I (which expression includes the parent/guardian who has signed this contract) hereby apply to enrol in the course commencing at the campus indicated on the Application for Admission form (‘the Application’). I agree that on acceptance of the Application by Martin College (‘the College’), and my subsequent receipt and return of the Acceptance of Offer (‘the Offer’), the Offer 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 achieve satisfactory academic progress throughout my course at a rate that will enable me to complete the course in the nominated duration.
 
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.
  
3. I agree that all lessons and any related material suppliedby 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 AU$100 per month is payable on accounts which remain unpaid 14 days after the due date for payment. I also understand that failure to pay my tuition fees may result in my course being cancelled.
  
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 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 any course. 
 
12. I acknowledge that I have read and understood the Student Grievance Policy.
 
13. I hereby acknowledge that I have read, understood and agree to the terms of the Cancellation and Refund Policy.
 
14. I confirm that the terms and conditions 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 agrees to refund within 4 weeks and without deduction, all tuition fees paid where the student produces certified evidence that the application made by the student for a student visa has been rejected by the Australian Immigration authorities.
 
4. Where a student’s course of study is terminated for a serious breach of the College rules or a breach of visa conditions there will be no refund of any monies paid.

5. The College agrees to refund within 4 weeks 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 written notice is received 4 weeks 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.
b) If written notice is received less than 4 weeks before the date of course commencement, then a non-refundable amount equivalent to 50% of the tuition fee shall be applicable to all enrolments.
c) If written notice is received on or after the date of course commencement, there will be no refund of any monies paid unless the Campus Director deems that exceptional circumstances apply.
d) Fees may also be payable under Clause 8 of the Terms and Conditions.
 
6. In the 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 less the total of the prescribed amounts relating to Martin College expenses incurred by you for the course before the default day. 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.

7. If you fail to meet the Martin College progression rules and are not permitted by Martin College to maintain enrolment in your course you will be eligible for a refund of the amount of course fees paid in advance of the date of notification of exclusion from Martin College.

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 the applicant has not arrived in Australia, the College will refund the OSHC directly. If the applicant has arrived in Australia and is:

a) discontinuing studies and returning home;
b) transferring to another provider; or
c) no longer on a student visa,

then OSHC Worldcare will organise the refund.

Refunds are processed on a pro-rata monthly basis. Refund application forms are available on the OSHC Worldcare website at http://www.oshcworldcare.com.au

Airport Pick Ups Refund Policy

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

However, if when a student arrives at the airport, the Airport Pick Up service provider cannot be located, the student should contact the 24-hour phone number provided. In such circumstances, the College agrees that if the student has advised our emergency contact that he/she has not been met at the Airport, and alternative arrangements have not been made, then a full refund of this service fee will apply.

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 dissatisfied with the outcome, they may seek independent external mediation through the ACPET External Students Appeals Service.

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 and Training. 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.  This surcharge will be waived if all fees are paid in full before the commencement date of the student’s course.

Publicity

Students and their parents or guardians agree that the student’s photo, video footage, details and achievements may be used for promotional purposes without written consent or notification. If you do not agree, please contact the College in writing.

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 specifically developed for overseas students. A description of the ESOS framework is available electronically at www.aei.dest.gov.au/AEI/ESOS/QuickInfo/ESOS_FrameWork_pdf.pdf    
   
Please note that information is collected by the College during each student’s enrolment in order to meet its obligations under the ESOS framework. 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 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.