This document sets out the contractual basis upon which we provide our RPL
Services to Applicants.
1. BACKGROUND
1.1 Registered Training Organisations are authorised by the Australian Skills
Quality Authority to award Qualifications within their Scope of Registration.
1.2 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.
1.3 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.
1.4 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.
1.5 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.
1.6 It can be daunting, difficult, infeasible or just inconvenient for (including
potential) Applicants to:
(a) Know the Qualification or range of Qualifications that they might,
based on their ‘informal’ experiences and training, be entitled to;
(b) Apply to a Registered Training Organisation for the award of that
Qualification; and/or
(c) 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.
1.7 Accredify operates to assist (including potential) Applicants address the
issues referred to in clause 1.6 above. It does this through a variety of ways:
(a) It build relationships with Registered Training Organisations who are
willing to Assess Applicants on a Recognition of Prior Learning basis;
(b) It uses information obtained from Registered Training Organisations to
understand the requirements for any particular Qualification;
(c) 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, is likely to be entitled to any
particular Qualification or Qualifications;
(d) It work 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;
(e) Mediating communications between Applicants and Registered
Training Organisations;
(f) Assisting in arrangements for any necessary Gap Training;
(g) Endeavouring to ensure that Registered Training Organisations
undertake Assessment within a reasonable time;
(h) Where an Registered Training Organisation offers any appeal or
review options as regards any adverse Assessment, assisting
Applicants in navigating such options;
(i) Subject to favourable Assessment, receiving and passing onto
Applicants their certificates of Qualification and other accompanying
documents.
2. RPL SERVICES
2.1 Accredify, itself, is not a Registered Training Organisation. It is a provider of
RPL Services.
2.2 In agreeing to provide any RPL Services to any Applicant, Accredify does so
only by reference to:
(a) Information provided by Registered Training Organisations about their
Qualification or Statement of Attainment criteria and requirements; and
(b) 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.
2.3 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).
2.4 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:
(a) Accredify will not agree to provide RPL Services to that (including
potential) Applicant; and
(b) Will not charge any Service Fees.
Accredify undertakes this assessment before Enrolment (see definition in
clause 13).
2.5 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.
2.6 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).
2.7 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 2.3. 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.
2.8 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:
(a) Has ceased trading or is unable to continue trading as a Registered
Training Organisation;
(b) 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
(c) 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
3.1 Applicants must deal with Accredify in good faith, and must not provide
Accredify with any information (including documentary) that is false,
misleading or deceptive.
3.2 If an Applicant entered into a Retainer with us by telephone, the Applicant
must promptly read:
(a) A copy of this document;
(b) A copy of any document provided setting out Services Fees (see
clause 6)
3.3 Where Accredify has provided an Applicant with information relating to:
(a) The standards of evidence that are required to support an application
for Assessment;
(b) The essential modules, units and/or components on which
competency must be demonstrated for a given Qualification or
Statement of Attainment; and/or
(c) 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:
(d) Where that information has been provided before Enrolment, not
Enrol; and
(e) Promptly notify Accredify.
Meeting these criteria is at the centre of the relationship between Accredify
and an Applicant.
3.4 Applicants must:
(a) Promptly on Enrolment, provide Accredify with 100 points of
identification; and
(b) 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.
3.5 In providing Accredify with information, including in relation to the preparation
of Supporting Materials, Applicants must not:
(a) Engage in any form of academic misconduct (such as plagiarism)
and/or submit work that is not their own; or
(b) Breach the intellectual property (including copyright and trademark)
rights of any third-parties.
3.6 Applicants must:
(a) 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);
(b) 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);
(c) 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;
(d) Provide Accredify with Supporting Materials in electronic form (unless
directed otherwise) and using the electronic platforms nominated by
Accredify;
(e) Where, during Assessment, a Registered Training Organisation:
(1) Makes any requests for further information;
(2) 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.
3.7 An Applicant authorises Accredify:
(a) To lodge applications for Assessment with the relevant Registered
Training Organisation;
(b) To provide Applicant information to, and receive Applicant information
from, the relevant Registered Training Organisation; and
(c) Correspond with the Registered Training Organisation on behalf of the
Applicant.
4. APPLICANT ATTENDANCE AT ASSESSMENTS
4.1 In the case of some Assessments, if all other possible assessment methods have been exhausted, an Applicant may be required to attend the
Registered Training Organisation for an in-person:
(a) Interview;
(b) Demonstration of skills; or
(c) Other form of Assessment.
4.2 In such cases, Applicants agree that:
(a) 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
(b) Depending on the Registered Training Organisation’s policy, may not
be able to re-arranged for another date.
4.3 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).
4.4 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.
5. GAP TRAINING
5.1 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.
5.2 Gap Training might include:
(a) Undertaking some online coursework; or
(b) Other form of study or training.
5.3 Where there this occurs, Accredify will:
(a) Notify the Applicant;
(b) Set out the nature of the proposed Gap Training and any format
options;
(c) Notify the Applicant of the Gap Costs (see clause 6.3(b)); and
(d) Seek the Applicant’s instructions as to the Applicant’s willingness to
undertake that Gap Training.
5.4 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) A Statement of Attainment; and/or
(b) Some recognition of Credit;
relating to the components or units of Assessed competency.
5.5 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
6.1 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.
6.2 The Service Fees include:
(a) Accredify’s professional fees for the provision of its RPL Services
relating to that application for Assessment;
(b) 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.
6.3 Where, as described in clause 5 above, satisfactory completion of Gap
Training is required, the Service Fees:
(a) Include Accredify’s professional fees relating to any arrangements and
facilitation of such Gap Training; but
(b) Does not include the costs and charges of the Registered Training
Organisation (or any) in, or associated with, providing that Gap
Training (“Gap Costs”).
6.4 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.
6.5 In Accredify’s discretion, Accredify may agree to accept payment of the
Service Fee in parts, including by a:
(a) Deposit and remainder payment, or by
(b) 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.
6.6 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.
6.7 Each Applicant agrees that:
(a) 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;
(b) 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
(c) Accredify will not lodge any application for Assessment with a
Registered Training Organisation until the Service Fees are paid in
full.
6.8 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
7.1 This clause applies in addition to the terms of our Privacy Policy, which is
accessible on the Website.
7.2 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:
(a) Full name, age, address and other contact details (including email
address and telephone number);
(b) The form of documents comprising the Applicant’s 100 points of
identification;
(c) Banking or credit card details;
(d) Information about work and experience history;
(e) Third-party documentation acquired as part of Supporting Materials;
(f) Medical history and data; and
(g) Video footage of and photographs depicting Applicants engaged in
skills-based activities relevant to prospective Qualifications.
7.3 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
8.1 Any termination of a Retainer does not affect:
(a) Accrued rights under this document;
(b) 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.
8.2 Termination of a Retainer only:
(a) Relieves Accredify from (further) performance of RPL Services; and
(b) Subject to clauses 8.8 - 8.13, may give an Applicant an entitlement to:
(1) A refund of some or all Service Fees paid, or
(2) Some discount on further amounts to be paid by the Applicant.
8.3 Clauses 8.8 - 8.13 (general refund terms) is subject to clauses 8.14 - 8.15
(refund where Assessment is unsuccessful).
When Can an Applicant Terminate the Retainer?
8.4 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.
8.5 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.
8.6 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?
8.7 Accredify may terminate a Retainer by written notice to an Applicant in the
following circumstances:
(a) The Applicant fails to pay us the Service Fees (or any part) or Gap
Costs within 14 days of when payable;
(b) 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);
(c) The Applicant does not provide Accredify the Supporting Materials
within the Preparation Period;
(d) 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);
(e) If there are any ethical grounds which would require Accredify from
ceasing 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;
(f) The Applicant is persistently unresponsive to requests for instructions
and/or the provision of Supporting Materials;
(g) Accredify is required to terminate the Retainer by law; and/or
(h) A Frustration Event occurs.
What Happens When an Applicant Terminates the Retainer and Refunds?
8.8 Where an Applicant terminates the Retainer during the Cooling Off Period:
(a) The obligation to pay the Service Fees is discharged; and
(b) The Applicant is entitled to a refund of so much of the Service Fees
that have already been paid.
8.9 Where an Applicant terminates the Retainer after the expiry of the Cooling Off
Period but before the end of the Preparation Period:
(a) The Applicant is entitled to a refund all Service Fees (or parts) paid
over the amount of the Administration Fee;
(b) Accredify is entitled to retain the Administration Fee; and
(c) To the extent the amounts paid by the Applicant to Accredify do not
amount to the Administration Fee, the Applicant is required to
immediately pay to Accredify the amount of any unpaid Administration
Fee.
In other words, Accredify is entitled to keep the Administration Fee if at least
that amount has already been paid (refunding the balance), and Accredify is
entitled to payment of the Administration Fee (to the extent that amount has
not already been paid). However, if during this period, the Applicant has
breached clause 3.1 (except to the extent of an innocent mistake) and/or 3.5,
then:
(d) The Applicant’s obligation to pay the whole Service Fees remains;
(e) The Applicant must immediately pay Accredify the amount of any
unpaid Service Fees; and
(f) Accredify is entitled to retain the whole Service Fees (including any
part it has already received).
8.10 Notwithstanding clause 8.9, 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:
(a) The obligation to pay the Service Fee is discharged; and
(b) The Applicant is entitled to a refund of so much of the Service Fees
that have already been paid.
8.11 Subject to clause 8.13(b) below, in all other cases where an Applicant
terminates the Retainer:
(a) The Applicant’s obligation to pay the whole Service Fee remains;
(b) The Applicant must immediately pay Accredify the amount of any
unpaid Service Fees; and
(c) 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
8.12 Where Accredify terminates the Retainer (except in circumstances of a
Frustration Event):
(a) The Applicant's obligation to pay the whole Service Fee remains;
(b) The Applicant must immediately pay Accredify the amount of any
unpaid Service Fees; and
(c) 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:
(d) The obligation to pay the Service Fee is discharged; and
(e) The Applicant is entitled to a refund of so much of the Service Fees
already paid.
8.13 Where Accredify terminates the Retainer in circumstances of a Frustration
Event, then:
(a) The obligation to pay the Service Fees is discharged; and
(b) The Applicant is entitled to a refund of so much of the Service Fees
that have already been paid.
What Happens When An Applicant Does Not Receive A Qualification or
Statement of Attainment After Assessment?

8.14 Clause 8.15 applies where:
(a) An Applicant has had an application for a Qualification or Statement of
Attainment Assessed;
(b) The Applicant provided Accredify the Supporting Materials within the
Preparation Period;
(c) The result of that Assessment is that the relevant Registered Training
will not issue the Applicant the sought Qualification or Statement of
Attainment (whether at all, or without Gap Training); and
(d) Where Gap Training is offered, the Applicant decides not to undertake
that Gap Training.
8.15 Where clause 8.14 applies, then:
(a) The obligation to pay the Service Fee is discharged; and
(b) 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

8.16 Without limiting clauses 8.8 - 8.15 above, 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

Accredify entitled to Administration Fee, refund of balance

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 Cool Period if Frustration Event

No Service Fee, full refund

 

Special Case (clauses 8.14 and 8.15)

Outcome

      1. No Qualification or Statement of Attainment awarded following Assessment

No Service Fee, full refund

 

8.17 Accredify may, in its absolute discretion, provide a full or partial refund of the
Service Fees in other exceptional circumstances.
8.18 Accredify must pay an Applicant any refund he or she is entitled to within 14
days.
8.19 This clause is not intended to operate inconsistently with, or replace, any
mandatory provision of the Australian Consumer Law.
8.20 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
9.1 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.
9.2 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
10.1 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.
10.2 Subject to this clause 10.1, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which
are not expressly stated in this document excluded; and
(b) 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).
10.3 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.
10.4 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
11.1 Confidentiality
Each party (Accredify and Applicant) agrees that the Confidential Information
is confidential and that:
(a) The Confidential Information;
(b) The business or financial arrangements or position or position of the
other party;
(c) 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.
11.2 Permitted Disclosure
It is not a breach of the above clause 11.1 for a party to disclose those
matters, if that disclosure:
(a) is required by law; or
(b) is required for the purposes of any audit of a party; or
(c) 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
(d) is required by the listing rules of any stock exchange; or
(e) is necessary to enforce or to give effect to the provisions and
obligations under this document; or
(f) is of information publicly available; or
(g) is to the party’s lawyers or accountants; or
(h) 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
12.1 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.
12.2 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.
12.3 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
4.4, 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).
12.4 Amounts payable under clauses 4.4, 6, 8 and/or clause 9 are payable:
(a) When prescribed by this document, or
(b) If time is not prescribed, immediately.
12.5 Where an Applicant is in default of making any payment to Accredify when
payable:
(a) The Applicant must pay interest on any amount(s) outstanding for
more than 28 days at the rate of 1.0% per month; and
(b) 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.
12.6 The terms of this document apply in addition to:
(a) The terms of the use of our Website;
(b) The terms of our Privacy Policy; and
(c) Any terms relating to Service Fees or Gap Costs.
12.7 An Applicant may retain us to provide RPL Services in a variety of ways,
including by:
(a) Instructing us orally, such as by telephone;
(b) Instructing us in writing, such as by email;
(c) Accepting our disclosure of the Service Fees; and/or
(d) Paying the Services Fees (or any part).
12.8 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):
(a) Establishes a user-account through the Website; and/or
(b) Instructs us in any of the ways set out in clause 12.1 above.
12.9 Accredify’s obligation to provide RPL Services (or any) to any Applicant is
subject to:
(a) The prior instructions of the Applicant;
(b) The Applicant having paid Accredify the Services Fees (or any agreed
instalments when payable); and
(c) 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.
12.10 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.
12.11 This agreement shall be governed by and construed in accordance with the
laws of the State of New South Wales.
12.12 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.
12.13 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.
12.14 This agreement, including its clauses, schedules and any attachments
constitutes the entire agreement between the Parties as to its subject matter
and constitutes the entire agreement between the parties 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.
Administration Fee means 30% of the total Service Fees (inclusive of G.S.T).
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 means all:
(a) Know-how, trade secrets, ideas, concepts, technical and operational
information, owned or used by a party;
(b) 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;
(c) 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:
(d) Any templates and structures it uses in the preparation of Supporting
Materials;
(e) Any manuals it has developed connected with provision of the RPL
Services;
(f) Any material Accredify provides from a Registered Training Organisation
in the nature of course materials, assessment criteria and course
manuals;
(g) Its Service Fees
Cooling Off Period for any Applicant means a 10-business day period commencing:
(a) On that Applicant’s Enrolment or,
(b) 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 2.82.8(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:
(a) Patents, copyrights, rights in circuit layouts, registered designs,
trademarks and the right to have Confidential Information kept
confidential; and
(b) 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.
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)

Your use of this Website


Accredify Pty Ltd (ACN 629 888 482) ATF The Trustee for Accredify (ABN 16 588 070 492) (“Accredify”, “we” or “us”) provides you access to the accredify.com.au and any other Accredify group sites (the "Website"), including all sub-pages, in order to:

  • offer specialist recognition of prior learning type services to (including prospective) applicants;
  • assist (including potential) applicants for qualifications on a recognition of prior learning basis at every stage of the process (including any decision to retain us); and
  • in order to provide information to any Registered Training Organisation about us and our services.

Use of the Website is governed by the following terms and conditions, privacy policy and any disclaimer appearing on the Website. If you do not accept the terms and conditions listed in this notice, please do not use the Website.


General Prohibition
You agree by using this Website you will NOT:

  • use the Website for, or to encourage, any unlawful purpose;
  • violate any local, state, provincial, and federal rules, regulations and statutes, including, but not limited to, Australian export laws and regulations, anti-discrimination, or equal opportunity employment laws;
  • infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
  • upload, post, transmit, or store any material that:
  • is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
  • breaches any of your contractual or confidentiality obligations;
  • disrupts or interferes with the normal operations of the Website, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or
  • contains any unauthorised advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;
  • breach or attempt to breach any security measures of the Website;
  • use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Website or any material without Accredify's prior written consent;
  • access or attempt to access any account or login of any third party listed on the Website;
  • except as expressly permitted herein and except to the extent that applicable laws prevent Accredify restraining you from doing so, copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any materials, except for materials that have been submitted and owned by you;
  • post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information;
  • impersonate any person or entity;
  • forge any header information in any electronic posting or mail; or
  • misrepresent yourself, your affiliation with any third party, or your entity.

Accredify, in its sole discretion, shall determine your compliance with the above and shall have the right to prevent you from using the Website and/or to delete from the Website immediately and without prior notice any material that it deems not to comply or to be objectionable for any reason. As the services on the Website are made available to users immediately, you do not enjoy any cancellation or "cooling-off" rights in relation to these terms of use.

Application
These terms of the use of the Website do not replace any contractual document, and apply in addition to any other contractual terms.

Links to or from other Websites

As a convenience to users, this Website may contain links to external websites and you may be offered a number of automatic links to other sites, which may interest you. We accept no responsibility for or liability in respect of the content of those sites. Accredify should not be taken as having reviewed or approved such sites or their contents, nor does it warrant that any links to such sites work
or are up to date. The use of any such links is entirely at your own risk. Any third parties wishing to link to our Website may do so provided links are to the home page only of the Website and provided we are notified in advance by email to info@accredify.com.au

Specific usage and responsibilities
In addition to the general responsibilities listed in this document, you agree to comply with the following terms:

  • use the Website only for lawful purposes;
  • provide and maintain complete, correct, up-to-date, and accurate information on any submitted information;
  • post materials (if available) for which you have all the necessary rights or licenses;
  • use your own judgment, caution, and common sense in managing opportunities and information offered by or obtained from the Website; and
  • bear the risks of any reliance or use of any materials or any information provided by any third party.

Security and passwords


When you register with this site or sign on when you visit the Website, you will need to use a user name and password. You are solely responsible for the security and proper use of the password, which should be kept confidential at all times and not disclosed to anyone. You must notify us immediately if you believe that your password is in the possession of someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use of disclosure of any password.

Employment


You understand and agree that Accredify (a) does not warrant that you will receive any qualification or statement of attainment through the Website; (b) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (c) shall not be responsible for any materials posted by third parties; and (d) is neither your employer nor your agent in any regard.

Rights

You may not download, copy or print any of the pages of the Website except for your own personal use, and provided you keep intact all copyright and proprietary notices. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, "scraping" or other manipulation of the content of the Website is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Website; nor will you post to the Website any material which infringes any intellectual property rights of any third party.
Changes to or temporary unavailability of this Website

Every effort is made to keep the Website up and running smoothly and fault-free. However, Accredify takes no responsibility for, and will not be liable for, the Website being temporarily unavailable for reasons of maintenance / improvement, or due to technical issues beyond our control. We may change, suspend or discontinue any aspect of the Website at any time, including the availability of any of the Website features, databases or content. Accredify amend these terms of the use of the Website at any time, without notice by posting amended terms to the Website. You will be deemed to have agreed to the amended terms when you next use this Website following any amendment.

Termination

We may at our absolute discretion deny you access to this Website (which may include any of the services or information available through it) or any part of it at any time without explanation.
Liability and Disclaimer

Accredify uses all reasonable efforts to ensure that information it posts on the Website is accurate. However, Accredify gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.

No liability is accepted by Accredify for any loss or damage which may arise out of any person relying on or using any information on this Website. Accredify shall not be liable to any person relying on or using any such information for (a) loss of revenue, loss of actual or anticipated salary; 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; 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) which arise directly or indirectly from the subject matter of this Website. However, nothing in the above shall limit or exclude Accredify's liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.

You agree fully to indemnity us and keep us fully indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this Website.
If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidly shall not affect the validly of the remaining provisions, which shall remain in full force and effect.

Your use of the Website and downloads from it, and the operation of these terms of use, shall be governed in accordance with the laws of New South Wales, Australia (NSW). The NSW courts shall have exclusive jurisdiction over any dispute arising out of the use of this website.
In case of any query regarding the information on this Website, please contact us info@accredify.com.au