Definitions
In these Terms and Conditions, the following defined terms have the meanings set out below:
ACL
means the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
Student Support Team
means the team of CertifyYou Pty Ltd representatives who support an applicant throughout their RPL journey, including via individual support calls, group calls, and other communication channels. Applicants are not assigned a single dedicated point of contact, and different Student Support Team members may assist at different stages of the process.
ASQA
means the Australian Skills Quality Authority, the national regulator for Australia’s vocational education and training (VET) sector.
Business Day means a day other than a Saturday, Sunday, or public holiday in the State or Territory in which CertifyYou Pty Ltd operates. Applicant / you / your means the individual engaging CertifyYou Pty Ltd’s RPL facilitation services under these Terms.
GAP Assessment
means an additional assessment required by an RTO to demonstrate competency in units not sufficiently evidenced through the RPL process.
National Register
means the national register of VET in Australia, accessible at training.gov.au.
RPL
means Recognition of Prior Learning, being the formal process by which an RTO assesses an applicant’s existing skills, knowledge, and experience against the requirements of a qualification.
RPL Enrolment Date
means the date on which the applicant is formally confirmed as enrolled in an RPL assessment pathway with the relevant RTO, as evidenced by the Enrolment Confirmation issued by that RTO. Where no such date is specified on the Enrolment Confirmation, the RPL Enrolment Date will be taken as the date the Enrolment Confirmation was issued.
RTO
means a Registered Training Organisation registered with ASQA or the relevant state-based VET regulator and authorised to issue nationally recognised qualifications within its approved scope of registration.
RPL Services
means the facilitation, coordination, and administrative support services provided by CertifyYou Pty Ltd to assist applicants through the RPL process, as described in clause 3.
CertifyYou Pty Ltd / we / our / us
means CertifyYou Pty Ltd (ABN: 24 667 705 160), a third-party RPL facilitation agency and not an RTO.
Terms
means these Terms and Conditions as amended from time to time.
1. Introduction
These Terms and Conditions set out the provision of Recognition of Prior Learning (RPL) services facilitated by CertifyYou Pty Ltd to the Applicant seeking nationally recognised qualifications issued by a Registered Training Organisation (RTO) in accordance with the Standards for RTOs 2025 (or their successor).
2. Background
2.1 Registered Training Organisations (RTOs) are authorised by ASQA to issue nationally recognised qualifications within their approved scope of registration.
2.2 One common pathway to attain a qualification involves enrolling in and completing a structured course delivered by an RTO. These courses are designed to equip learners with the knowledge and practical skills required to demonstrate competency in all units or components of a qualification.
2.3 Skills and knowledge are not exclusively acquired through formal education. Individuals often acquire substantial expertise through practical work experience, on-the-job training, and other informal learning methods. In many cases, this informal learning is equivalent to, or exceeds, the competencies expected of a qualification. RTOs may issue qualifications to individuals who, without completing a formal course, can provide sufficient evidence of their competence. This process is formally referred to as Recognition of Prior Learning (RPL).
2.4 RTOs have a duty to ensure that any applicant seeking a qualification through RPL genuinely meets all competency requirements across the relevant units. This is achieved through an assessment process that involves mapping the applicant’s existing skills and knowledge against the Unit of Competency requirements of the qualification. Applicants must produce a body of evidence that satisfies defined assessment criteria and standards.
3. Role of CertifyYou Pty Ltd in the RPL Process
3.1 Obtaining a qualification through RPL can be complex. Challenges may include:
identifying appropriate qualifications aligned with informal experience and training;
approaching an RTO to initiate the RPL process; and
gathering, structuring, and presenting the necessary evidence to demonstrate competence.
3.2 CertifyYou Pty Ltd supports applicants throughout the RPL process. While CertifyYou Pty Ltd is not an RTO, it acts as a facilitator of RPL Services. Its functions include:
establishing partnerships with RTOs that are open to assessing RPL applications;
interpreting RTO criteria for qualifications based on information provided by RTOs;
assessing whether, based on declared experience and training, an applicant is likely eligible for a qualification (subject to evidence);
assisting applicants in preparing, compiling, and organising supporting evidence of competency;
coordinating communication with RTOs;
coordinating any required Gap Training;
supporting applicants through the assessment process and appeal options, where available;
forwarding qualifications and supporting documents issued by RTOs upon successful assessment.
3.3 CertifyYou Pty Ltd’s RPL Services are provided based on:
information received from RTOs regarding the requirements for qualifications or Statements of Attainment; and
information provided by the applicant about their experience and training.
3.4 Any preliminary indication by CertifyYou Pty Ltd that an applicant may be eligible for a qualification is conditional on the assumption that their claimed experience can be evidenced.
3.5 Applicants acknowledge that RTOs conduct assessments independently, and CertifyYou Pty Ltd cannot guarantee any outcome or successful issuance of a qualification.
3.6 If CertifyYou Pty Ltd reasonably believes an applicant is unlikely to meet the assessment requirements for a qualification, it will not proceed with providing RPL Services and will not charge any service fees.
3.7 Transfer of Applicants Between RTOs
3.7.1 CertifyYou Pty Ltd is committed to acting in the best interests of applicants and maintaining the integrity and standards required under the ASQA framework.
3.7.2 CertifyYou Pty Ltd reserves the right, at its sole discretion and acting in good faith, to facilitate the transfer of an applicant from one RTO to another where it reasonably considers such transfer necessary to safeguard the applicant’s interests and/or to ensure compliance with applicable regulatory standards.
3.7.3 Circumstances in which CertifyYou Pty Ltd may initiate or propose such a transfer include, but are not limited to:
where an RTO fails to comply with applicable ASQA standards, guidelines, or regulatory requirements;
where an RTO is suspended, deregistered, disqualified, or otherwise restricted by ASQA or any relevant authority;
where an RTO ceases to offer, deliver, or assess the qualification or course in which the applicant is enrolled;
where there is a material risk to the applicant’s ability to complete the qualification within reasonable timeframes;
where there are concerns regarding the quality, integrity, or standard of assessment processes; or
any other circumstance which, in CertifyYou Pty Ltd’s reasonable opinion, may adversely impact the applicant’s progression, completion outcomes, or compliance with ASQA standards.
3.7.4 CertifyYou Pty Ltd will use reasonable endeavours to ensure that any transfer is managed with minimal disruption to the applicant and that all relevant information and documentation are appropriately coordinated between RTOs.
3.7.5 Applicants acknowledge and agree that such transfers may be necessary to protect their interests and to maintain compliance with regulatory standards, and consent to CertifyYou Pty Ltd facilitating such transfers where reasonably required.
4. Role of the Registered Training Organisation (RTO)
4.1 The nationally recognised qualification will be issued solely by an RTO registered with ASQA or the relevant registering body.
4.2 The RTO is solely responsible for conducting the final assessment of competency and for issuing qualifications in accordance with the applicable training package and legislation.
4.3 The applicant will be required to formally enrol with the RTO before any qualification is issued.
5. Role of Applicant
5.1 Applicants must act in good faith and must not submit any false, misleading, or deceptive information.
5.2 Applicants are responsible for determining whether they can meet the evidentiary and competency standards, particularly when this information is provided prior to enrolment.
5.3 Upon enrolment, applicants must:
provide 100 points of identification; and
supply their Unique Student Identifier (USI) if not already held.
5.4 All evidence and supporting documents must be submitted electronically unless advised otherwise and must not be plagiarised.
5.5 Applicants are also expected to:
cooperate fully in the evidence collection and RPL process;
provide timely and complete documents;
complete and sign all RTO forms;
disclose any previous enrolments or assessments with RTOs for the same qualification;
not misrepresent or falsify any information or documentation; and
respond promptly to further information requests during assessment.
5.6 Applicants may be required to authorise CertifyYou Pty Ltd to:
submit RPL applications on their behalf;
communicate with the RTO regarding their application; and
share and receive relevant information with and from the RTO.
6. Eligibility and Evidence
6.1 RPL is assessed based on the sufficiency, authenticity, currency, and relevance of the evidence provided by the applicant in relation to the qualification requirements.
6.2 Applicants must submit accurate, complete, and verifiable documentation, which may include but is not limited to:
certified copies of qualifications and academic transcripts;
employment references and position descriptions;
work samples, portfolios, and third-party reports;
licences or certifications;
statutory declarations or signed third-party statements of experience;
evidence of professional development, training, or workshops; and
other forms of supporting documentation as requested by CertifyYou Pty Ltd or the RTO.
6.3 All evidence provided must be in English or accompanied by a certified English translation.
6.4 CertifyYou Pty Ltd reserves the right to refuse to proceed with an RPL application if:
the evidence is insufficient to meet competency requirements;
the documents submitted are fraudulent, altered, or not authentic;
the information provided cannot be verified within a reasonable timeframe; or
the applicant fails to respond to reasonable requests for clarification or additional information.
6.5 The applicant acknowledges and accepts that a successful outcome of the RPL process is not guaranteed, and that the final decision rests solely with the RTO responsible for issuing the qualification.
7. Student Support and Scope
7.1 Upon enrolment, an applicant is supported by CertifyYou Pty Ltd’s Student Support Team throughout their RPL journey. Support is provided by a team of representatives, and may include individual support calls, group calls, and other communication channels.
7.2 CertifyYou Pty Ltd reserves the right to allocate, rotate, or reassign members of the Student Support Team as necessary.
7.3 CertifyYou Pty Ltd only facilitates applications to ASQA approved RTOs with which it has active working relationships and who agree to consider RPL applications.
7.4 If, after reviewing supporting evidence, CertifyYou Pty Ltd reasonably believes the applicant will not meet the RTO’s competency standards, it will notify the applicant and request additional evidence.
7.5 CertifyYou Pty Ltd will promptly inform the applicant and, where possible, provide details of alternative RTOs, if during the RPL process the nominated RTO:
ceases or is unable to continue operations;
alters its scope of registration and can no longer issue the sought qualification; or
ends its relationship with CertifyYou Pty Ltd.
8. GAP Assessments
8.1 During the RPL process, the RTO may request an applicant to complete an additional assessment to demonstrate competency. This process is referred to as a GAP Assessment.
8.2 As part of the GAP Assessment, the applicant may be required to:
attend additional interviews; and/or
complete skills demonstrations; and/or
complete other types of assessments, including online-based sessions.
8.3 Failure to complete the GAP Assessment may compromise the outcome of the RPL process.
8.4 If a missed appointment results in rescheduling, the applicant agrees to pay the associated fee, which will be the greater of $100 AUD or any pre-disclosed amount.
9. Limitation of Liability
9.1 CertifyYou Pty Ltd provides a facilitation service only and does not guarantee the outcome of your RPL application.
9.2 CertifyYou Pty Ltd is not liable for any decisions, actions, or omissions of any RTO.
9.3 We are not responsible for delays caused by incomplete documentation, RTO processing timeframes, or changes in regulatory requirements.
9.4 To the maximum extent permitted by law, CertifyYou Pty Ltd, its directors, officers, employees, contractors, and partners are not responsible for any loss, damage, costs, or claims arising directly or indirectly from the use of our services, including but not limited to lost income, lost savings, lost data, or additional costs, even if we were advised such losses could occur.
10. Confidentiality and Privacy
10.1 CertifyYou Pty Ltd complies with the Privacy Act 1988 (Cth) and will handle applicants’ personal information in accordance with our Privacy Policy.
10.2 Applicants’ information will only be shared with the relevant RTO or regulatory authorities as required by law or as necessary for the provision of services.
11. Termination of Contract
11.1 These Terms will remain in effect until terminated by either the applicant or CertifyYou Pty Ltd, as outlined below.
11.2 If you wish to terminate these Terms, you must provide CertifyYou Pty Ltd with a minimum of 10 days’ written notice via email to [email protected], clearly stating your intention to end the agreement. Your email must include your full name, contact information, application reference number (if applicable), and a brief explanation for the termination.
11.3 CertifyYou Pty Ltd will acknowledge receipt of your termination request in writing within a reasonable timeframe.
11.4 You are advised to retain a copy of your termination email and the acknowledgement from CertifyYou Pty Ltd for your records.
11.5 CertifyYou Pty Ltd may terminate these Terms at any time if you have breached, or are reasonably believed to be intending to breach, any provision of these Terms, or if termination is required by law. In such cases, CertifyYou Pty Ltd will provide 30 days’ written notice of termination.
11.6 Subject to applicable law, CertifyYou Pty Ltd reserves the right to suspend, restrict, or permanently revoke your access to all or part of its services at any time, without prior notice, if you breach these Terms, violate any applicable laws, engage in conduct that may damage CertifyYou Pty Ltd’s reputation, or infringe upon the rights of others.
12. Qualification Cancellations, RTO Regulatory Action, Post-Completion Liability and No Refund Policy
12.1 Nature of CertifyYou Pty Ltd’s Role
CertifyYou Pty Ltd (ABN: 24 667 705 160) operates exclusively as a third-party RPL facilitation agency. CertifyYou Pty Ltd is not an RTO and does not deliver training, conduct assessments, validate evidence, or issue qualifications, Statements of Attainment, or any Australian Qualifications Framework (AQF) certification documentation. All qualifications are issued solely by the partner RTO with whom the applicant is enrolled. CertifyYou Pty Ltd’s role is strictly limited to facilitation, coordination, and administrative support services as described in these Terms.
12.2 Enrolment in Good Faith
CertifyYou Pty Ltd facilitates applicant enrolments with RTOs that are, at the time of referral, registered and in good standing on the National Register and regulated by ASQA or the relevant state-based VET regulator. All referrals are made in good faith and in accordance with the information publicly available at the time of enrolment.
12.3 Qualification Cancellations — Force Majeure and Regulatory Action
To the maximum extent permitted by law, CertifyYou Pty Ltd expressly disclaims all liability arising from the cancellation, revocation, suspension, or non-recognition of any qualification issued by a partner RTO, including but not limited to:
any regulatory action taken by ASQA, a state or territory VET regulator, or any other competent authority against the partner RTO;
any finding by ASQA or a competent authority that the partner RTO has failed to meet the Standards for Registered Training Organisations 2025;
any audit outcome, compliance determination, sanction or enforcement action directed at the partner RTO;
any voluntary surrender of registration by the partner RTO; or
any other event beyond CertifyYou Pty Ltd’s reasonable control that results in a qualification becoming invalid, unrecognised or unacceptable to a licensing or regulatory authority.
12.4 No Liability for RTO Conduct or Compliance Failures
CertifyYou Pty Ltd has no authority over, and expressly accepts no responsibility or liability for, the internal operations, compliance systems, assessment practices, governance, or regulatory standing of any partner RTO.
12.5 No Refund of Facilitation Fees — Pre and Post Completion
The applicant expressly acknowledges and irrevocably agrees that CertifyYou Pty Ltd’s facilitation fees are earned upon the completion of facilitation services and are fully earned and non-refundable upon the issuance of the applicant’s qualification by the partner RTO.
12.6 Post-Completion — CertifyYou Pty Ltd’s Obligation Concludes at Completion
CertifyYou Pty Ltd’s facilitation obligations are fully and finally discharged upon the issuance of the applicant’s qualification by the partner RTO. As part of completion, CertifyYou Pty Ltd will disable the applicant’s access to the CertifyYou client portal following the issuance of the applicant’s qualification.
12.7 Post-Completion — Acknowledgement of Inherent Risk
The applicant expressly acknowledges that the cancellation of an RTO’s registration by ASQA, and the consequential impact on qualifications previously issued by that RTO, is an inherent and known risk of the Australian VET sector.
12.8 Applicant Acknowledgement
By engaging CertifyYou Pty Ltd’s facilitation services or signing these Terms, the applicant expressly acknowledges and irrevocably agrees that CertifyYou Pty Ltd acts solely as a facilitation intermediary and has no control over the regulatory compliance of any partner RTO.
12.9 Indemnity
To the maximum extent permitted by law, the applicant agrees to indemnify, defend, and hold harmless CertifyYou Pty Ltd, its directors, officers, employees, agents, and representatives from and against any claims, demands, actions, losses, damages, costs, and expenses (including legal fees on a solicitor-client basis) arising out of or in connection with any claim relating to regulatory action taken against a partner RTO.
12.10 Australian Consumer Law Savings Provision
Nothing in this clause excludes, restricts, or modifies any right or remedy the applicant may have under the Australian Consumer Law or any other applicable consumer protection legislation that cannot lawfully be excluded, restricted, or modified.
13. Fees
13.1 CertifyYou Pty Ltd will disclose all applicable service fees prior to the commencement of services.
13.2 Fees paid to CertifyYou Pty Ltd cover the RPL facilitation process only and do not guarantee the issuance of a qualification.
13.3 Any fees paid to the issuing RTO are subject to that RTO’s separate terms and conditions.
13.4 Fees for our services are subject to change without prior notice.
13.5 CertifyYou Pty Ltd shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.
14. Refund Policy
14.1 Refunds may be available in accordance with this Refund Policy, provided upon written request.
14.2 A deposit or fee will only be refunded under the following conditions:
a) Subject to clause 11.2, an applicant may withdraw from services by providing written notice to [email protected] within 72 hours of the RPL Enrolment Date and prior to the submission of their application for assessment to the RTO. No refund will be available for any withdrawal notified after that period, as facilitation services will be considered actively underway and fees fully earned; or
b) An assessor from the RTO reviews your submitted information and supporting documentation and determines that the RTO is unable to issue you with a qualification; or
c) You are entitled to a refund under the ACL; or
d) CertifyYou Pty Ltd elects to terminate these Terms under clause 11.
14.3 In all other circumstances, all deposits and fees paid are non-refundable. If you do not provide the requested information and documentation within one month of your RPL Enrolment Date and have not submitted a refund request, the deposit or fee will be deemed forfeited and retained by CertifyYou Pty Ltd.
14.4 Once the one-month period from your RPL Enrolment Date has lapsed, the deposit or fee is forfeited and no longer eligible for a refund.
14.5 Early Withdrawal Cutoff. The right to withdraw under clause 14.2(a) expires 72 hours after the RPL Enrolment Date. After that point, the applicant’s enrolment is confirmed, facilitation services are considered actively underway, and fees are fully earned. No withdrawal or refund will be accepted on any other grounds except as expressly provided in this clause 14.
14.6 CertifyYou Pty Ltd reserves the right to decline any refund request where regulatory changes affect CertifyYou Pty Ltd and/or any RTO issuing qualifications to the applicant.
14.7 All valid refunds will be processed within 14 business days of receipt of a written refund request.
14.8 Compassionate Grounds. CertifyYou Pty Ltd may, at its sole discretion, consider refund requests on compassionate grounds, including but not limited to serious illness or bereavement. Such requests must be submitted in writing to [email protected] with supporting documentation. The granting of any compassionate refund is entirely at CertifyYou Pty Ltd’s discretion and does not create an obligation to grant similar requests in future.
14.9 Chargebacks and Payment Disputes. The applicant agrees to resolve any dispute regarding fees or charges through the complaint and appeal process set out in clause 15 before initiating any chargeback, payment reversal, or external dispute resolution process with their financial institution or payment provider. Where a chargeback is initiated without first exhausting the internal complaints process, CertifyYou Pty Ltd reserves the right to recover any costs incurred as a result, including administrative and legal costs.
14.10 Overpayments and Administrative Errors. Where a payment has been made in error or results in an overpayment, CertifyYou Pty Ltd will refund the excess amount in full within 14 business days of confirming the error. Such refunds do not affect the applicant’s enrolment status or obligations under these Terms.
15. Complaint and Appeal Process
15.1 If you are dissatisfied with a refund decision made by CertifyYou Pty Ltd, you have the right to lodge a complaint or appeal.
15.2 To submit a complaint or appeal, send an email to [email protected] with the subject line “Refund Complaint” or “Refund Appeal”, clearly outlining your concerns or reasons for appeal.
15.3 Complaints and appeals must be submitted within 10 business days of receiving the refund decision.
15.4 CertifyYou Pty Ltd will acknowledge receipt within 5 business days and provide a formal response within 10 business days.
15.5 All complaints and appeals will be handled in a fair, transparent, and timely manner. You may be asked to provide additional supporting documentation.
15.6 If your appeal is successful, any applicable refund will be processed within 14 business days of the decision.
15.7 If you are not satisfied with the outcome of your appeal, you may escalate your concern to the relevant regulatory authority or external dispute resolution body.
16. Changes to Terms
CertifyYou Pty Ltd reserves the right to amend these Terms and Conditions at any time. Updated versions will be made available on our website. It is your responsibility to check our website periodically for changes.
17. Governing Law
These Terms and Conditions are governed by the laws of the State or Territory in which CertifyYou Pty Ltd operates, and you agree to submit to the jurisdiction of the courts of that State or Territory.
18. Acceptance of Terms
By engaging CertifyYou Pty Ltd’s services, applicants acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions.
19. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the remainder of the Terms shall continue in full force and effect.
20. Use of Artificial Intelligence in Verification Processes
20.1 CertifyYou Pty Ltd may utilise artificial intelligence (AI) tools and automated systems to assist in the general verification, review, and processing of applicant information, documentation, and evidence submitted as part of the RPL facilitation process.
20.2 AI-assisted verification is used as a supplementary tool only and does not replace the assessment judgment of the relevant RTO. All final competency assessments and qualification decisions remain the sole responsibility of the issuing RTO.
20.3 To the maximum extent permitted by law, CertifyYou Pty Ltd, its directors, officers, employees, contractors, agents, and representatives shall not be liable for any loss, damage, error, omission, or adverse outcome arising directly or indirectly from the use of AI tools in the verification or processing of applicant information, including but not limited to:
inaccuracies or errors generated by AI systems in reviewing documentation;
delays caused by AI processing; or
any decision made in reliance on AI-assisted outputs.
20.4 Applicants acknowledge and accept that AI tools may be used in this manner and consent to their information being processed by such systems as part of CertifyYou Pty Ltd’s facilitation services.
20.5 Nothing in this clause excludes any rights the applicant may hold under the Australian Consumer Law that cannot lawfully be excluded.
21. Notices
21.1 Any notice, request, or other communication required or permitted to be given under these Terms must be in writing and sent by email.
21.2 Notices to CertifyYou Pty Ltd must be sent to [email protected]. Notices to the applicant will be sent to the email address, or, where applicable, the CertifyYou client portal account, provided by the applicant at enrolment.
21.3 A notice sent by email is deemed received on the day it is sent, provided it is sent before 5:00pm (in the time zone of the State or Territory in which CertifyYou Pty Ltd operates) on a Business Day. A notice sent on a day that is not a Business Day, or after 5:00pm on a Business Day, is deemed received on the next Business Day.
21.4 It is the applicant’s responsibility to ensure their contact details are current and to promptly notify CertifyYou Pty Ltd of any change. CertifyYou Pty Ltd is not responsible for any failure to receive a notice caused by outdated or incorrect contact details.
21.5 This clause governs how notices are validly given and received. It does not alter any timeframe expressly set out elsewhere in these Terms (for example, the 72-hour withdrawal window in clause 14.2(a)), which is calculated from the event specified in that clause.
