Terms and Conditions – Skill Bundles

Terms and Conditions of Skill Set Enrolment

TAFE NSW - Open Training and Education Network (RTO 90004) – trading as Open Training and Education Network (OTEN)

These Terms and Conditions contain important information which you as the prospective student should read carefully.

The Terms and Conditions are divided into two sections:

  • The first section is called "Definitions” (page 1-2) and sets out words that have a specific definition where used in these Terms and Conditions
  • The second section is called "General” (pages 2-8) and sets out the general Terms and Conditions.

Definitions

“Course” means any course, unit or units of learning you purchase from SEEK Learning.

“Skill Set” means a selected group of units of learning that you purchase from SEEK Learning to achieve a particular learning outcome.

"Course End Date" The date on which your course is due to expire.

“Course Fees” means the amount payable by you for your Online Course and to purchase any course materials (if they are applicable to your course) receivable on or shortly after enrolment. This includes the relevant Tuition Fees.

“Course Materials” means all material provided through OTEN to you following your enrolment in a Course, including but not limited to:

  • online learning material (including login passwords);
  • assessments and examinations (which may be provided online);
  • CDs, DVDs or similar media; Mentoring and tutoring (which may be provided online); and
  • required texts and/or other written material.

“Delivery Address” means the address nominated by you at the time of enrolment.

“Enrolment” means your enrolment in a Course, and is subject to:

  • you providing all necessary information to enable SEEK Learning to facilitate and confirm your application for enrolment in a Course;
  • payment of the Course Fees; and
  • the final approval of your enrolment by OTEN (as provided for in these Terms and Conditions).

“Enrolment Date” means the date on which your Enrolment is confirmed by OTEN.

“GST” means Goods and Services Tax (GST).

“Online Learning Support system (OLS)” means an internet based system hosted by OTEN for delivery and management of the Course. The OLS may include, but is not limited to, online learning material, online mentoring and tutoring and online assessments and examinations.

“Program Rules” include any rules, regulations, standards policies, codes and guidelines prescribed and/or endorsed by the Training Provider as in force from time to time.

“SEEK Learning” means SEEK Learning Pty Ltd (ACN 084 202 719) a subsidiary of SEEK Ltd (ACN 080 075 314).

“Service” means the enrolment of you into the Course facilitated by SEEK Learning.

“Training Provider” means the training organisation or entity that is responsible for the development, delivery, maintenance and management of the Course and Course Materials.

“Training Provider Conditions of Enrolment” means the Training Provider’s Terms and Conditions of enrolment in the Course, a copy of which has been provided to you.

“Vocational Education and Training (VET)” means post-compulsory education and training (excluding degree and higher level programs delivered by further education institutions) which provides people with occupational or work-related knowledge and skills.

"Website" means the SEEK Learning website located at url http://www.seeklearning.com.au

General

You acknowledge and agree that your Enrolment and participation in any Course is subject to these Terms and Conditions and OTEN’s Conditions of Enrolment.

SEEK Learning is a subsidiary of SEEK Ltd. SEEK Learning acts as an agent for the Training Provider that is represented in this document and receives a commission from them for each enrolment.

Prior Approval by Training Provider

You acknowledge and agree that your Enrolment in any Course is subject to the final approval of OTEN and that such approval may be given or withheld at the sole discretion of the Training Provider. In the event that your Enrolment is rejected by OTEN, you will be provided with a full refund of any Course Fees that you may have paid to SEEK Learning within 14 business days from the date OTEN advises SEEK Learning of the rejection of your Enrolment.

Course Fees

Your Enrolment is subject to the payment of the Course Fees. Subject to any exception outlined below, the Course Fees cover online delivery of courseware and any Course Materials applicable to your course that are received by you on or shortly after enrolment. Course Fees are GST inclusive where GST is applicable.

There are a number of options for payment of Course Fees including:

  • upfront payment by bank transfer or credit card; and
  • Interest free payment plans which are subject to relevant terms and conditions.

Course Fee Exclusions

Course Fees do not include personal stationery, and may not include additional prescribed texts or equipment required for the Course and any other study related material you may elect to purchase, or which may be recommended, (but not compulsory), for completion of the Course. If you have any concerns in this regard then prior to enrolment you should check with SEEK Learning or OTEN about additional expenses that may be incurred by you in completion of the Course.

Non-transferable

Your Enrolment in a Course is personal to you and may not be transferred to any other person for any reason whatsoever.

Delivery of Course Materials

OTEN will use its best endeavours to deliver the initial Course Materials to the Delivery Address within 15 business days from the Enrolment Date.

SEEK Learning and/or OTEN will not be responsible for the costs of any redirection of the Course Materials where you fail to:

  • provide your correct delivery address; or
  • notify SEEK Learning or OTEN of any change to the Delivery Address prior to the dispatch of the Course Materials.

Unique Student Identifier (USI)

All students undertaking nationally recognised courses are required to obtain a Unique Student Identifier (USI) from the Commonwealth Government.

In order to complete your enrolment you will need to provide your USI number to your SEEK Learning consultant. Please visit the USI website http://www.usi.gov.au to create your USI.

Queries and Complaints

Any queries or complaints relating to the Course should be directed to OTEN. Upon request, SEEK Learning will provide the relevant contact details for the direction of such queries and complaints.

For more information on SEEK Learning’s complaints process, please click here

Assessments

The mode of assessment varies from Course to Course and may include online assessments, submission of written assessments and examinations (or any combination thereof). You should note that OTEN reserves the right to change the mode of assessment applicable to a Course at any time in their sole discretion, including after your Enrolment.

Where you are required to write examinations to complete your Course, you may need to find suitable supervision.

Changes in line with national industry standards to course

If during your Enrolment:

  • The qualification in which you are enrolled is updated in line with national industry standards; or
  • Due to unforeseen circumstances the qualification in which you are enrolled is discontinued;

OTEN reserves the right to transition you into an alternate course. If this becomes necessary, OTEN will advise you of the change and the arrangements which will be available for you to complete your course, these changes may impact your course duration.

Time Limits

Subject to changes under the circumstances referred to above you are required to complete your course within the time limit prescribed by OTEN, as set out in Appendix 1, from the Enrolment Date.

Students may apply in writing directly to OTEN to request additional time beyond the prescribed time limit to complete their Course. The additional time periods per course are set out in Appendix 1. For a student to qualify for an additional time to complete their Course they must have completed at least 50% of the Course assessment by the end of the time limit.

Requests for additional time will be considered on a case by case basis. Factors that may be considered by OTEN in determining whether to grant additional time include:

  • Performance standard achieved in the completed units;
  • Student participation rates (amount of student initiated contact and visits to/time spent on the Online;
  • Learning Support (OLS); and
  • Teachers’ and Head Teachers’ appraisal of the student’s capacity to complete.

Refunds and Withdrawals

To the maximum extent permitted by law, SEEK Learning and OTEN has no liability to provide you with a refund of the Course Fees paid (in whole or in part).

In some exceptional circumstances withdrawals for a Course are permitted. If, following Enrolment, you would like further information on this process please contact SEEK Learning by emailing: withdrawals@seeklearning.com.au

Copyright and Intellectual Property

All Course Materials are protected by copyright and are intended only for your individual learning purposes.

You must not publish copy, sell, broadcast or otherwise reproduce or distribute any of the Course Materials otherwise than as permitted by law.

Course Materials provided to you may contain licence agreements. Your enrolment is subject to your compliance with any applicable licence agreements.

You indemnify and release SEEK Learning in respect of any action or claim that may arise as a result of your use of any Course Materials otherwise than in accordance with these terms and conditions.

No Warranty or Guarantee as to Career Advancement and Improved Remuneration

SEEK Learning does not represent, warrant or guarantee (expressly or impliedly) that your Enrolment, or completion of any Course, will result in, or improve the likelihood of, you securing any kind of employment or other benefit.

Where you are employed or engaged as an employee or consultant, SEEK Learning does not represent, warrant or guarantee (expressly or impliedly) that your Enrolment, or completion of any Course will result in, or improve the likelihood of, you receiving an increase of remuneration or any other benefit.

You are solely responsible for ensuring that the purchase of, and your Enrolment in, any Course is appropriate to your specific needs and objectives.

No Warranty Guarantee as to Successful Completion of Course

SEEK Learning does not represent, warrant or guarantee (expressly or impliedly) that you will meet assessment criteria and successfully complete the Course.

Whilst every effort is made by SEEK Learning and OTEN to ensure that the Course Materials are accurate and sufficiently detailed to allow you to attain the competency, skills and knowledge to meet assessment requirements and complete the Course, you are solely responsible for ensuring that you undertake the steps required to meet and fulfil all Course requirements.

Further, SEEK Learning does not represent, warrant or guarantee that the Training Provider will run the Course you have enrolled in to its completion.

Computer Compatibility

SEEK Learning strongly recommends that before enrolling in any Course you confirm the compatibility of your computer system with the Course Materials that may be supplied in CD or DVD format and/or via the OLS.

SEEK Learning accepts no responsibility for the incompatibility of Course Materials with your computer system.

For the avoidance of doubt, SEEK Learning will not refund Course Fees on the basis of incompatibility of the Course Materials with your computer system.

Errors in the Course Material

Whilst every effort is made by SEEK Learning and OTEN to ensure the accuracy of Course Materials, SEEK Learning does not represent, warrant or guarantee that Course Materials will be error free, accurate and/or up to date at all times.

For the avoidance of doubt, SEEK Learning will not refund Course Fees on the basis that Course Materials were not error free, accurate and/or up to date.

Access to Online Learning System

SEEK Learning and OTEN will use reasonable endeavours to ensure that the Online Learning System is accessible by you.

However, SEEK Learning provides no warranty that the OLS is accessible by you.

Privacy

SEEK Learning recognises the importance of your privacy and is committed to protecting any personal information we collect about you in accordance with the Australian Privacy Principles.

For further details of how we collect, use, disclose and store your personal information, please refer to our Privacy Policy (at http://www.seeklearning.com.au/privacy-statement). The Privacy Policy is incorporated into these Terms and Conditions by this reference.

Information Does Not Represent Professional Advice

The material provided on the Website and by our consultants is provided as general information only. It is not intended as professional advice and must not be relied upon as such.

Prior to entering into a transaction or taking any particular course of action in connection with the Website, you should make your own enquiries and seek independent advice tailored to your specific circumstances and objectives.

Inconsistency

If these Terms and Conditions conflict with any other document, agreement or arrangement (including OTEN’s Terms and Conditions), these Terms and Conditions prevail to the extent of the inconsistency.

Limitation of Liability

SEEK Learning does not exclude any rights or remedies available to you under the Competition and Consumer Act 2010 (Cth) or equivalent State legislation that cannot be excluded or restricted.

To the maximum extent permitted by law, SEEK Learning is not liable (whether in contract, negligence or otherwise) for any loss or damage arising from, or in connection with, your purchase of, or Enrolment in, a Course, or the use of any Course Materials.

To the maximum extent permissible by law, SEEK Learning’s liability for breach of any implied warranty or conditions that cannot be excluded is restricted, at SEEK Learning’s option, to:

  • the re-supply of the Course or Course Materials; or
  • the cost of the re-supply of the Course or Course Materials; or
  • any amount paid by you to SEEK Learning in respect of the Course or Course Materials.

You agree that in no circumstances will SEEK Learning be liable for any indirect, incidental, special and/or consequential losses or damages of whatever nature arising out of or in any way connected with, your purchase of, or your Enrolment in a Course, or the use of any Course Materials (including, but not limited to, losses or damages arising out of, or attributable to, an act or omission by SEEK Learning).

Further, SEEK Learning is not liable (whether in contract, negligence or otherwise) for any loss or damage arising from, or in connection with, the failure of the Training Provider to complete the Course you have enrolled in for any reason, including (without limitation) on account of the Training Provider ceasing to operate its business or becoming insolvent.

Severability

If any part of these Terms and Conditions is held invalid, illegal or unenforceable, that part shall be severed and the remainder will continue to be valid and enforceable.

Governing Law

These Terms and Conditions constitute an agreement between you and SEEK Learning in respect of the Service. This Agreement is governed by the laws of New South Wales, Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and their respective courts of appeal.

Reservation of Rights

Any rights not expressly granted to you herein are reserved by SEEK Learning.

Appendix 1 – Further Information on Time Limits

Course Code Course Title Maximum Course Duration (Months) Additional Time Available (Months)
357-R1002 Skill Set for Diploma of Travel and Tourism entry (1 unit) 3 1
357-R1007 Skill Set for Diploma of Travel and Tourism entry (8 units) 12 6
FNSSS00004 Statement of Attainment in BAS Agent Registration Skill Set 6 2
357-R7015 Statement of Attainment in Certificate IV WHS core units 9 3