These terms and conditions document the agreement between Solace of Soul (“Solace of Soul”, “us” we”) and You (“you”, your”) whereby you agree to enter into a payment plan to repay the monies owing to Solace of Soul (“Solace of Soul”).

 

You owe Solace of Soul the balance of your amount (the “balance”). You agree to repay the balance by entering into the agreed payment plan that you specified on your booking form and registration, including any verbal or written variation that you make to your agreed payments plan (“payment plan”) that has been officially approved and accepted by our accounts management team in accordance with these payment terms and conditions (“terms and conditions”).

 

You agree to make payment amounts specified and made by you as payment of the balance outstanding to Solace of Soul until the balance of your course is repaid in full.

 

Payments will be due monthly as per each individual invoice sent.

 

By entering into this payment plan, you acknowledge and agree to be bound by these terms and conditions as outlined below. We also agree to be bound by these terms and conditions. If there is any inconsistency between these terms and conditions and any other terms set out on our website, these terms and conditions will prevail with respect to your payment arrangement (except as expressly contemplated by these terms and conditions).

1. Acknowledgement of the balance

You agree that you acknowledge that the amount stated within the payment plan is the amount owed to Solace of Soul as the full payment amount of the outstanding balance.

2. Payment plan

1. You agree that we will make arrangements with you to repay Solace of Soul in accordance with the payment plan in place.

2. We will have payment records which we will provide to you in relation to your balance.

3. You agree that the amount specified in the payment plan will be paid to Solace of Soul for the payment instalment of your balance for the period specified in the payment plan until the total outstanding balance is repaid in full.

4. All instalments under your payment plan must be paid on or before the due date.

5. You will receive payment reminders if any of your payment plan instalments become overdue.

6. Payment

1. All payments made via PayPal. You warrant that it is your responsibility to do your own due diligence to have read, understood and agree to be bound by PayPal terms and conditions which are available on the PayPal website.

2. You acknowledge and agree that where a request for a payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the payment and that this maybe added to your next instalment.

3. If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

7. Settlement in full

• Your settlement in full must be completed within the time frame specified in your payment plan offer.

• If you fail to make your agreed payments and it extends past the completion of your course date (final date of course attendance) without prior approval from our accounts management team, OR your plan is cancelled, you will be ineligible for to receive your certification unless your account balance is finalised.

8. Settlement plan

• Your payment plan must be created to start by the date specified in the payment plan offer.

• Your payment plan must be completed within the time frame specified in your payment plan offer.

• If you miss a payment and it pushes your plan to complete outside of the timeframe specified OR your plan is cancelled, you will be ineligible to receive your certification.

9. Refund Policy

There are not refunds available with this Payment Plan, however, Solace of Soul will only provide you with a refund of the payment in the event that we are unable to continue to provide the online services, you have made an overpayment or if Solace of Soul determines in its absolute discretion that it is reasonable to do so under the circumstances.

10. Failure to make payments

If you fail to make a specified payment on the payment date, there is a risk that the payment plan will be cancelled, and you may incur additional fee and charges from Solace of Soul. If you are having trouble paying your invoice by it’s due date, please contact our account management team immediately to avoid this risk.

11. Changes to this plan

No changes will be made unless you make a variation to the payment plan and this is approved in writing by our accounts management team. Any prior arrangements made in writing or orally are superseded by the current payment plan.

13. Your Obligations

By using Solace of Soul’s services, you agree that you must:

1. not provide us with information which is false or misleading or inaccurate;

2. provide and update your contact details or preferred method of contact;

14. Liability

You acknowledge and agree, in respect of Solace of Soul, and its respective employees, directors, officers, related bodies corporates, agents and contractors (together, relevant persons), that none of the relevant persons will be liable in respect of:

1. any failure to provide the service; or

2. any failure to comply with these terms and conditions, if the failure or non-compliance is caused by events beyond its reasonable control.

To the maximum extent permitted by law, Solace of Soul will not be liable for any loss or damage which you incur as a result of the online services “PayPal” being unavailable.

Solace of Soul will not be responsible or liable to you for any indirect, or consequential injury, loss or damage to you or your property whatsoever or howsoever arising.

Nothing in this clause or these terms limits any rights you may have under law with respect of any applicable any competition and consumer legislation.

15. Communications

You have agreed to receive all communications from us in electronic form. Communications (including any amendments to the payment plan and these terms and conditions) will also be provided to you (subject to privacy legislation compliance) in any of the following ways by notice:

1. posted on our website (where permitted under these terms and conditions); or

2. being sent to your email address;

3. sent via SMS; or

4. via other digital methods of communication.

16. Complaints

We will to the best of our ability, strive to provide you with services that exceed your expectations. However, if at times, you feel that you are not satisfied with our performance in any way, you can contact us via the ‘Contact Us’ link on our website.

If an issue has not been resolved to your satisfaction, we will handle your complaint in accordance with Consumer Complaints Legislation.

17. Amendments to these terms and conditions

Solace of Soul may amend these terms and conditions and the way in which Solace of Soul provides the online services, at any time by notice on the Solace of Soul website. You should check the Solace of Soul website regularly. Any such amendments will apply from the date stated on Solace of Soul’s website.

These terms and conditions will be available to you to view on Solace of Soul’s website.

We will not give any advance notice where an immediate change to the service or these terms and conditions is required by law or is necessary to restore or maintain the security of our systems or our website.

18. Assignment

You may not transfer or assign any of your rights or obligations under these terms and conditions without Solace of Soul’s prior consent.

Solace of Soul may transfer or assign all and any of its rights and obligations under these terms and conditions to any person, without requiring your consent.

19. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws where the services are being provided to you or the website that you are accessing i.e Queensland and Australian Federal Law.

Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the applicable jurisdiction as outlined above.

21. Interpretation

In these terms:

1. headings are inserted for ease of reference only, and do not affect the interpretation of these terms;

2. references to you or your means the customer;

3. references to the singular include the plural and vice versa;

4. references to a person include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, governmental or other regulatory body, authority or entity, in each case whether or not having a separate legal identity;

5. reference to any party includes its permitted assignee or transferee;

6. any reference to Solace of Soul includes any entity appointed to replace it;

7. reference to the “liability” of a person include references to its liability under any cause of action, whether in contract, tort, or equity or under any enactment;

8. references to any document (however described) are references to that document as modified, novated, supplemented, varied or replaced from time to time and in any form, whether on paper or in an electronic form; and

9. a reference to any legislation is a reference to that legislation as amended or replaced from time to time, and includes any regulations or legislative instrument made under it.

22. Statutory and regulatory disclosures

We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

 

These terms and conditions are Version 1.0, dated 1 January 2023.