Realistic RPL Terms & Conditions
By remaining on the realisticrpl.com Website or engaging with Realistic RPL by phone, you accept the Terms. You may also accept the Terms by contacting Realistic RPL directly or indirectly via this Website or phone, having visited this Website.
1.1. ‘Application’ means an application made by you to Realistic RPL during provision of the Services, and includes the documentation and information provided by you.
1.2. ‘Assessment’ means the process of confirming an individual’s competence against an AQF qualification’s unit of competency.
1.3. ‘Participant’ means a person who may engage the Services offered by Realistic RPL.
1.4. ‘Customer’ means a person considering enrolment in a qualification with the Partner.
1.5. ‘Partner’ means an organisation that is an RTO, who undertakes the RPL process in cooperation with Realistic RPL, and provides assessment, training and issues qualifications to Participants it deems eligible.
1.6. ‘Personal Information’ is any information capable of identifying an individual.
1.7. ‘Qualification’ means a nationally recognised certification, provided by a Partner RTO.
1.8. ‘Recognition of Prior Learning’ (RPL) means an assessment process to determine an individual’s competence against a set criteria, known as a Unit of Competency, and may include Gap training in some cases.
1.9. ‘RTO’ means a Registered Training Organisation.
1.10. ‘Services Fee’ means the fee payable by you to Realistic RPL for the provision of the Services.
1.11. ‘Services’ means any work carried out by Realistic RPL to help identify and evaluate information and materials reasonably necessary to undergo a Eligibility Check and facilitate a course enrolment and/or related activities.
1.12. ‘Eligibility Check’ means the process undertaken to determine a potential Customer’s readiness to enrol in a course of RPL with a Partner.
1.13. ‘Realistic RPL’ means Realistic RPL Pty Ltd ACN 632 250 401, ABN 78 632 250 401. Realistic RPL, whilst not an RTO, is an authorised representative of the Partner, and does not perform competency assessment, deliver training, or issue AQF certifications.
1.14. ‘Terms’ means these terms and conditions.
1.15. ‘Website’ means the website https://www.realisticrpl.com and any other website owned or operated by Realistic RPL or the Partner.
1.16. ‘You’ and ‘your’ refers to an individual, company or organisation that has visited, read or is using the Website and/or our associated products or services.
2) About the Website
2.1. This website is operated by Realistic RPL. Access to and use of the website, or any of its associated products or Services, is provided by Realistic RPL. You agree to inform Realistic RPL immediately if there is any term or condition you do not understand or accept.
2.2. By accessing the Website or engaging in a Realistic RPL Eligibility Check, you agree that you have read, understood and agreed to these Terms. If you disagree with the Terms, you must stop using the Website.
2.3. Realistic RPL reserves the right to revise and vary any of the Terms by updating this page at any time at its sole discretion. Any such changes will take immediate effect from the date of publication. Before continuing, we advise you store a copy of the Terms for your personal records.
3) Service Use Registration
3.1. In order to access the Services, you must either enquire online or contact us by phone.
3.2. You authorise Realistic RPL and the Partner to use your submitted information to contact you in relation to the Services.
3.3. As part of the provision of Services, you will be required to provide personal information about yourself (such as identification or contact details), such as:
(a) an email address;
(b) your full name;
(c) a mailing address; and
(d) a telephone number.
3.4. You certify any information you give to Realistic RPL in relation to Services is accurate, correct and up to date.
3.5. You may not use or the Services or the Terms if:
(a) you are under the age of 18; or
(b) you are barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4) Participant Obligations
4.1. As a Participant, you agree that:
(a) you will only use the Services for purposes permitted by:
(i) the Terms; and
(ii) any applicable laws, regulations or generally accepted practices or guidelines in Australia and any country you may be located in; and
(b) you are solely responsible for protecting your password and/or email address confidentiality. Use of your password by any other person may result in immediate cancellation of the Services; and
(c) use of your registration information by any other party is prohibited. You agree to notify Realistic RPL of any known breach of security or unauthorised use of your password or email address without delay; and
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Realistic RPL providing the Services; and
(e) you will not use the Website or Services in connection with any commercial endeavours unless specifically authorised by Realistic RPL management; and
(f) you will not use the Website or Services for any unauthorised and/or illegal use, including collecting email addresses of Participants by electronic or other means for the purpose of unauthorised linking to or framing of the Website or sending unsolicited email; and
(g) you agree that affiliate links, commercial advertisements, and other forms of solicitation may result in termination of the Services and may be removed from the Website. Appropriate legal action will be taken by Realistic RPL unauthorised or illegal use of the Website; and
(h) you agree that Realistic RPL or its Partners may refuse an enrolment application for any reason; and
(i) you agree and acknowledge any automated use of the Services or Website is prohibited.
5.1. Upon you instructing Realistic RPL to proceed with the provision of Services, the Services Fee is payable in full to Realistic RPL.
5.2. In its absolute discretion, Realistic RPL may accept payment of a deposit to commence the Services.
5.3. Any commitments you make regarding a Services Fee must be honoured prior to your enrolment being accepted or your qualification being issued by the Partner.
5.5. Where the option is given to you, you may make payment for the Services by way of:
(a) Electronic funds transfer (EFT) into our nominated bank account
(b) Credit Card Payment
(c) Direct Debit or Credit Card Payment through a payment collection service provider of our choosing
(d) A Credit Provider you authorise to pay us directly
5.4. In using the Services, the Website, or when making any payment in relation to your use of the Services, you accept that payment collection service providers have their own terms and conditions applied to their services.
5.5. You agree and acknowledge that where a request for the payment of the Services Fee is denied or returned by your financial institution, for any reason, then you solely are liable for any costs, including banking fees and charges, associated with that payment or failure to process that payment.
5.6. Any financial obligations or determinations regarding or arising from such enrolments, other than fees for license cards, additional photocopying, replacement statements of attainment or certificates/diplomas, are due and payable directly to, and at the sole discretion of, the 3rd party, and not to the Partner.
6) Refund Policy
6.1. Realistic RPL offers a fair and equitable refund policy that complies with all legislative requirements.
6.2. Where a Services Fee is paid by you to Realistic RPL, the payment will only be refunded if:
(a) RTO cancels or discontinues your course; or
(b) your initial contact with Realistic RPL was unsolicited and you contact Realistic RPL in writing within 14 days from course commencement, provided you have not yet been assessed by a trainer, and may be subject to a cancellation fee of $365, to cover trainer and/or administrative costs; or
(c) Realistic RPL Management grants an exemption or concession or approves deferment of fee payment(s) in individual cases where special illness and/or hardship can be demonstrated.
6.3. Available funds will be maintained to ensure a full refund of fees where applicable.
6.4. Where reasonably possible, all refunds will be made within 14 calendar days of the date that Realistic RPL receives a written refund request from you.
7.1. If you default on any agreed payment or payment plan:
(a) your enrolment may be suspended or may be cancelled; and/or
(b) your outstanding account may become immediately due and payable; and/or
(c) the outstanding debt may be forwarded to a debt collection agency; and/or
(d) you may also be required to pay additional fees associated with the debt collection process; and/or
(e) RTO may withhold any certificate and/or statement of attainment if you are in arrears on an agreed scheduled payment plan.
8) Intellectual Property and Copyright
8.1. The Services, Website, and any related products of Realistic RPL or the Partner are subject to copyright. The Website content is copyright protected through international treaties and by Australian laws. Unless stated otherwise, all rights (including copyright) in the Services and the Website compilation (including but not limited to scripts, code, design elements, graphics, logos, text, button icons, audio clips, video images and interactive features) are owned, controlled and reserved for these purposes by Realistic RPL.
8.2. You are authorised to:
(a) use the Website according to the Terms;
(b) store and copy the Website and the material therein in your device’s cache memory; and
(c) print Website pages for your own non-commercial, personal use.
8.3. Realistic RPL only grants you rights in relation to the Services or the Website specified in clause 8.2 above. Realistic RPL expressly reserves all other rights.
8.4. Realistic RPL retains all rights, interest in and title to the Website and all related Services. Nothing you do in relation to or on the Website will transfer any:
(a) trade mark, business name, domain name, industrial design, copyright, registered design trading name, or patent, or
(b) a right to exploit or use a domain name, trading name, business name, industrial design or trade mark, or
(c) a system, process or thing, that is the subject of a registered design, copyright or patent (or modification or adaptation of such a process, thing or system), to you.
8.5. Without the prior written permission of Realistic RPL and the permission of any other relevant rights owners, unless otherwise provided by these Terms, you may not: transmit, post, broadcast, republish, distribute, up-load to a third party, adapt or change in any way, show or play in public the Services or third party Services for any purpose. This prohibition excludes Website materials which are in the public domain or freely available for re-use.
9) Personal Information Collection
9.1. Personal information about Website visitors is only collected when voluntarily and knowingly submitted. E.g. to answer or forward any enquiries or requests, or to provide you with further services, we may need to collect such information. Our policies are intended to protect your personal information by being handling it according to applicable Australian privacy laws.
9.2. We endeavour to ensure the privacy, integrity and security of personal information submitted to our Website, and we update and review our security measures with respect to evolving technologies. In reality, no Internet data transmission can be guaranteed as totally secure.
9.3. We will strive to take all reasonable steps to protect personal information transmitted to or from us and our online Services and products. Once we receive your transmission, we will also direct our best efforts to ensure it is secure on our systems.
9.4. Part of engaging with us involves our collecting your personal information to help you take full advantage of our Services. To do this it may be necessary for you to provide additional information to us.
9.5. Submitting your information is optional, and may include submitting your address, telephone numbers, name, email address to receive promotional material, updates and other information.
9.6. To assist with problem diagnosis or support issues with our Services, your IP address is gathered by our web servers.
10.2. We do not make any representations about third party web sites that may be linked to the website.
10.5. We may provide links to Websites outside of our Websites, as well as to third party sites. Because these sites are outside our control, we cannot and do not accept responsibility for the conduct of, or information derived from, these companies. We recommend you consider the terms and conditions of using any other website and its privacy statement before disclosing your personal information on any other website.
11) General Disclaimer
11.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Realistic RPL will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.3. Use of the Website and the Services is at your own risk. To the extent permitted by law, everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Realistic RPL make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Realistic RPL) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Realistic RPL; and
(d) the Services or operation in respect to links which are provided for your convenience.
12) Limitation of Liability
12.1. To the extent permitted by law, Realistic RPL’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
12.2. You expressly understand and agree that Realistic RPL, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13) Termination of Contract
13.1. The Terms will continue to apply until terminated by either you or by Realistic RPL as set out below.
13.2. If you want to terminate the Terms, you may do so by:
(a) providing Realistic RPL with 10 days’ notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Realistic RPL has made this option available to you.
Your notice should be sent, in writing, to Realistic RPL at [email protected] or PO Box 1266 North Lakes QLD 4509, AUSTRALIA.
13.3. Realistic RPL may at any time, terminate the Terms with you if:
(a) if you have breached any provision of the Terms or intend to breach any provision;
(b) if Realistic RPL is required to do so by law;
(c) on thirty (30) days’ notice to you.
13.4. Subject to local applicable laws, Realistic RPL reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Realistic RPL’s name or reputation or violates the rights of those of another party.
14.1. To the extent permitted by law, you agree to indemnify Realistic RPL, its Partners, affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your breach of these Terms;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms; and/or
(d) for refusing an enrolment for any reason.
15) Dispute Resolution
If you become aware of any ongoing concerns or problems with our web site or Services please contact us at [email protected] or PO Box 1266 North Lakes QLD 4509, AUSTRALIA, and we will take your concerns or problems seriously and work promptly to try and address your concerns.
16) Venue and Jurisdiction
The Services offered by Realistic RPL is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland (QLD), Australia.
17) Governing Law
The Terms are governed by the laws of Queensland (QLD), Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland (QLD), Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18) Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
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