Terms and Conditions – Education

Terms and Conditions

These Terms and Conditions (including the Offer and Schedules 1 and 2 to the Offer, which are expressly incorporated into, and form an integral part of, these Terms) govern the Business Customer’s access to and use of the Dashboard and the provision of the Training Products and Services. By accessing or using the Dashboard, the Business Customer agrees to be bound by these Terms and Conditions.

Definitions
Provision of the Dashboard
Business Customer’s General Obligations
Administrative Access
Enrolment Form and Payment
Accurate Representation of Self
Username and Password
Right of Appeal
Warranty
Indemnity
Definitions

In these Terms and Conditions, unless the context or subject matter otherwise requires:

Accredited Course means a CTW provided VET accredited course, as defined by the National Vocational Education and Training Regulator Act 2011, for which a nationally recognised VET qualification or VET statement of attainment can be issued.

Administrative Access means any usernames, passwords or other security mechanisms issued to the Business Customer by CTW in order for Administrators to access and use the Dashboard.

Administrators means those Personnel of the Business Customer who are authorised (provided with Administrative Access) by the Business Customer to access the Dashboard.

Authorisation means any consent, authorisation, registration, filing, lodgement, permit, licence, agreement, notarisation, certificate, permission, direction, declaration, authority or exemption issued by any Authority, or any other party under law which has a right to impose a requirement or whose consent is required with respect to these Terms or otherwise.

Authority means any national, state, provincial, regional, territorial, local or municipal government, ministry, governmental department, commission, board, bureau, agency, instrumentality, executive, legislative, judicial or administrative body, in each case with jurisdiction.

Business Customer means the company or entity entering into this agreement with

Business Customer Data means all documents, files and information: uploaded to, entered into or stored in the Dashboard; or otherwise supplied or made available to CTW, by the Business Customer or on the Business Customer’s behalf or any actual or potential Administrator, but excludes Learner

Business Day means a day, not being a Saturday, Sunday or public holiday, on which banks are generally open for business in Queensland, Australia.

Claim means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, Liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent.

Confidential Information means any information in any form whatsoever disclosed by CTW to the Business Customer; that is designated by CTW as confidential; that the Business Customer knows or reasonably ought to know is confidential (including any client or Learner information); or that is by its nature confidential (and in the case of CTW, includes all information relating to the Dashboard and any associated Source Code or other components and parts of the Dashboard).

Consequential Loss means: (i) loss of revenue, profits, opportunity to make profits, reputation or goodwill, business, business opportunity, use or amenity or loss of anticipated savings; (ii) special, exemplary or punitive damages; and (iii) any loss or Liability which does not directly and naturally flow in the normal course of events from the occurrence of the event giving rise to the liability for such loss, whether or not such loss was in the contemplation of the parties at the time of these Terms, including any of the above types of loss arising from an interruption to a business or activity.

Course means the Accredited Courses and Non-Accredited

Course Completion Documentation means VET qualification or VET statement of attainment (as defined in the National Vocational Education and Training Regulator Act 2011); state-based certificates; and certificates of completion, as applicable to the corresponding Course.

Course Fees means the corresponding fees (including any applicable Regulatory Fees) payable for the Courses undertaken by a Learner.

Course Outcome means a classification of “competent” or “not yet competent” with respect to a Learner’s completion of a Course.

Dashboard means the platform used by the Business Customer to procure and monitor Learners completing Courses.

Data Privacy Laws means all applicable laws now or in the future relating to data protection, privacy and information security, including all applicable international, regional, federal or national data protection laws, regulations and regulatory guidance.

Documentation means the documentation made available to the Business Customer in any format, including online or such other web address notified by CTW to the Business Customer from time to time which sets out the user instructions for the Dashboard.

Direct Competitor means any of the following:

    • a provider of any software system or platform which provides any of the functions of the Dashboard; and
    • any other person that:
      • owns, operates or is otherwise involved in a business or operation similar to or competitive with CTW’s business or the Dashboard; or
      • is involved in the sale, distribution or promotion of any goods or services which are similar to or competitive with CTW’s goods or services.

Effective Date means the date the Business Customer accepts these Terms and

Fees means the fees payable by the Business Customer to CTW in accordance with these Terms and Conditions, including the Subscription Fee, and (as applicable) Course Fees that are nominated to be paid by the Business Customer.

Force Majeure Event means an event beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation in accordance with these Terms. Such circumstances include: (adverse changes in government regulations; any disaster or act of God, lightning strikes, atmospheric disturbances, earthquakes, floods, storms, explosions, fires and any natural disaster; acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, cyber-attacks, viruses or malware, data loss as a result of the actions of a third party; strikes or industrial disputes; materials or labour shortage; and acts or omissions of any third party network providers (such as internet, telephone or power provider).

GST means: the same as in the GST Law; any other goods and services tax, or any tax applying to this transaction in a similar way; and any additional tax, penalty tax, fine, interest or other charge under a law of such a tax.

GST Law has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Indemnified Parties means CTW and its Related Entities (and their respective officers, shareholders, employees and agents).

Intellectual Property Rights means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

Learner means a person who enrols in, or undertakes, a Course via, or in connection with, the Dashboard.

Learner Data means the data pertaining to a Learner, made available on the Dashboard (if consented to by the Learner) being:

  • Learner first name and last name;
  • Learner email address;
  • Unit name and unit code;
  • Course progress status, e., ‘not yet started’, ‘in progress’, and ‘completed’;
  • Course Outcome; and
  • Course Completion Documentation, as

Liabilities means all liabilities (whether actual, contingent, or prospective), losses, damages, costs and expenses of whatsoever description.

New IP means any and all Intellectual Property Rights (including in relation to Source Code) created on and from the date of first access of the Dashboard and the provision of Training Products and Services, in the course of, or connection with, these Terms, the Dashboard, or the provision of Training Products and Services, but in all instances excluding Business Customer Data.

Non-Accredited Course means any course provided by CTW that is not an Accredited Course.

Obligation means any express or implied legal, equitable, contractual, statutory or other Obligation, agreement, covenant, commitment, duty, undertaking or liability.

Offer means the offer (in writing) to the Business Customer, by CTW of its Training Products, Dashboard and related Services.

Personal Information means any information, whether recorded in a material form or not, relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Personnel means officers, employees, secondees, agents, contractors, and

Privacy Policy means the CTW privacy policy available at CTW Privacy Policy or provided on request, as updated from time to time.

Regulatory Fees means any fees payable to an Authority by CTW in connection with the provision of a Course to a Learner, including registration and attainment of corresponding Course Completion Documentation.

Related Entities has the meaning given to that term in the Corporations Act 2001 (Cth).

Retention Period means a period commencing on the expiry of the Term and ends on the later of:

  • the date notified by the Business Customer to CTW in writing, which date must not be later than the date that is 2 years after expiry of the Term; and
  • the date that is 3 months after expiry of the

Security Incident means any actual or likely occurrence of accidental, unauthorised or unlawful destruction, loss, alteration, or unauthorised third-party access to or disclosure of Learner Data.

Services means the provision of access to the Dashboard, together with all other services that are provided by CTW to the Business Customer in connection with the Dashboard.


Source Code means computer programs expressed in a source language or form which can be interpreted or compiled and then executed by a computer as commands and all documentation and tools reasonably required to enable a person having commercially available computer programming skills to read, understand and modify such computer programs.

Subscription Fee means the annual fee payable by the Business Customer, as set out in the Offer.

System Outage includes outages, unavailability, inaccessibility, or down time to the Dashboard.

Taxation or Tax means and includes:

  • all taxes levied, imposed or assessed under the Income Tax Assessment Act 1936, the Income Tax Assessment Act 1997, GST Law or any other law in Australia or elsewhere;
  • superannuation guarantee and superannuation guarantee charge under the SGA;
  • all taxes in the nature of sales tax, consumption tax, value-added tax, GST, payroll tax, group tax, PAYG tax, undistributed profits tax, fringe benefits tax, recoupment tax, withholding tax, land tax, water rates, municipal rates, stamp duties, gift duties or other State, Territorial, Commonwealth or municipal charges or impositions levied, imposed or collected by any Government Agency; and
  • any additional tax, interest, penalty, charge, fee or other amount of any kind assessed, charged or imposed in relation to the non, late or short payment of the same or the failure to file any return.

Taxable Supply means any supply made by a party as a consequence of a transaction contemplated by these Terms and Conditions in respect of which another party is or becomes liable to pay GST.

Terms and Conditions or Terms means these Terms and Conditions, as updated by CTW from time to time.

Term means the period commencing on the Effective Date and expiring after the number of months/years specified in the Offer, unless this agreement is terminated earlier in accordance with these Terms and Conditions.

Business Customer Regulatory Obligations means the allocation of responsibilities of the parties, as set out in the Offer.

Third Party Platforms means servers, platforms, software and hardware supplied or made available by third parties.

Third Party Provider means a third-party provider of servers, platforms, software and hardware which are utilised by CTW in the providing the Services.

Training Products means the Courses and all associated courseware materials, modules, assessment tools, student handbook and related materials.

Provision of the Dashboard

CTW will provide the Business Customer with the Services and use of the Dashboard during the Term on the terms set out in these Terms and Conditions.

During the Term, CTW grants the Business Customer a non-exclusive right to use and permit Administrators to use the Dashboard and the Documentation for the Business Customer’s own business purposes on the terms set out in these Terms and Conditions.

The Business Customer acknowledges and agrees that CTW may supply products or services similar to or the same as the Dashboard and related Services to its customers or other third parties in its sole and absolute

The Business Customer acknowledges and agrees that:

  • The Business Customer must ensure that all Administrators accept and comply with (and will be bound by) all terms and conditions (and any other rules, protocols or policies) implemented or imposed by CTW in connection with the Dashboard or Services from time to time, including these Terms and Conditions and the Privacy Policy;
  • CTW may amend, supplement, or replace these Terms and Conditions and the Privacy Policy (and any other terms and conditions, rules, protocols or policies) from time to time by posting the amended or new Terms and Conditions or Privacy Policy (or other terms and conditions, rules, protocols or policies), as the case may be, to CTW’s website and, where reasonably practicable, by email notification;
  • unless otherwise noted by CTW, the amended or new Terms and Conditions and the Privacy Policy (or other terms and conditions, rules, protocols or policies) as the case may be, will become effective immediately after they are posted; and
  • if the Business Customer or Administrators do not agree to the amended or new Terms and Conditions and the Privacy Policy (or other terms and conditions, rules, protocols or policies) as the case may be, the Business Customer must immediately stop using the Dashboard and notify CTW in writing.
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Business Customer’s General Obligations

The Business Customer must:

  • provide CTW with all information and co-operation reasonably necessary to enable CTW to provide the Services;
  • provide and maintain the appropriate technology, equipment, and facilities to enable the Business Customer to access and use the Dashboard; and
  • promptly notify CTW of any event or incident that is likely to or will impact on access and use of the Dashboard, the provision of the Services or any other obligation of CTW.
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The Business Customer must not, and must not permit others to:

  • use the Dashboard in an unlawful manner at any time;
  • use the Dashboard to send or distribute any messages, materials or content that may be considered to be unlawful;
  • access any Learner Data without the prior consent of the Learner;
  • engage in any illegal or unethical business practice;
  • remove or tamper with any legal or copyright notices on, or contained in, the Dashboard;
  • do anything which could adversely impact on the operation of the Dashboard or
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Administrative Access

The Business Customer is responsible for all access and use of the Administrative Access whether or not authorised by the Business Customer, and the Business Customer must:

  • maintain the confidentiality of the Administrative Access;
  • take all reasonable security measures to ensure that each Administrative Access is not disclosed to any person, other than to Administrators; and
  • ensure that each person accessing and using the Dashboard, the Services, or the Documentation in any way:
    • is aware of, and complies with, all of the Business Customer Obligations under these Terms and Conditions (including those Obligations regarding use of and access to the Dashboard, the Services and the Documentation); and
    • does not do any act, matter or thing which, if done by the Business Customer, would constitute a breach of the Obligations on the part of the Business Customer under these Terms and Conditions.

The Business Customer is responsible for all Administrators’ use of and access to the Dashboard (including level of access).

Enrolment Form and Payment

To start an online course, you must complete the Course Payment section and Enrolment Form and provide payment to Clear to Work Pty Ltd. Once this has been completed, you will receive confirmation of payment via email. It is important to provide a current and valid email address. If you do not receive the email, please check your junk/spam folder.u00a0

Accurate Representation of Self

You agree not to impersonate or represent any other person than the person on the Enrolment Form. All course assessments must be completed by the enrolled student. Making false or misleading representations that you are another person or character is a criminal offence and can give rise to civil liability.

Username and Password

The username and password will only be issued to the course participant nominated on the Enrolment Form. Under no circumstances can another person activate or use the username and password.

Right of Appeal

Should a participant be assessed as u2018Not Yet Competentu2019 in any performance criteria, they are not able to progress to the next section of the training program and are directed to repeat the learning and assessment. If they are still u201cNot Yet Competentu201d, they are advised to contact the Clear to Work Pty Ltd support team via email – support@cleartowork.com.au – for assistance from a trainer/assessor for additional support and guidance. Participants have the right to request an independent assessment from another RTO at their own cost if they remain dissatisfied with the Clear to Work Pty Ltd assessment.

DISCLAIMERS

Course information is provided on the following basis.

You agree that Clear to Work Pty Ltd will provide the course, including access to the website on the following basis:

To use the Clear to Work Pty Ltd website you will need to access the internet, including related equipment, and software.

Clear to Work Pty Ltd is not responsible for any problems caused to or by your equipment, including any virus or related problems with your use of the Clear to Work Pty Ltd websites. You are responsible for any connecting or accessing fees, and for installing, maintaining, and operating your own equipment. Clear to Work Pty Ltd makes no warranties or interpretations that the website(s) contents and course information will meet your requirements.

You acknowledge and agree that all of the intellectual property rights in the Clear to Work Pty Ltd website are owned by Clear to Work Pty Ltd. Any unauthorised copying, reproduction, communication or translation of the Clear to Work Pty Ltd website may infringe Clear to Work Pty Ltd intellectual property rights and may result in liability.

Links from Clear to Work Pty Ltd websites to other websites should not be construed as an endorsement, approval or recommendation by Clear to Work Pty Ltd of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites.

Warranty

The Clear to Work Pty Ltd website and all material within, are provided on an as is basis without any warranties of any kind. Except as provided by the prescribed terms, all warranties either express or implied by law, in any way relating to the website or its materials, are excluded. In addition, Clear to Work Pty Ltd does not warrant that the website will operate error free or that this website and its servers are free of computer viruses and other harmful goods. If you experience any damage or liability through the use of the Clear to Work Pty Ltd website or the materials therein, Clear to Work Pty Ltd will not be responsible for the costs relating to repair, servicing or any other associated costs.

Indemnity

You indemnify, defend and hold harmless, Clear to Work Pty Ltd and its directors, agents & employees, with respect to any claim, demand, cause of action, liability, loss, damage, expense (including legal fees) and cost incurred by you or a third party because of any error in any information, opinion or recommendation in this site.