The following sets out the terms and conditions of Your enrolment in a course with Hawthorn Learning Pty Ltd ABN 50 124 208 171 (Hawthorn-Melbourne). In these terms and conditions:
Course means a course offered by Hawthorn-Melbourne in which You are or will be enrolled;
ESOS Act means the Education Services for Overseas Students Act 2000;
Initial Course means Your Course or, if you have a Multiple Course Enrolment, Your Course with the earliest commencement date.
Multiple Course Enrolment means enrolment in more than one Course offered by Hawthorn-Melbourne, whether the Courses are offered concurrently, consecutively or otherwise.
National Code means the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students established under the ESOS Act;
Navitas means Navitas Limited ABN 69 109 613 309;
Navitas English Entity means Navitas English Pty Ltd ABN 51 003 916 701 or Navitas English Services Pty Ltd ABN 13 002 069 730;
Principal Course means the main course of study to be undertaken where a student visa has been issued for multiple courses of study. The principal course of study would normally be the final course of study where the overseas student arrives in Australia with a student visa that covers multiple courses; and
You means the student named in the enrolment form and, if the student is under 18 years of age, his or her parent or legal guardian named in the enrolment form and Your has a corresponding meaning.
1. Cancellation and refunds
Hawthorn-Melbourne complies with the Refunds and Transfers Policy and Code of Conduct of English Australia, the ESOS Act, the National Code and any applicable State and Territory requirements. The Hawthorn-Melbourne enrolment fee is payable once only and is only refundable in limited circumstances involving provider default. To the extent of any inconsistency between these Conditions of Enrolment which is to Your detriment and any national, State or Territory requirements with which Hawthorn-Melbourne must comply, the national or State or Territory requirement prevails.
- If You provide Hawthorn-Melbourne with at least 4 weeks’ written notice prior to the commencement of Your Initial Course, Hawthorn-Melbourne will provide You with a full refund of tuition fees for that Course and any subsequent Courses.
- If You provide Hawthorn-Melbourne with less than 4 weeks’ written notice prior to the commencement of Your Initial Course, Hawthorn-Melbourne will provide You with a full refund of tuition fees for that Course and any subsequent Courses, less a 30% cancellation fee.
- In circumstances other than where Hawthorn-Melbourne ceases to provide the Course, no refund is payable for any of Your Courses after Your Initial Course has commenced.
- Except as required under the ESOS Act or the National Code, where You transfer from a more expensive Course to a less expensive Course, no refund of the difference is payable.
- If Your visa application is denied, as prescribed in section 47E of the ESOS Act, a full refund of all pre-paid Course fees, less AU$500 or 5 percent of the total amount of pre-paid fees received for the Course (whichever is the lesser), will be made provided that Hawthorn-Melbourne receives a copy of the Australian Embassy rejection letter.
- Hawthorn-Melbourne reserves the right to suspend or cancel Your enrolment because of: (a) Your failure to pay an amount You were liable to pay to Hawthorn-Melbourne (directly or indirectly) in order to undertake a Course; (b) You have breached a condition of Your student visa; (c) if You are under 18 years of age, You refuse to maintain Your approved care arrangements without sufficient reason acceptable to Hawthorn-Melbourne; or (d) behaviour unacceptable to Hawthorn-Melbourne, including but not limited to behaviour as described in the Hawthorn-Melbourne Code of Conduct as published and displayed in centres and at www.hawthornenglish.com/policies.html. If Your enrolment is suspended or cancelled by Hawthorn-Melbourne in accordance with these Conditions of Enrolment, no refund of tuition fees is payable.
- If You transfer to a course at another educational institution (excluding English language studies) and You have met the institution’s published IELTS or TOEFL score, or you have achieved a satisfactory level of English through Hawthorn-Melbourne’s agreed pathways, You may be eligible for a transfer of the unused portion of pre-paid tuition fees, less an administration fee of 30%. You must provide Hawthorn-Melbourne with evidence acceptable to Hawthorn-Melbourne of valid enrolment from the new institution and Your current attendance rate at Hawthorn-Melbourne must be over 80%. Fees will only be transferred in full weeks. If you are granted a transfer, the remaining portion of Your tuition fees will be calculated from the commencement date of the new studies. You may not be released from enrolment at Hawthorn-Melbourne prior to the commencement date of the new studies.
- In addition, if You are under 18 years of age You must have written evidence acceptable to Hawthorn-Melbourne that Your parent or legal guardian supports the transfer and written confirmation that the new institution will accept responsibility for approving your accommodation, support and general welfare arrangements if You are not being cared for in Australia by a parent or suitable nominated relative or legal guardian.
- In addition, if You are sponsored by Your government, and Your government considers the transfer to be in Your best interests and You provide Your government’s written support for the transfer acceptable to Hawthorn-Melbourne, then the remaining portion of Your tuition fees from the commencement date of the new studies may be transferred to the new course.
- If You are successful in gaining entry to another Navitas college (other than a Navitas English Entity) or Navitas university program, You may be eligible for a transfer of all remaining pre-paid tuition fees to the new Navitas location (other than a Navitas English Entity).
- Course fees are not transferable to another person nor to another English language centre, except for a Navitas English Entity.
- You will not be allowed to transfer to another institution in the first 6 months of Your Principal Course of study (except for situations outlined above). If Your Course at Hawthorn-Melbourne is a prerequisite course in a package of courses, You will not be allowed to transfer to another provider except in limited circumstances as outlined in the Hawthorn-Melbourne Transfers Between Registered Providers Policy and Procedure.
- In circumstances other than where Hawthorn-Melbourne ceases to provide a Course, refunds will be paid within 4 weeks of Hawthorn-Melbourne receiving written request.
- Hawthorn-Melbourne reserves the right to cancel a Course due to insufficient numbers. In this event, unless Hawthorn-Melbourne arranges for You to be offered a place in an alternative course at Hawthorn-Melbourne’s expense and You accept that offer in writing, Hawthorn-Melbourne will refund all Course money You have paid to date for the cancelled Course within 2 weeks of the date on which Hawthorn-Melbourne ceases to provide the Course.
- In the unlikely event of Provider default resulting in Hawthorn-Melbourne being unable to deliver all Courses in full in which You have enrolled, unless Hawthorn-Melbourne arranges for You to be offered a place in an alternative course at Hawthorn-Melbourne’s expense and You accept that offer in writing, You will be entitled to a full refund of all Course money You have paid to date. The refund will be paid within 2 weeks of the date on which Hawthorn-Melbourne ceases to provide the Course.
- Entry to all Courses is subject to Your placement test, together with consideration of any IELTS, TOEFL or equivalent test result.
- If You have paid tuition fees for a Course, Hawthorn-Melbourne may allow You to defer or postpone Your commencement of that Course in the following circumstances:
- If You give Hawthorn-Melbourne at least 28 days’ written notice before the commencement of the Course (You will have to pay any increase in tuition fees from the time of deferment to Your commencement of the Course);
- If You cannot start your Course on the agreed start date because there is a delay in receiving Your student visa before Your Course commences; or
- If You have compassionate or compelling circumstances, such as: death in your immediate family (father, mother, child, sibling, spouse only); natural disaster in your home country; You or Your dependant family member is seriously ill; You become pregnant; or You become a victim of a serious crime or trauma.
- Approval for deferral or postponement of a Course is at the sole discretion of Hawthorn-Melbourne. You must provide Hawthorn-Melbourne with documented evidence in support of your application for deferral or postponement as required by Hawthorn-Melbourne. If approved, Hawthorn-Melbourne will advise DIAC accordingly. Deferral or postponement may only be granted for a maximum of six months from the date permission is granted. Unless expressly stated otherwise in these terms and conditions, You will not be entitled to any further deferral, postponement, refund or transfer of fees.
- No refund will be made on the accommodation placement fee.
- If You wish to leave Your Homestay at any time, You are required to give 2 weeks’ notice to Your homestay family.
- The Accommodation Placement Fee will be charged for every Accommodation Placement arranged by Hawthorn-Melbourne.
- An additional fee of $200 is charged for registering parent-nominated homestay hosts who are not already registered with Hawthorn- Melbourne.
No refund of airport transfer fees will be made if You do not notify Hawthorn-Melbourne of Your flight details or any change of details at least 2 working days before arrival.
If You enrol through a representative, the refund may be paid to that representative. Monies will be refunded in the currency in which they were paid.
2. Change of Address
You must advise Hawthorn-Melbourne of Your current contact details, including residential address, phone number and email address, on arrival and if You change Your contact details You must notify Hawthorn-Melbourne immediately. Your failure to notify Hawthorn-Melbourne that You have changed Your address may result in automatic cancellation of Your visa without prior notice.
3. Young Student Care Arrangements
If You are under 18 years of age, the parent or legal guardian named in the enrolment form must nominate, in writing, either:
- a suitable relative (agreed by DIAC at the time of the visa application), living in the city in which You will be studying and who will be responsible for Your welfare whilst studying at Hawthorn-Melbourne; or
- request that Hawthorn-Melbourne make arrangements for Your care and welfare (including registering family friends as hosts)
4. Indemnity and Release
In consideration of Hawthorn-Melbourne accepting Your application for enrolment as a student and providing tuition to You, You will not hold Hawthorn-Melbourne,its related bodies corporate, their employees or agents liable fornor make any claim against any of them,and indemnify each of them against, any loss, damage, death, injury or liability which You may suffer or cause, in connection with Your association with Hawthorn-Melbourne, including:
(a) Your attendance at any premises owned, operated or controlled by Hawthorn-Melbourne;
(b) Your attendance at any activity, whether sporting, cultural, recreational or otherwise, organised by or on behalf of or with the assistance of Hawthorn-Melbourne or any activity of which Hawthorn-Melbourne has any knowledge; and
(c) any accommodation, whether short-term or long-term, arranged for You by Hawthorn-Melbourne.
If You are under 18 years of age, the parent or legal guardian named in the enrolment form requests that Hawthorn-Melbourne enrol You as a student of Hawthorn-Melbourne. In consideration of Hawthorn-Melbourne agreeing to enrol You, the parent or legal guardian:
(a) guarantees Your obligations under these terms and conditions of enrolment;
(b) will not hold Hawthorn-Melbourne, its related bodies corporate, their employees or agents liable for nor make any claim against any of them in connection with Your association with Hawthorn-Melbourne, including the matters set out in paragraphs (a) – (c) above; and
(c) indemnifies each of them against any loss, damage, death, injury or liability which You may suffer or cause in connection with Your association with Hawthorn-Melbourne, including the matters set out in paragraphs (a) – (c) above.
These terms and conditions, and the availability of complaints and appeals processes, do not remove Your right to take action under Australia’s consumer protection laws.
These terms and conditions are governed in all respects by and interpreted in accordance with the laws of the state in which the centre You attend is located in the Commonwealth of Australia.
6. Other Terms
- It is a condition of Your enrolment at Hawthorn-Melbourne that You comply with all Hawthorn-Melbourne regulations and policies as notified to You by Hawthorn-Melbourne.
- Hawthorn-Melbourne may, by notice to You in writing, which notice may be given on the Hawthorn-Melbourne website, vary these terms and conditions or any Hawthorn-Melbourne regulations or policies. A variation takes effect on the day specified in a notice.
- If You are applying for an ATTC Course, You may need to take a separate entry test.
- Hawthorn-Melbourne reserves the right to change start dates (with Your agreement), Course curricula, Course timetables and any programs at any time.
- All prices are stated in Australian Dollars (AU$) and subject to change without notice.
- Hawthorn-Melbourne is closed on official public holidays and other dates listed in the Fees and Dates section of the Hawthorn-Melbourne brochure.
- 10% Goods and Services Tax (GST) applies to Airport Transfer, and Accommodation Placement Fees.
- Hawthorn-Melbourne is fully accredited by NEAS.
- Photographs, videos and testimonials provided by You or taken by Hawthorn-Melbourne may be used for marketing and promotion purposes.
All requests for refunds, deferrals, postponements or transfers must be made in writing addressed to:
442 Auburn Road
Hawthorn VIC 3122 Australia
Supporting documents as specified by Hawthorn-Melbourne must be included with the request. If You are under 18, the written request must be made by the parent or legal guardian who signed Your original enrolment form. Hawthorn-Melbourne will:
- Notify You in writing of the outcome of the request within 10 working days and where necessary, give reasons for the outcome.
- Notify the Department of Immigration and Citizenship (DIAC) of any change to Your study plan for which a student visa has been granted.
A refund, transfer, deferral, postponement, suspension or cancellation of Your Course may affect Your student visa. DIAC will assess Your situation individually in accordance with the DIAC student visa policies. You are advised to seek advice from DIAC before making any changes to Your Course. For more information visit the DIAC website at www.immi.gov.au or phone 131881.
Updated: 3 January 2013