BIA Terms and Conditions

These Terms and Conditions govern your purchase, access and use of the Broker Institute of Australia Program and any other paid product or service offered by BIA.

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 that would render the Course of no benefit to you.

We may refuse any enrolment where we reasonably consider that doing so is appropriate to protect BIA, 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 share, sell, lend, hire, gift or otherwise disclose your login credentials, permit another person to access the Course through your Account, create more than one Account for the same person, or use any device, browser, automated tool or technique designed to mask or rotate your identity, IP address, device fingerprint or location to evade access controls.

We may log Account access, including IP addresses, device fingerprints, login times and concurrent sessions. We may suspend, lock, throttle or revoke access where activity inconsistent with single-user use is detected.

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. Pay in Full: a single upfront payment of AUD $3,500 plus GST, being AUD $3,850 inclusive of GST.
2. Payment Plan: an upfront payment of AUD $2,000 plus GST, being AUD $2,200 inclusive of GST, followed by six (6) monthly instalments of AUD $250 plus GST, being AUD $275 inclusive of GST each.

By completing checkout, you authorise BIA and our payment processors to charge your nominated payment method in accordance with the payment option you select.

Failed payments may be retried automatically. You are responsible for ensuring that your payment method is current, valid and has sufficient funds. If we are unable to collect a scheduled instalment within the Grace Period, we may suspend your access and take the enforcement steps set out in these Terms and the BIA Bad-Faith and Non-Payment Control Framework.

Your right to access the Course is for the Access Period only. Your access licence is granted for twelve (12) months from the date access is first provisioned, unless otherwise stated at checkout. After the Access Period ends, your access may be revoked, downgraded or extended at our discretion.

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.

You must not copy, reproduce, record, screen-capture, download, distribute, publish, broadcast, sublicense, sell, rent, lend, modify, translate, adapt, create derivative works of, scrape, extract or train an artificial intelligence or machine learning system on any Course Content, except where we expressly permit it in writing.

Any breach of this clause is a material breach and may result in immediate suspension or termination of access.

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, including audio and visual recordings, and to those recordings being used by us for training, customer service, quality assurance, internal records and Course delivery purposes, subject to the BIA Privacy Policy.

For standard educational or operational uses, this clause and the BIA Privacy Policy apply. For identifiable promotional use of your image, video, voice, detailed story, specific results or other higher-risk content, BIA may request additional consent through a testimonial form, media release, email approval or other clear consent mechanism.

By enrolling in, purchasing, accessing or participating in the Course, attending a BIA community event, workshop, seminar, webinar, networking event, social event or other BIA activity, and where you provide content to BIA or otherwise consent through a BIA checkout, enrolment form, testimonial form, event registration form, event notice, visible event signage, community space, email approval or other BIA-controlled consent process, you consent to BIA collecting, using, reproducing, editing, publishing and communicating your general testimonials, reviews, feedback, written comments, course participation content, photos and videos captured at those activities, non-confidential student story and related content for BIA's educational, promotional, marketing, advertising, sales, training and business purposes.

This may include use on BIA websites, landing pages, checkout pages, email marketing, SMS marketing, social media, event recap posts, promotional reels, community highlights, webinars, podcasts, sales presentations, internal training materials, case studies and other BIA-controlled marketing or promotional channels.

Subject to the limits in this clause and any specific consent you provide, you grant BIA a worldwide, royalty-free, non-exclusive licence to use, reproduce, edit, adapt, publish, display, distribute and communicate the authorised content for the purposes described above. BIA may make reasonable edits for length, clarity, formatting, grammar, branding or platform requirements, provided those edits do not materially change the meaning of your testimonial, review, feedback or story.

You confirm that any testimonial, review, feedback, result or story you provide reflects your genuine personal experience and is true, accurate and not misleading. You must tell BIA if you received any payment, discount, incentive, free product or other benefit in connection with providing the testimonial, review or content, so that BIA can disclose this where required.

BIA will not knowingly publish false, misleading or materially edited testimonials. BIA may choose whether or not to publish, continue using or remove any testimonial, review or content at its discretion.

For higher-risk or more personal promotional uses, including paid advertising using your identifiable image, video or voice, interview-style video, close-up feature images, detailed case studies, specific income or career-result claims, use of your full name together with your image or video, or reference to your employer, aggregator, business or clients, BIA may request a separate Testimonial and Image Release or other written consent before publication. This separate consent is not generally required for standard text-based testimonials, reviews, student feedback, general community event photos/videos or non-identifiable promotional use that falls within the consent above.

You may withdraw your consent for future use by emailing info@brokerinstituteofaustralia.com.au. Withdrawal does not affect uses already made before your withdrawal request, including printed materials, archived emails, existing campaign data, live campaigns already in market, or content already published or shared by third parties. Where you withdraw consent, BIA will use reasonable endeavours to stop using the relevant identifiable content in new campaigns and remove it from BIA-controlled public web pages within a reasonable period.

Nothing in this clause limits your rights under the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Spam Act 2003 (Cth), the Australian Consumer Law or any other law that cannot be excluded.

If you submit any content to us or to a BIA-controlled space, including questions, comments, posts, testimonials, photos, audio, video, reviews, feedback or other material, you grant us a 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, subject to the BIA Privacy Policy and clause 8 above.

You warrant that you own or have the right to grant this licence and that the content does not infringe third-party rights, breach confidentiality, identify another person without consent, contain client personal information, or breach any law.

You must not use the Course or any BIA service in breach of law, to harass or defame any person, to transmit malware, to gain unauthorised access to BIA systems, to misuse Course Content, or in a way that damages BIA, our staff, contractors, partners or other students.

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 and does not hold an Australian Credit Licence or Australian Financial Services Licence. The full disclaimer position is set out in the BIA Disclaimer.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot be lawfully excluded, restricted or modified. Where the ACL applies, you may be entitled to a refund or remedy for a major failure or other failure to comply with a consumer guarantee.

The following are material breaches of the Agreement: failure to pay any instalment within the Grace Period; breach of the single-user rule; breach of the intellectual property terms; filing a chargeback or payment dispute without first requesting a refund through the BIA Refund Policy; attempting to obtain a refund and then re-enrolling under a different identity; providing false or misleading identity or payment information; or any other conduct that reasonably demonstrates an intention to obtain Course Content without honouring the payment terms.

Where a material breach occurs, we may suspend or terminate your Account, accelerate unpaid amounts, retain amounts already paid where permitted by law, revoke completion claims or certificates, refer unpaid debts to a collection agency, block re-enrolment and commence proceedings to recover amounts due.

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.

To the maximum extent permitted by law, our total aggregate liability to you under or in connection with the Agreement is limited to the total Fees actually paid by you to us in the twelve (12) months immediately preceding the event giving rise to liability. We are not liable for 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 reliance on Course Content as anything other than general educational information.

You indemnify us, our trustees, directors, officers, employees, contractors and agents from and against losses, claims, damages, costs and expenses suffered or incurred as a result of your breach of the Agreement, your breach of law, your reliance on Course Content for the purpose of advising a third party, or any user-generated content you submit. This indemnity does not apply to the extent the loss is caused by our negligence or wilful misconduct.

Your personal information is handled in accordance with the BIA Privacy Policy. 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 delay or failure to perform an obligation, other than payment obligations, where caused by a Force Majeure Event. BIA does not warrant that the Course or Kajabi platform will be available without interruption or free from defects. Where downtime materially affects access, we will use reasonable endeavours to provide a reasonable workaround, replacement or access extension.

We may amend the Agreement from time to time. We will publish updated documents at www.brokerinstituteofaustralia.com.au and notify active students where a material change affects their rights. Continued use of the Course after the change takes effect constitutes acceptance.

Before commencing court proceedings, other than urgent injunctive relief or recovery of money due, the parties must first attempt to resolve the dispute through the BIA Complaints Handling Policy. If unresolved, the parties may attend mediation through an agreed mediator before commencing proceedings.

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.

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

If there is any inconsistency between the documents that make up the Agreement, the order of priority is: Service Agreement, these Terms, Refund Policy, Bad-Faith and Non-Payment Control Framework, Privacy Policy, Disclaimer, Community Code of Conduct where applicable, and any other policy expressly incorporated by reference.

If any clause is invalid or unenforceable, it is severed without affecting the remainder. A failure to enforce a right is not a waiver of that right. The Agreement records the entire understanding between the parties on its subject matter and supersedes all prior representations.

If you believe any content on the BIA website or in the Course infringes copyright that you own or are authorised to act for, please email info@brokerinstituteofaustralia.com.au with the subject line Copyright Infringement Notice and include your name, contact details, a description of the work, the URL or location of the allegedly infringing material, a good-faith statement, and your physical or electronic signature.