Terms and Conditions

Cancellation and Refund Policy

In this Refund Policy and as the context permits,
1. “Administration Fee” includes, but is not limited to, bank and any other charges/costs related to the refund and transfer of any refund.
2. “Application Fee” means the fee payable to us in your application to enrol in a course with us.
3. “us”, “we” or “our” means Young Rabbit Pty Ltd trading as Australian Pacific College and Southern Cross High School (APC/SCHS).
4. “you” or “your” means the Student and as the context permits includes the Student’s legal guardian.
5. “Cancellation Fee” means an amount equal to 20% of the Course Fee.
6. “College” means Australian Pacific College/Southern Cross High School (APC/SCHS).
7. “Course Fee” means the fee for Your Course, based on the total course duration you apply for, whether or not received by us.
8. “Course Start Date” means the date your course was scheduled to start at the time you submitted your application to us.
9. “Notice to Withdraw” means a written notice from you, or, if you are under the age of 18 years, your legal guardian, withdrawing from Your Course or cancelling your enrolment in Your Course.
10. "Student Default" includes circumstances where: (i) you failed to pay an amount you are liable to pay to us, directly or indirectly, in order to undertake the Your Course; (ii) you breached a condition of your student visa; (iii) you have misbehaviour at the College.
11. "Your Course" means the course which you have enrolled in with us.

This refund policy is made strictly in accordance with the guidelines set down by the Education Services for Overseas Students Act 2000 and Education Services for Overseas Students Regulations 2001 (refer to http://www.dest.gov.au/esos/ for more information).

Withdrawing for a course

You may withdraw from or cancel your enrolment in Your Course at any time and for any reason by providing a Notice to Withdraw. However you will not receive a refund of course fees unless you are entitled to a refund under clause 4 below.
If you wish to make an application for a refund of the course fee you must provide us with a Notice to Withdraw. The Notice to Withdraw is deemed to be your application for a refund of the Course Fee

Refunds

If we receive your Notice to Withdraw:

at any time before the Course Start Date, we will refund your Course Fee less the Cancellation Fee and less any other fee referred to in this Refund Policy; or
on or after the Course Start Date, no refund of the Course Fee will be made; or
and you have been, as a result of misbehaviour, suspended from Your Course or expelled from the College, no refund of the Course Fee will be made; or
in any other circumstances not referred to in clauses 4.a, 4.b and 4.c above or in clause 4A, no refund of the Course Fee will be made.

Refund in case of refusal of student visa

If your attendance at Your Course is dependant upon you obtaining a student visa and you are refused a student visa and as a result of such refusal you fail to start Your Course on the Course Start Date, you provide us with a “Notice to Withdraw” or you fail to pay an amount you are liable to pay to us (the earliest of which dates is to be the “default date”), then we will refund your Course Fee less:

administration expenses totalling no more than the lesser of:
(i)$250; and
(ii)5% of the total amount of Course Fee that we received in respect of Your Course before the default day;
the part of any Service Fees that cannot be offset by providing the services to someone else;
the amount of any compulsory union fees;
the cost of any books, equipment and other materials needed for the course; and
the proportion of the Course Fee that we received in respect of Your Course before the default day that is equal to the proportion of Your Course that was provided to you before the default day.

For the purpose of payment of refund, the date of receipt by us of the Notice to Withdraw is the date you are taken to have withdrawn from or cancelled your enrolment in Your Course.

Any refund required to be made under clauses 4 or 4A above, will be made directly to you or to your legal guardian (where you are under the age of 18 years) within the timeframes and provisions of the ESOS Act 2000 and the ESOS Regulations 2001. The time frame is from the date of receipt by us of the Notice to Withdraw or in accordance with any original written direction that we may receive from you or your legal guardian (as applicable).

Non-refundable Fees and charges

The Application Fee and Services Fees must be paid to us and are non-refundable under any circumstance. You agree that we may deduct any unpaid Application Fee and Services Fees from the Course Fee.

You agree that you are liable to pay us the Administration Fee and that we may deduct the Administration Fee from the Course Fees.

Where the Course Fee is paid in instalments and you have withdrawn from or cancelled enrolment in Your Course, you are liable to pay and agree to pay within 21 days of the date of issue of our invoice:

all Cancellation Fees, all unpaid Services Fees and the Administration Fee; and,
b. where you have withdrawn from or cancelled enrolment in Your Course on or after the Course Start Date, all unpaid Course Fee.

Refund of the Course Fee will only be made in Australian currency. You agree that we are not responsible for currency exchange rate fluctuations and/or delays or loss of refund in transit (mail, courier, telegraphic transfer or otherwise.)

Cancellation of Course

We will refund any Course Fee or part thereof we have received from you regardless of whether or not we have your Notice to Withdraw if:

a. Your Course does not start by the Course Start Date or such later date as mutually agreed between you and us, or
b. we cease to provide Your Course at any time after it starts but before it is completed, provided always that, if we arrange for another course, or part of a course, to be provided to you, whether by us or another provider, at our expense and you agree to accept the other course, or part of a course, we are not required to refund and no refund of Course Fee will be made to you.

Circumstance where there is no refund

Despite any provision in this refund policy, if we refuse to provide, or continue providing Your Course to you because of Student Default by you, no refund of course fees will be made to you and you will not be entitled to any refund of course fees whatsoever. In particular you will not be entitled to any refund or partial refund of the course fee if you are, as a result of misbehaviour or misconduct:

suspended from Your Course; or
expelled from the College.

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.

IMPORTANT

No refunds are possible unless APC procedures are followed. APC reserves the right to change its procedures without notice, according to its own requirements, or Australian Government regulations. However, this does not circumscribe the student’s right to pursue other legal remedies.

Accommodation and Airport Pickup

If you require accommodation and/or airport pickup you must:

Pay the appropriate fees.
Advise APC of your arrival details (flight Number, date and time of arrival) at least 2 weeks prior to your arrival in Australia.
APC will then send you full details of your accommodation and confirmation of airport pick-up.