1.1. These Terms and Conditions apply to the Course to be undertaken asselected by you and listed in Item 2 of Schedule 1. The Course is a full fee for service course and you are liable to Kirana Colleges for 100% of the fees for the Course.
1.2. These Terms and Conditions should be read in conjunction with Kirana College’s Student Handbook and Kirana Colleges Policies and Procedures published on Kirana Colleges website kiranacolleges.edu.au.
1.3. It’s important to familiarise yourself with Kirana Colleges Student Handbook and Kirana Colleges Policies and Procedures prior to applying to enrol in one of Kirana College’s Courses as they contain information on, among other things:
1.3.1. Academic Policy
1.3.2. Recognition of Prior Learning and Credit Transfer
1.3.3. Contact details of various support services
1.3.4. How to access support and assistance during training
1.3.5. Consumer protection including complaints resolution
1.3.6. How to defer or discontinue training
1.4. Kirana Colleges Policies and Procedures and Student Handbook may be amended by Kirana Colleges from time to time. Except to the extent required by law, Kirana Colleges Policies and Procedures and Student Handbook, and any changes thereto, shall not be inconsistent with these Terms and Conditions, and in the event of an inconsistency, these Terms and Conditions prevail.
1.5. Kirana Colleges is committed to maintaining the privacy and confidentiality of its RTO personnel and participant records. Kirana complies with the Privacy Act 1988 including the 13 Australian Privacy Principles (APPs) as outlined in the Privacy Amendment (Enhancing Privacy Protection) Act 2012.
1.8. You must notify Kirana Colleges of a change of address or your other details while enrolled in the Course.
1.9. These Terms and Conditions must be signed or otherwise accepted by your parent or legal guardian if you are under 18 years of age. Your parent or legal guardian is liable for the Course Fee and any monies that become due and payable under these Terms and Conditions if you are under the age of 18.
1.10. These Terms and Conditions will have immediate effect and be binding on you from the date that you submit your application for enrolment, however, your enrolment is subject to the conditions set out in clause 4. Your place in your selected Course is not guaranteed until we send you an enrolment confirmation letter.
1.11. Any agreement, arrangement or other dealing in connection with a Course provided by Kirana Colleges to you is taken to have been entered into subject to these Terms and Conditions. To the extent of any inconsistency between these Terms and Conditions and the provision of any other agreement, arrangement or other dealing in connection with a Course, these Terms and Conditions will prevail unless expressly stated otherwise. This clause applies despite the fact that any such agreement, arrangement or dealing does not refer to these Terms and Conditions and/or may be in direct conflict with these conditions of contract.
1.12. No amendments to these Terms and Conditions (purported to be made by you) shall be binding on Kirana Colleges unless agreed in writing by a Director of Kirana Colleges or a person authorized in writing by them.
2. COURSE FEES
2.1. The monies payable by you for the Course are itemized in Item 3 of Schedule 1 (Course Fees), however, Kirana is entitled to charge fees for services provided to students. These charges are generally for items such as administrative fees, course materials, text books, student services and training and assessment services (Course Related Charges), further details of which can be accessed on Kirana Colleges Website including advice on the potential for such charges to change during your course kiranacolleges.edu.au.
2.2. Where a supply in connection with a Course by Kirana Colleges is a taxable supply for the purposes of any legislation in respect of goods and services tax (GST), GST at the appropriate rate will be added to all prices quoted and will be separately detailed on all invoices.
3. OBLIGATIONS OF KIRANA COLLEGES
3.1. Kirana Colleges will provide the Course to you in accordance with these Terms and Conditions.
3.2. Australian law requires providers of education and training courses to to be registered and sets out other requirements which Kirana Colleges, any affiliates and educational agents have to comply with.
3.3. As a Registered Training Organisation (RTO), Kirana Colleges must and will comply with all legislation, ordinances, rules, regulations, other delegated legislation, codes, guidelines, standards, and the requirements of any Authority so far as these may affect or apply to RTOs, vocational courses, the Course or Kirana College’s business including:
3.3.1. the National Vocational Education and Training Regulator Act 2011 (NVR Act);
3.3.2. the Standards for Registered Training Organisations (RTOs) 2015, made under subsection 185(1) and subsection 186(1) of the National Vocational Education and Training Regulator Act 2011.
3.3.3. The ACPET Code of Ethics for Members, including:
184.108.40.206. ACPET’s Revised Code of Ethics and New Code of Practice
220.127.116.11. The Code of Practice Principles
18.104.22.168. The ACPET Preferred Agent/Broker List
22.214.171.124. The Code of Conduct for Agents/Brokers on the ACPET Preferred Agent/Broker List
3.4. Kirana Colleges may deliver a Course in conjunction with other RTOs that may or may not be related entities of Kirana Colleges (Affiliates). Details of Kirana Colleges Affiliates are available on the relevant course page on the Kirana Colleges website. Where an Affiliate assists to provide your course, for example, it may be responsible for developing a curriculum, awarding your qualification or providing tuition. Kirana Colleges is responsible for its Affiliates and you will still be bound by this Agreement in respect of any Course delivered by Kirana Colleges in conjunction with its Affiliates.
3.5. Kirana Colleges takes all reasonable measures to use education agents that have an appropriate knowledge and understanding of the Australian education industry and not use education agents who are dishonest or lack integrity.
3.6. If you know or suspect that an education agent acting or purporting to act on behalf of Kirana Colleges has engaged in, dishonest, false, misleading or unethical practices or has been negligent, careless or incompetent, you must notify us immediately so that we can take immediate corrective and preventative action.
3.7. Kirana Colleges will ensure that its staff are suitably qualified or experienced in relation to the functions they perform in connection with your Course and that its education resources, including facilities, equipment, learning and library resources and premises, are adequate to support to the delivery of the Course to you.
4. CONDITIONS OF ENROLMENT
4.1. Your enrolment in a Course is conditional upon acceptance by Kirana Colleges of your enrolment in a Course.
4.2. By accepting these Terms and Conditions you acknowledge and warrant that you understand and accept the prerequisites, requirements, costs and obligations that you will incur by enrolling in a Course with Kirana Colleges, including those set out in Kirana Colleges Policies and Procedures and Kirana College’s Student Handbook.
4.3. Acceptance of your enrolment is at Kirana College’s discretion.
4.4. Enrolment may be refused for any reason, including if Kirana College’s considers:
4.4.1. that you do not have the qualifications, experience and English language proficiency appropriate for the Course;
4.4.2. that accepting your enrolment would be a breach of any Laws;
4.4.3. that you will not be able to complete the Course;
4.4.4. you fail to pay any upfront fees, deposits or instalments required by your Course.
4.5. Kirana Colleges offers a 7 day ‘cooling off period’ which allows you to cancel these Terms and Conditions and your Course within 7 days after you submit your application for enrolment. You may cancel these Terms and Conditions and your Course for any reason within the 7 day period after you submit your application for enrolment by written notice to Kirana Colleges, by email. A $100.00 administration fee will be payable for any cancellations within the cooling off period.
5. COURSE MATERIALS AND CERTIFICATION
5.1. Subject to you complying with these Terms and Conditions, Kirana Colleges will for the duration of your Course:
5.1.1. supply to you materials for the first study period of your course;
5.1.2. supply to you materials for the subsequent study periods for your course after Kirana Colleges have determined, in its sole discretion, that you have successfully completed the prior study period for your course;
5.1.3. provide you with access to MyKirana from your computer where that computer uses computer equipment, computer software and internet (which meet Kirana College’s specifications from time to time);
5.1.4. provide you with access to learning and administrative support;
5.1.5. grade your assessments, or procure that an Affiliate grade your assessments; and
5.1.6. provide feedback and grades for your assessments through MyKirana.
5.2. Either Kirana Colleges or its Affiliate (whoever is most appropriate) will issue to you an appropriate certification for your Course once you have successfully completed all study periods and paid all Course Fees associated with your Course.
6. YOUR OBLIGATIONS AND PAYMENT OF FEES
6.1. By accepting this Agreement you:
6.1.1. warrant that you fulfil all entry requirements and have the required equipment, as specified on the Kirana Colleges website, for the course in which you enrol;
6.1.2. represent and warrant that all information provided to Kirana Colleges at the time of enrolment 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);
6.1.3. agree to pay your Course Fees and any Course Related Charges (plus GST, if applicable) (Fees).
6.2. If you are paying your Fees by instalments, you must:
6.2.1. complete a Credit Card Authorisation; or
6.2.2. complete a Direct Debit Request Service Agreement; and
6.2.3. pay all such instalments on or before the due date.
6.3. If you fail to pay the Fees in accordance with clause 6.1.3 or commit any other default or misconduct in connection with these Terms and Conditions, the Student Handbook and/or Kirana College’s Policies and Procedures, then Kirana Colleges may take any action permitted by law and which may include:
6.3.1. withholding the provision of materials for your Course; and/or
6.3.2. restricting access to MyKirana; and/or
6.3.3. withholding the grading of assessments; and/or
6.3.4. ceasing or suspending any obligation Kirana Colleges or an Affiliate has under these Terms and Conditions; and/or
6.3.5. notifying relevant credit agencies of your default; and/or
6.3.6. withdrawing you from the Course.
6.4. If you are in arrears in respect of an instalment, the total outstanding balance of any Fees will become immediately due and payable.
6.5. If you are claiming the Pensioner Education Supplement through Centrelink, then you will be required to make payments to Kirana Colleges using Centrepay. Should you cease to make payments at any time during your course, then Kirana Colleges reserves the right to implement the actions outlined in Clause 6.3 and inform Centrelink of your change in status.
6.6. You acknowledge and agree that:
6.6.1. you must have access to a computer, computer equipment, computer software and internet (which meet Kirana Colleges's specifications from time to time) while you are completing your course;
6.6.2. depending on your particular course, you may be required, at your own expense, to provide additional equipment or materials or undertake additional studies or certifications (these requirements are set out on the Kirana Colleges website); and
6.6.3. additional or supplementary learning materials for your course may only be available through the online learning system (the online learning system is known as MyKirana).
6.6.4. The Course Fee does not include:
126.96.36.199. postage of any assessments or other materials by you to Kirana Colleges;
188.8.131.52. any materials that are listed as “Computer Requirements” or “Additional Requirements” for your particular course on the Kirana Colleges website;
184.108.40.206. travel, accommodation or other personal costs (such as uniforms) associated with undertaking a work placement or workplace assessments;
220.127.116.11. Any materials not listed as Resource Materials for the student’s course
18.104.22.168. Any equipment that will be retained by the student as his or her own personal property;
22.214.171.124. Excursions if they arise;
126.96.36.199. Printing of learning materials that are made available online;
188.8.131.52. Replacing issued learning materials which the student has lost or damaged;
184.108.40.206. Additional assessment requirements;
220.127.116.11. Replacement copy of a student’s certificate;
18.104.22.168. Technology device loan.
6.6.5. You must inform Kirana Colleges in writing within seven (7) days of any corrections or changes to your personal details including name, residential or postal address, email address, phone numbers, payment options and banking details.
6.6.6. You must retain a copy of all assessments submitted to Kirana Colleges for the duration of your course. Assessments submitted by mail to Kirana Colleges will not be returned to you.
6.6.7. You must maintain a current email address for the duration of your course.
6.6.8. Kirana Colleges will communicate with you via email and through MyKirana.
6.6.9. If your Course contains work placements, workplace assessments or other structured workplace learning (Structured Workplace Learning):
22.214.171.124. you must find a suitable workplace or workplaces to undertake the Structured Workplace Learning components of your course;
126.96.36.199. Kirana Colleges will assess and determine, in its sole discretion, whether the workplace you identify is suitable for the particular Structured Workplace Learning (depending on the nature of the workplace and the assessment requirements);
188.8.131.52. 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
184.108.40.206. Kirana Colleges may undertake workplace assessments in a range of ways, which may include: completion of a logbook; telephone interviews with you and your supervisor; and completion of a workplace assessment portfolio.
220.127.116.11. Kirana Colleges may undertake workplace assessments at approved workplaces. If you cannot attend the workplace on the assessment date you must notify Kirana Colleges 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.
18.104.22.168. 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. Kirana Colleges make no representations regarding external examinations.
7. WARRANTIES, REPRESENTATIONS AND INTELLECTUAL PROPERTY
7.1. Any decision to enrol in a Course must be made by you. While Kirana Colleges will provide you with relevant information in relation to the Courses to assist you to make a decision, it makes no guarantees as to Course outcomes such as employment or financial outcomes in Australia or elsewhere.
7.2. The guarantees, warranties and conditions implied by or provided by law or statute which cannot be excluded by contract are included in these Terms and Conditions. All other guarantees, warranties and conditions under any legislation, the common law, equity, or trade or custom are excluded from these Terms and Conditions unless otherwise expressly stated.
7.3. Ownership of all copyright, proprietary and intellectual property rights in respect of or arising out of or in connection with the Course, any marketing and study materials, assessment materials and content and any other Course documentation and content (“Course Material”) is vested in and will remain vested in Kirana Colleges or a nominated third party and nothing in these Terms and Conditions confers any proprietary or intellectual property rights on you in respect of the Course Material.
7.4. You may keep the Course Material that Kirana Colleges provides to you, however you must not reproduce or distribute any part of the Course Material without Kirana College’s prior written consent.
8. REFUNDS, DEFERMENTS, EXTENSIONS AND TRANSFERS
8.1. Subject to the cooling off period and any default by Kirana Colleges in its obligation to provide the Course to you, if you wish to withdraw from your enrolment after submitting your application for enrolment, you will not be entitled to any refund of any of the Fees, and you will be liable to pay the same for the entire duration of the Course.
8.2. You must complete your Course (including any Structured Workplace Learning) within the timeframe specified by Kirana Colleges, in your confirmation of your enrolment (Maximum Duration), subject to clause 8.3.
8.3. If you are experiencing difficulties completing your and require more time to complete your studies, you may request to defer or extend your studies. To defer or extend your studies, you will need to contact Student Support or make a request to us in writing before the expiration of your Course. Kirana Colleges will only agree to extend or defer your Course where you have not made a previous request and there are extenuating circumstances or special considerations supported by documentation submitted to Kirana Colleges, such as personal difficulties or changed circumstances that are likely to impact on your ability to study. Requests for re-scheduling of any Course or program or subject pursuant to a deferment or extension may incur additional fees or Course Related Charges.
8.4. To apply for a Course deferral or extension, you must:
8.4.1. have paid all Fees that are due at the time;
8.4.2. submit a completed Course deferral or extension request to Kirana Colleges, and which may require a medical certificate (where applicable); and
8.4.3. advise Kirana Colleges of the date you expect to return to study; and
8.4.4. agree to pay any Course deferment or extension fee and administrative charges that may be payable to Kirana Colleges as a condition of your Course deferment or extension at Kirana Colleges absolute discretion.
8.5. If Kirana Colleges approves your application to defer or extend your study, then Kirana Colleges may, without limitation:
8.5.1. extend the Maximum Duration of your Course by up to six (6) months;
8.5.2. agree with you an alternative payment plan, which may include deferral or extension of instalments for up to six (6) months; and/or
8.5.3. provide to you additional academic and learning support services.
8.6. Where there are extenuating circumstances or special considerations of a continuing and serious nature which will materially affect your ability to continue with your Course, and having regard to such circumstances or considerations it is not possible for you to continue or defer or extend the Course, Kirana Colleges may at it absolute discretion agree to:
8.6.1. Accept a written application from you to cancel the Course;
8.6.2. release you from the payment of future instalments; and/or
8.6.3. 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).
8.7. Kirana Colleges will not consider applications for cancellation due to extenuating circumstances or special considerations for matters including where:
8.7.1. you change jobs;
8.7.2. your work hours changes;
8.7.3. you move address (including inter-state or international moves);
8.7.4. your Course changes as a result of a regulatory change governing Kirana Colleges;
8.7.5. you find the Course more difficult, time consuming or stressful than you had expected; or
8.7.6. you resign from or terminate your employment.
8.8. If for any reason you feel that we were unable to fulfil your training requirements and need to move to another provider, Kirana Colleges will assist you with the transition. If you have been found competent in any units of competency, we will issue you with a Statement of Attainment which you can use as Credit Transfer with your new provider. You will still be required to pay any outstanding Fees. To transfer your studies, you will need to contact your Course Coordinator or make a request to us in writing before the expiration of your Course.
8.9. For the avoidance of doubt, Course Fees will not be refunded as a result of a Course transfer.
8.10. If you decide to pursue an alternative Course with Kirana Colleges after commencing your studies, you may apply for a Course transfer.
8.11. To apply for a Course transfer, you must:
8.11.1. have paid all Fees that are due at the time; and
8.11.2. submit a Course transfer request to Kirana Colleges within three months of the Agreement Date;
8.12. Kirana Colleges will approve your Course transfer request if:
8.12.1. you satisfy the criteria set out in clause 8.11 above;
8.12.2. you meet the entry requirements for the Course you wish to transfer to;
8.12.3. you have not previously been approved for a Course transfer;
8.12.4. the Course you wish to transfer to is taking new enrolments; and
8.12.5. you agree to pay all Fees for the new Course; and
8.12.6. you agree to pay any Course transfer fee and administrative charges that may be payable to Kirana Colleges as a condition of your Course transfer at Kirana Colleges absolute discretion.
8.13. Course Fees will not be refunded as a result of a Course transfer, however, Kirana Colleges, may at its absolute discretion agree to reduce, waive, refund or give you a credit in respect of any Fees paid by you in respect of the original or the new Course where you apply to transfer to a new Kirana Colleges Course For example, if the new Course is of greater value than your current Course, then Kirana Colleges may only require you to pay additional Course Fees equal to the difference between the value of the original Course and the new Course or if the new Course is of lesser value than your original Course, then Kirana Colleges may allow you to apply the difference between the original Course Fee and the new Course Fee towards a future Course with Kirana Colleges. Any such future course must be commenced within 6 months of the completion of the Course you transfer into.
8.14. Where Kirana Colleges is unable to provide the Course or there is a serious failure in the provision of the Course by Kirana Colleges, Kirana Colleges will, acting reasonably, offer you:
8.14.1. the opportunity to undertake the Course again at no additional cost; or
8.14.2. the opportunity to undertake a similar or alternative Course at no additional cost; or
8.14.3. a full or pro-rata refund of the Course Fees (taking into account the portion of the Course that has not been completed, whether any completed Course units can be credited and transferred to another Course, and the extent of the failure by Kirana Colleges to provide the Course).
8.15. New Zealand Citizens may enrol in selected Kirana Colleges Courses subject to the following additional terms:
8.15.1. You acknowledge that the qualifications delivered by Kirana Colleges are designed specifically to meet Australian workforce requirements. Further, the Nationally Recognised Training qualifications delivered by Kirana Colleges are developed in accordance with the Australian Qualifications Framework.
8.15.2. You are solely responsible for ascertaining the recognition and appropriateness of your Course to the meet your specific requirements in New Zealand.
8.15.3. If your Course contains Structured Workplace Learning, it is your responsibility to:
22.214.171.124. find an appropriate workplace to undertake the Structured Workplace Learning components of your course in Australia;
126.96.36.199. ensure that you meet the relevant visa requirements to enable you to undertake your Structured Workplace Learning in Australia and ensure that you have no visa restrictions that will prevent you from undertaking Structured Workplace Learning in Australia; and
188.8.131.52. complete any necessary regulatory checks, including those that may be required in Australia as specified in the Workplace Assessment Guide for your Course, for example National Police Check and Working with Children Check.
9. GENERAL AND INTERPRETATION
To the extent permitted by Law:
9.1. Headings are for convenient reference only and do not effect interpretation.
9.2. A failure by Kirana Colleges to exercise any right under these Terms and Conditions or a delay in exercising any right is not a waiver or variation to that right. The partial exercise by Kirana Colleges of any right under these Terms and Conditions does not prevent the complete or further exercise of that right.
9.3. Any failure by Kirana Colleges to enforce any provision of these Terms and Conditions or any forbearance, delay or indulgence granted by it to the Customer will not be construed as a waiver of Kirana College’s rights hereunder.
9.4. These Terms and Conditions contain the entire understanding between the parties concerning their subject matter and supersede all previous agreements and understandings whether written or oral between the parties in respect of such subject matter.
9.5. Any notice required or permitted to be given by either party to the other under these Terms and Conditions, shall be in writing addressed to the other party at the address specified in these Terms and Conditions or such other address as may have been notified pursuant to this provision to the party giving the notice. Such notices may be given by personal delivery, email or post.
9.6. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
9.7. These Terms and Conditions shall be governed by the laws of the State of New South Wales and the laws of the Commonwealth and the parties agree to submit to the non-exclusive jurisdiction of the courts of the New South Wales.
9.8. Kirana Colleges is a registered training organisation, as such it must comply with the Laws. You acknowledge that Kirana Colleges may be required to make changes to Courses (including units, learning materials and assessments), these Terms and Conditions and the Kirana Colleges Policies and Procedures from time to time.
9.9. If Kirana Colleges incurs any cost or expense in connection with exercising, or attempting to exercise, any of its rights pursuant to these Terms and Conditions or otherwise enforcing these Terms and Conditions, the amount of such cost and expense may be recoverable from you.
9.10. The singular includes the plural and vice versa and words importing a gender include any gender.
9.11. The word 'person' includes a firm, a partnership, a joint venture, a body corporate, an unincorporated association, any corporate or governmental body or any authority;
9.12. An Agreement, representation or warranty:
9.12.1. in favour of two or more persons is for the benefit of them jointly and severally; and
9.12.2. on the part of two or more persons binds them jointly and severally; and
9.13. A reference to:
9.13.1. a party includes the party’s executors, administrators, successors, substitutes (including parties taking by novation) and assigns;
9.13.2. a document includes any amendment, supplement, variation, replacement or novation of it;
9.14. Any Act, statute, regulation, proclamation, ordinance or by-law includes all Acts, statutes, regulations, proclamations, ordinances or by-laws varying consolidating or replacing them and a reference to any Act or statute includes all regulations, proclamations, ordinances and by-laws issued under that Act or statute.
9.15. A thing includes the whole and each part of it;
9.16. A group of persons includes all of them collectively, any two or more of them collectively and each of them individually;
9.17. The president of a body or authority includes any person acting in that capacity;
9.18. The word “includes” in any form is not a word of limitation;
9.19. No rule of construction applies to the disadvantage of Kirana Colleges because it prepared these Terms and Conditions.