TERMS AND CONDITIONS


1. INTRODUCTION

1.1 This document outlines the Terms and Conditions between the not-for-profit organisation Pay It Forward Scholarships Limited (ABN 69 631 117 229) (“Pay It Forward Scholarships”, “us” or “we”) and the school providing scholarships via the website at www.pifs.org.au (“you” or “the issuing school”). These scholarships are listed and administered at www.pifs.org.au and allow students to attend a face-to-face, virtual or distance education course at no cost to the student.

1.2 You must read and accept these Terms and Conditions in their entirety before listing any scholarships at www.pifs.org.au.

2. AGREEMENT TERMINATION

2.1 This agreement may be terminated by either party at any time and for any reason without prior notice.

3. YOUR OBLIATIONS AND WARRANTIES

3.1 You agree to:

  • list scholarships only for courses that you have the capacity and expertise to provide and for which you possess all necessary regulatory approvals;
  • deliver the quantity of scholarships that you advertise at www.pifs.org.au;
  • accept or reject all scholarship applications that you receive from us within the maximum period that you specify within the portal at www.pifs.org.au, and using the controls within the portal at www.pifs.org.au;
  • be liable for all costs incurred in delivering the scholarships that you offer;
  • not charge the scholarship recipients any fee or cost to attend and complete the scholarship course;
  • use the website in accordance with the instructions listed at www.pifs.org.au/want-to-help/how-to-create-a-scholarship/;
  • not use the website at www.pifs.org.au for any purpose other than to advertise scholarships; and
  • notify us of any change to the enrolment status of successful scholarship applicants (such as withdrawal, suspension or graduation) within seven days of the status change occurring.

3.2 You warrant that:

  • the Services will be provided in accordance with this Agreement;
  • you and your employees have the qualifications and experience to provide the Services;
  • you are in good standing under the laws of your place of registration (or incorporation) and your business has been conducted and is now being conducted in accordance with those laws;
  • you have the power and authority to enter into and perform its obligations under this Agreement;
  • this Agreement constitutes legal, valid and binding obligations on it fully enforceable in accordance with its terms and that the terms of this Agreement have, or will be, where applicable, complied with by it in all material respects;
  • you have the appropriate licences, rights and/or title to any products or materials provided in connection with the Services; and
  • you are not a party to any agreement, written or oral, that conflicts with this Agreement;

3.3 You agree that you do not have any exclusive rights under this Agreement and we have the right to accept scholarships from other schools leading to an identical or substantially identical qualification that you offer.

4. SCHOLARSHIP APPLICANT OBLIGATIONS

4.1 The terms and conditions for applicants for a scholarship, including their obligations and your rights, are listed at https://pifs.org.au/scholarship-terms.

5. PRIVACY

5.1 You agree that we may use your details as provided by you in your portal at www.pifs.org.au for marketing and publicity purposes.

5.2 We agree that you may advertise your involvement with us and share our publicly available details for marketing and publicity purposes. You may publish either of the following logos online, provided that the image is hyperlinked to www.pifs.org.au.


5.3 Each party agrees to describe the other party and this agreement in a way that is not prejudicial to the goodwill, commercial reputation, or public image of the other party. This subclause 5.3 continues after this Agreement terminates.

6. RELATIONSHIP

6.1 Nothing in this Agreement constitutes a relationship of employer and employee, principal and agent, or partnership between you and us or any Persons employed or engaged by you or us.

7. INTERPRETATION

7.1 Part or all of any clause of this Agreement that is illegal or unenforceable will be severed from the Agreement and the remaining provisions of the Agreement continue in force. This Agreement is governed by the laws of the State of Queensland and the parties submit to the jurisdiction of the Courts of that State.

7.2 This Agreement constitutes the entire agreement between the parties as to its subject matter and supersedes all prior understandings or agreements between the parties and any prior condition, warranty, indemnity or representation imposed, given or made by a party in connection with that subject matter. We reserve the right to amend these terms and conditions as determined solely by us and without notice.

8. INDEMNITY

8.1 You indemnify us against all claims, demands, liabilities, suits, costs, and expenses whatsoever and however arising out of the performance of the Agreement, including all claims, that we may sustain or incur as a result, whether directly or indirectly, of:

  • any breach of this Agreement;
  • your performance of, or failure to perform, your obligations under this Agreement, including any defect in the Services provided by you;
  • breach by you of any representation, warranty or agreement contained in or in connection with this Agreement, whether express or implied;
  • any act or omission of you or any Persons employed or engaged by you; or
  • any claim, entitlement or demand against us by any Persons employed or engaged by you;

9. DISPUTE RESOLUTION

9.1 A party must not start arbitration or court proceedings [except proceedings seeking interlocutory (provisional) relief] about a dispute arising out of this agreement (‘Dispute’) unless it has complied with this clause.

9.2 A party claiming that a Dispute has arisen must notify the other party giving details of the Dispute. During the thirty (30) day period after the notice is given (or any longer period agreed in writing by the parties) each party must use its best efforts to resolve the Dispute.

9.3 If the parties are unable to resolve the Dispute within the thirty (30) day period, each party agrees that the Dispute must be referred for mediation, at the request of either party, to a mediator agreed on by the parties; or a mediator nominated by the then President of the Queensland Law Society or the President’s nominee.

9.4 Any information or documents disclosed by a party under this clause must be kept confidential; and may not be used except to attempt to resolve the Dispute.

9.5 Each party must bear its own costs of complying with this clause and the parties must bear equally the costs of any mediator engaged.

9.6 This clause 9 does not apply to a decision to terminate or not renew this Agreement pursuant to clause 2.



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