Terms And Conditions And Contract Of Enrolment

Effective Date: 01/12/2020

These terms and conditions (hereinafter “Terms”) govern Your use of the following website (which is hereinafter referred to as “the Product”): www.startphotography.com.au

The Product is owned and operated by: Startworking.com.au PTY LTD. (ACN 641622291)

These Terms constitute a binding contract between You and: Startworking.com.au PTY LTD. (ACN 641622291)

In connection with Your use of the Product, we may also provide You with access to various other content, documentation, materials, information, goods or services. In these Terms, we refer to all of these items collectively as “the Items”.

These Terms will govern Your use of all pages of the Product, as well as Your use of the Items.

If You continue to use the Product, You acknowledge that You have been given the chance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by the Terms.

If You do not understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider the Terms, then You must stop using the Product immediately.

 

  1. DEFINITIONS

“Australian Consumer Law” means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).

“Company IP” includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials.

“Content” means any content, writing, images, audio-visual content or other information published on the Product.

“Contract” means these terms and conditions.

“Dispute” means any dispute, controversy or claim arising out of or in relation to these Terms, including any dispute, controversy or claim relating to the existence, validity or termination of these Terms.

“Effective Date” means the date that these Terms come into force.

“Goods” means any or all goods provided by or on the Product.

“Identifying Information” means information provided by You when registering to use the Items, including but not limited to Your name and email address, a user name and a password.

“Items” means any and all of the Product, Goods, Services, Content and Materials collectively.

“Materials” means any materials, information or documentation that We may provide to You in connection with Your use of the Goods or Services or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of Goods or Services or Product.

“Parties” means both You (the user of the Product) and Us (the owner of the Product) collectively.

“Product” means the website including all pages, all sub pages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at: www.startworking.com.au

“Services” means any or all services provided by or on the Product.

“Terms” means these terms and conditions.

“Third Party Goods and Services” means Goods and/or Services sold by third parties via the Product or via Third Party Links.

“Third Party Links” means links or references to websites or applications other than the Product, to content other than the Content or to materials other than the Materials, none of which are controlled by Us.

“Us”, “We”, “Our”, “the Company” or “the Owner” refers to Startworking.com.au PTY LTD.

“Us”, “We”, “Our”, “the Company” or “the Owner” also includes any employees, affiliates, agents or other representatives of Startworking.com.au PTY LTD.

“You” or “Your” refers to the user of the Product.

“Your Content” means any Content posted to or added to the Product, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.

 

  1. INTERPRETATION
  2. In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:
  3. Words referring to one gender include every other gender.
  4. Words referring to a singular number include the plural, and words referring to a plural include the singular.

III. Words referring to a person or persons includes companies, firms, corporations, organisations and vice versa.

  1. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
  1. YOUR AGREEMENT AND REPRESENTATIONS
  2. By continuing to use the Product and the Items You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms or do not agree to be bound by them then you must stop using the Items immediately. We only agree to provide use of the Items to You if You agree to these Terms.
  3. By continuing to use the Product and the Items You represent and warrant to Us that You have legal capacity to enter these Terms.
  4. By continuing to use the Product and the Items You represent and warrant to Us that You have complied with all of these Terms.
  1. AGE RESTRICTION
  2. In order to use the Items, You must be aged at least 16 years.
  3. By using the Items, You represent and warrant that You are aged at least 16 years.
  4. We accept no responsibility or liability for any misrepresentation of Your age.
  1. LICENCE TO USE PRODUCT, CONTENT AND MATERIALS
  2. We may provide You with certain other Items in connection with Your use of the Product.
  3. Subject to these Terms, We grant You a licence to use the Product, Content and Materials solely in connection with Your use of the Items. The licence created under these Terms is non-exclusive, limited, non-transferable, worldwide and revocable.
  4. You may not use the Product, Content or Materials for any purpose other than in accordance with the licence that is provided under this clause, and this licence to use the Product, Content and Materials terminates upon Your cessation of use of the Items or upon termination of this Contract.
  1. SALE OF GOODS/SERVICES
  2. We may sell Goods or Services or may allow third parties to sell Goods or Services on the Product. If this occurs, then some specific exclusions of liability will apply, as described in the “Exclusion of Liability” clause.
  3. Please refer to Our additional terms and conditions for sale of goods and/or terms and conditions for sale of services as applicable.
  1. EXCLUSION OF LIABILITY
  2. The Product, Content and Materials are provided for general information only and may change at any time without prior notice.
  3. You accept and acknowledge that the Items may contain mistakes, errors and inaccuracies.

c Your use of the Product, Content and Materials is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content or other information available through the Product suits Your particular purpose.

  1. Neither We, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.
  2. To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms.
  3. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.
  4. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption to business.
  5. To the maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Items.
  6. for Goods and/or Services sold by third parties via the Product or via Third Party Links (hereinafter “Third Party Goods and Services”):
  7. You acknowledge and agree that We have no control over those Third Party Goods and Services and that You purchase such Third Party Goods and Services at Your own risk.
  8. You acknowledge and agree that We assume no liability and provide no warranties or guarantees regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of Third Party Goods and Services.

III. For any claim You may have against the third party provider of the Third Party Goods and Services (such as the manufacturer or vendor) You agree to pursue that claim directly with that third party provider of the Third Party Goods and Services and not with Us.

  1. To the maximum extent permitted by law, You hereby release Us from any claim related to Third Party Goods and Services including any and all warranty and product liability claims.
  1. DELIVERY
  2. We may arrange delivery of Physical Goods by courier or by Australia Post. We process deliveries promptly upon receipt of full payment.
  3. Delivery of physical Goods within Australia may take: 3 and 21 business days
  4. Any digital Goods are delivered immediately. You acknowledge and accept that there are inherent risks with downloading any digital Goods. Please contact Us using the details at the end of these Terms if You experience technical problems regarding delivery of digital Goods.
  5. We take no responsibility for Goods that are lost or damaged during delivery.
  6. We may choose in Our sole discretion whether or not to replace Goods which are lost or damaged during delivery.
  7. Any disputes regarding physical Goods which are lost or damaged during delivery should be directly taken up with the relevant courier company or with Australia Post as applicable.
  1. RETURNS/REFUNDS/REPAIRS
  2. We handle returns, refunds and repairs in accordance with Our obligations under the Australian Consumer Law.
  3. If You are seeking a return, refund or repair and you are outside of the 5 day cooling off period ,that is stipulated upon enrolment, you will be held to a cancelation fee worth 50% of your enrolment to be paid upfront.
  1. INDEMNITY

You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.

 

  1. TERMINATION
  2. We may immediately terminate these Terms at any time, with or without cause.
  3. We specifically reserve the right to terminate these Terms if You breach these Terms in any way.
  4. These Terms terminate automatically if we cease to operate the Product for any reason.
  5. If You have registered for an account with Us, You may terminate these Terms at any time by contacting Us and requesting termination.
  6. At the termination of these Terms, any provisions which would by their nature be expected to survive termination shall remain in full force and effect, including but not limited to Our exclusions of liability as outlined in the “Exclusions of Liability” clause.
  1. ACCEPTABLE USE
  2. You agree not to use the Product or the Items for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Product or the Items in any way that could damage the Product, the Items, or Our general business.
  3. You further agree not to use the Product or the Items:
  4. to harass, abuse, or threaten any other person or to otherwise violate any other person’s legal rights;
  5. to violate any intellectual property rights of Us or of any third party;

III. to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

  1. to commit any kind of fraud;
  2. to engage in or create any unlawful gambling, sweepstakes or pyramid schemes;
  3. to publish or distribute any obscene or defamatory material;

VII. to publish or distribute any material that incites violence, hatred or discrimination towards any person, group or community;

VIII. to unlawfully gather information about others.

  1. Unauthorised use by You of the Items may be a criminal offence and may give rise to a claim for damages.
  1. VARIATION OF TERMS
  2. You hereby acknowledge and agree that these Terms may be varied or amended from time to time in Our sole discretion. If You continue to use the Product following any such variation or amendment You will be deemed to have confirmed and agreed to the new Terms as varied or amended.
  3. You agree to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modifications or variations. You further agree to clear Your cache when doing so in order to avoid accessing a prior version of these Terms.
  4. In the event that You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms.
  1. THIRD PARTY LINKS
  2. You hereby acknowledge that We may from time to time include links or references to other websites, other content or other materials (hereinafter “Third Party Links”), none of which are controlled by Us.
  3. You hereby acknowledge that these Third Party Links are provided for Your information only and that We do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Third Party Links. We do not endorse, approve or support these Third Party Links. You use the Third Party Links at Your own risk.
  1. AFFILIATE MARKETING AND ADVERTISING
  2. Through the Product and other Items, We may engage in affiliate marketing whereby We receive a commission on or a percentage of proceeds of sales of Third Party Goods and Services that occur through Our Product and other Items.
  3. Through the Product and other Items, We may accept advertising and sponsorships from commercial businesses whereby third parties pay us to advertise on the Product or through Our other Items, or we may receive other forms of advertising compensation.
  1. CHANGES TO PRODUCT
  2. You acknowledge and agree that We may, in Our sole discretion, vary, alter, amend, change or update the Content, Materials or the Product at any time.
  3. You acknowledge, agree and accept that the Product may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).
  4. You acknowledge, agree and accept that We take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for the Items being temporarily unavailable, whether due to reasons within our control or not.
  1. INTELLECTUAL PROPERTY
  2. The Items contain intellectual property that is owned by Us and/or that is licensed to Us. This includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content, Materials and Goods as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Items (hereinafter “Company IP”).
  3. You hereby acknowledge and agree that, as between Us and You, We own all intellectual property rights in the Items and that nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You.
  4. You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.
  5. You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs) without express written permission from Us.
  6. All of the provisions of this clause in relation to “Intellectual property” shall survive any termination of these Terms.
  1. USER REGISTRATION
  2. You may be asked to register with Us in order to use or access the Items.
  3. If You register with Us, You may be asked to provide personal details such as Your name and email address, as well as choosing a user name and a password (“Identifying Information”). This Identifying Information will allow You to access the Items.
  4. You acknowledge that You are responsible for ensuring the accuracy of any Identifying Information You provide as part of the registration process.
  5. You agree that You will not share your Identifying Information with any third party and if You discover that Your Identifying Information has been compromised, You agree to notify Us immediately in writing.
  6. You acknowledge that You are responsible for maintaining the safety and security of Your Identifying Information as well as keeping Us informed of any changes to Your Identifying Information.
  7. You acknowledge that providing false or misleading information, or using the Items to further fraud or unlawful activity is grounds for immediate termination of these Terms.
  1. PRIVACY
  2. Through Your use of the Product or other Items, You may provide Us with some of Your personal information. By using the Product or Items, You authorise Us to use Your information in Australia and any other country where We operate.
  3. We take Our privacy obligations very seriously.
  4. Please refer to Our privacy policy for further information about what information We collect, how We use it and store it, and Your rights in relation to it.
  1. REVERSE ENGINEERING AND SECURITY

You agree not to:

  1. reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Items; and
  2. violate the security of the Items through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.
  1. SPAM POLICY

You are prohibited from using the Items for the purpose of gathering email addresses and/or personal information from people, companies or other organisations and/or for sending bulk emails or unsolicited emails.

 

  1. GENERAL PROVISIONS
  2. Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by Us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.
  3. Applicable law: Your use of the Product and the Items is subject to the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.
  4. Written communication: In relation to any correspondence or notification which is required under these Terms to be provided in writing from one party to the other party:
  5. such notice is properly given if given to the other party:
  6. by email to an email address that the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.
  7. by facsimile to a facsimile address which the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.
  8. by post to a postal address the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.
  9. such notice is taken to be received:
  10. if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.
  11. if sent by facsimile, at the time shown of correct and complete transmission to the recipient’s facsimile number by the sending machine.
  12. if sent by prepaid post within Australia, five (5) days after the date of posting.
  13. if sent by prepaid post to or from an address outside Australia, twenty-one (21) days after the date of posting.
  14. No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under these Terms without Our prior written consent.
  15. Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.
  16. No waiver: In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.
  17. Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.
  18. Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by them.
  19. Separate agreements: You may have other legal agreements with Us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements You may have with Us.
  1. CONTACT US

You can contact us about these Terms using the following details:

(P) +61 478 580 117

(P) +61 420 312 835

(E) info@startworking.com.au

(M) 16 Miller Street Richmond 3121

The following terms and agreements layout the contract of enrolment between:

“Training Provider”

Startworking.com.au Pty Ltd

ABN: 17641162291

Contact: Cameron Gilmour – 0478 580 117

And

“The Student”

Any person who has agreed or will agree to the following terms and conditions – all personal information to be provided upon enrolment, either over the phone or in the enrolment form filled out or to be filled out.

By agreeing to these terms, the student: 

Understands that they have a 5-day cooling off period which starts from the date and time of their enrolment and if they decide that they do not wish to go ahead, they must contact the training provider in writing within this 5-day period to withdraw.

If the student requests to cancel outside of the 5-day cooling off period, the student may be liable for a cancellation fee that is equivalent to 50% of the remaining contract value of the enrolment - to be paid out in full. 

Understands that if they wish to receive a Camera, Makeup Kit or any other additional kits provided by Startworking.com.au Pty Ltd they are required to be approved for a payment plan through one of our third-party finance providers. 

Confirms that they will have access to a computer and internet connection for the duration of their enrolment with us.

Confirms that they have no disabilities, impairments or long-term medical conditions which may affect their training.  

Understands that this a short course and not an Australian Qualifications Framework Course. 

Agrees that startworking.com.au PTY LTD may use the details provided by the student, in the enrolment form, for a Direct Debit Authority through ASSEMBLY PAYMENTS PLATFORM PTY LTD
TRADING AS ASSEMBLY PAYMENTS and PAYLEADR PTY LTD. 

Agrees that StartWorking.com.au PTY LTD. reserves the right to deduct the total amount in default as required from the account details you have provided, plus default fees, administration fees and potential legal fees.  

Understands that if they are late on three or more consecutive payments they may be liable for the total amount owing plus administration and legal fees incurred by the late paymens.

Confirms that they understand the terms and agreements set out in this contract.

An Establishment Fee of $6.60 will be collected with your first payment
and a Failed Payment Fee of $6.60 will be charged for any failed payments

DIRECT DEBIT REQUEST AND AUTHORITY TO DEBIT

You request and authorise ASSEMBLY PAYMENTS PLATFORM PTY LTD TRADING AS ASSEMBLY PAYMENTS & user id 481561 to arrange, through its own financial institution, a debit to your nominated account
any amount ASSEMBLY PAYMENTS PLATFORM PTY LTD AS ASSEMBLY PAYMENTS, has deemed payable by you. This debit or charge will be made through the Bulk Electronic Clearing System (BECS) from your
account held at the financial institution you have nominated below and will be subject to the terms and conditions of the Direct Debit Request Service Agreement By signing and/or providing us with a valid
instruction in respect to your Direct Debit Request, you have understood and agreed to the terms and conditions governing the debit arrangements between you, ASSEMBLY PAYMENTS PLATFORM PTY LTD
TRADING AS ASSEMBLY PAYMENTS and PAYLEADR PTY LTD as set out in this Request, in your Direct Debit Request Service Agreement and in your Customer Agreement.
D

DEFINITIONS

account means the account held at your financial institution from which we are authorised to arrange
for funds to be debited.
agreement means this Direct Debit Request Service Agreement between you and us.
banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout
Australia.
debit day means the day that payment by you to us is due.
debit payment means a particular transaction where a debit is made.
direct debit request means the Direct Debit Request between us and you.
Payleadr means Payleadr Pty Ltd ACN 615 881 162.
us or we means ASSEMBLY PAYMENTS PLATFORM PTY LTD TRADING AS ASSEMBLY PAYMENTS (the
Debit User) you have authorised by requesting a Direct Debit Request.
you means the customer who has signed or authorised by other means the Direct Debit Request.
your financial institution means the financial institution nominated by you on the DDR at which the
account is maintained.

1. Debiting your account

1. By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us
to arrange for funds to be debited from your account. You should refer to the Direct Debit Request
and this agreement for the terms of the arrangement between us and you.
2. We will only arrange for funds to be debited from your account as authorised in the Direct Debit
Request.
or
We will only arrange for funds to be debited from your account if we have sent to the address
nominated by you in the Direct Debit Request, a billing advice which specifies the amount payable by
you to us and when it is due.
3. If the debit day falls on a day that is not a banking day, we may direct your financial institution to
debit your account on the following banking day. If you are unsure about which day your account has
or will be debited you should ask your financial institution.

2. Amendments by us

1. We may vary any details of this agreement or a Direct Debit Request at any time by giving you at
least fourteen (14) days written notice.
2. Despite any provision to the contrary, to the maximum extent permitted by law, we may at any
time and for whatever reason assign or novate any of our rights, obligations or interests under this
agreement and the Direct Debit Request, in whole or in part, to Payleadr, by providing you with at
least fourteen (14) days written notice. Without limiting our rights under this agreement and the
Direct Debit Request, you hereby:
(a) authorise and consent to Payleadr making such changes to this agreement and the Direct Debit
Request to reflect the assignment or novation, including, but not limited to, replacing references to
‘us’, ‘we’ and ‘PromisePay Pty Ltd Trading As Assembly Payments’ with ‘Payleadr’ and replacing the
user id in the direct debit request with the user id assigned to Payleadr; and
(b) acknowledge and agree to do all things reasonably necessary, including, without limitation, agree
to any agreement (if required), comply with any of our (or Payleadr’s) reasonable requests, or provide
us (or Payleadr) with any information or documentation, to give effect to this clause 2.

3. Amendments by you

You may change*, stop or defer a debit payment, or terminate this agreement by providing us with at
least fourteen (14 days) notification by writing to:
Accounts Department
Assembly Payments
Level 3 48 Cambridge Street
Collingwood 3066 VIC
or by emailing us at accounts@assemblypayments.com during business hours; or arranging it through
your own financial institution, which is required to act promptly on your instructions.
*Note: in relation to the above reference to ‘change’, your financial institution may ‘change’ your
debit payment only to the extent of advising us of your new account details.

4. Your obligations

1. It is your responsibility to ensure that there are sufficient clear funds available in your account to
allow a debit payment to be made in accordance with the Direct Debit Request.
2. If there are insufficient clear funds in your account to meet a debit payment:
(a) you may be charged a fee and/or interest by your financial institution;
(b) you may also incur fees or charges imposed or incurred by us; and
3. You should check your account statement to verify that the amounts debited from your account
are correct.

5. Dispute

1. If you believe that there has been an error in debiting your account, you should notify us directly at
accounts@assemblypayments.com and confirm that notice in writing with us as soon as possible so
that we can resolve your query more quickly. Alternatively you can take it up directly with your
financial institution.
2. If we conclude as a result of our investigations that your account has been incorrectly debited we
will respond to your query by arranging for your financial institution to adjust your account (including
interest and charges) accordingly. We will also notify you in writing of the amount by which your
account has been adjusted.
3. If we conclude as a result of our investigations that your account has not been incorrectly debited
we will respond to your query by providing you with reasons and any evidence for this finding in
writing.

6. Accounts

You should check:
(a) with your financial institution whether direct debiting is available from your account as direct
debiting is not available on all accounts offered by financial institutions.
(b) your account details which you have provided to us are correct by checking them against a recent
account statement; and
(c) with your financial institution before completing the Direct Debit Request if you have any queries
about how to complete the Direct Debit Request.

7. Confidentiality

1. We will keep any information (including your account details) in your Direct Debit Request
confidential. We will make reasonable efforts to keep any such information that we have about you
secure and to ensure that any of our employees or agents who have access to information about you
do not make any unauthorised use, modification, reproduction or disclosure of that information.
2. We will only disclose information that we have about you:
(a) to the extent specifically required by law; or
(b) for the purposes of this agreement (including disclosing information in connection with any query
or claim).

8. Notice

1. If you wish to notify us in writing about anything relating to this agreement, you should write to:
Accounts Department
Assembly Payments
Level 3 48 Cambridge Street
Collingwood 3066 VIC
accounts@assemblypayments.com
2. We will notify you by sending a notice in the ordinary post to the address you have given us in the
Direct Debit Request.
3. Any notice will be deemed to have been received on the third banking day after posting.

CUSTOMER AGREEMENT

This Agreement is between Payleadr Pty Ltd ACN 615 881 162 (we, us) and you (being a customer of
the Business) and sets out the terms upon which we will arrange for your Nominated Account or
Card to be debited for amounts due by you under this Agreement.

1. Agreement

By agreeing to the Payment Plan, you agree to be bound by this Agreement. The Payment Plan is
incorporated into this Agreement. In the event of an inconsistency between this Agreement and the
Payment Plan, the Payment Plan will prevail to the extent of the inconsistency.

2. Interpretation and definitions

In this Agreement unless the contrary intention appears:
a) Account means the account you establish on the Platform to agree to the Payment Plan and
access other features about the Payment Plan which are available on the Account.
b) Assembly means Promise Pay Pty. Ltd. ACN 167 436 722 trading as Assembly Payments.
c) Business means the business you receive goods or services from in exchange for making payments
under the Payment Plan.
d) Business Day means any day other than a Saturday, Sunday or public holiday in the State of New
South Wales.
e) Claim means any claim, action, proceeding, demand, cost, damage, loss, expense (including
reasonable legal costs on a full indemnity basis), liability incurred or suffered by, or brought or made
or recovered against any person and however arising (whether or not presently ascertained,
immediate, future or contingent).
f) Consequential Loss means any indirect, special, consequential, punitive or exemplary damages,
expenses, losses or costs, loss of anticipated or actual revenue or profits, loss of or inability to use
equipment, a failure to realise anticipated savings, lost data, down time costs or loss of goodwill.
g) DDR Service Agreement is the DDR Service Agreement you enter into with Assembly under which
Assembly will direct debit amounts owing by you under this Agreement from your Nominated
Account or Card.
h) Establishment Fee means the establishment fee we charge (if any) as set out in the Payment Plan.
i) Failed Payment Fee means the failed payment fee we charge (if any) as set out in the Payment
Plan.
j) Loss means any damage, loss, cost, charge, expense or liability however arising (including
contractual, tortuous, legal, equitable loss or loss pursuant to statute).
k) Nominated Account or Card means the bank account (which must be held with an ADI), credit
card or debit card (which must be issued by an ADI) which you nominate to be direct debited to pay
amounts owing by you under this Agreement.
l) Payment Plan means the terms on which you will make regular direct debit payments to the
Business in exchange for receiving goods or services from that Business.
m) Platform means our online direct debit platform and includes the Account.
E info@payleadr.com
Payleadr Pty. Ltd. ACN 615 881 162 • PO BOX 433 Rose Bay NSW 2029 www.payleadr.com
DIRECT DEBIT AUTHORITY AND CUSTOMER AGREEMENT (1/2)
Initials:

3. Business

a) You and the Business have entered into an arrangement under which the Business Page 2 of 4
provides goods or services to you in exchange for you making regular payments to the Business in
accordance with the Payment Plan.
b) We have been appointed by the Business to administer the Payment Plan on its behalf, which
includes collecting payments owing by you under the Payment Plan. Other than the Establishment
Fee, Failed Payment Fee and amounts owing to us under clause 10(c), funds collected by us under
this Agreement will be remitted to the Business in satisfaction of amounts owing by you to the
Business.
c) You must contact us if you have questions about the general administration of the Payment Plan.
However you must contact the Business if you wish to amend or otherwise renegotiate the terms of
the Payment Plan.
d) We do not provide any warranty or assurance in relation to the goods or services provided by the
Business. You must contact and deal with the Business if you have any questions or complaints about
their goods or services.

4. Payment Plan

a) The Payment Plan is agreed between you and the Business. You must complete the required fields
to establish an Account.
b) The Payment Plan may contain terms relating to:
i. the minimum number of payments, which requires you to make at least the minimum number of
payments at the payment amount specified in the Payment Plan;
or
ii. the minimum value amount of the contract, which requires you to make payments which in total
are at least equal to the minimum value amount specified in the Payment Plan.
c)Acceptance of a Payment Plan constitutes your agreement with the Business to the terms of the
Payment Plan and your agreement to this Agreement which authorises us to act on behalf of the
Business in relation to the administration of the Payment Plan.
d) The Account is the facility from which you can provide us with instructions to amend your personal
and payment details or cancel the Payment Plan. If you amend payment details or cancel the
Payment Plan, you must ensure that those instructions are submitted on the Account at least 1
Business Day before the next payment date is due under the Payment Plan to ensure subsequent
payments reflect your instructions.
e) You must not provide your Account password to anyone. You authorise and instruct us to act on
instructions you provide to us on the Account without inquiring as to the identity or authority of the
person providing the instructions. You will be responsible and liable for instructions provided on the
Account regardless of whether they were made or authorised by you. You must immediately notify us
if your Account password is compromised.
f) Your arrangement with the Business may entitle the Business to amend the terms of the Payment
Plan. If the Business makes any amendment to the Payment Plan, we will deem the amended
Payment Plan to have replaced the original Payment Plan for the purposes of performing our
obligations under the Agreement. You must promptly contact us if you consider that the Business has
amended the Payment Plan in breach of its contract with you.

5. Fees

a) You agree to pay us the Establishment Fee in accordance with the Payment Plan.
b) We will provide you with notice if a direct debit is dishonoured (at which point it will become
overdue) and we will attempt to make the direct debit again within 14 Business Days after the initial
attempt was Page 3 of 4 made. You will be liable to pay us the Failed Payment Fee for each
dishonoured direct debit.

6. Direct Debit

a) You agree to pay us amounts owing by you under this Agreement, including amounts payable by
you under and in accordance with the Payment Plan.
b) If any amounts owing by you under this Agreement are in arrears, such amounts will be
immediately due and payable by you.
c) You agree that amounts owing by you under this Agreement will constitute amounts owing by you
under the DDR Service Agreement and you authorise Assembly to debit such amounts from your
Nominated Account or Card in accordance with the DDR Service Agreement.

7. Termination

a) We may terminate this Agreement if you have breached the terms of this Agreement and have not
remedied the breach to our reasonable satisfaction within 10 Business Days after we have provided
you with notice of the breach.
b) You may terminate this Agreement at any time.
c) Regardless of how this Agreement is terminated, if your Payment Plan:
i. contains a minimum number of payments period and you have not made the minimum number of
payments at the payment amount specified in the Payment Plan; or
ii. contains a minimum value of contract amount and the payments made by you are less than this
amount, you will be liable to pay us such amounts which are required to ensure you meet the
minimum terms of the Payment Plan. Such amounts will constitute a debt owing and will be
immediately due and payable to us.
d) We may, upon receiving instructions from the Business, engage a debt collection agency to collect
any amounts owing by you under this Agreement. In such cases the total outstanding balance
remaining under your Payment Plan will become immediately due and an additional debt collection
fee of no more than 25% of the outstanding balance remaining under your Payment Plan will be
added to the amount owing to cover the costs of debt collection.
e) You acknowledge that we may disclose to a credit reporting body details of any amounts owing by
you under this Agreement where these amounts are overdue by more than 60 days and the overdue
payment relates to an amount of $150 or more.
f) Termination of this Agreement will also terminate the DDR Service Agreement.

8. Privacy

We will collect, handle and use your personal information in accordance with our privacy policy
available at https://www.payleadr.com. Our privacy policy contains important information about the
purposes for which we collect personal information, the entities to which we may disclose the
information we collect (including any overseas disclosures that we may make), how you can access
and seek correction of the personal information we hold about you or how you can make a
complaint about our handling of your personal information.

9. No warranty and IP

a) We do not give any express warranty in relation to the Platform, including that it will be suitable,
of merchantable quality or fit for any particular purpose. We do not give any implied warranties in
relation to the Platform, except for those implied under law which cannot be excluded by contract.
b) All rights, title and interest in the Platform are owned by us.
c) Until this Agreement is terminated, we grant you a revocable, non-exclusive, nontransferable
licence to use the Platform. You grant us with a non-exclusive, irrevocable and sub-licensable right to
use any information you submit on the Platform for the purposes of performing our obligations
under this Agreement, which includes sharing that information with Assembly. Other than as set out
in this clause, the Agreement does not transfer any rights between you and us.
d) You may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, decompile,
disassemble or otherwise attempt to copy or reproduce the Platform. e) Your access to the Platform
is dependent on you accessing the Platform from a compatible device. We may publish a list of
compatible devices on our website from time to time. We may modify or update software or other
infrastructure supporting the Platform and, if that modification or update requires you to update
software, systems or take any other action, you will receive notice which sets out reasonable
particulars of the actions we require you to undertake and the timeframe that you are required to
undertake them. You may not have access to the Platform if you do not comply with this notice.

10. Liability and indemnity

a) To the maximum extent permitted by law, we exclude our liability to you in relation to any Claim
you may have against us in connection with this Agreement. If our liability cannot be excluded by
law, and to the extent we are entitled to do so by law, we limit our liability in respect of such Claim
to, at our option, the re-supply of the relevant services (which are subject of the Claim) or payment
of the cost of having those services supplied again.
b) In the event clause 10(a) is not enforceable, we will not be liable to you in any circumstance for
any Consequential Loss you suffer or are otherwise entitled to in relation to any Claim you may have
against us under or in connection with this Agreement.
c) To the maximum extent permitted by law, you agree to indemnify us and pay us on demand for
any Loss we incur or suffer as a result of engaging a debt collector agency to collect amounts owing
by you or your breach of the terms of this Agreement or your fraud, wilful misconduct or negligence.

11. Miscellaneous

a) This Agreement is governed by the laws in force in New South Wales and the parties submit to the
non-exclusive jurisdiction of the courts in that jurisdiction.
b) We can unliterally vary the terms of this Agreement by providing you with 30 days’ notice of the
variation. The variation may come into effect after the notice period expires or at a later date
specified in the notice. You agree to any variation by continuing to use the Platform after the date
the variation takes effect. c) If any term in this Agreement is unenforceable, illegal or void then it is
severed from this Agreement and the rest of the Agreement remains in full force. d) We may provide
you with notice in relation to this Agreement electronically, which includes emailing you or posting a
communication on the Platform. You will be deemed to have received the notice at the same time
we post or send the communication. You may provide us with notice in relation to this Agreement by

Meet Our Partners

Do You Need Other Training?

As a proud member of TheStartGroup.Education, we offer a wide range of training in everything from business administration to Make-Up Artistry!