PART 1 – GENERAL TERMS
Part 1 applies to all tutoring services offered by Dymocks Tutoring.
You accept this agreement when you enrol. If you are under the age of 15 You must have a parent or guardian accept the Student Agreement.
Please be aware that some words used in these terms have a specific meaning. You should refer to the Defined Terms at the end for these words and their associated meaning.
You are our priority
- Provide the tutoring services (Services) to you using reasonable care and skill
- Ensure that the Services are suitable to assist you in developing confidence and improving your academic results
We need Your help
We will do everything We can to assist the Student, we do need assistance from the Student. We need the Student to:
- Attend all Classes
- Provide details of the Student’s results/grade at school in the subject for which they are receiving tutoring
- Use best endeavours to complete both in-class and any additional learning activities
- Engage with our Tutors and other Students to explore and enrich their understanding of the Course
- Only contact Tutors through approved communication channels. This is important as We have a duty of care for all Students and need to be able to monitor all contact between Students and Tutors.
- Treat all persons at a Hub with courtesy and respect.
- Take care for their and other’s safety.
- Follow the reasonable directions of Tutors and Our employees.
What if things don’t go to plan?
Except for the Performance Guarantee (below) we cannot guarantee that our Services will lead to an improvement in academic performance or results. By purchasing and using the Services you accept this.
Payment of fees
You agree to pay the fees for each enrolled Course. Except in the case of a trial lesson, Students are not permitted to attend a Course without having paid.
Fees must be paid in full at the commencement of a Course. We may permit fees to be paid over a Term by recurrent direct debit. Where We permit this, You are committed to pay for the full term and the terms of the Direct Debit Agreement in Part 3 applies.
A person can trial one Class in each Course offered for their grade without obligation. Trials are not open to students who have previously enrolled in that Course for that Grade. Once the person has attended one Class they must enrol in the Course if they wish to continue attendance.
We try our best but given that we provide a service and we’re not robots, we may not always be a fit for a student. If a Student enrols and, acting reasonably, is dissatisfied with our service then the student may unenrol from tutoring and we will refund all future sessions less a payment processing fee. The following conditions must have been satisfied:
- The student must have attended all classes up to the date they wish to unenrol
- They must have communicated their concerns regarding service delivery to our support team and those concerns must be reasonable
- The student must have cooperated with Dymocks Tutoring in implementing any corrective action to improve the service delivered to them
- The Student must return all materials and resources provided to them and cease to access our learning systems.
We will refund the most recent term’s worth of fees for the relevant student where that student’s marks for the enrolled subject do not improve by at least 20% over a period of at least 9 months. The refund is only available where the student:
- has identified any relevant feedback from teachers at School in that subject so that targeted assistance can be provided.
- attends and actively participates in all scheduled classes.
- completes all work both in class and for homework.
- attends all recommended StudyMax sessions.
- provides evidence of grades for the 12 months preceding tutoring commencement with Dymocks Tutoring and for the period of tutoring with Dymocks Tutoring.
- actively books additional StudyMax assistance to review all assessment tasks for the relevant enrolled subject. StudyMax assistance should be booked at least 1 week before each assessment.
We provide, for no charge, an additional service known as ‘Study Max’ which provides homework help. This additional service is available for students in group classes only (i.e. not available for Private Tutoring students). This is a discretionary service offered at no charge and we reserve the right to alter or cancel it at any time.
Generally students can use up to 1 hour of homework help per week. This is divided between up to 30 minutes for any subject they are enrolled in with Dymocks Tutoring (taken in 15 minute blocks) and 15 minutes for any other subject.
There is a ‘fair use’ requirement for StudyMax. Generally a student can receive 15 minutes of assistance at a time.
If a student requires either a block of 30 minutes or more than 30 minutes in a week for a subject then the student can receive paid StudyMax private tutoring or enrol in private (1:1) tutoring.
For students in Grades 11 & 12 enrolled in small-group tutoring in New South Wales, we offer, for no charge, an additional service known as ‘StudyMax Plus’. The features of this service include:
- A free study tool every term
- Access to Study Hub / Homework Hub on nominated days in physical hubs. This service provides roaming tutor(s) who can provide general assistance. No guarantee is made as to the amount of assistance that can be provided.
- Free admission to one HSC Success Day in the holiday period following the term of enrolment.
We reserve the right to alter or cancel features of the service at any time.
Missed class policy
We may need to reschedule a Class. Reasonable efforts will be made to accommodate availability of all Students in the Class when rescheduling. However, no refund or credit will be granted in the case of Group Sessions if the Student cannot attend the rescheduled class because learning materials, notes and exercises will be available for the content missed by the Student.
If the Student misses a Class we will permit them to attend the same Class in another time slot where that is available. If there is no other Class timeslot we will not give a Refund for that Class.
Australian Consumer Law & Refunds
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. For more information on your rights see: https://www.accc.gov.au/consumers/problem-with-a-product-or-service-you-bought/repair-replace-refund-cancel
A major failure could occur where our Services:
- Have a problem that would have stopped You buying if you had known about it
- Are not fit for their purpose i.e. to teach the Course material and this cannot be fixed in a reasonable time
- Do not fit your specific purpose and this cannot be fixed in a reasonable time
- Are unsafe
In these cases of major problems you are entitled to ask for a replacement of our Services or a refund. Where you are entitled to, and request, a refund You must return all materials that we have provided and cease accessing Our learning systems.
Where a refund is to be paid, You acknowledge that it may take us up to 30 days for us to process.
In the case of minor problem we will use our reasonable endeavours to correct any problem within a reasonable time of being informed of it. We may, at our discretion, provide credits against future service or permit cancellation of the contract to provide tutoring services. There may be other rights a consumer has under the Australian Consumer Law – for more information see: https://www.accc.gov.au/consumers/problem-with-a-product-or-service-you-bought/repair-replace-refund-cancel#toc-minor-problem-with-a-product-or-service
Except as outlined above or as provided in the Australian Consumer Law, fees are non-refundable. This includes in cases of change of mind or change to a student’s timetable. If we do agree to a refund and we are not required to do so there is an administration fee of $60 per course. This fee covers the administration necessary to remove enrolled students and process refunds.
Use of our materials and accounts
The learning materials and any accounts belong to us. Students are permitted to use the materials whilst they are a student of Dymocks. Once a person ceases to be a Student they can continue to use any physical materials we have provided but only for their own study and personal use. Any accounts we issue will be deleted at the end of your enrolment and data may be lost. You agree that you will not, at any time, distribute or make copies of the materials to give to third parties.
Publication of results
You agree that we may publish the academic results of Students. This may include the improvement a Student demonstrates over the period they are taught by Us or it may be the results achieved by them in standardised tests (e.g. NAPLAN or the HSC) or as assigned by academic ranking systems (e.g. ATAR).
Unless you agree otherwise we will only ever publish first name and results. No other personally identifying information will be provided without your consent.
Privacy, Recording and CCTV
Online Classes and Recording
Some online courses have tutorials. The tutorials may be recorded. If you enrol in an online course with a tutorial you consent to any recording, the storage of that recording and that recording being made available to all students in the course regardless of their location. We agree that we will only keep the recording during the term that you are enrolled in that course.
To ensure that our learning hubs provide the safest possible environment for students CCTV cameras are installed. All areas of the learning hub are monitored by CCTV cameras. That includes staff areas. The CCTV footage will be used primarily to investigate any student safety concerns but will also be used to confirm workplace safety and to remotely monitor class teaching as a less intrusive way of auditing tutor performance. The CCTV footage is continuous and is intended to operate always during the time a hub is open. By enrolling with Dymocks you acknowledge and consent to the CCTV surveillance either on your own behalf or on behalf of your child (as appropriate).
Whilst we will take reasonable care to control what occurs in our Hub, We are not responsible for any personal property that is brought into a Hub. We accept no risk in respect of that personal property.
You agree that if the Student damages any part of a Hub You will, on demand from us, pay the reasonable costs of repairing that damage.
Work Health and Safety
We are required to take reasonable care of the health and safety of all people who enter a Hub. All Students and their parent or guardian (where the Student is under 18 years of age) are expected to comply with Our reasonable directions regarding work, health and safety.
Where a Student repeatedly fails to comply with Our reasonable directions we can terminate the provision of Services. Except where the Student’s conduct presents a serious risk of harm to themselves or others, we will not terminate the Services without first trying to work with the Student and their parent or guardian to improve the Student’s conduct.
Part 2 – Private Tutoring Sessions
This part applies to students who enrol to receive tutoring by way of Private Sessions.
Basis of tuition
All Private Sessions are booked on an ongoing basis. You can cancel future Private Sessions on provision of at least 48 hours notice
You must use reasonable endeavours to keep to the schedule of tutoring sessions.
Rescheduling and Cancelling
You may cancel a private session no less than 48 hours before the scheduled session.
If you attempt to cancel less than 48 hours before the scheduled session you must either attend the session or forfeit the tuition fee for that session.
There are no refunds or ‘make up’ provided for sessions which have not been attended.
We do not ‘reschedule’ private tuition i.e. attempt to find other days and times. This takes significant time for our support team liaising with parents and tutors and can take some days to arrange. We’ve found that it adds cost and inconvenience to all concerned.
Private Sessions are designed to be responsive to the specific needs of a student. They are directed by the student and do not necessarily follow a set syllabus. It is necessary for a student to identify to their tutor what they would like to address in Private Sessions. Tutors will make materials available in a learning system. The conditions in Part 1 relating to learning materials apply equally to materials made available by a tutor in Private Sessions.
Part 3 – Direct Debit Agreement
Where Course Fees are paid by direct debit the following conditions apply:
- Your payment details will be stored by a third party payment provider who complies with Payment Card Industry security standards.
- You must update your payment details through a portal nominated by us if you change the card or account against which a direct debit charge is to be made.
- We will send you notice of both the courses for which enrolment will be charged and the actual amount of the charge will be notified in advance to you.
- Direct debit charges for term courses are made in the second last week of the term prior to the term for which the charge will be made. For example, a charge would be made in Week 8 of Term 1 for an enrolment in Term 2.
- Direct debit charges for private tutoring courses are made weekly within Our normal school term. An initial weekly charge is made on enrolment, each subsequent weekly charge is made 48 hours before the relevant weekly tutoring session. If payment fails a further charge will be attempted 24 hours later. If this payment fails the private tutoring session is automatically cancelled for that week.
- You agree that We may make direct debit charges against your account for the enrolments notified to you. It is your responsibility to ensure that there are sufficient funds to meet the charge.
- Your authorisation continues until it is cancelled by written notice to us or the relevant Student ceases to be a student.
- To avoid a future charge, notification of the direct debit charge must be given a minimum of 2 business days before the date of the scheduled charge in the case of term re-enrolments and 3 business days in the case of private tutoring sessions. If notice is given after this time we may not be able to cancel the scheduled debit.
- We can accept no liability for payment failing, the card or account details being incorrect or any third party charges made by your financial institution as a result of the direct debit.
- If you believe that any error has been made in charging your account please contact our student support team on email@example.com or call 1300 33 77 88.
- Where we refund a direct debit charge please note that it will take us 2 days to process plus a further period as determined by our and your financial institution. It could take up to a maximum of 7 days to process a refund.
- Where a term re-enrolment direct debit fails our system will endeavour to charge again 24 hours later. If that debit fails the enrolment does not proceed. It is your responsibility to finalise the enrolment in order to access any early bird or similar discounts.
- We will notify you at least 30 days before any change to the terms and conditions that apply to direct debit.