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THE COLLEGE’s POLICIES, TERMS AND CONDITIONS
Please note that all learners enrolling in any of our courses must be aged over 18 years of age at the time of enrolment.
This document outlines your rights and responsibilities with regard to the ability of Australian College of Fitness and Personal Training Pty Ltd to directly debit your nominated bank account or credit card for any instalments or fees due by you under the terms and conditions of this Contract and Service Agreement, the terms of which are stated below. Should you have queries regarding your Contract or Service Agreement, you should in the first instance contact Australian College of Fitness and Personal Training on 1300 511 455. All queries regarding the provision of services by the Facility should be directed to the Facility.
Australian College of Fitness and Personal Training will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the Australian College of Fitness and Personal Training Contract authorised and accepted by you.
CHANGE OF TERMS
In the unlikely event that the initial terms are to change, they can only do so in accordance with our policies which are available on request or via www.acfpt.com.au under the heading Support. You will be given no less than 14 days written notice of the changes.
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. Upon payment of a $200 cancellation fee the Australian College of Fitness and Personal Training Pty Ltd may in its absolute discretion decide to cancel your enrolment and in such release you from your liability to fulfill the payments you have agreed to.
If you dispute any debit payment, you must notify Australian College of Fitness and Personal Training immediately. Australian College of Fitness and Personal Training will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us contact your financial institution who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.
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.
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
Ignoring supervisor direction or instruction
Use of software or websites intended to plagiarise assessments such as an ‘article spinner’
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 will not be tolerated and may lead to cancellation of enrolment with no refund. Learners who are warned about plagiarism and continue to submit work that is not their own will have their enrolment cancelled with no refund offered.
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
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.
By enrolling, the learner accepts the refund policy. A full refund, less a $199 administration fee, will be given to learners who cancel/withdraw their enrolment in writing within fourteen (14) days of enrolment. No refunds will be given after fourteen (14) days of the date of enrolment and the learner is liable to pay the balance of any fees owing. No refunds will be given to any learner who has been provided with a letter of enrolment for employment purposes. The $199 administration fee is unconditional. In circumstances where a learner has entered into a payment plan for the payment of course fees and withdraws from the course after the fourteen (14) day cooling off period they are liable to pay for any outstanding fees owed.
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.
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.
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 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.
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.