ACFPT ACFPT Australian College of Fitness and Personal Training- WhiteAC

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THE COLLEGE’s POLICIES, TERMS AND CONDITIONS

INTRODUCTION

Please note that all students enrolling in any of our courses must be aged over 18 years of age at the time of enrolment.

By applying to enrol or study with Australian College of Fitness and Personal Training you accept its policies, terms and conditions.

DEFERRING OR STOPPING A PAYMENT

Should you wish to defer a payment to another date you must contact Australian College of Fitness and Personal Training before the date of that payment to request the deferment. Deferments are entirely at the discretion of Australian College of Fitness and Personal Training and will depend on the length of deferment, the current state of your account and your history. You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your account will become overdue. Upon deferring or stopping a payment the Australian College of Fitness and Personal Training’s obligation to provide you with any service is also deferred or stopped and will not resume until you recommence payment.

ALTERING THE SCHEDULE OF PAYMENTS

Should you wish to alter the Payment Frequency or Day to Debit contact Australian College of Fitness and Personal Training and at our discretion in most instances we will be able to make the changes you require. There may be a fee charged for this service (details of any fees payable can be obtained by contacting Australian College of Fitness and Personal Training on 1300 511 455). Any changes made will not affect the total amount you would otherwise have paid over the minimum term of your Contract.

CANCELLING THE PAYMENTS

You can cancel this automatic payment authority (alternatively, Direct Debit Request Authority) by requesting this of Australian College of Fitness and Personal Training or your bank. Cancellation of the authority to debit your account will not terminate this contract or remove your liability to make the payments you have agreed to.

DISPUTES

Disputes of any kind must follow the complaints procedure. Where the complaints procedure has not been followed no disputes shall be accepted.

As a condition of enrolment, the applicant agrees that they shall not under any circumstance cause their bank or financial institution to create a payment dispute or chargeback for any amount whatsoever paid to the College. Where an enrolled student causes their bank or financial institution to create a payment dispute or chargeback a dispute fee of $250 shall be immediately applied to the student. Where multiple payment disputes or chargebacks are lodged a fee of $250 for the first instance and $100 for each additional instance shall be applied.

To prevent fraudulent chargeback claims the student or card owner alleging fraud shall provide to the college a police report alleging fraud along with any supporting evidence. The student or card owner shall notify the College of the outcome of that police investigation. Where a police report has not been provided no dispute shall be accepted.

Where a bank or financial institution creates a dispute or chargeback in breach of these terms and conditions and causes loss to the College, that bank or financial institution agrees to indemnify the College for any loss incurred.

DISHONOURED PAYMENTS

It is your responsibility to ensure that clear funds are available in your nominated account to meet the direct debit payment on the due date. Should any payments be dishonoured, Australian College of Fitness and Personal Training will immediately suspend your enrolment until payment has been made. If you are unable to make a payment, please contact administration to make alternative arrangements.

Should Australian College of Fitness and Personal Training Pty Ltd be unable to obtain payment of overdue money after making every reasonable attempt, then the debt may be referred to a credit reporting/debt collection agency.

YOUR OTHER RESPONSIBILITIES

In addition to those already mentioned, you are responsible for ensuring your nominated account is able to accept direct debits. If it is not, it is your responsibility to provide Australian College of Fitness and Personal Training with a new account number.

VISA AND CHANGE OF VISA

If a student is eligible to study in Australia at the time of enrolment the student is responsible for ensuring they hold appropriate study rights for the duration of the course. Should a student’s VISA status change at any point the student must inform the College of that change within 7 days. Students acknowledge that should a students study rights in Australia change that they may have their enrolment cancelled with no refund.

PRIVACY

A customer’s “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Australian College of Fitness and Personal Training to provide you with the services contemplated by this agreement and any directly related products/services from time to time. Australian College of Fitness and Personal Training’s Privacy Statement is to be found on its website at www.acfpt.com.au

CANCELLATION OF ENROLMENT

Australian College of Fitness and Personal Training Pty Ltd reserves the right in its absolute discretion to cancel the enrolment of any learner who falls more than two (2) instalments behind in any payment or instalment plan or otherwise breaches its terms and conditions.

Should a learner be suspended for any reason, that learner shall not be entitled to a refund of any sort at any time pending the outcome of the reason for that suspension. Should a suspension result in the learner’s enrolment being cancelled, that learner shall not be entitled to any refund.

GROUNDS FOR CANCELLATION OF ENROLMENT INCLUDE

  • Violation of any of the College’s policies or procedures

  • Inappropriate or disrespectful communication with members of staff or learners

  • Misuse of property associated with or belonging to the College

  • Unauthorised use of company property or information

  • Engaging in disruptive, threatening or bullying behaviours

  • Time wasting

  • Use of software or websites intended to plagiarise assessments such as an ‘article spinner’ or AI tools such as ChatGPT.

  • Ignoring supervisor direction or instruction

  • Plagiarism.

  • Notice of cancellation of enrolment with the Australian College of Fitness and Personal Training will be made in writing to a learner. A learner who has their enrolment cancelled will not be eligible for any refund of any sort and will no longer be eligible for training with the Australian College of Fitness and Personal Training. The Australian College of Fitness and Personal Training Pty Ltd has no obligation whatsoever to any learner who has their enrolment cancelled. Cancellation of the learner’s enrolment will not terminate this contract or remove your liability to make the payments they have agreed to.

PLAGIARISM

Plagiarism will not be tolerated and may lead to the cancellation of enrolment with no refund, including instances where students who are warned about plagiarism continue to submit work that is not their own.
By enroling with the college, students acknowledge that:

  • All assessments submitted will be their own personal work, and that they will not copy the work of another student, or solicite someone else to complete the assessments or falsify evidence in order to support the assessment/evidence submission,
  • Any extracts in written assessments will be correctly referenced to acknowledge the source of the information gathered and used (i.e., author, title of text or article, source, publisher, and/or website/webpage and date the information was retrieved),
  • Civil penalties may apply where students use the intellectual property of the college for purposes other than the completion of their own enrolled studies, and
  • Action taken in relation to copying, cheating, or dishonest conduct in relation to the above will be applied to any learner found submitting work that is not their own. These actions may include:
    • Resubmission of alternative assessments, suspension from the program and/or course/unit, and/or cancellation of admission/termination of enrolment, or cancellation of enrolment, and
    • Charges for resubmission of assessments may be applied.

RE-SUBMISSION OF PLAGIARISED WORK

Learners accept there will be a $50 re-submission fee per assessment that has been returned by a trainer to a learner because of plagiarism or marked as not yet competent because of plagiarised work. Learners accept that no assessments will be marked until the $50 fee is paid.

CODE OF CONDUCT

Learners must:

  • Be respectful in communication and actions towards our fellow learners, our trainers and all members of staff;

  • Act ethically, truthfully and honestly at all times;

  • Not behave in such a way that might damage the good name and image of the College;

  • Demonstrate respect for the laws and socially accepted norms of Australia.

REFUND POLICY

Upfront Fee Paying Learners

  • Where the learner has paid for their course in full at the time of enrolment and chooses to withdraw from the course within 14 days (cooling off period) of the date of enrolment a full refund is available.
  • Where the learner has paid for their course in full at the time of enrolment and chooses to withdraw from the course 14 days or more (outside the cooling off period) from the date of enrolment no refund is available.
  • Where the learner’s enrolment is not approved by the College, for example, where the learner holds a visa that does not allow study in Australia or the time remaining on the learner’s visa is not adequate to complete the training a full refund is available.
  • Refunds do not apply to fees associated with course extensions.

Payment plans

  • Where a learner is on a payment plan and chooses to withdraw from the course within 14 days (cooling off period) of enrolment a refund is available.
  • Where a learner is on a payment plan and chooses to withdraw from the course 14 days or more (outside the cooling off period) from the date of enrolment a $200 administration fee is payable. Remaining direct debits will be cancelled once the administration fee is paid.

EARLY COMPLETION

Should you complete your course before payment of the total course fees are made you must pay the full amount owing to Australian College of Fitness and Personal Training Pty Ltd before receiving your qualification or statement of attainment.

CHANGE OF COURSE

by ACFPT, Learner wishing to change their course within the 14-day cooling off period can do so without incurring the change of course fee.

  • A fee of $149 is payable by students wishing to change their chosen course after the 14-day cooling off period including access to training materials, trainers and assessors. Further charges may apply if changing to a higher qualification. An emailed receipt will be provided upon successful payment.
  • If a learner wishes to change their course again an additional $299 fee will be incurred. Payment can be made over the phone, please call 1300 511 455.
  • Learners may only apply for two change of course throughout the duration of their course.
  • Please note: Further charges may apply if changing to a higher qualification.

COURSE EXTENSION

Extensions will be granted by the Australian College of Fitness and Personal Training at its absolute discretion. If an extension is granted an extension fee of $299 must be paid by the learner.

FAIR GO

You must make a reasonable effort to complete the course in your own time. You acknowledge that the Australian College of Fitness and Personal Training is an online educator. All learning materials are provided for you to study and complete in your own time. Whilst we provide assistance for your study you understand that our trainers are only able to provide occasional support. An example of occasional support might be an email or telephone query to your trainer to clarify a question before attempting an answer. Trainers are unable to provide you with answers or complete the work for you.

FORCE MAJEURE

Force Majeure Event means any of the following causes or contributing factors provided that they are outside the reasonable control of the affected party:

(a)   Act of God, earthquake, cyclone, typhoon, tornado, hurricane, fire, explosion, flood, landslide, lightning, storm or other adverse weather conditions, tempest, drought ,fire or meteor, emergency (declared or not) ,and other heavy and inclement weather or other event that adversely affects such things as (but is not limited to) the internet and world wide web ,electronic and other forms of communications, computer hosting, computer functions, electricity and other essential services, manufacturing processes, treatment processes, transportation, supply chain processes, delivery, installation, construction, erection, commissioning, repairs, servicing and decommissioning and all other types of business interruptions;

(b)   War (declared or undeclared), invasion, act of a foreign enemy, hostilities between nations, civil insurrection or militarily usurped power;

(c)    Act of public enemy, sabotage, malicious damage, terrorism or civil unrest;

(d)   Confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government or government authority;

(e)   Industrial action of any kind not specific to the affected party; 

(f)    A breakdown or failure of equipment;

(g)  Contamination of any kind,

(h)  Health related events (including declared health emergencies, local and large scale outbreaks of contagions, infections, diseases, illnesses, epidemics and/or pandemics ( whether natural , artificial, physical , mental or a combination of things),  and  

(i)   An act or omission of a third party that could not have been reasonably prevented or avoided by the affected party.

  Notice and Suspension of Obligations

If a party to this agreement is affected, or likely to be affected (the affected party), by a Force Majeure Event:

  • that party must immediately give the other prompt notice of that fact including:
    • full particulars of the Force Majeure Event;
    • an estimate of its likely duration;
    • the obligations affected by it and the extent of its effect on those obligations; and
    • the steps taken to rectify it; and
  • the obligations under this agreement of the party giving the notice are suspended to the extent to which they are affected by the relevant Force Majeure Event as long as the Force Majeure Event continues.

Effort to Overcome

An affected party claiming a Force Majeure Event must use its best endeavours to remove, overcome or minimise the effects of that Force Majeure Event as quickly as possible. This does not require a party to settle any industrial dispute in any way that it considers inappropriate.

Alternative Supply

During any period in which an affected party to this agreement is not performing obligations because of a claimed Force Majeure Event, the other party may (but need not) make alternative arrangements for the performance, whether by another person or otherwise, of any obligation which the party claiming the Force Majeure Event is not performing without incurring any Liability to that party.

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