- 1.1. In these Terms and Conditions, unless the context or subject matter requires otherwise, reference to:
- “Accredited Training” means training provided by a party (other than etrainu or its related entities) which is accredited under the Australian Skills Quality Authority (ASQA);
- “Distributor” means the entity which delivers the Training from the Provider to the Participant;
- “Employer Record” means the record which may be kept by the Distributor and to which the Participant may or may not be able to access;
- “etrainu” means either or both of Challenge National Pty Ltd and etrainu;
- “etrainu Supplied Accredited Training” means Training which is identified as such on the Website and which will be delivered by etrainu as a Registered Training Organisation registered with the Australian Skills Quality Authority (ASQA) in accordance with the VET Quality Framework;
- “Information” means any documentation, details or data (including personal information as that term is defined in the Privacy Act) or any other information, of whatever kind and in whatever format, as the context requires;
- “Key Code” means a unique digital code issued to the Participant electronically through the Website by etrainu which is used to access Training purchased through the Website;
- “Law” means all Acts of the Commonwealth, Acts and Ordinances of any State or Territory in which any work under these Terms and Conditions is carried out and all Ordinances, regulations, by laws, orders or a determination or proclamation under an Act or Regulation, subordinate legislation and including any policies;
- “My Partnerships Page” means the page identified as such on the Website;
- “My Training Page” means the page identified as such on the Website;
- “My Training Plan Page” means the page identified as such on the Website;
- “Non-accredited Training” means the training programs identified on the Website as non-accredited;
- “Participant” means an individual participant in a training course provided or delivered by etrainu and includes an individual who commences an application to undertake such a course (a prospective Participant);
- “Permissions” means the section identified as such on the Participant’s My Partnership Page;
- “Privacy Act” means the Privacy Act 1988 (Cwth) as amended;
- “Provider” means the entity which provides the Training to the Participant and by providing the Training has a Training Partnership with the Participant;
- “RTO” or ”Registered Training Organisation” means a training organisation registered by the Australian Skills Quality Authority (ASQA) in accordance with the VET Quality Framework;
- “Terms and Conditions” means these Website Terms and Conditions;
- “Third Party Training Information” means with reference to a Training Partnership, any information which relates to Training provided by a different Training Partner;
- “Training” means any Accredited Training or Non-accredited Training provided through the Website;
- “Training Partner” means an entity with which a Participant has, or will by completing an application on the Website and being granted a Key Code, has entered into relationship for the provision of Training;
- “Training Partnership” means the relationship between the Participant and a Training Partner which enables them to view certain information about the Participant, the Participant’s Training and the Participant’s records, and to assign records and Training to the Participant;
- “Unique Student Identifier” means a unique number specifically allocated to each Participant under the Standards for NVR Registered Training Organisations 2012;
- “Website Terms and Conditions” means the terms and conditions available on the Website;
- “Website” means www.etrainu.com, and;
- “Website Procedures” means the procedures and requirements of the website as they may be amended from time to time, as detailed on the Website.
- 1.2. persons include natural persons, trustee, trusts and other legal entities.
- 1.3. an agreement or document means that agreement or document as varied, amended, novated or supplemented.
- 1.4. no rule of Law will apply to the detriment of one party on the basis that that party put forward or drafted these Terms and Conditions or any part of them or would otherwise obtain benefit from them.
2.Invoicing and Payment
- 2.1. Payment may be made by following the relevant Website Procedures, or otherwise by prior arrangement with etrainu.
- 2.2. The amount of the payment will be shown as a credit (“Credit”) on the Website, and will be available for use by the Participant for a period of twelve (12) months from the date of the payment.
- 2.3. The payment may be applied by the Training Partner in payment of Training purchased by the Participant through the Website, up to the amount of the Credit, by following the relevant Website Procedures.
- 2.4. If the value of the Training purchased by the Participant is less than the amount held of the payment, then the balance will remain as a Credit on the Website for twelve (12) months from the date on which the payment is made.
- 2.5. The Participant acknowledges and agrees that:
- 2.5.1. it will not be entitled to a refund of the whole or any part of a payment; and
- 2.5.2. any balance of a payment remaining twelve (12) months after the date on which the payment was made will be forfeited to etrainu.
- 2.6. etrainu may, in its absolute discretion agree to extend the time frames referred to in this clause.
- 2.7. To avoid doubt, Training will be deemed to have been purchased by the Participant at the time at which the Participant has complied with all relevant Website Procedures to enable a Key Code to be issued to the Participant for the Training selected.
- 2.8. Unless otherwise agreed in writing by the Participant and etrainu, the Participant will be charged in accordance with the pricing displayed on the Website at the time of purchase.
- 3.1. To the extent permitted by law, etrainu is not liable for, and the Participant releases etrainu from, any and all claims, demands, actions or in respect of any losses, damages costs or expenses of any kind whatsoever arising out of or relating in any way to the Training or these Terms and Conditions.
- 5.1. etrainu and the Participant both consent to the requirements for any signature being satisfied by electronic communication pursuant to section 14 of the Electronic Transactions (Queensland) Act 2001.
- 5.2. Where any consent to the use of electronic communications is required by the Electronic Transactions (Queensland) Act 2001, both etrainu and the Participant irrevocably give that consent.
- 6.1. The Participant warrants that the Information which it provides to etrainu, whether directly or indirectly, or through the Website, is provided in good faith and is true and correct to the best of the knowledge information and belief of the Participant.
- 6.2. To avoid doubt, it is a breach of this Agreement by the Participant to provide false or misleading Information to etrainu, whether directly or indirectly, or through the Website, or to otherwise display false or misleading Information on the Website.
- 6.3. Without limiting clause 4, the Participant releases etrainu from and indemnifies against any liability arising out of or in connection with any false or misleading information provided by any Participant.
- 6.4. The Participant acknowledges that, to the extent allowable at law, etrainu does not guarantee the accuracy of, and is not liable for any loss or damage caused by, any Information provided or displayed on the Website, by any third party
7.Obligations of Participant
- 7.1. Participants who undertake Training must:
- 7.1.1. undertake that Training in a responsible manner ensuring that the it reads and understands the course material, including material to which the it is directed through links to other websites or attached articles;
- 7.1.2. recognise that activities are part of the learning process;
- 7.1.3. complete all activities and revise the course if it is unable to complete the required tasks correctly prior to attempting the assessment tasks;
- 7.1.4. not use material from any other source in the Participant’s assessments without recognising that source, including information available on the web;
- 7.1.5. conduct the Training in the manner detailed;
- 7.1.6. only lodge materials as part of the Participant’s assessments which are the Participant’s own work;
- 7.1.7. not seek or accept assistance with assessments except for support offered by the accredited and recognised on-line support offered by etrainu, and approved mentors assisting students approved to receive language literacy and numeracy support.
- 7.2. The Participant warrants that the Information which it provides to etrainu, whether directly or indirectly, or through the Website, or which is otherwise displayed on the Website, is provided in good faith and is true and correct to the best of its knowledge, information and belief.
- 7.3. To avoid doubt, it is a breach of these Terms and Conditions by the Participant to provide false or misleading Information to etrainu, whether directly or indirectly, or through the Website, or to otherwise display false or misleading Information on the Website.
- 7.4. The Participant warrants where content accessed on the etrainu Learning Management System is owned by another party or provider, that party or provider retain all rights and Intellectual Property related to that content.
8.etrainu Supplied Accredited Training
- 8.1. etrainu warrants that at the time of providing etrainu Supplied Accredited Training, such Training complies with all relevant requirements of:
- 8.1.1. the VET Quality Framework and National Vocational Education and Training Regulator Act 2011;
- 8.1.2. the Vocational Education, Training and Employment Act 2000 (Qld); and
- 8.1.3. all other requirements of Law.
- 8.2. Participants who successfully complete etrainu Supplied Accredited Training to the standard required by the National Vocational Education and Training Regulator Act 2011 will receive a statement of attainment certifying that the etrainu Supplied Accredited Training completed complies with the requirements that Authority.
- 8.3. Participants who fail to successfully complete etrainu Supplied Accredited Training in accordance with the NVR standards may be required to repeat the Training, or a part of the Training, prior to a statement of attainment being issued.
- 8.4. Unless otherwise agreed in writing by etrainu, the Participant must pay for any additional Training accessed by the Participant because of its failure to successfully complete the Training on its first attempt.
- 8.5. For the avoidance of doubt etrainu does not warrant that Accredited Training which is not etrainu Supplied Accredited Training complies with the requirements listed in clause 7.1.
- 9.1. A Training Partnership will be established for each Participant when either:
- 9.2. A Provider or a Distributor establishes the Participant’s profile on the Website in which case the Training Partnership will be with the Provider, or
- 9.3. The Participant established a profile on the Website in which case that Training Partnership will be with etrainu.
- 9.4. The Training Partner will always be able to access the Participant’s:
- Information gathered at the point in time at which Training was delivered,.
- Information uploaded to the site by them, and
- Results of Training provided or distributed by them.
- 9.5. A Training Partner may, in addition to the Information referred to in the preceding paragraph, have access to the following Information:
- The Participant’s contact details;
- an Employer Record of the Participant’s contact details which relate to contact details current during the Participant’s period of employment with them;
- training Certificates or Statements of Attainment in respect of Training distributed or provided by it;
- any Training, Information or records the Participant have decided to make public through the Participant’s Permissions on the Website;
- the Participant’s results of Training provided by the Training Partner
- training plans;
- notes; and
- any other Information which may be contained on the Website in relation to the Participant
- 9.6. A Training Partner will also be able to upload Information about the Participant to the Website. This Information may be uploaded so that the Participant can access it, or it may be uploaded so that only the Participant’s Training Partner can access it. A Training Partner may also amend certain Information about the Participant on the Website.
- 9.7. The Participant may allow any Training Partner access to Third Party Provider Information, or user created Information by making the appropriate selections in the Participant’s My Training, My Partnerships and My Training Plan pages of the Website. This occurs through use of the Permissions tab and through making information public. Any information which the Participant chooses to make public can be viewed by any of the Participant’s Training Partners.
- 10.1. For Accredited Training, the Participant must access any Training within three (3) months after the Training is purchased.
- 11.1. The Participant may not assign or otherwise transfer any of its rights or obligations under these Terms and Conditions without the prior written permission of etrainu.
- 12.1. The Participant may at any time end a Training Partnership by selecting the Remove Partnership option for the relevant Training Partner on its my Partnerships Page.
- 12.2. The Training Partner may at any time end the Training Partnership without the Participant’s consent.
- 12.3.1. immediately and without notice suspend the Participant’s access to the Website; and
- 12.3.2. by written notice to the Participant, specify the breach and state that it must be remedied within fourteen (14) days after the date the notice is given.
- 12.3.3. If the breach is not remedied, or if reasonable steps are not taken to remedy it within that period, then etrainu may, without further notice:
- 22.214.171.124. prohibit the Participant from using or accessing any Training or Information relating to the Participant through the Website; and
- 126.96.36.199. delete any Information relating to the Participant from the Website.
- 12.4. Once a Training Partnership is ended:
- i. the Participant will no longer have access to the Training provided by the Training Partner;
- ii. the Training Partner will not have access to any Information which comes into existence after the date on which the Partnership is ended, but the Training Partner will still have access to Information to which it was entitled to access prior to the date on which the Partnership ended; and
- iii. the Training Partner may continue to upload Information to the Website which neither the Participant nor any other Provider can see, but that Information may still be viewed by etrainu.
13.Notices and Electronic Communications
- 13.1. For the purposes of the Electronic Transactions (Queensland) Act 2001 (Qld) etrainu and the Participant consent to:-
- 13.1.1. any information required or permitted to be given in writing under a state law being given by an electronic communication;
- 13.1.2. any signature required to be given under a state law being given electronically using the procedures outlined on the Website;
- 13.1.3. any document required or permitted by a state law to be produced being produced electronically.
- 13.2. Without limiting clause 12.1 any notice required or permitted to be given under these Terms and Conditions may be given in any way allowed by law, including by way of email.
- 13.3. A notice sent by email transmission is effective upon receipt of confirmation of successful transmission to the recipient unless it is transmitted after the close of normal business hours, or on a Saturday, Sunday, public holiday or 27, 28 or 29 December, in which case it is effective on the opening of business on the next business day at the intended place of receipt.
- 14.1. These Terms and Conditions are governed by the laws of Queensland and the parties submit to the jurisdiction of the courts of that State.
- 15.1. This Agreement may be amended only in writing signed by the Parties.
- 16.1. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions must not in any way be affected or impaired. These Terms and Conditions must be construed so as to most nearly give effect to the original intent of the parties.
17.Goods & Services Tax
- 17.1. If GST is imposed on any Supply made by the etrainu under these Terms and Conditions, the Participant must pay, in addition to any GST-exclusive consideration for the Supply payable by the Participant, an additional amount calculated by multiplying the prevailing GST rate by that GST-exclusive consideration.
- 17.2 Unless otherwise stated all prices and amounts referred to in these Terms and Conditions are exclusive of GST.
- 17.3 In this clause:
- GST has the same meaning as in the GST Act.
- GST Act means A New Tax System (Goods and Services Tax) Act 1999 as amended.
- Supply has the same meaning as in the GST Act.