliest possible convenience. If EMA is able to provide refunds earlier where these have been approved and agreed, then it will do so, but this is not an obligation to adhere to these timelines moving forward.

3.3.2. Refund Bank Deposit

3.3.2.1. Where payment is requested by Invoice and a bank deposit is made by the Customer. EMA must have received and receipted these funds prior to initiating a refund request. If you have any queries, please contact EMA at accounts@ema.co.nz

3.3.3. By Credit Card

3.3.3.1. Where payment is requested by Credit Card and received by EMA's nominated “Payment Gateway”. EMA must have received and receipted these refunds prior to initiating a refund request. If you have any queries, please contact EMA at accounts@ema.co.nz

4. eLearning Purchasing:

4.1. All eLearning courses purchased are considered consumed at the point of purchase. No refunds will be allowed for eLearning courses, except as required by NZ Law under the Consumer Guarantees Act.

4.2. eLearning courses are priced at a per person rate and can be purchased accordingly. (e.g., one person, one eLearning course title purchased; 4 people, 4 eLearning course titles purchased even if it is the same course title being enrolled in).

4.3. If an eLearning course is purchased, it is the Payer/Learner’s responsibility to access EMA’s Learning Management Platform and begin this course as this is self-directed learning. EMA takes no responsibility for non-completion by the Learner.

5. Resource Purchasing:

5.1. All Resource Purchases are considered consumed at the point of purchase. No refunds will be allowed for Resource purchases, except as required by NZ Law under the Consumer Guarantees Act.

5.2. Resources are priced at a per Organisation rate and can be purchased accordingly.

6. Late Payment and Penalty:

6.1. If any amount falls overdue for payment under any invoice relating to Events provided by EMA to a Customer, the overdue amount will (without prejudice to any other right or remedy under the membership terms) bear default interest from the date on which payment of that amount falls overdue until the date on which payment of the overdue amount is made in full. Default interest will accrue and be calculated on a weekly basis at the rate of three percent (3%) per annum compounded monthly. If a Member or Non-Member disputes any part of an invoice, the member must pay the amount not in dispute by the due date or be subject to such late fee penalty. EMA also reserves the right to withhold services from a member while there are any outstanding fees, penalties and interest.

7. Marketing preferences and subscriptions:

7.1. At the time of individual account creation, the User and Payer acknowledges that a profile and login has been created for them to be able to access the EMA’s marketing and communications Categories/Interests and as such that user will be linked to the nominated Organisation at point of registration

7.2. At the time of registration, the Payer acknowledges that they will be sent communications relating to the transaction and attendance of EMA Events or eLearning and will also be opted into marketing preferences chosen at account creation.

7.3. When registering other people for any EMA Events or eLearning, the Payer acknowledges they are submitting information on behalf of those being registered. As such, they also acknowledge they are signing up additional attendees to be contacted for distribution of event related comms and to be offered the chance to sign up for a full EMA account. Where the registration is for eLearn / Digital Learning, an account is required to access the eLearn product.

7.4. To unsubscribe from EMA Marketing communications, please access your MyEMA profile and update the relevant interests/categories as suits your needs. You may also unsubscribe from marketing emails at any time at the base of the marketing emails. EMA will continue sending any communications required to fulfill the requested and paid for service as requested by the Payer/customer.

7.5. Deletion of data:

7.5.1. Individual – On request and in writing, EMA may on request from a known contact delete any Personal Identifiers. EMA will however retain any data regarding transactions to maintain systems and as required by law for auditing purposes. Proof of identity would be required to validate account deletion. You may also request to have your login deactivated, while having your records maintained by the EMA, however this will remove your access to the EMA platforms and information.

7.5.2. Organisation – As organisations do not carry Personal Information – if you are a verified director of the Organisation, you may request to have your organisational account made inactive and archived, due to being no longer active or registered.

7.6. General queries, lead generation, marketing, or customer queries via EMA’s website or Registration website including ema.co.nz and any sub-domains will be managed in-line with EMA’s Privacy Policy and the Marketing preferences and subscriptions in clause 7.

8. Accuracy Disclaimer:

8.1. EMA makes every effort to ensure that the content and documents provided are accurate and up to date. However, while EMA makes a concerted effort to update content and documents in a timely manner, there may be instances where immediate updates are not possible. Users are advised to exercise due diligence and seek professional advice when necessary.

9. Other Terms:

9.1. Disruption to business operations caused by natural disasters and any other events beyond the control of both parties, including but not limited to health restrictions mandated by the New Zealand government, may require the postponement of pre-booked learning sessions or transfer to an online learning environment.

9.2. EMA reserves the right to add, withdraw, reschedule, or substitute speakers and/or vary advertised programs, prices, event dates, and venues.

9.3. EMA also reserves the right to cancel any part of an event including where an Event should fail to attract a required minimum number of participants. In the event of cancellation, total refunds and damages are limited to the value of the paid registration.

9.4. For Major Events, there are no exchanges or refunds except as required by law.

9.5. Any materials, presentations, language, or statements made by our presenters, speakers, partners, or sponsors do not necessarily reflect the views of Employers & Manufacturers Association (Northern) Inc.

9.6. Dietary Requirements

9.6.1. EMA will endeavour to provide for dietary requirements where these are indicated to EMA more than 14 days out from the event. If at any time, despite reasonable efforts, EMA or its suppliers are not able to meet these requirements, EMA is not liable in any way including by providing compensation or a refund.

9.6.2. Please be aware that EMA and vendors will make considerations to limit or reduce cross contamination, however some traces of allergens may be found in supplied food. As such EMA cannot be held liable for any issues arising out of this.

9.7. Please note that these terms and conditions are subject to change without prior notice. It is recommended to review the most up-to-date terms and conditions on the EMA website before making any bookings or purchases.

9.8. Vouchers are not currently available for sale, but EMA holds the right to establish these at a later date.

9.9. Copyright of all materials, including but not limited to written content, images, designs, and any other intellectual property produced by the Employers and Manufacturers Association, New Zealand, remains the property of the EMA. Any unauthorised use, reproduction, or distribution of these materials without explicit written consent from the EMA is strictly prohibited.

9.10 From time to time, the EMA will offer discounted rates for its learning courses to selected businesses as part of partnership arrangements it has reached with certain organisations. Access to these discounts is based on the relevant business being eligible for this discount under that partnership arrangement. If this discount is sought and obtained, but applying businesses are subsequently found to have not been eligible, the EMA reserves the right to require immediate payment of the full non-discounted price. The EMA reserves the right to cancel this partnership at any time.

Contractual Terms of Membership

I/We hereby make application to become a member of the Employers and Manufacturers Association (Northern) Inc ("EMA ” or "Association ”) and agree to be bound by the rules of the Association and the following specific terms and conditions below.

1. The subscription payments by members are based on a return of each members total current annual salaries and wages (excluding Directors Fees, Bonuses and Commission and Redundancy payments) or for a new business the projected annual payroll.

2. The salaries and wages of employees of subsidiaries and branches or divisions of any firm are to be included in the return, except where the subsidiary branch or division is a subscribing member. A member shall remain a member until written notice of resignation signed by the member or authorised agent is delivered to the Association and payment for any outstanding subscriptions due is made.

3. Late Payment and Penalty: If any amount falls overdue for payment under any invoice relating to membership subscription fees or services provide by EMA to a member, the overdue amount will (without prejudice to any other right or remedy under the membership terms) bear default interest from the date on which payment of that amount falls overdue until the date on which payment of the overdue amount is made in full. Default interest will accrue and be calculated on a weekly basis at the rate of three percent (3%) per annum compounded monthly. If a member disputes any part of an invoice, the member must pay the amount not in dispute by the due date or be subject to such late fee penalty. EMA also reserves the right to withhold services from a member while there are any outstanding fees, penalties and interest.

4. Where a Members subscription payment is 30 days overdue EMA reserves the right to suspend access to its Membership services.

5. Where a member is paying subscription fees on a monthly basis via direct debit, at the end of each subscription period (12 months), the EMA will continue invoicing the member monthly with direct debit charges continuing unless advised by the member they wish to pay in full for a membership subscription or resign their membership. A member will provide the EMA with 30 days ’ notice of resignation of membership.

6. Membership is for a 12 month term, irrespective of payment type. Members resigning after their membership anniversary date, maybe billed for that years membership or part thereof at the Associations sole discretion.

7. The information provided by the Association is for the confidential use by the member for the business covered by the subscription as listed on the front and supplementary list of branches/subsidiaries. The member undertakes not to use or disclose the information for the benefit of other organisations.

8. Services provided by the Employers and Manufacturers Association (Northern) Inc are in relation to a members ’ business interests. All services are provided on the basis that the provisions of the Consumer Guarantees Act 1993 will not apply to the use of the Associations services in relation to members business interests, in any way.

9. From time to time, the Association will communicate with you electronically, by email, phone or by text/ sms regarding Association events, activities, opportunities, benefits of membership, surveys and the like. You agree to receive these messages as part of your membership and we will ensure that an appropriate 'optout ’ system is in place to help you manage these communications.

10. All information held on our records relating to a member is confidential and shall only be used in relation to the services provided by the Association.

11. The Association has the absolute right to decline membership and I/We understand this application is subject to approval by the Associations Board.

12. The Association has the absolute right to cancel your membership without prejudice to any other rights that it may have.

13. By becoming a member of the EMA you agree to give permission for the Association to use your organisation s logo, sign, brand, image or combination thereof to communicate to the public that you are a member of the EMA for advertising and marketing purposes.

14. On becoming a member and signing these terms, I/we further acknowledge that in doing so we are also agreeing to be bound by the terms of the Master Services Agreement set out below as Appendix 1, which provides the general terms applying to all services provided by EMA including but not limited to Consulting, Learning, Legal and People Experience. The provision of those specific services will also be subject to some additional terms contained in separate individual Terms of Engagement provided for each specific engagement.

15. I/We acknowledge that from time to time the EMA may amend its terms and conditions of membership (notice of which will be given) and the renewal of your membership will be take as consent to those amended terms and conditions.