Terms-and-conditions

Effective date: 30 July 2026

1. About Dynamic HSE

Dynamic HSE is a trading name of Digital Discovery Limited.

In these terms, “Dynamic HSE”, “we”, “us” and “our” mean Digital Discovery Limited trading as Dynamic HSE.

“Learner” means a person enrolled in training.

“Purchaser” means the person or organisation purchasing or arranging the training.

2. Acceptance of these terms

These terms apply when you:

access or use a Dynamic HSE website or online academy;
create an account;
enrol in or purchase a course;
complete an assessment;
download a resource; or
use another product or service supplied by Dynamic HSE.

By purchasing, enrolling in or using our training, you agree to these terms.

Where an organisation purchases training for its workers or other learners, the organisation agrees to these terms as purchaser and must ensure that each learner is made aware of the terms that apply to their use of the training.

Course-specific conditions displayed on a product, checkout or enrolment page also form part of the agreement. If there is an inconsistency, the course-specific conditions take priority for that course.

3. Our training

Dynamic HSE provides online health and safety education, awareness training, assessments, resources and related services.

The course description, learning objectives, price and any stated access period will be displayed on the relevant product or enrolment page.

Unless expressly stated otherwise, Dynamic HSE courses provide general education or awareness training. They are not practical competency assessments and do not certify a learner as competent to carry out specialist, licensed, high-risk or safety-critical work.

4. Important training limitations

Dynamic HSE training does not replace:

workplace-specific information, instruction, training or supervision;
workplace risk assessments, emergency procedures, permits or safe work procedures;
practical skills training or competency verification;
professional engineering, occupational hygiene, medical, legal or other specialist advice;
any licence, certificate of competence, authorisation or regulatory approval required for particular work; or
an employer’s or PCBU’s obligations under applicable health and safety legislation.

Information provided in a course is general in nature. It may not address every risk, workplace, activity, material, piece of equipment or individual circumstance.

Learners and organisations must not rely on a course as the sole basis for deciding whether particular work is safe, lawful or appropriate.

5. Purchaser and employer responsibilities

The purchaser and any organisation assigning training remain responsible for:

deciding whether the training is appropriate for the learner and workplace;
identifying any additional training, supervision or competency assessment required;
providing workplace-specific procedures, information and instruction;
ensuring that learners do not perform work for which they are not competent, authorised or adequately supervised;
providing accurate learner and organisation information;
confirming that they are entitled to provide learner information to Dynamic HSE;
retaining any additional workplace training records required by the organisation or applicable law; and
ensuring that learners have suitable equipment and internet access.

Completion of a Dynamic HSE course does not, by itself, establish that an organisation has satisfied all of its legal training obligations.

6. Accounts and learner identity

You must provide accurate, complete and current information when creating an account, purchasing training or enrolling a learner.

A learner account and course enrolment are personal to the named learner. You must not:

share account credentials;
allow another person to complete training or an assessment on your behalf;
complete training or an assessment on behalf of another person;
provide false identity or completion information;
interfere with the platform, assessment controls or course requirements; or
attempt to gain unauthorised access to any account, course or system.

You are responsible for keeping your login credentials secure and for activity undertaken through your account.

We may require reasonable evidence of identity before issuing, correcting or verifying a certificate.

7. Prices and payment

Prices are stated in New Zealand dollars unless expressly stated otherwise.

GST and any other charges will be shown at checkout where applicable.

Payment must be made using an accepted payment method. Payment processing may be provided by a third-party payment provider whose separate terms and privacy practices may apply.

We may withhold or suspend access where:

payment has not been received;
a payment is declined or reversed;
a chargeback is initiated;
payment information appears unauthorised or fraudulent; or
an invoice is overdue.

The purchaser remains responsible for all valid amounts due.

8. Course access and expiry

Course access begins when the course is made available to the learner.

The applicable access period may be stated on the course, checkout or enrolment page. If no different period is stated, access will expire 12 months after the course is first made available to the learner.

The learner is responsible for completing the course within the applicable access period.

Failure to start or complete training before access expires does not create an entitlement to a refund.

Dynamic HSE may grant an extension at its discretion. An extension may be subject to:

verification of the enrolment;
continued availability of the course;
updated course or assessment requirements; and
a reasonable administration charge disclosed before the extension is accepted.

9. Enrolment transfers

An enrolment is not transferable as of right.

Dynamic HSE may permit an organisation to transfer an unused enrolment to another learner where:

the original learner has not accessed substantive course content;
no assessment has been attempted;
no certificate has been issued;
the transfer can be completed within the learning platform; and
the organisation provides the required replacement learner information.

Transfers are subject to verification and may be subject to a reasonable administration charge.

10. Course content, updates and withdrawal

We may correct, update or replace course content where reasonably necessary to:

maintain technical or legal accuracy;
reflect changes to legislation, guidance or accepted practice;
improve clarity, accessibility or functionality;
correct errors;
replace licensed or third-party material; or
maintain compatibility with our learning platform.

Minor changes that do not materially alter the purpose of the course do not create an entitlement to a refund.

We may suspend, withdraw, replace or discontinue a course where continued delivery is no longer reasonably practicable, technically supported, accurate or appropriate.

Where a purchaser has paid for a course and has not received substantially what was purchased, we will provide an appropriate remedy, which may include replacement access, an alternative course, a credit or a refund.

11. Assessments and certificates

A certificate records that the named learner completed the stated course and any assessment requirements applying at the time.

Unless a course expressly states otherwise, a certificate does not:

establish practical competence;
authorise the learner to perform specialist or high-risk work;
replace a regulatory licence, certificate or workplace authorisation;
confirm that all workplace training obligations have been satisfied; or
guarantee that the learner will retain or correctly apply the course information.

Certificates must not be altered, falsified, misrepresented or used by anyone other than the named learner.

We may withhold, cancel or correct a certificate where we reasonably believe that:

the course or assessment was not completed by the named learner;
false information was supplied;
the assessment process was compromised;
the certificate contains an administrative error; or
the learner or purchaser materially breached these terms.

12. Intellectual property

All intellectual property in Dynamic HSE courses and resources is owned by or licensed to Dynamic HSE.

This includes:

videos and audio;
narration and scripts;
slides and graphics;
photographs and diagrams;
written content;
assessments and answers;
templates and downloadable resources;
course structure and instructional design;
certificates; and
Dynamic HSE names, logos and branding.

Purchase or enrolment gives the learner a limited, revocable, non-exclusive, non-transferable right to access the course for personal learning purposes during the applicable access period.

Without our prior written permission, you must not:

copy, reproduce or record course content;
photograph or capture assessments or answers;
distribute course materials;
upload content to another platform;
sell, sublicense or commercially exploit the content;
publicly display or present the training;
modify the content or remove ownership notices;
use the content to create competing training; or
use automated tools to scrape, extract or reproduce course content.

13. Acceptable use

You must not use our websites, forms, academy or training platform:

unlawfully or fraudulently;
to transmit harmful code;
to interfere with the service or another user;
to collect information about other users;
to test or bypass security controls;
to make abusive, threatening or discriminatory communications; or
in a way that could damage Dynamic HSE, its systems or its service providers.

14. Third-party services

We may use third-party services to provide:

learning management;
payments;
websites and hosting;
forms and surveys;
email communications;
analytics;
file storage; and
other business functions.

These providers may include Klasio, Formly, Google and payment-processing providers.

We take reasonable steps to select and manage appropriate providers, but we do not control every aspect of their systems or availability.

You may also be subject to a provider’s own terms when using its service.

15. Availability and technical requirements

We aim to provide reasonable access to our websites and training but do not guarantee that they will always be uninterrupted, error-free or compatible with every device or system.

You are responsible for having:

a suitable device;
a reliable internet connection;
an up-to-date supported browser;
functioning audio or video capability where required; and
workplace security settings that permit access to the platform.

We are not responsible for problems caused by the learner’s device, browser, network, internet provider, firewall, software or security settings.

If a material technical problem with our service prevents access, you must notify us promptly and allow us a reasonable opportunity to investigate and remedy the issue.

16. Suspension and termination

We may suspend or terminate access where we reasonably believe that:

these terms have been materially breached;
an account or enrolment is being misused;
payment is overdue, reversed or disputed;
course content or intellectual property is being copied or distributed;
fraudulent or unlawful activity has occurred;
suspension is required to protect our systems or other users; or
continued access would expose Dynamic HSE or another person to material risk.

Where reasonably practicable, we will provide notice and an opportunity to remedy the issue.

Suspension or termination caused by the learner’s or purchaser’s breach does not create an entitlement to a refund.

17. Business purchases and the Consumer Guarantees Act

Where:

Dynamic HSE and the purchaser are both in trade;
the services are supplied and acquired in trade;
the training is acquired for business purposes;
the agreement is in writing; and
it is fair and reasonable for the parties to be bound by this clause,

the parties agree that the Consumer Guarantees Act 1993 does not apply to the supply.

This clause does not apply to a purchaser acquiring training as a consumer for personal or household use.

Nothing in these terms limits the Fair Trading Act 1986 or any right, guarantee or remedy that cannot lawfully be excluded or limited.

18. Liability

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited.

Subject to that qualification and to the maximum extent permitted by law:

Dynamic HSE is not liable for a learner’s, purchaser’s or organisation’s decision to undertake, authorise or continue work;
Dynamic HSE is not liable for a failure to provide workplace-specific training, controls, supervision or competency verification;
Dynamic HSE is not liable for indirect, consequential, incidental or special loss;
Dynamic HSE is not liable for loss of profit, revenue, opportunity, goodwill, business, anticipated savings or data; and
Dynamic HSE’s total aggregate liability arising from or connected with a course, enrolment or related service will not exceed the amount paid to Dynamic HSE for that course, enrolment or service.

The liability cap applies to all claims arising from the same course or service, whether the claim arises in contract, tort, equity, statute or otherwise.

19. Events outside our control

Dynamic HSE is not responsible for delay, interruption or failure caused by circumstances beyond our reasonable control.

These circumstances may include:

widespread telecommunications or internet failure;
failure of an essential third-party platform;
natural disaster;
epidemic or public emergency;
government action;
cyberattack;
industrial disruption;
power failure; or
other events that could not reasonably have been prevented.

We will take reasonable steps to restore access or provide a reasonable alternative where practicable.

20. Refunds

Our Refund Policy forms part of these terms.

A refund, credit or transfer will only be provided in accordance with:

the Refund Policy;
any applicable course-specific terms; and
rights that cannot lawfully be excluded.

21. Privacy

We collect and handle personal information in accordance with our Privacy Policy and the Privacy Act 2020.

Where an organisation purchases or assigns training, course progress, results and completion information may be made available to that organisation.

22. Complaints and disputes

Email: [email protected]

We aim to acknowledge complaints within five working days.

The parties should attempt to resolve a dispute in good faith before starting formal proceedings, except where urgent relief is required.

23. Changes to these terms

We may update these terms to reflect changes to our services, systems, providers or legal obligations.

The current version will be published with its effective date.

The terms in force when a purchase is made will generally continue to apply to that purchase, unless:

a change is required by law;
a change is necessary for security or platform operation; or
the change benefits the purchaser or learner.

24. Severability and waiver

If any part of these terms is found to be invalid or unenforceable, the remaining provisions continue to apply.

A failure or delay by Dynamic HSE in enforcing a right does not waive that right.

25. Governing law

These terms are governed by New Zealand law.

The New Zealand courts and tribunals have non-exclusive jurisdiction in relation to disputes arising from these terms.

26. Contact

Dynamic HSE

Digital Discovery Limited trading as Dynamic HSE

Auckland, New Zealand