The purpose of these terms and conditions and student policy (Terms) is to provide guidance for Students and staff about the rules and procedures of The Learning Group Pty Ltd ACN 657 388 988 (referred to as The Learning Group, we, us or our).
The Student agrees that the Terms apply to and form the terms on which the supply of Courses (whether or not, but including, pursuant to this Contract) will proceed. The Terms apply to the exclusion of and supersede all other discussions, negotiations, warranties proposals or agreements concerning the supply of Courses except and to the extent that The Learning Group otherwise agrees in writing.
Any terms or conditions that are specific to a Course in which a Student is Enrolled will form part of these Terms. In the event of any inconsistency between such terms and conditions and these Terms, then, to the extent of such inconsistency, such terms and conditions will prevail.
These Terms may be amended at any time by publishing revised or updated Terms on our Website, which revised or updated Terms will be binding on the Student from the time of publication on the Website. Where the change is detrimental to the Student, we will provide those affected with reasonable notice and the opportunity to terminate the Contract without penalty if the detriment is material. Please check the Website regularly for the most up to date version of the Terms.
1.1 In the Terms, unless the context requires otherwise:
(a) The Learning Group means The Learning Group Pty Ltd ACN 657 388 988;
(b) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Victoria, Australia;
(c) Certificate of Completion means a document or other notification confirming that the Student has successfully completed a Course;
(d) Contract has the meaning ascribed to that term under clause 2.8;
(e) Course means an educational course provided or made available to Students by The Learning Grou from time to time;
(f) Course Fee means the fee charged by The Learning Group to the Student for supplying a Course or Courses. All Course Fees are quoted in Australian Dollars and are inclusive of GST;
(g) Enrol and Enrolment means the act by the Student of signing the declaration and entering into a Contract with, or otherwise agreeing to accept the supply of a Course or Courses by, The Learning Group, and Enrolled refers to a Student the Enrolment of whom has been accepted;
(h) Enrolment Date has the meaning ascribed to that term under clause 2.14;
(i) Force Majeure Event means any event that is beyond the control of The Learning Group, including an economic downturn, act of God, war, natural disaster (such as an earthquake, hurricane or volcano event), pandemic, terrorism, strike, embargo, government action or requirement, or unavailability of supply of products or services by The Learning Group’s suppliers for reasons that are outside of the control of The Learning Group, that has a material and adverse impact on The Learning Group’s ability to supply Course to the Student;
(j) GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
(k) Intellectual Property Rights means:
(i) the business names or trademarks owned by The Learning Group;
(ii) any confidential information owned by The Learning Group; and
(iii) all copyright, patents, trademarks, design protection or rights to confidential information including all applications of the same; all rights relating to all inventions, confidential processes and procedures and electronic information (e.g. data files, images and computer software, know-how,) and all other similar rights owned or licensed by The Learning Group;
(l) Intellectual Property means all Intellectual Property Rights and any type or nature whatsoever involved in or associated with the provision of the Course by The Learning Group to the Student, including but not limited to Intellectual Property in any Course content, documents and resources;
(n)Statement of Attainmentmeans a document or other notification confirming the Student has successfully completed a module of a Course;
(o) Student means any person who Enrols in a Course or Courses; and
(p) Website means www.thelearninggroup.com.au or such other website(s) as The Learning Group may maintain from time to time.
2.1 To be considered for enrolment at The Learning Group, a Student must meet all entry requirements specified in this clause 2 and as otherwise set out in the Course Materials.
2.2 Unless otherwise agreed by The Learning Group, Students must be at least 18 years old and an Australian resident in order to be eligible to Enrol in a Course. Students who are over 16 years old but under 18 years old may enrol at The Learning Group if they provide verbal or written parental/guardian consent and proof of support of payment of fees.
2.3 Students must provide supporting documentation to confirm their identity and demonstrate that they are eligible to Enrol. Supporting documentation may include:
(a) Australian Passport;
(b) Passport along with Australian resident visa stamp page / e-visa; or
(c) a current form of photo ID (such as a Driver’s Licence front and back page, proof of age card or Medicare card) along with an Australian Birth Certificate, Australian Citizenship Certificate and proof of Australian residential address.
2.4 Student must disclose any medical conditions, physical disability or other circumstances that could prevent them completing the Course.
2.5 Students undertaking a course with The Learning Group are required to:
(a) maintain satisfactory Language, Literacy and Numeracy (LLN) skills. Students who completed Year 10 or equivalent and / or have completed prior education and / or have prior work experience are considered to have satisfactory level of LLN skills;
(b) have reliable access to a stable, virus-free computer or laptop and a reliable internet connection; and
(c) have a basic level of computer literacy to access the Course materials and content.
2.6 There are no academic prerequisites for any of our Courses.
2.7 The Learning Group will be entitled to reject any application for Enrolment that does not meet the above requirements. Special consideration may be given upon request, acceptance of which will be at the complete discretion of The Learning Group.
2.8 The Student will be accepted into a Course, and a contract will be formed between The Learning Group and the Student, when the Student has signed the declaration below and their welcome email has been sent out (Contract).
2.9 The Student must apply to Enrol in a Course in such manner as The Learning Group directs. Any failure or refusal to Enrol in such manner may result in The Learning Group refusing to accept the Student’s application for Enrolment or cancelling any such Enrolment.
2.11 The Student must immediately advise The Learning Group of any changes to any information provided by the Student to The Learning Group (whether pursuant to clause 10 or otherwise).
2.12 The Student warrants to The Learning Group that all information provided by the Student to The Learning Group is true and correct.
2.13 Access to Course content will be provided upon successful completion of Enrolment. The duration of access to Course content varies from Course to Course, details of which will be provided as part of the Course content but is typically between 12 and 24 months depending on the Course. The Student is expected to complete the Course within the duration of access to Course content and may be denied access to the Course content at the expiry of duration, in which case, the Student will not be entitled to any refund of Course Fees or any of the benefits associated with completing the Course.
2.14 The date on which a welcome email is sent to the Student by The Learning Group will be the date used as the Student’s formal Enrolment date (Enrolment Date) for the purposes of cancellations, deferrals, course extensions and refunds.
2.15 If a Student wishes to withdraw from any Enrolment (or downgrade their Course) after the Enrolment Date, they must submit a cancellation request by emailing email@example.com with their full name, email, phone number, course enrolled and reason for request of refund. A cancellation form will be sent that is required to be filled out and returned with the reason for request.
2.16 Refunds will be made available in accordance with the table below:
|The Learning Group discretion (subject to
|Cancellation form submitted within 5 days of the Enrolment Date
|100% of Course Fee, less payment of a cancellation fee of $200
|Cancellation form submitted more than 10 business days after the Enrolment Date
|Student is liable to pay 100% of Course Fee subject to 2.17 and any rights under applicable consumer laws
2.17 A student may apply for a partial refund of Course Fees on the grounds that their ability to study and complete their Course has been significantly affected by exceptional circumstances beyond their control, which were not known to them at the time of enrolment. Any refund will be at the sole discretion of The Learning Group and must be approved by a member of the senior management team.
2.18 Refunds will be processed on the 15th day of each month or as otherwise advised to you.
2.19 With the consent of The Learning Group (which may be given or refused in The Learning Group’s absolute discretion), the Student may within 14 days of the Enrolment Date decide to transfer to another Course. The Course Fee payable by the Student in such a situation will be the greater of:
(a) the Course Fee for the cancelled Course; and
(b) the Course Fee for the replacement Course.
The Learning Group further reserves the right to charge to the Student a reasonable administration fee (not more than $100) to cover it costs associated with the change of Enrolment.
2.20 A student may defer the start date of a Course for up to one month after the Enrolment Date.
2.21 After a Course has commenced, a Student can apply for a suspension of their Course once throughout their study for a maximum of 4 months. Approval will be at the sole discretion of The Learning Group.
2.22 Students enrolled in more than one Course may apply to suspend certain Courses until such time as they have completed others. Approval will be at the sole discretion of The Learning Group.
2.23 Unless otherwise agreed in writing with The Learning Group, payments for Course Fees will not be suspended during any deferral period.
2.24 The Learning Group may from time to time make Courses available to prospective students. The Learning Group reserves the right to:
(a) withdraw any Courses from availability; and
(b) to cancel any Course or Courses in which the Student has Enrolled in the event that The Learning Group determines in its absolute discretion is or are not financially viable to proceed with, whether or not such Course or Courses has or have commenced. If a Course is cancelled in accordance with this clause then The Learning Group will refund to the Student the Course Fee paid by the Student as at the date of such cancellation and otherwise without penalty.
3.1 By Enrolling in a Course (including but not limited to by entering into this Contract), the Student agrees to pay the Course Fee payable for such Course to The Learning Group in such amount and in such manner as is determined by The Learning Group and notified to the Student during Enrolment. In the absence of anything to the contrary, Course Fees are payable in full immediately upon the completion of Enrolment. The Student is obliged to ensure at all times that it is financially capable of paying all Course Fees as and when they fall due for payment.
3.2 Other than as set out in these Terms, Course Fees are inclusive of tuition, learning resources/consumables, administration and enrolment processing fees (excluding any fees associated with defaulting on scheduled and agreed payments).
3.3 Course fees may be paid via the following methods:
(a) full payment by credit card;
(b) full payment by direct bank transfer; or
(c) interest-free payment plans with us or a third party provider.
3.4 The Learning Group may (but is not obliged to) offer a payment plan to the Student with respect to the payment of Course Fees. The Student must strictly abide by the terms of any payment plan agreed between The Learning Group and the Student. The Learning Group may assign, novate or transfer its rights and obligations under any payment plan so agreed to a third party without the consent of the Student provided there is no material detriment to the Student. The Student must not assign, novate or transfer any of its rights and obligations under a payment plan so agreed without the written consent of The Learning Group which must not be unreasonably withheld provided the transferee meets The Learning Group’s credit requirements. The Learning Group may also refer any outstanding balance to a debt collection agency where fees are not paid on time.
3.5 Despite clause 2, The Learning Group may recommend to the Student a range of third party finance providers to provide financing options to assist the Student with paying the Course Fee. Any arrangement or agreement concerning the financing of Course Fees is strictly between the Student and such third party finance provider and does not impact on, negate or reduce the Student’s obligation to pay the Course Fees strictly in accordance with these Terms. The Learning Group does not and will not retain or hold any Personal Information concerning any arrangements or agreements entered into between the Student and any third party finance provider.
3.6 The Learning Group makes no representations, promises or warranties as to the suitability of any financing options to the Student and the Student hereby waives and releases The Learning Group from and further indemnifies The Learning Group against any loss, cost or expense that The Learning Group may suffer or incur in connection with the Student deciding to enter into an arrangement with a third party finance provider in relation to the payment of the Course Fee.
3.7 In the event of any issue, problem or difficulty in meeting any obligations with respect to these Terms or a Contract, including but not limited to any anticipated inability to pay Course Fees or any other amounts on time, we ask that you immediately notify The Learning Group so that we can troubleshoot these issues with you before there is any disruption to your study. The Learning Group reserves the right to restrict, suspend or cancel the Student’s participation in a Course and to cease supply of Course content to the Student if the Student breaches any of these Terms and does not remedy such breach within 14 days of written notice.
3.8 The Student will not be entitled to the refund or repayment of any amounts (including but not limited to Course Fees) paid by it to The Learning Group except in accordance with applicable law, these Terms or otherwise in the absolute discretion of The Learning Group.
4.1 Course requirements, Student work performance and obligations and assessment criteria and timing varies from Course to Course and:
(a) where applicable or relevant, will be notified to the Student at the time of Enrolment or during the Course;
(b) forms part of these Terms upon notification to the Student.
4.2 The Student will be issued with a Statement of Attainment upon successful completion of a module, which will be issued electronically unless the Student requests a hard copy. If a hard copy is requested, The Learning Group may charge a fee of $25.00 to issue a hard copy Statement of Attainment. The Student will be issued with a Certificate of Completion upon successful completion of a Course which a hard copy will be sent to the Student’s nominated address. The Learning Group reserves the right to delay the issue a Statement of Attainment and/or a Certificate of Completion if the Student is or remains in default under these Terms (including but not limited to in relation to the payment of any amounts payable to The Learning Group) in any respect until such time as the Student remedies such default.
4.3 Courses are designed to be completed within set timeframes, which depend on the Course.
4.4 If the Student requires more time to complete a Course, the Student may apply to The Learning Group for an extension of up to 12 months. The Learning Group must not unreasonably refuse any request for an extension if the extension request is for more than 1 month and is the first extension request made by the Student. Otherwise, The Learning Group may refuse to grant any extension request in its absolute discretion. Any extension is subject to the Student having paid all Course Fees due and owing at the time of the extension request and also paying any applicable extension fee.
4.5 A Course will be deemed to have been abandoned if the Student has not completed the Course or paid the Course Fee in full by the due date for completion (plus any agreed extension period) and the Course content will no longer be accessible.
5.1 All Intellectual Property remains the property of The Learning Group and/or its suppliers and vendors (as applicable).
5.2 The Student must:
(a) at all times keep all Intellectual Property made available to it private and confidential; and
(b) use the Intellectual Property solely for the purpose of completing the Course.
5.3 The Student must not:
(a) assert any ownership or other interest in or to or exploit, modify or develop any of the Intellectual Property;
(b) copy or reproduce the Intellectual Property without the written consent of The Learning Group;
(c) share or make the Intellectual Property available to or accessible by any third party;
(d) do anything that will or may damage, jeopardise the ownership of or bring into disrepute or question.
5.4 The Student acknowledges that the Intellectual Property is integral to the business of The Learning Group. Without limiting other rights available to The Learning Group under the applicable laws, failure to comply with the Student’s obligations under this clause 5 will entitle The Learning Group to cancel the Student’s Enrolment and/or terminate any Contract with immediate effect by notice to the Student.
6.1 The Learning Group may publish on its Website any code of conduct or other policies concerning Student conduct and behaviour. The Student is obliged to familiarise itself with any such code or policy and abide by the same.
6.2 Without limiting clause 1, in its dealings with other students and The Learning Group personnel, the Student must at all times:
(a) behave in a courteous, fair-minded and non-disruptive manner; and
(b) not engage in any conduct that is abusive, unreasonable, discriminatory or threatening or which amounts to harassment or stalking.
6.3 Plagiarism is not tolerated. Students must ensure that all work submitted is their own work, written in their own words. If The Learning Group reasonably believes that any work submitted by the Student is plagiarised or not completed solely by the Student, The Learning Group reserves the right to:
(a) require the Student to re-submit the relevant work;
(b) refuse to issue any Certificate of Attainment and/or Certificate of Completion; or
(c) if the plagiarism is excessive or repeated, cancel the Student’s Enrolment and/or Contract without penalty.
7.1 The Learning Group acknowledges that complaints and feedback are all integral components for our continued and effective improvement as an organisation. We are committed to ensuring any type of feedback regarding our organisation (good or bad), its tutors, assessor or other staff is acknowledged, recorded and considered, and will be actioned in a fair and timely manner.
7.2 The Student is encouraged to provide feedback on the Course and their learning experience. Feedback may be used for marketing purposes. If a Student does not wish their feedback to be used in this way, please advise us.
7.3 Any complaints should be made in writing and submitted to firstname.lastname@example.org. We will endeavour to respond to, and resolve any, complaints as soon as possible but in any event, not more than 10 Business Days from receipt.
7.4 In the event that a complaint cannot be resolved or other dispute arises (other than a dispute concerning the payment of any amounts payable by the Student to The Learning Group in accordance with these Terms), then either the Student or The Learning Group must first invoke the dispute resolution procedure set out below before taking any other action.
7.5 The dispute resolution procedure will be invoked by the disputing party sending a notice in writing to the non-disputing party that it is invoking the dispute resolution procedure and stating the nature of the dispute.
7.6 Upon the dispute resolution procedure being invoked, the parties must meet (by either telephone call or video conference call) within 10 Business Days on the date of invocation and endeavour to resolve the dispute. Either party may be accompanied at such meeting by a maximum of 2 support people.
7.7 If the dispute cannot be resolved at the dispute resolution meeting, then either party may thereafter take such action with respect to the subject matter of the dispute as it considers appropriate.
8.1 If at any time the Student is in breach of this Contract or Terms, The Learning Group may issue a notice to the Student setting out details of the default and requiring the Student to remedy such default within a period of not less than 14 days from the date of the default (unless the breach is not capable of remedy, in which case, The Learning Group may terminate this Contract with no notice).
8.2 If the Student fails to comply with a notice issued in accordance with clause 1, The Learning Group may at its election by further notice to the Student:
(a) suspend the supply of any Courses to the Student until such time as the Student remedies all applicable breaches; and/or
(b) cancel any Course or Contract which remains unfulfilled.
8.3 Notwithstanding clauses 1 and 8.2, The Learning Group may:
(a) suspend the supply of any Courses to the Student including any Website access or tutor services; and/or
(b) cancel any Course or Contract which remains unfulfilled,
by notice in writing to the Student with immediate effect if The Learning Group determines in its opinion that:
(c) the Student has provided any false or misleading information to The Learning Group as part of its Enrolment;
(d) the Student is not at least 18 years old (or has not provided sufficient approval from a parent/guardian if the Student is 16 years old) or an Australian Resident; or
(e) the Student behaves in a way towards other students or The Learning Group personnel that The Learning Group (in its discretion) considers to be materially inconsistent with its policies concerning Student conduct and behaviour or which conduct is repeated despite request from The Learning Group to cease such conduct.
8.4 The Learning Group will be entitled to recover from the Student, and the Student indemnifies The Learning Group against, all costs, loss and damage suffered or incurred by The Learning Group (including recovery agent fees and any reasonable legal costs) in connection with any breach of a Contract or these Terms.
If a Force Majeure Event occurs:
(a) the Student will not be relieved from its obligations under a Contract or with respect to an Enrolment except as provided for in this clause 9;
(b) The Learning Group may, at its option:
(i) suspend any Course affected by the Force Majeure Event, for a period of up to 12 months or until the Force Majeure Event has abated (whichever is earlier); or
(ii) if the Force Majeure Event has not abated after the end of any period of suspension, cancel the Contract(s) or Enrolment(s) affected by the Force Majeure Event, in which event any applicable Course Fees will be supplied as a credit against future Course enrolment(s) by the Student.
10.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.
10.2 The Student agrees to the maximum extent lawfully permissible that if The Learning Group breaches the Terms or any applicable law, then the Student’s remedy is limited to (at The Learning Group’s election but subject to clause 10.1):
(a) the re-supply of any Course in which the Student was Enrolled; or
(b) refund of the Course Fees for any Course in which the Student was Enrolled.
10.3 Subject to clause 10.1, The Learning Group disclaims all liability whatsoever for:
(a) any consequential or indirect loss and/or expense (including loss of profit) the Student suffers or may suffer; and
(b) any unlawful or negligent conduct of The Learning Group’s suppliers, agents or contractors.
10.4 Subject to this clause 10, to the maximum extent permitted by law, the Student agrees that the maximum aggregate liability of The Learning Group for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of Course Fees for any Course in which the Student was Enrolled and has paid.
We are committed to protecting the privacy of our Students’ Personal Information in accordance with the provisions of the Privacy Act 1988 (Cth).
12.1 The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
12.2 The Student can direct notices, and so forth to The Learning Group as set out in these Terms. The Learning Group will send the Student notices and other correspondence to the details that the Student submits to The Learning Group, or that the Student notifies The Learning Group of from time-to-time. It is the Student’s responsibility to update its contact details as they change.
12.3 A consent, notice or communication under these Terms is effective if it is sent as an electronic communication unless required to be physically delivered under law.
12.4 Notices must be sent to the parties’ most recent known contact details.
13.1 The Learning Group does not warrant or guarantee to the Student, and the Student acknowledges that:
(a) completion or non-completion of the Course will lead to or result in any satisfactory employment or business outcomes for the Student; or
(b) the Course content will be to the Student’s liking or satisfaction.
13.2 If any provision of the Terms is illegal or unenforceable this does not affect the remaining provisions.
13.3 The Learning Group is entitled to assign any or all of its rights under these Terms, and any Enrolment or Contract, by notice to the Student, provided there is no material detriment to the Student. The Student is not entitled to assign any of its rights or obligations under these Terms or under any Enrolment or Contract without the consent of The Learning Group, which The Learning Group may withhold in its absolute discretion.
13.4 Time is of the essence with respect to the performance of the Student’s obligations under these Terms and under any Contract.
13.5 The Terms and any Contract will be construed and applied in accordance with the laws of Victoria, Australia and are subject to the exclusive jurisdiction of the courts of Victoria, Australia.
13.6 Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms in relation to any product supplied by The Learning Group by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.
13.7 None of the provisions of these Terms will be held to have been waived by either party, except by an instrument in writing signed by a duly authorised officer or representative of each party. The waiver by either party of any right hereunder or the failure to enforce at any time any of the provisions of these Terms, or any rights with respect thereto, will not be deemed to be a waiver of any other rights hereunder or any breach or failure of performance of the other party.
13.8 The Learning Group reserves the right to vary or amend the Terms at any time, and any variation or amendment will take effect with respect to Contracts entered into from the date the Student is notified.
The type of information we collect depends on the type of dealings you have with us.
Where you make an enquiry about, or Enrol in, a Course, we may collect your name, email contact details, telephone numbers, residential and postal addresses, gender, date of birth, driver’s licence and/or passport details, employment history, occupation and personal interests, banking and payment details and security question and answer. Where we need to communicate with you, we may collect your email contact details, telephone numbers, residential and postal addresses.
The Learning Group also purchases information from third parties who obtain contact details of potential students through jobsites, social media and online or print advertising.
The information you provide will be collected by us and may be disclosed to third parties that help us deliver our products and services (including other education providers, marketing agencies, researchers, business partners, financial institutions) or as required by law.
We may disclose personal information to entities outside Australia, including data hosting and other service providers.
The Learning Group will make information held about Students available to them upon written request in accordance with the Privacy Act 1988 (Cth). Students also have the right to request correction of personal information held about them. A student who wishes to request access to their personal information, or to have it correct, should email The Learning Group at email@example.com
By accepting these Terms, the Student acknowledges, agrees and warrants that it:
(b) understands that by signing these Terms and having its Enrolment accepted, it is entering into a binding Contract with The Learning Group;
(c) subject to clause 2, is over the age of 18 and an Australian resident and can provide evidence of same on request;
(d) has satisfactory Language, Literacy and Numeracy (LLN) skills;
(e) has reliable access to a stable, virus-free computer or laptop and a reliable internet connection;
(f) does not have any medical, physical or behavioural conditions that would prevent it from completing the Course or abiding with these Terms that it has not disclosed to The Learning Group;
(g) has disclosed all relevant information in the course of applying for Enrolment; and