Terms and Conditions

Last updated: March 29, 2023

Please read these terms and conditions carefully before using Our Service.

1 | DEFINITIONS

1.1 | The definitions in this clause apply in the Terms and Conditions set out in this document.

“Consumer” means an individual acting outside the course of business.

“Course”  means any Course, unit or units of learning you purchase from us.

“Course Fees” means the amount payable by you for the Service.

“Course Materials” means all material provided by us and/or our service providers to you following your Enrolment which shall include but is not limited to: online learning material – including log in passwords; and online mentoring and tutoring.

“Course Provider” refers to one of our service provider companies that provide Cyber Revolution Course Materials.

“Course Rules” means and shall include any rules, regulations, standards, policies, codes, charters and guidelines prescribed by us and our service providers as in force from time to time.

“Credit Agreement” means a loan contract arranged with our Third Party Finance Providers.

“Cyber Revolution” refers to Cyber Hub Pty Ltd, ABN 81 636 564 193, Trading as Cyber Revolution

 

“Cyber Revolution Website” means https://cyberrevolution.com.au/

“Enrolment Date” means the date on which you first log in to our Online Learning Platform. 

“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information – including know how, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Learning Pathway” is a personal development plan specific to an individual’s requirements. It maps out the educational steps required to meet specific career goals.

“Online Learning System” means an internet based system hosted by Cyber Revolution or any of its service providers, for delivery and management of the Course and the system may include, but is not limited to, online learning material, online mentoring and tutoring and online assessments, and Cyber Revolution Website.

“Order” means an offer by you to purchase Services in accordance with these Terms.

“Service” means the provision of the Course by us or any of our service providers to you.

“Student” means a single user to any of the Online Learning Systems by a unique username and protected by a user defined password.

“Terminate” means, in respect of the subject matter where it is referred to, to foreclose a Credit Agreement and demand full payment of all amounts due under it.

“Terms” means the Terms and Conditions set out in this document.

“Third Party Finance Provider” means one of our Finance Partners, Humm, PayRight, Zip Pay & Zeefi/Nimble. Our Finance providers are subject to change without notice.

 

1.2 | References to “we”, “us” and “our” are references to Cyber Revolution.

1.3 | A reference to “you”, “your” or “yourself” is a reference to a person or firm who purchases a Service from Cyber Revolution.

1.4 | A reference to a clause is to a clause of these Terms.

 

2 | BASIS OF A SALE

2.1 | These Terms constitute the entire agreement between you and us for the supply of the Service.

Please check that the details in these Terms and your Order are complete and accurate before you commit yourself to the program. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.

2.2 | You acknowledge in agreeing to these Terms that you have not relied on any statement, promise, representation, assurance or warranty made or given on behalf of Cyber Revolution which is not set out in this document.

2.3 | The Order constitutes an offer by you to purchase Services in accordance with these Terms.

2.4 | We have the right to revise and amend these Terms from time to time. You will be subject to any privacy policy in place and the Terms in force at the time that you order the Service from us, unless any change to those policies or these Terms is required by law or government or regulatory authority – in which case, it will apply to orders you have previously placed that we have not yet fulfilled.

2.5 | You confirm that you are solely responsible for ensuring that you possess the necessary skills and experience required to enrol on a specific Course and that you will comply with the Course Rules.

 

3 | ENROLMENT

3.1 | Your Enrolment Date is the date you first log in to our Online Learning System. 

3.2 | Your Enrolment will be limited to a period of 12 months. 

3.3 | Extensions to your Enrolment may be considered where a request is made in writing at least 14 days prior to the date on which your Enrolment is due to end.

3.4 | You confirm that you understand any prerequisite skills or experience applicable to your proposed Course and examination. You acknowledge and agree that your Enrolment and continued participation in a Course is subject to you complying and continuing to comply with the Course Rules.

4 | CONSUMER RIGHTS

For the avoidance of doubt these Terms and Conditions relate to a fixed term licence commitment and do not relate to a subscription service, and except where stated below cannot be cancelled.

4.1 | By logging into the Online Learning System you acknowledge receipt of the Service from us.

4.2 | Subject to clause 4.7, you can Terminate your Enrolment within 7 days from your Enrolment Date. 

4.3 | Once outside of the 7 day cooling off period, you are not entitled to cancel your enrollment or any future payments owing to your Third Party Finance Provider.

4.4 | To cancel your Enrolment, as provided for in clause 4.2, you must inform us in writing via email.

4.5 | Subject to clause 4.6, if you cancel your Course you will receive a refund of the Course Fees paid for the Course minus a $500 Administration Fee. We shall make refunds within 30 days of receipt of your written notification.

4.6 | The provisions of this clause 4 do not affect your statutory rights.

 

5 | DELIVERY OF COURSE MATERIALS

5.1 | We will use our reasonable endeavours to provide login details for the Online Learning System specific to you within five – 5 – business days prior to the Onboarding Date. We will do this by emailing the login details to the email address you provide to us. On the enrollment date, you will be able to access the online Course Materials.

5.2 | We shall use all reasonable endeavours to meet any performance dates agreed but any such dates shall be estimates only and time shall not be of the essence for the performance of any Service.

5.3 | We have the right to make any change to the Service which is necessary to comply with any applicable law or which does not materially affect the nature or quality of the Service.

6 | YOUR OBLIGATIONS

6.1 | You shall:

6.1.1 | ensure that the terms of the Order are complete and accurate;

6.1.2 | cooperate with us in all matters relating to the Service;

6.1.3 | provide us with such information and material as we may reasonably require in order to supply the Service, and ensure that such information is accurate in all material respects.

6.2 | If the performance of any of our obligations is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation – “Default”:

6.2.1 | we shall without limiting our other rights or remedies have the right to suspend performance of the Service until you remedy the Default, and to rely on the Default to relieve us from the performance of any of our obligations to the extent that the Default prevents or delays performance of any obligation; and

6.2.2 | we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your failure or delay to perform any of your obligations set out in this clause 6; and

6.2.3 | You shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from any Default.

7 | STUDENTS WITH DISABILITY

Cyber Revolution cannot supply equipment, computers, aids or software for a Student with a disability. However, we will endeavour to supply any information a Student requires in terms of examination booking and special requirements.

8 | COURSE MATERIALS

8.1 | Whilst we make reasonable efforts to ensure the accuracy of Course Materials, we do not represent, warrant or guarantee that the Course Materials will be error free.

8.2 | You expressly acknowledge and agree that due to the rapidly evolving nature of information technology, Course Materials may become outdated and/or incorrect at any time.

8.3 | We will not refund Course Fees on the basis that Course Materials are not error free, accurate and/or up to date.

8.4 |  In circumstances where you discover an error or inaccuracy in the content contained in the Course Materials and/or the Online Learning System and notify us of this, we shall aim to rectify the error or inaccuracy within 45 business days of notification.

8.5 | We will use our reasonable endeavours to ensure that whilst you are enrolled on a Course that the Course Materials will be available to you via the Online Learning System on an uninterrupted basis save for:

1. i) unavailability due to our or a Course Provider’s scheduled maintenance of the Online Learning System
2. ii) an event outside our control.

8.6 | We shall have no responsibility or liability to you for your inability to access the Online Learning System due to issues beyond our control such as the speed of your internet connection – or other connection devices used, your use of third-party security software or firewall/proxy servers, or the performance levels of your internet service provider.

8.7 | If you do experience problems with the Online Learning System or access to Course Materials, please contact the Cyber Revolution team via email or on 1800 749 247.

We will attempt to resolve such problems within a reasonable time. You agree to provide us with such diagnostic information as we may reasonably require in order that we may resolve the problem.

8.8 | You (the Student) are explicitly granted a licence to the course materials directly exclusively related to your learning pathway. Where other content is made available to you, it is provided solely to allow you to review the scope of other content available for purchase. If the additional content proves to be something of interest to you then you should please contact your Career Consultant to discuss adding it to your course content so you can legally gain access to it.

9 | COURSE FEES AND ENROLMENT

9.1 | The Course Fees will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time. Prices are liable to change at any time, but price changes will not affect your orders that we have confirmed.

9.2 | The Course Fees include GST where GST is applicable. 

9.3 | It is always possible that, despite our efforts, a Course may be incorrectly priced. We will normally check prices as part of our order process so that, where the correct Course Fee is less than its stated price, we will charge the lower amount when enrolling you on the Course. If the pricing error is obvious and could have reasonably been recognised by you as a mispricing, we do not have to provide the Course to you at the incorrect – lower price.

9.4 | Payment for all Courses must be made in advance by credit or debit card, or in accordance with the Third Party Finance Provider. We accept payment with Visa, Visa Debit, MasterCard and American Express. We also accept payment by bank transfer.

9.5 | Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend your access to all Course Materials until you have paid the outstanding amounts; or

9.5.1 | terminate this agreement by giving you written notice and if you fail to pay all outstanding amounts within 10 days after being notified in writing to do so.

9.7 | Subject to any exception outlined in clause 9, Course Fees cover all Course Materials.

10 | CONSEQUENCES OF TERMINATION

On termination of this agreement for any reason:

10.1 | You shall immediately pay us all outstanding invoices and interest and in respect of a Service supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt.

10.2 | The accrued rights, remedies, obligations and liabilities of the parties as at the expiry or termination shall be unaffected, including the right to claim damages which existed at or before the date of termination or expiry; and

10.3 | Clauses which expressly or by implication survive termination shall continue in full force and effect.

10.4 | Beyond the 7 day cooling off period no refunds will be available for unused course or exam fees.

11 | COURSE FEES AND COURSE MATERIAL EXTENSIONS

11.1 | The mode of assessment varies between Courses and between training providers and may include online assessments and/or submission of written assessments – or any combination thereof. We reserve the right to change the mode of assessment applicable to a Course at any time, including after your Enrolment. We will however, where practical, give you reasonable notice of any change to the mode of assessment.

11.2 | You are entirely responsible for any costs and expenses related to accessing and/or running the Course Material on any computer system. We strongly recommend that before enrolling on any Course you confirm the compatibility of your computer system with published computer specification for Course Materials for that Course.

12 | TRANSFERRING THE COURSE TO SOMEONE ELSE

12.1 | If you purchase the Course as a Consumer, your Enrolment in a Course is personal to you and you may not transfer the Course to any other person.

12.2 | However, if you have purchased a Course on behalf of your company, and have provided that company’s details to us, we may, at our discretion, transfer your Enrolment/s to other people within your company only. Please contact us if you wish us to consider such a transfer.

12.3 | We may at any time assign, transfer or deal in any other manner with all or any rights under this agreement and may subcontract or delegate in any manner any or all of our obligations to any third party or agent.

13 | ORDERS INCLUSIVE OF EXAMINATION FEES

13.1 | On the purchase of an Order, you are enrolled into a 12 month licence, which includes one examination voucher for each certification within your package. 

13.2 | If you fail an exam and require a resit, you are required to purchase the exam voucher at your own cost. 

13.3  | Exam vouchers included in your package can only be redeemed once, for the specific certification with which it relates, and cannot be substituted for other certifications. 

13.4.1 | You must take any examinations, including necessary resits, within the 12, months from the Enrollment date; and

13.4.2 | you must access and complete all study modules and test preps associated with that exam; and 

13.4.3 | you must achieve a minimum score of at least 85% in all associated exam preparation modules and test prep; and

13.4.4 | you must complete the test prep for the associated exam within the two – 2 – weeks prior to taking the exam; and

13.4.5 | you must access the Cyber Revolution training within the two – 2 –  week period prior to taking the exam; and

13.4.6 | if you have not accessed any training module for at least two – 2 – months or more, you must complete the end-of-module test again, achieving a minimum score of 85% before sitting the exam; and

13.4.7 | If you fail an examination, you will need to retake the Test Prep prior to the issue of an exam voucher for the re-sit; and

13.4.8 | Resits do not take precedence over standard exam requests and are processed in standard timescales.

13.4.9 | We will not purchase exams during the initial 7 day cooling off period

13.5 | You will not be able to request a refund of the examination fees outside of the Terms set in clause 4.

13.6 | You will not be able to request multiple vouchers, we will only supply one voucher for a single exam in a series. Each time an exam is passed we will provide the single appropriate voucher for the next exam on production of the latest passed/failed exam report.

13.7 | Any terms and conditions set by CompTIA and/or any other vendor, in respect of their examination guidelines are also applicable. It is your responsibility to understand and adhere to those terms and conditions.

13.8 | In order to book an exam, you must ensure that all payments to Cyber Revolution or your Third Party Finance Agreement are up to date. If your account is in arrears you will not be able to book your exam.

13.9 | If you are on a Zeefi payment assist plan, Cyber Revolution reserves the right to limit when issuing exam vouchers, based upon the amount paid at that time 

13.10 | You may only sit exams outlined in your career pathway. If you are in any doubt, please contact your Career Consultant. We will not pay for any exam that is not in your Career Pathway.

 

15 | CREDIT OPTION

15.1 | Cyber Revolution work in partnership with a number of Third-Party Finance providers to provide you with the option to pay for your Course Fees by fixed and/or equal monthly instalments under a Credit Agreement

15.1.1 | You agree that you will take all reasonable steps to ensure that you provide full and accurate information. If you become aware that any information you have provided is false, inaccurate or misleading, you agree to inform us as soon as possible.

15.1.2 | All pre contractual information will be provided to you directly by your chosen Third-Party Finance Provider.

15.1.3 | If false or inaccurate information is provided, or if a reasonable suspicion of fraud or any other criminal offence is identified, details may be shared with fraud prevention agencies, law enforcement agencies, regulatory bodies and other interested parties who may access and use this information. We may access and use the information recorded by fraud prevention agencies to prevent fraud and money laundering.

15.1.4 | If you are accepted by a lender, you will be provided with pre-contract information, a credit agreement, and any further terms and conditions and information as required by legislation by the lender

15.2 | If you wish to apply for this option then Cyber Revolution shall introduce or signpost you to the finance options. If the Third-Party Lenders agree to extend credit to you then they will pay Course Fees directly to Cyber Revolution on your behalf.

15.3 | The Terms and Conditions of this contract that concern the provision of the Course Materials and Service are separate from those contained in the Credit Agreement and will be provided to you to consider in a precontractual form.

15.4 | Payment by this option will not affect the Terms that form this contract.

15.5 | If you have chosen to finance your course through a third party provider, you are solely responsible for ensuring your monthly payments are made on time. Any defaults may result in additional charges.

16 | INSTALMENT PLANS

16.1 | Cyber Revolution may choose to allow you to pay your course fees by use of a fixed term instalment plan with our partner Zeefi. 

16.2 | To qualify for this service, you will be required to sign a legally binding agreement between “yourself” and Zeefi. The terms of that agreement should be read separately from the Cyber Revolution terms and conditions.

16.3 | This agreement relates to payment of a fixed term licence commitment and does not relate to a subscription service and cannot be cancelled after the 7 day cooling off period. 

 

17 | COPYRIGHT AND INTELLECTUAL PROPERTY

17.1 | All Intellectual Property Rights in or arising out of or in connection with the Service shall be owned by Cyber Revolution.

17.2 | All Course Materials are protected by copyright and are intended only for your individual learning purposes.

17.3 | You must not publish, copy, sell, broadcast, transmit, or otherwise reproduce or distribute any of the Course Materials otherwise than as permitted by law. You may, however:

17.3.1 | retrieve and display the Course Materials and content from the Online Learning System on your computer screen; and

17.3.2 | print one copy of the Course Materials – but not photocopy them; and

17.3.3 | store the Course Materials in electronic form – but not on any server or other storage device connected to a network.

17.4 | The Course Materials provided to you may contain licence agreements from parties other than us. Your Enrolment is subject to your compliance with any applicable licence agreements.

17.5 | You will be responsible for making good any loss we suffer if you use or copy the Course Materials other than in accordance with these Terms.

18 | CYBER REVOLUTION CAREER SERVICES

18.1 | We do not warrant or guarantee that Cyber Revolution Career Services will result in or improve the likelihood of securing new employment or other benefit.

18.2 | We reserve the right to update, change or withdraw the Career Services service at any time and to decline to offer the service at our discretion.

18.3 | The service is only available in English.

19 | NO WARRANTY OR GUARANTEE AS TO CAREER ADVANCEMENT AND REMUNERATION

19.1 | We do not warrant or guarantee that your Enrolment in, or completion of, any Course will result in, or improve the likelihood of, you securing any kind of employment or other benefit.

19.2 | Our job placement services are only available to students who are currently enrolled, and will not be available to students who are in any form of payment arrears or who are yet to make a payment.

19.3 | Career services are only available to students who have completed all of the Certifications contained within their package. 

19.4 | If you are already employed or engaged as an employee or consultant, we do not, warrant or guarantee that your Enrolment, or completion of any Course will result in, or improve the likelihood of, you receiving an increase of remuneration or any other benefit.

19. 5 | Our CV reviews are limited to one re-write and one Cover Letter per student except where agreed by our Career Consultant.

19.6 | We reserve the right to withdraw our job placement services at any time and to decline to offer the service at our discretion.

19.7 |  You are solely responsible for ensuring that the purchase of, and your Enrolment in, any Course is appropriate to your specific needs and objectives.

 

20 | LIMITATION OF LIABILITY

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

20.1 | Nothing in these Terms shall limit or exclude Cyber Revolution’s liability for:

20.1.1 | death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

20.1.2 | fraud or fraudulent misrepresentation; or

20.2 | Subject to clause 17.1:

20.2.1 | Cyber Revolution shall under no circumstances whatever be liable to you, whether in contract, tort – including negligence, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Terms; and

20.2.2 | Cyber Revolution’s total liability to you in respect of all other losses arising under or in connection with the Terms, whether in contract, tort – including negligence, breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Course Fees paid by you.

 

20.3 | This clause shall survive termination of the Contract.

21 | EVENTS OUTSIDE OUR CONTROL

21.1 | For the purposes of the Terms, Force Majeure Event means an event beyond the reasonable control of Cyber Revolution including but not limited to strikes, lock outs or other industrial disputes – whether involving the workforce of the Supplier or any other party, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

21.2 | Cyber Revolution shall not be liable to you as a result of any delay or failure to perform its obligations under the Terms as a result of a Force Majeure Event.

21.3 | If the Force Majeure Event prevents Cyber Revolution from providing any Service, Cyber Revolution shall, without limiting its other rights or remedies, have the right to terminate these Terms immediately by giving written notice to you.

22 | CONFIDENTIALITY

22.1 | A party – “receiving party” – shall keep in strict confidence all technical or commercial know how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party – “disclosing party”, its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the terms, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Terms. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 22 shall survive termination of the Terms.

23 | NOTICES

23.1 | Any notice or other communication under or in connection with the Terms shall be in writing, sent to us at the address indicated in clause 4.4 or such other address as may be provided, and shall be delivered personally, sent by prepaid first class post or other next working day delivery service, commercial courier or email.

23.2 | A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 22.1; if sent by prepaid first class post or other next working day delivery service, at 9.00 a.m. on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, one business day after transmission.

23.3 | The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

24 | WAIVER

24.1 | A waiver of any right under the Terms or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

25 | SEVERABILITY & WAIVER 

25.1 | If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

25.2 |  Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. 

26 | THIRD PARTY RIGHTS

26.1 | A person who is not a party to the Terms shall not have any rights to enforce its terms.

27 | VARIATION

27.1| Except as set out in these Terms, no variation, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by Cyber Revolution.

28 | GOVERNING LAW and JURISDICTION

28.1 | These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation – including non-contractual disputes or claims, shall be governed by, and construed in accordance with the law of Australia.

28.2 | Each party irrevocably agrees that the courts of Australia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation – including non-contractual disputes or claims.

 

31 | Exam Vendors

31.1 | You agree for exam vendors to share exam information with us and that we may offer limited information on our students to companies looking to recruit our graduates.

32. | Relevant for students studying CompTIA certifications only

32.1 | I hereby authorise CompTIA to disclose my name, career ID or certification number, and status as having achieved or not achieved any CompTIA certification, and if I have achieved any CompTIA certification, the related CompTIA certification examinations(s) passed and the date upon which such achievement was made, and any other information verifying my CompTIA certification, to any person or entity that satisfies all of the following requirements: (I) the person or entity makes a written request to CompTIA for my CompTIA certification status and such request includes my name and my career ID or certification number; (II) or to a third party that paid my examination fee.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By visiting this page on our website: www.cyberrevolution.com.au/contact-us/
• By phone number: 1800 749 274