NZIPP NEWBORN PHOTOGRAPHY SAFETY CERTIFICATE

NZIPP are very pleased to introduce the certificate in Newborn Photography Safety. Information has been developed by NZIPP Newborn Photographers to help improve the standard of safety and educate in vital knowledge required in newborn photography. Each participant will receive some information on newborn and personal photography safety, and must complete an assessment following.

The assessment is complex and requires creation of a register, creation of forms, providing links, a virtual tour, pullback images of your session and answering questions. Those who complete the assessment will have truly shown their dedication and skills in Newborn Photography Safety. This is not an assessment based on your photography level but you will need to put some thought and time into your assessment. Anyone, regardless of your level of photography, or country of residence can complete the certificate.

Participants who pass the assessment will receive a digital logo for use on their images and a digital certificate that can be displayed to your clients.

The assessment is valid for a two year period and must be re-submitted to maintain use of the logo and certificate.

NZIPP Accredited Professional Photographers will be listed on the NZIPP website as current certificate holders in Newborn Photography Safety.

NZIPP NEWBORN SAFETY TERMS & CONDITIONS

1 AGREEMENT

(1.a) NZIPP offers the Newborn Safety Certificate online course (referred to as the “Course”), subject to these Terms and Conditions (“Terms”).

(1.b) By clicking “I Accept”, you agree to be bound by all of these Terms.  If you do not agree to these Terms, you are not authorised to participate in the Course and must not access or use the Course Materials.

(1.c) You acknowledge that you will be solely responsible for ensuring compliance with these Terms and any associated laws relating to your photography practice. Such compliance will not be the responsibility of NZIPP.

(1.d) You acknowledge and agree that you shall not, whether directly or indirectly, do anything which will or might lead you to defeat the provisions or intent of these Terms.

 

2 NO ENDORSEMENT, ACCREDITATION OR MEMBERSHIP

You acknowledge that the NZIPP Newborn Safety Certificate is a representation of your completion of the Course only, and is not an endorsement or accreditation from, or membership with, NZIPP.

 

3 FEES

NZIPP’s fees for the Course are as set from time to time and recorded on our website and in the Course Materials.  Unless otherwise stated, all fees are in New Zealand (NZD) dollars and exclude GST.  Fees are payable at the time of online registration. Fees are not refundable in any circumstances except as provided in these Terms.

 

4 CANCELLATION AND POSTPONEMENT

NZIPP reserves the right to cancel or postpone your participation in the Course at any time prior to commencement. In the event that NZIPP cancels your participation in the Course and postponement is unable to be arranged, NZIPP will refund you the Course fee. 

 

5 INTELLECTUAL PROPERTY RIGHTS 

(1.a) All Intellectual Property Rights in the Course and the Course Materials (including text, photographs, graphics, logos, and icons) are owned or licensed by NZIPP.

(1.b) Except as expressly authorised by these Terms, you must not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Course or Course Materials, or commercialise or distribute any information obtained from any part of the Course of Course Materials without our prior written permission.  

(1.c) You must not be directly or indirectly involved (whether as an employee, shareholder, director, independent contractor, agent, consultant, partner, or in any other capacity) in any business, organisation or venture which offers newborn photography advice or otherwise competes with the Course, in any location worldwide, from the time you subscribe for the Course until 12 months after completing the Course.

 

6 USE OF NZIPP LOGO

(1.a) Use of the NZIPP Logo by you is only permitted upon completion of the Course and upon receipt of your Newborn Photography Safety Certificate from NZIPP. Use of the Logo by you must be for the purposes intended by the Course, in the course of business only and for a time period of 2 years.

(1.b) Continued use of the Logo after 2 years is not permitted unless you successfully complete the NZIPP Newborn Safety Certificate refresher course and pay the bi-annual resubmission fee.

(1.c) At our discretion, NZIPP reserves the right to terminate your use of the Logo at any time if we deem that use to be improper, inappropriate or contrary to these Terms.

 

7 PRIVACY ACT 1993 AND PERSONAL INFORMATION 

(1.a) NZIPP undertakes to hold your personal information securely and will not pass any personal information on to any other third party unless demanded and required under the laws of New Zealand. You may access and correct any personal information we hold for you.

(1.b) Notwithstanding subclause (a), you agree that we may use your contact details to inform you from time to time about future events, courses and other activities of NZIPP and our commercial partners which may be of relevance to you.

 

8 EXCLUSION OF CONSUMER GUARANTEES ACT 1993

You acknowledge that you are participating in the Course for business purposes only, and that the Consumer Guarantees Act 1993 (New Zealand) shall not apply.

 

9 CONFIDENTIALITY

(1.a) You acknowledge and agree that the content and information disclosed in the Course and the Course Materials (together, the “NZIPP Content”) is, and will remain, confidential to NZIPP.

(1.b) You must not disclose the NZIPP Content to any other person, nor use the NZIPP Content for any purpose other than your own photography business. 

 

10 EXCLUSION AND LIMITATION OF LIABILITY

(1.a) To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.

(1.b) Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included.

(1.c) In all cases, for all damages, losses, costs and expenses under any cause of action, whether in contract, tort (including negligence) or otherwise, our liability to you and your remedy (if not excluded by these Terms) will be limited to either offering the Course to you again or a refund of the amount paid for the Course (at our discretion).

 

11 INDEMNITY

You agree to release, indemnify and keep NZIPP, its officers, subsidiaries, affiliates, successors, assigns, agents, service providers, suppliers and employees indemnified from and against all actions, claims, costs, losses, proceedings, damages, liabilities, injuries or demands suffered or incurred to any person arising out of or in connection with your failure to comply with these Terms.

 

12 DISCLAIMER

(1.a) All information provided by us in relation to the Course is provided in good faith.  We derive our information from sources which we believe to be accurate as at the date of publication and we reserve the right to update this information at any time. You accept that any information provided by us is general information and is not in the nature of medical or legal advice and will not be relied on as such. 

(1.b) We do not accept responsibility for any loss or damage, however caused (including negligence), which you may directly or indirectly suffer in connection with your participation in the Course

 

13 GOVERNING LAW

The laws of New Zealand, excluding Subpart 7 (Sections 202-206) of the Contract and Commercial Law Act 2017, apply to these Terms and your participation in the Course. You agree to submit to the non-exclusive jurisdiction of the New Zealand Courts. 

 

14 DISPUTE RESOLUTION

(1.a) Any dispute between the Parties arising in relation to these Terms will be resolved in good faith in the form of arbitration in New Zealand, in accordance with New Zealand law. Arbitration shall be held in Auckland, New Zealand, in accordance with the following procedures and the Arbitration Act 1996 (New Zealand).

(1.b) Any party may refer a dispute to arbitration by giving notice to the other party that it seeks a matter in dispute to be referred to arbitration. The notice shall set out the matter in dispute in sufficient detail to enable to other party to be adequately informed as to the nature of the dispute.

(1.c) Any dispute shall be heard by a single arbitrator, which shall be appointed by the Parties (if they can agree on a single arbitrator) or be appointed by the President for the time being of the New Zealand Law Society (“President”), if the Parties cannot agree on a single arbitrator. Any arbitrator appointed shall act as an expert and have skills in law and intellectual property.

(1.d) Any determination of the arbitrator will be final and binding on the Parties and shall not be reviewable in any Court of law except to the extent that it may involve an error of law. The terms of appointment of the arbitrator shall, if the Parties fail to agree, be fixed by the President.

(1.e) The arbitrator may in addition to the powers prescribed by the Arbitration Act 1996, appoint an expert to investigate and report to the arbitrator on any matter requiring decision. Any arbitral award can be enforced in territories other than New Zealand. The arbitrator may, at their discretion, determine and award the costs of the dispute. Unless the decision of the arbitration contains an award of costs the Parties shall bear all the costs of the arbitration equally. Unless otherwise stated, any order for costs or monetary arbitral award shall be in New Zealand (NZD) dollars.  

 

15 SEVERABILITY

If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.

 

16 DEFINITIONS

In these terms and conditions:

“Course” means the definition ascribed in 1(a).

“Intellectual Property Rights” means any patents, copyright, designs, trademarks, and other right granted by the operation of law which confers protection on any written or artistic work created by intellectual effort and all associated intangible assets created as a by-product (including market position, brands, trade names, product/event/course names, know-how, methods, concepts, ideas).

“Logo” means the NZIPP Newborn Safety Certificate logo.

“Parties” means you and us.

“Terms” means these NZIPP Newborn Safety Certificate terms.

“we”, “us”, “our”, “NZIPP” means the New Zealand Institute of Professional Photography.

“you”, “your”, “yours” means the attendee undertaking the Course.

NZIPP COPYRIGHT NOTICE

© 2019 New Zealand Institute of Professional Photography Inc.  All rights reserved. 

NZIPP makes various information and works (including but not limited to text, photos and images, collectively referred to as the “Content”) available in this publication.

No part of this publication may be downloaded, reproduced or retransmitted in any way, or by any means, without prior written permission from NZIPP.

The Content is protected by copyright and other intellectual property laws within New Zealand and internationally, including all rights conferred under statute, common law and equity in and in relation to trademarks, confidential information and copyright and any other right granted by operation of law which confers protection on any written, artistic or other work created by intellectual effort and all associated intangible assets created as a by-product in relation to any work, collectively referred to as the “Intellectual Property Rights”.

Ownership of all Intellectual Property Rights in this publication and any related course materials provided by NZIPP shall remain at all times with NZIPP.  

Any infringement of these terms constitutes a civil and criminal offence for which damages and penalties apply.