Terms & Conditions

I (which expression includes the parent/guardian who has signed this contract) hereby apply to enrol in the course commencing at the campus as indicated on the Application form (“the Application”). I agree that on acceptance of the Application by Martin College (“the College”), the Application will become the Contract of Enrolment (“the Contract”) and further, I agree to abide by the following terms and conditions of enrolment:

1. I agree that it is a condition of my enrolment that I attend all scheduled classes except where there is a legitimate reason for non-attendance which is acceptable to the College (for example, illness supported by a Doctor’s Certifi cate). If my enrolment terminates due to a breach of this condition I understand and agree that I may not be entitled to any refund of the tuition fees or other charges paid to the College under the Contract.

2. I agree that I am required to use my best endeavours to meet the requirements of the course selected and to abide by the rules and regulations of the College. I understand that if I breach any of the College’s rules or my behaviour is deemed unacceptable by the College, my enrolment may be cancelled and I may not be entitled to any refund of the tuition
fees or other charges paid to the College under the Contract. (Information on the College’s policies, rules and regulations is located on the website http://www.martincollege.edu.au/)

3. I agree that all lessons and any related material supplied by the College are copyright, remain the property of the College and must be returned to the College on completion of the course.  I understand that any unauthorised copying may constitute a breach of the Copyright Act 1968 (as amended).

4. I agree that I am responsible for my own books, equipment and personal items and I hereby release, indemnify and hold harmless the College against all liability and claims for any loss or damage to such items, howsoever caused. 

5. I agree that I may be required, and permission is hereby granted, to attend organised College excursions and activities as part of the course. 

6. I agree that the College is hereby authorised to obtain medical treatment for myself should such action be deemed necessary by the College or a staff member acting on behalf of the College.  I agree to indemnify and hold harmless the College and its staff for any expense, loss, damage or liability of whatsoever nature or howsoever occasioned as a result of authorising and arranging such emergency medical treatment.

7. I agree to pay the tuition fees and other charges applicable for my course on the due dates and acknowledge and agree that tuition fees may alter from time to time. I understand that a late payment fee of A$100 per month is payable on accounts which remain unpaid 14 days after the due date for payment.

8. I understand that if after commencing the course, I discontinue my program before completion, I may remain liable to pay the full course tuition fees and any expenses, costs or disbursements incurred by the College in recovering any outstanding monies, including debt collection agency fees and solicitors’ costs. 

9. Course fees do not include the cost of text books; I agree to purchase these where required by the College. 

10. I understand that transfer between campuses of the College will only be possible if approved in advance by the Department of Immigration and Citizenship (DIAC) as well as the relevant Campus Directors, and that extra fees may apply. 

11. I agree to advise the College of any change of my address while I am enrolled in the course.

12. I acknowledge that I have read and understood the Student Grievance Policy outlined in this brochure and on the website at www.martincollege.edu.au 

13. I hereby acknowledge that I have read, understood and agree to the terms of the Cancellation and Refund Policy outlined in this brochure and on the website at www.martincollege.edu.au 

14. I confirm that the terms and conditions of this offer have been explained to me and understand that any variation of those stated terms and conditions of the Contract must be provided in writing and be signed by an authorised officer of the College.
  

Cancellation and refund policy - International students

1. All notifications of withdrawal from a course or requests for refunds must be made in writing to the Campus Director.

2. Enrolment fees are non-refundable.

3. The College will refund within 28 days and without deduction, all tuition fees paid where the student’s Application for Admission is refused by the College.

4. The College agrees to refund within 28 days and without deduction, all tuition fees paid where the student produces certifi ed evidence that the application made by the student for a student visa has been rejected by the Australian Immigration authorities.

5. Where a student’s course of study is terminated for a serious breach of the College rules or a breach of visa conditions, including nonattendance or unsatisfactory progress, there
will be no refund of any moneys paid.

6. The College agrees to refund within 28 days of the receipt of written notice of cancellation by the student (or parent or guardian if the student is under 18 years of age), tuition fees paid by or on behalf of the student less the amounts to be retained as agreed and as detailed below:

a) Where a student has enrolled in a package of courses, such as an Embassy CES and/or Martin College course immediately prior to the commencement of their principal Martin College course, the course commencement date for the purpose of this clause will be deemed to be the commencement date of the first course in the package.

b) If written notice is received 28 days or more before the date of course commencement, then a non-refundable amount equivalent to 30% of the tuition fee shall be applicable to all enrolments.

c) If written notice is received 27 days or less before the date of course commencement, then a non-refundable amount equivalent to 50% of the tuition fee shall be applicable to all enrolments.

d) If written notice is received on or after the date of course commencement, there will be no refund of any moneys paid unless the Campus Director deems that exceptional circumstances apply. 

e) If a student withdraws from a course before the deemed commencement date, and the College has paid an amount to a representative in relation to recruitment, the refund will be further reduced by that amount.

f) Fees may also be payable under Clause 8 of the Terms and Conditions.

7. In the unlikely event that the College is unable to deliver your course in full, you will be offered a refund of all the course money you have paid to date. The refund will be paid to you within 2 weeks of the day on which the course ceased being provided. Alternatively, you may be offered enrolment in a suitable alternative course by the College at no extra cost to you. You have the right to choose whether you would prefer a full refund of course fees, or to accept a place in another course. If you choose placement in another course, the College will ask you to sign a document to indicate that you accept the placement.

If the College is unable to provide a refund or place you in an alternative course our Tuition Assurance Scheme (TAS) provider will place you in a suitable alternative course at no extra cost to you. Finally, if our TAS provider cannot place you in a suitable alternative course, the ESOS Assurance Fund Manager will attempt to place you in a suitable alternative course or, if this is not possible, you will be eligible for a refund as calculated by the Fund Manager.

8. Homestay/Lodge Refunds (All Campuses) I understand that if:

a) I cancel my accommodation less than 7 days before arrival, I will be charged the Accommodation/Homestay Placement Fee (if applicable), plus a cancellation fee equivalent to 1 week of accommodation.

b) I cancel my accommodation after arrival, 4 weeks of notice is required; any accommodation fees in excess of the notice period will be refunded less a 10% cancellation fee.

9. This agreement, and the availability of complaints and appeals processes, does not remove the right of the student to take action under Australia’s consumer protection laws.
  

Overseas Student Health Cover (OSHC) Refund Policy

If a student is transferring from Australian Health Management (AHM) to another provider or cancelling cover, a request must be made in writing to Martin College. As stated in the Australian Health Management Policy document which is sent out with membership cards, the first refund for a student each calendar year is processed free of charge. Additional refunds will incur a service charge of $20 each time.
 

Cancellation and refund policy - Local students

1. Enrolment fees are non-refundable.

2. The College will refund within 28 days and without deduction, all tuition fees paid where the student’s Application for Admission is refused by the College.

3. Where a student’s course of study is terminated for a serious breach of the College rules or a breach of visa conditions, including nonattendance or unsatisfactory progress,
there will be no refund of any moneys paid. (Information on the College’s policies, rules and regulations is located on the website www.martincollege.edu.au)

4. The College agrees to refund within 28 days of the receipt of written notice of cancellation by the student (or parent or guardian if the student is under 18 years of age), tuition fees paid by or on behalf of the student less the amounts to be retained as agreed and as detailed below:

a) If an enrolment is cancelled prior to commencement, a cancellation fee equivalent to the Enrolment Fee will apply.

b) If an enrolment is cancelled within 28 days after commencement of the course, a cancellation fee equivalent to 50% of the total course tuition fee will apply.

c) If an enrolment is cancelled later than 28 days after commencement of the course, a cancellation fee equivalent to 100% of the total course tuition fee will apply.

d) Fees may also be payable under Clause 8 of the Terms and Conditions.

e) In the unlikely event that the College is unable to deliver your course in full, you will be offered a refund of all the course money  you have paid to date. The refund will be paid to you within 2 weeks of the day on which the course ceased being provided. Alternatively, you may be offered enrolment in a suitable alternative course by the College at no extra cost to you. You have the right to choose whether you would prefer a full refund of course fees, or to accept a place in another course. If you choose placement in another course, the College will ask you to sign a document to indicate that you accept the placement.
   

Student grievance policy - All students

In the event of a dispute between an individual student and the College, internal procedures are in place to facilitate the resolution of the dispute. If the student remains dissatisfi ed with the outcome, they may seek independent external mediation through The Institute of Arbitrators and Mediators of Australia (IAMA). 

A summary of the internal grievance procedures

1. Code of Conduct, Attendance and Discipline
Students are expected to abide by the terms and conditions of enrolment and the published rules and code of conduct of the College. Disciplinary procedures will be applied in the event of a breach of these rules. All staff members are expected to apply the College’s policy and rules fairly and without favour, but if
a student considers that this has not occurred, the student may refer the matter to the Campus Grievance Counsellor. The complaint may either be dealt with by that person, or
referred to the Campus Director for resolution. The decision will be conveyed in writing to the parties. If either the action taken or the outcome does not satisfy the student, he/she may write to the Managing Director, who will in turn convey a decision in writing to the student.

2. Service and Academic Programs
In the event of a student complaint concerning the quality of the service or teaching provided by the College, the student will report the matter to Campus Grievance Counsellor. The complaint may either be dealt with by that person, or referred to the Campus Director for resolution. The decision will be conveyed in writing to the parties. If either the action taken or the outcome does not satisfy the student, he/she may write to the Managing Director, who will in turn convey a decision in writing to the student.

3. Contractual and Financial Issues
Matters relating to the interpretation of the Contract, or the payment or refund of moneys, are stated clearly within this document. Any queries relating to course fees and other charges payable to the College (or refunds) will initially be dealt with by the College Finance and Administration staff. If the student is dissatisfied with the decision, the matter will be referred to the Campus Director. If either the action taken or the outcome does not satisfy the student, he/she may write to the Finance Director, who will in turn convey a decision in writing to the student.

This agreement, and the availability of complaints and appeals processes, does not remove the right of the student to take action under Australia’s consumer protection laws. Additionally, students can access independent dispute resolution services through the relevant Australian State Education Authority responsible for approving providers to
offer courses to overseas students. For example, students in Queensland who are concerned about the conduct of a provider may contact officers of the Queensland Department of Education, Training and The Arts. The chief executive of that department has power under the Education (Overseas Students) Act to investigate, suspend or cancel the registration of a provider or a course within that state.
 

Credit card payments

Payment made by credit cards (Visa, Mastercard and American Express) will attract a 2% surcharge.
  

Airport pickup refunds

For cancellations less than 48 hours before arrival no refund will apply.
  

Changes to arrangements - All students

After course commencement, the College reserves the right to charge an Adjustment Fee of AU$150 each time course or accommodation details are changed after a place has been confirmed. This fee will not apply to upgraded or extended courses.
  

Services

The College reserves the right to change the particulars of the services, including changes to prices, courses, facilities and dates of programs where circumstances beyond the College’s control necessitate such changes or where the level of enrolments does not reach the minimum numbers required to operate a course viably.
  

Liability

Martin College and its staff and representatives will not be liable for loss, damage or injury to persons or property howsoever caused, except where liability is expressly imposed by law. Martin College will not be liable in the event that any service contracted to be supplied by Martin College becomes impossible to supply for any reason or any cause outside the
control of Martin College.
 

Education services for overseas students framework

Australia has a reputation as a safe, progressive and dynamic place to study. We maintain this reputation by providing quality education delivered in accordance with the ESOS framework which is the consumer protection specifi cally developed for overseas students. A description of the ESOS framework is available electronically here >>>

Please note that information is collected by the College during each student’s enrolment in order to meet its obligations under the Education Services for Overseas Students Act 2000 (ESOS Act), the Education Services for Overseas Students Regulations 2001 (ESOS Regulations) and the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (The National Code). This is to ensure students’ compliance with the conditions of their visas and their obligations under Australian immigration laws generally. The authority to collect this information is contained in the ESOS Act 2000, the ESOS Regulations 2001, and The National Code 2007, all of which are parts of the ESOS framework.

Information collected about each student during enrolment can be provided, in certain circumstances, to the Australian Government and designated authorities and, if relevant, the Tuition Assurance Scheme and the ESOS Assurance Fund Manager.  In other instances information collected during enrolment can be disclosed without the student’s consent where authorised or required by law.