1. Introduction
These Terms and Conditions set out the provision of Recognition of Prior Learning (RPL) services facilitated by Certifyou Pty Ltd (“Certifyou”, “we”, “our”, or “us”) to the applicant (“you”) 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 the Australian Skills Quality Authority (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 However, 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 recognise and assess the existing skills and knowledge of an applicant and 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 with the Unit of Competency of the qualification. Applicants must produce a body of evidence that satisfies defined assessment criteria and standards.
3. Role of Certifyou in the RPL Process
3.1 Obtaining a qualification through RPL can be complex for applicants. Challenges may include:
(a) Identifying appropriate qualifications aligned with their informal experience and training; (b) Approaching an RTO to initiate the RPL process; and (c) Gathering, structuring, and presenting the necessary evidence to demonstrate competence.
3.2 Certifyou supports applicants throughout the RPL process. While Certifyou is not an RTO, it acts as a facilitator of RPL Services. Its functions include:
(a) Establishing partnerships with RTOs that are open to assessing RPL applications; (b) Interpreting RTO criteria for qualifications based on information provided by RTOs; (c) Assessing whether, based on declared experience and training, an applicant is likely eligible for a qualification (subject to evidence); (d) Assisting applicants in preparing, compiling, and organising supporting evidence of competency; (e) Coordinating communication with RTOs; (f) Coordinating any required Gap Training; (g) Supporting applicants through the assessment process and appeal options, where available; (h) Forwarding qualifications and supporting documents issued by RTOs upon successful assessment.
3.3 Certifyou RPL Services are provided based on:
(a) Information received from RTOs regarding the requirements for qualifications or Statements of Attainment; and (b) Information provided by the applicant about their experience and training.
3.4 Any preliminary indication by Certifyou 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 Certifyou cannot guarantee any outcome or successful issuance of a qualification.
3.6 If Certifyou reasonably believes an applicant is unlikely to meet the assessment requirements for a qualification, it:
(a) will not proceed with providing RPL Services; and (b) will not charge any service fees.
3.7 Transfer of Applicants Between RTOs
3.7.1 Certifyou is committed to acting in the best interests of applicants and maintaining the integrity and standards required under the ASQA framework.
3.7.2 Certifyou 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 Certifyou may initiate or propose such a transfer include, but are not limited to:
(a) where an RTO fails to comply with applicable ASQA standards, guidelines, or regulatory requirements; (b) where an RTO is suspended, deregistered, disqualified, or otherwise restricted by ASQA or any relevant authority; (c) where an RTO ceases to offer, deliver, or assess the qualification or course in which the applicant is enrolled; (d) where there is a material risk to the applicant’s ability to complete the qualification within reasonable timeframes; (e) where there are concerns regarding the quality, integrity, or standard of assessment processes; or (f) any other circumstance which, in Certifyou’s reasonable opinion, may adversely impact the applicant’s progression, completion outcomes, or compliance with ASQA standards.
3.7.4 Certifyou 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 Certifyou facilitating such transfers where reasonably required.
4. Role of 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 your competency and for issuing qualifications in accordance with the applicable training package and legislation.
4.3 You 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:
(a) Provide 100 points of identification; and (b) 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:
(a) Cooperate fully in the evidence collection and RPL process; (b) Provide timely and complete documents; (c) Complete and sign all RTO forms; (d) Disclose any previous enrolments or assessments with RTOs for the same qualification; (e) Not misrepresent or falsify any information or documentation; and (f) Respond promptly to further information requests during assessment judgment.
5.6 Applicants may be required to authorise Certifyou to:
(a) Submit RPL applications on their behalf; (b) Communicate with the RTO regarding their application; and (c) Share and receive relevant information with/from the RTO.
6. Eligibility and Evidence
6.1 RPL is assessed based on 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:
(a) Certified copies of qualifications and academic transcripts;
(b) Employment references and position descriptions;
(c) Work samples, portfolios, and third-party reports;
(d) Licences or certifications;
(e) Statutory declarations or signed third-party statements of experience;
(f) Evidence of professional development, training, or workshops; and
(g) Other forms of supporting documentation as requested by Certifyou or the RTO.
6.3 All evidence provided must be in English or accompanied by a certified English translation.
6.4 Certifyou reserves the right to refuse to proceed with an RPL application if:
(a) The evidence is insufficient to meet competency requirements; (b) The documents submitted are fraudulent, altered, or not authentic; (c) The information provided cannot be verified within a reasonable timeframe; or (d) 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 qualifications.
7. Account Management and Scope
7.1 Upon enrolment, an applicant is assigned an Account Manager, who serves as the primary point of contact.
7.2 Certifyou reserves the right to reassign Account Managers as necessary.
7.3 Certifyou only facilitates applications to the third-party agent Max Education Pty Ltd and/or RTOs with which it has active working relationships and who agree to consider RPL applications.
7.4 If, after reviewing supporting evidence, Certifyou reasonably believes the applicant will not meet the RTO’s competency standards, it will notify the applicant and request more evidence.
7.5 Certifyou will promptly inform you and, where possible, provide details of alternative RTOs who may be able to assess the applicant, if during the RPL process the nominated RTO:
(a) Ceases or is unable to continue operations; (b) Alters its Scope of Registration and can no longer issue the sought qualification; or (c) Ends its relationship with Certifyou.
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 commonly known as a GAP Assessment.
8.2 As part of the GAP Assessment, the applicant may be required to:
(a) Attend additional interviews; and/or (b) Complete skills demonstrations; and/or (c) 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 or any pre-disclosed amount.
9. Limitation of Liability
9.1 Certifyou provides a facilitation service only and does not guarantee the outcome of your RPL application.
9.2 Certifyou is not liable for any decisions, actions, or omissions of the RTO.
9.3 We are not responsible for delays caused by incomplete documentation, RTO processing timeframes, or changes in regulatory requirements.
9.4 Certifyou and anyone working with us, including our team members, contractors, and partners, are not responsible for any loss, damage, costs, or claims you may experience. This includes both direct and indirect losses, such as lost income, lost savings, lost data, or extra costs to replace items, even if we were told such losses could happen. This applies whether the issue arises from using our services or products, from errors in our content, or from anything you access through our service.
10. Confidentiality and Privacy
10.1 Certifyou 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 third-party agent MAX Education Pty Ltd, the relevant RTO, or regulatory authorities as required by law or necessary for the provision of services.
11. Termination of Contract
11.1 These Terms will remain in effect until terminated by either you or Certifyou, as outlined below.
11.2 If you wish to terminate these Terms, you must provide Certifyou with a minimum of 10 days’ written notice of your intention to do so. You are required to submit a 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 Certifyou will acknowledge receipt of your termination request in writing within a reasonable timeframe.
11.4 You are advised to keep a copy of your termination email and the acknowledgement from Certifyou for your records.
11.5 Certifyou may terminate these Terms at any time if you have breached, or are reasonably believed to be intending to breach, any provision of the Terms, or if termination is required by law. In such cases, Certifyou will provide you with thirty (30) days’ written notice of termination.
11.6 Subject to applicable local laws, Certifyou 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 Certifyou’s reputation, or infringe upon the rights of others. This action may be taken at Certifyou’s sole discretion.
12. Qualification Cancellations, RTO Regulatory Action, Post-Completion Liability & No Refund Policy
12.1 Nature of Certifyou’s Role Certifyou Group ABN: 24 667 705 160 operates exclusively as a third-party RPL facilitation agency. Certifyou is not a Registered Training Organisation (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. Certifyou’s role is strictly limited to facilitation, coordination and administrative support services as described in these Terms.
12.2 Enrolment in Good Faith Certifyou facilitates applicant enrolments with Registered Training Organisations that are, at the time of referral, registered and in good standing on the National Register of VET (training.gov.au) and regulated by ASQA or the relevant state-based VET regulator. All referrals are made in good faith and in accordance with the information available at the time of enrolment. Certifyou does not warrant, guarantee or represent the continued registration, compliance status or regulatory standing of any partner RTO beyond the date of referral. Certifyou makes no warranty, representation or guarantee — express or implied — that any partner RTO will maintain its registration, compliance status or scope of registration for any period following the applicant’s enrolment.
12.3 Qualification Cancellations — Force Majeure & Regulatory Action
To the maximum extent permitted by law, Certifyou expressly disclaims all liability arising from the cancellation, revocation, suspension or non-recognition of any qualification issued by a partner RTO, where such cancellation results from:
12.3.1 any regulatory action taken by ASQA, a state or territory VET regulator, or any other competent authority against the partner RTO, including but not limited to the cancellation, suspension or withdrawal of the RTO’s registration or scope of registration;
12.3.2 any finding by ASQA or a competent authority that the partner RTO has failed to meet the Standards for Registered Training Organisations 2025 or any predecessor or successor standards;
12.3.3 any audit outcome, compliance determination, sanction or enforcement action directed at the partner RTO;
12.3.4 any voluntary surrender of registration by the partner RTO; or
12.3.5 any other event beyond Certifyou’s reasonable control that results in a qualification becoming invalid, unrecognised or unacceptable to a licensing or regulatory authority. Such events constitute force majeure events for the purposes of these Terms. Certifyou shall not be in breach of its obligations, nor liable for any loss, damage, cost or expense suffered or incurred by the applicant, arising directly or indirectly from any of the circumstances described in this clause.
12.4 No Liability for RTO Conduct or Compliance Failures
Certifyou has no authority over, and expressly accepts no responsibility or liability for:
12.4.1 the internal operations, compliance systems, assessment practices, governance or regulatory standing of any partner RTO at any time following the date of the applicant’s enrolment;
12.4.2 any failure by a partner RTO to comply with ASQA standards, the Standards for Registered Training Organisations 2025, AQF requirements, or any applicable legislation or regulatory obligation;
12.4.3 the validity, integrity, ongoing recognition or enforceability of any qualification issued by a partner RTO following the date of issue, including where such qualification is subsequently cancelled, revoked, suspended or rendered invalid by ASQA or any competent authority;
12.4.4 any loss of income, loss of employment, loss of business opportunity, reputational damage, professional or licensing consequences, or any other direct, indirect, consequential, special or economic loss of any kind suffered by an applicant as a result of regulatory action taken against a partner RTO; or
12.4.5 any personal, financial, psychological or professional impact suffered by an applicant arising from the cancellation, suspension or non-recognition of a qualification issued by a partner RTO.
12.5 No Refund of Facilitation Fees — Pre and Post Completion The applicant expressly acknowledges and irrevocably agrees that:
12.5.1 Certifyou’s facilitation fees are earned upon the completion of Certifyou’s facilitation services, which include but are not limited to applicant assessment, evidence coordination, RTO liaison, enrolment processing and compliance support. These services are considered fully rendered upon the applicant’s successful enrolment with the partner RTO, regardless of any subsequent regulatory action taken against that RTO;
12.5.2 Certifyou’s facilitation fees are fully earned and non-refundable upon the issuance of the applicant’s qualification by the partner RTO. The delivery of a valid qualification at the time of issue constitutes full and complete performance of Certifyou’s facilitation obligations;
12.5.3 no refund, partial refund, credit, compensation or fee waiver of any kind shall be payable by Certifyou where a qualification is subsequently cancelled, revoked or rendered invalid by ASQA or any competent authority, whether before or after the post-completion date, regardless of:
12.5.3.1 the financial, professional or personal impact of the cancellation on the applicant;
12.5.3.2 the length of time between the date of issue and the date of cancellation;
12.5.3.3 whether the applicant has relied upon the qualification for employment, licensing or any other professional purpose; or
12.5.3.4 whether the cancellation was foreseeable or unforeseeable at the time of the applicant’s enrolment or completion;
12.5.4 the applicant’s recourse in any of the circumstances described in clause
12.5.3 lies solely against the issuing RTO and, where applicable, ASQA or the relevant state or territory authority. Certifyou strongly encourages the applicant to seek independent legal advice in such circumstances;
12.5.5 Certifyou’s decision to deny a refund in the circumstances described in this clause is final, binding and non-negotiable, subject only to any rights the applicant may hold under the Australian Consumer Law that cannot lawfully be excluded or modified; and
12.5.6 where Certifyou, acting in good faith and at its sole discretion, agrees to assist an applicant in pursuing a reassessment through an alternative compliant RTO following a post-completion cancellation, such assistance is provided as a goodwill gesture only and does not constitute an admission of liability, a waiver of any right under these Terms, or an obligation to provide such assistance in any future or similar circumstance.
12.6 Post-Completion — Certifyou’s Obligation Concludes at Completion
The applicant expressly acknowledges and irrevocably agrees that:
12.6.1 Certifyou’s facilitation obligations are fully and finally discharged upon the issuance of the applicant’s qualification by the partner RTO. Certifyou bears no ongoing obligation, duty of care or responsibility in respect of the applicant’s qualification following the post-completion date;
12.6.2 once a qualification has been issued and received by the applicant, the qualification becomes the sole responsibility of the issuing RTO. Any challenge to the validity, recognition or enforceability of that qualification must be directed to the issuing RTO, ASQA, or the relevant licensing authority — not to Certifyou;
12.6.3 Certifyou has no power, authority or mechanism to reinstate, reissue or otherwise remedy the cancellation of a qualification that has been revoked by ASQA or any competent authority, and cannot be held liable for its inability to do so;
12.6.4 the applicant’s qualification was valid and nationally recognised at the time of issue. Any subsequent change to that status as a result of regulatory action against the RTO is an event entirely beyond Certifyou’s control, knowledge or foreseeability at the time of facilitation; and
12.6.5 Certifyou acted in good faith in facilitating the applicant’s enrolment with a registered and reputable RTO. Good faith facilitation does not extend to, and cannot be construed as, a guarantee of the perpetual validity or ongoing recognition of any qualification issued by a third-party RTO.
12.7 Post-Completion — Acknowledgement of Inherent Risk The applicant expressly acknowledges that:
12.7.1 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 that is entirely beyond the control of Certifyou as a facilitation intermediary;
12.7.2 Certifyou cannot monitor, predict or prevent regulatory action taken by ASQA or any competent authority against a partner RTO after the applicant’s qualification has been issued;
12.7.3 any professional, financial, licensing or employment consequences arising from a post-completion qualification cancellation — including but not limited to loss of income, inability to work in a licensed Certify, reputational damage or the cost of re-qualification — are not the legal responsibility of Certifyou and cannot be claimed against Certifyou; and
12.7.4 by engaging Certifyou’s facilitation services, the applicant accepts this inherent risk in full and without reservation.
12.8 Applicant Acknowledgement By engaging Certifyou’s facilitation services or signing these Terms, the applicant expressly acknowledges and irrevocably agrees that:
12.8.1 Certifyou acts solely as a facilitation intermediary and has no control over, and no responsibility for, the regulatory compliance, audit outcomes or continued registration of any partner RTO;
12.8.2 the risk that a qualification may be cancelled or rendered invalid by ASQA or any competent authority — whether before or after completion — is an inherent risk of the VET sector in Australia, entirely beyond Certifyou’s control and not caused by Certifyou’s facilitation services;
12.8.3 Certifyou’s obligation is strictly limited to facilitating the applicant’s enrolment with a registered and reputable RTO in good faith at the time of referral, and does not extend to guaranteeing the RTO’s ongoing compliance or the perpetual validity of any qualification issued;
12.8.4 no refund of Certifyou’s facilitation fees shall be payable by reason only of regulatory action against a partner RTO, whether occurring before or after the applicant’s completion; and
12.8.5 the applicant has read, understood and accepted this clause in its entirety prior to engaging Certifyou’s services and has had the opportunity to seek independent legal advice before doing so.
12.9 Indemnity To the maximum extent permitted by law, the applicant agrees to indemnify, defend and hold harmless Certifyou Group, 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:
12.9.1 any claim by the applicant against Certifyou relating to regulatory action taken against a partner RTO, whether before or after the applicant’s completion; or
12.9.2 any claim brought by a third party arising from the applicant’s use of a qualification that has been subsequently cancelled or rendered invalid by ASQA or any competent authority.
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 (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable consumer protection legislation that cannot lawfully be excluded, restricted or modified. Where a statutory consumer guarantee applies and cannot lawfully be excluded, Certifyou’s liability is limited, at Certifyou’s election, to:
12.10.1 the re-supply of the facilitation services; or 12.10.2 the payment of the cost of having the facilitation services re-supplied.
This savings provision applies solely to Certifyou’s own facilitation services and does not extend to the conduct, compliance failures, regulatory sanctions or post-completion actions of any partner RTO.
13. Fees
13.1 Certifyou will disclose all applicable service fees prior to the commencement of services.
13.2 Fees paid to Certifyou 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 their separate terms and conditions.
13.4 Fees for our products are subject to change without prior notice.
13.5 Certifyou 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 Certifyou’s Refund Policy, provided upon request.
14.2 If you have paid a deposit to Certifyou, it will only be refunded to you under the following conditions: (a) Subject to clause 11.2, you may withdraw by notifying Certifyou in writing via email to [email protected] that you no longer wish to proceed with the services, provided the notification is received within 10 days of your application date or prior to the submission of your application for assessment judgement, whichever occurs first, to the RTO or MAX Education Pty Ltd; or (b) an assessor from the RTO reviews the information and supporting documentation that you have submitted and determines that the RTO is unable to issue you with a qualification; or (c) you are entitled to a refund under Australian Consumer Law (ACL); or (d) Certifyou elects to terminate these Terms under clause 11.
14.3 In all other circumstances, any deposit or fees paid by you are non-refundable. If you do not provide the requested information and documentation within one month from the application date, and have not submitted a refund request, the deposit or fee will be deemed forfeited and retained by Certifyou.
14.4 Once the one-month application period has lapsed, the deposit or service fee will be considered forfeited and no longer eligible for a refund.
14.5 Certifyou reserves the right to decline any refund request in circumstances where regulatory changes affect Certifyou and/or MAX Education Pty Ltd and/or RTOs issuing qualifications to the applicant.
14.6 All refunds will be made within 14 calendar days of the date when Certifyou receives a written refund request for a valid reason.
15. Complaint and Appeal Process
15.1 If you are dissatisfied with a refund decision made by Certifyou, you have the right to lodge a complaint or appeal regarding the outcome.
15.2 To submit a complaint or appeal, you must send an email to [email protected] with the subject line “Refund Complaint” or “Refund Appeal”, as appropriate, clearly outlining your concerns or reasons for appeal.
15.3 Complaints and appeals must be submitted within 10 calendar days of receiving the refund decision.
15.4 Certifyou will acknowledge receipt of your complaint or appeal within 5 business days, and a formal response will be provided within 10 calendar 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 to assist in the review process.
15.6 If your appeal is successful, any applicable refund will be processed within 14 calendar 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
Certifyou 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 Certifyou operates, and you agree to submit to the jurisdiction of the courts of that State or Territory.
18. Acceptance of Terms
By engaging Certifyou 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 rest of the Terms shall remain in force.
