1. Preamble
1.1 The beforeUdig Certified Locator program is operated by PelicanCorp (NZ) Limited (PelicanCorp), owners of the beforeUdig service in New Zealand. The programme is under license from DBYD Certification Ltd ABN: 88 617 374 946 (DCL).
2. Definitions
2.1 In these Terms, unless otherwise provided, the following words have the following meanings:
Agreement means any agreement for the provision of the Program by PelicanCorp to the Candidate;
Candidate means you, the individual person who has registered for enrolment and participation in the Program;
Certified Locator refers to a Candidate who has successfully demonstrated the threshold competency requirements prescribed for recognition as a Certified Locator in the Program;
Fee means the fees and charges payable by the Candidate to PelicanCorp from time to time, as set in relation to the Candidate's enrolment and participation in each of the various components of the Program. The relevant Fee will be set by PelicanCorp from time to time and displayed on the Website at the time of the Candidate's enrolment into the Program;
GST means the goods and services tax within the meaning of the Goods & Services Tax Act 1985 as amended;
Program means the beforeUdig Certified Locator Competency Assessment Program for Candidates;
services means the services supplied by PelicanCorp to the Candidate in relation to the Program;
Terms means these terms and conditions for enrolment as a Candidate and participation in the Program;
Website means the website established for and related to the provision and operation of the Program, located at www.beforeudig.com/locator
3. Basis of Agreement
3.1 Unless otherwise agreed by PelicanCorp in writing, the Terms apply exclusively to every Agreement and cannot be varied or replaced by any other terms.
3.2 An Agreement is accepted by PelicanCorp when PelicanCorp accepts, in writing or electronic means, a registration request from the Candidate to enrol and participate in the Program.
3.3 PelicanCorp may refuse to accept any Candidate's registration and enrolment request in its sole discretion.
3.4 PelicanCorp reserves the right to record, via video and/or audio, assessment sessions for recording and quality assurance purposes and to provide feedback support to the Candidate.
3.5 The Candidate's enrolment and participation in the Program is not transferable. By accepting these Terms, the Candidate warrants that it is the person enrolling and participating in, and seeking to complete, the Program.
4. PelicanCorp obligations
4.1 Subject to these Terms, PelicanCorp agrees to:
4.2 By registering and seeking to enrol in the Program, the Candidate accepts the following terms and conditions.
5. Candidate obligation
5.1 The Candidate:
6. Program Fee & Terms of Payment
6.1 PelicanCorp will charge the Candidate the Fee.
6.2 The Fee charged for the Candidate's enrolment and participation in the Program is exclusive of GST, which is additionally to be paid by the Candidate.
6.3 Payment of the Fee is due immediately upon the Candidate's registration for enrolment and participation in each component of the Program.
6.4 The Candidate is responsible to provide and pay for any and all hardware, software and any equipment required to enable the Candidate to enrol and participate in the Program, and for all of the Candidate's own fees and costs associated with undertaking the Program. This includes but is not limited to the Candidate supplying its own equipment as described in the Self Assessment section of the Program.
6.5 Subject to clause 6.6, PelicanCorp reserves the right to increase the Fee for enrolment and participation in the Program (in whole or in part), at any time in its sole discretion.
6.6 Notwithstanding clause 6.5, the Candidate will be granted a period of three (3) months from the date on which PelicanCorp notifies the Candidate of the future Fee increase to complete the Program with the current Fee applied. The Candidate otherwise agrees to be subject to the effects of the Fee increase and agrees to pay PelicanCorp any outstanding Fee component owing as a result of the Fee increase.
6.7 If a Candidate fails to pay any part of the Fee for their enrolment and participation in the Program, PelicanCorp reserves the right to:
7. Timeframes
7.1 The Candidate must:
7.2 If the Candidate fails to satisfy the above timelines, it will be considered to have abandoned or failed the Program.
7.3 If a Candidate repeatedly does not respond to reasonable attempts by PelicanCorp to contact it, the Candidate will be deemed to have withdrawn from or abandoned the Program.
7.4 Requests for any full or partial refund of the Fee paid by the Candidate will be handled in accordance with PelicanCorp’s policy as set out in these Terms.
8. Cancellations and Refund Notifications
Notification of withdrawal, cancellation and/or requests for refunds must be made by the Candidate in writing to PelicanCorp at www.beforeudig.com/locator/contact-us. The Candidate may alternatively call PelicanCorp on 0800 248 344 to discuss the Candidate's options.
9. Cancellation
9.1 If the Candidate elects to cancel the practical assessment component of the Program after it has been booked in and confirmed by PelicanCorp, a re-assessment fee of $595 (excluding GST) will apply. If a replacement can be arranged and booked in, the re-assessment fee will be waived and an administration fee of $195 (excluding GST) will apply instead.
10. Non-Attendance (No Show)
10.1 If the Candidate fails to attend an assessment for whatever reason, the Fees will not be refunded or allocated to another assessment and a re-assessment fee of $595 (excluding GST) will apply.
11. Substitutions
11.1 Requests for substitutions are to be made in writing to www.beforeudig.com/locator/contact-us or by calling PelicanCorp on 0800 248 344.
11.2 All requests must be made up to 48 hours prior to the practical assessment. PelicanCorp reserves the right to refuse any request for substitution made within 48 hours of the practical assessment.
12. Refunds
12.1 The Candidate:
13. Abandonment
13.1 No refunds of the Fee will be made for abandonment of the Program.
14. Failure
14.1 No refunds of the Fee will be made where a Candidate has completed the Program but has failed to successfully demonstrate all of the threshold competency requirements prescribed in the Program.
15. Applying for a Refund
15.1 To apply for a refund, a written claim must be submitted via www.beforeudig.com/locator/contact-us.
15.2 An application for a refund will be processed within 4 weeks after a claim has been received by PelicanCorp from the Candidate. Refunds are assessed on a case by case basis.
15.3 Where a Fee refund is due to a Candidate, such a refund will be provided within 30 days of refund approval.
15.4 Refunds will only be refunded to the person who entered into the Agreement with PelicanCorp and will not be provided to a third party.
15.5 All refunds will be paid electronically; no refunds will be made in cash.
16. Certificate of Completion
16.1 PelicanCorp will supply the Candidate with a Certificate of Completion of the Program only in circumstances where the Candidate:
16.2 The Certificate of Completion confirms that, on the date specified in the Certificate of Completion, the Candidate successfully demonstrated to PelicanCorp the level of theoretical and practical knowledge and competency required to enable the Candidate to be recognised as a Certified Locator by PelicanCorp under the Program.
16.3 The Candidate acknowledges and agrees that:
17. Changes To The Program
17.1 Any period or date for delivery of the Program, or any component of it, stated by PelicanCorp is an estimate only and not a contractual commitment. PelicanCorp will use its reasonable endeavours to meet any estimated dates for delivery of the Program but will not be liable for any loss or damage suffered by the Candidate or any third party for failure to meet any estimated date.
17.2 PelicanCorp reserves the right to:
(a) change, cancel or postpone the dates on which the various components of the Program will be conducted;
(b) change the assessors assigned to conducting the competence assessments; and
(c) modify, cancel or limit the Program and/or its content, and the Candidate's access to it, in accordance with PelicanCorp's reasonable business requirements
17.3 PelicanCorp will notify the Candidate of any such changes, cancellation or postponement and will use reasonable endeavours to place the Candidate in any alternative dates suitably available for the resumption of the Program.
18. Indemnification/Liability
18.1 Except as the Terms specifically state, or as contained in any express warranty provided in relation to the provision of the Program, this Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, design or performance of the Program or its content, or any contractual remedy for their failure.
18.2 If, and to the extent that, the Program is being supplied and acquired in trade, then the provisions of the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply and the parties agree that it is fair and reasonable for the parties to be bound by this clause.
18.3 If clause 18.2 does not apply, then other than as stated in the Terms or any written warranty statement PelicanCorp is not liable to the Candidate or any third party in any way arising under or in connection with the Candidate's enrolment in, participation in, cancellation of, abandonment of, withdrawal from, completion of, or non-completion of the Program.
18.4 PelicanCorp is not liable for any indirect or consequential losses or expenses suffered by the Candidate or any third party, howsoever caused, including but not limited to loss of turnover, profits, business, assets or goodwill, or any liability to any other party.
18.5 PelicanCorp excludes to the maximum extent permitted by law, and any and all liability that may arise to the Candidate or any third party, as a result of the operation of the Candidate's own business and/or the provision of asset locating services offered by the Candidate to customers.
18.6 The Candidate acknowledges and agrees that:
18.7 Nothing in the Terms is to be interpreted as excluding, restricting or modifying the application of any legislation relevantly applicable to the supply of goods or services which cannot be so excluded, restricted or modified.
19. Modification Of Terms And Conditions
19.1 PelicanCorp reserves the right to update and change these Terms from time to time upon providing notice to the Candidate.
19.2 The Candidate's enrolment and participation in the Program shall be subject to these Terms as updated and changed from time to time and in force at the time of the Candidate's enrolment or re-enrolment, as appropriate, in any component of the Program.
20. Copyright
20.1 All content on the Website and in the Program is copyright © PelicanCorp (NZ) Limited, Dial Before You Dig (Qld) Ltd and/or DBYD Certification Ltd unless otherwise stated. This includes, but is not limited to: all text, images, graphics, visual presentations and any Program-related files.
20.2 Material from the Website and the Program cannot be copied, reproduced or distributed in any form without prior written consent from the relevant owner.
20.3 All material provided and presented during the Program is for the sole use of the Candidate, and only for the purposes of the Candidate successfully demonstrating or attempting to successfully demonstrate the threshold competency requirements prescribed in the Program.
21. Warranty
21.1 To the extent permitted by law, no warranties or guarantees (whether express or implied) are made in relation to any of the Program information and material including as to its accuracy, currency, completeness or suitability.
21.2 By using any of the Program information and material provided, the Candidate accepts to the extent permitted by law all liability for its actions.
22. Force Majeure
22.1 Neither PelicanCorp nor the Candidate are liable in any way howsoever arising under this Agreement to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war.
22.2 If an event of force majeure occurs, PelicanCorp or the Candidate (as applicable) may suspend or terminate the Agreement by written notice to the other party.
22.3 This right does not extend to any obligation to pay money.
23. Miscellaneous
23.1 The laws of New Zealand from time to time govern these Terms. The parties agree to the non-exclusive jurisdiction of the courts of New Zealand, and of courts entitled to hear appeals from those Courts, in respect of all matters arising under these Terms.
23.2 PelicanCorp’s failure to enforce any of these Terms shall not be construed as a waiver of any of PelicanCorp’s rights.
23.3 If a clause of this Agreement (or part of it) is unenforceable it must be read down to the extent required for it to be enforceable or, if it cannot be read down, the clause (or part of it) must be severed from the clause, without affecting the enforceability of the remaining Terms.
24. Privacy Notification Statement
24.1 PelicanCorp is required to collect the Candidate's personal information for the purposes of enabling the Candidate's registration, enrolment and participation in the Program, delivery of the Program content and, upon successful completion of the Program, displaying the Candidate's name and contact details as a Certified Locator on the Website.
24.2 PelicanCorp's Privacy Policy details why it collects the Candidate's personal information, who PelicanCorp may disclose it to (including whether PelicanCorp is likely to disclose it to overseas recipients), and the main consequences (if any) if PelicanCorp does not collect the Candidate's personal information. PelicanCorp's Privacy Policy also contains information about how the Candidate may seek access to, or correction of, the personal information held about it, and PelicanCorp's complaint resolution procedures. PelicanCorp's Privacy Policy is available at https://www.beforeudig.com/locator/privacy-policy, or by request to PelicanCorp.
Last updated: September 2019
Aaron Harding
Company: Underground Service Locators
Website: https://www.undergroundlocators.co.nz/
Email:
Contact Number: 0800 425 622
Area: Manawatu & Nationwide
Arthur Caringal
Company: Chaytor Locate Ltd
Website: http://www.chaytorco.co.nz/
Email:
Contact Number: 0800 329 850
Area: Bay of Plenty and Waikato
Ben Giles
Company: Utility Scan
Address: Unit 4, 1B Sunley Street, Westown, New Plymouth 4310
Website: www.utilityscan.co.nz
E-mail:
Contact Number: 0800310031 / 067583100 / 0278845500
Bill Gyde
Company: Accurate Instruments
Address: 192 Marua Road, Mt Wellington, Auckland 1051
Website: www.accurate.kiwi/ www.safety.kiwi/
E-mail:
Contact Number: 0800 500 380 / 03 265 0632
Area: Nationwide
Byron Humphreys
Company: Locate Services NZ
Website: www.locateservices.co.nz
Email:
Contact Number: 0800 872 2348
Area: Nationwide
Caleb-John Shanly
Company: Ground Scan NZ
Address: 188 Bellevue Road, Matangi 3284
Website: www.groundscannz.co.nz
Email:
Contact Number: 0800 562 287 / 0800 LOCATR
Area: Waikato, Auckland, Bay of Plenty, Thames-Coromandel, Taupo
Chris Scott Aiton
Company: Locaters
Website: www.locaters.co.nz
Email:
Contact Number: 021 346 811
Area: Auckland
Damon Strong
Company: Sub-Surface Detection
Address: PO Box 72 095, Papakura 2244 Auckland
Website: www.subsurfacedetection.co.nz
Email:
Contact Number: 0800 500 330
Dave Edmonds
Company: Underground Service Locators
Website: https://www.undergroundlocators.co.nz/
Email:
Contact Number: 0800 425 622
Area: Taranaki & Nationwide
Dylan Oxborough
Company: Underground Service Locators
Website: https://www.undergroundlocators.co.nz/
Email:
Contact Number: 0800 425 622
Area: Auckland
Enban Naicker
Company: Underground Service Locators
Website: https://www.undergroundlocators.co.nz/
Email:
Contact Number: 0800 425 622
Area: Auckland & Nationwide
Gaylord Luna
Company: Chaytor Locate Ltd
Website: http://www.chaytorco.co.nz/
Email:
Contact Number: 0800 329 850
Area: Bay of Plenty and Waikato
Heta Wills
Company: Underground Service Locators
Website: https://www.undergroundlocators.co.nz/
Email:
Contact Number: 0800 425 622
Area: Auckland & Nationwide
John Ona
Company: Sub Surface Detection
Address: PO Box 72 095, Papakura 2244 Auckland
Website: www.subsurfacedetection.co.nz
Email:
Contact Number: 0800 500 330
Justin Bell
Company: Sub Surface Detection
Address: PO Box 72 095, Papakura 2244 Auckland
Website: www.subsurfacedetection.co.nz
Email:
Contact Number: 0800 500 330
Kevin Treadaway
Company: Sub Surface Detection
Address: PO Box 72 095, Papakura 2244 Auckland
Website: www.subsurfacedetection.co.nz
Email:
Contact Number: 0800 500 330
Lloyd Mclean
Company: Locate Services NZ
Website: www.locateservices.co.nz
Email:
Contact Number: 0800 872 2348
Area: Nationwide
Luke Brownlee
Company: Aerialsmiths
Website: www.aerialsmiths.co.nz
Email:
Contact Number: 021 739 637
Area: Auckland
Mark Cobb
Company: Sub Surface Detection
Address: PO Box 72 095, Papakura 2244 Auckland
Website: www.subsurfacedetection.co.nz
Email:
Contact Number: 0800 500 330
Matt Brok
Company: Utility Scan
Website: www.utilityscan.co.nz
Email:
Contact Number: 0800 310 031 / 06 758 3100 / 027 884 5500
Area: North Island
Matt Craig
Company: Underground Service Locators
Website: https://www.undergroundlocators.co.nz/
Email:
Contact Number: 0800 425 622
Area: Auckland & Nationwide
Matt Cresswell
Company: ULS Utility Locators
Address: PO Box 35907, Auckland Post Shop 0730
Website: www.uls.nz
Email:
Contact Number: +64 21 800 632
Area: Auckland
Mike Brackenridge
Company: Ground Scan NZ
Address: 188 Bellevue Road, Matangi 3284
Website: www.groundscannz.co.nz
Email:
Contact Number: 0800 562 287 / 0800 LOCATR
Area: Waikato, Auckland, Bay of Plenty, Thames-Coromandel, Taupo
Nick Kiely
Company: Locate Services NZ
Website: www.locateservices.co.nz
Email:
Contact Number: 0800 872 2348
Area: Nationwide
Paul Oellermann
Company: Bay Locate LTD
Address: 6 Eagle Street, Tauranga
Website: www.baylocate.co.nz
Email:
Contact Number: +64 27 296 7754
Area: Bay of Plenty, Thames-Coromandel, Waikato, Taupo, Gisborne and Hawkes Bay
Paul Rodgers
Company: ULS Utility Locators (Auckland)
Address: PO Box 35907, Auckland Post Shop 0730
Website: www.uls.nz
Email:
Contact Number: +64 21 276 5095
Raymond Cawston
Company: Underground Service Locators
Website: https://www.undergroundlocators.co.nz/
Email:
Contact Number: 0800 425 622
Area: Taranaki & Nationwide
Richard Wooding
Company: Underground Service Locators
Website: https://www.undergroundlocators.co.nz/
Email:
Contact Number: 0800 425 622
Area: Wellington & Nationwide
Richard Xu
Email:
Contact Number: 021 106 1034
Area: Auckland
Ricky Butson
Company: Locate Services NZ
Website: https://www.locateservices.co.nz
E-mail:
Contact Number: 0800 872 2348
Area: Canterbury & Nationwide
Rob Marshall-Lee
Company: Locate Services NZ
Website: www.locateservices.co.nz
E-mail:
Contact Number: 0800 872 2348
Area: Canterbury & Nationwide
Ronny Taniela
Company: Sub Surface Detection
Address: PO Box 72 095, Papakura 2244 Auckland
Website: www.subsurfacedetection.co.nz
Email:
Contact Number: 0800 500 330
Rudo Stander
Company: Locator Man Limited
Website: www.locatorman.co.nz/
Email:
Contact Number: 021 044 5149
Area: Auckland, Waikato & Northland
Shayne Goodwin
Company: Underground Service Locators
Website: https://www.undergroundlocators.co.nz/
Email:
Contact Number: 0800 425 622
Area: Auckland & Nationwide
Shyam Mohan
Company: Sub Surface Detection
Address: PO Box 72 095, Papakura 2244 Auckland
Website: www.subsurfacedetection.co.nz
Email:
Contact Number: 0800 500 330
Steve Walker
Company: Utility Scan
Address: Unit 4, 1B Sunley Street, Westown, New Plymouth 4310
Website: www.utilityscan.co.nz
E-mail:
Contact Number: 0800310031 / 067583100 / 0278845500
Steve Welch
Company: Bay Locate LTDA
Address: 6 Eagle Street, Tauranga
E-mail:
Contact Number: 022 111 8022
Area: Bay of Plenty, Thames-Coromandel, Waikato, Taupo, Gisborne and Hawkes Bay
Steve Worthington
Company: Underground Service Locators
Website: https://www.undergroundlocators.co.nz/
Email:
Contact Number: 0800 425 622
Area: North Island
Tamati Blundell
Company: Underground Service Locators
Website: https://www.undergroundlocators.co.nz/
Email:
Contact Number: 0800 425 622
Area: Auckland & Nationwide
Tim Johns
Company: Locator Guys
Website: www.locatorguys.co.nz
Email:
Contact Number: 034218606 / 021822700
Area: South Island
Whanui Skipper
Company: Sub Surface Detection
Address: PO Box 72 095, Papakura 2244 Auckland
Website: www.subsurfacedetection.co.nz
Email:
Contact Number: 0800 500 330
Yural Vollenhoven
Company: Underground Service Locators
Website: https://www.undergroundlocators.co.nz/
Email:
Contact Number: 0800 425 622
Area: Auckland & Nationwide