Terms and Conditions

These terms and conditions form an agreement between Clear Horizon Consulting Pty Ltd (ACN 115 522 051) trading as Clear Horizon Academy (Clear Horizon Academy or we) and you, as a student or prospective student of Clear Horizon Academy (you or student).

These terms and conditions incorporate Clear Horizon Academy’s Student Code of Conduct and Privacy Policy. By using Clear Horizon Academy’s services and/or applying to enrol in a Clear Horizon Academy course, you agree to be bound by these terms and conditions and any other policies and procedures of Clear Horizon Academy, including the Clear Horizon Academy’s Student Code of Conduct (our Code of Conduct) as that code is updated from time to time. You are responsible for ensuring you are familiar with Clear Horizon Academy’s policies and procedures as they may be updated from time to time.

Please ensure you are familiar with and understand these terms and conditions. A breach of these terms and conditions may result in the termination of our services to you.

1. Clear Horizon Academy

1. Clear Horizon Academy agrees to provide course(s) to you in accordance with these terms and conditions.
2. You acknowledge and agree that the courses delivered by Clear Horizon Academy are, unless otherwise specifically stated, non-accredited courses. As such your successful completion of a Clear Horizon Academy course and compliance with these terms will result in the grant of a certificate of completion, not the issue of an accredited qualification.

2. Enrolment

1. You must complete an Enrolment Form to apply to enrol in a Clear Horizon Academy course. Please ensure all details of your Enrolment Form are correct and truthful.
2. If you are under 18, you acknowledge and agree that consent to the enrolment from your parent or legal guardian is also required at the time of completing the Enrolment Form.
3. Clear Horizon Academy will confirm your acceptance into your chosen course and your course start date by email (Confirmation Email) prior to commencement of the course. Acceptance of an application for enrolment is entirely at our discretion.

3. Fees

1. Your enrolment in your chosen course is subject to payment of the applicable Fees at the time your application for enrolment is submitted.
2. Course Fees are payable directly through the Clear Horizon Academy website via Stripe.
3. If your enrolment application is not accepted by Clear Horizon Academy for any reason, we will refund any Fees already paid by you.
4. We offer a 15% discount off our basic course Fees for the following types of learners (codes to use on checkout are provided in brackets): Members of the Australasian Evaluation Society [AES15], Employees of Non-Profits [nfp15], and University students [Student15]. We also offer our Academy Alumni a 20% discount on our basic course Fees [welcomeback]. We may also offer periodic promotional discounts. If you purchase a standard or premium package using a discount, the discount will be applied to the basic course fee portion of the package, the 'upgrade' portion of the fee is not eligible for discounts.
5. If you use one of the above discount codes and are are unable to provide evidence of eligibility you will be charged the full amount.
6. Only one discount can be applied per enrollment. It is not possible to use discount codes in combination.
7. We have a number of Affiliate Partnerships. If you enrol using a discount code provided by an Affiliate Partner, your details will be shared with the Affiliate Partner for the purposes of verifying your eligibility and helping them improve their member offers.

4. Referral Program

  1. We run a referral program to reward past or current learners ["referrers"] who refer our courses to their colleagues. When a referrer uses our referral form to provide us with the email addresses of their colleagues, we send these colleagues ["referees"] an email containing a unique single-use discount code that will reduce the price of any of our courses by 20%. The codes expire six months after they are sent and can only be used once.
  2. Email addresses for referees are collected solely for the purpose of the referral program and are not stored in our system. We only use the email addresses to provide the referees with the discount codes.
  3. The first time a referee purchases a course using a referral discount code the referrer will receive an email containing a unique single-use coupon code for a 30% discount. The discount code can be used on any Clear Horizon Academy course. This code expires six months after it is sent and can only be used once. It can only be used to purchase a single course in the name of the referrer.
  4. Referrers will only receive one discount code. We do not provide the referrer with a discount for every referee who makes a purchase.

5. Cancelling or deferring your enrolment

  1. You may cancel your enrolment at any time by written notice to learning@clearhorizonacademy.com

2. If you notify us before the course census date, you are entitled to either: deferment to the next available intake of the same course; or a refund of your course Fees less a cancellation fee. The cancellation fee is $20 per enrolment to cover our administrative costs plus 1.75% of the total course Fees to cover payment processing fees charged by Stripe.
3. You are not entitled to a full or partial refund if you cancel your enrolment after the census date.
4. You are only entitled to one deferment per course enrolment.
5. The census date for all clear Horizon Academy online courses is two weeks after the official course commencement date, unless otherwise advised in the Confirmation Email.
6. For the purposes of this clause 5, a course commences at 12:01am on the start date advised to you in your Confirmation Email.

6. Cancellation or Delay of Courses

1. Clear Horizon Academy requires a minimum of students per course.
2. You acknowledge and agree that Clear Horizon Academy has the right, at any time and for any reason, to cancel or delay the start of a course. If so, you are entitled, at your option, to:
1. a full refund of any course Fees that you have paid; or
2. if the course is to be offered at a later date, defer your enrolment to the next available start date for the same course.l text.

7. Expiry of Coaching Sessions

1. If you have purchased your coaching sessions as part of a standard or premium course package you must use all your coaching sessions within six months of the course commencement date. Once the six months timeframe has been reached any remaining sessions are considered expired. The exception to this timeframe is for coaching sessions purchased as part of our 'Complete Guide to MEL' course, where the coaching sessions must be used within 12 months of the course commencement date.
2. Remaining sessions cannot be booked outside of the agreed coaching period except under extenuating circumstances and must be approved by Clear Horizon Academy.

8. Clear Horizon Academy’s Platform and Materials

1. Clear Horizon Academy courses are delivered online via Clear Horizon Academy’s Platform. Clear Horizon Academy will grant you access to Clear Horizon Academy’s Platform and Materials upon commencement of your course and subject to payment of your course fees.
2. You are responsible for having reliable internet access to access the Platform and complete all required course work and assessments.
3. You acknowledge that Clear Horizon Academy owns or licenses the Platform and the Materials and all Intellectual Property Rights in them.
4. Clear Horizon Academy grants you a non-exclusive, revocable, limited, non-transferrable and non-sublicensable licence for the duration of your enrolment in a course, to use the Platform and the Materials in connection with your enrolment only and subject to any limitations set out in writing by Clear Horizon Academy.
5. You must at all times use the Platform and the Materials in accordance with Clear Horizon’s instructions. Use of the Platform and Materials is for personal use only.
6. Clear Horizon Academy reserves the right, at its discretion, to change course Materials and assessments or modify the Platform at any time.
7. You may collaborate with other Clear Horizon Academy students and staff through the Platform’s chat function or such other communication networks that might be available through the Platform. You must comply with our Code of Conduct at all times when using the Platform including any chat or other online communication functionality.
8. You retain ownership of any copyright in your assessment pieces and any other content which you submit on the Platform or to Clear Horizon Academy generally as part of your participation in the course (your content). In relation to all of your content, you:
1. warrant that it does not infringe any other person’s copyright; and
2. grant to Clear Horizon Academy a non-exclusive, royalty free, perpetual licence to use and reproduce your content as part of the services provided by Clear Horizon Academy.

9. Course completion

1.Clear Horizon Academy will issue you a Certificate of Completion upon your successful completion of a course.
2. You are responsible for meeting all deadlines relating to completion of your course.
3. All courses have specific maximum completion timeframes. The maximum completion timeframe for your course will be advised to you in your Confirmation Email. This time period includes the timeframe by which any online assessments must be completed. At the end of the relevant maximum completion timeframe, your access to the Platform and Materials will cease regardless of whether you have successfully completed the course.

10. Termination rights

1. Clear Horizon Academy may suspend or terminate your access to Coaching Services, the Platform and the Materials and/or cancel your enrolment and coaching sessions with immediate effect by written notice to you if you:
1. breach any of these terms and conditions, our Code of Conduct or any other policies or procedures of Clear Horizon Academy and fail to remedy such breach within 10 business days of receiving written notice from us that identifies the breach and the steps to be taken to remedy the breach; or
2. commit such a serious breach of any terms and conditions, our Code of Conduct or any other policies or procedures of Clear Horizon Academy which in Clear Horizon Academy’s opinion is unable to be remedied, including but not limited to a failure to pay any Fees that are due and payable for your course.
2. If your access to the Platform or Materials is suspended or terminated, or your enrolment or coaching sessions cancelled by Clear Horizon Academy in accordance with clause 8.1 above, you acknowledge and agree that you will not be entitled to a refund for any Fees already paid by you to Clear Horizon Academy.
3. Termination by Clear Horizon Academy is without prejudice to its other rights against you in respect of termination of these terms.

11. Limitation on damages and warranties

1. Clear Horizon Academy will provide the Course, Materials and Coaching Services in good faith with due care and skill.
2. Subject to clause 9.3, Clear Horizon Academy disclaims all other warranties, either express or implied, including without limitation warranties of merchantability and fitness for a particular purpose. Clear Horizon Academy does not represent or warrant that a particular outcome will be achieved by enrolling in or successfully completing a course and/or coaching sessions with Clear Horizon Academy.
3. Where any legislation such as the Australian Consumer Law (Cth) implies into these terms and conditions any condition or warranty and that legislation voids or prohibits conditions in a contract excluding the application of the conditional warranty, the liability for Clear Horizon Academy for any breach of the condition or warranty is limited to, at Clear Horizon Academy’s option, either:
3.1. the resupply of the course and/or coaching sessions; or
3.2. the reasonable cost of having the course and/or coaching sessions resupplied.
4. Clear Horizon Academy, its agents and subcontractors and each of their officers or employees will not be liable to you for any actions, claims, damages, liabilities, costs, expenses or losses in any way arising (including a breach of these terms and conditions or any negligent act or omission) out of or relating to a Clear Horizon Academy course and/or coaching sessions or your enrolment in a course for an aggregate amount in excess of the Fees paid by you to Clear Horizon Academy for the course and/or coaching sessions.
5. In no event will Clear Horizon Academy, its agents or subcontractors, or any of their officers or employees be liable for special, indirect, incidental, consequential or punitive damages, costs, expenses or losses of any nature, including without limitation, lost earnings and opportunity costs.

12. Governing law and jurisdiction

1. These terms and conditions are governed by and will be construed in accordance with the laws of the State of Victoria. Each party submits to the exclusive jurisdiction of the Courts of the State of Victoria.

13. Definitions

1. Enrolment Form means a Clear Horizon Academy’s enrolment form relating to the relevant Clear Horizon Academy course.
2. Fees means the fees applicable to the relevant course as advised by Clear Horizon Academy from time to time.
3. Intellectual Property Rights means all rights to intellectual property including copyright, designs, trade marks (whether registered or unregistered), business names, domain names, goodwill and the right to sue for passing off, patent or patent application or invention, circuit layout, know-how, confidential information (whether such information is in writing or recorded in any other form).
4. Materials means all course materials, education content, learning materials, assessment notes, documents, reports, data, information, software, tools and methodologies, computer files, designs, graphics, logos, artwork, know-how, templates, methodology, equipment or other material of any sort and in any form created by or on behalf of Clear Horizon Academy in connection with a course or the Platform.
5. Platform means Clear Horizon Academy’s online learning management system featuring the relevant course Materials and communication forums for students and assessors to correspond with each other during their enrolment in a Clear Horizon Academy course.

Effective Date: February 2024