Terms & Conditions

These Terms and Conditions ("Terms") govern your purchase, access and use of the Broker Institute of Australia Program ("Course") and any other paid product or service offered by Broker Institute of Australia ("BIA", "we", "us", "our").

These Terms are incorporated into, and form part of, the BIA Service Agreement entered into at checkout. To the extent of any inconsistency between these Terms and the Service Agreement, these Terms prevail unless the Service Agreement expressly states otherwise.

Issuing entity: Flint Trademark Pty Ltd ACN 683 224 697 as trustee for the Broker Institute of Australia Trading Trust ABN 72 514 173 255.

To purchase and use the Course you must:

1. be at least eighteen (18) years of age;
2. be ordinarily resident in Australia, unless we expressly accept your enrolment from another jurisdiction in writing;
3. have legal capacity to enter into binding contracts; and
4. not be subject to any current professional disqualification (e.g. an ASIC banning order) that would render the Course of no benefit to you.

We may refuse to accept any enrolment, in our absolute discretion, where we reasonably consider that doing so is appropriate to protect us, other Students or the integrity of the Course.

Your Account is personal, non-transferable and may be accessed by one (1) natural person only. You must not:

1. share, sell, lend, hire, gift or otherwise disclose your login credentials;
2. permit any other person to access the Course through your Account;
3. create or operate more than one Account in respect of the same person; or
4. use any device, browser, automated tool or technique designed to mask or rotate your identity, IP address, device fingerprint or location for the purpose of evading our access controls.

We log Account access (including IP addresses, device fingerprints, login times and concurrent sessions) and may automatically terminate sessions, lock accounts, throttle access, or revoke licences where activity inconsistent with single-user use is detected. See the BIA Bad-Faith and Non-Payment Control Framework for the operational detail.

You must keep your login credentials confidential and notify us immediately at info@brokerinstituteofaustralia.com.au if you believe your Account has been accessed without your authorisation.

Pricing. The Total Course fee is AUD $3,500 (plus GST), being AUD $3,850 (inclusive of GST).

You select one of the following payment options at checkout:

1. Option A — Pay in Full: a single upfront payment of AUD $3,500 (plus GST) (AUD $3,850 (inclusive of GST)) charged at checkout.
2. Option B — Payment Plan: an upfront payment of AUD $2,000 (plus GST) (AUD $2,200 (inclusive of GST)) charged at checkout, followed by six (6) consecutive monthly instalments of AUD $250 (plus GST) (AUD $275 (inclusive of GST)) each, charged automatically on the same calendar day of each subsequent month.

GST. All Fees are quoted in Australian dollars and are exclusive of GST. GST is applied to each charge and shown separately on each tax invoice issued via Kajabi. We are registered for GST (ABN 72 514 173 255).

Authorisation. By completing checkout, you authorise us and our payment processors to charge your nominated payment method on the schedule for the option you have selected.

Failed payments. Failed payments will be retried automatically. You are responsible for ensuring that the payment method on file is current, valid and has sufficient funds. If we are unable to collect a scheduled instalment within the Grace Period, the consequences in clause 12 apply, including immediate suspension of your access.

No interest, no credit. The Payment Plan is a deferred payment arrangement for a service. It does not constitute a loan, credit contract or financial product, no interest is charged, and the National Consumer Credit Protection Act 2009 (Cth) does not apply.

Late administration fee. A late administration fee of AUD $25 may be applied for each failed instalment to cover reasonable processing and follow-up costs.

Price changes. We may change the Fees for new enrolments at any time. Existing Students continue to pay the Fees set out in their Service Agreement at the time of enrolment.

Your right to access the Course is for the Access Period only. After the Access Period ends, your access may be revoked or downgraded. We may, in our discretion, offer alumni-style ongoing access at a reduced rate.

If we materially change the Course, we will use reasonable endeavours to give existing Students reasonable notice and a comparable substitute or pro-rata remedy. This clause does not limit your rights under the ACL.

All Course Content is owned by us or licensed to us. We grant you a personal, non-exclusive, non-transferable, revocable licence to access and view the Course Content during the Access Period, solely for your own educational use.

Personal use only. Your purchase is for your personal, non-commercial use only. Sharing of your purchase with any other person — whether by sharing credentials, screen-sharing for the purpose of training another person, copying material, or otherwise — is not permitted, will be considered unauthorised, constitutes an infringing use of our copyrighted material, and may subject you to liability.

You must not, and must not permit any other person to:

1. copy, reproduce, record, screen-capture, download (except via download functions we expressly provide), distribute, publish, broadcast, sublicense, sell, rent, lease, lend, modify, translate, adapt or create derivative works of any Course Content;
2. remove, obscure or alter any copyright, trade mark or proprietary notice;
3. use any robot, spider, scraper or other automated means to access the Course or extract data from it;
4. use Course Content as training data, fine-tuning data, embeddings, retrieval-augmented generation source material, or evaluation material for any artificial intelligence or machine learning system; or
5. reverse-engineer, decompile or disassemble any software component of the Course.

Video content may not be downloaded except where a download function is expressly provided. You may, from time to time, make a temporary electronic copy of written material for the sole purpose of viewing it.

Any breach of this clause is a material breach. We may seek immediate injunctive relief in addition to any other remedy.

If you participate in any live element of the Course (including webinars, group calls, masterclasses, Q&A sessions or in-person events), you consent to your participation being recorded (audio and visual) and to those recordings being used by us for training, customer service, quality assurance, and (subject to the BIA Privacy Policy) for our internal records.

If we wish to use any recording in which you are identifiable for marketing or promotional purposes, we will seek your separate consent through the BIA Testimonial and Image Release.

If you submit any content to us or to a BIA-controlled space (including questions, comments, posts in any community channel, testimonials, photos or video), you grant us a perpetual, irrevocable, royalty-free, worldwide, sublicensable licence to host, store, reproduce, modify, publish, communicate to the public and use that content for the purpose of operating, promoting and improving BIA and its services. You warrant that you own or have the right to grant this licence and that the content does not infringe the rights of any third party or breach any law.

If you wish your name, image, voice or testimonial to be used in BIA marketing, a separate Testimonial and Image Release will apply.

You must not use the Course or any BIA service:

1. in breach of any law, including the ACL, the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), the Copyright Act 1968 (Cth) or any anti-discrimination law;
2. to harass, threaten, defame, vilify or stalk any person;
3. to transmit malware, viruses or harmful code;
4. to gain or attempt to gain unauthorised access to BIA systems or other Students' accounts; or
5. in any way that, in our reasonable opinion, brings BIA into disrepute or damages our business, reputation or relationships.

You agree that you will not make, publish or distribute any derogatory, defamatory or disparaging statement (whether oral, written, online, in print, in a community group, on social media, or in any other form) about BIA, our products, services, staff, contractors, business partners or other Students.

Nothing in this clause limits your right to:

1. make a truthful complaint through the BIA Complaints Handling Policy;
2. lodge a complaint with the ACCC, the OAIC, NSW Fair Trading or any other competent regulator or court;
3. provide truthful evidence in any legal proceeding, regulatory investigation or court process; or
4. publish a truthful, balanced review on a public review platform that complies with the ACCC's guidelines on consumer reviews.

Please contact us via official channels: by email at info@brokerinstituteofaustralia.com.au, by post to Suite 5, Level 14, 3 Spring Street, Sydney NSW 2000, or via the support functionality on the Course platform. Please respect the personal time of our staff:

1. do not contact our staff outside business hours (9.00am to 5.00pm AEST or AEDT, Monday to Friday excluding NSW public holidays);
2. do not contact our staff via personal email addresses, personal phone numbers or personal social media accounts (e.g. Messenger, LinkedIn, Instagram); and
3. communications received via channels other than those listed above may not be responded to.

The Course is general educational information designed to introduce people to the mortgage broking pathway in Australia. Nothing in the Course constitutes financial product advice, credit advice, personal advice, legal advice, tax advice, accounting advice or any other regulated advice.

BIA is not a Registered Training Organisation, is not licensed by ASIC, and does not hold an Australian Credit Licence or Australian Financial Services Licence. The full disclaimer position is set out in the BIA Disclaimer, which forms part of the Agreement.

Our services come with consumer guarantees under the ACL that cannot be excluded, restricted or modified. To the extent any provision of the Agreement would have that effect, it is taken to be modified or severed only to the extent necessary to comply with the ACL.

Where the ACL applies, you may be entitled to a refund or replacement for a major failure, and to compensation for any other reasonably foreseeable loss or damage. For a failure that is not a major failure, you may be entitled to have the failure rectified in a reasonable time.

We take a firm position on conduct that undermines the integrity of the Course or attempts to obtain it without paying for it. The following are material breaches of the Agreement and entitle us to take any one or more of the actions set out in this clause:

1. failure to pay any instalment within the Grace Period;
2. any breach of the single-user rule (clause 4) or the intellectual property terms (clause 7);
3. filing a chargeback or payment dispute without first requesting a refund through the BIA Refund Policy;
4. attempting to obtain a refund and then re-enrolling under a different identity, payment method or email address;
5. providing false or misleading identity or payment information at checkout; or
6. any other conduct that, in our reasonable opinion, demonstrates an intention to obtain Course Content without honouring the payment terms.

We may, in any combination and without further notice (other than where notice is required by law):

1. suspend or terminate your Account and access to all Course Content, communities and related services;
2. accelerate the unpaid balance of the Total Course fee so it becomes immediately due and payable;
3. retain all amounts already paid as liquidated damages for the value of access already received and the administrative cost of enforcement;
4. revoke any completion claim, certificate, alumni status or right to use the BIA name and marks;
5. refer the debt to a third-party debt collection agency and report any default to credit reporting bodies where lawfully permitted;
6. blacklist the email address, payment instrument and (where permitted) the identity associated with the breach from re-enrolling; and
7. commence proceedings to recover the debt, our enforcement costs and any damages.

Detailed operational rules are set out in the BIA Bad-Faith and Non-Payment Control Framework, which is incorporated into the Agreement.

If you have a complaint about a charge or wish to seek a refund, you must first contact us at info@brokerinstituteofaustralia.com.au before initiating a chargeback or payment dispute with your card issuer. We will respond within five (5) business days.

Filing a chargeback or payment dispute without first attempting to resolve the matter with us is a breach of the Agreement. We will defend any unjustified chargeback by providing the relevant card scheme with evidence of purchase, course access, content delivery, your acceptance of these Terms and our prior attempts to resolve the matter.

To the maximum extent permitted by law:

1. our total aggregate liability to you under or in connection with the Agreement (whether in contract, tort (including negligence), under statute or otherwise) is limited to the total Fees actually paid by you to us in the twelve (12) months immediately preceding the event giving rise to the liability;
2. we are not liable for any indirect, special, incidental or consequential loss, loss of profits, loss of revenue, loss of goodwill, loss of business opportunity, loss of expected savings, loss of data, or any loss arising from your reliance on Course Content as anything other than general educational information; and
3. our liability is reduced to the extent caused or contributed to by your acts, omissions or breach of the Agreement.

Where consumer guarantees under the ACL apply and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for breach of any consumer guarantee is limited (at our option) to resupplying the services or paying the cost of having the services resupplied.

You indemnify us, our trustees, directors, officers, employees, contractors and agents from and against all losses, claims, damages, costs and expenses (including legal costs on a solicitor-and-own-client basis) suffered or incurred as a direct or indirect result of:

1. your breach of the Agreement;
2. your breach of any law in connection with your use of the Course;
3. your reliance on Course Content for the purpose of providing advice to any third party; or
4. any user-generated content you submit.

This indemnity does not apply to the extent the loss is caused by our negligence or wilful misconduct.

Conduct of indemnified claims. If you are required to indemnify us under this clause, we have the right to control the defence, settlement and resolution of any claim at your sole expense. You must not settle, compromise or admit liability in respect of any such claim without our prior written consent. You must cooperate fully with us, our insurers and our legal representatives in the defence of the claim and provide all reasonable assistance, information and access to records we request.

Your personal information is handled in accordance with the BIA Privacy Policy, which forms part of the Agreement and complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

By enrolling, you consent to receive transactional and marketing communications from BIA by email and SMS in accordance with the Spam Act 2003 (Cth). You can opt out of marketing communications at any time using the unsubscribe link or by emailing info@brokerinstituteofaustralia.com.au. You cannot opt out of transactional communications relating to your Account, payments or material changes to the Agreement.

Neither party is liable for any delay or failure to perform an obligation under the Agreement (other than an obligation to pay money) where the delay or failure is caused by a Force Majeure Event.

If a Force Majeure Event continues beyond the Force Majeure Period (90 consecutive days), either party may terminate the Agreement by written notice to the other. On such termination we will refund any prepaid Fees that relate to a part of the Access Period that has not yet been delivered, calculated on a pro-rata basis. No other compensation is payable.

BIA does not warrant that the Course will be available without interruption or that the Kajabi platform will be free from defects. Where downtime exceeds seventy-two (72) consecutive hours, we will use reasonable endeavours to extend your Access Period by a corresponding period.

Right to revise, cancel or reschedule. We reserve the right to revise the content of the Course, to cancel, reschedule or substitute any live element (including any webinar, masterclass, Q&A or in-person event), and to make other changes to the Course as reasonably required, provided that the overall scope of the Course is not materially diminished. Where a live element is rescheduled or substituted, we may provide a live-stream alternative, a recorded session, or a comparable replacement.

We may amend the Agreement from time to time. We will publish the updated documents at www.brokerinstituteofaustralia.com.au and notify you by email at least fourteen (14) days before the changes take effect. If a change materially and adversely affects your rights and you do not accept it, you may terminate the Agreement by written notice within fourteen (14) days of the change taking effect, and we will issue you a pro-rata refund for the unused portion of the Access Period. Continued use of the Course after the change takes effect constitutes acceptance.

You must not assign or otherwise deal with the Agreement without our prior written consent. We may assign or novate the Agreement to a related body corporate or to a successor in our business without your consent on written notice to you.

Before commencing court proceedings (other than urgent injunctive or declaratory relief, or a claim for the recovery of money due), the parties must:

1. first attempt to resolve the dispute through the BIA Complaints Handling Policy;
2. if unresolved, attend mediation at the Australian Disputes Centre (or another mediator agreed in writing) and share the mediator's costs equally; and
3. only after the dispute remains unresolved thirty (30) days after the mediator is appointed, commence proceedings.

Without prejudice. Communications between the parties during the dispute resolution process under this clause (including the BIA Complaints Handling Policy, mediation and any other settlement discussion), whether oral or in writing, are made on a 'without prejudice' basis and are not admissible as evidence in any subsequent legal process unless agreed in writing by both parties.

Each party agrees to bring any claim only in its individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding.

The Agreement is governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia and any courts competent to hear appeals from those courts.

To BIA: by email to info@brokerinstituteofaustralia.com.au or by post to Suite 5, Level 14, 3 Spring Street, Sydney NSW 2000.

To you: by email to the address recorded against your Account. You must keep this current.

Deemed receipt rules:

1. a notice sent by email is deemed to be received on the day it was sent (unless the sender receives an out-of-office response, a delivery failure response, or other indication that the email was not delivered);
2. a notice sent by post is deemed to be received two (2) Business Days after the date of posting;
3. a notice sent by courier is deemed to be received on the next Business Day after dispatch.

Hierarchy of documents. If there is any inconsistency between the documents that make up the Agreement, the order of priority is: (1) the Service Agreement; (2) these Terms; (3) the Refund Policy; (4) the Bad-Faith and Non-Payment Control Framework; (5) the Privacy Policy; (6) the Disclaimer; (7) the Community Code of Conduct (where applicable); (8) any other policy expressly incorporated by reference.

Joint and several liability. Where two or more persons enter into the Agreement (for example, a couple or business partners enrolling jointly), their obligations under the Agreement are joint and several. We may enforce the Agreement against all or any of them.

Further assurances. Each party must do all things and sign, execute and deliver all deeds and other documents reasonably necessary or appropriate to give effect to the Agreement.

Severability. If any clause is invalid or unenforceable, it is severed without affecting the remainder.

Waiver. A failure to enforce a right is not a waiver of that right.

Entire agreement. The Agreement records the entire understanding between the parties on its subject matter and supersedes all prior representations.

Trustee limitation of liability. Flint Trademark Pty Ltd ACN 683 224 697 enters into this Agreement only in its capacity as trustee of the Broker Institute of Australia Trading Trust and its liability is limited to the assets of that trust to the extent permitted by law, except where the trustee's right of indemnity out of trust assets is reduced or unavailable as a result of the trustee's own fraud, negligence or breach of trust.

If you believe that any content on the BIA website or in the Course infringes a copyright that you own or are authorised to act for, please email us at info@brokerinstituteofaustralia.com.au with the subject line "Copyright Infringement Notice" and include:

1. your name, address, telephone number and email address;
2. a description of the work claimed to have been infringed;
3. the URL or specific location on our platform of the allegedly infringing material;
4. a statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or law;
5. a statement that the information you have provided is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf; and
6. your physical or electronic signature.

We will investigate genuine notices and respond promptly. We may remove or restrict access to material that we reasonably consider to be infringing pending investigation.