Purpose
This policy describes how Property Lovers (Property Lovers) administers client fees and charges and establishes the criteria for granting refunds to ensure that the refunds of fees are made in accordance with ACCC and other relevant legislative and regulatory requirements and are adhered to in the actions and decisions made by Property Lovers.
Related Standards and Legislation
https://www.accc.gov.au/consumers/consumer-rights-guarantees/cancelling-a-service
Scope
This policy applies to all applicants currently enrolled at Property Lovers.
Responsibility
The Property Lovers General Manager and the Chief Executive Officer (CEO) have overall responsibility for financial management. Property Lovers follows sound financial management practices to safeguard any client fees paid in advance, to ensure the financial security of the organisation and to adhere to all legislative and regulatory requirements pertaining to the organisation. The CEO and the General Manager will be responsible for the implementation of this policy and to ensure that the staff are aware of its application and procedures.
Definitions
The Tuition Fee is a compulsory academic fee payable by the client for enrolled Courses offered by Property Lovers.
Agreed Start Date
Agreed Start Date means the day on which the course was scheduled to start as per the Confirmation of Enrolment notice (CoE), or a later date agreed between Property Lovers and the client for the start of the course.
Study period
At Property Lovers, a study period is defined in study periods of 12 months, 6 months, 3 months or ongoing monthly subscriptions. Enrolments greater than this are divided into study periods dependent on the total course duration.
Property Lovers default
Property Lovers defaults when:
Client default
A client default occurs when Property Lovers refuses to provide, or continue providing, the course to the client because of one or more of the following events:
Fees
Property Lovers will issue a Confirmation of Enrolment notice (CoE) and liability notice to all clients for each payment period, including the course name, the client liability status and the total outstanding fees owing.
In the absence of any agreement to the contrary, your place in a course will not be confirmed until the initial deposit is received and our bank has confirmed your payment
Refunds
All refund requests are conditional on the following:
Please note: All fees are quoted in Australian dollars and are subject to change without notice
In all cases of cancellation/suspension and/or expulsion from Property Lovers due to non-compliance with the client Code of Conduct, no refund of monies paid to Property Lovers will be made (unless required by law).
These regulations may be waived only in exceptional circumstances by the Executive Management of Property Lovers at their absolute discretion.
Special circumstances
Where a client withdraws from the course because of exceptional and extenuating circumstances of a compassionate nature, such as a death or severe illness in the immediate family, or severe illness, management may at its discretion refund a portion of the unspent fees. This is at management discretion.
Property Lovers default
In the unlikely event that Property Lovers is unable to start an advertised course or continue to deliver a course prior to its completion (known as an Property Lovers default), the Client, within 2 weeks, will be offered and can choose to accept either:
You have the right to choose a refund or the offer of placement in another course if available. Acceptance of any such offer must be confirmed in writing within 30 days of the offer being made.
If the Client chooses placement in an alternative course with Property Lovers, the Client must sign a new written agreement to indicate the client accepted the placement.
Refund Procedure
A request for cancellation and withdrawal from course and refund of fees paid should be submitted in writing to info@propertylovers.com.au, outlining the reasons for your request and any relevant details for the consideration of Property Lovers.
Refunds will be paid within 10 business days from the date of approval.
Payment of Refunds
Refunds will be paid in the same manner and currency in which the fees were collected, and paid to the person who entered the contract. We require written direction from the client to refund to another party.
Any refunds payable under this policy (with the exception of those payable as required by law in the case of cancellation/suspension and/or expulsion) will be made within the timeframes set out in this Policy.
Applications for refunds for clients must be authorised by the Property Lovers General Manager.
Client’s Right to Appeal
Any client who is refused a refund by Property Lovers may appeal within 14 days in writing to the Property Lovers General Manager in accordance with the Complaints and Appeals policy. Property Lovers’s appeal process does not circumscribe the Client’s right to pursue other legal remedies.
Your agreement to be bound by the General Conditions of Enrolment and the Refund and Cancellation Policy and the Indemnity Declaration does not remove your right to take action under the Business’s disputes resolution policy, or Australia’s consumer protection laws, or to pursue other legal remedies.
Referenced Documents
Endorsed by: Continuous Improvement and Management Committee
Date approved: May 2023
Review Date: May 2023