Prior To Use of the Express Online Training Website
Warning On Use of Express Online Training Materials
Your use of this website is at your own risk and we give no warranties on the correct completion of the courses. If you use the materials provided on this website Incorrectly, you may suffer adversely: you may not get the document you wanted or the outcome you desired.
Amendment of Terms
Express Online Training reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms every time you use the website and only if you accept these terms should you proceed to access and use the features on the website. We will try to highlight any significant or substantive changes to you where possible but it is your responsibility to read the terms each time you use our site.
Consult Your Legal Adviser
The law is different in each jurisdiction of Australia. If you are unsure as to any of the terms, course accreditations, or any of the information or how it applies to your specific circumstances then you should consult your legal adviser (solicitor, barrister, paralegal etc).
Limitation of Liability
It is an essential pre-condition to you using Express Online Training's website that you agree and accept that
Express Online Training is not legally responsible for any loss or damage you might suffer related to your use of the website, howsoever arising. Your use of this website is at your own risk. If you use the materials provided on this website incorrectly, you may suffer adversely: you may not get the certificate you wanted or the outcome you desired.
Competition and Consumer Act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1., Subdivision A of the Competition and Consumer Act 2010 (Cth),
Express Online Training's liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
Links To Other Websites and Information
Express Online Training may from time to time provide on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Express Online Training and the owners of those websites. Express Online Training takes no responsibility for any of the content found on the linked websites. Express Online Training's website may contain information provided by third parties for which Express Online Training accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are not providing any advice nor do we take any responsibility for any advice or other goods or services purchased or received by you from those third parties in this regard, for which the third party shall be wholly responsible to you.
Express Online Training absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Express Online Training gives no warranty that that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, Express Online Training does not warrant or make any representations regarding the use or the result of the use of any document, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of Express Online Training to bear any entire costs of servicing, repairs, or correction. The applicable law in your exclusive jurisdiction may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this site. It is your responsibility to do so.
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and Express Online Training that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.
Exclusion of Competitors
If you are in the business of creating documents for the purpose of providing them for a fee to users, whether they be business users or domestic users then you are a competitor of Express Online Training.
Express Online Training expressly excludes and does not permit you to use or access its website, to download any documents or information from this website or obtain any such documents or information through a third party. If you breach this term then Express Online Training will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Express Online Training reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
Copyright, Trademark and Restriction of Use
You are not permitted to reproduce the documents, information or materials on the Express Online Training website for the purposes of sale or the use by any third party. In particular you are not permitted to
republish, upload, transmit electronically or otherwise or distribute any of the documents that you download from this website. You are permitted to download a copy of the documents and retain them on computers used in your business or at home for any legitimate or proper purpose of conducting your
business or personal affairs. Additionally, you are not permitted to use any trademarks, trade names,
graphics, or designs on our website. Express Online Training expressly reserves all copyright and trademark in
this website and in all documents and information on this website and reserves the right to take action
against you if you breach any of these terms.
All products on Express Online Training are non-transferrable and are not for commercial use. You may buy
them for your own individual use and use them as many times as you like but you may not give them to
your friends, use them on behalf of other people or combine them for use with any other product or
service you may be offering.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any
jurisdiction then such a clause shall not apply in that jurisdiction and shall be deemed never to have been
included in these terms -and conditions in that jurisdiction. However, if any clause above is legal and
enforceable in any other jurisdiction, it shall continue to be fully enforceable and part of this agreement in
those other jurisdictions. Any deemed exclusion of any term pursuant to this paragraph shall not affect or
modify the full enforceability and construction of the other clauses of these terms and conditions.
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Verifying Your USI
Express Online Training (EOT) can provide accredited training services to people from Australia and any other country as long as they are not considered to be an "Overseas Student".
An “Overseas Student” is defined in the ESOS Act 2000 as a person (whether inside or outside Australia) who holds a student visa (as defined in regulation 1.03 of the Migration Regulations 1994).This includes the following subclasses of visa:
a Subclass 500 (Student) visa;
a Subclass 570 (Independent ELICOS Sector) visa;
a Subclass 571 (Schools Sector) visa;
a Subclass 572 (Vocational Education and Training Sector) visa;
a Subclass 573 (Higher Education Sector) visa;
a Subclass 574 (Postgraduate Research Sector) visa;
a Subclass 575 (Non Award Sector) visa;
a Subclass 576 (Foreign Affairs or Defence Sector) visa.
“Overseas Students” can only be trained by training organisations who are registered on CRICOS as specified in Section 8 of the ESOS Act. EOT is not registered on CRICOS and have no plans to register on CRICOS in the future.
Any student who is not an Australian citizen must have their visa status verified before they can enrol in an accredited course. This check requires the submission of the student’s passport/immiCard number and country of issuance, which is then verified automatically using the Department of Immigration and Border Protection VEVO system.
All staff and learners are expected to maintain high standards of academic honesty and integrity.
General misconduct is where a learner acts dishonestly, harasses other learners or staff, interferes with students or staff, prevents or disrupts the learning of others, disobeys/fails to comply with contractual or legal requirements, damages or steals EOT property or Intellectual Property (IP) or the property of others, alters, defaces or improperly accesses EOTs documents or records, prejudices the reputation of EOT or otherwise acts in an improper manner.
General misconduct includes the misuse of any facility in a manner which is illegal or which is or will be detrimental to the rights or property of others. This includes the misuse, in any way, of any computing or communications equipment or capacity to which the learner has access.
Academic misconduct is defined as any attempt to cheat, falsify, plagiarise or otherwise act dishonestly in undertaking an assessment task, or assisting other learners to do so. This includes any attempt to gain advantage from unauthorised possession or use of EOTs learning or assessment materials or other intellectual property.
Learners may be accused of cheating if they seek to gain advantage by unfair means such as copying another students’ work, or in any way mislead or deceive a trainer/assessor about their knowledge, identity, ability, or the amount of original work they have done. Cheating can include collusion or plagiarism or any other method of presenting the work of another person without acknowledgment or referencing.
Cheating may also include breaching any process for undertaking assessment tasks, compromising the assessment activities of other learners, or impersonating a learner or facilitating a person to impersonate a learner in any assessment activity.
Any attempt or conspiracy to attempt academic misconduct is still academic misconduct, regardless of whether or not the attempt was successful.
For the purpose of assessment preparation and submission, learners are not permitted to work in collaboration with others.
Any person accused of misconduct are regarded as innocent of the alleged misconduct until they have either admitted to it or been found by proper inquiry to have so behaved.
Where general or academic misconduct has occurred by a learner, EOT will take disciplinary action. This action may include, but is not limited to:
A formal caution being issued;
A requirement to re-sit an assessment or undertake additional assessment, at additional cost to the leaner;
Cancellation of enrolment regardless of progress;
Exclusion from future enrolment with EOT, and/or
Report incidents that are not compliant with EOT’s Academic Conduct Policy to the appropriate regulator, where required by regulations or licensing conditions.
Learners are notified in writing of penalties as a consequence of any misconduct. The grounds for appeal are:
Procedural irregularities, and/or
Factual errors on which the decision was based and which were of such magnitude as to invalidate the decision.
Appeals must be lodged in writing with the Training Operations Manager by writing to email@example.com within 20 days of the date of the learner being notified of the penalty. The appeal process commences within 10 working days from the date of receipt of the learner’s appeal.
The process for making an appeal depends on the nature of the alleged misconduct and may require one or more of the following:
A written statement
A statutory declaration
Evidence disputing the charge of misconduct
In the event that a learner has engaged in academic misconduct or general misconduct and the penalty includes cancellation of enrolment resulting in the learner being unable to receive the unit of competency, and/or exclusion from other EOT courses, EOT will review the offence to determine if there are grounds for a refund.
Whether or not a refund is granted is at the discretion of EOT. A decision will be made in line with EOT’s Refund Policy. If a refund is granted, EOT will deduct an administration fee from the refund amount for time and resources used in providing administrative support services to the learner.
The administration fees for such a refund are calculated as follows (current 01/07/2017):
Base fee of AUD $15 including GST for the refund of a single course.
An additional fee of AUD $5 including GST for the refund of any additional courses into which the learner may be enrolled.