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
Our whole goal is to help you achieve your academic potential. You have expressed a desire to receive academic assistance and We have agreed to provide it. Specifically, we have agreed that We will:
- 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
An effective learning relationship is two-way. This means that whilst We will do everything We can to assist the Student, we do need assistance from the Student. Specifically, We need the Student to do the following:
- To attend all Classes
- To provide details of the Student’s results/grade at school in the subject for which they are receiving tutoring
- To use best endeavours to complete both in-class and any additional learning activities
- To engage with our Tutors and other Students to explore and enrich their understanding of the Course
- To 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.
- To treat all persons at a Hub with courtesy and respect.
- Not do anything to put themselves or others at risk.
- To follow the reasonable directions of Tutors and Our employees.
What if things don’t go to plan?
Learning and progress depend on a range of factors including the efforts of the Student. We cannot guarantee that our Services will lead to an improvement in academic performance or results.
By agreeing to the Services you accept this and release us from any Claim You might otherwise bring in relation to the performance of the Student.
Payment of fees
When You enrol you agree to pay the relevant fees for that Course for the balance of the term. 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.
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 protected] 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.
A person is eligible to attend 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.
If a Student enrols without having been a prior student or having taken a trial then we also provide a satisfaction guarantee. This means that if the Student is not satisfied, for any reason, with the Service after their very first Class with us then We will refund the fees provided that:
- The Student cancels their enrolment at least 48 hours before the second Class; and
- The Student returns any materials and resources provided to them and ceases to access our learning systems.
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. There is also no guarantee that it may be available on any day either due to sessions being booked or an assigned tutor being absent.
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 Homework Help. Generally a student can receive 15 minutes of assistance at a time. This can be extended to 30 minutes (see above) if there is time i.e. it does not affect other students receiving assistance.
If a student requires more than 30 minutes for a single subject then it is necessary for the student to consider paid private tutoring through Dymocks Tutoring.
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.
The Australian Consumer Law grants certain rights which cannot be excluded. These rights include a right to replacement or refund where there is what is called a major problem. A major problem 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.
Except as outlined above and 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 to be refunded. This fee covers the administration necessary to remove enrolled students and process refunds.
Use of our materials
The learning materials are our work and 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. 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.
In these terms some words have a specific meaning. Below are the words that have a specific meaning and the associated definition.
Class and Classes means a class or classes (as applicable) in a course or, where appropriate, one to one tutoring session.
Course means a course of study offered by Dymocks.
Dymocks means Dymocks Education Pty Ltd ABN 87 092 772 702. In these terms, the word “Us”, “Our” or “We” also refers to Dymocks Education Pty Ltd.
Group Session means a Class that is a small group tutoring class.
Hub means a learning hub operated by Us.
Order means an order placed by You through Our computer systems for the provision of a Course that is identified on the order.
Private Session means a one to one or one to two tutoring arrangement. Private tutoring sessions will be identified as “One to One” or “Private” on an Order.
Student means a person who is enrolled in a Course at Dymocks.
Terms means these terms and conditions.
Tutor means a person engaged by Us to provide academic assistance to Students and to teach Courses.
You means the Student (where the student is over 18 years of age) or the Student’s parent or guardian.
Part 2 – Private Sessions
This part applies to students who enrol to receive tutoring by way of Private Sessions.
Basis of tuition
All Private Sessions are booked for a school term. 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.
You may reschedule a private session no less than 48 hours before the scheduled session.
If you attempt to reschedule 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.
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.