Terms and Conditions for the Provision of RPL Services

TERMS AND CONDITIONS FOR THE PROVISION OF RPL SERVICES

This document sets out the contractual basis upon which we provide our RPL Services to Applicants.

1. BACKGROUND
   
   • Registered Training Organisations are authorised by the Australian Skills Quality Authority to award Qualifications within their Scope of Registration.
   • One way for someone to obtain a Qualification is to enrol and participate in a course offered by a Registered Training Organisation aimed at equipping students with the necessary skills and learning required to show competency in the necessary components or units of the Qualification.
   • However, the acquisition of skills and learning does not only occur in a classroom or formal context. People can obtain skills and learning in a field through, for example, their work experience and ‘on the job’ training. In some cases, these ‘informal’ experiences and training equip a person with knowledge and competency in the necessary components or units that would entitle the person to a Qualification.
   • In recognition that ‘informal’ experience and training may match (and even exceed) the requirements for a Qualification, Registered Training Organisations are able to issue Qualifications to people who, although they have not participated in a formal course of study, are able to demonstrate that they have the requisite skills and competency for the award. Accounting for such ‘informal’ experiences and training is known as Recognition of Prior Learning or RPL.
   • Registered Training Organisations are under an obligation to ensure that any people (Applicants) seeking the award of a Qualification on a Recognition of Prior Learning basis genuinely satisfy the competency requirements (across all components or units) for that award. This process is known as Assessment. It is not enough for someone to simply assert that they have the necessary knowledge and skills: this needs to be demonstrated through a body of evidence that meets required evidence standards and covers each of the necessary components or units of the Qualification.
   • It can be daunting, difficult, infeasible, or just inconvenient for (including potential) Applicants to:
     • know the Qualification or range of Qualifications that they might, based on their ‘informal’ experiences and training, be entitled to;
     • apply to a Registered Training Organisation for the award of that Qualification; and/or
     • work their own way through compiling and structuring the evidence they would require to demonstrate competency across all the necessary components or units of a given Qualification, and to present themselves in the best and fairest light.
   • Accredify operates to assist (including potential) Applicants address the issues referred to in clause 6 above. It does this through a variety of ways:
     • it builds relationships with Registered Training Organisations who are willing to Assess Applicants on a Recognition of Prior Learning basis;
     • it uses information obtained from Registered Training Organisations to understand the requirements for any particular Qualification;
     • it, based on information provided by an Applicant, can form a view about whether, if the Applicant is able to demonstrate his or her professed experiences and training, an Applicant is likely to be entitled to any particular Qualification or Qualifications;
     • it works with Applicants to guide and assist them in the preparation, collation and structuring of a body of evidence (including in any form required by the relevant Registered Training Organisation), known as Supporting Materials, to assist Applicants in demonstrating competency (across all necessary components or units) for their chosen Qualification;
     • mediating communications between Applicants and Registered Training Organisations;
     • assisting in arrangements for any necessary Gap Training;
     • endeavouring to ensure that Registered Training Organisations undertake Assessment within a reasonable time;
     • where a Registered Training Organisation offers any appeal or review options as regards any adverse Assessment, assisting Applicants in navigating such options;
     • subject to favourable Assessment, receiving and passing onto Applicants their certificates of Qualification and other accompanying documents.

2. RPL SERVICES

• Accredify, itself, is not a Registered Training Organisation. It is a provider of RPL Services.
• In agreeing to provide any RPL Services to any Applicant, Accredify does so only by reference to:
  • information provided by Registered Training Organisations about their Qualification or Statement of Attainment criteria and requirements; and
  • information provided by the Applicant about his or her (including professed) experiences and training.

Any disclosure by Accredify to an Applicant of any Qualifications or Statements of Attainment that the Applicant might be eligible for is based on the matters referred to in this clause, and the assumption that the Applicant will be able to support their claimed experiences and training with Supporting Materials.

• Each Applicant agrees that Registered Training Organisations undertake Assessment independently, and that Accredify does not warrant or guarantee that the Applicant will be Assessed as competent for any sought Qualification or Statement of Attainment (or any particular component or unit).
• If, in undertaking the preliminary assessment referred to in clause 2.2 above, Accredify is of the opinion that an (including potential) Applicant will likely not satisfy the requirements of Assessment for a particular Qualification or Statement of Attainment, then:
  • Accredify will not agree to provide RPL Services to that (including potential) Applicant; and
  • will not charge any Service Fees.

Accredify undertakes this assessment before Enrolment (see definition in clause 13).

• On Enrolment, an Applicant will be assigned an Account Manager. Accredify may assign a different Account Manager from time to time, whether on its own initiative, or on Applicant request (if justified). The Account Manager will be the Applicant’s routine point of contact throughout Accredify’s Retainer.
• In offering RPL Services, Accredify only offers to assist Applicants in applying for Qualifications or Statements of Achievement with Registered Training Organisations with whom it has established relationships (in particular such organisations willing to Assess applications on a Recognition of Prior Learning basis).
• If, after having been provided with Supporting Materials, Accredify is of the reasonable opinion that the relevant Applicant would likely not, following Assessment, be awarded the nominated or sought Qualification or Statement of Attainment, Accredify will notify the relevant Applicant of this opinion and may terminate the Retainer. This is subject to clause 3. Where Accredify has formed this opinion and notified the Applicant, Accredify is not obliged to lodge an application for Assessment for the sought Qualification or Statement of Attainment.
• If, at any time, Accredify becomes aware that the Registered Training Organisation nominated by an Applicant for the purposes of making an application for Assessment:
  • has ceased trading or is unable to continue trading as a Registered Training Organisation;
  • has resolved to, or has changed, its Scope of Registration such that it would not be able to award the Applicant his or her sought Qualification or Statement of Attainment; or
  • has ended its arrangement with Accredify (such that it would not consider an Application made on behalf of the Applicant); then

Accredify must notify the Applicant as soon as practicable and, where possible, provide the Applicant with the details of any other Registered Training Organisation who might be able to award (subject to Assessment) the Applicant with the same or a comparable Qualification or Statement of Attainment. In this document any of the events referred to in clause 2.8(a) – (c) will be known as a “Frustration Event”.

3. APPLICANT OBLIGATIONS

• Applicants must deal with Accredify in good faith, and must not provide Accredify with any information (including documentary) that is false, misleading, or deceptive.
• If an Applicant entered into a Retainer with us by telephone, the Applicant must promptly sign:
  • a copy of this document;
  • a copy of any document provided setting out Services Fees (see clause 6); and

send such copies as an attachment to an email sent to info@accredify.com.au, which email is to identify you by your full name and address.

• Where Accredify has provided an Applicant with information relating to:
  • the standards of evidence that are required to support an application for Assessment;
  • the essential modules, units and/or components on which competency must be demonstrated for a given Qualification or Statement of Attainment; and/or
  • the types or range of evidence that will be required;

then the Applicant must decide whether the Applicant will be able to satisfy these criteria. If the Applicant does not consider that he or she will be able to meet these criteria, the Applicant:

• where that information has been provided before Enrolment, must not Enrol; and
• must promptly notify Accredify.

Meeting these criteria is at the centre of the relationship between Accredify and an Applicant.

• Applicants must:
  • promptly on Enrolment, provide Accredify with 100 points of identification; and
  • once obtained (if not already obtained), provide Accredify with their Unique Student Identifier (USI)

USI’s can be applied for through https://www.usi.gov.au.

• In providing Accredify with information, including in relation to the preparation of Supporting Materials, Applicants must not:
  • engage in any form of academic misconduct (such as plagiarism) and/or submit work that is not their own; or
  • breach the intellectual property (including copyright and trademark) rights of any third-parties.
• Applicants must:
  • provide Accredify with sufficient and timely instructions so that Accredify can effectively provide RPL Services (including as required by any information kits or application-specific documents we provide you);
  • for any particular Qualification or Statement of Attainment sought by the Applicant, complete and sign all documentation required by the relevant Registered Training Organisation (including any application form(s) and conditions of Assessment);
  • provide Accredify with all requested Supporting Materials such that those materials are able to be lodged with the nominated Registered Training Organisation for Assessment within the Preparation Period;
  • provide Accredify with Supporting Materials in electronic form (unless directed otherwise) and using the electronic platforms nominated by Accredify;
  • Where, during Assessment, a Registered Training Organisation:
    • makes any requests for further information; and/or
    • makes any requisitions and/or otherwise seeks clarification;

the relevant Applicant will use their best endeavours to promptly and fully instruct Accredify (including through the provision of any further Supporting Materials) so as to enable Accredify to effectively respond to the Registered Training Organisation on his or her behalf.

• An Applicant authorises Accredify:
  • to lodge applications for Assessment with the relevant Registered Training Organisation;
  • to provide Applicant information to, and receive Applicant information from, the relevant Registered Training Organisation; and
  • correspond with the Registered Training Organisation on behalf of the Applicant.

4. APPLICANT ATTENDANCE AT ASSESSMENTS

• In the case of some Assessments, an Applicant will be required to attend the Registered Training Organisation for an in-person:
  • interview;
  • demonstration of skills; or
  • other form of Assessment.

Where we refer to in-person attendances, we mean to include AV-facilitated or telecommunications facilitated attendances.

• In such cases, Applicants agree that:
  • such attendance is important and non-attendance will invariably jeopardise an Applicant’s ability to demonstrate competency for the sought Qualification or Statement of Attainment; and
  • depending on the Registered Training Organisation’s policy, such in-person attendances may not be able to re-arranged for another date.
• Applicants agree that Registered Training Organisations typically charge Accredify a fee where a further attendance can be arranged (which, among other things, reflects that they have paid an Assessor for the scheduled attendance and will need to pay the Assessor for any further attendance).
• In the event that an Applicant misses such an in-person attendance (such as where it happens without notice and without Accredify being able to make advance arrangement for a postponed attendance), then the Applicant agrees that the Applicant must pay Accredify the costs of the further attendance which will be the greater of $440.00 and any other amount disclosed to the Applicant in advance.

5. GAP TRAINING

• In some cases, on Assessment a Registered Training Organisation will consider that Applicant competency is not demonstrated across all necessary components or units required for the award, but that Gap Training would (or would likely) allow an Applicant to satisfy such competency requirements.
• Gap Training might include:
  • undertaking some online coursework; or
  • other form of study or training.
• Where there this occurs, Accredify will:
  • notify the Applicant;
  • set out the nature of the proposed Gap Training and any format options;
  • notify the Applicant of the Gap Costs (see clause 6.3(b)); and
  • seek the Applicant’s instructions as to the Applicant’s willingness to undertake that Gap Training.
• In circumstances where an Applicant is unwilling or unable to undertake Gap Training, the Applicant acknowledges and agrees that the Registered Training Organisation will not award the sought Qualification or whole Statement of Attainment, although (and depending on the Registered Training Organisation) the Applicant may receive:
  • a Statement of Attainment; and/or
  • some recognition of Credit;

relating to the components or units of Assessed competency.

• Although Accredify will endeavour to identify any likelihood that Gap Training will be required in making the preliminary assessment set out in clause 2.2 above, in accepting the Enrolment of an Applicant, Accredify is not warranting that Gap Training will not be required.

6. SERVICE FEES

• On an Applicant nominating a particular Qualification or Statement of Attainment that he or she wishes to apply for, Accredify will disclose its Service Fees.
• The Service Fees include:
  • Accredify’s professional fees for the provision of its RPL Services relating to that application for Assessment; and
  • the costs charged by the relevant Registered Training Organisation for undertaking the Assessment of that application and, subject to assessment of competency, issuing the relevant Qualification or Statement of Attainment.

Accredify must pay the Registered Training Organisation for any Assessment. An Applicant will not have any separate or additional liability to pay the Registered Training Organisation for Assessment.

• Where, as described in clause 5 above, satisfactory completion of Gap Training is required, the Service Fees:
  • include Accredify’s professional fees relating to any arrangements and faclitation of such Gap Training; but
  • do not include the costs and charges of the Registered Training Organisation (or any) in, or associated with, providing that Gap Training (“Gap Costs”).
• Unless Accredify agrees in writing otherwise, the Services Fees are payable to Accredify in a lump sum on an Applicant retaining us to provide RPL Services (in other words, on Enrolment). The amount of the Services Fee is not dependent on the degree or extent to which an Applicant requires Accredify to perform the RPL Services. It is a fixed sum for the Retainer.
• In Accredify’s discretion, Accredify may agree to accept payment of the Service Fee in parts, including by a:
  • deposit and remainder payment, or by
  • deposit and remainder by instalments.

Any such agreement must be made or confirmed by Accredify in writing and ordinarily only occurs in special circumstances. On any termination of the Retainer, any entitlement to pay the Service Fees in deferred instalments or parts is also terminated.

• Gap Costs are payable to Accredify in a lump sum on an Applicant instructing Accredify to make arrangements for Gap Training. Gap Costs are not refundable under any circumstances.
• Each Applicant agrees that:
  • unless otherwise agreed by Accredify in writing, Accredify is not obliged to perform any RPL Services until it has received payment of the Service Fees;
  • if Accredify has agreed in writing to accept payment of the Service Fees in parts, that Accredify may suspend the performance of RPL Services when such parts are overdue; and
  • Accredify will not lodge any application for Assessment with a Registered Training Organisation until the Service Fees are paid in full.
• The property in the Service Fees is Accredify’s on receipt, and each Applicant agrees that Accredify does not, and will not, hold any moneys on trust for that Applicant, including to the extent the Services Fees include the costs referred to in clause 6.2(b).

7. PRIVACY

• This clause applies in addition to the terms of our Privacy Policy, which is accessible on the Website.
• In providing RPL Services to, and lodging applications for Assessment on behalf of, Applicants, we typically acquire an extensive range of Applicant personal information, including:
  • full name, age, address and other contact details (including email address and telephone number);
  • the form of documents comprising the Applicant’s 100 points of identification;
  • banking or credit card details;
  • information about work and experience history;
  • third-party documentation acquired as part of Supporting Materials;
  • medical history and data; and
  • video footage of and photographs depicting Applicants engaged in skills-based activities relevant to prospective Qualifications.
• To the extent necessary to carry out RPL Services, each Applicant authorises Accredify to disclose his or her personal information to any Registered Training Organisation nominated by the Application for the purposes of applying for Assessment. For the purposes of this clause, an Applicant’s banking or credit card details is not information necessary to be disclosed to a Registered Training Organisation, and must not be disclosed.

8. TERMINATION

• Any termination of a Retainer does not affect:
  • accrued rights under this document;
  • subject to this document, the obligation on an Applicant to pay any unpaid Service Fees or Gap Costs;

and does not discharge or affect clauses 9 – 12.

When Can an Applicant Terminate the Retainer?

• An Applicant may, by written notice to his or her Account Manager (such as by email), terminate the Retainer at any time before Accredify lodges an application for Assessment on behalf of the Applicant with the nominated Registered Training Organisation.
• The Applicant’s written notice does not have a particular form, but should say that the Applicant wishes to terminate the Retainer and/or no longer wishes Accredify to provide the Applicant with any RPL Services. It should be sent by email to info@accredify.com.au.
• Where an Applicant has Enrolled by telephone, or the Retainer was entered by telephone, an Applicant may terminate the Retainer by telephone (1300 755 315) during the Cooling Off Period.

When Can Accredify Terminate the Retainer?

• Accredify may terminate a Retainer by written notice to an Applicant in the following circumstances:
  • the Applicant fails to pay us the Service Fees (or any part) or Gap Costs within 14 days of when payable;
  • in the circumstances set out in clause 2.7 above (relating to where Accredify forms the opinion that the relevant Applicant would likely not, following Assessment, be awarded the nominated or sought Qualification or Statement of Attainment);
  • the Applicant does not provide Accredify the Supporting Materials within the Preparation Period;
  • the Applicant is in breach of his or her obligations under clause 3.1 (except where the Applicant has demonstrated that the breach was unintentional and does not affect the ongoing provision of RPL Services);
  • if there are any ethical grounds that would require Accredify to cease to provide further RPL Services, such as where doing so would require Accredify to provide to a Registered Training Organisation information that Accredify knows or has grounds for believing is false, misleading or deceptive;
  • the Applicant is persistently unresponsive to requests for instructions and/or the provision of Supporting Materials;
  • Accredify is required to terminate the Retainer by law; and/or
  • a Frustration Event occurs.

What Happens When An Applicant Terminates the Retainer and Refunds

• Where an Applicant terminates the Retainer during the Cooling Off Period:
  • the obligation to pay the Service Fees is discharged; and
  • the Applicant is entitled to a refund of so much of the Service Fees that have already been paid.
• Where the Applicant terminates the Retainer after the expiry of the Cooling Off Period and before the end of the Preparation Period but where a Frustration Event has occurred:
  • the obligation to pay the Service Fee is discharged; and
  • the Applicant is entitled to a refund of so much of the Service Fees that have already been paid.
• In all other cases where an Applicant terminates the Retainer:
  • the Applicant’s obligation to pay the whole Service Fee remains;
  • the Applicant must immediately pay Accredify the amount of any unpaid Service Fees; and
  • Accredify is entitled to retain the whole Service Fees (including any part it has already received).

What Happens When Accredify Terminates the Retainer and Refunds

• Where Accredify terminates the Retainer (except in circumstances of a Frustration Event):
  • the Applicant’s obligation to pay the whole Service Fee remains;
  • the Applicant must immediately pay Accredify the amount of any unpaid Service Fees; and
  • Accredify is entitled to retain the whole Service Fees (including any part it has already received);

unless this occurs during the Cooling Off Period in which case:

• the obligation to pay the Service Fee is discharged; and
• the Applicant is entitled to a refund of so much of the Service Fees already paid.

• Where Accredify terminates the Retainer in circumstances of a Frustration Event, then:
  • the obligation to pay the Service Fees is discharged; and
  • the Applicant is entitled to a refund of so much of the Service Fees that have already been paid.

Summary Relating to Full or Partial Refunds

• The following table is a general summary:

Who Terminates	When	Outcome
Applicant	Cooling Off Period	No Service Fee, full refund
	After Cooling Off Period and before end of Preparation Period but with Frustration Event	No Service Fee, full refund
Accredify	Cooling Off Period	No Service Fee, full refund
	After Cooling Off Period if no Frustration Event	Full Service Fee payable, no refund
	After Cooling Period if Frustration Event	No Service Fee, full refund

• Accredify may, in its absolute discretion, provide a full or partial refund of the Service Fees in other exceptional circumstances.
• Accredify must pay an Applicant any refund he or she is entitled to within 14 days.
• This clause is not intended to operate inconsistently with, or replace, any mandatory provision of the Australian Consumer Law.
• Where Accredify is entitled to any moneys after termination of the Retainer, those moneys are a debt owing to Accredify.

9. DISHONOURED PAYMENTS OR CHANGES TO PLAN

• Where any (attempted) payment to Accredify is dishonoured (such as when attempting to debit under a direct debit authority), then the relevant Applicant must pay Accredify a dishonour fee of $20 per dishonoured or failed payment.
• Where an Applicant is on an approved payment plan, that payment plan may only be varied if the Applicant agrees (in its discretion) and will generally only agree where serious need is demonstrated. If a payment plan is varied, Accredify will be entitled to a $200 administration fee.

10. DISCLAIMER AND LIMITATIONS

• Nothing in this document limits or excludes any guarantees, warranties, representations or conditions necessarily 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 10.1, and to the extent permitted by law:
  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in this document excluded; and
  • subject to the express terms of this document, Accredify is not liable for, and each Applicant releases and discharges Accredify with respect to, any loss or damage which may arise out of any Retainer, reliance on any information provided by Accredify and/or the provision, late provision or non-provision of RPL Services of the following types: (a) loss of revenue, loss of actual or anticipated remuneration; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts); loss of or damage to employment prospects; loss of opportunity; loss of the use of money; loss of anticipated savings; loss of business; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; loss of management or administration time, legal and other professional fees and expenses; and/or (b) any indirect or consequential loss or damages however caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty).
• Subject to this document, to the extent permitted by law, Accredify’s total liability arising out of or in connection with RPL Services or this document, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of RPL Services to you.
• To the extent permitted by law, you indemnify Accredify, its affiliates, employees, agents, contributors, and providers 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 breach of this document.

11. CONFIDENTIALITY

• Confidentiality

Each party (Accredify and Applicant) agrees that the Confidential Information is confidential and that:

• the Confidential Information;
• the business or financial arrangements or position or position of the other party;
• any of the dealings, transactions or affairs of the business of the other party;

must not be disclosed to anyone except as provided for in clause 11.2 below or otherwise in this document.

• Permitted Disclosure

It is not a breach of the above clause 11.1 for a party to disclose those matters, if that disclosure:

• is required by law; or
• is required for the purposes of any audit of a party; or
• is, with the written consent of the non-disclosing party, made to any other entity for internal reporting or external auditing purposes where, for the purposes of that other entity’s financial reporting obligations, the party to this document forms part of the economic entity of the other entity; or
• is required by the listing rules of any stock exchange; or
• is necessary to enforce or to give effect to the provisions and obligations under this document; or
• is of information publicly available; or
• is to the party’s lawyers or accountants; or
• is made with the prior written consent of the other party to this document, but only to the extent necessary for the purpose for which consent is given for the disclosure.

12. MISCELLANEOUS TERMS

• Accredify and each Applicant agree that in the event of any dispute, all reasonable efforts will be made to resolve the dispute in a professional, efficient, and good faith and effective manner.
• Where an Applicant provides his or her contact details to Accredify through the Website and indicates (for example by checking a relevant box) that the Applicant invites Accredify to contact the Applicant for the purposes of negotiating or entering a Retainer, the Applicant warrants in favour of Accredify and agrees that any such Retainer resulting from Accredify contacting the Applicant is not an unsolicited consumer agreement, and that Accredify is contacting the Applicant on the Applicant’s invitation for this purpose.
• Where an Applicant has provided Accredify with any direct debit authority or credit card details for the purpose of making any payment (including any instalment), then where Accredify is entitled to any moneys under clauses 4, 6, 8 and/or clause 9, the Applicant irrevocably authorises Accredify to recover such moneys under the direct debit authority or credit card (as the case may be).
• Amounts payable under clauses 4, 6, 8 and/or clause 9 are payable:
  • when prescribed by this document, or
  • if time is not prescribed, immediately.
• Where an Applicant is in default of making any payment to Accredify when payable:
  • the Applicant must pay interest on any amount(s) outstanding for more than 28 days at the rate of 1.0% per month; and
  • all costs and expenses (including all legal costs on a full lawyer and client basis, disbursements and fees, all internal costs and any debt recovery agent’s fees) incurred in the collection, or attempted collection, of any sums due.
• The terms of this document apply in addition to:
  • the terms of the use of our Website;
  • the terms of our Privacy Policy; and
  • any terms relating to Service Fees or Gap Costs.
• An Applicant may retain us to provide RPL Services in a variety of ways, including by:
  • instructing us orally, such as by telephone;
  • instructing us in writing, such as by email;
  • accepting our disclosure of the Service Fees; and/or
  • paying the Services Fees (or any part).
• The terms of this document are incorporated into all our dealings with Applicants and, without limitation, are deemed accepted in full by an (including potential) Applicant if the person (or their agent):
  • establishes a user-account through the Website; and/or
  • instructs us in any of the ways set out in clause 12.1 above.
• Accredify’s obligation to provide RPL Services (or any) to any Applicant is subject to:
  • the prior instructions of the Applicant;
  • the Applicant having paid Accredify the Services Fees (or any agreed instalments when payable); and
  • the cooperation of the Applicant to the extent required for Accredify to effectively provide its services.

Accredify is not required to provide, or continue providing, RPL Services where doing so requires Accredify to participate in collating Supporting Materials and/or submitting Supporting Materials to a Registered Training Organisation where such materials, to Accredify’s knowledge or justified suspicion, contain information that is false, misleading or deceptive.

• Nothing in this agreement or any associated circumstances gives rise to any relationship in the nature of a joint venture, partnership or employment relationship between Accredify and any Applicant.
• This agreement shall be governed by and construed in accordance with the laws of the State of New South Wales.
• This document may be amended or varied by Accredify from time to time, which it may do by notice to an Applicant (using through the Website). Any amendments, variations or modifications (including separate agreement about the payment of the Service Fees) will not be taken as replacing this agreement.
• Any provision of this agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of that prohibition or unenforceability, without invalidating the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
• This agreement, including its clauses, schedules and any attachments constitutes the entire agreement between as to its subject matter and supersedes any prior understanding or agreement between the parties and any prior condition, warranty, indemnity or representation imposed, given or made by a party.

13. DEFINITIONS

In this document:

Accredify, we, us, our (and similar) means Accredify Pty Ltd (ACN 629 888 482) ATF The Trustee for Accredify (ABN 16 588 070 492)

Account Manager with respect to Accredify means one of Accredify’s employees or contractors who undertake the RPL Services referred to in clauses 1.7(d) – 1.7(i) on behalf of Accredify.

Applicant means a person who is seeking to be awarded and/or issued a Qualification or Statement of Attainment by a Registered Training Organisation on the basis of Recognition of Prior Learning and/or other Credit.

 

Assessment means the process, undertaken by a Registered Training Organisation, of collecting and/or considering evidence (including that provided by a third-party) and making judgments on whether competency has been achieved such that it is appropriate for the Registered Training Organisation to award an Applicant a Qualification or Statement of Attainment of the type sought.

 

Assessor means those people engaged by an RTO to undertake Assessment.

 

ASQA means the Australian Skills Quality Authority

 

Confidential Information means of a party to this document means all:

• know-how, trade secrets, ideas, concepts, technical and operational information, owned or used by a party;

• information concerning the affairs or property of a party or any business, property or transaction in which the party may be or may have been concerned or interested;

• information which by its nature or by the circumstances of its disclosure, is or could reasonably be expected to be regarded as confidential to the party.

In the case of an Applicant, Confidential Information includes all personal information.

In the case of Accredify, Confidential Information includes:

• any templates and structures it uses in the preparation of Supporting Materials;

• any manuals it has developed connected with provision of the RPL Services;

• any material Accredify provides from a Registered Training Organisation in the nature of course materials, assessment criteria and course manuals; and

• its Service Fees

 

Cooling Off Period for any Applicant means a 10-business day period commencing:

• on that Applicant’s Enrolment or,

• where an Applicant entered a Retainer with us by telephone, on Accredify providing the Applicant with written notice of this document.

Credit means the value assigned for the recognition of equivalence in content and learning outcomes between different types of learning and/or qualifications. Credit reduces the amount of learning required to achieve a qualification and may be through credit transfer, articulation, Recognition of Prior Learning or advanced standing.

Enrolment means when an Applicant first instructs Accredify, or engages Accredify, to provide RPL Services with respect to a sought or nominated Qualification or Statement of Attainment. This does not refer the lodgement of an application for Assessment with a nominated Registered Training Organisation. Enrolment is generally accompanied by payment of Service Fees (or some part).

Frustration Event means any of the events referred to in clause 2.8(a) – 2.8(c) of this document.

 

Gap Costs has the meaning given in clause 6.3(b) above.

 

Gap Training means any additional training, coursework or other assessment that is offered to and/or conducted with an Applicant if, during the course of an Assessment, it appears to the Registered Training Organisation conducting the Assessment, or is determined by the Registered Training Organisation conducting the Assessment,  that competency will not be established on Supporting Materials with respect to particular components, units or modules required for the whole Qualification or Statement of Attainment sought.

 

Intellectual Property Rights of a Party means all intellectual property rights including:

• patents, copyrights, rights in circuit layouts, registered designs, trademarks and the right to have Confidential Information kept confidential; and

• any application or right to apply for registration of the rights in (a).

 

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Preparation Period means the period commencing on the Enrolment and ending 3 months from Enrolment but, if earlier, ends on the lodgement of an application for Assessment.

Qualification means the following qualifications issued by a Registered Training Organisation within its Scope of Registration: Certificates I, II, III and IV; Diploma, Advanced Diploma, Vocational Graduate Certificate and Vocational Graduate Diploma. For the purposes of clause 1, Qualification includes any Statement of Achievement.

 

Recognition of Prior Learning or RPL means an assessment process that involves assessment of an individual’s relevant prior learning (including formal, informal and non-formal learning) to determine the credit outcomes of an individual application for credit (including for a Qualification or Statement of Attainment).

 

Registered Training Organisation has the meaning specified in the Dictionary to the National Vocational Education and Training Regulator Act 2011 and being a training organisation listed on the National Register as a registered training organisation.

Retainer means the services retainer or engagement constituted by an Applicant retaining or instructing Accredify to provide RPL Services as set out in this document.

RPL Services means the services set out in clause 1.7 above (including as otherwise described in this agreement).

 

Scope of Registration means the training products, services and/or courses for which a Registered Training Organisation is registered and authorised by ASQA to deliver nationally recognised courses and accredited Australian Qualifications Framework (AQF) VET qualifications.

Service Fees has the meaning given in clause 6.1 and 6.2 of this document.

 

Statement of Attainment means a statement issued to a person confirming that the person has satisfied the requirements of a unit or some units of an entire AQF qualification and/or has completed an accredited short course.

 

Supporting Materials means the body of evidence and materials compiled by and/or an Applicant (including any Registered Training Organisation-specific forms and materials) with a view to submitting such materials to a Registered Training Organisation in support of the Applicant’s level of competency as part of Assessment for a particular Qualification or Statement of Achievement.

 

Vocational Education and Training or VET is used in the sense used by the AQF.

Website means www.accredify.com.au (including all site and domain pages)