Terms & Conditions
This is the Contract between you and House of Learning (RTO Code 21583) ABN 21 144 869 634 trading as Colab. It is an important document.
This Contract sets out your obligations to Colab and Colab’s obligations to you, and by accepting it you are acknowledging that you have read it and understand it.
It is important that you understand that by accepting this Contract you are committing to paying the full course fees or a significant percentage of the full course fees unless you cancel your enrolment in writing to Colab within the cooling off period of seven days from the start date of this Contract (as defined in clause 4) or unless Special Consideration or guarantees under the Australian Consumer Law apply to you.
You cannot ask Colab to extend your course duration or defer your course or for Colab to issue your qualification certificate unless all course fees that are due at the time have been paid or unless Special Consideration or guarantees under the Australian Consumer Law apply to you.
- Your Obligations
Your obligations under this Contract include:
- you agree to pay all fees associated with your course plus GST, if applicable (Course Fees);
- you agree to pay any Administrative Fees charged to you by Colab under the Schedule of Administrative Fees;
- you confirm that you fulfil all entry requirements and have the required equipment, as specified on the Colab website, for the course in which you enrol;
- you represent and warrant that all information you provided to Colab was accurate and complete and not misleading and that you included all information that may impact on your ability to complete the course (such as a disability);
- you agree to comply with Colab’s student policies and procedures;you agree to comply with Colab’s student policies and procedures;
- you must have access to a computer, computer equipment, computer software and internet connection which meet Colab's specifications from time to time while you are completing your course;
- you may be required, depending on your particular course, to provide additional equipment or materials or undertake additional studies or certifications as set out on the Colab’s website (for the course in which you enrol) at your own expense;
- you must inform Colab in writing within seven (7) days of any corrections or changes to your personal details including name, residential or postal address, email address and phone numbers;
- you must maintain a current email address for the duration of your course as Colab will communicate with you via email and through our Learning Management System; and
- you must retain a copy of all assessments submitted to Colab for the duration of your course. Assessments submitted by mail to Colab will not be returned to you.
- Our Obligations
While you are complying with this Contract:
- Colab will supply you with the materials for the first study period of your course which may be partly or fully through our Learning Management System (LMS);
- Colab will supply you with the materials for the subsequent study periods for your course after Colab have determined, in its sole discretion, that you have successfully completed the prior study period for your course;
- Colab will provide you with access to our LMS from your computer where that computer uses equipment, software and internet capability which meet Colab's specifications from time to time;
- Colab will provide you with access to learning and administrative support;
- Colab will grade your assessments, or procure that a relevant Partner grades your assessments, and provide feedback and grades for your assessments through our LMS; until the completion of your course or on the earlier termination or end of this Contract and
- Colab will issue appropriate certification to you for your course once you have successfully completed all study periods and paid all Course Fees.
- Accepting this Contract
You have accepted this Contract by:
- signing the Enrolment Form; or
- clicking “Accept” on the webpage; or
- clicking “Accept” in the online enrolment system.
- The start date of this Enrolment Contract (Enrolment Date) is the date on which all of the following conditions have been met:
- you have accepted this Enrolment Contract in accordance with Clause 3, or if you are under 18, your parent or guardian has signed this Enrolment Contract;
- all Enrolment Conditions specified in your Application Form have been met. Enrolment Conditions may include entry requirements, English language proficiency requirements or other pre-requisites; and
- Colab sends you your login details.
- Colab enters into this Contract with you when it confirms your enrolment and provides a copy of this Contract to you.
- By accepting this Contract, you consent to Colab sending you electronic messages or contacting you at the phone number and email address you have provided to Colab, for the duration of this Contract and a reasonable period after the end of this Contract.
- Workplace Assessment Obligations
If your course contains work placements, workplace assessments or other structured workplace learning (Structured Workplace Learning):
- you must find a suitable workplace or workplaces to undertake the Structured Workplace Learning components of your course (unless specified);
- Colab will assess and determine, in its sole discretion, whether the workplace you identify is suitable for the particular Structured Workplace Learning; and
- you may be required to travel to an appropriate workplace (at your own cost) if you are unable to locate an appropriate workplace within your local area; and
- Colab may undertake workplace assessments:
- in a range of ways, which may include completion of a logbook; telephone interviews with you and your supervisor; visits at the worksite and completion of a workplace assessment portfolio; and
- at approved workplaces. If you cannot attend the workplace on the assessment date you must notify Colab in writing fourteen (14) days before the assessment date. Failure to attend the assessment or cancellation of the assessment less than 14 days from the assessment date may result in an Administrative Fee being incurred, which you must pay.
- To complete your course, you must complete all mandatory workplace assessments within the maximum duration of your course.
- Paying Your Course Fees
If you are paying your Course Fees in full upfront, you must pay on or before the due date specified in your Application Form.
- Subject to the Australian Consumer Law, if you do not pay the Course Fees by the due date then Colab may:
- withhold the materials for your course; and/or
- restrict access to our LMS; and/or
- withhold the grading of assessments; and/or
- cease or suspend any other obligation Colab or a Partner has under this Contract; and/or
- notify relevant credit agencies of your default; and/or
- withdraw you from the course.
- The Course Fees do not include:
- postage of any assessments or other materials by you to Colab;
- any materials that are listed as “Computer Requirements” or “Additional Requirements” for your particular course on the Colab website www.colab.edu.au;
- travel, accommodation or other personal costs (such as uniforms) associated with undertaking a work placement or workplace assessments;
- any applicable Administrative Fees; or
- any fees and charges with respect to any external examination your course may prepare you to undertake.
- Course Duration
You must complete your course before the expiry date outlined in Colab’s confirmation of your enrolment (Maximum Duration). Subject to the Australian Consumer Law, if you do not complete the course within the Maximum Duration, your enrolment will expire and you will not be entitled to any refund or partial refund of Course Fees.
- Course Extension and Deferral
You may apply for the changes specified in Clause 18 to your enrolment by submitting the appropriate Request Form to Colab (including where applicable the relevant sections completed by a qualified Medical Doctor) and properly completing and lodging any paperwork Colab require to support your application. Subject to the Australian Consumer Law, Colab will only consider your application if you have paid all Course Fees that are due at the time and you pay an Administrative Fee as outlined in the Schedule of Administrative Fees.
- The changes you may apply for are:
- Course Extension: If you require more time to complete your studies, you can apply for a Course Extension before the expiry date of your course and Colab will extend your course by up to six (6) months if you comply with Clause 17 and:
- there are no material changes to the training package for your course; and
- your course is not in a teach-out period. If Colab approve your Course Extension, the Maximum Duration of your course is adjusted accordingly.
- Course Deferral: If you encounter difficulties or changed circumstances that are likely to impact on your ability to study you may apply to defer your study for up to six (6) months if you comply with Clause 17 and you advise Colab of the date you expect to return to study.
- If Colab approve your application to defer your study, then Colab may:
- Extend the Maximum Duration of your course by up to six (6) months;
- agree an alternative payment plan with you, which may include deferral of instalments for up to six (6) months; and/or provide you with additional academic and learning support services.
- Changes During Your Studies
Colab may be required to make changes to courses (including units, learning materials and assessments) and Student Policies and Procedures from time to time.
- In addition to changes requires under Clause 19, Colab may change the courses (including units, learning materials and assessments) and the Student Policies and Procedures from time to time.
- If a material change is made pursuant to Clauses 19 or 20, then Colab will:
- give you 14 days’ notice (by email) before the change applies; and
- work with you to address any potential disadvantage you think may arise from the change, by, for example:
- extending the Maximum Duration of your course;
- giving you additional learning support services;
- facilitating your transfer to a different Colab course; or
- giving you the option to complete your course (subject to availability and compliance with relevant regulations).
- If a material change is made pursuant to Clause 19 and that change results in disadvantage which is unable to be addressed by Clause 21, you may apply for Special Consideration under Clause 31. If a material change is made pursuant to Clause 20, and that change results in disadvantage which is unable to be addressed by Clause 21, you may apply for Special Consideration under Clause 31 or you may elect to cancel your enrolment and receive a refund of your Course Fees, less the applicable Administrative Fees as outlined in the Schedule of Administrative Fees
- Colab may update the Schedule of Administrative Fees, and such updates will be:
- made in February each year;
- notified to you with 14 days’ notice (by email); and
- limited to a maximum increase of 10% in any one calendar year.
- Cancellation and Refund
If you wish to terminate your studies, you must notify Colab in writing (Cancellation Request).
- Subject to the Australian Consumer Law, if Colab receives your Cancellation Request within the Cooling Off Period which is seven (7) calendar days from the start date of this Contract, Colab will refund any Course Fees you have paid, less the applicable Administrative Fees as outlined in the Schedule of Administrative Fees.
- Subject to the Australian Consumer Law, and unless otherwise stated in the terms of this Contract, if you give Colab your Cancellation Request within any of the following periods after your start date, you will be liable to pay to UP the following percentage of the full Course Fee plus the applicable Administrative Fees as outlined in the Schedule of Administrative Fees.
- Guarantees under the Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law and nothing in this Contract should be read as purporting to exclude the effect of the Australian Consumer Law. These guarantees are that the services:
- will be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;
- be fit for the purpose or give the results that Colab and the student agreed to; and
- be delivered within a reasonable time frame when there is no agreed end date.
- You are entitled to receive the services again or a refund for a major failure in the service and you may also be entitled to compensation for any other reasonably foreseeable loss or damage. You are entitled to receive the services again if the service fails to be of acceptable quality and the failure does not amount to a major failure.
- Where permissible, Colab’s liability in relation to a failure to meet a consumer guarantee under Law is limited to:
- supplying the services again; or
- the payment of the cost of having the services supplied again.
- Special Consideration
If you encounter difficulties or changed circumstances that are serious and continuing and are likely to materially impact on your ability to complete your course, you can apply for Special Consideration.
- If there has been a material change to your course under Clause 19 or 20 resulting in material disadvantage to you which cannot be addressed under Clause 21, you can apply for Special Consideration.
- To apply for Special Consideration, you must submit a Special Consideration Request Form to Colab, including the relevant sections completed by a qualified Medical Doctor (where applicable) and any other requested additional supporting documentation.
- If Special Consideration is granted Colab may agree to:
- extend the Maximum Duration of your course;
- give you additional support services;
- release you from the payment of future instalments of the Course Fees; and/or
- grant a pro-rata refund of the Course Fees (taking into account the portion of the course that has been completed and the costs associated with the provision of learning materials).
- Without limitation, Special Consideration will not be given if you seek Special Consideration only on the basis that:
- you have changed jobs;
- your work hours changed;
- you have moved address (including inter-state or international moves);
- you find the course more difficult, time consuming or stressful than you had expected; or
- you have resigned from or terminated your employment.
- For clarification, a student is still eligible to apply for Special Consideration such as on financial hardship or on medical grounds even where one of these factors also applies.
- Other Terms
If your course prepares you to undertake external examinations, you are responsible for establishing your own eligibility and making arrangements to attend and pay for any fees and charges with respect to the external examination. Colab make no representations regarding external examinations.
- You may keep the material Colab provides to you. The content of the material is copyright and all intellectual property rights in the material remains the sole property of Colab or its nominated third party. You may not reproduce any part of the materials or assessments other than for personal, non-commercial use without Colab’s prior written consent.
- This Contract is governed by and must be construed in accordance with the laws in force in Victoria. The parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to this Contract, its performance or subject matter.
Privacy Notice and Student Enrolment Declaration
Why we collect your personal information
As a registered training organisation (RTO), we collect your personal information, so we can process and manage your enrolment in a vocational education and training (VET) course with us. Collection of personal information is subject to the privacy principles set out in the Privacy Act 1998 (Cth) and the Privacy Act 2993 (NZ) (Privacy Laws).
How we use your personal information
We use your personal information to enable us to deliver VET courses to you, and otherwise, as needed, to comply with our obligations as an RTO.
How we disclose your personal information
We are required by law (under the National Vocational Education and Training Regulator Act 2011 (Cth) (NCETR Act)) to disclose the personal information we collect about you to the National VET Data Collection kept by the National Centre for Vocational Education Research Ltd (NCVER). The
NCVER is responsible for collecting, managing, analysing, and communicating research and statistics about the Australian VET sector. We are also authorised by law (under the NVETR Act) to disclose your personal information to the relevant state or territory training authority.
How the NCVER and other bodies handle your personal information
The NCVER will collect, hold, and use and disclose your personal information in accordance with the law, including the Privacy Laws and the NVETR Act. Your personal information may be used and disclosed by NCVER for purposes that include populating authenticated VET transcripts; administration of VET; facilitation of statistics and research relating to education, including surveys and data linkage; and understanding the VET market.
The NCVER is authorised to disclose information to the Australian Government Department of Education, Skills and Employment (DESE), Commonwealth authorities, State and Territory and authorities (other than registered training organisations) that deal with matters relating to VET and VET regulators for the purposes of those bodies, including to enable:
administration of VET, including program administration, regulation, monitoring and evaluation
facilitation of statistics and research relating to education, including surveys and data linkage
understanding how the VET market operates, for policy, workforce planning and consumer information.
The NCVER may also disclose personal information to persons engaged by NCVER to conduct research on NCVER’s behalf.
The NCVER does not intend to disclose your personal information to any overseas recipients.
If you would like to seek access to or correct your information, in the first instance, please contact your RTO using the contact details below.
DESE is authorised by law, including the Privacy Laws and the NVETR Act, to collect, use and disclose your personal information to fulfil specified functions and activities. For more information about how the DESE will handle your personal information, please refer to the DESE VET Privacy Notice.
Victorian Government VET student enrolment privacy notice
The Victorian Government, through the Department of Education and Training (the Department), develops, monitors, and funds vocational education and training (VET) in Victoria. The Victorian Government is committed to ensuring that Victorians have access to appropriate and relevant VET services. Any personal information collected by the Department for VET purposes is protected in accordance with the Privacy and Data Protection Act 2014 (Vic) and the Health Records Act 2001 (Vic).
Collection of your data: Colab is required to provide the Department with student and training activity data. This includes personal information collected in the Swinburne University enrolment form and unique identifiers such as the Victorian Student Number (VSN) and the Commonwealth’s Unique Student Identifier (USI). Colab provides data to the Department in accordance with the Victorian VET Student Statistical Collection Guidelines, click here to view.
Use of your data: The Department uses student and training data, including personal information, for a range of VET purposes including administration, monitoring and planning, including interaction between the Department and Student where appropriate. The data may also be subject to data analytics, which seek to determine the likelihood of certain events occurring (such as program or subject completion), which may be relevant to the services provided to the student.
Disclosure of your data: As necessary and where lawful, the Department may disclose VET data, including personal information, to its contractors, other government agencies, professional bodies and/or other organisations for VET-related purposes. In particular, this includes disclosure of VET student and training data to the Commonwealth and the National Centre for Vocational Education Research (NCVER).
Legal and Regulatory: The Department’s collection and handling of enrolment data and VSNs is authorised under the Education and Training Reform Act 2006 (Vic). The Department is also authorised to collect and handle USIs in accordance with the Student Identifiers Act 2014 (Cth) and the Student Identifiers Regulation 2014 (Cth).
Survey participation: You may be contacted to participate in a survey conducted by NCVER or a Department-endorsed project, audit, or review relating to your training. This provides valuable feedback on the delivery of VET programs in Victoria.
Please note you may opt out of the NCVER survey at the time of being contacted.
Consequences of not providing your information: Failure to provide your personal information may mean that it is not possible for you to enrol in VET and/or to obtain a Victorian Government VET subsidy
Access, correction, and complaints: You have the right to seek access to or correction of your own personal information. You may also complain if you believe your privacy has been breached.
For further information about the way the Department collects and handles personal information, including access, correction, and complaints go to: www.education.vic.gov.au/Pages/privacypolicy.aspx
For further information about Unique Student Identifiers, including access, correction, and complaints, go to: www.usi.gov.au/Students/Pages/student-privacy.aspx