This is the Agreement between you and Your Learning Portal Pty Ltd ABN 89 67741 6590 for the course or courses you are studying with or through Your Learning Portal.
It is an important document.
This Agreement sets out your obligations to YLP and YLP’s obligations to you, and by accepting it you are acknowledging that you have read it and understand it. You should also refer to YLP’s student policies and procedures published on the YLP website.
It is important that you understand that by accepting this Agreement you are committing to paying the full course fees or a significant percentage of the full course fees unless you cancel your enrolment in writing to YLP within the cooling off period of 7 calendar days from the start date of this Agreement (as defined in clause 27) or unless guarantees under the Australian Consumer Law apply to you.
You cannot ask YLP to extend your course duration, transfer you to another course, or for YLP to issue your certificate unless all course fees that are due at the time have been paid.
Your Obligations
Your obligations under this Agreement include:
1.
Course Fees
you agree to pay all fees associated with your course (plus GST, if applicable);
you agree to pay any applicable administrative fees charged to you by YLP (as outlined in your fee schedule);
you confirm that you fulfil all entry requirements, can meet the physical requirements of any work placement (where applicable) and have the required equipment and/ or tools, as specified on our website and/or course guide, for the course in which you enrol or as discussed with you in the enrolment process, for the course in which you are enrolling. You understand that if you fail to meet any of these requirements, this may impact your ability to complete the course;
you represent and warrant that all information you provided to YLP was accurate and complete and not misleading in any manner, and that you included all information that may impact on your ability to study, and complete the course (such as any pre-existing condition or disability);
you agree to comply with the YLP Student Policies and Procedures;
you must have access to a computer, computer equipment, computer software and internet connection which meet YLP's specifications while you are completing your course;
where applicable to your course (as indicated in the course guide), you must purchase the required kit materials for your course (these are also known as Mandatory Materials) e.g. tools or equipment. You understand that if you fail to do so, you may not be able to complete the required assessments, and this may impact your ability to complete the course;
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 our website at your own expense;
you must inform YLP in writing within 7 days of any corrections or changes to your personal details including name, residential or postal address, email address and phone numbers;
you must provide YLP with your Unique Student Identifier (USI) within 30 days of the date of your enrolment;
you must maintain a current email address for the duration of your course as YLP will communicate with you via email; and
you must retain a copy of all assessments (including portfolios) submitted to YLP for the duration of your course. Assessments submitted by post to YLP will not be returned to you.
2. Your Learning Portal’s Obligations
While you are complying with your obligations under this Agreement (including payment of your course fees): a. YLP will supply you with access to your course materials to enable you to commence and progress in your studies;
Access to your course materials may be managed by YLP (at its sole discretion) to enable you to maintain suitable academic progression in your studies, and taking into consideration successful completion of prior study periods;
YLP will provide you with access to learning, administrative and academic support (where applicable) in accordance with YLP’s Student Policies and Procedures; and
YLP will grade your assessments and provide feedback and grading for your assessments, until the completion of your course or on the earlier termination or end of this Agreement.
3. Certification
YLP will issue appropriate certification to you for your course within 30 days of the successful completion of your course, provided you have paid all Course Fees and any Administrative Fees payable.
4. Accepting this Agreement
You have accepted this Agreement by initialling each page and by applying your signature at the end of the Agreement.
The date you apply your signature to the Agreement is the agreement date.
YLP enters into this Agreement with you when it confirms your enrolment and provides a copy of this Agreement to you.
By accepting this Agreement, you consent to YLP sending you electronic messages or contacting you at the phone number and email address you have provided to YLP, for the duration of this Agreement and a reasonable period after the end of this Agreement. You may opt out of receiving marketing communication at any time, but this does not affect the communications to be sent regarding your course and your enrolment with YLP.
If you are under 18 years of age, your parent or guardian must sign this Agreement and complete the parent or guardian declaration on the Enrolment Form. Under this Agreement, your parent or guardian is responsible for payment of Course Fees and Administrative Fees.
5. Workplace Assessment Obligations
If your course contains work placements, workplace assessments, workplace projects or other structured workplace learning:
it is your responsibility to find a suitable workplace or workplaces to undertake the placement components of your course;
YLP will assess and determine, at its sole discretion, whether the workplace you identify is suitable for placement;
you are responsible for any costs associated with the placement, including any placement fees charged by the host organisation (whether charged to you or to YLP), statutory checks or vaccination costs; and
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.
6. Workplace Assessments
YLP may undertake workplace assessments:
in a range of ways, which may include completion of a logbook, live streaming, telephone interviews with you and your supervisor, and/ or completion of a workplace assessment portfolio; and
in person at approved workplaces. Where the approved workplace is remote, or where live streaming has not been permitted, attendance by an YLP assessor will be at your cost.
If you cannot attend the workplace on the assessment date you must notify YLP in writing 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.
To complete your course, you must complete all mandatory workplace assessments and submit any logbooks and/ or portfolios within the Maximum Duration of your course.
7. Paying Your Course Fees
If you have chosen to pay your Course Fees in full upon enrolment (or by any other payment method), you must pay on or before the due date specified in your Enrolment Form.
8. If you have chosen to pay your Course Fees by instalments, you must:
a. complete and provide to YLP a Payment Plan Agreement;
b. pay all such instalments on or before the due date specified in your Payment Schedule; and
c. complete and provide to YLP a revised Credit Card Authorisation within 7 days of any change to your credit card or banking details.
If a third party is paying your Course Fees, they must complete and sign the Payment Methods Form and a third-party declaration form confirming their details. You are responsible for payment of the Course Fees if the third party stops, charges back or defaults on payment of the Course Fees.
9. Subject to the Australian Consumer Law, if you do not pay the Course Fees by the due date then YLP may:
a. withhold the materials for your course; and/or
b. withhold the grading of assessments; and/or
c. cease or suspend any other obligation YLP or a Partner has under this Agreement; and/or
d. refer the debt to external debt collection or notify relevant credit agencies of your default; and/or
e. withdraw you from the course.
If you are in arrears with by an amount equivalent to three or more instalments, then the total outstanding balance of the Course Fees will become due and payable immediately.
10. The Course Fees do not include:
a. postage of any assessments or other materials by you to YLP;
b. any materials that are listed as “Mandatory Materials”, “Computer Requirements” or “Additional Requirements” for your particular course on the YLP website and/ or course guide;
c. any costs associated with undertaking placement or workplace assessments, including assessor attendance, personal travel and accommodation, placement fees or uniforms;
d. any applicable Administrative Fees; or
e. any fees and charges with respect to any external examination your course may prepare you to undertake.
11. Course Duration
You must complete your course before the expiry date outlined in YLP’s confirmation of your enrolment. 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 the course fees.
12. Course Extensions, Deferral and Transfers
You may apply for the changes to your enrolment specified in clause 20 by submitting the appropriate request form to YLP and properly completing and lodging any paperwork YLP require to support your application. YLP will only consider your application if you have paid all course fees that are due at the time, and you pay any Administrative Fee as outlined in the Fee Schedule.
13. The changes you may apply for are:
Course Extension: If you require more time to complete your studies, you can apply for a Course Extension before the expiry date of your course and YLP will extend your course by up to 6 months if you comply with clause 19 and:
i. you have not exceeded the 6-month maximum allowed extensions previously;
ii. there are no material changes to the training package for your course;
iii. your course is not in a teach-out period, either set by YLP or due to a course update; and
iv. you pay the Course Extension Fee as outlined in the Fee Schedule.
If YLP approves your Course Extension, the maximum duration of your course is adjusted accordingly.
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 up to 3 months if you comply with clause 12 and you advise YLP of the date you expect to return to study.
If YLP approve your application to defer your study, then YLP may:
i. extend the Maximum Duration of your course by up to 3 months (provided there is no teach-out period on your course or material changes to the training package);
ii. agree an alternative payment plan with you, which may include deferral of instalments for up to 3 months; and/or
iii. provide you with additional academic and learning support services.
c. Course Transfer: You may apply for a Course Transfer within the first 3 months of the Agreement Date in accordance with YLP’s Course Transfer Policy. A copy of this policy is located on our website and in hard copy at the Administration desk.
14. Changes During Your Studies
YLP reserves the right to update the YLP Student Policies and Procedures from time to time, and generally will provide notice of such updates.
YLP is a registered training organisation, and it must comply with regulations relating to the courses it provides, including changes to the training package relating to the course. You acknowledge that to comply with such regulations, YLP may be required to make changes to your course (including units, learning materials and assessments).
In addition to changes required under clause 14b, YLP may elect to make changes to its courses (including units, learning materials and assessments) from time to time.
Where changes are made pursuant to clause 14b or 14c, then YLP’s Course Change Policy will apply. A copy of this policy is available at the Administration desk and online.
YLP may update the Fee Schedule annually, and such updates will be notified to you with 7 days’ notice via email.
15. Cancellation and Refunds
If you wish to terminate your studies, you must notify YLP in writing with a cancellation request form within an acceptable timeframe.
Subject to the Australian Consumer Law, if YLP receives your Cancellation Request within the Cooling Off Period
which is
7 calendar days from the start date of this Agreement, YLP will refund any Course Fees you have paid, less the applicable Administrative Fees as outlined in the Fee Schedule.
The start date
of this Agreement is the date on which all the following conditions have been met: a. you have accepted this Agreement in accordance with clause 4a, or if you are under 18, your parent or guardian has signed this Agreement all Enrolment Conditions specified in your enrolment form have been met. Enrolment Conditions
may include entry requirements, English language proficiency requirements or other pre-requisites.
16. Cancellation Request
Subject to the Australian Consumer Law and unless otherwise stated in the terms of this Agreement, if you give YLP your Cancellation Request within any of the following periods after your start date, you will be liable to pay to YLP the following percentage of the full Course Fee plus the applicable Administrative Fees as outlined in the Fee Schedule:
From day eight to 25% of your Maximum Duration, 40% of the Course Fees;
For the period 25% to 50% of your Maximum Duration, 70% of the Course Fees; or
Any period greater than 50% of the enrolment period, the full Course Fees.
This liability applies:
Your Confirmation of Enrolment details the dates associated with the periods described above. Any changes to your maximum duration (e.g. through extensions) do not affect the timing of these periods.
If any collection costs have been incurred by YLP under clause 16, you may be liable for these costs at the time of cancellation.
17. Guarantees under the Australian Consumer Law
YLP’s services come with guarantees that cannot be excluded under the Australian Consumer Law and nothing in this Agreement should be read as purporting to exclude the effect of the Australian Consumer Law. These guarantees are that the services:
will be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;
be fit for the purpose or give the results that YLP and the student agreed to; and
be delivered within a reasonable time frame when there is no agreed end date.
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.
Where permissible, Your Learning Portal's liability in relation to a failure to meet a consumer guarantee under the Australian Consumer Law is limited to:
a. supplying the services again; or
b. the payment of the cost of having the services supplied again.
18. Special Consideration
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 or meet your future financial obligations to YLP, you may be eligible for special consideration. Please contact Administration for further information.
19. Other Terms
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. YLP make no representations regarding external examinations.
You may keep the material YLP provides to you. The content of the material is copyright and all intellectual property rights in the material remains the sole property of YLP or the owner of the material. You may not reproduce any part of the materials or assessments other than for personal, non-commercial use without YLP’s prior written consent.
20. Agreement Terms in Law
This Agreement is governed by and must be construed in accordance with the laws in force in South Australia. The parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to this Agreement, its performance or subject matter.
21. All forms of Agreement
The Enrolment Form, Fee Schedule and Payment Plan form, also form part of this Agreement.
22. Additional Terms for New Zealand Citizens
New Zealand Citizens may enrol in selected YLP courses subject to the following additional terms:
You acknowledge that the qualifications delivered by YLP are designed specifically to meet Australian workforce requirements. Further, the Nationally Recognised Training qualifications delivered by YLP are developed in accordance with the Australian Qualifications Framework. You are solely responsible for ascertaining the recognition and appropriateness of your course to the meet your specific requirements in New Zealand.
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 the Structured 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.
DECLARATION AND ACCEPTANCE OF STUDENT AGREEMENT
I declare that the information I have provided is complete, true and accurate to the best of my knowledge.
I consent to the collection, use and disclosure of my personal information in accordance with the Privacy Notice below, and YLP’s Privacy Policy.
I acknowledge that I have read, understood and accept the terms and conditions of the Student Agreement, including in relation to my rights of cancellation and refund.
As a registered training organisation (RTO), Your Learning Portal collects your personal information so we can process and manage your enrolment in a vocational education and training (VET) course with us.
We use your personal information to enable us to deliver VET courses to you, and otherwise, as needed, to comply with our obligations as an RTO.
We are required by law (under the National Vocational Education and Training Regulator Act 2011 (Cth) (NVETR Act)) to disclose the personal information we collect about you to the National VET Data Collection kept by the National Centre for Vocational Education Research Ltd (NCVER). The NCVER is responsible for collecting, managing, analysing and communicating research and statistics about the Australian VET sector.
We are also authorised by law (under the NVETR Act) to disclose your personal information to the relevant state or territory training authority.
NCVER will collect, hold, use and disclose your personal information in accordance with the law, including the Privacy Act1988(Cth) (Privacy Act) and the NVETR Act.
Your personal information may be used and disclosed by NCVER for purposes that include:
Populating authenticated VET transcripts
Administration of VET
Facilitation of statistics and research relating to education
Including surveys and data linkage
Understanding the VET market.
NCVER is authorised to disclose information to the Australian Government Department of Education, Skills and employment (DESE), Commonwealth authorities, state and territory authorities (other than registered training organisations) that deal with matters relating to VET and VET regulators for the purposes of those bodies, including to enable:
Administration of VET, including program administration, regulation, monitoring and evaluation
Facilitation of statistics and research relating to education, including surveys and data linkage
Understanding how the VET market operates, for policy, workforce planning and consumer information.
NCVER may also disclose personal information to persons engaged by NCVER to conduct research on NCVER’s behalf.
NCVER does not intend to disclose your personal information to any overseas recipients.
For more information about how NCVER will handle your personal information please refer to the NCVER’s Privacy Policy at www.ncver.edu.au/privacy.
If you would like to seek access to or correct your information, in the first instance, please contact your RTO using the contact details listed below.
DESE is authorised by law, including the Privacy Act and the NVETR Act, to collect, use and disclose your personal information to fulfil specified functions and activities. For more information about how the DESE will handle your personal information, please refer to the DESE VET Privacy Notice at https://www.dese.gov.au/national-vet-data/vet-privacy-notice.
You may receive a student survey which may be run by a government department or an NCVER employee, agent, third-party contractor or another authorised agency. Please note you may opt out of the survey at the time of being contacted.
At any time, you may contact Your Learning Portal Administration Team Member to:
Request access to your personal information
Correct your personal information
Make a complaint about how your personal information has been handled
Ask a question about this Privacy Notice