This is the Contract between you and ViewJobs Academy Pty Ltd ACN 675964673 (VJA) for the course you are undertaking with or through VJA. It is an important document. This Contract sets out your obligations to VJA and VJA’s obligations to you, and by accepting it you are acknowledging that you have read it and understand it.It is important that you understand that by accepting this Contract you are committing to paying the full course unless you cancel your enrolment in writing to VJA within the money back guarantee period of 2 days from the start date of this Contract (as defined in clause 6) or unless Special Consideration or guarantees under the Australian Consumer Law apply to you. You cannot ask VJA to extend your course duration or defer your course or for VJA to issue your qualification certificate unless all course fees that are due at the time have been paid or unless Special Consideration or guarantees under the Australian Consumer Law apply to you.
1. Your obligations under this Contract include:
a. you agree to pay all fees associated with your course plus GST, if applicable (Course Fees);
b. you agree to pay any Administrative Fees charged to you by VJA under the Schedule of Administrative Fees published on the VJA website (see www.viewjobsacademy.com.au (Administrative Fees);
c. you confirm that you fulfil all entry requirements and have the required equipment, as specified on the VJA website, for the course in which you enroll;
d. you represent and warrant that all information you provided to VJA was accurate and complete and not misleading and that you included all information that may impact on your ability to complete the course (such as a disability);
e. you agree to comply with VJA’s student policies and procedures and or the terms and conditions as published on the VJA website (VJA Student Policies and Procedures);
f. you must have access to a computer, computer equipment, computer software and internet connection which meet VJA's specifications from time to time while you are completing your course;
g. you may be required, depending on your particular course, to provide additional equipment or materials or undertake additional studies or certifications as set out on the VJA website at your own expense;
h. you must inform VJA in writing within seven (7) days of any corrections or changes to your personal details including name, residential or postal address, email address and phone numbers;
i. you must maintain a current email address for the duration of your course as VJA will communicate with you via email and through our Learning Management System;
j. you must retain a copy of all assessments submitted to VJA for the duration of your course. Assessments submitted by mail to VJA will not be returned to you.
2. While you are complying with this Contract:
a. VJA will supply you with the materials for the first study period of your course which may be partly or fully through our Learning Management System (LMS);
b. VJA will supply you with the materials for the subsequent study periods for your course after VJA have determined, in its sole discretion, that you have successfully completed the prior study period for your course;
c. VJA will provide you with access to our LMS from your computer where that computer uses equipment, software and internet capability which meet VJA's specifications from time to time;
d. VJA will provide you with access to learning and administrative support; ande. VJA will grade your assessments, or procure that a relevant Partner grades your assessments, and provide feedback and grades for your assessments through our LMS; until the completion of your course or on the earlier termination or end of this Contract.
3. In some cases, VJA delivers courses in partnership with other registered training organisations (Partners). Details of the Partners are available on the relevant course page on the VJA website. Where a Partner assists to provide your course it may award your qualification. If you are enrolled in a course that involves a Partner you will still be bound by this Enrolment Contract.
4. VJA or the Partner (whoever is most appropriate) will issue appropriate certification to you for your course once you have successfully completed all study periods and paid all Course Fees.
5. You have accepted this Contract by:
a. signing the ApplicationForm; or
b. clicking “Accept”on the webpage; or
c. clicking “Accept”in the online enrolment system; or
d. verbally agreeing to your enrolment with a VJA representative; or
e. agreeing to a payment date
6. The start date of this Enrolment Contract (Enrolment Date) is the date on which all of the following conditions have been met:
a. you have accepted this Enrolment Contract in accordance with clause 5, or if you are under 18, your parent or guardian has signed this Enrolment Contract;
b. all Enrolment Conditions specified in your Application Form have been met. Enrolment Conditions may include entry requirements, English language proficiency requirements or other pre-requisites; and
c. VJA sends you your login details.
7. VJA enters into this Contract with you when it confirms your enrolment and provides a copy of this Contract to you.
8. By accepting thisContract, you consent to VJA sending you electronic messages or contacting you at the phone number and email address you have provided to VJA, for the duration of this Contract and a reasonable period after the end of thisContract.
9. If you are under 18 years of age, your parent or guardian must sign this Contract and complete the parent or guardian declaration form. Under this Contract, your parent or guardian is responsible for payment of Course Fees and Administrative Fees.
10. If your course contains work placements, workplace assessments or other structured workplace learning (Structured Workplace Learning):
a. you must find a suitable workplace or workplaces to undertake the Structured Workplace Learning components of your course;
b. VJA will assess and determine, in its sole discretion, whether the workplace you identify is suitable for the particular Structured Workplace Learning;
c. you may be required to travel to an appropriate workplace (at your own cost) if you are unable to locate an appropriate workplace within your local area; and
11. VJA may undertake workplace assessments:
a. in a range of ways, which may include completion of a logbook; telephone interviews with you and your supervisor; and completion of a workplace assessment portfolio;
b. at approved workplaces. If you cannot attend the workplace on the assessment date you must notify VJA in writing fourteen (14) days before the assessment date. Failure to attend the assessment or cancellation of the assessment less than 14 days from the assessment date may result in an Administrative Fee being incurred, which you must pay.
12. To complete your course, you must complete all mandatory workplace assessments within the maximum duration of your course.
13. If you are paying your Course Fees in full VJA upfront, you must pay on or before the due date specified in your Application Form.
14. If you are paying your Course Fees by instalments, you must: a. complete and provide to VJA a Credit Card Authorisation or a Direct Debit Request Service Contract;
b. pay all such instalments on or before the due date specified in your Application Form; and
c. complete and provide to VJA a revised Credit Card Authorisation or a Direct Debit Request Service Contract within seven (7) days of any change to your credit card or banking details.
15. Subject to the Australian Consumer Law, if you do not pay the Course Fees by the due date then VJA may:
a. withhold the materials for your course; and/or
b. restrict access to our LMS; and/or
c. withhold the grading of assessments; and/or
d. cease or suspend any other obligation VJA or a Partner has under this Contract; and/or
e. notify relevant credit agencies of your default; and/or
f. withdraw you from the course. If you are in arrears with three or more instalments, the total outstanding balance of the Course Fees will become due and payable immediately.
16. It is your responsibility to ensure that on the due date for any direct debit payment, clear funds are available in your nominated account to meet the direct debit payment. Refer to the Terms and Conditions of Debit success Contract for details on administrative fees applicable for dishonoured payments.
17. The Course Fees do not include:
a. postage of any assessments or other materials by you to VJA;
b. any materials that are listed as “Computer Requirements” or “Additional Requirements” for your particular course on the VJA website;
c. travel, accommodation or other personal costs (such as uniforms) associated with undertaking a work placement or workplace assessments;
d. any applicable Administrative Fees; or
e. any fees and charges with respect to any external examination your course may prepare you to undertake.
18. You must complete your course before the expiry date outlined in VJA’s confirmation of your enrolment (Maximum Duration). Subject to the Australian Consumer Law, if you do not complete the course within the Maximum Duration, your enrolment will expire and you will not be entitled to any refund or partial refund of Course Fees.
19. You may apply for the changes specified in clause 20 to your enrolment by submitting the appropriate Request Form to VJA (including where applicable the relevant sections completed by a qualified Medical Doctor) and properly completing and lodging any paperwork VJA require to support your application. Subject to the Australian Consumer Law, VJA will only consider your application if you have paid all Course Fees that are due at the time and you pay an Administrative Fee as outlined in the Schedule of Administrative Fees.
20. The changes you may apply for are:
a. Course Extension: If you require more time to complete your studies, you can apply fora Course Extension before the expiry date of your course and VJA will extend your course by VJA to six (6) months if you comply with clause 19 and:
i. there are no material changes to the training package for your course; and
ii. your course is not in a teach-out period.If VJA approve your Course Extension, the MaximumDuration of your course is adjusted accordingly.
b. Course Deferral:If you encounter difficulties or changed circumstances that are likely to impact on your ability to study you may apply to defer your study for VJA to six (6) months if you comply with clause 19 and you advise VJA of the date you expect to return to study. If VJA approve your application to defer your study, then VJA may:
i. extend the Maximum Duration of your course by VJA to six (6) months;
ii. agree an alternative payment plan with you, which may include deferral of instalments for VJA to six (6) months; and/or
iii. provide you with additional academic and learning support services. Once a Course Deferral has been approved the dates associated with the percentage liability will be adjusted in line with the approved deferral period.
21. VJA is an online short course provider and it must comply with regulations relating to the courses it provides. You acknowledge that to comply with such regulations, VJA may be required to make changes to courses (including units, learning materials and assessments) and the VJA Student Policies and Procedures from time to time.
22. In addition to changes required under clause 21, VJA may change the courses (including units, learning materials and assessments) and the VJA Student Policies and Procedures from time to time.
23. If a material change is made pursuant to clauses 21 or 22, then VJA will:
a. give you 14 days’ notice (by email) before the change applies; and
b. work with you to address any potential disadvantage you think may arise from the change, by, for example:
i. extending theMaximum Duration of your course;
ii. giving you additional learning support services;
iii. facilitating your transfer to a different VJA course; or
iv. giving you the option to complete your course (subject to availability and compliance with relevant regulations).
24. If a material change is made pursuant to clause 21 and that change results in disadvantage which is unable to be addressed by clause 23, you may apply for Special Consideration under clause 32. If a material change is made pursuant to clause 22, and that change results in disadvantage which is unable to be addressed by clause 23, you may apply for Special Consideration under clause 32 or you may elect to cancel your enrolment and receive a refund of your Course Fees, less the applicable Administrative Fees as outlined in the Schedule of Administrative Fees
25. VJA may Update the Schedule of Administrative Fees, and such Updates will be:
a. made in February each year;
b. notified to you with 14 days’ notice (by email); and
c. limited to a maximum increase of 5% in any one calendar year.
26. If you wish to terminate your studies, you must notify VJA in writing (Cancellation Request).
27. Subject to the Australian Consumer Law, if VJA receives your Cancellation Request within the Money Back Guarantee which is two (2) calendar days from the start date of this Contract, VJA will refund any Course Fees you have paid, less the applicable Administrative Fees as outlined in the Schedule of Administrative Fees.
28. Subject to the Australian Consumer Law and unless otherwise stated in the terms of this Contract, if you give VJA your Cancellation Request within any of the following periods after your start date, you will be liable to pay to VJA the following percentage of the full Course Fee plus the applicable Administrative Fees as outlined in the Schedule of Administrative Fees:
i. From the end of week 1 to end of week 18, forty percent (40%) of the Course Fees;
ii. From the end of week 19 to end of week 36, seventy percent (70%) of the Course Fees;
iii. any time after the end of week 36, the full Course Fees, as shown below:
iv: A cancellation fee of $395 inc GST may be applied upon cancellation of this contract, at the discretion of the company.
This liability applies:
a. whether or not you have paid the Course Fees in full at the time you give your Cancellation Request; and
b. if you are paying the Course Fees by instalments.
29. Our services come with guarantees that cannot be excluded under the Australian Consumer Law and nothing in this Contract should be read as purporting to exclude the effect of the Australian Consumer Law. These guarantees are that the services:
a. will be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;
b. be fit for the purpose or give the results that VJA and the student agreed to; and
c. be delivered within a reasonable time frame when there is no agreed end date.
30. You are entitled to receive the services again or a refund for a major failure in the service and you may also be entitled to compensation for any other reasonably foreseeable loss or damage. You are entitled to receive the services again if the service fails to be of acceptable quality and the failure does not amount to a major failure.
31. If you encounter difficulties or changed circumstances that are serious and continuing and are likely to materially impact on your ability to complete your course, you can apply for Special Consideration.
32. If there has been a material change to your course under clause 21 or 22 resulting in material disadvantage to you which cannot be addressed under clause 23, you can apply for Special Consideration.
33. To apply for Special Consideration, you must submit a Special Consideration Request Form to VJA, including the relevant sections completed by a qualified Medical Doctor (where applicable) and any other requested additional supporting documentation.
34. If Special Consideration is granted VJA may agree to:
a. extend the Maximum Duration of your course;
b. give you additional support services;
c. release you from the payment of future instalments of the Course Fees; and/or
d. grant a pro-rata refund of the Course Fees (taking into account the portion of the course that has been completed and the costs associated with the provision of learning materials).
35. Without limitation, Special Consideration will not be given if you seek Special Consideration only on the basis that:
a. you have changed jobs;
b. your work hours changed;
c. you have moved address (including inter-state or international moves);
d. you find the course more difficult, time consuming or stressful than you had expected; or
e. you have resigned from or terminated your employment. For clarification, a student is still eligible to apply for Special Consideration such as on financial hardship or on medical grounds even where one of these factors also applies.
36. New Zealand Citizens may enrol in selected VJA courses subject to the following additional terms:
a. You acknowledge that the qualifications delivered by VJA are designed specifically to meet VJA course requirements.
b. You are solely responsible for ascertaining the recognition and appropriateness of your course to the meet your specific requirements in New Zealand.
c. If your course contains work placements, workplace assessments or other structured workplace learning, it is your responsibility to:
i. find an appropriate workplace to undertake theStructured Workplace Learning components of your course in Australia;
ii. ensure that you meet the relevant visa requirements to enable you to undertake your work placement in Australia and ensure that you have no visa restrictions that will prevent you from undertaking a work placement in Australia; and
iii. complete any necessary regulatory checks, including those that may be required in Australia as specified in the Workplace Assessment Guide for your course, for example National Police Check and Working with Children Check.
37. If your course prepares you to undertake external examinations you are responsible for establishing your own eligibility and making arrangements to attend and pay for any fees and charges with respect to the external examination. VJA make no representations regarding external examinations.
38. You may keep the material VJA provides to you. The content of the material is copyright and all intellectual property rights in the material remains the sole property of VJA or its nominated third party. You may not reproduce any part of the materials or assessments other than for personal, non-commercial use without ViewJobs Academy' prior written consent.
39. This Contract is governed by and must be construed in accordance with the laws in force in NewSouth Wales. The parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth ofAustralia in respect of all matters arising out of or relating to this Contract, its performance or subject matter.
The Application Form and Payment Schedule form part of this Contract.
