Full Stack Data Analytics Program Terms & Conditions

These Program Terms and Conditions ("Program Terms") of Emergi Mentors Pty Ltd (ACN 677 084 883) of Oxley Park NSW 2760 ("Emergi Mentors", "we", "us", "our") govern enrolment in and participation in the Full Stack AI-Enabled Data Analytics and Engineering Program (the "Program").

These Program Terms apply in addition to our General Platform Terms and Conditions and our Privacy Policy, each as published on www.emergimentors.com.au. To the extent of any inconsistency between these Program Terms and the General Platform Terms and Conditions in relation to the Program, these Program Terms prevail.

You accept these Program Terms by ticking the acceptance box, signing an enrolment form, or paying the Enrolment Fee, whichever occurs first. Your enrolment is not confirmed until you have accepted these Program Terms, and we have received your Enrolment Fee. If you do not agree to these Program Terms, do not enrol in the Program.

Nothing in these Program Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("ACL") or any other law that cannot lawfully be excluded, restricted or modified. Every clause in these Program Terms is subject to this clause 1.4 and to clause 19.

For Professional Internship Program Plans, you must also meet the eligibility criteria agreed between us and the Professional Internship Program Placement Partner, as notified to you before or at enrolment. You are responsible for “ensuring that your visa or residency status permits you to undertake an unpaid vocational placement in Australia.” We do not provide migration advice.

We may decline any enrolment application at our reasonable discretion, including where we consider the Program is not suitable for the applicant. If we decline your application, we will refund all amounts you have paid.

The Program is a cohort-based education, training and career-readiness program. It comprises, depending on your Plan: live training delivered on Tuesday and Saturday evenings (recorded); 15+ live industry projects; recorded courses; AI enablement training; the Certification Pathway; 1:1 mentorship; and, under the relevant Plans, the Professional Internship Program and the Job Placement Support Program.

Durations in clause 4.2 are indicative. Actual duration may vary with cohort scheduling, public holidays, examination booking availability, the timing of your Professional Internship Program placement under clause 10, the timing of your handover to the Job Placement Support Program, and any deferral or pause at your request. A variation in duration does not affect the Fees for your Plan and does not create any refund entitlement, except as required by the ACL.

The Program is an education and mentoring service only. We are not a recruitment agency, an employment agent, a migration agent or a financial adviser, and we do not provide services of those kinds.

No employment outcome is guaranteed. Nothing in the Program, these Program Terms, our marketing materials or any statement by our personnel or partners is a guarantee, promise or representation that you will obtain employment, a particular role, a salary level, or any employment outcome, or that any outcome will occur within a particular timeframe. Employment outcomes depend on market conditions, employer decisions and your own effort. The only guarantees we give are those expressly set out in clauses 7, 9, 10 and 11, strictly on the terms of those clauses.

The Professional Internship Program is a training opportunity. Any Internship is an unpaid vocational placement provided solely to support your learning and professional development. It is not employment, and it must not be regarded as a form of employment by any person. Inclusion in Professional Internship Program is subject to clause 10.

Examples of outcomes, salary ranges, success stories and testimonials in our marketing materials are illustrative of individual experiences or market data only and are not a promise or prediction of your results.

We may update the curriculum, tools, trainers, session times or delivery platform from time to time to keep the Program current, provided the changes do not materially reduce the overall benefit of the Program to you. We will give you reasonable notice of material changes.

All Program Materials remain our intellectual property and may not be copied, reproduced, distributed, or used for commercial purposes without our prior written consent. You may use your completed project work for personal portfolio purposes only.

The Plans, Fees, Enrolment Fees, instalment amounts and fee components are set out in the Fee Schedule. All Fees are in Australian dollars and, unless stated otherwise, include GST.

The Fees for your Plan are fixed at enrolment and will not increase for your cohort.

Under the Training Only plan, we pay the fee for one sitting of the PL-300 examination, booked through us. We pay a maximum of one examination fee per Student under any Plan, and only where the Fee Schedule states the examination fee is included; all other examination fees, including any resit, are payable by you (see clause 9.5). Certification examinations are administered by Microsoft and its authorised examination providers under their own terms.

By enrolling, you commit to the whole Program for your Plan and agree to pay the full Fees for that Plan, in the instalments and on the dates set out in the Fee Schedule and your enrolment confirmation.

Why the commitment is whole-of-program: seats in each cohort are genuinely limited to protect 1:1 support quality; your enrolment reserves a seat that is then unavailable to another applicant; and we incur fixed third-party costs for your Plan (including placement, certification and job support costs) from early in the Program. The Fees are a genuine pre-estimate of the cost of delivering your Plan and are not a penalty.

For clarity, obtaining employment during the Program is a success, not a termination event. If you obtain employment during the Program, you remain entitled to complete all remaining components of your Plan, and all remaining instalments remain payable on their due dates.

Clause 6.3 does not apply where you validly terminate under the ACL for a failure by us to comply with a consumer guarantee, or where a refund is expressly provided under clause 7, 8, 9 or 10.

If an instalment is not paid within 7 days of its due date, we may suspend your access to live sessions, Program Materials, the Placement Process and the Job Placement Support Program until payment is made. If an instalment remains unpaid 21 days after its due date, we may terminate your enrolment under clause 21 and recover the unpaid balance as a debt, together with our reasonable costs of recovery. We will not exercise these rights where the non-payment arises from a genuine dispute raised in good faith under clause 22 before the due date.

We may withhold issue of certificates of completion while Fees remain unpaid, to the extent permitted by law. The Statement of Attainment is issued by the registered training organisation under its own obligations and rules.

If you withdraw under clause 7.1, we will refund all Fees you have paid, other than the Enrolment Fee (see clause 7.4), within 14 days of your notice, to your original payment method. No further instalments will be payable.

After the Cooling-Off Period, all Fees are strictly non-refundable except where required under the Australian Consumer Law, regardless of the extent to which the Program has been accessed, completed, or utilised.

On withdrawal under this clause, your access to the Program, the Program Materials, the Placement Process and the Job Placement Support Program ends, and you must not retain or use any Program Materials.

The Enrolment Fee is refundable only if you give written notice of withdrawal within 48 hours of paying it. After that 48-hour period, the Enrolment Fee is non-refundable except as required by the ACL, because it covers seat reservation, onboarding and administration costs incurred at enrolment.

This clause 7 is in addition to, and does not limit, your rights under the ACL.

Where a refund is payable, it will be paid within 14 days to your original payment method unless you agree otherwise in writing.

The Program includes structured preparation for the Microsoft Certified: Power BI Data Analyst Associate certification (exam PL-300), including recorded courses, live sessions, practice examinations and preparation materials, and exam-readiness review.

The PL-300 examination is set, administered and marked by Microsoft and its authorised examination providers. We do not control, and cannot and do not guarantee, the outcome of any examination, the conduct of any examination provider, or any decision of Microsoft. What we guarantee is the support set out in clause 9.4, on the conditions in clause 9.3.

One examination fee only. Where your Plan includes an examination fee, we pay the fee for one sitting of the PL-300 examination only, booked through us. The fee for any further sitting, including any resit after an unsuccessful attempt, is payable by you directly to the examination provider. The guarantee in clause 9.4 is a guarantee of continued preparation support; it does not include payment of any further examination fee.

The guarantee in clause 9.4 does not apply where the failure or non-certification results from: examination misconduct or breach of the examination provider’s rules or non-disclosure requirements; use of unauthorised materials in or in connection with any examination; failure to sit a booked examination without reasonable cause; or provision of false information to us or to the examination provider.

This clause 9 is a service guarantee. It is a commitment to specified support on the conditions stated. It is not, and must not be read as, a warranty of examination outcome, and it is in addition to your ACL rights.

Under a Placement Support Plan, following completion of your training (and, where applicable, your Professional Internship Program), you will be handed over to the Job Placement Support Program: a structured 12-week program run by the Career Coach Partner, an experienced Australian career coach.

A 7-day cooling off period applies from your Job Placement support program orientation call. You may withdraw from the Job Placement Support Program during that period by written notice; structured delivery commences at the end of that period. Withdrawal from the Job Placement Support Program does not reduce the Fees for your Plan except as required by the ACL (Australian Consumer Law).

After the 12-week active period, passive support continues by chat until you accept a written offer of paid employment or a paid contract role in Australia, with responses within 2 business days. If you remain unplaced 90 days after the end of the active period, a review of your situation will be held to agree next steps by the Career Coach.

Before the official start of the Job Placement Support Program, you must sign a Candidate Commitment Agreement under which you agree to attend scheduled sessions, complete agreed actions between sessions, apply for suitable roles every week, maintain professional communication standards, act on feedback, attend interviews when opportunities arise, and engage honestly throughout. You may only be removed from the Job Placement Support Program with our prior written approval.

If you breach clause 13.1, we may issue a written warning and, for serious or repeated breaches, suspend or terminate your enrolment under clause 21. Where enrolment is terminated for serious misconduct, Fees paid are not refundable and unpaid instalments for services already delivered or committed remain payable, except as required by the ACL.

We (or our licensors and partners) own all intellectual property in the Program and the Program Materials. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Program Materials for your personal education during and after the Program. You must not copy, share, publish, sell, sublicense or commercially exploit any Program Materials.

You own the intellectual property in the original project work you create in the Program, and you may use it in your portfolio. You grant us a non-exclusive, royalty-free licence to use de-identified examples of student project work for education and quality purposes. We will not use your name, image or identifiable work in marketing without your prior consent under clause 17.

We handle your personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

By enrolling, you consent to us collecting, and disclosing to the Professional Internship Program Placement Partner, prospective Host Organisations, the Career Coach Partner and the registered training organisation, your personal information (including your resume, contact details, participation and progress records, applications data and, where relevant, assessment results) solely for the purposes of delivering your Plan. Each recipient is required to handle your personal information in accordance with the Privacy Act 1988 (Cth).

You may withdraw a consent under clause 16.2 by written notice, but withdrawing consent may make it impossible for us to deliver the Internship or the Job Placement Support Program, and does not create any refund entitlement except as required by the ACL.

Live sessions are recorded for delivery of the Program. By participating, you consent to appearing in session recordings made available to your cohort. Recordings are Program Materials.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Nothing in these Program Terms excludes, restricts or modifies the application of the ACL, any consumer guarantee, or any right or remedy under the ACL that cannot lawfully be excluded, restricted or modified. All statements in these Program Terms that Fees are non-refundable, or that no refund is available, apply only to the extent permitted by law and do not apply to any refund you are entitled to under the ACL.

To the extent permitted by section 64A of the ACL, our liability for a failure to comply with a consumer guarantee in relation to services not of a kind ordinarily acquired for personal, domestic or household use is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

Subject to clause 19, and to the extent permitted by law: we are not liable for indirect or consequential loss, loss of income, loss of opportunity or loss of anticipated earnings arising out of or in connection with the Program; we are not liable for the acts or omissions of any Host Organisation, examination provider or other third party outside our reasonable control, except to the extent we caused or contributed to the relevant loss; and our total aggregate liability to you arising out of or in connection with the Program is limited to the total Fees you have paid to us.

You indemnify us against loss, damage and reasonable costs we incur arising from your fraudulent or dishonest conduct, your breach of clause 13 or clause 15, or any claim by a Host Organisation arising from your serious misconduct during an Professional Internship Program, except to the extent we caused or contributed to the loss. Nothing in this clause requires you to indemnify us for our own negligence or breach.

On termination of your enrolment, your access to the Program, Program Materials, the Placement Process and the Job Placement Support Program ends. The consequences for Fees are as set out in clauses 6, 7, 8, 10 and 13, always subject to clause 19.

Clauses 1.4, 15, 16, 17, 18.1, 19, 20, 22 and 23, and any accrued rights, survive termination.

These Program Terms, the Fee Schedule, your enrolment confirmation, the General Platform Terms and Conditions and our Privacy Policy form the entire agreement between you and us for the Program.

We may amend these Program Terms for future cohorts at any time. For your current enrolment, we may only amend these Program Terms where the amendment is required by law or does not materially reduce your rights, and we will give you at least 14 days’ written notice of any amendment.

If any provision of these Program Terms is unenforceable, it is severed to the minimum extent necessary, and the remainder continues in force. A waiver is effective only if in writing. You may not assign your enrolment without our prior written consent; enrolment is personal to you and must not be shared.

Notices to us must be sent to [email protected]. Notices to you will be sent to the email address in your enrolment record and are effective when sent, absent a delivery failure.