These terms and conditions and student policy (Conditions) as varied from time to time by Learning Online apply to the supply of Courses by Learning Online to the Student.
The Student agrees that the Conditions apply to and form the terms on which the supply of Courses (whether or not, but including, pursuant to a Contract) shall proceed. The Conditions apply to the exclusion of and supersede all other discussions, negotiations, warranties proposals or agreements concerning the supply of Courses except and to the extent that Learning Online otherwise agrees in writing.
Any terms or conditions that are specific to a Course in which a Student is Enrolled shall form part of these Conditions. In the event of any inconsistency between such terms and conditions and these Conditions, then such terms and conditions shall prevail,
These Conditions may be revised or updated by Learning Online at any time by publishing revised or updated Conditions on its Website, which revised or updated Conditions shall be binding on the Student from the time of publication on the aforementioned website. The Student should check the website regularly for the most up to date version of the Conditions.
1.1 In the Conditions, unless the context requires otherwise:
(a) Learning Online means Learning Online New Zealand Limited NZBN: 9429048476980;
(b) Authorisation means any licence, consent, approval, permit, registration, accreditation, certification or other authorisation given or issued by any Authority that is necessary for Learning Online to supply Courses.
(c) Authority means any government or local authority and any department, minister or agency of any government, and any other authority, agency, commission or similar entity having powers or jurisdiction under any law or regulation.
(d) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Auckland, New Zealand.
(e) Certificate means a document or other notification confirming that the Student has successfully completed a Course.
(f) Contract means an agreement between the Student and Learning Online for the supply of Courses by Learning Online to the Student.
(g) Course means an educational course provided or made available to Students by Learning Online from time to time.
(h) Course Fee means the fee charged by Learning Online to the Student for supplying a Course or Courses.
(i) Enrol and Enrolment means the act by the Student of entering into a Contract with, or otherwise agreeing to accept the supply of a Course or Courses by, Learning Online.
(j) Force Majeure Event means an act of God, war, natural disaster (such as an earthquake, hurricane or volcano event), pandemic, terrorism, strike, embargo or unavailability of supply of products or services by Learning Online’s suppliers for reasons that are outside of the control of Learning Online that has a material and adverse impact on the Learning Online’s ability to supply Course to the Student.
(k) GST means the Goods and Services Tax as defined in Goods and Services Tax Act 1985. “GST Act” and “GST Law” also has direct reference to this Act.
(l) Intellectual Property means all intellectual property any any type or nature whatsoever involved in or associated with the provision of the Course by Learning Online to the Student, including but not limited to Intellectual Property in any Course content, documents and resources.
(n) Security Interest means any:
(i) security interest under the PPSA or security for payment of money, performance of obligations or protection against default (including retention of title arrangement, charge, lien, right of set-off); and
(ii) thing or preferential interest or arrangement of any kind giving a person priority or preference over claims of other persons or creditors with respect to any property or asset,
and includes any agreement to create any of them or allow them to exist.
(o) Student means any person who Enrols in a Course or Courses.
(p) Website means https://www.elearningonline.co.nz or such other website(s) as Learning Online may maintain from time to time.
2. Enrolment, Cooling Off, Transfers, Deferrals and Cancellation
2.1 Learning Online may from time to time make Courses available to prospective Students. Learning Online reserves the rights to:
(a) withdraw any Courses from availability; and
(b) to cancel any Course or Courses in which the Student has Enrolled in the event that Learning Online determines in its absolute discretion is or are not financially viable to proceed with, whether or not such Course or Courses has or have commenced. If a Course is cancelled in accordance with this clause then Learning Online shall refund to the Student the Course Fee actually paid by the Student as at the date of such cancellation and otherwise without penalty.
2.2 Unless otherwise agreed by Learning Online, Students must be at least 18 years old (or have the consent and support of a parent, family member, or household member whom is over 18) and a New Zealand resident in order to be eligible to Enrol in a Course. Learning Online shall be entitled to reject any application for Enrolment that does not meet such requirements. Special consideration may be given upon request, acceptance of which will be at the complete discretion of Learning Online.
2.3 The Student shall be accepted into a Course, and a Contract shall be formed between Learning Online and the Student, upon Learning Online notifying the Student that the Student’s application for Enrolment in the Course has been accepted by Learning Online.
2.4 The Student must apply to Enrol in a Course in such manner as Learning Online directs. Any failure or refusal to Enrol in such manner may result of Learning Online refusing to accept the Student’s application for Enrolment or cancel any such Enrolment.
2.6 The Student must immediately advise Learning Online of any changes to any information provided by the Student to Learning Online (whether pursuant to clause 2.5 or otherwise).
2.7 The Student warrants to Learning Online that all information provided by the Student to Learning Online is true and correct.
2.8 The Student may withdraw from any Enrolment by notification in writing by email within 7 days of completion of Enrolment, in which case Learning Online shall refund to the Student the Course Fee actually paid by the Student as at the date of such withdrawal.
2.9 With the consent of Learning Online (which consent Learning Online may refuse to give in its absolute discretion), the Student may within 14 days of Enrolment in a Course decide to cancel its enrolment in a course and apply for Enrolment in a different Course. The Course Fee payable by the Student in such a situation shall be the greater of the Course Fee for the cancelled Course and the Course Fee for the replacement Course. Learning Online further reserves the right to charge to the Student a reasonable administration fee to covers it costs associated with the change of Enrolment.
2.10 Access to Course content will be provided upon successful completion of Enrolment. The duration of access to Course content varies from Course to Course, details of which shall be provided as part of the Course content but is typically between 12 and 24 months depending on the Course. The Student is expected to complete the Course within the duration of access to Course content and may be denied access to the Course content at the expiry of duration in which case the Student will not be entitled to any refund of Course Fees or any of the benefits associated with completing the Course.
2.11 Subject to clause 2.8, a Contract once entered into or Enrolment once accepted may be cancelled by the Student only if Learning Online consents in writing (which consent may be given or withheld in Learning Online’s absolute discretion). If Learning Online consents to the cancellation of a Contract or Enrolment, then unless otherwise agreed in writing, the Student indemnifies Learning Online against all loss, damage and costs or expenses of any kind suffered or that may be suffered by the Student arising directly or indirectly from the cancellation of a Contract.
2.12 Learning Online does not warrant or guarantee to the Student, and the Student acknowledges that:
(a) Completion or non-completion of the Course will lead to or result in any satisfactory employment or business outcomes for the Student; or
(b) The Course content will be to the Student’s liking or satisfaction.
3. Course Fees
3.1 By Enrolling in a Course (including but not limited to by entering into a Contract), the Student agrees to pay the Course Fee payable for such Course to Learning Online in such amount and in such manner as is determined by Learning Online and notified to the Student during Enrolment. In the absence of anything to the contrary, Course Fees are payable in full immediately upon the completion of Enrolment. The Student is obliged to ensure at all times that it is financially capable of paying all Course Fees as and when they fall due for payment.
3.2 Learning Online may (but is not obliged to) offer a payment plan to the Student with respect to the payment of Course Fees. The Student must strictly abide by the terms of any payment plan agreed between Learning Online and the Student. Learning Online shall be entitled to assign, novate or transfer its rights and obligations under any payment plan so agreed to a third party without the consent of the Student. The Student must not assign, novate or transfer any of its rights and obligations under a payment plan so agreed without the written consent of Learning online.
3.3 Learning Online may (including as an alternative to offering a payment plan pursuant to clause 3.2) recommend to the Student a range of third party finance providers to provide financing options to assist the Student with paying the Course Fee. Any arrangement or agreement concerning the financing of Course Fees is strictly between the Student and such third party finance provider and does not impact on, negative or reduce the Student’s obligation to pay the Course Fees strictly in accordance with these Conditions. Learning Online does not and shall not retain or hold any information concerning any arrangements or agreements entered into between the Student and any third party finance provider.
3.4 Learning Online makes no representations, promises or warranties as to the suitability of any financing options to the Student and the Student hereby waives and releases Learning Online from and further indemnifies Learning Online against any loss, cost or expense that learning Online may suffer of incur in connection with the Student deciding to enter into an arrangement with a third party finance provider in relation to the payment of the Course Fee.
3.5 Learning Online reserves the right to cancel or suspend the Student’s participation in a Course and to cease supply of Course content to the Student without notice if the Student fails to pay any Course Fees by the due date for payment.
3.6 The Student shall not be entitled to the refund or repayment of any amounts (including but not limited to Course Fees) paid by it to Learning Online except in accordance with these Conditions or otherwise in the absolute discretion of Learning Online.
3.7 Learning Online reserves the right to charge interest on any overdue amounts payable by the Student
3.8 The Student must immediately notify Learning Online in the event of any issue, problem or difficulty in meeting its obligations with respect to a Contract, including but not limited to any anticipated inability to pay Course Fees or any other amounts on time. Learning Online may, and without otherwise affecting its rights under these Conditions, at its election cancel a Contract in whole or in part in response to such a notice.
4. Course Assessment and Completion
4.1 Course requirements, Student work performance and obligations and assessment criteria and timing varies from Course to Course and:
(a) where applicable or relevant, shall be notified to the Student at the time of Enrolment or during the Course;
(b) forms part of these Conditions upon notification to the Student.
4.2 The Student shall be issued with a Certificate upon successful completion of a Course, which shall be issued electronically unless the Student requests a hard copy which shall be issued upon payment of the applicable fee. Learning Online reserves the right to delay the issue a Certificate if the Student is or remains in default under these Conditions (including but not limited to in relation to the payment of any amounts payable to Learning Online) in any respect until such time as the Student remedies such default.
4.3 Courses are designed to be completed within set timeframes, which depend on the Course.
4.4 If the Student requires more time to complete a Course, it may apply to Learning Online for an extension of up to 12 months Learning Online must not unreasonably refuse any request for an extension if the extension request is for more than 1 month and is the first extension request made by the Student. Otherwise, Learning Online may refuse to grant any extension request in its absolute discretion. Any extension is subject to the Student having paid all Course Fees due and owing at the time of the extension request and also paying any applicable extension fee.
4.5 A Course shall be deemed to have been abandoned if the Student has not completed the Course or paid the Course Fee in full by the due date for completion (plus any extension period) and the Course content will no longer be accessible.
5. Intellectual Property
5.1 All Intellectual Property remains the property of Learning Online and/or its suppliers and vendors (as applicable).
5.2 The Student must:
(a) at all times keep all Intellectual Property made available to it private and confidential; and
(b) use the Intellectual Property solely for the purpose of completing the Course.
5.3 The Student must not:
(a) assert any ownership or other interest in or to or exploit, modify or develop any of the Intellectual Property;
(b) copy or reproduce the Intellectual Property without the written consent of Learning Online;
(c) share or make the Intellectual Property available to or accessible by any third party;
(d) do anything that will or may damage, jeopardise the ownership of or bring into disrepute or question.
5.4 The Student acknowledges that the Intellectual Property is integral to the business of Learning Online. Failure to comply with the Student’s obligations under this clause 5 shall entitle Learning Online to cancel the Student’s Enrolment and/or terminate any Contract with immediate effect by notice to the Student.
6. Student Conduct and Behaviour
6.1 Learning Online may publish on its Website any code of conduct or other policies concerning Student conduct and behaviour. The Student is obliged to familiarise itself with any such code or policy and abide same.
6.2 Without limitation to the aforesaid, in its dealings with other students and Learning Online personnel, the Student must at all times:
(a) behave in a courteous, fair-minded and non-disruptive manner; and
(b) not engage in any conduct that is abusive, unreasonable, discriminatory or threatening or which amounts to harassment or stalking.
6.3 Plagiarism is not tolerated. Students must ensure that all work submitted is their own work, written in their own words. If Learning Online reasonably believes that any work submitted by the Student is plagiarised or not completed solely by the Student, Learning Online reserves the right to:
(a) Require the Student to re-submit the relevant work;
(b) refuse to issue any Certificate; or
(c) if the plagiarism is excessive or repeated, cancel the Student’s Enrolment and/or Contract without penalty.
7. Complaint, Feedback and Dispute Resolution
7.1 The Student is encouraged to provide feedback on the Course and their learning experience. Feedback may be used for marketing purposes. If a student does not wish their feedback to be used in this way, they should advise Learning Online.
7.2 Any complaints must be made in writing and submitted to [email protected]
7.3 Learning Online shall endeavour to, but shall not be liable to, respond to and resolve any complaint with 10 Business Days.
7.4 In the event that a complaint cannot be resolved or other dispute arises (other than a dispute concerning the payment of any amounts payable by the Student to Learning Online in accordance with these Conditions), then either the Student or Learning Online must first invoke the dispute resolution procedure set out below before taking any other action.
7.5 The dispute resolution procedure shall be invoked by the disputing party sending a notice in writing to the non-disputing party that it is invoking the dispute resolution procedure and stating the nature of the dispute.
7.6 Upon the dispute resolution procedure being invoked, the parties must meet (by either telephone call or video conference call) within 10 Business Days on the date of invocation and endeavour to resolve the dispute. Either party may be accompanied at such meeting by a maximum of 2 support people.
7.7 If the dispute cannot be resolved at the dispute resolution meeting, then either party may thereafter take such action with respect to the subject matter of the dispute as it considers appropriate.
8.1 If at any time the Student is in breach of a Contract or these Conditions, Learning Online may issue a notice to the Student setting out details of the default and requiring the Student to remedy such default within a period of not less than 14 days from the date of the default.
8.2 If the Student fails to comply with a notice issued in accordance with clause 8.1, Learning Online may at its election by further notice to the Student:
(a) suspend the supply of any Courses to the Student until such time as the Student remedies all applicable breaches; and/or
(b) cancel any Course or Contract which remains unfulfilled.
8.3 Notwithstanding clauses 8.1 and 8.2, Learning Online may:
(a) suspend the supply of any Courses to the Student including any Website access or tutor services; and/or
(b) cancel any Course or Contract which remains unfulfilled,
by notice in writing to the Student with immediate effect if Learning Online determines in its opinion that:
(c) the Student has provided any false or misleading information to Learning Online as part of its Enrolment;
(d) the Student is not at least 18 years old or a New Zealand Resident;
(e) the Student behaves in a way towards other students or Learning Online personnel that Learning Online (in its discretion) considers to be egregiously inconsistent with its policies concerning Student conduct and behaviour or which conduct is repeated despite request from Learning Online to cease such conduct.
8.4 Learning Online shall be entitled to recover from the Student, and the Student indemnifies Learning Online against, all costs, loss and damage suffered or incurred by Learning Online (including recovery agent fees and legal costs on an indemnity basis) in connection with any breach of a Contract or these Conditions.
9. Force Majeure Events
9.1 If a Force Majeure Event occurs:
(a) the Student shall not be relieved from its obligations under a Contract or with respect to an Enrolment except as provided for in this clause 9;
(b) Learning Online may, at its option:
(i) suspend any Course affected by the Force Majeure Event, for a period of up to 12 months or until the Force Majeure Event has abated (whichever is earlier); or
(ii) if the Force Majeure Event has not abated after the end of any period of suspension, cancel the Contract(s) or Enrolment(s) affected by the Force Majeure Event, in which event any applicable Course Fees shall be supplied as a credit against future Course enrolment(s) by the Student
10. Limitation of Liability
10.1 The Student agrees to the maximum extent lawfully permissible that if Learning Online breaches the Conditions or any applicable law, then the Student’s remedy is limited to (at Learning Online’s election):
(a) The re-supply of any Course in which the Student was Enrolled; or
(b) Refund of the Course Fees for any Course in which the Student was Enrolled.
10.2 Learning Online disclaims all liability whatsoever for:
(a) any consequential or indirect loss and/or expense (including loss of profit) the Student suffers or may suffer; and
(b) any unlawful or negligent conduct of Learning Online’s suppliers, agents or contractors.
11.1 If any provision of the Conditions is illegal or unenforceable this does not affect the remaining provisions.
11.2 Learning Online is entitled to assign any or all of its rights under these Conditions, and any Enrolment or Contract, by notice to the Student. The Student is not entitled to assign any of its rights or obligations under these Conditions or under any Enrolment or Contract without the consent of Learning Online, which Learning Online may withhold in its absolute discretion.
11.3 Time is of the essence with respect to the performance of the Student’s obligations under these Conditions and under any Contract.
11.4 The Conditions and any Contract shall be construed and applied in accordance with the laws of New Zealand and are subject to the exclusive jurisdiction of the courts of New Zealand.
11.5 Learning Online reserves the right to vary or amend the Conditions at any time, and any variation or amendment will take effect with respect to Contracts entered into from the date the Student is notified.
12.1 By accepting these Conditions, the Student acknowledges, agrees and warrants that it:
(a) Has read and understood these Conditions and any documents provided by Learning Online during the Enrolment Process (including any Student code of conduct or Student behavioural policy published on the Website);
(b) Understands that by signing these Conditions and having its Enrolment accepted, it is entering into a binding Contract with Learning Online;
(c) Subject to clause 2.2 is over the age of 18 and a New Zealand resident and can provide evidence of same on request;
(d) Has reliable access to a stable, virus-free computer or laptop and a reliable internet connection;
(e) Does not have any medical, physical or behavioural conditions that would prevent it from completing the Course or abiding with these Conditions that it has not disclosed to Learning Online;
(f) Has disclosed all relevant information in the course of applying for Enrolment.