Terms and Conditions
ENROLMENT TERMS AND CONDITIONS
Pendulum College Australia Pty Ltd (ABN 86 656 196 628)
(“PCA”, “we”, “us”, “our”)
- DEFINITIONS AND INTERPRETATION
For the purposes of this Agreement:
ASQA means the Australian Skills Quality Authority.
RTO means a Registered Training Organisation registered under the National Vocational Education and Training Regulator Act 2011 (Cth).
Qualification means an AQF qualification, Statement of Attainment, or nationally recognised certification issued solely by an RTO.
Application means documentation prepared and submitted by PCA on behalf of the Student to an RTO.
RPL means Recognition of Prior Learning conducted by the RTO in accordance with Clause 1.8–1.12 of the Standards for RTOs 2015.
Fees include service fees, administration fees, referral fees, RPL coordination fees, and any amounts payable to the RTO.
Student / Party means the individual signing this Agreement.
Services means consultancy, document preparation, administrative coordination and referral services provided by PCA.
- NATURE OF PCA SERVICES
2.1 PCA is not an RTO and does not deliver training, conduct assessment, issue qualifications, or report outcomes to the USI Registry.
2.2 PCA operates strictly as an independent consultancy and referral agency.
2.3 All assessment, validation, compliance, issuance of qualifications, and regulatory reporting are the sole responsibility of the relevant RTO.
2.4 PCA undertakes reasonable due diligence to confirm that referred RTOs are registered with ASQA at the time of referral. However, PCA does not warrant ongoing regulatory status beyond the referral date.
2.5 Nothing in this Agreement creates a partnership, agency, or joint venture between PCA and any RTO.
- STUDENT DECLARATIONS AND WARRANTIES
The Student warrants that:
- All information and documentation provided is true, correct, and not misleading.
- No falsified or fraudulent evidence has been submitted.
- They understand that providing false evidence may result in cancellation by the RTO and potential regulatory consequences.
- They are responsible for confirming licensing, migration, insurance, or employment eligibility requirements independently.
- COOLING-OFF PERIOD
4.1 A one (1) business day cooling-off period applies from execution of this Agreement.
4.2 During this period, the Student may withdraw in writing and obtain a refund less ($330) a reasonable administrative fee (as permitted under Australian Consumer Law).
- FEES AND PAYMENT OBLIGATIONS
5.1 The Student agrees to pay all Fees in full within the agreed timeframe.
5.2 Fees become due upon signing unless otherwise agreed in writing.
5.3 Failure to complete payment may result in suspension of services.
5.4 Fees payable to RTOs are subject to the RTO’s own fee and refund policy.
- REFUND POLICY (ACL-COMPLIANT)
This clause is drafted to comply with the Australian Consumer Law.
6.1 Full Refund (less administrative fee)
Applies where:
- The Application has not been submitted to the RTO; or
- The RTO declines the Application before assessment begins.
6.2 Partial Refund
May apply where:
- The Application has been submitted but assessment has not been finalised.
- Administrative, referral, and processing costs have been incurred.
The retained amount must reflect reasonable costs actually incurred.
6.3 No Refund
No refund applies where:
- The Qualification has been issued by the RTO;
- Services have been fully rendered;
- The Student withdraws after substantial completion of services.
6.4 This policy does not exclude rights under the Australian Consumer Law.
- DEFERRALS AND POSTPONEMENTS
7.1 Deferral requests must be made in writing at least four (4) weeks prior to commencement of assessment.
7.2 Deferrals may be approved at PCA’s discretion in cases of compassionate or compelling circumstances, including:
- Serious illness;
- Death of an immediate family member;
- Natural disaster;
- Serious criminal or traumatic incident.
7.3 Documentary evidence is required.
7.4 Approved deferrals may be credited for up to twenty-four (24) months.
7.5 Additional fees may apply if RTO fees increase.
- POST-ISSUANCE LIMITATION OF RESPONSIBILITY
8.1 Upon issuance of a Qualification by the RTO, PCA’s Services are deemed complete.
8.2 PCA is not responsible for:
- Regulatory audits or sanctions imposed on the RTO after issuance;
- Withdrawal, cancellation, or suspension of a qualification by ASQA;
- Licensing authority decisions;
- Employment or migration outcomes.
8.3 Any verification must be conducted directly with the issuing RTO.
- COMPLIANCE WITH ASQA AND RTO STANDARDS
9.1 PCA acknowledges that RTOs are regulated under:
- National Vocational Education and Training Regulator Act 2011 (Cth)
- Standards for RTOs 2015
- Australian Qualifications Framework (AQF)
9.2 PCA does not interfere with or influence assessment decisions.
9.3 Students acknowledge that RPL decisions are made strictly by the RTO in accordance with Clauses 1.8–1.12 of the Standards for RTOs 2015.
- PRIVACY AND DATA PROTECTION
10.1 PCA collects Personal Information in accordance with the Privacy Act 1988 (Cth).
10.2 Information may be disclosed to:
- The relevant RTO;
- Government regulators where required by law.
10.3 PCA does not retain student records beyond what is legally required once services are completed.
- LIMITATION OF LIABILITY
11.1 To the maximum extent permitted by law, PCA’s liability is limited to the amount of Fees paid for Services.
11.2 PCA excludes liability for indirect or consequential loss, including loss of employment, migration opportunity, or licensing approval.
11.3 Nothing in this clause excludes guarantees under Australian Consumer Law.
- INDEMNITY
The Student indemnifies PCA against claims arising from:
- False or misleading information provided by the Student;
- RTO regulatory action;
- Misuse of issued qualifications;
- Third-party reliance on the qualification.
- TERMINATION
13.1 Either party may terminate prior to submission to the RTO upon written notice.
13.2 Upon termination, refunds (if any) will be assessed under Clause 6.
- GOVERNING LAW
This Agreement is governed by the laws of the Commonwealth of Australia and the State or Territory in which PCA operates.
