Version: 1.0 — proposed final draft
Legal operator: CJEL DIGITAL IMAGING EDUCATION SOLUTION PTY LTD (ABN 59 630 412 047; ACN 630 412 047)
Main business location: NSW 2034, Australia
CJEL DIGITAL IMAGING EDUCATION SOLUTION PTY LTD (ABN 59 630 412 047; ACN 630 412 047) ("CJEL") operates the MyUniMentor project and online service ("MyUniMentor"). References to "MyUniMentor", "we", "us" or "our" mean CJEL in its capacity as operator of the MyUniMentor project.
1. Core principles
- - No automatic payout merely because time passes.
- - An open dispute places payout on hold.
- - Cancellation charges should reflect the Mentor's lost opportunity/time, not punish a user.
- - MyUniMentor's Platform Fee is refunded where no Mentor session occurs under the standard cancellation rules below.
- - Australian Consumer Law rights remain.
2. Standard Mentee cancellation rules
Unless a service page clearly states a different approved rule:
| When the Mentee cancels | Mentor Service Price | Mentee Platform Fee |
|---|---|---|
| More than 24 hours before start | 100% refunded | 100% refunded |
| 2 to 24 hours before start | 50% refunded | 100% refunded |
| Less than 2 hours before start | Normally no refund | 100% refunded |
| Mentee no-show | Normally no refund | 100% refunded |
The amount retained from the Mentor Service Price is intended to compensate for the reserved time and lost opportunity.
If applying the standard rule would be unlawful, excessive in the circumstances, or inconsistent with a non-excludable consumer right, MyUniMentor may reduce the retained amount.
3. Mentor cancellation
If the Mentor cancels:
- - Mentor Service Price: fully refunded;
- - Mentee Platform Fee: fully refunded;
- - Membership Fee: refunded if that Booking first triggered it and the service did not begin.
4. Mentor no-show
A Mentor may be treated as a no-show if:
- - they are more than 15 minutes late;
- - there has been no reasonable contact/explanation; and
- - the Mentee elects not to continue.
The Mentee receives a full refund of Booking charges.
5. Mentee no-show
A Mentee may be treated as a no-show if:
- - they are more than 15 minutes late;
- - there has been no reasonable contact; and
- - the Mentor was available as booked.
The late-cancellation/no-show rule applies, subject to consumer law and exceptional circumstances.
6. Rescheduling
Either party may propose a reschedule.
A reschedule occurs only if both parties agree.
If the Mentor requests a new time and the Mentee does not agree:
- - the Mentee may cancel for a full refund.
If the Mentee requests a new time and the Mentor does not agree:
- - the ordinary Mentee cancellation rule applies based on the original scheduled time.
A Booking may ordinarily be rescheduled up to two times. Further changes may be treated as a cancellation unless MyUniMentor approves otherwise.
7. Technical failure
If an online session cannot occur because of a technical failure for which neither party is reasonably responsible:
- - the parties should first attempt to reschedule within 14 days;
- - if no suitable reschedule is agreed, the Mentor Service Price and Mentee Platform Fee are refunded.
8. Session materially shorter than booked
If the session is materially shorter because of the Mentor's fault:
- - the Mentee may receive a pro-rata refund of the unused Mentor Service Price;
- - the corresponding portion of the Mentee Platform Fee should also be refunded.
This requires partial-refund capability in the payment system.
9. Dissatisfaction versus service failure
Simple dissatisfaction does not automatically create a refund.
However, where the service fails a consumer guarantee, is materially different from its description, or is not provided with required care and skill, the Mentee may have additional rights.
10. Starting a dispute
A dispute can begin when:
- - the Mentee reports a problem instead of confirming completion; or
- - the Booking is escalated to administration after 14 days of silence.
An open dispute places the Booking in Payout Hold.
11. Evidence
MyUniMentor may consider:
- - booking snapshot;
- - Platform messages;
- - session timing or attendance records;
- - written statements;
- - screenshots/documents;
- - relevant timestamps;
- - payment records;
- - other reliable evidence.
Each party should ordinarily have 3 business days to provide requested evidence, unless urgency or fairness requires another period.
12. Decision standard
The administrator will make a reasonable, evidence-based Platform payment decision.
The administrator should consider:
- - whether it is more likely than not that the service occurred as booked;
- - whether the service materially matched its description;
- - whether either party breached the Booking;
- - applicable consumer rights;
- - any relevant cancellation rule.
If the Mentor seeks payout over an active objection, there should be sufficient evidence to support the release.
Where completion of a disputed service cannot reasonably be established, the disputed amount should ordinarily be refunded rather than released.
13. Possible outcomes
Subject to system capability:
- - full release to Mentor;
- - full refund to Mentee;
- - partial release/partial refund;
- - continued temporary hold while specifically identified evidence is obtained.
14. Decision record
The system should record:
- - outcome;
- - amount;
- - reason;
- - administrator;
- - date/time;
- - evidence considered;
- - payment-provider action/reference.
15. Conflicts
An administrator with a material personal conflict involving either party should not decide the dispute where another authorised administrator is reasonably available.
16. Timeframe
MyUniMentor aims to decide a dispute within 5 business days after the requested evidence period closes, where reasonably practicable.
Bank/payment-provider processing time is outside MyUniMentor's control.
17. Internal review
A party may request one internal review within 7 days of the decision where they:
- - identify a material factual error;
- - provide significant new evidence that could not reasonably have been provided earlier; or
- - identify a material conflict/process failure.
The reviewer should not be the original decision-maker where reasonably possible.
18. External rights
An internal decision does not prevent a party using:
- - card/payment-provider rights;
- - a State or Territory consumer agency;
- - a tribunal or court;
- - another legal or regulatory remedy.
19. Chargebacks
Where a cardholder initiates a chargeback:
- - the payment provider's process applies;
- - MyUniMentor may provide relevant transaction evidence;
- - a Mentor may be responsible for a chargeback amount to the extent the loss is properly attributable to the Mentor's service or conduct and law permits recovery.
20. System capability rule
MyUniMentor must not publish or promise a partial refund, reschedule or other remedy that the production system cannot actually execute and audit.