Terms and Conditions

The purpose of these terms and conditions (Terms) is to provide guidance for Student about the rules and procedures of StudentPay ACN 648 058 986 (referred to as StudentPay, we, us or our).

The Student agrees that the Terms apply to and form the terms on which the supply of a Payment Plan (whether or not, but including, pursuant to this Contract) will proceed. The Terms apply to the exclusion of and supersede all other discussions, negotiations, warranties proposals or agreements concerning the supply of a Payment Plans Agreement except and to the extent that StudentPay otherwise agrees in writing.

Any terms or conditions that are specific to a Payment Plan Agreement in which a Student has entered into will form part of these Terms. In the event of any inconsistency between such terms and conditions and these Terms, then, to the extent of such inconsistency, such terms and conditions will prevail.

These Terms may be amended at any time by publishing revised or updated Terms on our Website, which revised or updated Terms will be binding on the Student from the time of publication on the Website. Where the change is detrimental to the Student, we will provide those affected with reasonable notice and the opportunity to terminate the Contract without penalty if the detriment is material. Please check the Website regularly for the most up to date version of the Terms.

1. Definitions

1.1 In the Terms, unless the context requires otherwise:

(a) StudentPay means StudentPay Pty Ltd ACN 648 058 986;

(b) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Victoria, Australia;

(c) Certificate of Completion means a document or other notification confirming that the Student has successfully completed a Course;

(d) Contract has the meaning ascribed to that term under clause 2.8;

(e) Course means an educational course provided or made available to Students by an Education Partner from time to time;

(f) Course Fee means the fee charged by an Education Partner to the Student for supplying a Course or Courses. All Course Fees are quoted in Australian Dollars and are inclusive of GST;

(g) Enrol and Enrolment means the act by the Student of signing the declaration and entering into a Contract with, or otherwise agreeing to accept the supply of a Course or Courses, by an Education Partner, and Enrolled refers to a Student the Enrolment of whom has been accepted;

(h) Enrolment Date has the meaning ascribed to that term under clause 2.14;

(i) Force Majeure Event means any event that is beyond the control of StudentPay, including an economic downturn, act of God, war, natural disaster (such as an earthquake, hurricane or volcano event), pandemic, terrorism, strike, embargo, government action or requirement, or unavailability of supply of products or services by StudentPay’s suppliers for reasons that are outside of the control of StudentPay, that has a material and adverse impact on StudentPay’s ability to supply the Payment Plan Agreement to the Student;

(j) GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

(k) Intellectual Property Rights means:

(i) the business names or trademarks owned by StudentPay;

(ii) any confidential information owned by StudentPay; and

(iii) all copyright, patents, trademarks, design protection or rights to confidential information including all applications of the same; all rights relating to all inventions, confidential processes and procedures and electronic information (e.g. data files, images and computer software, know-how,) and all other similar rights owned or licensed by StudentPay;

(l) Intellectual Property means all Intellectual Property Rights and any type or nature whatsoever involved in or associated with the provision of the Payment Plan Agreement by StudentPay to the Student;

(m) Payment Plan Agreement means an agreement in the Approved Form under which financial accommodation is made available by StudentPay to a Student.

(n) Privacy Policy means the privacy policy maintained and applied by StudentPay with respect to Personal Information (as defined in the Privacy Act 1988 (Cth)) of the Student, which Privacy Policy is published on the Website (as updated from time to time);

(o) Student means any person who Enrols in a Course or Courses; and

(p) Website means www.studentpay.com.au or such other website(s) as StudentPay may maintain from time to time.

2. Enrolment, Refunds and Cancellation

Enrolment requirements

2.1 To be considered for a Payment Plan Agreement with StudentPay, a Student must meet all entry requirements specified in this clause 2 and as otherwise set out in the Course Materials.

2.2 Unless otherwise agreed by the Education Provider Partner, Students must be at least 18 years old and an Australian resident in order to be eligible to enter into a Payment Plan Agreement. Students who are over 16 years old but under 18 years old may enter into a Payment Plan Ageement if they provide verbal or written parental/guardian consent and proof of support of payment of fees.

2.3 Students must provide supporting documentation to confirm their identity and demonstrate that they are eligible to Enrol. Supporting documentation may include:

(a) Australian Passport;

(b) Passport along with Australian resident visa stamp page / e-visa; or

(c) a current form of photo ID (such as a Driver’s Licence front and back page, proof of age card or Medicare card) along with an Australian Birth Certificate, Australian Citizenship Certificate and proof of Australian residential address.

2.4 StudentPay will be entitled to reject any application for Enrolment that does not meet the above requirements. Special consideration may be given upon request, acceptance of which will be at the complete discretion of StudentPay.

Acceptance of Payment Plan Agreement

2.8 The Student will be accepted into a Payment Plan Agreement, and a contract will be formed between StudentPay and the Student, when the Student has signed the declaration below and their welcome email has been sent out (Contract).

2.9 The Student must provide StudentPay with all information (including but not limited to the Personal Information described in our Privacy Policy) reasonably required by StudentPay for considering the Student’s application for a Payment Plan Agreement.

2.10 The Student must immediately advise StudentPay of any changes to any information provided by the Student to StudentPay (whether pursuant to clause 2.9 or otherwise).

2.11 The Student warrants to StudentPay that all information provided by the Student to StudentPay is true and correct.

Refunds

2.12 Refunds will be made available in accordance with the refund policies of the Education Provider Partner’s and subject to StudentPay receiving confirmation from the Education Provider Partner the refund is to be processed subject to the terms and conditions of their refund policy.

3. Course Fees

3.1 The Student is obliged to ensure at all times that it is financially capable of paying all instalments due under their Payment Plan Agreement as and when they fall due for payment.

3.2 The Student must strictly abide by the terms of any Payment Plan Agreement agreed between the Education Provider Partner and the Student. The Education Provider Partner may assign, novate or transfer its rights and obligations under any payment plan so agreed to a third party without the consent of the Student provided there is no material detriment to the Student. The Student must not assign, novate or transfer any of its rights and obligations under a payment plan so agreed without the written consent of the Education Provider Partner which must not be unreasonably withheld provided the transferee meets Education Provider Partner’s credit requirements.

3.3 StudentPay makes no representations, promises or warranties as to the suitability of any financing options to the Student and the Student hereby waives and releases StudentPay from and further indemnifies StudentPay against any loss, cost or expense that StudentPay may suffer or incur in connection with the Student deciding to enter into an arrangement in relation to the payment of the Course Fee.

3.4 In the event of any issue, problem or difficulty in meeting any obligations with respect to these Terms or a Contract, including but not limited to any anticipated inability to pay Course Fees or any other amounts on time, we ask that you immediately notify StudentPay so that we can troubleshoot these issues with you before there is any default under the terms of your Payment Plan Agreement.

3.5 The Student will not be entitled to the refund or repayment of any amounts (including but not limited to Course Fees) paid by it to StudentPay except in accordance with applicable law, these Terms or otherwise in the absolute discretion of StudentPay.

4. Intellectual Property

4.1 All Intellectual Property remains the property of StudentPay and/or its suppliers and vendors (as applicable).

4.2 The Student must at all times keep all Intellectual Property made available to it private and confidential.

4.3 The Student must not:

(a) assert any ownership or other interest in or to or exploit, modify or develop any of the Intellectual Property;

(b) copy or reproduce the Intellectual Property without the written consent of StudentPay;

(c) share or make the Intellectual Property available to or accessible by any third party;

(d) do anything that will or may damage, jeopardise the ownership of or bring into disrepute or question.

5. Complaint and Feedback

5.1 StudentPay acknowledges that complaints and feedback are all integral components for our continued and effective improvement as an organisation. We are committed to ensuring any type of feedback regarding our organisation (good or bad), is acknowledged, recorded and considered, and will be actioned in a fair and timely manner.

5.2 Any complaints should be made in writing and submitted to support@studentpay.com.au. We will endeavour to respond to, and resolve any, complaints as soon as possible but in any event, not more than 10 Business Days from receipt.

5.3 In the event that a complaint cannot be resolved or other dispute arises (other than a dispute concerning the payment of any amounts payable by the Student in accordance with these Terms, then either the Student or StudentPay must first invoke the dispute resolution procedure set out in our Complaints Handling and Dispute Resolution Policy published on StudentPay’s website.

6. Default

6.1 If at any time the Student is in breach of this Contract or Terms, StudentPay may issue a notice to the Student setting out details of the default and requiring the Student to remedy such default within a period of not less than 14 days from the date of the default (unless the breach is not capable of remedy, in which case, StudentPay may terminate this Contract with no notice).

6.2 StudentPay will be entitled to recover from the Student, and the Student indemnifies StudentPay against, all costs, loss and damage suffered or incurred by StudentPay (including recovery agent fees and any reasonable legal costs) in connection with any breach of a Contract or these Terms.

7. Force Majeure Events

If a Force Majeure Event occurs:

(a) the Student will not be relieved from its obligations under a Contract or with respect to an Enrolment except as provided for in this clause 7;

(b) StudentPay may, at its option:

(i) suspend any Payment Plan Agreement affected by the Force Majeure Event, for a period of up to 12 months or until the Force Majeure Event has abated (whichever is earlier); or

(ii) if the Force Majeure Event has not abated after the end of any period of suspension, cancel the Contract(s) affected by the Force Majeure Event.

8. Limitation of Liability

8.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.

8.2 The Student agrees to the maximum extent lawfully permissible that if StudentPay breaches the Terms or any applicable law, then the Student’s remedy is limited to (at StudentPay’s election but subject to clause 8.1):

(a) the re-supply of any Payment Plan Agreement in which the Student had entered into; or

(b) refund of the installments payable under the Payment Plan Agreement in which the Student had entered into.

8.3 Subject to clause 8.1, StudentPay disclaims all liability whatsoever for:

(a) any consequential or indirect loss and/or expense (including loss of profit) the Student suffers or may suffer; and

(b) any unlawful or negligent conduct of StudentPay’s suppliers, agents or contractors.

8.4 Subject to this clause 8, to the maximum extent permitted by law, the Student agrees that the maximum aggregate liability of StudentPay for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of the instalments paid for any Payment Plan Agreement in which the Student has entered into and has paid.

9. Privacy

We are committed to protecting the privacy of our Students’ Personal Information in accordance with the provisions of the Privacy Act 1988 (Cth).

Our Privacy Policy explains, how we collect, use, store, disclose and manage your personal information, how you may access and correct your personal information, how you can lodge a complaint regarding the handling of your personal information, and how we will handle any complaint. We encourage you to read our Privacy Policy to understand how your personal information is treated, and, to review our Privacy Policy periodically so that you are updated on any changes.

10. Notices

10.1 The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.

10.2 The Student can direct notices, and so forth to StudentPay as set out in these Terms. StudentPay will send the Student notices and other correspondence to the details that the Student submits to StudentPay, or that the Student notifies StudentPay of from time-to-time. It is the Student’s responsibility to update its contact details as they change.

10.3 A consent, notice or communication under these Terms is effective if it is sent as an electronic communication unless required to be physically delivered under law.

10.4 Notices must be sent to the parties’ most recent known contact details.

11. General

11.1 If any provision of the Terms is illegal or unenforceable this does not affect the remaining provisions.

11.2 StudentPay is entitled to assign any or all of its rights under these Terms, and any Contract, by notice to the Student, provided there is no material detriment to the Student. The Student is not entitled to assign any of its rights or obligations under these Terms or Contract without the consent of StudentPay, which StudentPay may withhold in its absolute discretion.

11.3 Time is of the essence with respect to the performance of the Student’s obligations under these Terms and under any Contract.

11.4 The Terms and any Contract will be construed and applied in accordance with the laws of Victoria, Australia and are subject to the exclusive jurisdiction of the courts of Victoria, Australia.

11.5 Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms in relation to any product supplied by StudentPay by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.

11.6 None of the provisions of these Terms will be held to have been waived by either party, except by an instrument in writing signed by a duly authorised officer or representative of each party. The waiver by either party of any right hereunder or the failure to enforce at any time any of the provisions of these Terms, or any rights with respect thereto, will not be deemed to be a waiver of any other rights hereunder or any breach or failure of performance of the other party.

11.7 StudentPay reserves the right to vary or amend the Terms at any time, and any variation or amendment will take effect with respect to Contracts entered into from the date the Student is notified.