StudentPay Terms & Conditions

Terms and Conditions

The purpose of these terms and conditions (Terms) is to provide guidance for Students 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 Plan Agreement except 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 by an Education Provider Partner;

(i) Force Majeure Event means any event that is beyond 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) 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 applications thereof;

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

(m) Payment Plan Agreement means an agreement under which financial accommodation is made available by StudentPay to a Student;

(n) Privacy Policy means the privacy policy maintained by StudentPay as published on the Website;

(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.

2. Acceptance, Refunds and Cancellation

2.1 To be considered for a Payment Plan Agreement, a Student must meet the entry requirements specified in this clause.

2.2 Students must be at least 18 years old and an Australian resident. Students over 16 but under 18 may be eligible with parent/guardian consent.

2.3 Students may be required to provide documentation confirming their identity and eligibility to Enrol. This may include:

(a) Australian Passport;

(b) Passport with Australian visa; or

2.4 StudentPay may reject applications that do not meet requirements. Special consideration may be granted at StudentPay’s discretion.

2.8 A contract (Contract) is formed when a Student signs the declaration and receives a welcome email.

2.9 Students must provide all information reasonably required to assess eligibility and must update StudentPay of any changes.

2.12 Refunds are processed in accordance with the Education Provider Partner’s refund policy and require confirmation from the provider.

3. Course Fees

3.1 The Student agrees to pay the Course Fee in line with the Payment Plan schedule.

3.2 The following fees and charges apply:

(i) Interest Rate: 0%

(ii) Establishment Fee: $0

(iii) Monthly Account Keeping Fee: $8.00

(iv) Dishonour Fee: $2.50 per failed payment

(v) Late Fee: $15.00/month if payment is more than 60 days overdue

(vi) Reasonable enforcement or recovery-related fees may also apply

3.3 Early payments are allowed without penalty. Scheduled instalments must still be paid on their due dates until all obligations are met.

3.4 Students must maintain a valid Direct Debit Request (DDR) or recurring payment authority.

3.5 Students authorise StudentPay to:

(i) Debit nominated accounts;

(ii) Retry failed payments;

(iii) Use alternate payment methods provided; or

(iv) Recover outstanding balances using legal means.

4. Intellectual Property

4.1 All Intellectual Property remains the property of StudentPay or its suppliers.

4.2 Students must keep such Intellectual Property confidential.

4.3 Students must not copy, share, modify, or assert ownership over the Intellectual Property.

5. Complaints and Feedback

5.1 Complaints and feedback are welcomed and help improve our service.

5.2 Complaints should be submitted via email to support@studentpay.com.au. We aim to respond within 10 Business Days.

5.3 If unresolved, the dispute resolution process in our Complaints Handling and Dispute Resolution Policy will apply.

6. Default

6.1 If the Student breaches the Terms, StudentPay may issue a notice requiring remedy within 7 days (or immediately, if the breach cannot be remedied).

6.2 StudentPay may recover all costs associated with any breach, including legal or recovery fees.

6.3 A Student is in default if:

(a) an instalment is unpaid for more than 60 days; or

(b) they fail to provide valid payment authority.

6.4 If default is not corrected within 7 days:

(a) Full fees may become immediately due;

(b) StudentPay may report the default to credit bodies;

7. Force Majeure

7.1 If a Force Majeure Event occurs:

(a) Student obligations continue

8. Limitation of Liability

8.1 These Terms do not exclude consumer rights under Australian Consumer Law.

8.2 StudentPay’s liability is limited to re-supply or refund of the Payment Plan value.

8.3 StudentPay disclaims liability for indirect or consequential losses.

8.4 Maximum liability is limited to the amount paid under the relevant Payment Plan Agreement.

9. Privacy

9.1 StudentPay collects, stores, uses and discloses personal information as outlined in its Privacy Policy, available on the Website.

10. Notices

10.1 Notices may be sent electronically unless otherwise required.

10.2 Students must keep their contact information up to date.

10.3 Notices are effective when sent to the last known contact details.

11. General

11.1 Invalid provisions do not affect the rest of the Terms.

11.2 StudentPay may assign its rights without consent, provided no material detriment occurs.

11.3 Time is of the essence for Student obligations.

11.4 Terms are governed by the laws of Victoria, Australia.

11.5 Implied warranties are excluded to the extent allowed by law.

11.6 Waivers must be in writing and signed.

11.7 StudentPay may update these Terms at any time. Changes apply from the date the Student is notified.

11.8 The Student may not assign or novate this agreement. StudentPay may assign its rights or sell the debt without consent.

12. Personal Information and Communications

12.1 The Student authorises StudentPay and the Course Provider to collect, use, and disclose personal information for plan administration, including:

(a) Communication about payments;

(b) Identity checks and credit reporting;

12.2 Students can unsubscribe from marketing communications at any time.

13. Standard of Service

13.1 StudentPay will deliver services with reasonable care and in line with policies.

13.2 Secure third-party providers (e.g., PCI DSS compliant) may be used for payments and identity checks.

Privacy Policy

StudentPay Pty Ltd ACN 648 058 986 (referred to as StudentPay, we, us or our) has implemented this Privacy Policy to provide you with information about how we collect, hold and use Personal Information (defined below) collected about you from a third party or through:

(a) our website (www.studentpay.com.au), and associated interfaces (such as mobile sites and through tablet applications) (Website); or

(b) any other means (including as a current or future student of an education provider partner, a participant in promotional activities, a supplier to us).

By providing your personal information to us directly or indirectly, you accept the terms of this Privacy Policy.

We are committed to the protection of your Personal Information in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles set out in the Privacy Act (Privacy Principles).

To the extent we collect any health information, we will also comply with various state-based laws in respect of such information, to the extent applicable to us. If you have any concerns or wish to make any inquiries regarding this Privacy Policy, you should contact us as specified in clause 13.

We may, from time to time, review and update this Privacy Policy including to take into account new laws, regulations and technology. All Personal Information collected by us will be governed by our most recent Privacy Policy, posted on our Website.

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.

1. What is “Personal Information”?

“Personal Information” is information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained.

Personal Information covers “sensitive information”, which includes information regarding ethnicity or racial origin, philosophical beliefs, criminal records and health information.

2. When and why we collect Personal Information

2.1 We may collect, use, store and transfer different kinds of personal information about you. We collect it to manage our relationship with you and perform functions and activities relating to our business as further described in clause 4.

2.2 The type of information that we collect from you will depend on how you engage with us. We may collect Personal Information such as your name, email contact details, telephone numbers, residential and postal addresses, gender, residency status, date of birth, driver’s licence and/or passport details, employment and education history, occupational, educational and personal interests, banking and payment details, security question and answer, when you:

(a) access and use our Website, including by filling in a form or signing up to our email mailing list;

(b) make an enquiry about our products on our Website or on one of our partner websites, over the phone or through written communication;

(d) provide it directly to us or our agents or contractors; (e) request technical support or assistance;

(f) apply for a payment plan;

(g) provide feedback to us;

(h) participate in any of our promotions or competitions;

(i) connect with us by telephone, email, through social media such as Facebook, post or in person;

(j) apply for a position with us; or

(k) you otherwise submit Personal Information about yourself, or someone else, to us or our Website.

2.3 We will only collect your Personal Information from third parties if you give the third party your consent to provide the information to us or it would be reasonably expected.

2.4 If someone refers you to us, we may store your Personal Information in our database. If someone other than you provides us with Personal Information about you that we did not ask for, or you provide us with unsolicited Personal Information, we will only hold, use or disclose this information if we determine that we could have collected this information from you had we asked for it. In this circumstance we will take all reasonable steps to notify you of the collection of that information. If we could not have collected this Personal Information, we will lawfully de-identify or destroy that Personal Information.

2.5 If you contact us, we may keep a record of that correspondence. Information collected from our telephone providers includes phone numbers, time duration of the call and the call quality.

2.6 We may collect any other Personal Information that you submit to us, including via our Website.

2.7 We will only collect sensitive information if you consent and it is relevant to providing our services.

3. If you are under 18 years of age

If you are under 18 years of age you must ask your parent or legal guardian to approve your provision of personal information before you submit your personal details to us.

4. How we use the Personal Information we collect about you

4.1 This Privacy Policy deals with personal information of registered users, customers, service providers and other third parties.

4.2 We use the Personal Information we collect about you for our business functions and activities, which may include the following:

(a) to identify you, verify your identity and remind you of your password and username;

(b) to communicate with you and to provide you with information, products or services that you have requested;

(d) to arrange for services to be provided by our service providers so that they can provide you with products or services you have requested, including contacting you in relation to such products or services;

(e) to customise your experiences on our Website and provide a better service or product to you, including automatically populating forms on our Website by which you make enquiries;

(f) to combine your Personal Information with information that we have collected from our service providers, third parties, cookies or web beacons in order to provide you with a better or more personalised experience and to improve the quality of our services;

(g) to contact you to obtain your feedback, to find out your level of satisfaction with our products and services and for other market research activities;

(h) to promote and market our products and services to you;

(i) to inform you about upcoming events, special promotions or offers which we believe may be of interest to you;

(j) for internal operations, such as record keeping and data analytics; and

(k) in the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganisation, merger, acquisition by another company, sale of all or part of our business assets, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, for the purpose of facilitating and completing the transaction. In these circumstances, please note that your Personal Information may be among the assets transferred.

4.3 We may collect and use your Personal Information for other purposes not listed above. If we do so, we will make it known to you at the time we collect or use your Personal Information.

4.4 With your consent, we may also use sensitive information collected to assist you in conveniently and easily accessing the services that we offer.

4.5 We will only collect and use your Personal Information in accordance with this Privacy Policy.

4.6 If you choose not to provide your Personal Information to us for the purposes set out in this Privacy Policy, we may not be able to undertake certain activities for you such as providing you with requested information, products or services.

5. To whom we disclose your Personal Information

5.1 In order to carry out the above purposes, we may disclose your Personal Information to third parties that provide products and services to or through StudentPay, financial institutions, our professional advisers, and other parties to whom we are authorised or required by law to disclose information.

5.2 If you enter into a contract with us, you consent to us sharing your Personal Information with a debt collection agency if you miss or default on payments.

5.3 We may also disclose your Personal Information to:

(a) our Website host or software application providers in certain limited circumstances, for example when our Website experiences a technical problem or to ensure that it operates in an effective and secure manner;

(b) digital marketing and other service providers and social media platforms such as Facebook and Instagram; and

5.4 We may also disclose your Personal Information to:

(a) government and law enforcement agencies and regulators; and

(b) entities established to help identify illegal activities and prevent fraud where authorised by law.

5.5 You acknowledge that third parties are not covered by this Privacy Policy and may have their own terms and conditions and privacy policies. If you choose to access any third party sites, you do so at your own risk. StudentPay is not responsible for, and will not be liable in respect of, the content or operation of those websites or any of the goods, services or content that they describe. StudentPay is not responsible for, and will not be liable in respect of, any incorrect link to an external website.

5.6 We may also disclose your personal information to anyone authorised by you, or to whom you have provided your consent (either expressly or impliedly) or where another permitted general situation applies (as defined in Section 16A of the Privacy Act).

6. Does Personal Information leave Australia?

6.1 The nature of the Internet means that some of your Personal Information may be transferred, stored, processed or used overseas by us or by third party service providers. This may happen if we outsource certain activities overseas (in Europe or Asia) or if transactions, information, services or products have an overseas connection. These services typically include data-storage related services such as information being stored in the “cloud”.

6.2 To assist in providing our services we use:

(a) Pinch Payments whose services are provided, supported and hosted in Australia.

6.3 To the extent that the laws and rights of these countries are not equivalent to the laws of Australia, you agree to be bound by the laws and rights of the relevant extraterritorial jurisdiction. The United States of America has data protection laws that are not equivalent to the laws of Australia and you may not have equivalent rights of enforcement.

6.4 To the extent Personal Information is transferred, stored, processed or used overseas by us or by third party service providers you consent to the collection, use, storage, and processing of your Personal Information outside of Australia.

7. Marketing

7.1 We may use your Personal Information (other than sensitive information, which requires your consent to be used in this manner) to provide you with marketing material about us, our services, or products that we think may be of interest to you, including through emails, SMS, MMS, mobile push and other electronic messages, or by telephoning you. We do not disclose any personally identifiable information to third party advertisers.

7.2 You may opt-out of receiving marketing information from us at any time by:

(a) clicking on the “Unsubscribe” link included in any marketing email, SMS, MMS, mobile push and other electronic message you receive from us; or

(b) where no “Unsubscribe” link is provided, contacting us as specified in clause 13. Please note that where there is no “Unsubscribe” link provided, we will draw your attention to the fact that you can request to opt out and will provide you with the details of how to do so.

7.3 You agree and acknowledge that even if you opt out of receiving information about future events or marketing material, we will still send you essential information that we are required to send you relating to the services we provide.

8. Information collected via our Website

Click Stream Data

8.1 When you visit and browse our Website, our Website host may collect information for statistical, reporting and maintenance purposes.

8.2 The information collected by our Website host will not be used to identify you. The information may include:

(a) the number of users visiting our Website and the number of pages viewed;

(b) the date, time and duration of a visit;

(d) the path taken through our Website.

8.3 Our Website host may use this information to administer and improve the performance of our Website.

8.4 Cookies are small text files that are transferred to a user’s computer hard drive by a website for the purpose of storing information about a user’s identity, browser type or website visiting patterns. Cookies may be either “persistent” or “session” cookies. A persistent cookie will be stored on the user’s computer and will remain valid until its set expiry date, unless deleted by the user before then. A session cookie, on the other hand, will expire at the end of the user session, when the internet browser is closed.

8.5 If you access our Website, a cookie may be downloaded onto your hard drive when you first log on to our Website. Our Website may use both session cookies and persistent cookies.

8.6 We may use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve the Site in order to tailor it to users’ needs. We only use this information for statistical analysis purposes, after which the data is removed from the system. Overall, cookies help us provide you with a better Website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

8.7 You can adjust your internet browser to disable cookies, or you can delete cookies already stored on your computer, however, we may not be able to provide you with all the service or functionality you require on our Website if you choose to do so.

9. Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)

9.1 Before StudentPay provides a product or service to you, or to a person connected with you, we may (where you are an individual) be required to collect your personal information to comply with customer identification obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AMLCTF Act).

9.2 The personal information we collect for this purpose typically includes identification information, such as name, residential address and date of birth. In some cases, we may need to collect information about the political activities and opinions of individuals to determine whether they are politically exposed persons for the purposes of the AMLCTF Act. If we ask for this information, and you provide it to us, we will infer your consent to use and disclose the information for this purpose.

9.3 In certain circumstances, we may need to clarify and/or update the personal information we previously collected for identity verification purposes, and/or collect further information, including financial information about individuals. Where this is necessary, we will collect the information directly from you and/or from third party sources.

9.4 As a part of our AMLCTF verification processes we may need to take copies of your personal identification documents in order to verify your identity in accordance with the requirements of that Act, or

9.5 The information obtained used by StudentPay for an information match request to a relevant Official Record Holder and that a corresponding information match result will be provided via the use of third party systems and you provide StudentPay with express consent to do so.

10. Accessing your information and making a complaint

10.1 You are entitled to request access to the Personal Information that we hold about you. If you request access to your Personal Information, we will grant your request within a reasonable period of time and, where reasonable and practicable, give access to the information in the manner you request. This will be subject to any exemptions provided under the Privacy Act. If we refuse your request to access your Personal Information, we will provide you with reasons for the refusal.

10.2 Where it is practical to do so, when contacting us, you have the option to either not identify yourself or to use a pseudonym. However, this will not apply if we are required or authorised under Australian law (or a court or tribunal order) to only deal with individuals who have identified themselves.

11. Updating, storage and security of Personal Information held by us

11.1 We aim to keep your Personal Information secure and up to date. We use all reasonable endeavours to protect your Personal Information from misuse, interference, loss, unauthorised access, modification or disclosure. If you reasonably believe that there has been unauthorised use or disclosure of your Personal Information please contact us using the details below as specified in clause 13.

11.2 Any Personal Information which is held on our systems is protected by safeguards including physical, technical (e.g. firewalls, SSL encryptions etc) and procedural methods.

11.3 Personal Information that is held by us in hard copy is stored securely on our premises.

11.4. All transactions processed by us meet industry security standards to ensure payment details are protected.

11.5 You warrant that you will not act in a manner that results in us collecting, using or storing information that is in breach of our obligations at law.

11.6 Notwithstanding clauses 11.1, 11.3 and 11.4, StudentPay can not, and does not, guarantee that our systems or the Website will not be the subject of any unauthorised access or use of Personal Information by third parties or to other information security risks. Where we identify, or are informed of, a notifiable data breach, we will undertake notification and rectification as required by the Privacy Act. In the event of a notifiable data breach, where your Personal Information is involved in the breach, we will notify you and the Office of the Australian Information Commissioner if the breach is likely to result in serious harm to you.

11.7 StudentPay only retains Personal Information for as long as it is being used to provide services or information to you, or for the length of time necessary to comply with any regulatory requirements. We also maintain a register of all statements of attainments issued to students so that you can ask us for another copy.

11.8 If we find that we have no further need for your Personal Information, unless we are required under Australian law or a court or tribunal order to retain it, we will remove it from our systems and destroy all record of it or make that Personal Information anonymous.

12. Accuracy of your information

12.1 We take reasonable steps to ensure that the Personal Information held by us is accurate, complete and up to date. If you believe that any of your personal information is inaccurate, please contact us using the below details as specified in clause 13 and we will take reasonable steps to correct it.

12.2 You can update your contact and Personal Information at any time by contacting us. We welcome notification of changes to your details so we can keep our records up to date. We may also contact you from time to time to ensure that Personal Information such as your contact details and address are still current.

13. What to do if you have a question, problem or complaint about our use of your Personal Information or this Privacy Policy

13.1 For any queries or communication in relation to this Privacy Policy, including to correct or access the information we hold about you or to make a complaint, please contact our Privacy Officer:

The Privacy Officer

Address: StudentPay Pty Ltd, Level 2, 161 Collins Street Melbourne VIC 3000

Email: support@studentpay.com.au

13.2 If you wish to make a complaint about a breach of the Privacy Act by us, you may do so by providing your complaint in writing to the contact details listed above. You may also make a complaint verbally. We will seek to respond to any complaint within a reasonable period of time. We may seek further information from you in order to provide a comprehensive and complete response.

13.3 A request for access or correction to your Personal Information can also be made by contacting the Privacy Officer as specified above.

13.4 You may also make a complaint to the Office of the Australian Information Commissioner (OAIC). You may contact the OAIC via telephone on 1300 363 992, by submitting a complaint or inquiry online at www.oaic.gov.au or by writing to the OAIC at GPO Box 5218 Sydney NSW 2001.