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.
By remaining on the Website, you accept the fact that the Website uses cookies to provide you with a better experience. These cookies allow us to increase your security by storing your session ID and are a way of monitoring single user access. This aggregate, non-personal information is collated and provided to us to assist in analysing the usage of the site.
1.Definitions
1.1.’Application’ means an application prepared by Skills Certified, as part of provision of the Services, that includes the documentation and information provided by you for submission to a RTO.
1.2.‘Application Date’ means the date of the deposit or Service fee is paid to Skills Certified.
1.3.‘Application Period’ means the 24-week period immediately following the Application Date.
1.4.‘Assessment” means the process of confirming a person’s competence against a unit of competency from an AQF qualification.
1.5.‘Candidate’ means a person who wishes to undertake a Skills Assessment.
1.6.‘Customer’ means a person who wishes to begin an application with Skills Certified.
1.7.‘Extension Period’ means a four-week period after the Application Period. Skills Certified reserve the right to decline the Extension Period application. If the application is accepted, there is a $200 fee payable before the Extension Period commences.
1.8.‘Partner’ means an organisation that is an RTO, who undertakes the RPL process in partnership with Skills Certified, and issues the certification.
1.9.‘Personal Information’ means any information that is capable of identifying an individual.
1.10.‘Qualification’ means nationally recognised certification, issued by one of our partner RTOs.
1.11.‘Recognition of Prior Learning’ (RPL) means an assessment process / methodology used to confirm a person’s competence against a set criteria known as a Unit of Competency.
1.12.‘Refund Period’ means the 4-week period immediately following the Application Date.
1.13.‘RTO’ means a Registered Training Organisation.
1.14.’Services Fee’ means the fee payable by you to Skills Certified for the provision of the Services.
1.15.’Services’ means the assistance carried out by Skills Certified to help identify and collate information and materials reasonably necessary to be a position to undertake Skills Assessment.
1.16.‘Skill Screening’ means the process undertaken to determine a potential customers readiness to undertake the RPL process.
1.17.‘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.
1.18.’Terms’ means these terms and conditions of use.
1.19.‘Website’ means the website https://www.skillscertified.com.au and any other website owned or operated by Skills Group Australia Pty Ltd.
1.20.‘You’ and ‘your’ refers to an individual, company or organisation that has visited, read or is using the Website and/or the associated products or services.
2.About the Website
2.1.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.
2.2.By browsing the Website or progressing through the Skills Certified online screening tool you agree that you have read, understood and agree to be bound by these Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
2.3.Skills Certified reserves the right to review and change any of the Terms by updating this page at any time 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
By remaining on the Website, you accept the fact that the Website uses cookies to provide you with a better experience. These cookies allow us to increase your security by storing your session ID and are a way of monitoring single user access. This aggregate, non-personal information is collated and provided to us to assist in analysing the usage of the site.
5.Registration to use the Services
5.1.In order to access the Services, you must either register online or contact Skills Certified directly by telephone.
5.2. You authorise Skills Certified to use the information you provide to contact you in relation to the Services.
5.3.As part of the registration process, or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification or contact details), including:
(a)an email address;
(b)your full name;
(c)a mailing address; and
(d)a telephone number.
5.4.You confirm that any information you give to Skills Certified in the course of completing the registration process is accurate, correct and up to date.
5.5.You may not use the Services and may not accept the Terms if:
(a)you are not over the age of 18;; or
(b)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
6.1.As a User, you agree to comply with the following:
(a)you will use the Services only for purposes that are permitted by:
(i)the Terms; and
(ii)any applicable law, regulation or generally accepted practices or guidelines in Australia;
(b)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;
(c)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;
(d)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;
(e)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;
(f)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;
(g)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
(h)you acknowledge and agree that any automated use of the Website or its Services is prohibited.
7.Payment
7.1.The Services Fee is payable in full to Skills Certified upon you instructing Skills Certified to proceed with the provision of Services.
7.2.Skills Certified may, in its absolute discretion, accept payment of a deposit to commence the Services.
7.3.The full Services Fee must be paid in full prior to Skills Certified lodging your Application with a RTO.
7.4.Skills Certified will not lodge a completed application with a RTO on your behalf until the Services Fee has been paid in full. If you fail to pay the full Services Fee within (30) days of demand by Skills Certified, then any deposit is automatically forfeited to Skills Certified.
7.5.Where the option is given to you, you may make payment for the Services by way of:
(a)Electronic funds transfer (EFT) into our nominated bank account
(b)Credit Card Payment.
(c)PayPal Payment
7.6.All payments made in the course of your use of the Services are made using eWay / PayPal / bank transfer.
7.7.In using the Website, the Services or when making any payment in relation to your use of the Services, eWay and Paypal have their own terms and conditions that apply to their services.
7.8.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 then you are liable for any costs, including banking fees and charges, associated with that payment or failure to process that payment.
8.Refund Policy
8.1.Where a deposit is paid by you to Skills Certified, the deposit will only be refunded to you if:
(a)subject to clause 8.3, you notify Skills Certified in writing that you no longer wish to proceed with the Services and have submitted a complete Refund Request Form to [email protected] the written notification is received by Skills Certified within four (4) weeks of your application date or before submission of your application for Assessment to a Partner RTO, whichever is sooner; or
(b)an assessor from a Partner RTO reviews the information and documentation that we have asked to you collate and provide within the Application Period, and determines that:
(i)the RTO is unable to issue you with a qualification; or
(ii)you are not eligible to be issued with a qualification; or
(c)you are entitled to a refund under Australian Consumer Law (ACL); or
(d)Skills Certified elects to terminate these Terms under clause 16.3(c).
8.2.Where the full Services Fee is paid upfront by you to Skills Certified, that fee will only be refunded to you if:
(a)subject to clause 8.3, you notify Skills Certified in writing that you no longer wish to proceed with the Services and have submitted a complete Refund Request Form to [email protected] the written notification is received by Skills Certified within four (4) weeks of your application date or before submission of your application for Assessment to a Partner RTO, whichever is sooner; or
(b)an assessor from a Partner RTO reviews the information and documentation that we have asked to you collate and provide within the Application Period, and determines that:
(i)the RTO is unable to issue you with a qualification; or
(ii)you are not deemed competent to be issued a qualification; or
(c)you are entitled to a refund under Australian Consumer Law (ACL); or
(d)Skills Certified elects to terminate these Terms under clause 16.3(c).
8.3.In all other circumstances, any deposit or Services fee paid by you is non-refundable. For the avoidance of doubt, if you are unable to provide the information and documentation we have asked you to provide within six months of the Application Date payment of the deposit or the Services fee and have not otherwise elected to seek refund of the deposit or full Services Fee, then that deposit or full Service Fee will be forfeited to us.
8.4.After the 6-month Application Period has lapsed, the deposit or full Service Fee will be forfeited to us.
8.5.Refund requests can be declined at any time by Skills Certified in the event of regulatory changes governing Skills Certified and/or it’s partner RTOs.
8.6.The Application Cancellation Form must be completed in full and submitted to [email protected] within the Refund Period for Skills Certified to review.
8.7.All refunds will be made within 14 calendar days of the date that Skills Certified receives a written refund request completed Refund Request Form from you.
8.8.If you wish to appeal the outcome to a Refund Request, please do so by emailing [email protected]
8.9.Complaints will be responded to within 7 calendar days of receipt.
9. Extension Policy
9.1. If the Application Period has lapsed, a four-week extension may be applied for. This will incur a $200 extension fee which is payable prior to the Extension Period commencing. Skills Certified reserve the right to decline this extension application at their discretion.
9.2.Applications for an Extension Period are to complete and Extension Request Form and the completed form is to be submitted to [email protected]
10.Recovery
10.1.You must pay us interest on any overdue amounts, calculated on the daily balance commencing from the due date for payment at a rate of 1% per month.
10.2.If any payment is overdue or any cheque is dishonoured or has to be re-presented, you must also pay or reimburse us for any reasonable costs or expenses we incur as a consequence or in seeking to recover payment. Recoverable costs and expenses include but are not limited to – dishonour fees; re-presentation fees; fees and commission charged by debt recovery agents; and legal fees.
10.3.Skills Certified may, without seeking your consent, assign any debt owed to it by you, to a debt recovery agency. If the debt is assigned, you will be liable to pay the debt recovery agency directly, and may be liable for any additional charges or fees charged or incurred by them.
11.Copyright and Intellectual Property
11.1.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.
11.2.You are permitted to:
(a)use the Website pursuant to the Terms;
(b)copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c)print pages from the Website for your own personal and non-commercial use.
11.3.Skills Certified does not grant you any rights in relation to the Website or the Services other than those specified in 11.2 above. All other rights are expressly reserved by Skills Certified.
11.4.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:
(a)business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b)a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c)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.
11.5.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.
12.Collecting Personal Information
12.1.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.
12.2.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.
12.3.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.
12.4.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.
12.5. 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.
12.6.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.
12.7.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.
13.Privacy
13.1.At Skills Certified Australia we respect the privacy of every individual who visits our website.
13.2.Skills Certified takes your privacy seriously and any information provided through your use of this Website and/or our Services is subject to Skills Certified’s Privacy Policy, which is available on the Website.
13.3.By using this site, you agree to the Privacy Policy of this web site which relates to the collection and use of personal information you may supply to us through your conduct on the web site.
13.4.We reserve the right, at our discretion, to modify or remove portions of the Privacy Policy at any time. The Privacy Policy is in addition to any other terms and conditions applicable to the web site. We do not make any representations about third party web sites that may be linked to the web site.
13.5.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.
13.6.If you have any further queries relating to our Privacy Policy, or you have a problem or complaint, please contact us. For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s web site; www.privacy.gov.au
14.General Disclaimer
14.1.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.
14.2.Subject to this clause, and to the extent permitted by law:
(a)all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b)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.
14.3.Use of the Website and the Services is at your own risk. To the extent permitted by law, 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:
(a)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;
(b)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);
(c)costs incurred as a result of you using the Website, the Services or any of the products of Skills Certified; and
(d)the Services or operation in respect to links which are provided for your convenience.
15.Limitation of liability
15.1.To the extent permitted by law, 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.
15.2.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
16.1.The Terms will continue to apply until terminated by either you or by Skills Certified as set out below.
16.2.If you want to terminate the Terms, you may do so by:
(a)providing Skills Certified with 10 days’ notice of your intention to terminate; and
(b)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.
16.3.Skills Certified may at any time, terminate the Terms with you if:
(a)if you have breached any provision of the Terms or intend to breach any provision;
(b)if Skills Certified is required to do so by law;
(c)on thirty (30) days’ notice to you.
16.4.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.
17.Indemnity
17.1.To the extent permitted by law, you agree to indemnify Skills Certified, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a)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 breach of these Terms;
(b)any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c)any breach of the Terms.
18.Dispute Resolution
If you become aware of any ongoing concerns or problems with our web site or Services please contact us at [email protected] or Level 1, 120 Chalmers Street, Surry Hills, NSW 2010 and we will take your concerns or problems seriously and work promptly to try and address your concerns.
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.
22.Severance
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.
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