Terms and Conditions
Welcome to Simply Learning Online Pty Ltd.
We greatly look forward to working together and assisting you to acquire valuable skills and knowledge that will help you build your own career.
In working together, it is necessary to set out the basic terms and conditions that will govern the relationship we will have with you. The Terms and Conditions that follow will be supplemented by additional terms and conditions that are specific to the particular courses in which you choose to enrol.
Please read these Terms and Conditions carefully and contact us should you have any queries before proceeding.
In these Terms and Conditions:
1.1. ACL means the Australian Consumer Law (Schedule to the Competition and Consumer Act 2010 (Cth)).
1.2. Certificate means a formal document or other notification confirming that the student has successfully completed a Course.
1.3. Course means an educational course that SLO is to provide or make available to students.
1.4. Course Fee means the fee that SLO will charge students for a given course.
1.5. Intellectual property means all intellectual property of any type whatsoever involved in or related to any course content, materials and like resources that SLO delivers to students.
1.6. SLO means Simply Learning Online Pty. Ltd. (ABN 52 642 492 895).
2. Who can enrol with SLO
2.1. Any Australian resident is eligible to apply to enrol as a student in a course or courses offered by SLO.
2.2. International students are eligible to enrol in a course or courses offered by SLO.
2.3. Where a student applying to enrol in a course has not yet reached the age of 18 years, the application for enrolment must be authorised, and all fees payable as part of the application for enrolment and otherwise must be guaranteed, by the student’s parent or guardian.
2.4. SLO may in its absolute discretion grant an application for enrolment by a student who does not meet any of the above requirements.
3. How to enrol with SLO
3.1. Student applying to enrol in a course must submit an online application for a course or courses in the manner prescribed by SLO.
3.2. As part of the application, and unless otherwise agreed (see “Course fees and payment plans” below), students agree to pay all fees (including GST) in full for the course or courses in which they have applied to be enrolled in using the payment method selected on the application form.
3.3. Students are to ensure that all the information provided to SLO as part of their application is true and accurate. This may include personal information that SLO reasonably requires in order to consider the student’s application for enrolment.
3.4. Student applying to enrol in a course agree to notify SLO of any changes to their contact details as submitted in their application as soon as possible.
4. Commencement of enrolment
4.1. A student is enrolled in a course once all of the following having occurred:
4.1.1. SLO has notified the student that the application for enrolment has been accepted;
4.1.2. All course fees have been paid in full, or there is an agreement to a payment plan (see “Course fees and payment plans” below);
4.1.3. SLO has issued to the student a unique username and password to allow access to online course content or has otherwise delivered the course materials to the student by other means.
5. Course materials, assessment and completion
5.1. Course materials are supplied in an online form and, unless otherwise stated in such course materials, are available to be viewed online save that they may not be downloaded without SLO’s express consent in writing.
5.2. SLO reserves the right to change course materials, course content and assessment criteria as may be necessary from time to time.
5.3. The specific requirements and obligations associated with a course and the assessment of a student’s performance in that course will:
5.3.1. depend on the course itself;
5.3.2. be set out in the course materials.
5.4. The matters referred to in paragraph 5.3 above form part of these Terms and Conditions.
5.5. Course materials are provided online through SLO’s website or by such alternative means as SLO may advise. SLO’s learning platforms may be unavailable from time to time because of scheduled maintenance. In the event that such systems become unavailable, SLO will make course materials available by alternative means.
5.6. A student can apply for hardcopy versions of online materials which SLO may provide subject to payment of such fees as SLO may prescribe.
5.7. Students must submit their work for assessment through SLO’s online platforms, unless SLO otherwise advises.
5.8. The approximate duration of courses will be stated in the online application form for each course SLO offers.
5.9. A student may apply to SLO for an extension of up to 12 months in order to complete a course which application SLO may grant or refuse in its absolute discretion.
5.10. A student cannot make an application under clause 5.9 above unless she or he has paid all course fees due and outstanding at the time of the application and has also paid any applicable extension fee that SLO may prescribe.
5.11. Students shall receive a Certificate upon successful completion of a course, which shall be issued electronically unless the student requests a hard copy which shall be issued upon payment of the applicable fee.
5.12. SLO may delay the issuing of a Certificate if a student is in default of these Terms and Conditions, until such time as the student remedies such default.
5.13. A course shall be deemed to have been abandoned if a student has not completed the course or paid the course fee in full by the due date for completion (plus any extension period). In these circumstances, the student will not be able to access course materials.
5.14. Students will not be able to graduate from their course until all course fees have been paid in full.
5.15. The period during which a student can have access to course content will depend upon, and be stipulated in the application to a given course. Students are expected to complete their courses within the period, usually 24 months, during which access to course materials is provided. SLO may prevent access by a student to course materials at the end of this period. Consequently, the student will not be entitled to a refund of course fees, wholly or in part, or any certificate that would otherwise issue upon completion of a course.
5.16. No warranty is given by SLO that:
5.16.1. completion of a course will lead to or result in any satisfactory employment or business outcomes for the student; or
5.16.2. a student will like or be satisfied with the course.
6. Course fees and payment plans
6.1. Students are required to pay the full amount of the fees for a course even if they do not complete the course.
6.2. If a student is under 18 at the time of applying for enrolment, the parent or guardian of that student is responsible and liable for the payment of all course fees.
6.3. The approximate duration of the course will be stated in the online application form for that course.
6.4. Students must ensure at all times that they are financially capable of paying all course fees when due.
6.5. SLO may offer a payment plan to a student in order to assist that student to pay course fees which:
6.5.1. S:P shall be entitled to assign, novate or transfer, in respect of its rights and obligations, to a third party without the consent of the student.
6.5.2. the Student will not be entitled to assign, novate or transfer in respect of her or his rights and obligations without SLO’s written consent.
6.6. Students may consider, as an alternative to a payment plan under clause 6.5, obtaining finance to assist them to pay fees associated with their courses. Third-party finance providers may be able to provide finance to a student on terms and conditions that are to be determined as and between that student and the finance provider. Any finance provided is to pay for course fees is strictly a matter between the student and finance provider in respect of which:
6.6.1. SLO is not a party to such financing arrangements (and SLO shall not collect or retain information about such terms and conditions between the student and finance provider);
6.6.2. nothing shall operate to compromise or qualify the obligation of a student to pay course fees strictly in accordance with these Terms and Conditions;
6.6.3. SLO makes no representations, promises or warranties as to the ability of the student to service such financing arrangements or the suitability such finance arrangements;
6.6.4. the student waives and releases SLO from any claims, suits, actions or other liabilities arising out of such finance arrangements and further indemnifies SLO against any loss, damage, costs or expense that SLO may suffer or incur as a result of the student entering into an arrangement under this clause 6.6.
6.7. Students shall not be entitled to any refund or repayment of course fees (or any other amount paid to SLO) except in accordance with these Terms and Conditions or otherwise in SLO’s absolute discretion.
7. Student conduct and behaviour
7.1. SLO publish its Code of Conduct and other policies concerning student conduct and behaviour on its digital platforms. Students are to familiarise themselves with all such codes and policies and comply with them at all times.
7.2. In all respects, students, in their interactions with other students, staff and personnel of SLO, must at all times:
7.2.1. behave in a courteous, respectful and civil manner;
7.2.2. not engage in any conduct that is abusive, discriminatory or threatening, or which amounts to vilification, harassment or stalking;
7.2.3. not say or publish any comment or material, whether online or otherwise, that is defamatory of SLO, its students, staff and/or personnel;
7.2.4. not say or publish any comment or material, whether online or otherwise, that is disparaging of SLO, its students, staff and/or personnel without reasonable cause or justification.
7.3. Students must submit their own work written in their own words. If SLO reasonably believes that any work that a student has submitted has been plagiarised or not undertaken solely by that student, SLO may:
7.3.1. require the student to re-submit the work in question;
7.3.2. refuse to issue or rescind any Certificate; or
7.3.3. if the plagiarism is serious or repeated, cancel the student’s enrolment.
8. Intellectual property
8.1. All content that SLO makes available to students and/or publishes on its digital platforms, including copyright and all other intellectual property rights in that content, remain the property of SLO. Students must not copy or reproduce any of that content without SLO’s prior written consent.
8.2. Students must at all times:
8.2.1. keep all intellectual property made available to it private and confidential; and
8.2.2. use the intellectual property solely for the purpose of completing a course;
8.2.3. avoid any conduct that amounts to an assertion of any ownership or other interest in any of SLO’s intellectual property;
8.2.4. do nothing that leads to the sharing of the intellectual property so as to make it accessible by any third party;
8.2.5. do nothing that may damage, jeopardise or otherwise compromise SLO’s ownership of, or rights in, the intellectual property.
8.3. Any failure by a student to comply with the obligations under this clause 8 shall entitle SLO to cancel the student’s enrolment with immediate effect.
9. Cooling off period
9.1. Notwithstanding any other clause in these Terms and Conditions, students on a payment plan have a 3-day cooling off period, meaning they have 3 days from the time of enrolment to assess if the course is suitable for them. If a student wishes to exercise a right to cancel the enrolment within this 3-day period, the student must notify SLO by email only to withdraw without incurring any penalty or cost. After the 3-day cooling off period has lapsed the student is liable to pay the full cost of the course.
9.2. Students who have made an upfront payment via credit card or direct bank transfer also have a 3-day cooling off period meaning they have 3 days from the time of enrolment to assess if the course is suitable for them. If a student wishes to exercise a right to cancel the enrolment within this 3-day period, the student must notify SLO by email only to withdraw and receive a full refund.
9.3. A student will forgo the 3-day cooling off period if more than 50% of a single course has been viewed.
9.4. A student must send back the kit in an unused and unopened condition. If the student is unable to do this, she or he should call SLO for assistance. If a student is not meeting payment obligations, SLO reserves the right to cancel the student’s course access until the payment plan account is up to date.
10. Refund and cancellation policy
10.1. Without limiting clause 9 above, if a student is experiencing hardship that prevents her or him from completing a course, SLO may, subject to the student substantiating the hardship faced, grant a:
10.1.1. total refund of the course fee if the course has not commenced and the student has not received access to course materials; or
10.1.2. partial refund of up to 50% of the course fee if the student seeks to cancel the enrolment within seven days of the course commencing, or the student has otherwise received access to course materials in circumstances where the course has not commenced.
10.2. A student who wishes to obtain a refund must apply to SLO in writing at the earliest possible opportunity.
10.3. A student who cancels her or his enrolment agrees to indemnify SLO against all loss, damage, costs and/or expenses of any kind suffered or that may be suffered as a result, directly or indirectly, of the cancellation of the enrolment.
11. Transfer policy
11.1. Within 14 days of being enrolled in a course, a student may apply to transfer into another course offered by SLO.
11.2. If SLO receives an application under clause 11.1 above, it may grant or refuse the application in its absolute discretion.
11.3. If SLO grants an application under clause 11.1 above, the student will be liable to pay:
11.3.1. the difference between the course fee for the cancelled course and the course fee for the preferred course, if any; and
11.3.2. a reasonable administration fee to process the transfer.
11.4. If the course fee for the preferred course is lower than the fee for the cancelled course, the student will receive a refund equal to the difference between the respective course costs less the administration fee referred to in clause 11.3.2 above.
12.1. If at any time the student is in breach of these Terms and Conditions, SLO may issue a notice to the student setting out particulars of the default and requiring the student to remedy such default within seven (7) days of the date of the notice.
12.2. SLO may charge interest on any overdue amounts payable by the student at a rate that is 2% above the rate prescribed in section 2 of the Penalty Interest Rates Act 1983 (Vic).
12.3. A student must immediately notify SLO of any inability she or he faces in meeting her or his obligations under these Terms and Conditions (as supplemented by any additional terms and conditions specific to the particular course in which the student is enrolled), including any inability of the student to pay course fees or any other amounts when due. Notwithstanding clause 12.1 above, SLO may without otherwise affecting its rights under these Terms and Conditions, cancel the student’s enrolment in whole or in part in response to such a notice.
12.4. If a student fails to comply with a notice issued in accordance with clause 12.1, SLO may at its election by further notice to the student:
12.4.1. suspend the delivery of any courses to the student until such time as the student remedies all applicable breaches which are the subject of the further notice; and/or
12.4.2. cancel any course which remains unfulfilled, or the student’s enrolment.
12.5. Notwithstanding clauses 12.1, SLO may by notice in writing to the student with immediate effect suspend or cancel an enrolment or any part of any enrolment, if SLO determines that:
12.5.1. the student has provided any false or misleading information to SLO as part of her or his enrolment;
12.5.2. the student is not at least 18 years old or an Australian Resident;
12.5.3. the student breaches any provision in clause 7 above.
12.6. A student who has engaged in any conduct falling within clauses 12.5.1 – 12.5.3 above, shall indemnify SLO against any loss, damage, costs and/or expenses of any kind suffered or incurred by SLO (including legal costs on an indemnity basis) as a result, directly or indirectly, of such conduct.
13. Feedback and complaints
13.1. Students are encouraged to provide comments and feedback on the courses that SLO delivers and their learning experience. Subject to any objection that students may register with SLO, comments and feedback will be used for general marketing purposes.
13.2. Students can lodge a complaint concerning their course in writing and submitted to email@example.com.
13.3. SLO will deal with complaints in a timely manner noting that complaints take many different forms and the steps involved in any given matter may entail longer timeframes. In any event, SLO will try to respond to and, if possible, resolve complaints with 21 business days of receiving them in writing.
14.1. If any provision of these Terms and Conditions is illegal or unenforceable, such provision may be severed without effect on all remaining provisions.
14.2. The student agrees that these Terms and Conditions apply to and form the terms on which SLO will supply courses.
14.3. SLO may revise or update these Terms and Conditions by publishing revised or updated Conditions on its digital platforms which revised or updated Conditions shall, the law permitting, be binding on the student from the time of publication. Students should visit SLO’s website regularly to acquaint themselves with the most recent version of these Terms and Conditions.
14.4. These Terms and Conditions apply to the exclusion of and supersede all other representations, discussions, negotiations, warranties proposals or agreements concerning the supply of courses.
14.5. Without limiting clause 6.5 above, SLO may licence, assign or sub-contract all or any part of its rights and obligations under these Terms and Conditions without a student’s consent. Students are not entitled to assign any of their rights or obligations under these Terms and Conditions without SLO’s consent in writing.
14.6. For the purpose of these Terms and Conditions, time is of the essence.
14.7. The Conditions and any Contract shall be construed and applied in accordance with the laws of Victoria, Australia and are subject to the exclusive jurisdiction of the courts of Victoria, Australia.
14.8. A student is not entitled to set-off against, or deduct from, course fees, any sums owed or claimed to be owed to the student by SLO nor to withhold payment of any invoice because part of that invoice is in dispute.
14.9. Neither party will 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.
14.10. SLO will be under no liability whatsoever to a student for any indirect and/or consequential loss and/or expense suffered by a student arising out of a breach by SLO of these Terms and Conditions, subject to any requirements of the Australian Consumer Law.
15. Student’s warranties
15.1. To proceed with these Terms and Conditions, the student acknowledges, agrees and warrants that she or he:
15.1.1. has read and understood these Terms and Conditions, SLO’s online policies regarding student conduct and behaviour, and all other documents provided online as part of the student’s application for enrolment;
15.1.2. is over the age of 18 and is an Australian resident (and will submit evidence to substantiate this if requested to do so);
15.1.3. understands that by agreeing to these Terms and Conditions and submitting an application for enrolment, is willing to enter into a binding agreement with SLO;
15.1.4. has access to an effective and safe IT system, including a virus-free computer or laptop, and a reliable internet connection;
15.1.5. does not have any medical, physical or behavioural conditions that would prevent her or him from completing the course or abiding with these Terms and Conditions that it has not disclosed to SLO;
15.1.6. has disclosed all other material information in the course of applying for enrolment.