Terms and Conditions
These terms and conditions (the “Terms and Conditions”) govern the use of
www.educityaustralia.com (“the site”) and (“services”). This site is owned and operated by ‘Educity
Australia Pty Ltd’ (ABN: 95 644 430 517), also trading as ‘Educity Australia’ (“we”, “us” or “our”).
The site facilitates services offered by Educity Australia. Certain defined terms used in the (Terms of
Use) have the meanings set out in. Please read the Terms of Use carefully. Please contact us
via https://educityaustralia.com/contact if you have any questions.
KEY TERMS SUMMARY:
Key terms that you should be aware of being (“the site”) and (“services”) users are:
● As part of our service, we recruit international students who might be interested in studying and
getting admission into various courses offered by (College, Institution, University), (Service
Providers) or (Program Partners) in Australia. Doing so, we make (Offers) available to you on
the basis that the college pays us an agreed (commission) for (recruiting/referring) you to
them. You may not be credited with Rewards and/or offers if we are not paid our commission/ fees
for any reasons where we are unable to confirm your (“enrolment”) or continuation of your study
with the respective Program Partners.
● Educity Australia and our directors, officers, agents, employees, subsidiaries, and affiliates will not
be liable for any actions, losses, damages, liabilities and expenses including any legal fees from
your use of the site. We limit our liability to a maximum of AUD $100 for any consequential loss or
due to any inability to deliver services by us or any (“third party”) directly or indirectly working
with/for us.
● We may disclose your personal information to third parties including to Program Partners,
(“Scheme providers”), and other third-party service providers necessary to deliver a feature of
the Service that relies on that party or to process the required service. We may also provide
information to these parties on an aggregated and de-identified basis, including for analytical
purposes.
● We are governed by local laws where we are operating. we are in the jurisdiction of Australian
Capital territory and will be subjected to ACT Law in Australia.
1. GENERAL:
1.1 Owner of the Service and Website
EDUCITY Australia 95 644 430 517 (trading as EDUCITY Australia) (“we”, “us” or “our”) owns and
operates the Service, and the Website or App through which the Service is made available.
1.2 Acceptance of the Terms of Use
A. By using the site, you indicate that you have read and understand these Terms and
Conditions, your agreement to, acceptance of compliance with these terms of use, as well as
your agreement to and compliance with other terms, conditions, notices, disclaimers
contained elsewhere on the Website and agree to always abide by them.
B. The submission of your eligible rewards Claims through the website (and each time you use
or participate in the Service or receive any Reward or benefit from the Service) constitutes
your acceptance of the Terms of Use, and your provision of the consents set out in the Terms
of Use including to our treatment of your personal information in accordance with our
(Privacy Policy).
1.3 Changes to the Terms of Use
A. We may change the Terms of Use at any time in our discretion with or without any notice
issued. Where we believe that any such change materially diminishes the benefits of the
Service available to members, that notice will be provided in advance. Where the Terms of
Use are changed, a copy of the revised Terms of Use will also be updated and available on
the Website and the App.
B. Your continued use of or participation in the Service (or receipt or use of any Reward or
benefit provided through the Service) after notice is provided will be deemed to be
acceptance of the revised Terms of Use. Alternatively, you may cancel your account from the
website at any time or contact us to delete the provided data.
1.4 Changes to the Service
The Service we offer may change from time to time. We may not notify you of any such changes, as
the latest Service will be made available on the Website or App from time to time.
1.5 Content of the Website (including errors)
While we make every effort to ensure Offers, information and content published on the Website is
accurate and complete. We make no guarantee that it is free of errors or omissions. We will make
every effort to correct the error at the earliest possible however may decline to let you take advantage
of that obvious error.
2. Eligibility Conditions for Creating an account:
When you create an account or choose to become a member or a user of the website though our site,
you agree to the following;
2.1 Age Requirement:
Users must be a natural person and be at least 18 years old to create an account with EDUCITY. Due
to various requirements set by the institution, users under the age of 18 years may be required to
provide a consent letter from parents or guardians to lodge their college applications to the
institutions. Hence, minors may create an account however with parental or guardian consent.
2.2 Legal Capacity:
Users must have the legal capacity to enter into agreements and provide accurate information during
the account creation process.
2.3 Accurate Information:
Users are required to provide accurate and up-to-date information during the account creation
process, including personal details, contact information, and academic history. For any reason if those
information or documents are changed or expired, must be updated immediately.
2.3 Acceptance of Terms and Policies:
By creating an account with EDUCITY, users agree to abide by the terms and conditions, privacy
policy, and any other policies or agreements set forth by EDUCITY.
2.4 Personal and profile information:
You must provide us with certain information about yourself to allow us to provide you with the
Service, including as part of our legal obligations in connection with your information. You may also be
required to provide personal information in the “My Profile” section on the Website or App, and we
may also request from you via the “My Profile” section information about you including but not limited
to information that does not personally identify you. You agree to keep a record of all the information
and documents you provide us during your use of the Service. How we collect, hold, and otherwise
use and disclose your personal information and documents is set out in our (Privacy Policy).
2.5 Use of Account:
You may only apply for and use one membership account. You must not join or use the Service on
behalf of any other individual, including a family member, or allow any other individual to use the
Service and/or your Account on your behalf. User accounts are for personal use and should not be
used by third parties without authorization. Account membership may also be open to businesses with
a registration/ ABN/ licence as applicable. To be eligible to join, the company must nominate a natural
person who is responsible and liable for operating the business’ account. User accounts with
EDUCITY are non-transferable, and users are not permitted to share their account credentials with
others.
2.6 Registered email address:
You must provide a valid email address (the “Registered Email Address”) when you register to
become a member and create an Account. For your membership to be considered (“activated”) and
valid, you must validate your Registered Email Address by clicking on the (“activation/verification
link”) within an email we send to you after registration and complete your profile by providing all
required information and documents which then changes the status to ("Verified Profile”). The
Registered Email Address must be an active email address in regular use by you. If you ever
discontinue use of the Registered Email Address, for your membership to remain active you must
advise us of a new, active email address that you regularly use. You can advise us of a new email
address via directly contacting us through phone, email, the Website or App. You may be required to
re-validate your new Registered Email Address. Your Registered Email Address cannot be the same
registered email address used for another Account. If you ever lose access to your email due to
unforeseen circumstances including forgotten password, hacking etc. You are responsible to contact
us immediately to notify that your email is not authorised. We may make every effort to suspend the
account or delete the account to prevent any unauthorised use.
2.7 Account Security:
Users are responsible for maintaining the security of their account credentials, including passwords
and access codes. Any unauthorised use or access should be reported immediately to EDUCITY.
2.8 Accuracy, honesty, and integrity:
At all times in your dealings with us and our partners, you must:
A. act with integrity and honesty;
B. not act in a manner that is illegal, fraudulent, deceptive or dishonest;
C. Not provide any edited/fake documents
D. ensure any information provided is accurate and not misleading; and
E. not endeavour to exploit any error on the Website, Apps, or the Service.
When filling in and responding to any online market research surveys that you have been invited to
participate in by us, you must answer questions accurately and truthfully. You must not use
inappropriate or profane language in your responses.
2.9 Unlawful use, hacking, tampering, and using automated scripts:
You must not:
A. use the Service for any purpose that is unlawful;
B. use the Service to engage in any kind of hacking, tampering, spoofing or abuse of any system
or computer service, the Website, App or any aspects of the Service;
C. insert into the Website, App or the Service any computer virus or other harmful code; or
D. use a script, robot, software program, or other system that operates the Service on your
behalf and outside of the intended use of the Service, whether it be to earn Rewards
automatically, post or transmit bulk messages, or otherwise interfere with the normal
operation and security of the Website, App, or the Service.
2.10 Monitoring usage of Service
We reserve the right to monitor the Service and retain and disclose information as allowed by law and
requested by any law enforcement authority in any jurisdiction.
2.11 Compliance with Laws:
Users agree to comply with all applicable laws and regulations while using EDUCITY's website and
services.
2.12 Termination of Account:
EDUCITY reserves the right to terminate or suspend user accounts that violate the terms and
conditions or engage in fraudulent or unauthorised activities.
3. Communication Preferences:
3.1 General:
By creating an account, users may receive communications from EDUCITY related to services,
promotions, and updates. Users can manage their communication preferences through their account
settings. These communications may include:
a. verification or validation emails and provided phone number;
b. Follow up email requesting information or documents that may be required at our end or
requested by institution for further processing of your application;
c. important information or notices about the Service and your use of the Service;
d. responses to a customer service enquiry you have made;
e. notification or confirmation of any transaction you initiate; and
f. requests for additional information from you.
Communication is required and necessary for us to provide the Service to you, the only way to
unsubscribe from receiving Service Notices from us is to terminate your use of the Service by closing
your Account and thereby cancelling your membership and access to the Service.
3.2 Direct Marketing:
When you join the Service, you give us consent to send you information on ways to earn Rewards,
specific Offers, and commercial advertising and marketing messages in relation to our services and
those of third parties that we believe you may be interested in. This is an optional part of the Service,
which you may opt-out of. See our website for more information, including for details on how to
opt-out.
3.3 Method of communication:
We may send our communications to you by any form of direct communication for which we have
recorded details for you including by mail, email, SMS, or App push notification.
4. OFFERS:
4.1. General:
a. To promote the services, we may introduce various types of offers, campaigns or promotions. The
(Qualifying Services/transactions) offered, promoted, or referenced in the Offers are made by third
parties and/or Educity Australia.
b. You acknowledge that we act as a recruitment partner / referral agent only and are not responsible
for the quality of services you receive from any third party or the institution you wish to opt for.
c. The Offers may be valid for a limited time only (that is, the validity period may be limited) and
there may be particular terms, conditions, exclusions or requirements that apply only to an Offer. You
should ensure that you fully understand any (Special Offer Terms) as displayed on our social media,
Website, App or in an email we may send.
d. The Offers may be changed at any time (including the amount of any Reward, eligible/ineligible
products or categories, or any validity period) due to changes in our arrangements with
Participating Program Partners or Scheme providers. We will show the current Offer at the place
where the Offer is advertised on the Offer page of the Website, and App.
e. Your ability to use an Offer may be affected by human or technical error (including your own
conduct, and bugs or glitches on the Website, Activation Link or the systems of Program Partners
[Institutions] and Scheme providers). We will not be liable for any errors which occur in the processing
of an Offer or Reward.
f. We make no guarantee or representation as to the minimum or maximum number or duration of
Offers that we make available.
g. Online Offers and In-Store Offers available on our Website and App in connection with which you
can earn Rewards for (Qualifying Services/transactions). The Offers are made on the basis that the
Program Partners pays us a commission for referring you to them.
h. CONDITIONS OF ENTRY: By submitting an entry to a Promotion/offer, the entrant acknowledges
and agrees to be bound by all the Terms and Conditions.
i. All entries must be lodged in accordance with the requirements of the Terms and Conditions for the
specific Promotion.
4.2 Bonus Offer
a. We may, from time to time, offer special rewards to you (“Bonus Offer”). The Bonus Offer will
entitle you to a single-use Bonus in the amount outlined in the Bonus Offer, subject to satisfaction of
applicable terms and conditions.
b. To receive the Bonus, you must comply with the terms and conditions outlined in the Bonus Offer.
c. There may be terms, exclusions, conditions, or requirements that apply only to a Bonus.
d. The Bonus Offers may be varied at any time (including the bonus amount, validity period or Bonus
Offer Terms). We may/may not provide notice to you of such varied terms and conditions.
e. Bonus will reflect as matured under your profile/rewards section once the associated Bonus is
ready to be claimed.
f. There might be a set time frame where the bonuses are made available (“bonus offer period”).
These may be withdrawn anytime by us without giving any reason or timeframe - based on campaign
objectives and changes to offers limiting us to continue the promotion.
5. REWARDS:
5.1. Rewards in Your Account:
A. Users will only be eligible to claim any category of the rewards after successful enrolment,
past the maturity date and upon continuation of their enrolment. If we are unable to confirm
their enrolment with the institution for any reason - nonpayment of fees, withdrawal of the
course, change of course, cancellation of their enrolment by the institution or themselves, visa
rejection or any other matter, the rewards will be made ineligible. We will maintain against
your Account a balance of Rewards accumulated through your use of the Service. Rewards in
your account will be maintained under various categories [Enrolment Rewards, Verified
Student Rewards, Refer and Earn Reward and Special Reward].
The classification of the rewards; [Eligible Rewards] - Reflects the total of all the rewards
including;
1. [Verified Student Reward] - One-off reward offered to the user for completing their profile
and verifying it by uploading all necessary documents and information on the website. Despite
the rewards being offered, the eligibility of it only remains once the user is successfully
enrolled into a course. Maturity of such rewards are defined or displayed under users’
profile/rewards section and can be claimed once the status of reward changes to matured.
2. [Enrolment Rewards] - Instalment based rewards which are made available to users upon
successfully enrolling to the course through our portal. Maturity of such rewards are defined
or displayed under users’ profile/rewards section and can be claimed once the status of
reward changes to maturity.
3. [Refer and Earn Reward] - It is an additional benefit reward for sign-ups and referrals made
to our Service, who refer other new members, for certain (Qualifying Referral). If you are a
verified member of EDUCITY Australia and in good standing you can recommend the Service
to a friend by sharing your unique referral code (generated from your profile) and upon
successful (Qualifying Referral), through our website, you may be eligible to earn the reward
for each Qualifying Referral. Despite the rewards being offered, the eligibility of it only
remains once the referred user is successfully enrolled into a course. Upon successful
enrolment, maturity of such rewards is defined or displayed under users’ profile/referred
section and can be claimed once the status of reward changes to matured. The value of each
Referral Bonus, along with the specific terms of the Referral Bonus will be set out in the
relevant promotion.
4. [Special Reward] - We may occasionally offer additional rewards for some of the courses
listed on the website. These may be additional rewards offered to users for enrolling into
courses. The offers may be valid for a limited time only (that is, the validity period may be
limited) and there may be terms, conditions, exclusions, or requirements that apply only to an
Offer. You should ensure that you fully understand any (Special Offer Terms) as displayed
on our social media, Website, App or in an email we may send.
All types of rewards offered by us, under your profile may appear as;
● (“Not matured”) - Rewards not ready to be claimed yet [Usually reflect a date when
this reward will be matured and could be claimed] or;
● (“Matured”) - Ready to be claimed [Users could initiate the claim by submitted the
required documents/information and subject to meeting the (“rewards claim
eligibility condition)]
The displayed total eligible rewards, under the rewards section of the user, is
subdivided into different eligibility dates (which normally is estimated to be after the
students tuition fee payment due date/census date) when users would be eligible to
claim their rewards in line with the (eligibility condition). Eligibility of the rewards
would be notified as the reward upon the eligible date will change to ‘MATURED’ and
a CLAIM button appears next to it.
B. Any eligible/matured rewards (upon satisfying eligibility criteria) held in your Account will
remain in credit against your Account until you redeem them via a (“Withdrawal request”).
C. Rewards are not transferable between members or Accounts under any circumstances.
D. If your available Account balance is equal to or greater than $500.00 you may be requested to
provide further verification documents (if already not provided) through the website or asked
to visit our nearest office to verify the authenticity. Where the required information is not
provided to us, your Account will be inaccessible until such time as the requested information
is provided.
E. EDUCITY calculates rewards based on course fees and commissions received for student
enrolment. However, rewards may change if institutions offer promotions or scholarships,
leading to fee adjustments for students.
5.2. Earning Rewards:
A. You can earn Rewards through (Qualifying Services/transactions) in connection with Offers
that we make available from time to time as set out in clause 4.
B. The reward or the instalments of the same reward will appear on the user profile under
rewards section with the maturity date of each reward.
C. We may time to time provide special Offers that offer additional benefits for sign-ups and
referrals to the Service, for referring other new members, for certain Qualifying Transactions
or for other specific actions (“Additional Rewards”).
D. You acknowledge and agree that we do not make any guarantee or representation, whether
express or implied, as to the number of Rewards you can earn as a member of the Service.
5.3. Processing Rewards
a. Your pending claim for Rewards in connection with an Offer for (Qualifying
Services/transactions) will only be honoured after the maturity date as specified against each
reward and upon you claiming the offer via website and providing substantial documents
requested/required for verification purposes.
b. Pending Rewards/Not matured Rewards in your Account will be confirmed after the maturity date
as specified against each reward and approved when:
● the participating institute or Scheme provider confirms it has approved your transaction as a
Qualifying Transaction; and
● We have received payment of our commission for the transaction from the relevant participating
institute or Scheme provider.
● When the proof of enrolment and fee payment receipt is uploaded by you as requested in the
website while claiming the rewards.
c. We make no guarantees for crediting any Reward to your Account until the above steps have
occurred. You acknowledge that we may elect not to credit you with Rewards:
● if the participating institute or Scheme provider or Scheme provider does not pay us commission
for your Qualifying Transaction; or
● when failure of any system such as the applicable Scheme provider’s payments system or any
unforeseen circumstances results in us not being paid by the participating institute or Scheme
provider for referring you.
● When the proof of enrolment and fee payment receipt is not uploaded/provided by you when
requested on the website while claiming the rewards.
d. If the participating institute or Scheme provider does not validate your transaction/enrolment and
refuses to pay the Service commission for the transaction, we will not be able to credit the claimed
rewards until the matter is resolved.
e. For some aspects of the Service, Rewards may not be credited to your Account immediately.
Delayed commission approval or payment from the Scheme provider may sometimes take up to 3
months or even more before Rewards that you have earned are credited to your Account.
Commission payments are also subject to (institution’s census date).
f. You acknowledge that:
i. in relation to Offers, we rely entirely on the accuracy of the information supplied by the
Scheme provider (and in some cases the institution) for the purpose of crediting Rewards to
you; and
ii. We may at our discretion, approve or credit Rewards if the requirements in paragraphs 5.4(a)
and 5.4(b) are not met, but may subsequently reverse the approval or crediting of Rewards,
or apply a freeze to the Rewards, including on any Withdrawal until such time as these
requirements have been satisfied.
g. If for some reason your Qualifying Transaction does not appear in your Account (either as a not
matured, matured, or claimed), you may make a claim with us to have your transaction manually
assessed. To be able to manually assess your claim:
i. you must claim within 60 days of making the transaction.
ii. you must provide all documents, information, and evidence (including order/invoice) which it
is reasonably necessary to confirm that the transaction the subject of the claim has been
made and not reversed; and
iii. we must be able to confirm from the information you provide that the transaction is a
Qualifying Transaction (including based on information from the institution or Scheme
provider) and confirm the applicable payment details with the institution or Scheme provider).
5.4. Ineligibility for Rewards
a. We may elect not to credit you with Rewards where it would be unlawful to provide you with any
incentive in relation to that transaction.
b. We will not credit you with Rewards, and we may without notice to you at any time withhold
Rewards, and adjust, reverse, deduct or cancel Rewards already credited and decline or reverse any
Withdrawal request if any of the below has occurred, or we have reason to believe any of the below
has occurred:
i. the relevant transaction is not a Qualifying Transaction.
ii. you subsequently cancel or vary the relevant transaction, by cancelling the enrolment,
withdrawing/changing from the intended course of qualifying transaction or fail to pay the
tuition fees.
iii. the relevant transaction is not processed on the institution or Scheme provider (as
applicable) payments system for any reason; or
iv. we receive from the relevant Scheme provider notification that your use of the Service in
connection with any Rewards is not in accordance with, or in breach of, the Terms of Use,
including due to your illegal, fraudulent, deceptive, or dishonest conduct.
5.5. Withdrawal General conditions (Redemption)
a. In the Terms of Use, “redemption” and “payment” of Rewards (referred to as a “Withdrawal”) means
any type of request for us to pay you an amount in exchange for redemption of an amount of your
accumulated Rewards. This includes any payment by bank transfer or PayPal transfer into a
qualifying linked account or any other method set out on our website or App.
b. To be eligible for and request a Withdrawal, the total Rewards accrued from approved Qualifying
Transactions and remaining in your Account must:
I. equate to a value greater than or equal to $250.01 (“Minimum Value”); and
II. include at least one Qualifying Transaction.
III. Each Withdrawal request submitted by you is final and not reversible.
IV. At the time you request a Withdrawal, we may:
01. request from you a copy of a proof of identification document in accordance
with clause 2.4, for Account verification and security purposes, before
approving your Withdrawal requests. If you are unable or elect not to provide
a copy of a proof of identification document, we may deny your request for
Withdrawal of Rewards; and
02. review the details and transaction history of your Account, and the details of
any related membership Accounts (being any Accounts held by members
that were referred to the Service by you, or any Account that has the same
recorded residential address and/or postal address, phone number or
payment details as your Account).
V. You expressly acknowledge that your eligibility to redeem your Rewards for a
Withdrawal is conditional upon your ongoing compliance with the Terms of Use.
VI. We reserve the right to decline any Withdrawal request and adjust, reverse or cancel
any outstanding redemption or payment of a Withdrawal, where we have evidence or
reason to believe Rewards were credited to your Account incorrectly (whether due to
human error or computer error), or not in accordance with, or in breach of, the Terms
of Use, including due to your illegal, fraudulent, deceptive or dishonest conduct, or as
otherwise set out in these Terms of Use.
VII. The reward withdrawal request for payment will only be made to the nominated
account of the Profile/account holder/student and not entertain payment to any other
account number except for the ones listed on the website and verified upon payment.
5.6. Withdrawal payment
A. You are solely responsible for ensuring the accuracy of the information provided for the
purposes of a Withdrawal. If a Withdrawal that you request is processed as per the account
details supplied by you (whether bank account, PayPal transfer or other method), and there is
an error in those account details, we will use our reasonable endeavours to request the
transaction to be reversed and, if we are successful in obtaining the reversal and we recover
the amount transferred, we will endeavour to make the transfer to the correct account, less
any applicable administration fee. We will have no other obligation to take any action to
reverse the transaction, reprocess the transaction, or refund Rewards to you (and accordingly
the redeemed Rewards and Withdrawal payment may be lost).
B. If a Withdrawal is rejected by the receiving institution for any reason (other than an error on
our part), we may charge you an administration fee of $50 (by redeeming any Rewards in
your Account to that value or by asking you to pay us that amount). Otherwise, you will not be
charged any fees for processing the Withdrawal, these fees will be borne by us.
C. For the purposes of a Withdrawal, we may, at our discretion, enforce a limit of one Account
per receiving account.
5.7. Limits on your right to receive payment.
A. We will not hold any amounts representing Withdrawal payments we may be required to
make to you in respect of your redemption of Rewards in a separate bank account or
otherwise segregate those amounts from our own funds, and we do not hold any such
amounts in trust.
B. Until you validly request a Withdrawal, we are not liable to you for payment of any Rewards,
and you have no entitlement to receive any funds from us and cannot make any claim against
our assets.
C. In the event that we become insolvent, you will not be able to recover any outstanding amount
that we owe, but have not paid, to you in priority to any of our other creditors. There may be
other creditors whose debts will take priority over yours. You may not recover the full amount
we owe to you and there is a risk that you will not be able to recover any of the unpaid
amount.
6. COMPETITIONS:
From time to time, we run competitions and promotions for members where we offer higher rewards,
offer schemes and campaigns for users to participate. Our competition and offer are made available
through emails, posted in social media and at our website https://www.educityaustralia.com/offers
7. COMMUNICATION FACILITIES:
The Service includes Participating Merchant reviews, forums, chat rooms, electronic messaging and
feedback systems, and other communication facilities which may allow you to communicate with us,
with third parties, program partners and with other members of the Service.
7.1. Conditions of use
a. You are responsible for any information, content or materials posted by you using a
Communications Facility.
b. It is a condition of your use of any Communication Facility and your access to the Service that you
do not do any of the following:
i. restrict or inhibit any other member from using or enjoying any aspect of the Service or any
Communication Facility.
ii. post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar,
pornographic, profane or indecent information or material of any kind, including without
limitation any transmissions constituting or encouraging conduct that would constitute a
criminal offence, give rise to civil liability or otherwise violate any applicable law;
iii. post or transmit any material of any kind which violates or infringes upon the rights of any
other person, including material which is an invasion of any privacy or publicity rights, or
which is protected by copyright, trademark or any other proprietary right, without first
obtaining permission from the owner or relevant right holder;
iv. post, transmit or in any way exploit any material of any kind for commercial or marketing
purposes, or which contains any promotional material or advertising without our consent;
v. impersonate any other person or entity; or
vi. solicit donations for any person or any organisation other than a registered charity or
not-for-profit organisation.
c. You acknowledge and agree that the Communication Facilities provide a means of public and not
private communications.
7.2. Misuse
Without limiting any other rights we may have, if you breach any of the conditions relating to the use
of Communication Facilities we may impose an administration fee equivalent to $50 (by redeeming
any Rewards in your Account to that value or by asking you to pay us that amount) to compensate us
for the costs of monitoring and rectifying the breach, we may suspend your access to, and ability to
use or post to, any Communication Facility.
7.3. No obligation to monitor.
We may from time-to-time monitor or review the contents of the Communication Facilities. While we
reserve the right to edit, delete, or refuse to post any information, content or materials (in whole or in
part) that we, in our sole discretion, determine to be in any way objectionable or in violation of any
applicable law or the Terms of Use, we have no obligation whatsoever to monitor any Communication
Facility or to edit, delete or refuse to post any information, content or materials, nor are we
responsible for any information, content or materials posted by you or any other member of the
Service or user of the Service.
8. THIRD PARTY WEBSITES, ADVERTISEMENTS AND
SURVEYS
1. The Service, the emails sent by us, on the Website or App and other content on the Website,
contain advertisements and links to web sites and online market research surveys operated
by third parties or their licensees or contractors. Third party links, advertisements and market
research surveys are independently operated by the relevant third party and are not a
recommendation or endorsement by us, our Related Bodies Corporate, or any of our/their
respective employees. We are not responsible for and make no express or implied warranties
in relation to the content of these third-party advertisements or web sites, including the
accuracy, completeness, reliability or suitability of the web sites or the products and services
advertised for any purpose.
2. In some instances, the advertisement or web site linked will contain representations or offers
by the third party, which you can accept by executing the relevant transaction. You
acknowledge that we do not make such representations or offers, and the third party solely is
responsible to you for the delivery of any goods or services obtained from the third party.
3. If you have an enquiry or complaint about a particular merchant, business, advertisement,
link, email, or survey, you may contact us. We will do our best to answer your question or
resolve the issue, however in some circumstances we may need to direct you to contact the
merchant, business, or advertiser directly.
9. COPYRIGHT:
1. All copyright and other intellectual property rights subsisting in content and material on the
Website, the App and Service or sent to you in any communication from Educity Australia is
owned by us and is protected by Australian and international law, or under other rights and
laws as applicable.
2. Except for the creation of a temporary copy on your computer or device which is inherent to
the process of the normal use of the Website or App and where accessed for your personal
purposes, you must not copy, reproduce, publish, store in a retrieval system, alter, distribute,
modify, sell or otherwise use any of the content or material on the Website, App or service or
any communication from Educity Australia in any form or by any means, in whole or in part,
except as permitted by law, with our prior written approval, or the approval of the relevant
owner.
10. DISCLAIMER OF WARRANTY:
1. To the maximum extent permitted by law, we exclude all warranties, conditions,
representations and guarantees implied by law that are not expressly set out in the Terms of
Use, in relation to the provision of goods and services by us under the Terms of Use or in
connection with the Service.
2. Without limiting clause 11 (a) and 12, to the maximum extent permitted by law, you
acknowledge that we make no warranty or representation, as to:
A. the results that may be obtained through membership of the Service (except to the extent
expressly stated otherwise in the Terms of Use or on the Website,or App);
B. the Website, App or Service being uninterrupted, timely or error free or that the Service is
free of viruses or other components; or
C. the goods and/or services purchased or obtained through the Website, App or Service,
including goods and/or services offered by third parties.
11. LIMITATION OF LIABILITY:
1. Subject to clause 12 and to the maximum extent permitted by law, you release us, our
Related Bodies Corporate, and any of our/their respective officers, employees, and agents
from (and we and them are not liable for) any claim; for:
i. special, indirect or consequential loss or damage;
ii. unavailability of the Website, App or Service;
iii. loss, damage, or liability in connection with:
(1) the unauthorised use of your Account, except where due to our negligence;
(2) any goods and/or services purchased from third parties by you;
(3) any merchant or product descriptions contained on the Website, Appor contained in
communications sent to you by us or on our behalf, where these are provided to us
by the relevant merchant;
(4) any failure of or delay in a Scheme provider notifying us of a Qualifying Transaction,
failing to pay us any commission, or otherwise failing to provide us with any
information or perform any act upon which we depend; or
(5) any failure or default beyond our reasonable control,
(6) whether in contract, tort (including negligence), in equity, under statute or on any
other basis.
2. To the maximum extent permitted by law, our maximum aggregate liability for all claims under or
relating to the Terms of Use, the Website, App or the Service which is not excluded in accordance
with clause 12 (a), whether in contract, tort (including negligence), in equity, under statute or on any
other basis, is limited to $100. The limitation in this clause 12(b) does not apply to any Rewards and
Withdrawal that you are rightfully entitled to in accordance with the Terms of Use.
3. Nothing in the Terms of Use operates to limit or exclude any liability (or statutory warranties, terms,
conditions, guarantees or any right or remedy) implied or imposed by any legislation that cannot be
limited or excluded by law, including under the Australian Consumer Law. Where we are permitted to
do so, our liability for breach of any representation, warranty, guarantee, term or condition implied or
imposed by law that cannot be excluded, is limited (at our option) to one of the following:
I. supplying the services again; or
II. paying the cost of having the services supplied again.
12. INDEMNIFICATION:
Upon demand, you will indemnify and keep indemnified us, our Related Bodies Corporate, and any of
our/their respective officers, director/s, employees and agents against all claims (including third party
claims), demands, damages, liabilities, costs (including legal costs), expenses, penalties or suits
incurred by those indemnified and caused by or arising out of or consequential upon:
a. any information, content or materials posted by you on the Communications Facility; or
b. any illegal, fraudulent, deceptive or dishonest conduct of you in connection with the
Website, App or the Service.
13. TAXATION:
a. You alone are liable for any and all taxation implications relating to your use of and
participation in the Service or you are obtaining Rewards through the Service, and you
alone will be liable for having any such tax liability assessed and paid.
b. We recommend that you consult with your accountant or tax adviser to ensure that you
understand any possible tax implications related to your use of and participation in the
Service or you are obtaining rewards through the Service.
14. TERMINATION
14.1. Cancellation by us
a. We reserve the right to cancel your membership and your Account and terminate your use of
the Service at any time, without cause or reason by giving you 30 days’ notice.
b. In addition, we may cancel your membership and your Account, and terminate your use of the
Service, immediately without notice, if we have evidence or reason to believe that you:
i. have breached the Terms of Use, and failed to remedy that breach within 7 days of
receiving notice of the breach;
ii. have materially breached the Terms of Use;
iii. have engaged in illegal, fraudulent, deceptive or dishonest conduct;
iv. die or become unsound of mind or become bankrupt; or
v. act against our business interests or reputation or the business interests or reputation of
our Related Bodies Corporate, clients, partners, merchants, and suppliers.
14.2. Cancellation and rewards expiry for non-use (Inactive Accounts)
a. We reserve the right to cancel your membership and your Account, and terminate your use of
the Service, with 7 days' notice, if your membership Account becomes Inactive. Your Account
becomes “Inactive” if you do not log in to the Website or App and click through to a
Participating Merchant's website at least once in any 12-month period.
b. All Rewards (whether pending or approved or accrued or not) held in an Inactive Account will
expire at midnight (Sydney, Australia, time) on the date that the Account becomes Inactive
(the “expiry date”). Unless we cancel your Account in accordance with clause 14.1, expiry of
Rewards will not itself result in closure of your Account, but the applicable expired Rewards
will be immediately and irreversibly cancelled and will not be available to you. We may use
reasonable endeavours to provide you with prior written notification of the date on which your
Rewards will expire.
14.3. Cancellation by you
You may cancel your membership of the Service at any time by contacting us. Upon cancelling your
membership, your Account will be cancelled and your ability to use the Service terminated.
14.4. Cancellation is final.
a. If your membership and Account is cancelled for any reason, the cancellation is final, and
your membership cannot be re-activated.
b. If your membership and Account is cancelled for any reason, you will forfeit all your Rewards
and all outstanding redemption payments (including any Rewards held in your Account or
accrued by you, any Withdrawal or other pending payments, and any other Rewards or
payments that you would otherwise have been entitled to receive). Any such Rewards and
payments will remain our property and are immediately and irreversibly forfeited (and we will
have no further obligation to make any payment to you)
14.5. Refusal of application
We reserve the right to refuse your application to join the Service again, or cancel any new
membership or Account you create, if we have ever cancelled your membership in the past.
15. COOPERATION WITH LAW ENFORCEMENT:
We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect
of any lawful direction or request to disclose the identity or other information in respect of anyone
using the Website, App or Service.
16. OTHER MISCELLANEOUS TERMS:
a. If any part of the Terms of Use is or becomes illegal, invalid or unenforceable, it will not affect
the validity or enforceability of any other part of the Terms of Use.
b. Any notice or communication we give to you pursuant to the Terms of Use may be given to
your Registered Email Address or by push notification on any EDUCITY App. A notice so
given will be deemed received by you on the date the notice is sent or pushed as the case
may be.
c. We may assign or novate in whole or part any of our rights or obligations under the Terms of
Use without the prior written consent of you or the other members (and if we do so we will
notify you accordingly). The agreement set out in the Terms of Use is personal to you and so
you may not assign, novate or sub-licence in whole or part any of your rights or obligations
under the Terms of Use without our prior written consent.
d. The Terms of Use and any (“Additional Terms”) constitute the entire agreement between us
and you in relation to the Service and supersede all other (prior or contemporaneous)
communications or displays whether electronic, oral, or written, between us and you in
relation to the Service. However, nothing in the Terms of Use limits any liability either party
may have in connection with any representations or other communications (either oral or
written) made prior to or during the term of this Agreement, where such liability cannot be
excluded (which may include liability arising under section 18 of the Australian Consumer
Law).
e. The provisions of the Terms of Use which by their nature survive cancellation of your
membership and Account will do so, including clauses 7, 9, 10, 11 and 12 of these terms of
use.
f. No waiver, delay, or failure by us to take any action shall constitute or be construed as a
waiver of that or any other term, condition, option, privilege or right we may have.
17. GOVERNING LAW:
The Terms of Use are governed by the laws of Australian Capital Territory, Australia. We and you
submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and any court
that may hear appeals from any of those courts.
18. POSTING OF REFERRAL LINK AND COMPLIANCE
WITH LAW:
You agree that you only will post the Unique Referral Link in places where you have direct ownership,
such as a personal website, personal blog, or personal social media account and in each case in
conformity with the applicable posting guidelines of the relevant referral mechanism. We reserve the
right to prohibit any specific referral mechanism being used to promote the Refer and Earn program.
You agree that “Spamming” other individuals to join the Service via unsolicited email, direct mail,
newsgroups, message boards, or any other means is strictly prohibited. You agree that you will only
make direct referrals without using any merchant site, keyword bids, black hat SEO, paid
advertisements (e.g., pay per click), or other similar methods. You agree that any referral made by
you will be done without use of i-frames, bots, or any other method of automated distribution. You
agree that you will comply with all applicable laws and regulations, including without limitation those
related to the Spam Act 2003 (Cth), trademark, and privacy. Any referral content used by you in
association with the Unique Referral Link will not include inappropriate content, such as hate, porn,
violence, or other similar content that we determine in our sole and absolute discretion could be
expected to negatively impact our goodwill or reputation. We reserve the right to remove you from
participating in this promotion if we determine in our sole discretion that you have violated any of
these restrictions, and at such time you will forfeit all Referral Bonuses, including by offset against
Pending Earnings or Available Earnings if previously paid, in addition to any other rights or remedies
that we may have at law or in equity.
19. INTERPRETATION AND DEFINITIONS:
19.1. In the Terms of Use, unless the contrary intention appears:
a. the word “person” includes an individual, a firm, a corporation, an unincorporated association,
government, state or agency of state, association, partnership or joint venture;
b. all references to dollars or $ or cash in the Terms of Use are to Australian dollars; and
c. ‘including’, ‘such as' and similar expressions are not words of limitation.
19.2. In the Terms of Use, unless the context otherwise requires:
a. “App” means any app for your mobile phone or tablet that we make available from time to
time for use of the Service.
b. “Account” has the meaning given in clause 2.
c. “Activate” or “Activation/verification Link” means a link we are providing on the Website
or App, or in, or an email we send to verify your profile/account.
d. “Additional Rewards” has the meaning given in clause 5.2(c).
e. “Additional Terms” has the meaning given in clause 16(d) and includes any Special Offer
Terms.
f. "Bonus" means the Reward amount attributable to a Bonus Offer.
g. “Bonus Offer” has the meaning given in clause 4.2.
h. "Bonus Offer Period" has the meaning given in clause 4.2.(f).
i. “Inactive” has the meaning given in clause 14.2.
j. “Offer” means a Reward incentive offer that is either an Online Offer or In-Store Offer made
by us to members as part of the Service, as determined by us from time to time, which
typically includes an incentive, discount, or rebate on a Qualifying Transaction.
k. “Online Offers” means an Offer for making an Eligible Online Transaction that is a Qualifying
Transaction with any (College, Institution, University), (Service Providers/scheme
providers) or (Program Partners) through the Website or App using a link we provide, as
described on the Website or App and subject to the Terms of Use and the other terms and
conditions set out on the Website, or App;
l. “Personal information” has the meaning given in our Privacy Policy;
m. “Privacy Policy” means our privacy policy available at available at:
www.Educityaustralia.com.au/privacy
n. “Qualifying service/ Transaction” means transactions that are the subject:
a. Courses which are listed on our website (offered by our partnered institution or
colleges) against which our promotions or offers may be carried out offering rewards
to the users for successfully enrolling into those courses upon meeting the eligibility
criteria, and that qualifies in accordance with the Terms of Use for Rewards under the
relevant Offer provided through the Service.
o. “Registered Email Address” has the meaning given in clause 2.6.
p. “Related Body Corporate” has the same meaning as under the Corporations Act 2001
(Cth).
● “Rewards” means incentive rewards offered or provided to members as part of the Service,
as described in the Offers and the Website, or App, and recorded in an Account and which is
provided based on the offer provided by us upon successful enrolment of the user to the
applicable institution.
● “Scheme provider” means the operator of a Scheme as notified by us from time to time,
which currently comprises (colleges, institutions, universities, insurance policy providers or
third party that may be associated or deliver such services).
● “Service” means the EDUCITY service referred to in the introduction to the Terms of Use, as
operated by us from time to time (and as such service may be amended from time to time in
accordance with this the Terms of Use). For clarification, the Service includes any services
provided under Additional Terms.
● “Special Offer Terms” has the meaning given in clause 4.1(c).
● “Terms of Use” means these terms of use, and any Additional Terms.
● “Tracking Monitoring Solutions” means the solution or service used to monitor Qualifying
Transactions, and includes the solution or service provided and used by us or an Affiliate
Network.
● “The site” or Website” means www.educity australia.com.au; and
● “Withdrawal” has the meaning given in clause 5.6.
● “Qualifying referral” means a referral that satisfies the following conditions:
- A referral that results in the Referred Customer registering as a new member of
EDUCITY Australia. The Referred Customer must be an individual and must be
eligible to be a member of the Service in accordance with the EDUCITY Australia
Terms of Use.
- The Referred Customer must be registering for the Service for the first time. This
means that the Referred Customer has not previously registered for the Service,
whether with the same member information or otherwise, and it may not be a
fraudulent, fictitious, or duplicate account. For the avoidance of doubt, you may not
refer yourself to be the Referred Customer e.g. by using different email addresses.
- The Referred Customer registers for the Servicing by clicking and signing on the
referral link that is provided by the referee us as part of the Refer & Earn Promotion
and is shared with you (Unique Referral Link); and
- The Referred Customer must successfully enrol into a course offered by Educity for
the transaction to be considered as (Qualifying Referral) which results in rewards to
the referee.
- EDUCITY Australia reserves the right to validate the eligibility of any Referred
Customer with respect to whether they are a new customer or as otherwise and
may determine any Referred Customer to be ineligible in its sole discretion.
- EDUCITY Australia reserves the right to change or modify the terms of the
referral program, at any time, provided that any Referral Bonus that you have
earned prior to such change or termination will be subject to the terms that
were in effect at the time it was earned.
● “institution’s census date” The census date is usually the last date before which a
person/student can withdraw from a unit of study without any penalties or fines.
● “College, Institution, University, Service Providers or Program Partners” means RTO
which offers courses to international students and upon signing an agreement with such
institution, EDUCITY facilitates recruitment of international students on their behalf and get an
agreed commission for the referrals.
● “Commission” means a percentage of gross Relevant Tuition Fee payable, or a set amount,
● “recruiting/referring” means recruiting and referring potential students on behalf of
institutions, processing their application, and getting them enrolled for course - based on
admission eligibility, requirement being met by the students.
● “Enrolment” means student successfully joining the course program after making necessary
fee payments, obtaining the coe (confirmation of enrolment) meeting the admission
requirement.
● “we”, “us” or “our” refer to Educity Australia Pty Ltd (trading as Educity Australia)
● “Not matured” means rewards which are not ready to be claimed yet. Also means not past
the eligible date. The users need to wait until the maturity date for the rewards to be claimed.
● “Matured” means the rewards are passed the eligibility date and users may claim the
rewards providing required information or documents based on eligibility claims. After the
claims are made, Educity will start verifying the transaction for its authentication, check for
eligibility and meets all requirements, terms, and conditions, all confirm the commissions are
already received from the institution, enrolment of the student is confirmed with the institution,
have received all required information/documents and if all satisfied, will process the request.
● “Rewards claim eligibility condition” means after the reward claims are made by the
users, Educity will start verifying the transaction for its authentication, check for eligibility and
meets all requirements, terms, and conditions, all confirm the commissions are already
received from the institution, enrolment of the student is confirmed with the institution, have
received all required information/documents, and satisfies all eligibility conditions.
● “Third party” may be referred to institutions, colleges, universities, scheme providers,
insurance policy providers or any other companies, whose products/services may be in line
with Educity Australia and offered to users.
● “Terms of Use” means these terms of use, and any Additional Terms.