Terms of Use

Effective Date: 11 December 2024

These Terms of Use (the “Agreement”) govern your access to and use of the website [skillsrpl.com.au] (the “Website”) and the services provided by SKILLS RPL, including all the content, features, and functionalities offered through the Website (referred to as “Services”). By accessing or using the Website and/or Services, you (the “User,” “You,” or “Your”) agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must immediately cease all use of the Website and Services.

This Agreement constitutes a legally binding agreement between you and SKILLS RPL, and governs your access to and use of the Website, Services, and any content or data provided in connection with your use of the Services.

1. Definitions

• “SKILLS RPL”: Refers to the company providing Recognition of Prior Learning (RPL) services through the Website, including advisory services and RPL application processing.
• “Website”: The website operated by SKILLS RPL at [skillsrpl.com.au] and any associated sites, content, or services provided through this domain.
• “Services”: The services offered by SKILLS RPL through the Website, which include but are not limited to providing assistance with Recognition of Prior Learning (RPL) applications, guidance on obtaining qualifications through RTO partners, document submissions, and other educational consultancy services.
• “User”: Any individual or entity who accesses or uses the Website and Services.
• “Content”: Any text, images, videos, audio, code, software, and other materials provided on the Website.
• “Partner RTO”: Refers to the registered training organizations with whom SKILLS RPL partners to provide RPL assessments and qualifications.

2. Acceptance of Terms

By accessing or using the Website or Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as any additional guidelines, policies, or terms that may be presented to you in connection with specific services or functionalities. You further acknowledge that SKILLS RPL reserves the right to amend, modify, or revise these Terms from time to time, and such changes will be effective immediately upon posting on the Website. You agree to review these Terms regularly and your continued use of the Website or Services after any such changes will constitute your acceptance of those changes.

3. Eligibility and Account Registration

• Eligibility: To use certain features of the Website or access the Services, you must be at least 18 years old or the legal age of majority in your jurisdiction. By using the Website, you confirm that you meet these eligibility requirements.
• Account Registration: To access specific features of the Services, such as RPL application processing, you may need to create an account on the Website. You agree to provide accurate, complete, and current information when registering an account. You are solely responsible for the confidentiality of your account credentials (such as username and password), and for all activities that occur under your account.
• Account Security: You agree to promptly notify SKILLS RPL if you suspect any unauthorized access to your account or any other security breach related to your use of the Website. You also agree to take reasonable steps to protect your account information and prevent unauthorized access to your account.

4. Use of the Website and Services

You agree to use the Website and Services solely for lawful purposes and in accordance with these Terms. You agree not to:

• Impersonate any person or entity or falsely represent your affiliation with any individual or entity, including SKILLS RPL or our RTO partners.
• Engage in any activity that could harm, disrupt, or interfere with the Website or the functionality of the Services, including the distribution of viruses, malware, or other harmful code.
• Violate any applicable laws or regulations, including but not limited to those related to intellectual property, data protection, privacy, and consumer protection.
• Engage in unauthorized access to systems, networks, or data.
• Use the Website or Services in a way that is abusive or harassing towards other users, employees, or representatives of SKILLS RPL.

5. Submission of Information for RPL Applications

By submitting any documents, personal information, qualifications, work experience records, or other materials for an RPL application, you represent and warrant the following:

• The information you provide is accurate, complete, and truthful to the best of your knowledge.
• You have obtained all necessary consents and permissions to provide any third-party information, such as work references, employer confirmations, and educational qualifications.
• You acknowledge that SKILLS RPL may rely on the information you provide to assess your eligibility for RPL and make recommendations, but the final decision regarding the granting of qualifications is at the discretion of our Partner RTOs.
• You are responsible for ensuring that all documents and materials you submit comply with the requirements outlined by SKILLS RPL or any applicable RTO partner.

6. Fees and Payment Terms

• Fees: Certain Services provided by SKILLS RPL may be subject to fees, which will be clearly outlined at the point of sale or during the RPL application process. You agree to pay all applicable fees for Services rendered, including any taxes or additional charges as described on the Website.
• Payment Methods: Payments for services are processed through secure payment gateways and may include credit card, bank transfer, or other approved methods. You authorize SKILLS RPL to charge your account for the applicable fees associated with the Services.
• Payment Responsibility: You are responsible for ensuring that all payments are made on time. If payment is not received, SKILLS RPL reserves the right to suspend or terminate the Services until full payment is made.

7. Privacy and Data Protection

Your privacy is important to us. All personal data collected through your use of the Website and Services is governed by our Privacy Policy. By using the Website and Services, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

8. Intellectual Property Rights

• Ownership of Content: All Content on the Website, including text, graphics, logos, images, audio, video, and software, is the property of SKILLS RPL or its licensors and is protected by Australian and international copyright laws.
• Use of Website Content: You may view, download, and print content from the Website for personal, non-commercial use only. You may not copy, reproduce, distribute, or create derivative works from any Content on the Website without the express written consent of SKILLS RPL, except as expressly permitted by these Terms.
• Trademarks: All trademarks, logos, and service marks displayed on the Website are the property of SKILLS RPL or third parties. You may not use any trademark, logo, or service mark without prior written permission.

9. Disclaimers and Limitations of Liability

• No Guarantee of Outcome: While SKILLS RPL makes every effort to provide accurate, helpful, and reliable services, we do not guarantee that your RPL application will result in the award of qualifications. The final determination of your eligibility for qualifications is made by our Partner RTOs.
• Limitation of Liability: To the fullest extent permitted by law, SKILLS RPL shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Website, Services, or any content, even if SKILLS RPL has been advised of the possibility of such damages. This includes but is not limited to loss of data, loss of business, or any other financial loss.
• Indemnification: You agree to indemnify, defend, and hold harmless SKILLS RPL, its employees, agents, affiliates, and RTO partners from any claims, damages, losses, liabilities, costs, and expenses, including legal fees, arising from:
  • Your use of the Website and Services.
  • Your violation of these Terms.
  • Any unauthorized use of your account.
  • Any infringement of intellectual property rights or other third-party rights.

10. Termination and Suspension

• Termination by SKILLS RPL: We reserve the right to suspend or terminate your access to the Website and Services at our discretion if we believe that you have violated these Terms or engaged in any unlawful or inappropriate conduct.
• Termination by You: You may terminate your use of the Website and Services at any time by ceasing to use the Website and notifying SKILLS RPL.
• Effect of Termination: Upon termination, your right to access the Website and Services will immediately cease. Any payments owed to SKILLS RPL up until the date of termination will remain due and payable.

11. Governing Law and Dispute Resolution

• Governing Law: These Terms are governed by the laws of the Commonwealth of Australia. Any disputes arising from these Terms will be resolved under the jurisdiction of the courts in Australia.
• Dispute Resolution: In the event of a dispute, you agree to attempt to resolve the matter informally through direct communication with SKILLS RPL. If informal resolution is not possible, the dispute may be referred to alternative dispute resolution processes, such as mediation or arbitration, in accordance with Australian law.

12. Changes to Terms of Use

SKILLS RPL reserves the right to update or modify these Terms at any time. When such changes occur, the updated Terms will be posted on this page with an updated “Effective Date.” It is your responsibility to review these Terms periodically. Your continued use of the Website or Services following any changes to the Terms will be deemed as acceptance of those changes.

13. User Responsibilities

As a user of the Website and Services, you agree to the following responsibilities:

• Accuracy of Information: You agree to provide true, accurate, current, and complete information when submitting documents, creating an account, or using the Services. It is your responsibility to update any information you provide to ensure its accuracy.
• Conduct and Behavior: You agree to use the Website and Services in a professional and respectful manner. You must not engage in any behavior that would disrupt, damage, or impair the proper functioning of the Website, such as using automated tools or engaging in activities that overload or attempt to breach the security of the Website.
• Non-Transferability: Your access to the Website and Services is personal and non-transferable. You may not share your account credentials or allow others to use your account to access the Services.
• Compliance with Applicable Laws: You are responsible for complying with all applicable local, state, and national laws in connection with your use of the Website and Services, including but not limited to regulations related to data privacy, intellectual property rights, and export control laws.

14. External Links and Third-Party Services

• Links to External Websites: The Website may contain links to third-party websites that are not owned or controlled by SKILLS RPL. These links are provided for your convenience and do not imply endorsement or responsibility for the content, privacy practices, or policies of those third-party websites.
• Third-Party Services: SKILLS RPL may also integrate third-party services into the Website or provide access to third-party content. These services may have their own terms of use, privacy policies, and fees. By using these services, you agree to comply with their terms and conditions.
• No Control Over Third-Party Content: SKILLS RPL does not control, monitor, or take responsibility for any third-party services, products, or content. You agree that SKILLS RPL shall not be liable for any damages or losses incurred by you as a result of your interactions with third-party websites or services.

15. Force Majeure

• Definition: SKILLS RPL shall not be held liable for any delay or failure to perform any obligation under these Terms if such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government regulations, strikes, war, terrorism, pandemics, or failures of telecommunications or the internet (a “Force Majeure Event”).
• Notification of Force Majeure: In the event of a Force Majeure Event, SKILLS RPL will notify you as soon as reasonably possible and will make reasonable efforts to resume performance of its obligations under these Terms. However, SKILLS RPL shall not be liable for any failure to perform its obligations if the performance is delayed or prevented due to a Force Majeure Event.

16. Consumer Protection and Statutory Rights

• Consumer Rights: These Terms are subject to the Australian Consumer Law, which provides certain statutory rights to consumers that cannot be excluded, restricted, or modified. Nothing in this Agreement shall affect your rights under Australian Consumer Law or other applicable consumer protection laws.
• No Exclusion of Statutory Rights: If you are a consumer under the Australian Consumer Law, you have the right to a remedy (such as a refund or replacement) if the services provided by SKILLS RPL fail to meet acceptable standards of quality, reliability, or performance. However, in cases where the services are provided without charge or as part of a limited offer, SKILLS RPL’s liability may be limited to the extent permitted by law.

17. Feedback and User Contributions

• User-Generated Content: If you submit or contribute any content, ideas, feedback, suggestions, or other materials (collectively, “User Contributions”) to SKILLS RPL, you grant SKILLS RPL a worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, modify, adapt, distribute, and display such User Contributions in any media.
• Responsibility for User Contributions: You are solely responsible for any User Contributions that you submit to the Website, and you warrant that such contributions do not violate any intellectual property rights or the rights of third parties. SKILLS RPL has no obligation to review or monitor User Contributions but reserves the right to remove or edit any content that violates these Terms or is deemed inappropriate, offensive, or unlawful.

18. No Waiver

No failure or delay by SKILLS RPL in exercising any right or remedy under these Terms shall be deemed to constitute a waiver of such right or remedy. A waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of SKILLS RPL.

19. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of SKILLS RPL. SKILLS RPL may assign or transfer its rights and obligations under these Terms to any third party at any time without notice.

20. Entire Agreement

These Terms, along with the Privacy Policy, and any other legal notices or agreements published on the Website, constitute the entire agreement between you and SKILLS RPL regarding the use of the Website and Services. These Terms supersede all prior or contemporaneous agreements, communications, or proposals, whether electronic, oral, or written, between you and SKILLS RPL concerning the Website or Services.

21. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely matches the original intent.

22. Privacy and Data Protection

• Confidentiality: We take your privacy and data protection seriously. We are committed to safeguarding your personal information and only use it as necessary for providing the Services. Any personal information you provide will be handled in accordance with our Privacy Policy.
• Personal Data: By using the Website and Services, you consent to the collection, processing, and storage of your personal data as described in the Privacy Policy. You have the right to access, correct, or delete your personal information in accordance with applicable data protection laws.
• Data Security: SKILLS RPL employs reasonable security measures to protect your personal information. However, no data transmission over the internet or electronic storage method is 100% secure. We cannot guarantee the absolute security of your personal information, and you acknowledge this inherent risk.

23. Electronic Communications

By using the Website and Services, you consent to receiving electronic communications from SKILLS RPL. These communications may include notifications, updates, service-related messages, and promotional materials. You may opt-out of receiving marketing communications at any time by following the unsubscribe instructions provided in each communication.

24. Changes to Services

SKILLS RPL reserves the right to modify, suspend, or discontinue any part of the Website or Services, or any content or feature offered therein, at any time without prior notice. We will make reasonable efforts to provide you with notice of any significant changes, but we are not obligated to do so.

25. Legal Advice Disclaimer

The Services provided by SKILLS RPL are for educational and advisory purposes only. We are not a law firm, and nothing provided through the Website or Services should be construed as legal advice. You should consult a licensed attorney or other qualified professional for legal advice or specific guidance on matters related to qualifications, RPL, or any other legal issues.

26. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Australia. Any disputes arising out of or in connection with these Terms or the use of the Website or Services shall be subject to the exclusive jurisdiction of the courts of Australia.