Terms & Conditions
This document contains our Terms & Conditions for the provision of our services. By clicking ‘I Agree to the Terms & Conditions’ you acknowledge that you have read and understood the terms and hereby acquiesce to be bound by these Terms & Conditions.
A Team Tuition Australia Pty Ltd ACN 646 350 192 (A Team Tuition, we, us, our)
and
You, the client of A Team Tuition (you, your)
- Definitions
- Academic Personal Trainer means the tutor (Academic Personal Trainer/APT) assigned by us to provide the Services.
- Fee means our fee for your selected Plan together with any other fee payable pursuant to these Terms & Conditions.
- Plan means the A Team Tuition plan offered and selected by you for the Term for the provision of Services.
- Services means the services to be provided to you and the student pursuant to your selected Plan. The services may include Tuition Sessions and such other services offered by us pursuant to the selected Plan.
- Student means a student who undergoes Tuition Sessions and receives the benefit of the Services pursuant to this Agreement.
- Term means the duration of the package purchased.
- Tuition Session means a tutoring session between an Academic Personal Trainer and a student pursuant to your selected Plan.
- Engagement
- You engage us to provide Services to you and the Student on these Terms & Conditions.
- You engage us to provide Services for the Package Term.
- These Services will automatically renew for another Package Term unless the student has finished year 12 or you advise us in writing prior to expiration of the Package Term that you do not wish for the Services to continue for a new Plan. If you pay the Fee for the new Plan or your student attends a session for the new Plan, you are automatically deemed to have accepted the Services for the new Plan.
- These Terms & Conditions can only be varied by written notice to you.
- You must advise us of any change in contact detail (address, email and/or telephone). We will not be responsible in any respect if you do not advise us of any contact detail change.
- Cooling Off Period
- You have a 2-week cooling off period commencing on the date of the first Tuition Session of each Plan..
- During the cooling off period, you may choose to cancel the Plan and these Terms & Conditions by written notice to us.
- We will only charge you for the Tuition Sessions within that 2-week period if you terminate these Terms & Conditions during the cooling off period. Your remaining paid balance will be refunded to you.
- Services
- Provided you pay the Fee, we will provide the Services in accordance with your selected Plan.
- You agree to use the Services consistently based on your Plan. The Services may not be effective if they are not consistently used by you.
- Plans
- Each Plan contains different features. The features of any Plan may change from time to time.
- We may recommend a Plan based on information you provide to us.
- We may, on advice of the Academic Personal Trainer, recommend that a Plan or the format of Tuition Sessions be reviewed, varied, or amended before the commencement of a new Plan.
- You may change a Plan at the end of each Package Term provided you pay the relevant Fee for that altered Plan.
- If programs cannot be run in person, you agree that A Team can continue to provide the agreed Services in an online format.
- Fees
- We will charge you the Fee for your selected Plan.
- The Fee is payable in instalments or fully upfront as elected by you.
- The Fee for a Term is non-refundable where:
- you cancel the Services during a Plan; or
- we terminate these Terms & Conditions because of your breach of these terms and conditions.
- A Fee may be charged for cancellation of a Tuition Session or as otherwise specified in these Terms & Conditions.
- We may vary the Fees at any time; however, we will not vary the Fee during a Plan.
- You may be charged an additional Fee if:
- you pay the Fee by way of credit card or direct debit;
- any payment of the Fee is dishonoured or declined; or
- we are required to take action to recover any overdue amount from you (including legal expenses on a solicitor/client basis, collection agency charges (if permissible by law) or any other reasonable associated cost)
- Fees are exclusive of GST and in Australian dollars.
- Credits
- We may give you credit for any unused Services.
- If we give you credit, we will advise you of the terms and conditions applying to use of that credit.
- Credit is given in the sole discretion having regard to your circumstances.
- Tuition Sessions
- Tuition Sessions will be conducted:
- at such times agreed upon between you and the Academic Personal Trainer;
- either at your location or by such medium as agreed upon between you and the Academic Personal Trainer; and
- if personally, in an open and accessible area (not in a bedroom).
- Where a Tuition Session is conducted personally, you will ensure a parent or guardian (over 18 years) is present in the home during the Tuition Session.
- We will provide you with a booking confirmation of your Tuition Session within 24 hours of such session. If you do not receive a booking confirmation, you do not have a valid booking.
- Tuition Sessions will be conducted:
- Cancellation - Tuition Sessions
- A Team Tuition Sessions may only be cancelled or rescheduled with 24 hours’ notice in writing.
- Any Tuition Session cancelled within 24 hours will incur the usual Fee (and not a credit).
- Any cancelled Tuition Session must be made-up before expiry of the plan period.
- Parents/Guardians
- You must ensure a parent or guardian (over 18 years) is available to participate in the first Tuition
- Where a Tuition Session is conducted personally, you will ensure a parent or guardian (over 18 years) will be with the Student during the Tuition Session.
- Academic Personal Trainer
- We will allocate an Academic Personal Trainer to you.
- We may change your Academic Personal Trainer either at our discretion or at your request.
- You may discuss concerns about your Academic Personal Trainer with your nominated success manager at any time.
- Time spent by an Academic Trainer with you, or your Student outside Tuition Sessions may incur an additional Fee.
- You and the Student must treat the Academic Personal Trainer with respect at all times. Any abuse, threatening harmful or like conduct to our Academic Personal Trainers will be a breach of these Terms & Conditions.
- Liability
- We do not, and cannot, warrant or guarantee the desired grade result of any Student and do not accept responsibility or liability for a Student's overall performance in any examination or on an assessment piece.
- These Terms & Conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at its option:
- in the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of having the goods repaired; and
- in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
- Termination
- You may terminate the Services/your Plan during a Plan at any time by providing us with written notice, however, you will not receive a refund of any Fees paid and you will be liable for the balance of any Fees owing for the Term.
- We may terminate or suspend the Services/your Plan if you breach these Terms & Conditions and fail to remedy the breach within 10 days of request by us to do so.
- We may terminate or suspend the Services/your Plan if you fail to pay any of the Fee.
- We may terminate this agreement if we cease to operate the business which provides the Services/your Plan.
- All unpaid Fees become payable upon termination of these Terms & Conditions for any reason.
- Queries
- You Academic Personal Trainer will be your primary contact for queries on the Services or your Plan.
- If your Academic Personal Trainer is unable to assist you, your nominated success manager will be available by phone or email to answer your queries regarding the Services during normal business hours.
- Generally
- You and the Student will abide by our policies and procedures for the provision of the Services as may be reasonably required from time to time.
- We own all intellectual property rights pertaining to the Plans, the Services and any and all documentation, resources, material or content provided by us to you or the Student.
- You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms & Conditions.
- These Terms & Conditions are governed by the laws of Queensland, Australia. Each party submits to the jurisdiction of the courts of Queensland, Australia.
- You should review our Privacy Policy located at https://ateamtuition.com/privacy-policy/. We may share information about students with any A Team Tuition partner school unless you provide us with written notice to the contrary.
- We are an official member of the Australian Tutoring Association (ATA) with membership number 2014003709. We observe the code of conduct determined by the ATA. This code of conduct can be found on ATA’s website, located at www.ata.edu.au. We will observe the code of conduct of the Australian Tutoring Association when providing Services to you.