Terms and Conditions

PTS training services Terms & Conditions

1. General

(a) These terms and conditions (T&Cs) apply to the training services offered by Electricity Networks Corporation trading as Power Training Services W.A. ABN 18 540 492 861 (PTS).
(b) Training services which are offered by PTS include (but are not limited to) training delivery, assessment, training needs analysis and consultation services.

2. Training services

(a) Each training service has a descriptor which is published on the PTS website. The descriptor sets out relevant information and requirements for the training service.
(b) PTS may add, amend and withdraw training services at any time without notice.
(c.) The published date, time and venue of training services may change without warning. If this occurs, PTS will endeavour to contact enrolled individuals and inform them of the change. However the confirmation of starting dates, times and venue is the responsibility of the individual.

3. Enrolment

(a) Individuals must have an active PTS Student Profile and a valid Corporate Pass to enrol for trainings services. A request for the creation of a new Student Profile and/or Corporate Pass can be made via the PTS website.
(b) Once an individual has established a PTS Student Profile and Corporate Pass, the individual may apply to enrol for training services.
(c.) Applications for enrolment (Applications) must be made through the PTS website or by contacting PTS via phone on (08) 9411 7888.
(d) Applications can be made by the individual wishing to attend the training service (Participant) or by any other party acting on behalf of the Participant (such as the Participant’s employer). The party submitting the Application (Responsible Person) agrees to be bound by these T&Cs and accepts the liability to pay the Participant’s training service fee, additional fee, cancellation fee, training record fee and/or late fee (as applicable).
(e) If an Application has been made on behalf of a Participant, the party making the Application warrants that the Participant has been made aware of and agrees to these T&C’s.
The Responsible Person must provide their billing address in the Application.
(f) The decision to accept an Application is at the sole discretion of PTS. Acceptance of an Application is subject to a place being available at the time the Application is received by PTS and the Participant satisfying the training service prerequisites (if any).
(g) A written acceptance of an Application will be sent to the Participant and confirmation details pertaining to the training service such as venue, date time, dress standards and any other relevant requirements.

4. Participant’s details and service prerequisites

(a) The Participant’s details as provided on an Application must be true, accurate and valid as at the date of submission of the Application.
(b) The Responsible Person must ensure that all prerequisite requirements specified in the PTS descriptor are met by the Participant prior to the Application being submitted. The Responsible Person must provide PTS with evidence that the relevant prerequisites have been met. Where evidence is not provided, entry to the training service will be refused.
(c.) Notwithstanding clause 4(b), PTS reserves the right to request further evidence that substantiates:
     (i) the details provided by the Responsible Person are true, accurate and valid as at the date of submission of the Application; and/or
     (ii) all training service prerequisites have been met by the Participant prior to the Participant attending the training service.
(d) Where evidence requested by PTS under clause 4© is not provided, or is provided but is not to PTS’s satisfaction, then PTS may, in its discretion, reject the Application and the Responsible Person shall be charged cancellation fees in accordance with clause 10 based on the date of such cancellation.

5. Special requirements

(a) Before the Participant attends the training service, the Responsible Person must inform PTS of any of the Participant’s disabilities, special needs or learning difficulties (Special Requirements) that may impact the Participant’s ability to participate or complete the training service.
(b) PTS will make every effort to accommodate the Participant’s Special Requirements.

6. Service fees

(a) All training service fees are in Australian dollars and include GST (where GST is applicable).
(b) The training service fees include tuition and all relevant materials (unless stated otherwise in the descriptor) but does not include any Personal Protective Equipment (PPE), equipment or resources that the descriptor states the Participant must provide.
(c.) PTS will issue a tax invoice to the Responsible Person (PTS Invoice) after the scheduled training service date.

7. Additional expenses

(a) The Responsible Person may be charged with additional fees if the Responsible Person submits special requests with respect to the provision of a training service (for example, the service to be delivered at a specific non-standard site).

8. Payment

(a) The Responsible Person must pay the PTS Invoice within 30 days from the date specified on the PTS Invoice. The PTS Invoice shall include the training service fee, additional fee, cancellation fee and/or training record fee (as applicable).
(b) If any fee payable under these T&Cs is not paid by the due date, the Responsible Person must pay a late fee on the outstanding amount at a rate of 5% per annum calculated from the due date until the date it is paid in full. The late fee accrues daily and is payable on demand by PTS.

9. Changes to training services

(a) PTS reserves the right to cancel the training service because of insufficient enrolments or other unforeseeable circumstances beyond PTS’s control (for example, accident or illness of the instructor). PTS will liaise with the Participant and/or the Responsible Person to enrol the Participant on another date. If another date is not available, no training service fees will be payable.
(b) If PTS cancels the training service under clause 9(a), PTS will refund any associated fees that have been paid for the training service. No refund will be made if the Participant’s enrolment is transferred to another date.
(c.) PTS reserves the right to change the designated venue or instructor of the training service. Any substituted venue will be within a reasonable distance of the original venue. Notice of such changes will be sent to the Participant and/or the Responsible Person as soon as possible after changes have been made.
(d) If PTS changes the date, time or venue of the training service and the rescheduled date, time or venue is not acceptable to the Participant or the Responsible Person, no training service fee will be payable.

10. Cancellation, substitution & transfers

(a) If the Participant or the Responsible Person cancels an enrolment, the following charges are payable:

Notice period before date of service Fee to be charged
21 Business Days or more No charges
11 – 20 Business Days 50% of training services fee
0 – 10 Business Days 100% of training services fee

For the purposes of these T&Cs, a “Business Day” is a day other than a Saturday, Sunday or public holiday in Perth, Western Australia.
(b) A substitution or transfer request may be submitted to PTS prior to the commencement of the training service. The approval of such a request is at the discretion of PTS.
(c.) A substitution request allows for an alternate person to be substituted in place of a confirmed enrolled Participant. The Responsible Person must ensure that an approved substitute complies will these T&Cs including (but not limited to) satisfying all training service prerequisites and provide all necessary equipment and resources as specified in the descriptor. No additional fees will be charged for this option.
(d) A transfer request allows the enrolled Participant to transfer to the same training service on a different date or transfer to a completely new training service. Cancellation fees may apply depending on the timing of the transfer request.

11. Failure to attend or complete service

(a) The full service fee will be payable if the Participant:
     (i) fails to attend the training service;
     (ii) attends the training service and leaves before the service is completed; or
     (iii) does not complete or does not satisfactorily complete an assessment.

12. Start times and arrival

(a) Due to the technical and safety requirements of training services, start times must be strictly observed by the Participant.
(b) The Responsible Person must ensure that the Participant arrives for the training service at least 15 minutes prior to the scheduled start time.
(c.) Late admission to the training service will be at the discretion of PTS.
(d) If the Participant is not permitted to participate in the training service due to late arrival, the full training service fee will be payable.
(e) The Responsible Person must ensure that the Participant signs an ‘attendance sheet’ at the beginning of each day of the training service. Failure to do so may result in the Participant not being certified as properly attending and completing the training service.

13. Materials and equipment

(a) The Responsible Person must ensure that the Participant adheres to the required dress standards and brings all relevant resources and PPE when attending the training service. The requirement for each training service is stated in the descriptor and in the enrolment confirmation provided to the Participant.
(b) The minimum standard PPE for particular activities undertaken by the Participant during the training course is published in the Western Power Personal Protective Equipment Procedure.
(c.) PPE and specific equipment and material requirements stated in the descriptor are the responsibility of the Participant and at their own cost.
(d) Where there is no specific safety clothing stipulated in the descriptor for the training service, then the Participant is required wear flat enclosed shoes, long sleeve top and long pants.
(e) If the Participant fails to comply with any requirements in this clause 13, PTS reserves the right to refuse entry to the training service or remove the Participant from the training service.
(f) If PTS refuses entry to or removes the Participant from the training service under clause 13(e), the full service fee is payable.

14. Certification and service completion

(a) In order to be awarded certification for the training service, the Participant must successfully complete the training and all assessments (if applicable) within the allocated timeframe.
(b) All training services completed are recorded in the PTS training management system.
(c.) A certificate and record of results will be issued once the Participant has met all the requirements for a qualification to be awarded.
(d) Statements of attainment are issued for any training services where a unit of competency is completed.
(e) A certificate of attendance will be provided for any training service completed.

15. Assessment appeals

(a) Any issues relating to the Participant’s assessment results must initially be discussed with the service instructor/assessor or, if preferred, the PTS training service management team.
(b) If the Participant is not satisfied with the outcome of any discussions under clause 15(a), the Participant may appeal the assessment result by lodging an assessment appeal (available on the PTS website or at PTS reception.)
(c.) An assessment appeal must be lodged within 10 Business Days of the Participant being informed of the assessment result. Late appeals may not be considered at PTS’s discretion.
(d) A decision of PTS in relation to an appeal is final.

16. Code of conduct and safety, health & environment

(a) At the commencement of the training service, the Responsible Person must ensure that the Participant signs an attendance sheet to acknowledge their attendance and that the Participant is fit to undertake the requirements of the training service.
(b) The Responsible Person must ensure that the Participant adheres to and complies with the following codes and policies at all times during the training services:
     (i) Western Power Code of Conduct
     (ii) PTS Student Code of Conduct
     (iii) Western Power Safety, Health & Environment Policy
(c.) PTS has a zero tolerance drug and alcohol policy. The Responsible Person must ensure that the Participant does not participate in the training service under the influence of any alcohol or drugs (including prescription or over-the-counter drugs that may cause impairment or drowsiness) without the prior approval of PTS. PTS may require that the Participant perform drug and alcohol testing following any significant incident or where the use of drugs or alcohol is reasonably suspected.
(d) If the Participant fails to comply with any requirements in this clause 16, PTS reserves the right to refuse entry to the training service or remove the Participant from the training service.
(e) If PTS refuses entry to or removes the Participant from a training service under clause 16(d), the full service fee will still be payable.

17. Copyright in training service material

(a) All training service materials (including content, study aids, forms and associated information) that the Participant receives during or for the training service remains the intellectual property of PTS.
(b) Training service materials (in whole or in part) must not be copied, altered, sold or distributed to a third party, or used by any party (in any form, whether electronic, mechanical, photocopy or otherwise) without the prior written consent of PTS management.

18. Privacy

(a) PTS is committed to protecting the privacy of the Participant’s personal information. As a registered training organisation, PTS manages the Participant’s information in accordance with the Standards for Registered Training Organisations 2015.
(b) The Participant’s personal information (including the personal information collected as part of the Participant’s enrolment process and training activity data) may be used or disclosed by PTS for statistical, regulatory, enrolment, investigation and research purposes. PTS may also disclose the Participant’s personal information for these purposes to other parts of Electricity Networks Corporation (including Network Authorisations) as well as to other third parties, including:
     (i) the Participant’s employer if the Participant’s training is enrolled and paid by the employer;
     (ii) other registering training organisations and training providers; and
     (iii) Commonwealth and State or Territory government departments and authorised agencies
Disclosure to any other parties or for any other purpose will only be provided with the Participant’s consent.
(c.) The Participant’s training records will be kept for a minimum of thirty years in accordance with the Standards for Registered Training Organisations 2015.

19. Liability and applicable law

(a) To the maximum extent permitted by law and except where expressly stated otherwise in these T&Cs, PTS and its employees and agents shall not be under any liability whatsoever (whether in contract, tort or otherwise) for any cause whatsoever (whether occasioned by negligence or otherwise) for any injury, damage or loss, including indirect and consequential loss (including but not limited to loss of profits, loss of production, loss of data, loss of use or losses to persons or property) arising out of or in connection with the training service.
(b) Without limiting clause 19(a), PTS is not liable for any loss or expense (direct or indirect) whatsoever, including but not limited to travel and accommodation costs, in such circumstances where the Participant is removed or refused entry to the training service where the Participant or where the Participant’s belongings are damaged or stolen.
(c.) The Responsible Person indemnifies PTS against any loss or claim suffered or incurred by PTS in connection with any:
     (i) negligent or fraudulent act or omission of the Participant or the Responsible Person
     (ii) breach of any obligation of these T&Cs by the Participant or the Responsible Person
     (iii) death or personal injury caused or contributed by any act or omission of the Participant whilst the Participant is attending the training service
     (iv) any damage to tangible personal property caused or contributed by any act or omission of the Participant whilst the Participant is attending the training service.
(d) These T&Cs shall be exclusively governed by and construed in accordance with the laws of the State of Western Australia and submitted to the exclusive jurisdiction of the Courts of Western Australia.

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