DOMESTIC TERMS AND CONDITIONS

This document sets out the terms and conditions of the agreement between you and Collaboration Learning Pty Ltd, (‘Collaboration Learning’) for the provision of the Course(s) you undertake with or through Collaboration Learning (‘Terms and Conditions’).

It is an important document. This Agreement sets out your obligations to Collaboration Learning and Collaboration Learning’s obligations to you, and by accepting it you are acknowledging that you have read it and understand it. You should also refer to Collaboration Learning’s student policies and procedures published from time to time on the Collaboration Learning website (www.collaboration.edu.au ) under ‘Key Student Information.

  1. AGREEMENT

1.1. These Terms and Conditions apply to the Course to be undertaken as selected by you and listed in Item 2 of Schedule 1. The Course is a full fee for service course and you are liable to Collaboration Learning for 100% of the fees for the Course.

1.2. These Terms and Conditions should be read in conjunction with Collaboration Learning’s Student Handbook and Collaboration Learning Policies and Procedures published on Collaboration Learning website www.collaboration.edu.au

1.3. It’s important to familiarise yourself with Collaboration Learning Student Handbook and Collaboration Learning Policies and Procedures prior to applying to enrol in one of Collaboration Learning’s Courses as they contain information on, among other things:

1.3.1. Progression Policy

1.3.2. Recognition of Prior Learning and Credit Transfer

1.3.3. Contact details of various support services

1.3.4. How to access support and assistance during training

1.3.5. Consumer protection including complaints resolution

1.3.6. How to defer or discontinue training

1.3.7. Fees

1.4. Collaboration Learning Policies and Procedures and Student Handbook may be amended by Collaboration Learning from time to time. Except to the extent required by law, Collaboration Learning Policies and procedures and Student Handbook, and any changes thereto, shall not be inconsistent with these Terms and Conditions, and in the event of an inconsistency, these Terms and Conditions prevail.

1.5. Collaboration Learning is committed to maintaining the privacy and confidentiality of its RTO personnel and participant records. Collaboration Learning complies with the Privacy Act 1988 including the 13 Australian Privacy Principles (APPs) as outlined in the Privacy Amendment (Enhancing Privacy Protection) Act 2012.

1.6. Your personal information will be shared with third parties including the Australian Government and designated authorities. This information includes personal and contact details, course enrolment details and changes, and will be shared, collected, stored, used and disclosed in the circumstances set out in Collaboration Learning Privacy Policy, including where Collaboration Learning needs to share, collect, use, store and/or disclose your personal information to provide you with the Course or as required by law.

1.7. For more information please see read our Privacy Policy, which is subject to change from time to time as Collaboration Learning business needs change or as required by law. Collaboration Learning encourages you to review its website, or request a copy, to ensure that you are aware of the current Privacy Policy. By accepting these Terms and Conditions you also acknowledge that you have read and agree to Collaboration Learning Privacy Policy.

1.8. You must notify Collaboration Learning of a change of address or your other details while enrolled in the Course.

1.9. These Terms and Conditions must be signed or otherwise accepted by your parent or legal guardian if you are under 18 years of age. Your parent or legal guardian is liable for the Course Fee and any monies that become due and payable under these Terms and Conditions if you are under the age of 18.

1.10. These Terms and Conditions will have immediate effect and be binding on you from the date that you submit your application for enrolment, however, your enrolment is subject to the conditions set out in clause 4. Your place in your selected Course is not guaranteed until we send you an enrolment confirmation letter.

1.11. Any agreement, arrangement or other dealing in connection with a Course provided by Collaboration Learning to you is taken to have been entered into subject to these Terms and Conditions. To the extent of any inconsistency between these Terms and Conditions and the provision of any other agreement, arrangement or other dealing in connection with a Course, these Terms and Conditions will prevail unless expressly stated otherwise. This clause applies despite the fact that any such agreement, arrangement or dealing does not refer to these Terms and Conditions and/or may be in direct conflict with these conditions of contract.

1.12. No amendments to these Terms and Conditions (purported to be made by you) shall be binding on Collaboration Learning unless agreed in writing by a Director of Collaboration Learning or a person authorised in writing by them.

  1. COURSE FEES

2.1. The monies payable by you for the Course are itemised in Item 3 of Schedule 1 (Course Fees), however, Collaboration Learning is entitled to charge fees for services provided to students. These charges are generally for items such as administrative fees, course materials, text books, student services and training and assessment services (Course Related Charges), further details of which can be accessed on Collaboration Learning Website in the Schedule of Administrative Fees including advice on the potential for such charges to change during your course.

2.2. Where a supply in connection with a Course by Collaboration Learning is a taxable supply for the purposes of any legislation in respect of goods and services tax (GST), GST at the appropriate rate will be added to all prices quoted and will be separately detailed on all invoices.

 

  1. OBLIGATIONS OF COLLABORATION LEARNING

3.1. Collaboration Learning will provide the Course to you in accordance with these Terms and Conditions.

3.2. Australian law requires providers of education and training courses to be registered and sets out other requirements which Collaboration Learning, any affiliates and educational agents have to comply with.

3.3. As a Registered Training Organisation (RTO), Collaboration Learning must and will comply with all legislation, ordinances, rules, regulations, other delegated legislation, codes, guidelines, standards, and the requirements of any Authority so far as these may affect or apply to RTOs, vocational courses, the Course or Collaboration Learning’s business including:

3.3.1. the National Vocational Education and Training Regulator Act 2011 (NVR Act);

3.3.2. the Standards for Registered Training Organisations (RTOs) 2015, made under subsection 185(1) and subsection 186(1) of the National Vocational Education and Training Regulator Act 2011.

3.4. Collaboration Learning may deliver a Course in conjunction with other RTOs that may or may not be related entities of Collaboration Learning (Affiliates). Details of Collaboration Learning Affiliates are available on the relevant course page on the Collaboration Learning website. Where an Affiliate assists to provide your course, for example, it may be responsible for developing a curriculum, awarding your qualification or providing tuition. Collaboration Learning is responsible for its Affiliates and you will still be bound by this Agreement in respect of any Course delivered by Collaboration Learning in conjunction with its Affiliates.

3.6. Collaboration Learning will ensure that its staff are suitably qualified or experienced in relation to the functions they perform in connection with your Course and that its education resources, including facilities, equipment, learning and library resources and premises, are adequate to support to the delivery of the Course to you.

3.7 Collaboration Learning is responsible for the quality of the training and assessment in compliance with the Standards listed at 3.3.2 and for the issuance of AQF (Australian Qualifications Framework) certification documentation.

  1. CONDITIONS OF ENROLMENT

4.1. Your enrolment in a Course is conditional upon acceptance by Collaboration Learning of your enrolment in a Course.

4.2. By accepting these Terms and Conditions you acknowledge and warrant that you understand and accept the prerequisites, requirements, costs and obligations that you will incur by enrolling in a Course with Collaboration Learning, including those set out in Collaboration Learning Policies and Procedures and Collaboration Learning’s Student Handbook.

4.3. Acceptance of your enrolment is at Collaboration Learning’s discretion.

4.4. Enrolment may be refused for any reason, including if Collaboration Learning’s considers:

4.4.1. that you do not have the qualifications, experience and English language proficiency appropriate for the Course;

4.4.2. that accepting your enrolment would be a breach of any Laws;

4.4.3. that you will not be able to complete the Course;

4.4.4. you fail to pay any upfront fees, deposits or instalments required by your Course.

 

4.5. Collaboration Learning offers a 7 day ‘cooling off period’ which allows you to cancel these Terms and Conditions and your Course within 7 days after you submit your application for enrolment. You may cancel these Terms and Conditions and your Course for any reason within the 7 day period after you submit your application for enrolment by written notice to Collaboration Learning, by email. A $250.00 administration fee will be payable for any cancellations within the cooling off period.

  1. COURSE MATERIALS AND CERTIFICATION

5.1. Subject to you complying with these Terms and Conditions, Collaboration Learning will for the duration of your Course:

5.1.1. supply to you materials for the first study period of your course;

5.1.2. supply to you materials for the subsequent study periods for your course after Collaboration Learning have determined, in its sole discretion, that you have successfully completed the prior study period for your course;

5.1.3. provide you with access to MyCollaboration from your computer where that computer uses computer equipment, computer software and internet (which meet Collaboration Learning’s specifications from time to time);

5.1.4. provide you with access to learning and administrative support;

5.1.5. grade your assessments, or procure that an Affiliate grade your assessments; and

5.1.6. provide feedback and grades for your assessments through MyCollaboration.

5.2. Either Collaboration Learning or its Affiliate (whoever is most appropriate) will issue to you an appropriate certification for your Course once you have successfully completed all study periods and paid all Course Fees associated with your Course.

  1. YOUR OBLIGATIONS AND PAYMENT OF FEES

6.1. By accepting this Agreement you:

6.1.1. warrant that you fulfil all entry requirements and have the required equipment, as specified on the Collaboration Learning website, for the course in which you enrol;

6.1.2. represent and warrant that all information provided to Collaboration Learning at the time of enrolment was accurate and complete and not misleading and that you included all information that may impact on your ability to complete the Course (such as a disability);

6.1.3. agree to pay your Course Fees and any Course Related Charges (plus GST, if applicable) (Fees).

6.2. If you are paying your Fees by instalments, you must:

6.2.1. complete a Credit Card Authorisation; or

6.2.2. complete a Direct Debit Request Service Agreement; and

6.2.3. pay all such instalments on or before the due date.

6.3. If you fail to pay the Fees in accordance with clause 6.1.3 or commit any other default or misconduct in connection with these Terms and Conditions, the Student Handbook and/or Collaboration Learning’s Policies and Procedures, then Collaboration Learning may take any action permitted by law and which may include:

6.3.1. withholding the provision of materials for your Course; and/or

6.3.2. restricting access to MyCollaboration; and/or

6.3.3. withholding the grading of assessments; and/or

6.3.4. ceasing or suspending any obligation Collaboration Learning or an Affiliate has under these Terms and Conditions; and/or

6.3.5. notifying relevant credit agencies of your default; and/or

6.3.6. withdrawing you from the Course.

6.4. If you are in arrears in respect of an instalment, the total outstanding balance of any Fees will become immediately due and payable.

6.5. If you are claiming the Pensioner Education Supplement through Centrelink, then you will be required to make payments to Collaboration Learning using Centrepay. Should you cease to make payments at any time during your course, then Collaboration Learning reserves the right to implement the actions outlined in Clause 6.3 and inform Centrelink of your change in status.

6.6. You acknowledge and agree that:

6.6.1. you must have access to a computer, computer equipment, computer software and internet (which meet Collaboration Learning’s specifications from time to time) while you are completing your course;

6.6.2. depending on your particular course, you may be required, at your own expense, to provide additional equipment or materials or undertake additional studies or certifications;  and

6.6.3. additional or supplementary learning materials for your course may only be available through the online learning system (the online learning system is known as MyCollaboration).

6.6.4. The Course Fee does not include:

6.6.4.1. postage of any assessments or other materials by you to Collaboration Learning;

6.6.4.2. any materials that are listed as “Computer Requirements” or “Additional Requirements” for your particular course on the Collaboration Learning website;

6.6.4.3. travel, accommodation or other personal costs (such as uniforms) associated with undertaking a work placement or workplace assessments;

6.6.4.4. Any materials not listed as Resource Materials for the student’s course

6.6.4.5. Any equipment that will be retained by the student as his or her own personal property;

6.6.4.6. Excursions if they arise;

6.6.4.7. Printing of learning materials that are made available online;

6.6.4.8. Replacing issued learning materials which the student has lost or damaged;

6.6.4.9. Additional assessment requirements;

6.6.4.10. Replacement copy of a student’s certificate;

6.6.4.11. Any other fees outlined in the Schedule of Administrative Fees available on the Collaboration Learning website www.collaboration.edu.au

 

6.6.5. You must inform Collaboration Learning in writing within seven (7) days of any corrections or changes to your personal details including name, residential or postal address, email address, phone numbers, payment options and banking details.

6.6.6. You must retain a copy of all assessments submitted to Collaboration Learning for the duration of your course. Assessments submitted by mail to Collaboration Learning will not be returned to you.

6.6.7. You must maintain a current email address for the duration of your course.

6.6.8. Collaboration Learning will communicate with you via email and through MyCollaboration.

6.6.9. If your Course contains work placements, workplace assessments or other structured workplace learning (Structured Workplace Learning):

6.6.9.1. you must find a suitable workplace or workplaces to undertake the Structured Workplace Learning components of your course;

6.6.9.2. Collaboration Learning will assess and determine, in its sole discretion, whether the workplace you identify is suitable for the particular Structured Workplace Learning (depending on the nature of the workplace and the assessment requirements);

6.6.9.3. you are responsible for any costs associated with the Structured Workplace Learning, including any placement fees charged by the host organisation (whether charged to you or to Collaboration Learning), statutory checks or vaccination costs;

6.6.9.4. you may be required to travel to an appropriate workplace (at your own cost) if you are unable to locate an appropriate workplace within your local area; and

6.6.9.5. Collaboration Learning may undertake workplace assessments in a range of ways, which may include: completion of a logbook; telephone interviews with you and your supervisor; and completion of a workplace assessment portfolio.

 

6.6.9.7. Collaboration Learning may undertake workplace assessments at approved workplaces. If you cannot attend the workplace on the assessment date you must notify Collaboration Learning in writing fourteen (14) days before the assessment date. Failure to attend the assessment or cancellation of the assessment less than 14 days from the assessment date may result in an administrative fee being incurred, which you must pay.

6.6.9.8. If your Course prepares you to undertake external examinations you are responsible for establishing your own eligibility and making arrangements to attend and pay for any fees and charges with respect to the external examination. Collaboration Learning make no representations regarding external examinations.

  1. WARRANTIES, REPRESENTATIONS AND INTELLECTUAL PROPERTY

7.1. Any decision to enrol in a Course must be made by you. While Collaboration Learning will provide you with relevant information in relation to the Courses to assist you to make a decision, it makes no guarantees as to Course outcomes such as employment or financial outcomes in Australia or elsewhere.

7.2. The guarantees, warranties and conditions implied by or provided by law or statute which cannot be excluded by contract are included in these Terms and Conditions. All other guarantees, warranties and conditions under any legislation, the common law, equity, or trade or custom are excluded from these Terms and Conditions unless otherwise expressly stated.

7.3. Ownership of all copyright, proprietary and intellectual property rights in respect of or arising out of or in connection with the Course, any marketing and study materials, assessment materials and content and any other Course documentation and content (“Course Material”) is vested in and will remain vested in Collaboration Learning or a nominated third party and nothing in these Terms and Conditions confers any proprietary or intellectual property rights on you in respect of the Course Material.

7.4. You may keep the Course Material that Collaboration Learning provides to you, however you must not reproduce or distribute any part of the Course Material without Collaboration Learning’s prior written consent.

  1. REFUNDS, DEFERMENTS, EXTENSIONS AND TRANSFERS

8.1. Subject to the cooling off period and any default by Collaboration Learning in its obligation to provide the Course to you, if you wish to withdraw from your enrolment after submitting your application for enrolment, you will not be entitled to any refund of any of the Fees, and you will be liable to pay the same for the entire duration of the Course.

8.2. You must complete your Course (including any Structured Workplace Learning) within the timeframe specified by Collaboration Learning, in your confirmation of your enrolment (Maximum Duration), subject to clause 8.3.

8.3. If you are experiencing difficulties completing your and require more time to complete your studies, you may request to defer or extend your studies. To defer or extend your studies, you will need to contact Student Support or make a request to us in writing before the expiration of your Course. Collaboration Learning will only agree to extend or defer your Course where you have not made a previous request and there are extenuating circumstances or special considerations supported by documentation submitted to Collaboration Learning, such as personal difficulties or changed circumstances that are likely to impact on your ability to study. Requests for re-scheduling of any Course or program or subject pursuant to a deferment or extension may incur additional fees or Course Related Charges.

8.4. To apply for a Course deferral or extension, you must:

8.4.1. have paid all Fees that are due at the time;

8.4.2. submit a completed Course deferral or extension request to Collaboration Learning, and which may require a medical certificate (where applicable); and

8.4.3. advise Collaboration Learning of the date you expect to return to study; and

8.4.4. agree to pay any Course deferment or extension fee and administrative charges that may be payable to Collaboration Learning as a condition of your Course deferment or extension at Collaboration Learning absolute discretion.

8.5. If Collaboration Learning approves your application to defer or extend your study, then Collaboration Learning may, without limitation:

8.5.1. extend the Maximum Duration of your Course by up to six (6) months;

8.5.2. agree with you an alternative payment plan, which may include deferral or extension of instalments for up to six (6) months; and/or

8.5.3. provide to you additional academic and learning support services.

8.6. Where there are extenuating circumstances or special considerations of a continuing and serious nature which will materially affect your ability to continue with your Course, and having regard to such circumstances or considerations it is not possible for you to continue or defer or extend the Course, Collaboration Learning may at it absolute discretion agree to:

8.6.1. Accept a written application from you to cancel the Course;

8.6.2. release you from the payment of future instalments; and/or

8.6.3. grant a pro-rata refund of the Course Fees (taking into account the portion of the Course that has been completed and the costs associated with the provision of learning materials).

8.7. Collaboration Learning will not consider applications for cancellation due to extenuating circumstances or special considerations for matters including where:

8.7.1. you change jobs;

8.7.2. your work hours changes;

8.7.3. you move address (including inter-state or international moves);

8.7.4. your Course changes as a result of a regulatory change governing Collaboration Learning;

8.7.5. you find the Course more difficult, time consuming or stressful than you had expected; or

8.7.6. you resign from or terminate your employment.

8.8. If for any reason you feel that we were unable to fulfil your training requirements and need to move to another provider, Collaboration Learning will assist you with the transition. If you have been found competent in any units of competency, we will issue you with a Statement of Attainment which you can use as Credit Transfer with your new provider. You will still be required to pay any outstanding Fees. To transfer your studies, you will need to contact your Course Coordinator or make a request to us in writing before the expiration of your Course.

8.9. For the avoidance of doubt, Course Fees will not be refunded as a result of a Course transfer.

8.10. If you decide to pursue an alternative Course with Collaboration Learning after commencing your studies, you may apply for a Course transfer.

8.11. To apply for a Course transfer, you must:

8.11.1. have paid all Fees that are due at the time; and

8.11.2. submit a Course transfer request to Collaboration Learning within three months of the Agreement Date;

8.12. Collaboration Learning will approve your Course transfer request if:

8.12.1. you satisfy the criteria set out in clause 8.11 above;

8.12.2. you meet the entry requirements for the Course you wish to transfer to;

8.12.3. you have not previously been approved for a Course transfer;

8.12.4. the Course you wish to transfer to is taking new enrolments; and

8.12.5. you agree to pay all Fees for the new Course; and

8.12.6. you agree to pay any Course transfer fee and administrative charges that may be payable to Collaboration Learning as a condition of your Course transfer at Collaboration Learning absolute discretion.

8.13. Course Fees will not be refunded as a result of a Course transfer, however, Collaboration Learning, may at its absolute discretion agree to reduce, waive, refund or give you a credit in respect of any Fees paid by you in respect of the original or the new Course where you apply to transfer to a new Collaboration Learning Course For example, if the new Course is of greater value than your current Course, then Collaboration Learning may only require you to pay additional Course Fees equal to the difference between the value of the original Course and the new Course or if the new Course is of lesser value than your original Course, then Collaboration Learning may allow you to apply the difference between the original Course Fee and the new Course Fee towards a future Course with Collaboration Learning. Any such future course must be commenced within 6 months of the completion of the Course you transfer into.

8.14. Where Collaboration Learning is unable to provide the Course or there is a serious failure in the provision of the Course by Collaboration Learning, Collaboration Learning will, acting reasonably, offer you:

8.14.1. the opportunity to undertake the Course again at no additional cost; or

8.14.2. the opportunity to undertake a similar or alternative Course at no additional cost; or

8.14.3. a full or pro-rata refund of the Course Fees (taking into account the portion of the Course that has not been completed, whether any completed Course units can be credited and transferred to another Course, and the extent of the failure by Collaboration Learning to provide the Course).

8.15. New Zealand Citizens may enrol in selected Collaboration Learning Courses subject to the following additional terms:

8.15.1. You acknowledge that the qualifications delivered by Collaboration Learning are designed specifically to meet Australian workforce requirements. Further, the Nationally Recognised Training qualifications delivered by Collaboration Learning are developed in accordance with the Australian Qualifications Framework.

8.15.2. You are solely responsible for ascertaining the recognition and appropriateness of your Course to the meet your specific requirements in New Zealand.

8.15.3. If your Course contains Structured Workplace Learning, it is your responsibility to:

8.15.3.1. find an appropriate workplace to undertake the Structured Workplace Learning components of your course in Australia;

8.15.3.2. ensure that you meet the relevant visa requirements to enable you to undertake your Structured Workplace Learning in Australia and ensure that you have no visa restrictions that will prevent you from undertaking Structured Workplace Learning in Australia; and

8.15.3.3. complete any necessary regulatory checks, including those that may be required in Australia as specified in the Workplace Assessment Guide for your Course, for example National Police Check and Working with Children Check.

  1. GENERAL AND INTERPRETATION

To the extent permitted by Law:

9.1. Headings are for convenient reference only and do not effect interpretation.

9.2. A failure by Collaboration Learning to exercise any right under these Terms and Conditions or a delay in exercising any right is not a waiver or variation to that right. The partial exercise by Collaboration Learning of any right under these Terms and Conditions does not prevent the complete or further exercise of that right.

9.3. Any failure by Collaboration Learning to enforce any provision of these Terms and Conditions or any forbearance, delay or indulgence granted by it to the Customer will not be construed as a waiver of Collaboration Learning’s rights hereunder.

9.4. These Terms and Conditions contain the entire understanding between the parties concerning their subject matter and supersede all previous agreements and understandings whether written or oral between the parties in respect of such subject matter.

9.5. Any notice required or permitted to be given by either party to the other under these Terms and Conditions, shall be in writing addressed to the other party at the address specified in these Terms and Conditions or such other address as may have been notified pursuant to this provision to the party giving the notice. Such notices may be given by personal delivery, email or post.

9.6. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

9.7. These Terms and Conditions shall be governed by the laws of the State of New South Wales and the laws of the Commonwealth and the parties agree to submit to the non-exclusive jurisdiction of the courts of the New South Wales.

9.8. Collaboration Learning is a registered training organisation, as such it must comply with the Laws. You acknowledge that Collaboration Learning may be required to make changes to Courses (including units, learning materials and assessments), these Terms and Conditions and the Collaboration Learning Policies and Procedures from time to time.

9.9. If Collaboration Learning incurs any cost or expense in connection with exercising, or attempting to exercise, any of its rights pursuant to these Terms and Conditions or otherwise enforcing these Terms and Conditions, the amount of such cost and expense may be recoverable from you.

9.10. The singular includes the plural and vice versa and words importing a gender include any gender.

9.11. The word ‘person’ includes a firm, a partnership, a joint venture, a body corporate, an unincorporated association, any corporate or governmental body or any authority;

9.12. An Agreement, representation or warranty:

9.12.1. in favour of two or more persons is for the benefit of them jointly and severally; and

9.12.2. on the part of two or more persons binds them jointly and severally; and

9.13. A reference to:

9.13.1. a party includes the party’s executors, administrators, successors, substitutes (including parties taking by novation) and assigns;

9.13.2. a document includes any amendment, supplement, variation, replacement or novation of it;

9.14. Any Act, statute, regulation, proclamation, ordinance or by-law includes all Acts, statutes, regulations, proclamations, ordinances or by-laws varying consolidating or replacing them and a reference to any Act or statute includes all regulations, proclamations, ordinances and by-laws issued under that Act or statute.

9.15. A thing includes the whole and each part of it;

9.16. A group of persons includes all of them collectively, any two or more of them collectively and each of them individually;

Schedule 1 – Student and Course Information

Item 1 Student: [include all prescribed student information]

Item 2 Course(s): [include all requisite particulars]

Item 3: Course Fees [include all course fees and costs payable (itemised)