Odonata First Aid
Terms & Conditions
We believe in transparency and high standards, just like in our training. These terms explain how we operate, the guidelines for booking and attending our courses, and what you can expect from us.
Terms & Conditions
Odonata Investment Zambia Limited First Aid Training Course Commencement and Applicability.
1. When you (“the Client”) engage Odonata Investment Zambia Limited (“Odonata”) to carry out any first aid training course (“a Course”), education exercise, demonstration or anything related to a Course (“the Services”), these Terms & Conditions apply.
2. You enter into a contractual relationship with Odonata when you confirm acceptance of the terms and in so doing, you accept these Terms & Conditions and contract with Odonata on the basis hereof.
3. Your contract with Odonata consists of and is entirely and exclusively embodied by the following documents:
- These Terms & Conditions
- Invoice/fee sheet
- Client specific Course Particulars.
And these documents are together referred to as your “Contract”.
4. Any person participating in or benefiting from the Services (“a Participant”) does so through your Contract and therefore on the basis of these Terms & Conditions.
5. As such, all Participants must be informed that the Services are only available to them subject to these Terms & Conditions.
Parties
6. Odonata is the contracting party and this term includes its directors and employees where the context so admits.
7. The Client is the person contracting with Odonata and selects the Participants.
8. The Client as the contracting party undertakes to be responsible for the acts and omissions of Participants.
Participants
9. The maximum number of Participants is 20. You must schedule your Course for a specified number of Participants by 2 weeks and pay the Fees accordingly. No change to the number of Participants will be allowed save with the prior written consent of Odonata.
10. You, as the Client, choose Participants. As such, Odonata has no control over who receives the Services and cannot be responsible for how they participate or benefit from them.
11. That said, Odonata regrettably cannot provide the Services to Participants who cannot complete the physical aspect of the course. Whilst it is up to you, as the Client, to select Participants within the above restrictions, Odonata advises that Participants be physically and mentally healthy, emotionally stable and with an aptitude for first aid and a willingness to learn.
Services
12. Odonata offers First Aid Courses and the Services are delivered by trained and equipped directors or employees of Odonata or such other persons as Odonata engages for the purpose (“Odonata Personnel”)
13. Part of the Services may include demonstrations and scenario training which necessarily involve physical contact among Participants and/or with Odonata personnel. Please inform Participants in advance of this and advise them that the onus is on them to decline to participate in such activities to the extent that they are not comfortable with the same.
14. Where the Services are delivered over a number of days, the Contract is for all of those days and for the number of Participants agreed upon irrespective of whether the same Participants attend each day.
Consent
15. As the Client, it is your responsibility to ensure that each Participant:
- Understands what the Services consist of; Terms & Conditions – Odonata Investment Zambia Limited First Aid Training Course
- What Participation entails; and
- Consents to Participate which also implies consent to take responsibility as a first responder in the event of a subsequent medical emergency; And by entering into this contract with Odonata, you warrant that each Participant does so.
16. Odonata therefore assumes that a Participant validly consents to Participating and also that this consent extends to all aspects of the Services unless otherwise stated.
17. If a Participant is below the age of 18, it is the responsibility of the Client to obtain the consent as per this document of the parent or legal guardian of such Participant.
Accreditation
18. Odonata Personnel include certified first aid trainers accredited to teach lay people and healthcare workers. As such, you may choose to receive an internationally accredited certification for Participants for an additional fee (“the Accreditation Fee”).
19. Accreditation can only be offered in conjunction with the Services and once a Participant has successfully completed an Odonata Course.
20. If you enter into a contract with Odonata, you agree to seek accreditation only through Odonata based on the certification of Odonata personnel to offer accredited training.
Fees
21. The Client must pay the Fees within a week of acceptance of contract, before Odonata will schedule a date for the commencement of the Services (“the Service Start Date”).
22. Fees are payable in advance.
23. The Services are not available and a Service Start Date cannot be secured until payment is received in full.
24. If an expected Participant does not Participate on and from the Service Start Date for the duration of the Course, Odonata will not refund any of the Fee.
25. If International Certification is required, the Accreditation Fee must be paid in advance together with all other Fees.
26. In the event that any Fees are payable in a currency other than Zambian Kwacha, the Client may pay the same in Zambian Kwacha at the Commercial Bank Selling Rate as at the date and time of payment.
Scheduling
27. Once the Services have been scheduled as per the Client specific Course Particulars, the dates and times agreed on cannot be changed without the prior written consent of Odonata.
28. Fees paid in respect of a scheduled Course cannot be carried forward or applied towards the provision of any other Services without the prior written consent of Odonata.
Premises
29. If the Client provides the venue for a Course (“the Premises”) the Client warrants that the Premises are safe, clean and suitable for the purposes of providing the Services.
30. Premises must also be safe, and conducive to teaching with adequate space for the practical elements.
Intellectual Property
31. The Services include use of printed and other media materials during a Course. These materials are beneficial when consumed in conjunction with the Course. They are not comprehensive and are not intended to be relied upon without the additional information provided by Odonata during a Course. As such, Participants must not copy, reproduce or share any Course Content
32. All materials used in the provision of the Services are and at all times remain the property of Odonata and cannot be reproduced, used or shared without the prior written consent of Odonata. Terms & Conditions – Odonata Investment Zambia Limited First Aid Training Course
33. Odonata will take action to ensure that its rights in and to the Course Materials are enforced against infringers.
Liability
34. Odonata takes all reasonable care to ensure that materials, equipment and machinery used to provide the Services are in good working order and suited to purpose.
35. Odonata cannot be held liable in the event of a defect or malfunction of such items causing injury or damage to a Participant.
36. Furthermore, Odonata Personnel are appropriately trained to offer the Services and will take all reasonable care whilst offering the Services to ensure that a Participant’s emotional and psychological well-being are considered as well as their physical safety.
37. However, Odonata provides the Services at locations provided by the Client or Third Parties and as such, cannot be held liable in any event as the Occupier of premises where the Services are offered.
38. Notwithstanding any other provision of this Contract, Odonata cannot be held liable for anything not directly resulting from Odonata’s proven gross negligence.
39. Odonata offers first aid training. However, the manner in which an individual Participant executes first aid steps depends on numerous factors including the aptitude of the Participant, their experience and their response to the circumstances confronting them.
40. Odonata does advise Participants who face an emergency situation as a first aid responder to give place to any more qualified or more experienced person who is present, willing and able to act.
41. A Participant is solely responsible for the first aid steps they take and Odonata cannot be held liable for any loss occasioned or damage caused by any person who is or has been a Participant.
42. Odonata cannot be liable for any indirect or consequential damages.
Indemnity
43. As the contracting party, you indemnify Odonata against any claims whatsoever resulting from the provision of the Services save in the event of proven gross negligence on the part of Odonata being the direct cause of liability.
Force Majeure
44. For the purposes of the Contract, a force majeure Event is an event having a Material Adverse Effect on a Party’s ability to perform the Contract which is beyond the control of that Party and which by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable, and includes, without limitation acts of war, blockade, insurrection, warlike conditions, Act of God, pestilence, epidemic, pandemic or quarantine, freight embargoes, changes in law, regulations, orders or acts of government or any other competent authority having the force and effect of law and a Material Adverse Effect means a material adverse effect on the condition (financial or otherwise) of a Party or any of its assets (either individually or in the aggregate) or on a Party’s present or future ability to operate.
45. If a force majeure Event prevents a Course from taking place as scheduled, then the Parties must re – schedule the Course by mutual agreement within the three months following the cessation of the force majeure Event. If a force majeure Event continues for more than three days then the Contract stand terminated and Fees paid towards any Services not provided must be refunded within 2 weeks but without interest.
46. For the avoidance of doubt, the inability of a Participant or of all Participants to attend a scheduled Course does not amount to a force majeure Event and the Client will not be entitled to recover the Fees paid if Participants do not attend.
Governing Law Terms & Conditions – Odonata Investment Zambia Limited First Aid Training Course
47. This Contract is governed by the laws of the Republic of Zambia.
Insurance
48. Odonata is covered by Professional Insurance.
Miscellaneous
49. The Services shall be deemed to have been rendered by Odonata on completion of the Course or, where adequate understand and skill demonstration has been met
50. Each provision of the Contract is severable.
51. The Contract is intended to ensure to the benefit of and bind each party’s respective successors in title and assigns.
52. No warranty or undertaking not contained in the Contract shall be valid or enforceable against Odonata.
53. Headings are for ease of reference only and do not affect interpretation of these Terms and Conditions.
54. Nothing in this contract is to be construed or interpreted by reference to the contra proferentem rule.
55. Nothing in this contract is to be construed ejusdem generis.
56. This Contract can only be amended by agreement reduced to writing and signed by both Parties.