- ‘Assessment” means to process of confirming a person’s competence against a unit of competency from an AQF qualification.
- ‘Candidate’ means a person who wishes to undertake a skills assessment.
- ‘Customer’ means a person who wishes to enrol into a qualification through one of our partner RTOs.
- ‘Partner’ means an organisation that is an RTO, who undertakes the RPL process in partnership with Skills Certified, and issues the certification.
- ‘Personal Information’ means any information that is capable of identifying an individual.
- ‘Qualification’ means nationally recognised certification, issued by one of our partner RTOs.
- ‘Recognition of Prior Learning’ (RPL) means an assessment process / methodology used to confirms a persons competence against a set criteria known as a Unit of Competency.
- ‘RTO’ means a Registered Training Organisation.
- ‘Skill Assessment’ means the process undertaken to determine a potential customers rediness to undertake the RPL process.
- ‘Skills Certified’ means Skills Group Australia Pty Ltd ACN 610 545 081 trading as Skills Certified Australia Pty Ltd ABN 34 610 545 081. Skills Group Australia Pty Ltd trading as Skills Certified Australia Pty Ltd is not an RTO and does not issue AQF certification.
- ‘Website’ means the website https://www.skillscertified.com.au and any other website owned or operated by Skills Group Australia Pty Ltd.
- ‘You’ and ‘your’ refers to an individual, company or organisation that has visited, read or is using the Website and/or the its associated products or services.
2. About the Website
- This website is a platform designed to assist members of the public who wish to convert their experience into a nationally recognised qualification through a partnership with Skills Certified and a partnering RTO.
- The Website is operated by Skills Group Australia Pty Ltd ACN 610 545 081. Access to and use of the Website, or any of its associated Products or Services, is provided by Skills Certified. Please read these terms and conditions carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- Skills Certified reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Skills Certified updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
3.Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Skills Certified in the user interface.
4. Cookies and Applets
5. Registration to use the Services
- In order to access the Services, you must first register for an account through the Website.
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- an email address
- preferred username
- a mailing address
- a telephone number
- You warrant that any information you give to Skills Certified in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms.
- You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Skills Certified; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
6. Your obligations as a User
- As a User, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Skills Certified of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Skills Certified providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Skills Certified;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Skills Certified for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- Where the option is given to you, you may make payment for the Services by way of:
- Electronic funds transfer (EFT) into our nominated bank account
- Credit Card Payment.
- PayPal Payment
- All payments made in the course of your use of the Services are made using eWay / PayPal / bank transfer.
- In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the eWay / PayPal terms and conditions which are available on their website.
- You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
- You agree and acknowledge that Skills Certified can vary the Services Fee at any time.
8. Refund Policy
- Skills Certified has a responsibility to protect the fees paid by candidates.
- Skills Certified will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Skills Certified makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances.
- Skills Certified must refund the proportion of fees paid for services not yet delivered.
- Candidates are eligible for a full refund of any fees paid where they withdraw or cancel their RPL application in writing.
- Candidates are eligible for a refund in the following unlikely situations:
- any RTO ceases to operate
- any RTO ceases to deliver the RPL application in which a student is enrolled and so the agreement is terminated in either of these situations.
- Skills Certified will automatically conduct a refund assessment of all affected candidates and issue any refunds due accordingly. In these cases there is no need for a student to make an application for a refund.
- Skills Certified Australia will refund 100% of funds paid if you give notice to cancel your RPL application before evidence is submitted to the assessor. Discretion may be exercised by the Operations Manager if there is extenuating or significant personal circumstance that led to your withdrawal.
- If you give notice to cancel your enrolment after a RPL application has lodged, you will not be entitled to a refund of fees.
- To obtain a refund you are required to give written notice to cancel your enrolment application and complete a Refund Request Form. Written notice may be in the form of an email or letter. Where refunds are approved, the refund payment will be paid via electronic funds transfer using the authorised bank account nominated by you. This payment will be made within 14 days from the time you gave written notice to cancel your enrolment.
9. Copyright and Intellectual Property
- The Website, the Services and all of the related products of Skills Certified are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Skills Certified or its contributors.
- Any trademarks, service marks and trade names are owned, registered and/or licensed by Skills Certified, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a user to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device's cache memory; and
- print pages from the Website for your own personal and non-commercial use. Skills Certified does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Skills Certified.
- Skills Certified retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
- You may not, without the prior written permission of Skills Certified and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
10. Collecting Personal Information
- Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that our policies will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
- We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
- We will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
- As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. To do this it may be necessary for you to provide additional information to us as detailed below.
- Registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, option on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your account.
- Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Information is gathered in aggregate only and cannot be traced to an individual user.
- At Skills Certified Australia we respect the privacy of every individual who visits our website.
- We provide links to Websites outside of our Websites, as well as to third party sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Website and its privacy statement.
12. Use of Personal Information
- Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
- We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.
13. Access to Personal Information
- We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.
- Our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
14. General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Skills Certified will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Skills Certified make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Skills Certified) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of Skills Certified; and
- the Services or operation in respect to links which are provided for your convenience.
15. Limitation of liability
- Skills Certified's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that Skills Certified, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
16. Termination of Contract
- The Terms will continue to apply until terminated by either you or by Skills Certified as set out below.
- If you want to terminate the Terms, you may do so by:
- providing Skills Certified with 30 days' notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where Skills Certified has made this option available to you.
Your notice should be sent, in writing, to Skills Certified via the 'Contact Us' link on our homepage.
- Skills Certified may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Skills Certified is required to do so by law;
- the provision of the Services to you by Skills Certified is, in the opinion of Skills Certified, no longer commercially viable.
- Subject to local applicable laws, Skills Certified reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Skills Certified's name or reputation or violates the rights of those of another party.
- You agree to indemnify Skills Certified, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
18. Dispute Resolution
If we become aware of any ongoing concerns or problems with our web sites, we will take these issues seriously and work to address these concerns.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in New South Wales, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
If 45 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
19. Venue and Jurisdiction
The Services offered by Skills Certified is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales (NSW), Australia.
20. Governing Law
The Terms are governed by the laws of New South Wales (NSW), Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales (NSW), Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
21. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.