Learning People takes its responsibility to its students very seriously. Please read these Terms and Conditions carefully, if you have any questions please don’t hesitate to contact enquiries.
It is important that you fully understand the contents of these Terms and Conditions, if there’s anything you don’t understand, we’d urge you to talk to someone before signing.
Your programme includes;
- Access to your specific online programme content (called a Pathway), access is open for a period of 12, 18 or 24 months, which is agreed at enrolment.
- Unlimited 24/7 access to our online e-learning education content platform (requires internet access), allowing you to study anytime and anywhere.
- Access to live classrooms (course dependent) – requires student to register for a class.
- Access to pre-recorded classroom content (course dependent).
- Access to subject matter experts and mentors (course dependent).
- Access to webinars, podcasts and other content on a range of useful topics.
- Dedicated StudentCare assistance to ensure you progress towards your intended certification - including study planning, mentoring, access to additional study materials and resources (where required) as well as monitoring progress against your goals.
- Career Services advice to improve your CV/LinkedIn profile, set a strategy to target relevant vacancies and in-depth interview preparation.
- The relevant exams for your Pathway (once the eligibility criteria have been met)
- Once your study period ends access to all the services will cease, with the exception of Career Services.
- Course swaps are purely at the discretion of Learning People and are limited to specific IT, Coding and Project courses. If granted we would only be able to facilitate one course swap during a study period. Course swaps do not extend the initial study period.
The agreement between us;
- There is a 5-day cooling off period after which you are unable to cancel your enrolment.
- After the Cancellation/Cooling-off Period, you are liable for the enrolment fees in full, even if you should later withdraw from the programme, unless you qualify for specific conditions set out in our Change of Circumstances Policy (see Schedule 2).
- You are liable for the enrolment fees in full, regardless of whether you have chosen to pay those fees through a finance agreement that facilitates payment in instalments.
- Exam vouchers are only issued during the study period of 12 - 24 months
- Students must commit to study the course materials.
- Inform your third-party finance provider or Learning People, as soon as possible, should you not be able to make your payments as agreed.
1 | DEFINITIONS
Please see schedule 1.
2 | SIGNING UP TO A STUDY PROGRAMME
2.1 | Please read these Terms and the details of your Study Programme carefully before you enrol. If you think that there is a mistake, please contact us so we can address any concerns and please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees.
2.2 | You confirm that you are solely responsible for ensuring that you possess the necessary capability required to enrol on a specific Learning Pathway and that you will comply with the Course Rules and these Terms throughout the duration of your Study Programme.
2.3 | The Course Materials provided to you may contain licence agreements from companies other than us, including for example the Course Providers. You must comply with the terms of those licence agreements for the duration of your Study Programme. Please contact us if you are not sure where to find copies of these agreements.
2.4 | Our examination providers also have examination guidelines that you must follow during your Study Programme. These guidelines are available on request from your applicable examination provider. Please contact us if you are not sure who your exam provider is and we will confirm this for you.
2.5 | The Service is only available in English and it is your responsibility to ensure you have the right working visa(s) in place in order for us to support you in identification of future employment opportunities
2.6 | We do not warrant or guarantee that your enrolment in, or completion of, any Study Programme will result in, or improve the likelihood of, you securing any kind of employment or other benefit.
2.7 | If you are already employed or engaged as an employee or consultant, we do not warrant or guarantee that your enrolment onto or completion of any Study Programme, will result in or improve the likelihood of you receiving an increase of remuneration or any other benefit.
2.8 | You are solely responsible for ensuring that the purchase of, and your enrolment onto, any Study Programme is appropriate to your specific needs and objectives.
3 | ENROLMENT
3.1 | Your Study Programme will be limited to the period specified for your Learning Pathway, commencing from the Enrolment Date.
3.2 | Extensions to your Study Programme may be considered where a request is made in writing at least 10 days prior to the date on which your Study Programme is due to end. In certain circumstances there is a fee payable by you to extend your Study Programme. If such a fee is applicable to you, we will confirm the amount payable by you at the time a request for an extension is made so that you can decide whether or not you wish to pay the fee and extend your Study Programme.
3.3 | For applicable Project Management Learning Pathways, you must complete the relevant member application form which we have supplied to you (you can request another copy from us if needed).
3.4 | You are responsible for ensuring you have appropriate computer equipment to undertake your Study Programme which involves accessing online content. Students who consider themselves to have a disability must declare this at the time of enrolment and we will endeavour to facilitate suitable arrangements for them on a case-by-case basis.
3.5 | We ask you to pay a deposit at the time of enrolment, which is a percentage of the applicable Fees for your Study Programme. We will confirm the exact amount due at the time of enrolment and deposits must be paid by credit card, debit card or direct bank transfer.
4 | CANCELLATION
For the avoidance of doubt these Terms relate to a commitment to a Study Programme and do not relate to a subscription service which, except were stated below, cannot be cancelled. The provisions of this clause 4 do not affect your statutory rights.
4.1 | Subject to clause 4.2, you can cancel your Study Programme within 5-days from the date you signed Learning People’s terms and conditions. To cancel your Study Programme within this period you must inform us in writing via:
Email: [email protected] and/or
Post: The Learning People Level 3 151 Cambridge Terrace Christchurch CBD 8013
4.2 | During the 5-day cooling off period, you have the right to:
a) Log on to the learning platform (s) related to your Pathway and spend up to 6 hours reviewing the content. If you exceed the 6 hours, you waiver the cooling off period refund policy.
b) Students are invited to a Welcome Orientation (online meeting) at the start of the learning period, at this session our StudentCare team will also demonstrate the platforms, the student then has the additional 6 hours to review as stated in 4.2a.
c) It is important to ensure you log out of the platforms when not reviewing content or the system will continue to calculate your time on the platform.
d) The aim of having access to the platform during the 5-day period is for you to have an overview of what the content looks like, it isn’t meant for a student to complete a course.
4.3 | If you wish to cancel your Study Programme in accordance with clause 4.1, and you have entered into a Continuous Payment Authority with us, you must also cancel this within the same 5-day period. Please notify us using the contact details in clause 4.1 to do this. Once the 5-day period has expired you may cancel your Continuous Payment Authority but you will remain responsible for the full Fees payable for your Study Programme and you must source an alternative payment method.
4.4 | If you cancel your Study Programme in accordance with clause 4.1 you will receive a full refund of the Fees less (i) any licence and/or exam fees we have already incurred which are non-refundable (see list of courses below where such fees are non-refundable). We shall make refunds within 30 days of receipt of your written notification of your cancellation.
- ITIL 4 Foundation
- ITIL 4 Create Deliver and Support (CDS)
- ITIL 4 Specialist: High-velocity IT (HVIT)
- ITIL 4 Specialist: Drive Stakeholder Value (DSV)
- ITIL 4 Strategist: Direct, Plan and Improve (DPI)
- ITIL 4 Leader: Digital and IT Strategy (DITS)
- Lean Six Sigma Yellow Belt (IASSC)
- Management of Risk Foundation (MOR) 3rd Edition
- Management of Portfolios (MOP)
- MoV Foundation
- MSP Foundation
- MSP Practitioner
- P3O Foundation
- PRINCE 2 AGILE Foundation
- PRINCE 2 AGILE Practitioner
- PRINCE2 Foundation
- PRINCE2 Practitioner
4.5 | The provisions of this clause 4 do not affect your statutory rights.
5 | YOUR OBLIGATIONS
5.1 | You shall:
5.1.1 | ensure that the terms of the Study Programme meet your training needs and career aspirations;
5.1.2 | cooperate with us in all matters relating to the Service;
5.1.3 | provide us with such information as we may reasonably require in order to provide the Study Programme and ensure that such information is accurate.
5.2 | If our performance of the Service is prevented or delayed by any act or mission by you (a “Default”) then:
5.2.1 | we will notify you of this and we shall have the right to suspend performance of the Study Programme until you remedy the Default; and
5.2.2 | we shall not be responsible for any costs or losses incurred by you arising from your Default; and
5.2.3 | you shall reimburse us on reasonable request for any costs or losses we incur as a result of your Default.
6 | COURSE MATERIALS
6.1 | We will use our reasonable endeavours to provide login details for the Online Learning System specific to you within five (5) business days from the Enrolment Date. We will do this by emailing the login details to the email address you provide to us. On receipt of the login, you will be able to access the online Course Materials.
6.2 | You are solely responsible for any costs and expenses related to accessing and/or running the Course Materials on any computer system. We strongly recommend that before enrolling on any Study Programme you confirm the compatibility of your computer system with published computer specification for Course Materials for the relevant Study Programme.
6.3 | Unless expressly stated, Course Materials do not include personal stationery, special materials, textbooks and any other study related material you may elect to purchase at your own cost.
6.4 | We will use our reasonable endeavours to ensure that whilst you are enrolled on a Study Programme that the Course Materials will be available to you via the Online Learning System on an uninterrupted basis save for:
i) unavailability due to our or a Course Provider’s scheduled maintenance of the Online Learning System; or
ii) additional downtime measured on a monthly basis not exceeding 3% of all other time during that month; or
iii) an event outside our control (for more details on these circumstances see clause 16).
6.5 | We shall have no responsibility or liability to you for your inability to access the Online Learning System due to issues beyond our control such as the speed of your internet connection or other connection devices used, your use of third-party security software or firewall/proxy servers, or the performance levels of your internet service provider.
6.6 | If you do experience problems with the Online Learning System or access to Course Materials, please contact Learning People StudentCareTM on 1 800 953025 in Australia and 0800 110194 in New Zealand or by emailing [email protected]. We will attempt to resolve such problems within a reasonable time. You agree to provide us with such diagnostic information as we may reasonably require in order that we may resolve the problem.
6.7 | Should our team not be available or are unable to help with any access issues, useful contact details can be found on our StudentCare page. For all project management and IT students:
- Skillsoft technical support is available 24×7 by emailing [email protected] or ringing 1 300 728 377 in Australia and 0 800 738 324 in New Zealand; and
- ILX support is available by emailing [email protected]
6.8 | You are granted a licence to access and use the Course Materials solely in respect of your Learning Pathway for the duration of the Study Programme. Where other content is made available to you, it is provided solely to allow you to review the scope of other content available for purchase. If the additional content proves to be something of interest to you then you should contact your career consultant to discuss adding it to your course content so you can legally gain access to it.
6.9 | Where a Learning Pathway includes a live class it is provided as part of the overall Study Programme. If you fail to attend the class, this does not constitute grounds for your withdrawal from the Study Programme.
6.10 | The mode of assessment varies between Study Programmes and between Course Providers and may include online assessments and/or submission of written assessments or any combination thereof. We reserve the right to change the mode of assessment applicable to a Study Programme at any time, including after your start of your Study Programme. We will give you as much notice as possible of any change to the mode of assessment.
6.11 | Whilst we make reasonable efforts to ensure the accuracy of Course Materials, we cannot guarantee that the Course Materials will be error free.
6.12 | You acknowledge and agree that due to the rapidly evolving nature of information technology, Course Materials may become outdated and/or incorrect at any time. If you discover an error or an inaccuracy in the Course Materials and/or the Online Learning System then please notify us and we will take all reasonable steps to promptly rectify this. You cannot cancel your Study Programme as a result of any inaccurate content as we aim to update content as soon as our partners make us aware.
6.13 | We have the right to make any change to a Study Programme which is necessary to comply with any applicable law. We will give you as much notice as we can of any changes which may affect your Study Programme.
7 | FEES
7.1 | The Fees will be as set out in the quotation we provided to you. We reserve the right to amend the Fees if you still wish to enrol on a course after your quotation has expired.
7.2 | The Fees include GST. However, if the rate of GST changes between the date of the quotation and the Enrolment Date, we will adjust the GST you pay, unless you have already paid for the Study Programme in full before the change in the rate of GST takes effect.
7.3 | It is always possible that, despite our efforts, a Study Programme may be incorrectly priced. If you think we have made a mistake, please contact us to discuss your concern and we will endeavour to address any incorrect pricing in a fair and transparent way.
7.4 | Payment for all Study Programmes must be made in full on or before the Enrolment Date, by credit or debit card, direct bank transfer or a direct payment from a Lending Provider with whom you have entered into a Credit Agreement. We do accept payment in instalments via a Continuous Payment Authority but only on prior written agreement by us.
7.5| The option to pay in instalments through a Continuous Payment Authority or through a Credit Agreement are intended to facilitate access to the Study Programme for a wider range of students where there is an inability to pay in full on or before the Enrolment Date. For the avoidance of doubt, if a Student wishes to pay in instalments the Fees are still payable in full and this will remain the case even if the Student fails to participate or complete their Study Programme.
7.6 | If you wish to make payment to us by direct debit, you may only do so by agreeing to enter into a direct debit mandate with your bank that provides for payment to us in instalments and with full payment of the Course Fees being made in less than 12 months – such period starting from the date of the direct debit mandate.
7.7 | Subject to any exception outlined in clause 9, Course Fees cover all Course Materials.
8 | CREDIT AGREEMENTS
8.1 | We work in partnership with a number of Lending Providers to give you the option to pay for your Study Programme by fixed and/or equal monthly instalments under a Credit Agreement.
8.2 | If you wish to enter into a Credit Agreement then we will signpost you to the options available. If the Lending Provider agrees to extend credit to you then they will pay the Fees directly to us on your behalf in respect of your Study Programme.
8.3 | If you sign a Credit Agreement and then decide to withdraw from it you are still responsible for paying the Fees and you must make payment using an alternative method.
8.4 | Your Credit Agreement is with a third party and not with us. You are solely responsible for ensuring your monthly payments are made on time. Any default on payment(s) may result in additional charges, debt recovery and legal proceedings.
8.5 | Should you choose to discontinue your studies, or withdraw from your Study Programme, you are still bound by the terms of your Credit Agreement with your chosen Lending Provider and you will continue to be responsible for ensuring your monthly payments are made on time.
9 | CONTINUOUS PAYMENT AUTHORITY
9.1 | We may allow you to pay your Fees in full at the time of enrolment or through an approved payment method, which may include a fixed-term instalment plan.
9.2 | To qualify for a fixed-term instalment plan, you will be required to sign a Continuous Payment Authority which constitutes a legally binding agreement between you and us and that agreement must be read in conjunction with these Terms.
9.3| If you cancel your Continuous Payment Authority and there are still monies owed to us, we will charge your nominated credit or debit card for the remaining amount before cancelling the Continuous Payment Authority unless you have already agreed an alternative payment method with us in writing.
10 | FAILURE TO PAY
10.1 | If you do not pay us on time, we will notify you of the outstanding amount due and we may:
10.1.1 | suspend your access to all Course Materials until you have paid the outstanding amounts; or
10.1.2 | cancel the Continuous Payment Authority if payment remains outstanding for more than 14 days and require you to pay any balance outstanding in full; or
10.1.3 | If payment remains outstanding for more than 45 days after the due date, we will send you a final payment notice by email requiring you to pay the outstanding balance. If you fail to pay all outstanding amounts within 14 days of that notice, your account may be referred to a third-party debt collection agency.
11 | EXAMINATIONS AND RESITS
11.1 | When you purchase a Study Programme you are enrolled into a 12, 18 or 24 month Study Programme depending on your requirements. We will confirm the length of your applicable Study Programme in writing.
11.2 | The cost of your Study Programme includes exam fees and may include resit fees. Please check our exams policy (available on request) if you are unsure about which fees are included.
11.3 | You may only sit exams outlined in your Study Programme. If you are in any doubt, please contact your StudentCare consultant. We will not pay for any exam that is not in your Study Programme. The following terms apply in respect of exams:
11.3.1 | you must take any examinations, including necessary resits, within the original agreed study period of either 12, 18 or 24 months from your Enrolment Date, unless otherwise agreed with us in writing at the time of enrolment; and
11.3.2 | you must access and complete all study modules and test preps associated with that exam within two weeks prior to taking the exam; and
11.3.3 | you must achieve a minimum score of:
(i) at least 80% in all associated exam preparation modules and test prep for Learning Pathways in our Technology Study Programmes, and
(ii) at least 70% for our Project Management Study Programmes; and
11.3.4 | if you have not accessed any training module for at least two months or more, you must complete the end of module test again, achieving a minimum score of 70%-80% (depending on the type of Study Programme) before sitting the exam; and
11.3.5 | if you fail an examination, including necessary resits, you must provide us with an original copy of the examination transcript within five days of each failed examination. You will need to re-take the test prep prior to the issue of an exam voucher for re-sit.
11.4 | You will not be able to request multiple exam vouchers, we will only supply one voucher for a single exam in a series. Each time an exam is passed or re-sat we will provide the single appropriate voucher for the next exam on production of the latest passed/failed exam report.
11.5 | In order to book an exam you must ensure that all payments to us or your Lending Provider are up to date. If your payments are in arrears you will not be able order your exam voucher.
11.6 | If your Study Programme includes an EC-Council licence and exam, this must be activated within your original study period as noted in clause 11.3.1. Failure to activate your EC-Council licence within your original study period will result in the licence being forfeited and you will not be entitled to a refund in such circumstances. If you fail a Certified Ethical Hacker exam you are eligible for 1 free of charge resit in your 12-month enrolment period with EC Council. Under EC Councils rules a resit cannot be booked within 14 days of the last exam sat.
12 | OWNERSHIP OF COURSE MATERIALS
12.1 | All Intellectual Property Rights in or arising out of or in connection with the Service, including the Course Materials, shall be owned by us. You must only use the Course Materials for your own individual learning purposes.
12.2 | You must not publish, copy, sell, broadcast, transmit, or otherwise reproduce or distribute any of the Course Materials. You may, however:
12.2.1 | display the Course Materials and content from the Online Learning System on your computer screen; and
12.2.2 | print one copy of the Course Materials, provided you do not photocopy them; and
12.2.3 | store the Course Materials in electronic form, provided they are not stored on any server or other storage device connected to a
network.
12.3 | If you breach any of the requirements set out in this clause, we may recover any costs or losses we incur as a result of
13 | DATA PROTECTION
13.1 | We will hold, use and process your personal data in accordance with our privacy promise, a copy of which is available here: https://www.learningpeople.com/au/privacy-promise/.
13.2 | As set out in our privacy promise, we may share your personal data with our Course Providers (including exam providers) and third-party companies who may have suitable career opportunities for you. You can decide to opt out of us sharing your information in this way by contacting StudentCare via [email protected].
14 | ENDING YOUR STUDY PROGRAMME
14.1 | If you wish to withdraw from your Study Programme or you experience a change in your personal circumstances which might affect your ability to complete and/or pay for your Study Programme then please contact us using the contact details in clause 4. We will decide the best course of action on a case-by-case basis in accordance with the guidelines and examples set out in our policy, and whilst we will endeavour to take all reasonable factors into consideration, our decision regarding your participation in your Study Programme and the treatment of any outstanding fees is final.
15 | LIMITATION OF LIABILITY
15.1 | Nothing in these Terms limits or excludes The Learning People’s liability for:
15.1.1 | death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors; or
15.1.2 | fraud or fraudulent misrepresentation.
15.2 | Where you are acquiring the Services as a consumer, nothing in these Terms limits or excludes your rights under:
i) the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010); or
ii) the New Zealand Consumer Guarantees Act 1993.
15.3 | Where you are acquiring the Services in trade or for business purposes, The Learning People is not liable for:
15.3.1 |indirect, consequential, or special loss;
15.3.2 | loss of profits, loss of business, or loss of business opportunity (including loss of employment opportunity); or
15.3.3 |any other loss not arising directly from a breach of these Terms.
15.4 | Where permitted by law, The Learning People’s total liability to you arising out of or in connection with the Services (including breach of contract, negligence, or otherwise) is limited to the total fees you have paid for the Service giving rise to the claim.
15.5 | The Learning People is not liable for any failure or delay in providing the Services caused by events outside its reasonable control (see “Events Outside Our Control” clause).
15.6 | This clause 15 survives termination of the Contract.
16 | EVENTS OUTSIDE OUR CONTROL
16.1 | A Force Majeure Event means an event beyond our reasonable control including but not limited to an act of God, fire, flood, storm, war, riot, civil commotion, compliance with any law or governmental regulation, strikes, lock outs or other industrial disputes or any default of our suppliers or subcontractors.
16.2 | If a Force Majeure Event occurs which impacts on our ability to perform the Service then we will not be responsible to you for any consequences you suffer as a result and we shall endeavour to recommence performance of the Service as quickly as we can.
16.3 | If the Force Majeure Event continues for a prolonged period, we may need to terminate the Service and in such circumstances we will give you written notice of our intention to do this and confirmation of the termination date.
17 | CAREER ADVANCEMENT AND REMUNERATION
17.2 | You are solely responsible for ensuring that the purchase of, and your Enrolment in, any Course is appropriate to your specific needs and objectives.
17.3 | The Learning People will provide you with a refund of the fees you pay to The Learning People to participate in Career Pathways and Learning Programs if you meet the following eligibility criteria and terms and conditions:
17.3.1 | Be at least 18 years of age
17.3.2 | Have the right to work in Australia and New Zealand and not require sponsorship.
17.3.3 | Have completed your studies and passed all relevant examinations within your Pathway. For those Pathways that don’t have exams, all project work must be completed and passed.
17.3.4 | Have fully paid all tuition fees owing.
17.3.6 | Have attended all interviews and, where applicable, assessment centres that have been arranged, within a sixty-kilometre radius of your location or attended all online interviews arranged by mutual agreement.
17.3.7 | Have responded to all communications by our career services team and/or our recruitment partner during the recruitment process within a reasonable timeframe.
17.3.8 | Have received no job offers from an employer in New Zealand or Australia within 6 months of successfully completing your career journey with The Learning People (Guarantee Period).
17.3.9 | The money back guarantee applies to all Career Pathways and Learning Programs that include certifications from the Project Management Institute. It excludes Career Starter Programs and single certification programs.
17.4 | you can only claim on this guarantee once only
17.4.1 | The lack of job offers must not be due to your misconduct or intentional sabotage, deliberate acts or omissions to avoid receiving job offers.
17.4.2 | You must pass all background checks required for any job you apply for. If you don’t pass a background check and miss out on a job offer because of it, the money back job guarantee won't apply, and you will not be refunded the fees you paid to The Learning People.
17.5 | If you wish to claim on this guarantee, you must give The Learning People written notice within 7 days of the end of the Guarantee Period.
17.5.1 | On receiving your valid claim, The Learning People will consider your eligibility for the guarantee.
17.5.2 | If your claim meets all the eligibility criteria and conditions, The Learning People will issue a refund of the fees you paid The Learning People for your course. If you have borrowed money from a third-party finance provider to pay for your course, any interest charged by that provider is not refundable by The Learning People.
17.5.3 | Refunds will be processed within 10 business days of your claim being approved.
17.6 | For the purposes of the money back guarantee in this clause 17, a job is defined as either:
17.6.1 | Nothing in this clause 17 excludes, limits or reduces any rights or remedies that you may have at law, including any applicable consumer legislation.
18 | GENERAL
18.1 | Transfer of rights
Your Study Programme is personal to you and may not be transferred to any other person. We may, at any time on written notice to you, transfer (or deal in any other manner) with our rights under these Terms, including subcontracting or delegating any or all of our obligations to a third party, provided this does not materially reduce the standard of the Services you receive.
18.2 | Variation
We may revise and amend these Terms from time to time. If such circumstances arise, we will notify you in writing of any amendments. Any variation will not affect rights or Services already granted to you under a Study Programme purchased before the amendment. Unless and until we confirm any amendments in writing, no variation of these Terms will be enforceable or effective.
18.3 | Waiver
Any waiver of a right under these Terms will only take effect if it is in writing. No failure or delay by us in exercising any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict our further exercise of that or any other right or remedy.
18.4 | Severability
If any provision of these Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.
18.5 | Third party rights
A person who is not a party to these Terms has no rights to enforce its terms. Nothing in this clause affects any rights that may exist under Australian or New Zealand law to the contrary.
18.6 | Governing law
These Terms, and any dispute or claim arising out of or in connection with them or their formation, shall be governed by the law of the Australian state, territory, or New Zealand jurisdiction where you reside, to the extent required by applicable consumer protection legislation.
18.7 | Jurisdiction
The courts of the relevant Australian state, territory, or New Zealand shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their formation. Nothing in this clause prevents you from exercising any rights you may have under local consumer protection laws.
18.8 | Confidentiality
A party – “receiving party” – shall keep in strict confidence all technical or commercial know how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party – “disclosing party”, its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the terms, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Terms. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 24 shall survive termination of the Terms.
18.9 | Notices
18.9.1 | Any notice or other communication under or in connection with the Terms shall be in writing, sent to us at the address indicated in clause 4.1 or such other address as may be provided, and shall be delivered personally, sent by prepaid first class post or other next working day delivery service, commercial courier or email.
18.9.2 | A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 4.1; if sent by prepaid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, one business day after transmission.
18.9.3 | The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18.10 | Exam vendors
You agree for exam vendors to share exam information with us and that we may offer limited information on our students to companies looking to recruit our graduates.
18.11 | Relevant for students studying CompTIA certifications only
I hereby authorise CompTIA to disclose my name, career ID or certification number, and status as having achieved or not achieved any CompTIA certification, and if I have achieved any CompTIA certification, the related CompTIA certification examinations(s) passed and the date upon which such achievement was made, and any other information verifying my CompTIA certification, to any person or entity that satisfies all of the following requirements:
i) the person or entity makes a written request to CompTIA for my CompTIA certification status and such request includes my name and my career ID or certification number;
ii) or to a third party that paid my examination fee.
19 | ACCEPTANCE AND SIGNATURE
19.1 | We work with a number of recruitment businesses to help our students with employment after or during their course. By signing the acknowledgement below, you agree to us sharing your contact details with them.
19.2 | By signing these Terms, you confirm that you have read through them and you understand and accept the extent of your responsibilities when you enrol on a Study Programme with us.
19.2 | If you have opted to pay your Fees through a Credit Agreement, by signing these Terms you are accepting responsibility for your repayments to your chosen Lending Provider. Your Lending Provider will send you a reminder of your repayment details for your reference and they may call you to confirm that you have commenced your Study Programme.
Schedule One – Definitions
1.1 | The definitions in this clause apply in the Terms and Conditions set out in this document.
“Consumer” means an individual acting outside the course of business.
Contract means the agreement between you and us for the supply of the Service by us to you as set out in the Terms and the Continuous Payment Authority (if applicable).
“Cooling off period” means a period of 5 working days after the date of Registration during which you can cancel the Contract without incurring a legal or financial penalty and receive a full refund of the Course Fees you have paid to us.
“Course” means any course, unit or units of learning you purchase from us.
“Course Fees” means the amount payable by you for the Service.
“Course Materials” means all material provided by us and/or service providers to you following your Enrolment which shall include but is not limited to: online learning material – including log in passwords; and online mentoring and tutoring.
“Course Rules” means and shall include any rules, regulations, standards, policies, codes, charters, and guidelines prescribed and/or endorsed by our service providers.
“Credit Agreement” means a loan contract between you and our Lending Provider under which the Lending Provider gives you a loan in the amount of, and to pay for, the Course Fees.
“Enforce” means the Lending Provider taking legal action to recover money owed by you to the Lending Provider under the Credit Agreement, including resorting to a court of law for an order directing you to pay.
“Enrolment” means your formal enrolment as a participant in a Course.
“Enrolment Date” means the date on which we confirm your Enrolment.
“Interest Free” means that there is no interest cost for credit provided under a Credit Agreement.
“Lending Provider” means any lending institution or organisation that provides loans, that is suggested by the Learning People from time to time.
“Online Learning System” means an internet-based system hosted by Learning People or our service providers for delivery and management of the Course and the system may include, but is not limited to, online learning material, online mentoring and tutoring and online assessments and the Learning People website. https://www.learningpeople.com/au/
“Order” means an offer by you to purchase Services from us in accordance with these Terms.
“Referee” means a person being referred to Learning People by an existing Student.
“Referrer” means an existing Student referring someone to Learning People.
“Service” means the provision of the Course by us and/or our service providers to you.
“Student” means a single user of the Online Learning Systems requiring a unique username and protected by a user defined password.
“Terminate” means, in respect of the subject matter where it is referred to, to terminate a Credit Agreement and demand full payment of all amounts due under it.
“Terms” means the Terms and Conditions set out in this document.
“Learning People” means the Learning People AU PTY Ltd – Company No. 621 319 917, a company incorporated in Australia whose registered address is Level 2, 127 Creek Street, Brisbane, Queensland 4000
1.2 | References to “we”, “us” and “our” are references to the Learning People.
1.3 | A reference to “you”, “your” or “yourself” is reference to a person or firm who purchases a Service from the Learning People.
1.4 | A reference to a clause is to a clause of these Terms.
Schedule Two – Change of Circumstances Policy
Scope: This policy is applicable to all Learning People students who experience substantial disruptions due to unforeseen personal circumstances and seek support to continue their studies.
1 | Definition
Change of Circumstances Form: Additional information or supporting documentation may be required to accurately assess your situation, ensuring a fair and appropriate resolution.
StudentCare Consultant (SCC): Your main point of contact throughout your study programme, starting from your first check-in with StudentCare.
2 | Privacy Statement
Information Sharing: The details provided in your claim will generally be shared only with individuals directly involved in assessing your request.
Data Retention: Information within the change of circumstance request will be retained in accordance with Learning People’s data retention schedule. Anonymised data may be kept for longer to improve processes and training.
Safety Concerns: If your submission indicates potential safety risks to yourself or others within the Learning People community, the information may be shared as necessary to address those concerns.
3 | Eligibility
This policy applies to students whose ability to study has been significantly impacted by unforeseen circumstances beyond their control. Requests must be submitted within the period of your study i.e. within your licence dates which were agreed at the time of enrolment. Requests received after this period will not be considered.
Financial Difficulties: For changes in circumstances due to financial hardship, please contact your finance provider to discuss available options.
Engagement and Communication: We are more inclined to provide additional support to students who have demonstrated high levels of engagement and promptly communicated any challenges as they arose.
4 | Procedure
Management: The Customer Resolution Advisor handles the change of circumstances process on behalf of Learning People.
Proactive Support: We aim to assist students in continuing their studies and achieving their original career goals wherever possible.
Documentation: You may be asked to provide further details or supporting documents to ensure we understand your situation fully and apply a fair and consistent resolution.
5 | Submitting a Request
Initial Notification: Contact your StudentCare Consultant (SCC) as soon as you become aware of a change in your circumstances. They may be able to offer immediate guidance and solutions.
Referral to Customer Resolution Advisor: In sensitive cases, your SCC may refer your case to the Customer Resolution Advisor. You will need to complete a Change of Circumstances Form, which should be returned within 30 days. Without timely submission or communication regarding delays, your request may be considered closed.
Form Completion Assistance: If you need help filling out the form, your SCC is available to support you.
Review Process: Once received, the Customer Resolution Advisor will review the form and where needed will reach out to clarify any points they may be unclear on.
Consideration and Resolution: We strive to support students in overcoming their challenges with sensitivity and understanding and aim to supply an outcome within 30 days of your request being received. However, aggressive or abusive behaviour towards staff will not be tolerated and may affect the consideration of your request.
6 | Key Points to Note
• Requests must be submitted within the enrolment period.
• Incomplete forms will not be processed.
• Section C of the form requires completion by a medical or health professional.
• Requests will be closed if no response is received within 30 days after the form is supplied.
• If paying via an instalment plan, all payments must be up to date.
• For any questions or assistance, contact your SCC. Our team is dedicated to supporting your success and understanding the impact of unforeseen circumstances on your studies.
7 | Compliance
Compliance Monitoring: The Solutions team will ensure all requests are managed in accordance with this policy, maintaining student privacy.
Reporting Non-Compliance: Any non-compliance should be reported to the Head of Student Services. Reports will be investigated, and appropriate actions will be taken.
Data Protection: All personal data will be handled following relevant data protection laws and Learning People’s data protection policies.
By adhering to this policy, Learning People commits to providing fair and reasonable support to students facing significant personal challenges, ensuring they can continue and complete their study programs successfully.