Student Agreement

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PART 1 – GENERAL TERMS

Part 1 applies to all tutoring services offered by Dymocks Education Pty Ltd under either the trading names Dymocks Tutoring or Talent 100. Where a paragraph has a brand denoted in brackets that paragraph only applies to services provided under that brand name.

Background

You accept this agreement when you enrol in any course with Dymocks Education Pty Ltd trading as either Dymocks Tutoring or Talent 100. If you are under the age of 15 You must have a parent or guardian accept the Student Agreement.

Your enrolment

• Term, Holiday and Self-Paced Courses. Enrolments are for the relevant term, holiday or self-paced module. On enrolment the full fees for the term become due and payable. Except in accordance with the refunds section of this agreement, there are no refunds for missed classes or change of mind.
• Private Tutoring. Private Tutoring is subject to the rules set out in Part 2 of this agreement.
• Auto Enrolment. To ensure your place is kept all enrolments automatically roll over into the next term on an ongoing basis. You can cancel this by turning off auto enrolment in the Dymocks Tutoring app. You will be warned of automatic rollover in Week 6, Week 7 and Week 8 of term. The enrolment for the next term is always debited on Thursday of Week 8 of term. 
• No Obligation Lesson. When enrolling for the first time a student is not charged for a subject until 3 days after the first lesson. This is to enable the student to consider the service and decide whether it is right for them. The student must, within the three days, elect to cancel the enrolment otherwise the payment method provided at enrolment will be charged.

What we do and what we guarantee

• We will use reasonable care: we will provide the tutoring services (Services) to you using reasonable care and skill. Except for the Performance Guarantee we do not guarantee that our Services will lead to an improvement in academic performance or results. By purchasing the Services you accept this. The Tutor allocated to a given Tutorial, Class or program is subject to change and we make no guarantee that your allocated personnel will remain the same for the duration of any course.
• Class Availability. All Classes (termly, revision and acceleration) and Tutorials are subject to a maximum and minimum capacity set at our discretion and we reserve the right to open and close classes subject to demand.
• Performance Guarantee (Dymocks Tutoring): We will refund the most recent term’s worth of fees for the relevant student where that student’s marks for the enrolled subject as measured by school assessments do not improve by at least 20% over a period of at least 12 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.
  • provides evidence of grades for the 12 months preceding tutoring commencement with Dymocks Tutoring and for the period of tutoring with Dymocks Tutoring.
• Tutorials (Talent 100). Students in years 7-12 will have access to our 1-1 Tutorial program depending on Course Program selection (up to a maximum of 3 per term for Maths and Sciences). Any unused tutorials expire at the end of each Term and cannot be rolled over to the next Term. Tutorial bookings are dependent on class and Mentor availability in each centre and must be booked either through Student Services or through such other means notified by us from time to time. We do not guarantee that your preferred tutorial time or Mentor will be available. Failure to attend booked tutorials may result in the suspension of your tutorial allocation
• Cessation of service. We reserve the right, and subject to law and our Diversity Equity and Inclusion Policy, to refuse service. In such instances we will ensure an appropriate refund of any fees paid by a student.

Parent and Student obligations

The student and parents must, as appropriate:

• Use the Dymocks Tutoring App for managing enrolments including make changes to classes and payment details
• Attend all classes and comply with class policies including camera on policies
• Ensure that you are able to receive email, SMS and phone communications from us relating to the service. This includes not blocking or otherwise SPAM marking any of our communications.
• Provide details of their results/grade at school
• Complete in-class and additional learning activities
• Engage with tutors and other students
• Not contact tutors out of class hours and only contact tutors through approved channels
• Treat our staff and students with courtesy and respect
• Take care for their and others safety
• Follow our reasonable directions
• Pick up children from the learning hub promptly and no later than hub closing time. A fee of $50 per hour will be charged for supervision after closing time. If a parent has not picked up a child within 30 minutes of closing time and there is no communication, the Police may be contacted for child protection reasons.

Missed class policy

• If we need to reschedule a class, we will make reasonable efforts to accommodate all students. If a student, acting reasonably, cannot attend the rescheduled class, we will grant a refund or credit for the session paid but not attended.
• If a student misses a class, they may attend the same class in another time slot or at another location if available. If no other time slot is available, no refund will be given.

Use of our materials and accounts

The learning materials, digital systems and their outputs and any accounts belong to us. Students are permitted to use the materials whilst they are enrolled in a Course. 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 and system access we provide will be deleted at the end of your enrollment 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 or allow anyone other than yourself or a parent or guardian to use or access our digital systems.

Publication of results

• General. You agree that we may publish student academic results. This may include improvement over time or results from standardized tests (e.g. NAPLAN or the HSC).
• Test Stream Students. Where you are tutored by us in either Opportunity Class, Selective School or Year 12 streams You agree to provide us with your exam results, HSC results, photographs and ATAR by phone or email (as applicable). Such information is to be provided as soon as the relevant results are published or requested by a Dymocks Education representative.
• Identification. We will only publish first name and results. No other personally identifying information will be provided without your consent.

Privacy, Recording and CCTV

• We only use your information for specific purposes related to providing the Services. For more information, see our Privacy Policy at www.dymockstutoring.edu.au/privacy.
• If you enrol in an online course with a tutorial, you consent to the recording, storage, and distribution of the recording to all students in the course.
• We will only keep the recording during the term that you are enrolled in that course.
• CCTV cameras are installed in all areas of the learning hub, including staff areas. The footage will be used to investigate student safety concerns, confirm workplace safety, and remotely monitor class teaching.
• Calls to our service team are recorded. You consent to that recording. The recording is used for quality and training purposes and for validating any customer concerns.
• By enrolling with Dymocks, you acknowledge and consent to various recording and surveillance identified above.

Liability and WHS

• We are not responsible for personal property brought into a Hub.
• You agree to pay for damage caused by the Student.
• We are required to take reasonable care of the health and safety of all people in a Hub. Students must comply with our reasonable directions regarding work, health and safety.
• We can terminate services if a Student repeatedly fails to comply with our directions.

Payment of Fees

• Payment. Except for a No Obligation Lesson, Students must pay before attending a Course.
• Cooling Off and No Obligation Trial. New student enrolments are permitted to attend one lesson per course to trial the Services offered prior to payment being deducted for enrolment fees. You are entitled to terminate your enrolment without charge by giving Notice in writing within three days immediately following your first lesson (Cooling Off Period). 
• Payment Options. Payment options are, at our discretion Termly or Yearly. When you enrol in a Course for a Term or Year you are committed to pay for that full period. 
• Prorated fees. If you commence a Course after the first week of a term and you elect the Term Payment Option, your initial term payment will be calculated on a pro-rata basis on how much of that term remains. If you elect the Upfront Yearly Payment Option, your payment will be prorated based on how much of the year remains.
• Unpaid Fees. If fees are unpaid we may refuse to continue providing the services to you.
• Variation to Fee Schedule. We may at any time change our fee structure. Such changes apply prospectively i.e. do not require an enrolled student to pay more for a current course of study. We will give at least 14 days written notice of such a change before any scheduled debit date.
• Instalment Payments. If we allow you to make payments by instalment, you agree that:
  • such payments are subject to the terms of the Direct Debit Agreement; and
  • the payments will be deducted on dates notified to you from time to time and on no less than 14 days notice; and
  • you will provide and update, where requested by us, a Direct Debit Request Form in such form as required by us to lawfully make debits against an account or card nominated by you; and
  • you will ensure that on the debit date there are sufficient funds in the account to pay the relevant fees.
• Direct Debit Agreement. We may allow payment by direct debit. Where this is the case the terms of the Direct Debit Agreement in Part 4 apply. 
• Discounts. From time to time we may offer either recurrent or one-off discounts. These discounts may be changed at our discretion for any future course purchases.

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

Part 2 – Private Tutoring Sessions

This part applies to students who enrol to receive tutoring by way of Private Sessions. Private tutoring sessions may be one-off or recurring (subscription based).

Recurring one-to-one or private tutoring

• Basis of tuition
  • Private Sessions are booked on an ongoing basis.
  • You must keep to the schedule of tutoring sessions.
  • You can cancel future Private Sessions with at least 48 hours notice.
  • We may, but are not required to, give you reminders of upcoming sessions. It is the Student’s responsibility to attend sessions.
• Rescheduling and cancelling
  • You may cancel a private session no less than 48 hours before the scheduled session.
  • If you cancel less than 48 hours before the scheduled session, you must attend the session or forfeit the tuition fee.
  • There are no refunds or make-ups for sessions that have not been attended.
• Accessing materials
  • Private Sessions are designed to be responsive to the specific needs of a student.
  • 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.

One-off one-to-one or private tutoring

• Basis of tuition
  • One-off Private Sessions are booked on a single occurrence basis with no repeat.
  • You must keep to the arranged day and time without change i.e. no cancellation.
  • We may, but are not required to, give you reminders of upcoming sessions. It is the Student’s responsibility to attend sessions.
• Rescheduling and cancelling
  • A one-off session cannot be cancelled or rescheduled in any way.
  • There are no refunds or make-ups for sessions that have not been attended.
• Accessing materials
  • One-off sessions provide the student with access to a tutor through a video link. The student is expected to have all materials to hand necessary for the tutor to assist with their specific learning need.
  • Students must have a device capable of both video and audio connection and screen sharing. It is the student’s responsibility to ensure that all relevant permissions and settings are in place on their device ahead of the session so as to ensure a hassle free learning session.

Part 3 – Self Paced Learning

This part applies to students who enrol to receive tutoring by way of self paced learning modules:

• Basis of tuition
  • The course is self-paced learning which means a student is given access to materials and must progress through the materials at their pace and based on their own initiative
  • Students are given access to course materials which include notes, videos, quizzes and exams at the time of enrolment. The provision of this material completes the student’s enrolment with Dymocks Tutoring.
  • A copy of the term notes will be sent in the mail to students. It is the responsibility of the student to provide an accurate address. If incorrect information is provided the student may receive a copy of the notes after payment of a second mailout fee.
  • Dymocks Tutoring offers a courtesy ‘Q&A’ session for each term’s worth of content. The number of available sessions changes based on when a student enrols in the course. This service may be withdrawn at any time.
  • Course materials will be made available for a period of 12 months after which the student will lose access.
  • The conditions in Part 1 relating to learning materials apply equally to materials made available by a tutor in Private Sessions.
• Refunds
  • This clause is subject always to the Australian Consumer Law.
  • In the absence of major faults, there is no refund for self-paced courses as the student receives the full service at the time of enrolment.
  • Q&A sessions are a courtesy and do not form part of the service. They may be withdrawn at any time. 

Part 4 – 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 cancellation of the direct debit charge must be given a minimum of 2 business days before the date of the scheduled charge. 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 success@dymockstutoring.edu.au or call 1300 33 77 88.
• Where we refund a direct debit charge please note that it may take up to 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.