Payment Policy

This Payment Policy ("Policy") sets out the terms and conditions that govern payments made via the TriumphED Platform.

1. Definitions

(a) In these Terms, unless the contrary intention appears:

MSC or "Mentoring Services Contract" is as defined in clause 2(a) of this Policy.
Payment Platform means the platform through which TriumphED accepts payments from Students for purchase of the Mentoring Services available via the TriumphED Platform.
Session means the provision of Mentoring Services by a Mentor to a Student pursuant to a MSC in exchange for payment of the Session Fee by the Student to TriumphED.
Session Fee means the fee charged by TriumphED and payable by a Student for a confirmed Session.
Terms means the TriumphED Website Terms of Use (as may be amended from time to time), accessible at [insert hyperlink to Website Terms of Use].

(b) Unless otherwise defined in this Policy, all other capitalised terms used in this Policy have the same meaning as in our Terms.

words in the singular include the plural and vice versa.
words importing a natural person include corporations, firms, unincorporated associations, bodies corporate, authorities and agencies.
headings are inserted for convenience and do not affect the interpretation of this Policy.
a reference to the whole of a thing includes a reference to a part of that thing.
the words "include" or "including" are to be construed without limitation.
where a word or phrase is given a defined meaning another grammatical form of that word or phrase has a corresponding meaning.

2. Mentoring Services Contract

(a) When a Student and a Mentor connect via the TriumphED Platform and agree:

that the Mentor will provide certain Mentoring Services to the Student;
to the date and time when the Session will be provided;
to the Session Fee that will be payable in respect of the Session,

the Student and Mentor are deemed to have entered into a contract pursuant to which the Student agrees to purchase and the Mentor agrees to deliver a Session. ("MSC") or "Mentoring Services Contract").

(b) The Student and Mentor who are party to a MSC, agree that each MSC:

contains a requirement for the Student and Mentor to act in good faith in the performance of the MSC;
must not be made subject to any provisions that breach or could breach, the Terms.

(c) Members acknowledge and agree that the due and proper performance of the MSC and compliance with the terms described in clause 2(b) is crucial for TriumphED as it impacts upon the goodwill, value and reputation of TriumphED and the TriumphED Platform. Accordingly, the Student and Mentor acknowledge and agree that TriumphED may in its sole discretion take any action it deems appropriate in respect of any MSC in order to grow, improve and/or protect the goodwill, value and reputation of TriumphED and the TriumphED Platform, including without limitation, suspension or termination of the MSC or instigating legal proceedings or other dispute resolution measures.

3. Payment – Session Fee

(a) Once a MSC has been entered into between a Student and a Mentor, the Student must pay the agreed Session Fee for the Session the subject of the MSC upfront via Payment Platform or via such other payment method or facility available via the TriumphED Platform from time to time ("Payment Facility").

(b) The payment shall be held within the Payment Facility until such time as:

the said Session has been provided by the Mentor to the Student via Zoom (or such other online video conferencing system available via the TriumphED Platform from time to time) ("Session Platform"); and
the Session has registered as complete in the TriumphED Platform; and
TriumphED has approved distribution of the Session Fee to the Mentor and to TriumphED in accordance with the Contractors Agreement signed between TriumphED and the Mentor ("Contractors Agreement");

or until the Session Fee is refunded as permitted under this Payment Policy.

(c) TriumphED agrees to pay the Mentor the fees specified in the Contractor's Agreement in the manner outlined in that agreement.

(d) The provision of the Session shall be deemed to have been completed in the TriumphED Platform once the Session Platform utilised for the Session has been closed at the end of the Session, or once the Student confirms the Session has been completed when asked to do so by TriumphED.

(e) If there is a change in Session Fees, the Session Fee applicable at the time of booking the Session shall apply.

4. Cancellations and Refunds

(a) If a Student wishes to cancel a Session:

at any time before the scheduled start time of the Session, then the Session Fee for the Session will be credited to the "unscheduled" section of the Student's Member account, and they can book in another Session with any Mentor, or cancel the Session altogether and have the Session Fee refunded to them in full;
after the scheduled start time of the Session, then the Session Fee for the Session, the Student acknowledges and accepts that they forfeit the Session Fee, and the Session Fee will be distributed to the Mentor and to TriumphED in accordance with the Mentor Share and the TriumphED Share respectively.

(b) If a Mentor wishes to cancel a Session:

at any time before the scheduled start time of the Session, then the Session Fee for the Session will be credited to the "unscheduled" section of the Student's Member account, and the Student can then either book in another Session with the same Mentor or a different Mentor, or cancel the Session altogether and have the Session Fee refunded to them in full;
after the scheduled start time of the Session, the Student acknowledges and accepts that the Session Fee for the Session will be credited to the "unscheduled" section of the Student's Member account, and the Student can then either book in another Session with the same Mentor or a different Mentor, or cancel the Session altogether and have the Session Fee refunded to them in full.

5. GST

To the extent applicable:

(a) Definitions

GST has the same meaning as in the GST Law.
GST Law includes the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any other Act of the Parliament of Australia and any other Law that introduces, imposes, deals with or is related to a GST.
GST Rate means the GST rate from time to time provided for in the GST Law.
words and expressions used in this clause have a particular meaning in the GST Law (as defined in the GST Act and also including any applicable legislative determinations and Australian Taxation Office public rulings) have the same meaning, unless the contrary intention appears;
any reference to GST payable by a party includes any corresponding GST payable by the representative member of any GST group of which that Party is a member;
if the GST Law treats part of a supply as a separate supply for the purposes of determining whether GST is payable on that part of the supply or for the purpose of determining the tax period to which that part of the supply is attributable, such part of the supply is to be treated as a separate supply.

(b) GST on Supplies

If GST is imposed on a supply made by TriumphED and/or a Mentor under or in connection with a MSC or Services provided by TriumphED in accordance with the Terms, then in addition to the consideration payable or to be provided by the recipient of the supply (GST Exclusive Consideration), the recipient must pay the supplier an amount:

calculated by multiplying the GST Exclusive Consideration for the relevant supply by the prevailing GST Rate; and
at the same time and in the same manner as the GST Exclusive Consideration for the actual supply is paid or provided, so that the supplier is in the same financial position after payment of the GST for that supply as it would have been but for the imposition of the GST.