Policies, Privacy, Terms & Conditions

Electrical Trades College Pty Ltd T/A Electrical Trades College – Terms & Conditions of Trade

 

  1. Definitions
    • Agreement” means this contract, between ETC, the Student, any trainer, administrator, which all applicable parties agree consists of the entirety of the relationship between the parties, to the complete and unqualified exclusion of any other terms, promises, warranties, representations, or other agreement of any kind in respect to the Services.
    • ETC” means Electrical Trades College Pty Ltd T/A Electrical Trades College, its successors and assigns or any person acting on behalf of and with the authority of Electrical Trades College Pty Ltd T/A Electrical Trades College, that is recognised as a Registered. Training Organisation “RTO” (National Provider RTO 45347).
    • Student” means the person/s, entities or any person acting on behalf of and with the authority of the Student requesting ETC to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
      • if there is more than one Student, is a reference to each Student jointly and severally; and
      • if the Student is a partnership, it shall bind each partner jointly and severally; and
      • if the Student is a part of a Trust, shall be bound in their capacity as a trustee; and
      • includes the Student’s executors, administrators, successors and permitted assigns.
    • Employee” shall mean the Student’s Employee or Employees participating in the training program provided by ETC.
    • Incidental Items” means any goods, documents, designs, drawings, books, course materials and any other learning tools supplied, created or deposited incidentally by ETC in the course of it conducting, or supplying to the Student, any Services.
    • Services” means the provision of access to Our Learning Management System (“LMS”) and units of competency which include learning resources and online learning and training materials for the electrical trades industry (such as documents, written content, testing procedures, study aides and relevant images, etc.) and systems for the submission and assessment of student work and messages, divided into individual subject modules (“Unit/s”), and as provided by ETC to the Student, at the Student’s request from time to time, and shall include any training, advice or recommendations.
    • Course” shall mean any Course provided by ETC to the Student and includes any advice or recommendations (and where the context so permits shall include any supply of Training Service and Course Work as defined below).
    • New Entrant Course” shall mean a Course targeted for specific cohort participants designed for new entrants that want to get qualified.
    • RPL Course” shall mean a Recognition of Prior Leaning Course designed to formally recognise knowledge, skills and work performance gained through formal training and work experience in the industry.
    • Training Service and Course Work” shall mean all Training Services and Course Work supplied by ETC to the Student and includes any training (and where the context so permits shall include any provision of the Course as defined above).
    • Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
    • Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular Student and website, and can be accessed either by the web server or the Student’s computer. If the Student does not wish to allow Cookies to operate in the background when ordering from the website, then the Student shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to ordering Services via the website.
    • Fee” means the Fee payable (plus any GST where applicable) for the Services as agreed between ETC and the Student in accordance with clause 7 of this Agreement.
    • GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999” Cth.

 

  1. Acceptance
    • The Student is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Student places an order for, or accepts Services provided by ETC.
    • This Agreement:
      • is effective from the date of the Student acceptance of these terms and conditions and continues unless/and until terminated by either party on thirty (30) days written notice to the other party; and
      • records the entire Agreement between the parties as to its subject matter. It supersedes any prior understanding or Agreements between the parties in connection with it.
    • None of ETC’s employees, agents or representatives are authorised to make any representations, statements, conditions, views, opinions or agreements not expressed by the Director of ETC in writing, nor is ETC bound by any such unauthorised statements.
    • These terms and conditions are meant to be read in conjunction with the Terms and Conditions and Privacy Policy Manual posted on ETC’s website. If there are any inconsistencies between the two documents then the terms and conditions contained in this document shall prevail.
    • The Student acknowledges and agrees that if ETC purchases any or all products (including, but not limited to, laptops or mobile devices, clothing required for workshops (such as, safety shoes or overalls), paper, folders, clipboards, envelopes, printing, textbooks, photos) on behalf of the Student, then the Student agrees to indemnify ETC for all such disbursements including time and labour involved, and shall be invoiced separately as per clause 2.
    • Where the Student has identified language, literacy, numeracy or special needs, ETC will ensure notes are recorded in the Student’s file, the Student’s management system and will follow through with special assistance at the time of the Course induction.
    • Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.

 

  1. New Entrant Course
    • This is a Course that runs over forty-eight (48) months or until the commencement of relevant competencies standards are completed. The Commencement of the New Entrant Course is the date of their first day given to the Student as listed on their timetable within their training plan.

 

  1. Recognition of Prior Learning (RPL) and National Recognition
    • RPL is available on the provision of verification by the Student to ETC prior to the commencement of the RPL Course which shall take place when the Student signs the enrolment form. The Student may ask for RPL if they believe that they already have the skills and knowledge that will be taught and assessed in a subject. The Student must complete an application form and must attach copies of any supporting documentation. The Student must allow seven to fourteen (7-14) days for processing of the application. The RPL charges will vary, according to the Course being undertaken and how many units are being applied for.
    • ETC will recognise any AQF qualification granted by another Australian Registered Training Organisation free of charge. If the Student wishes to apply for exemption for competencies gained at another RTO (cross credit transfer), the Student will need to provide certified copy of the award upon enrolment.

 

  1. Errors & Omissions
    • The Student acknowledges and accepts that ETC shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
      • resulting from an inadvertent mistake made by ETC in the formation and/or administration of this Agreement; and/or
      • contained/omitted in/from any literature (hard copy and/or electronic) supplied by ETC in respect of the Services.
    • In the event such an error and/or omission occurs in accordance with clause 1, and is not attributable to the negligence and/or wilful misconduct of ETC; the Student shall not be entitled to treat this Agreement as repudiated nor render it invalid.

 

  1. Change in Control
    • The Student shall give ETC not less than fourteen (14) days prior written notice of any proposed change of ownership of the Student and/or any other change in the Student’s details (including but not limited to, changes in the Student’s name, address, and contact phone or fax number/s, change of trustee or business practice). The Student shall be liable for any loss incurred by ETC as a result of the Student’s failure to comply with this clause.

 

  1. Confidentiality
    • The Student agrees that they will, and ensure that its employees and agents will, keep confidential the manuals and other materials and aids supplied by ETC and will not disclose it to any other person without the written consent of ETC. Upon completion of any Agreement with ETC and the Student must return all copies of manuals and other copyright material whether in written, electronic or other form except as otherwise agreed with ETC.  No copies of such materials are to be retained or used by the Student.
    • The Student assumes liability for all loss or damage suffered by ETC as a result of breach of confidentiality undertaken by it, by itself or its employees or agents.
    • The obligations of confidentiality shall survive the finalisation or discontinuance of any Agreement between the Student and ETC.

 

  1. Fee and Payment
    • At ETC’s sole discretion the Fee shall be either:
      • as indicated on any invoice provided by ETC to the Student; or
      • the Fee as at the date of delivery of the Services according to ETC’s current Fee schedule in the Course Information Brochure, RPL Blended Course Guide and Student Handbook; or
      • ETC’s quoted Fee (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
    • ETC reserves the right to change the Fee in the event of a variation to ETC’s Agreement for Provision of Services. Any variation from the plan of scheduled Services or specifications (including, but not limited to, any variation due to equipment or Training Service and Course Work being unavailable for the scheduled training, or as a result of increases to ETC in the cost of Training Service and Course Work and staffing, or as a result of an increase by the RTO, or as a result of travel, phone, and courier costs incurred by ETC on behalf of the Student, that is beyond the control of ETC) will be charged for on the basis of ETC’s Agreement for Provision of Services and will be detailed in writing, and shown as variations on ETC’s invoice. Payment for all variations must be made in full at their time of completion. The Student shall be required to respond to any variation submitted by ETC within ten (10) working days.  Failure to do so will entitle ETC to add the cost of the variation to the Fee.  Payment for all variations must be made in full at the time of their completion.
    • At ETC’s sole discretion a deposit may be required.
    • Time for payment for the Services being of the essence, the Fee will be payable by the Student on the date/s determined by ETC, which may be:
      • by way of instalments/progress payments in accordance with ETC’s payment schedule;
      • the date specified on any invoice or other form as being the date for payment; or
      • failing any notice to the contrary, the date which is fourteen (14) days following the date of any invoice given to the Student by ETC.
    • Courses or Student places that are funded through government contracts for eligible Students such as NSW Training Services – Smart and Skilled funding for apprenticeships must be advised to ETC at the time of enrolment. It will be the Students responsibility to organise payment to ETC subject to the RTO’s conditions.
    • Payment may be made by cash, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Student and ETC.
    • ETC reserves the right to not release the Course Completion Certificate until full Course Fees have been paid and the Student has met all obligations to ETC covered in this Agreement.
    • The Student shall not be entitled to set off against, or deduct from the Fee, any sums owed or claimed to be owed to the Student by ETC nor to withhold payment of any invoice because part of that invoice is in dispute.
    • Unless otherwise stated the Fee does not include GST. In addition to the Fee the Student must pay to ETC an amount equal to any GST ETC must pay for any supply by ETC under this or any other Agreement for providing ETC’s Services. The Student must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Student pays the Fee. In addition, the Student must pay any other taxes and duties that may be applicable in addition to the Fee except where they are expressly included in the Fee.

 

  1. Cancellation and Refund Policy
    • ETC may cancel any Agreement to which these terms and conditions apply, or cancel the Course at any time before the Course has commenced, by giving notice to the Student via phone or email. On giving such notice ETC shall either repay to the Student any sums paid in respect of the Fee or transfer the balance to another Course. ETC will not authorise the transfer of Fees to any other institution or student. ETC shall not be liable for any loss by the Student howsoever arising out of such cancellation.
    • Any withdrawal from a New Entrant Course (provided notice is received by ETC at least fourteen (14) days prior to the commencement of the Course) shall entitle the Student to a refund of the Fees paid to ETC. Any withdrawal by the Student outside the required notice timeframe, shall incur an administration fee of one hundred and fifty dollars ($150.00). Cancellation of the Course within seven (7) days shall incur an administration fee of four hundred and fifty dollars ($450.00)
    • No refund will be paid to the Student where more than fifty percent (50%) of the Course has been completed and Course Materials dispatched. For exceptional circumstances, the Student may apply in writing to the Director of Electrical Trades College.
    • Any withdrawal from a RPL Course after commencement shall forfeit the deposit paid by the Student (plus any additional expenses that may have been incurred by ETC), but payment shall not be required for the entire Course. The cancellation fees applicable for a RPL Student are specified below:

 

Cooling off period – 5 days from Course commencement

No Fees payable

After Commencement

Forfeit Deposit, maximum of $1 500

 

  1. Provision of Services
    • Where the Student is enrolled in a face to face Course at any one of ETC’s training locations, the delivery and assessment of the Course must incorporate the relevant occupational health and safety legislation and requirements, as they apply to work practices. Any action by the Student that jeopardises the health, safety or welfare of others may result in the Student being expelled from the Course.
    • Any time specified by ETC for delivery of the Services is an estimate only and ETC will not be liable for any loss or damage incurred by the Student as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Services to be supplied at the time and place as was arranged between both parties. In the event that ETC is unable to supply the Services as agreed solely due to any action or inaction of the Student then ETC shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date.

 

  1. Attendance and Punctuality
    • It is recommended by ETC that the Student arrives five (5) minutes prior to the scheduled starting time of the Course.
    • It is the responsibility of the Student to advise if the Student is to be absent as soon as is practically possible, and inform ETC of the estimated length of absence.
    • Casual and/or Trial Course are subject to ETC’s availability, failure to attend a scheduled Course will result in the chargeable Fee being forfeited in lieu of absence.
    • The Student will not be able to attend the Course for any period of time during which:
      • the Student is suffering from a disease or condition which is contagious through normal social contact; or
      • a medical practitioner has recommended the Student not attend.

 

  1. Emergency Contacts
    • The Student must provide ETC with the names and addresses of two (2) responsible persons over the age of eighteen (18) years who can collect the Student in case of an emergency or illness. When contacted by the Director of Electrical Trade College (or their delegate), the Student (or a responsible person authorised thereby) must go immediately to ETC’s premises to collect the sick or injured Student.

 

  1. Accident or Emergency
    • Whilst every reasonable effort shall be made by ETC to contact the Student (or Emergency Contacts) in the event of an accident or emergency, the Student hereby gives authority to the Director of Electrical Trades College (or their delegate) to, on behalf of the Student, authorise the administration of medication, transportation to hospital and administration of treatment as is recommended by the Student’s doctor, any attending doctor, ambulance officer, police or Government Officer. The Student will be responsible for any costs incurred as a result of transportation or treatment.

 

  1. Assessments
    • The Student will be given feedback on submitted assessments, but no assessment will be copied and returned to the Student, and it shall be the responsibility of the Student to keep record of submitted assessments. In the event the Student does not agree with any assessment, an appeal can be made as per clause 16, provided the appeal has been lodged within seven (7) days of the Student’s receipt of assessment feedback.

 

  1. Disciplinary Procedures
    • If the Student is found to be cheating (collusion or plagiarism), harassing other students or staff, or breaking the law in any other way, will face disciplinary action. This may involve the expulsion of the Student from the Course immediately, without refund of Fees, and in some cases may involve a report to the Police.

 

  1. Complaints and Grievance Policy
    • The Student shall be entitled to report any concern they may have in relation to Course Work/Training, any matters of safety, care or quality of services, or where the Student wishes to make a suggestion. These shall be addressed with the appropriate ETC’s staff member, or if the complaint is in relation to any of the staff, to the Director of Electrical Trades College, where in most incidences the issue can be rectified.
    • All complaints must be made to ETC in writing and will be acknowledged by ETC (in writing) within seven (7) days of receipt. ETC will take all reasonable steps to resolve any complaint within sixty (60) days of receipt of the complaint.
    • Where the complaint is in relation to any staff member of ETC:
      • the complaint, and the identity of the complainant, will be kept confidential between the parties concerned;
      • a written record of events will be documented by ETC’s director, in order to authenticate, monitor and evidence the complaint;
      • all compiled written information will be considered by the Director of ETC to enable an informed decision to be made regarding the complaint;
      • the complainant and applicable staff member(s) will be advised of the outcome of the investigation and any disciplinary action, which will be managed in accordance with the Fair Work Act 2009, etc.;
      • in the event the complainant is unsatisfied with the outcome of the investigation, ETC’s management and the complainant shall confer to discuss the matter further;
      • if the complainant is still not satisfied with the outcome, they are within their rights to contact the Department of Education and/or the Australian Competition and Consumer Commission.

 

  1. Intellectual Property
    • Copyright in the Course Materials shall remain vested in ETC, and are only to be used by the Student for the purpose of completing the Course. Other than as allowed under the Copyright Act 1968, and the conditions therein, the Student agrees that they shall not in any way sell, reproduce, adapt, distribute, transmit, publish or create derivative works from any part of the Course Materials.

 

  1. Consents
    • Unless expressly requested otherwise in writing, the Student permits ETC to photograph or video record the Student for quality assurance, safety, assessment, planning, evaluation, documentation, promotional or marketing purposes (including but not limited to social media, newsletters and slideshows, and DVD’s for display in the centre and/or gifts to parents), or to be used within ETC (as well as on ETC’s website), and/or local and national newspaper stories.

 

  1. Risk
    • Irrespective of whether ETC retains ownership of any Incidental Items all risk for such items shall pass to the Student as soon as such items are delivered to the Student and shall remain with the Student until such time as ETC may repossess the Incidental Items in accordance with clause 3(b). The Student must insure all Incidental Items on or before delivery.
    • ETC reserves its right to seek compensation or damages for any damage, destruction or loss suffered in relation to the Incidental Items as a result of the Student’s failure to insure in accordance with clause 1.

 

  1. Limitation of Liability
    • In no circumstances shall ETC be liable for any personal injury resulting in injury or death, loss and/or damage or expense arising out of or caused by any act or omission of an employee of the Student whether or not any such act or omission is negligent.
    • The Student hereby disclaims any right to rescind, or cancel any Agreement with ETC or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Student by ETC, and the Student acknowledges that the Course are bought relying solely upon the Student’s skill and judgment.
    • ETC undertakes to act in all professional matters as a faithful consultant to the Student, whose interests will be watched over with skill and care. Notwithstanding, ETC shall only be liable to the Student for the consequences of any negligent act, omission or statement of ETC, and then only to the extent and limitations referred to
    • Subject to clause 25 ETC shall be under no liability whatsoever to the Student for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Student arising out of a breach by ETC of these terms and conditions (alternatively ETC’s liability shall be limited to damages which under no circumstances shall exceed the Fee of the Services).
    • The liability of ETC shall cover only direct loss or damage in respect of the Services, or other matters arising directly from the scope of the Services agreed in the quotation, and then only to the maximum limit specified as per clause 4. All references herein to loss or damage shall be deemed to exclude loss or damage sustained by any third party in respect of which the Student is liable and responsible (as between the Student and the third party) whether by statute, contract tort or otherwise.
    • The liability of ETC to the Student shall expire twelve (12) months from the issue of the last invoice relevant to the particular Services, unless in the meantime the Student has made a claim in writing to ETC, specifying a negligent act, omission or statement said to have caused alleged loss or damage sustained or sustainable.
    • Notwithstanding clauses 3 to 20.6, ETC shall not be liable for any loss or damage sustained or sustainable by a Student in relation to:
      • errors occurring in plans, designs or specifications not created or prepared by ETC;
      • errors occurring during the course of any services which are not provided by, nor the responsibility of, ETC;
      • the use of any Documentation or other information of advice without the approval of ETC.

 

  1. Insurance
    • ETC shall have the following insurances in place:
      • Public Liability;
      • Professional Indemnity Business Cover;
      • Workers Compensation;

 

  1. Title
    • ETC and the Student agree that where it is intended that the ownership of Incidental Items is to pass to the Student that such ownership shall not pass until:
      • the Student has paid ETC all amounts owing for the Services; and
      • the Student has met all other obligations due by the Student to ETC in respect of all Agreements between ETC and the Student.
    • Receipt by ETC of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then ETC’s ownership or rights in respect of the Incidental Items shall continue.
    • It is further agreed that, until ownership of the Incidental Items passes to the Student in accordance with clause 1:
      • the Student is only a bailee of the Incidental Items and must return the Incidental Items to ETC immediately upon request by ETC;
      • the Student irrevocably authorises ETC to enter any premises where ETC believes the Incidental Items are kept and recover possession of the Incidental Items.

 

  1. Personal Property Securities Act 2009 (“PPSA”)
    • In this clause financing statement, financing change statement, security Agreement, and security interest has the meaning given to it by the PPS
    • Upon assenting to these terms and conditions in writing the Student acknowledges and agrees that these terms and conditions constitute a security Agreement for the purposes of the PPSA and creates a security interest in:
      • all Incidental Items previously supplied by ETC to the Student;
      • all Incidental Items will be supplied in the future by ETC to the Student; and
      • all the Student’s present and after acquired property being a charge, including anything in respect of which the Student has at any time a sufficient right, interest or power to grant a security interest in for the purposes of securing repayment of all monetary obligations of the Student to ETC for Services – that have previously been provided and that will be provided in the future by ETC to the Student.
    • The Student undertakes to:
      • promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which ETC may reasonably require to;
        • register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        • register any other document required to be registered by the PPSA; or
        • correct a defect in a statement referred to in clause 3(a)(i) or 23.3(a)(ii);
      • indemnify, and upon demand reimburse, ETC for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Incidental Items charged thereby;
      • not register a financing change statement in respect of a security interest without the prior written consent of ETC;
      • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Incidental Items in favour of a third party without the prior written consent of ETC.
    • ETC and the Student agree that sections 96, 115 and 125 of the PPSA do not apply to the security Agreement created by these terms and conditions.
    • The Student waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    • The Student waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    • Unless otherwise agreed to in writing by ETC, the Student waives their right to receive a verification statement in accordance with section 157 of the PPSA.
    • The Student must unconditionally ratify any actions taken by ETC under clauses 3 to 23.5.
    • Subject to any express provisions to the contrary (including those contained in this clause 23) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

 

  1. Security and Charge
    • In consideration of ETC agreeing to supply Services, the Student charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Student either now or in the future, to secure the performance by the Student of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
    • The Student indemnifies ETC from and against all ETC’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising ETC’s rights under this clause.
    • The Student irrevocably appoints ETC and each director of ETC as the Student’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 24 including, but not limited to, signing any document on the Student’s behalf.

 

  1. Defects, Warranties and the Competition and Consumer Act 2010 (CCA)
    • The Student must inspect ETC’s Services on completion of the Services and must within seven (7) days notify ETC in writing of any evident defect in the Services or Incidental Items provided (including ETC’s workmanship) or of any other failure by ETC to comply with the description of, or quote for, the Services which ETC was to supply. The Student must notify any other alleged defect in ETC’s Services or Incidental Items as soon as is reasonably possible after any such defect becomes evident. Upon such notification the Student must allow ETC to review the Services or Incidental Items that were provided.
    • If ETC is required to rectify, re-supply, or pay the cost of re-supplying the Services under this clause or the CCA, but is unable to do so, then ETC may refund any money the Student has paid for the Services but only to the extent that such refund shall take into account the value of Services and Incidental Items which have been provided to the Student which were not defective.
    • Nothing in this Agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.

 

  1. Default and Consequences of Default
    • Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at ETC’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    • If the Student owes ETC any money the Student shall indemnify ETC from and against all costs and disbursements incurred by ETC in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ETC’s contract default fee, and bank dishonour fees).
    • Further to any other rights or remedies ETC may have under this Agreement, if a Student has made payment to ETC, and the transaction is subsequently reversed, the Student shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by ETC under this clause 26 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Student’s obligations under this Agreement.
    • Without prejudice to ETC’s other remedies at law ETC shall be entitled to cancel all or any part of any order of the Student which remains unfulfilled and all amounts owing to ETC shall, whether or not due for payment, become immediately payable if:
      • any money payable to ETC becomes overdue, or in ETC’s opinion the Student will be unable to make a payment when it falls due;
      • the Student has exceeded any applicable credit limit provided by ETC;
      • the Student becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Student or any asset of the Student.

 

  1. Compliance with Laws
    • The Student and ETC shall comply with the provisions of all statutes, regulations (including the National Vocational Education and Training Regulator) and bylaws of government, local and other public authorities such as the ASQA (Australian Skills Quality Authority) that may be applicable to the Course.
    • The Student agrees that the site will comply with any occupational health and safety laws and any other relevant safety standards or legislation.
    • All staff employed by ETC is qualified to the standards required by the National Quality Council (or its successors) and meet the requirements of the AQTF.

 

  1. Privacy Policy
    • All emails, documents, images or other recorded information held or used by ETC is Personal Information, as defined and referred to in clause 0, and therefore considered Confidential Information. ETC acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). ETC acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Students Personal Information, held by ETC that may result in serious harm to the Student, ETC will notify the Student in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Student by written consent, unless subject to an operation of law.
    • Notwithstanding clause 1, privacy limitations will extend to ETC in respect of Cookies where the Student utilises ETC’s website to make enquiries. ETC agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Student’s:
      • IP address, browser, email client type and other similar details;
      • tracking website usage and traffic; and
      • reports are available to ETC when ETC sends an email to the Student, so ETC may collect and review that information (“collectively Personal Information”)

If the Student consents to ETC’s use of Cookies on ETC’s website and later wishes to withdraw that consent, the Student may manage and control ETC’s privacy controls via the Student’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.

  • The Student agrees for ETC to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Student in relation to credit provided by ETC.
  • The Student agrees that ETC may exchange information about the Student with those credit providers and with related body corporates for the following purposes:
    • to assess an application by the Student; and/or
    • to notify other credit providers of a default by the Student; and/or
    • to exchange information with other credit providers as to the status of this credit account, where the Student is in default with other credit providers; and/or
    • to assess the creditworthiness of the Student including the Student’s repayment history in the preceding two (2) years.
  • The Student consents to ETC being given a consumer credit report to collect overdue payment on commercial credit.
  • The Student agrees that personal credit information provided may be used and retained by ETC for the following purposes (and for other agreed purposes or required by):
    • the provision of Services; and/or
    • analysing, verifying and/or checking the Student’s credit, payment and/or status in relation to the provision of Services; and/or
    • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Student; and/or
    • enabling the collection of amounts outstanding in relation to the Services.
  • ETC may give information about the Student to a CRB for the following purposes:
    • to obtain a consumer credit report;
    • allow the CRB to create or maintain a credit information file about the Student including credit history.
  • The information given to the CRB may include:
    • Personal Information as outlined in 0 above;
    • name of the credit provider and that ETC is a current credit provider to the Student;
    • whether the credit provider is a licensee;
    • type of consumer credit;
    • details concerning the Student’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
    • advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Student no longer has any overdue accounts and ETC has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
    • information that, in the opinion of ETC, the Student has committed a serious credit infringement;
    • advice that the amount of the Student’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
  • The Student shall have the right to request (by e-mail) from ETC:
    • a copy of the Personal Information about the Student retained by ETC and the right to request that ETC correct any incorrect Personal Information; and
    • that ETC does not disclose any Personal Information about the Student for the purpose of direct marketing.
  • ETC will destroy Personal Information upon the Student’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Agreement or is required to be maintained and/or stored in accordance with the law.
  • The Student can make a privacy complaint by contacting ETC via e-mail. ETC will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Student is not satisfied with the resolution provided, the Student can make a complaint to the Information Commissioner at oaic.gov.au.

 

  1. Lien
    • Where the Student has left any of the Student’s documentation with ETC for ETC to provide any Services in relation to that documentation and ETC has not received or been tendered the whole of the Fee, or the payment has been dishonoured, ETC shall have:
      • a lien on the documentation; and
      • the right to retain the documentation whilst ETC is in possession of the documentation until such time as payment has been made in full; and
      • the lien of ETC shall continue despite the commencement of proceedings, or judgment for the Fee having been obtained; and
      • ETC shall be under no obligation to release the documentation to the Student if the Student is in default of payment except as may be required by any law or statute.

 

  1. Service of Notices
    • Any written notice given under this Agreement shall be deemed to have been given and received:
      • by handing the notice to the other party, in person;
      • by leaving it at the address of the other party as stated in this Agreement;
      • by sending it by registered post to the address of the other party as stated in this Agreement;
      • if sent by facsimile transmission to the fax number of the other party as stated in this Agreement (if any), on receipt of confirmation of the transmission;
      • if sent by email to the other party’s last known email address.
    • Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

 

  1. Trusts
    • If the Student at any time upon or subsequent to entering in to the Agreement is acting in the capacity of trustee of any trust (Trust) then whether or not ETC may have notice of the Trust, the Student covenants with ETC as follows:
      • the Agreement extends to all rights of indemnity which the Student now or subsequently may have against the Trust and the trust fund;
      • the Student has full and complete power and authority under the Trust to enter into the Agreement and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Student against the Trust or the trust fund. The Student will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
      • the Student will not without consent in writing of ETC (ETC will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events;
        • the removal, replacement or retirement of the Student as Trustee of the Trust;
        • any alteration to or variation of the terms of the Trust;
        • any advancement or distribution of capital of the Trust; or
        • any resettlement of the trust property.

 

  1. General
    • The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • These terms and conditions and any Agreement to which they apply shall be governed by the laws of New South Wales the state in which ETC has its principal place of business, and are subject to the jurisdiction of the Bankstown Courts in that state.
    • ETC may licence and/or assign all or any part of its rights and/or obligations under this Agreement without the Student’s consent.
    • The Student cannot licence or assign without the written approval of ETC.
    • ETC may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Agreement by so doing. Furthermore, the Student agrees and understands that they have no authority to give any instruction to any of ETC’s sub-contractors without the authority of ETC.
    • The Student agrees that ETC may amend their general terms and conditions for subsequent future Agreements with the Student by disclosing such to the Student in writing. These changes shall be deemed to take effect from the date on which the Student accepts such changes, or otherwise at such time as the Student makes a further request for ETC to provide Services to the Student.
    • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
    • Both parties warrant that they have the power to enter into this Agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Agreement creates binding and valid legal obligations on them.