JOUBERT TUTORING
ONLINE TUTORING TERMS AND CONDITIONS FOR MINOR STUDENTS
https://jtutoring.com.au
These Online Tutoring Terms and Conditions for Minor Students (“Terms”) apply to all Students and other users of this Website and our Services who are less than 18 years old, as well as their Parents.
Any Adult Students should refer to our Online Tutoring Terms and Conditions for Adult Students.
In these Terms, we refer to the Student and their Parents collectively as the “Family”.
We may modify and update these Terms at any time, without notice. Families need to ensure they review the Terms from time to time. In using or accessing our Website and Services, Students agree to be bound by these Terms as well as any and all general terms and conditions posted on our Website from time to time.
DEFINITIONS
ATA means the Australian Tutoring Association Ltd, the website of which is located at https://ata.edu.au/
Content means any and all material, links, words and images on the Website including but not limited to written material, videos, audio content, documents, e-books, information, advertisements, and other content or materials provided by us on the Website.
Cooling Off Period means the cooling off period described in the “Cooling Off” clause of these Terms.
Family means you, the Student enrolling and participating in the Services, and/or the Parent(s) of the relevant Student.
Fee means the subscription fee for any Services including any extension fee.
Paid Session means a Session which has already been paid for.
Parent means a parent or guardian of the relevant Student.
Services means all of the tutoring services that we provide to you through one or more Sessions.
Session means a one-on-one tutoring session provided by us to you.
Student means the student enrolling and participating in the Services.
Terms means these Online Tutoring Terms and Conditions for Adult Students.
Unpaid Session means a Session which has not been paid for.
We, Our and Us means N JOUBERT & R.K JOUBERT (ABN 27 757 969 947) trading as Joubert Tutoring, including any employees, contractors and affiliates.
Website means https://jtutoring.com.au.
You or Your refers to the Student, the Parent or the Family, as the context requires.
HOW IT WORKS
We offer one-on-one online tutoring.
Families may communicate with us by email, WhatsApp, and on our Website.
Families may book Sessions with us via the Acuity integration on our Website.
All of our Sessions are provided by Zoom.
Homework may be provided for Students to complete outside of the scheduled Sessions.
Relevant materials, invoices and other information may be provided to Families by email.
PARENTS AND STUDENTS
In these Terms, we use the word “Family” to refer to Students as well as to their Parents.
In these Terms, depending on the context, we may use the word “you” or “your” to refer to the Student, to the Parent, and/or to the Family.
Parents and Students both need to ensure they review the Terms from time to time. In using or accessing our Website and Courses, both Parents and Students agree to be bound by these Terms as well as any and all general terms and conditions posted on our Website from time to time.
The Parent, in completing the registration process, consents to the Student enrolling in and participating in our Sessions and our Services and the Parent warrants that the Parent has legal authority to agree to these Terms on the Student’s behalf.
The Parent acknowledges that it is their responsibility (and the Student’s responsibility) to ensure that the Student attends the Sessions, is prepared for the Sessions, has all necessary resources for the Sessions, and completes all homework tasks.
CHILD SAFETY POLICY
We have a Child Safety Policy which is available at: https://jtutoring.com.au/child-safety-policy
All of our staff are required to be familiar with our Child Safety Policy and to comply with it when working with children. *All tutors are required to have current up-to-date ‘working with children’ requirements relevant to their residing state in Australia.
If we have a reason to suspect a child is experiencing harm, or is at risk of experiencing harm or being neglected, in accordance with our legal duty to protect children, we will contact relevant State Child Safety Services Centres and act in accordance with their formal advice.
FEES
Our Fees are outlined below:
GST: Since we are not currently registered for GST, we do not include GST, nor add GST to our prices. All prices stated are final.
School Tutoring
Free Consultation (15 minutes, A$0.00)
Mathematics (30 minutes @ A$30.00)
Mathematics (1 hour @ A$60.00)
English (30 minutes @ A$30.00)
English (1 hour @ A$60.00)
Homework Help (30 minutes @ A$30.00)
LANTITE Tutoring
Free Consultation (15 minutes, A$0.00)
Literacy (30 minutes @ A$30.00)
Literacy (1 hour @ A$60.00)
Numeracy (30 minutes @ A$30.00)
Numeracy (1 hour @ A$60.00)
Our Fees may be updated from time to time.
If our Fees are updated, these Terms will be amended to reflect the up to date Fees, and these Terms will be republished on our Website. If a Family books a new Session after our Fees have been updated, they will be prompted to review the Fees in the amended version of these Terms. By booking a Session, the Family agrees to our Fees as published at the time of booking.
Fees are payable in advance.
To book a Session for a Student, Parents must provide their credit card details.
Fees will be charged to the Parent’s credit card seven days before each Session. If a Family books a Session less than seven days in advance, then the Fees will be charged to the Parent’s credit card when they make their booking.
We use Acuity Scheduling and Stripe to save Family credit card details and to process payments. We do not have access to Family credit card details.
By making a payment, Families may be required to agree to Stripe’s terms and conditions.
By booking a Session and providing their credit card details, Families authorise us to deduct all Fees and related charges in accordance with these Terms.
REGISTRATION
A Parent must register on our Website and provide their credit card details in order to enrol the Student in the Services.
The Parent must provide all required information and details to complete the registration process. For details on how we keep your information, please see our Privacy Policy.
We reserve the right to reject your application to enrol or re-enrol in the Services for any reason in our sole discretion, including if we are fully booked or if you do not provide current, complete or accurate details in the registration or enrolment process. If we reject your application to enrol, we will endeavour to notify you of that rejection within a reasonable time and return your payment in full.
We reserve the right to withdraw and cancel our Services at any time and for any reason. If we withdraw and cancel any Services, we will endeavour to notify you of the cancellation within a reasonable time and either offer you a credit note or, at your request, return your payment in full.
COOLING OFF
Notwithstanding any other clauses of these Terms, we offer a seven-day cooling off period, from the time that Families first enrol with us (“Cooling Off Period”).
During this time, Families may choose to terminate the Services and there will be no penalty for cancelling any future Sessions, regardless of when they are scheduled to happen and regardless of whether they have already been paid for. However the Family will still have to pay the applicable Fees for Sessions that the Student has already attended (unless the Family is eligible for a refund in accordance with the “Refunds” clause of these Terms).
RESCHEDULING
For Unpaid Sessions:
In the case of Unpaid Sessions (which are Sessions that are more than seven days away), Families can reschedule by clicking the reschedule button in their email confirmation which will direct them to new times slots in Acuity Scheduling. There is no limit on the number of times they may reschedule Unpaid Sessions, and there is no penalty for rescheduling.
For Paid Sessions:
In the case of Paid Sessions (which are Sessions that are seven days or less away), Families may reschedule the Session up until the Session start time by clicking the reschedule button in their email confirmation which will direct them to new times slots in Acuity Scheduling. However, each Paid Session may only be rescheduled once. If Students cannot attend the rescheduled Session, the full Session Fee will be forfeited. In the event that a Family has rescheduled a Paid Session once already and the Student is running late to the rescheduled Session they may contact administration by phone or email. The tutor will wait for them and complete any time remaining within the Session.
TRANSFERRING SESSIONS
As an alternative to rescheduling a Paid Session, a Family can choose to transfer the Fee that they have paid for the Session to one of their upcoming Unpaid Sessions, or to another Student, by contacting us. However, Families can only do this once per Session.
LATE ATTENDANCE
Students are required to join sessions within the first 10 minutes. The Session will end after 10 minutes if the Student has not joined.
If a Student is less than 10 minutes late the tutor may, in their sole discretion and subject to their availability, agree to extend the Session to make up for the missed time. However, Families must be prepared to forfeit missed time if the Student is late.
If a tutor is less than 10 minutes late the Session will automatically go overtime to make up for the missed time.
If a tutor is more than 10 minutes late:
- The Family and the tutor may agree in writing (such as by email or WhatsApp) to postpone the Session.
- In the event that the Student and the tutor do not agree to postpone the Session, then the Student will receive a complimentary Session (in addition to completing the original Session).
NO-SHOWS
A “No-Show” occurs when a tutor sees no attempts of the Student joining a Session on Zoom within the first 10 minutes of the Session.
If a No-Show occurs, the tutor has the right to end the Session and the Student will forfeit the Session Fee.
In the event of a No-Show, and if the Family contacts us within 30 days of the scheduled Session time to ask to reschedule the Session, then in our sole discretion we may agree to reschedule a new Session and credit the Session Fee towards that new Session.
In the event of a No-Show, if the Family contacts us before the end of the scheduled Session time, then in our sole discretion we may re-open the Session and complete a partial Session with the remaining Session time.
If a Session has already been rescheduled due to a previous No-Show, or if the Family already rescheduled another Session in the 7 days before the current Session, and if the Student is a No-Show at the current Session, then the Family will forfeit the applicable Session Fee and will not receive a refund or be eligible to reschedule or transfer that Session.
CANCELLATIONS AND REFUNDS
We may cancel a Session if we are unable to process payment for the Session Fee via the Family’s nominated credit card.
In the event that we are unable to process a Family’s payment, we will contact the relevant Family in the seven days prior to the Session to advise the Family how to update their payment details.
The Family is solely responsible for cancelling their enrolment by notifying us in writing at admin@jtutoring.com.au.
If the Family cancels their enrolment in the Services during the Cooling Off Period, we will provide a refund of the Service Fee in accordance with the “Cooling Off” clause of these Terms.
The Family can request a refund if they are dissatisfied with our Services. Families are advised to write to us at admin@jtutoring.com.au or book a free consultation using Acuity Scheduling to discuss their dissatisfaction.
The Family can request a refund for a session if their tutor needs to reschedule to a time that is inconveniencing the Family; cancels a Paid Session due to unexpected circumstances; or misses a Session.
If a Family wishes to cancel a Session, they must write to us at admin@jtutoring.com.au. If a Family requests a cancellation more than seven days in advance of the scheduled Session time, then the Session may be cancelled without penalty.
If a Family decides, within the seven days leading up to their Session, that the Student cannot attend the Session, then they may reschedule the Session in accordance with the “Rescheduling” clause of these Terms.
Except during the Cooling Off Period, we do not provide refunds for change of mind. If a Family simply changes their mind about using our Services, and chooses to cancel a Session within the seven days leading up to the Session, no refund is available unless required by another clause of these Terms, the Australian Consumer Law or other applicable consumer laws.
We will at all times abide by the Australian Consumer Law in relation to any refunds, returns and replacements. Please contact us to discuss at any time.
We have the right to terminate a Family’s registration and enrolment for any reason, at any time for breach of these Terms.
The Family agrees that we may, in our sole discretion, terminate or suspend their access to the Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating the Student’s registration for the Services and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, the Family’s right to use the Website and Services immediately ceases and the Family acknowledges and agrees that we may immediately deactivate or delete their account and all related information and files. We may also bar the Family from any further access to our Website and Services. We shall not be liable to the Family or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not required to provide any refund or part thereof to a Family in the event that we terminate their registration or enrolment due to that Family’s breach of these Terms. In these circumstances, any refund may be determined in our sole discretion (unless otherwise required by the Australian Consumer Law or other applicable consumer laws).
GENERAL USER AGREEMENT
To be eligible to enrol in our Services, you acknowledge and agree to the following:
· If you are a Parent, then you warrant and represent that you have full legal authority to agree to these Terms on the Student’s behalf;
· If you are a Parent, you acknowledge and agree that it is your responsibility to ensure that the Student understands these Terms and complies with them;
· You will keep your contact, payment and other information updated;
· You warrant that all information you provide is true, correct, up-to-date and accurate;
· You will not transfer, sublicense or grant access to any of our Services to any other person, company or business except as agreed in these Terms;
· You will not share any of the worksheets, tests or other materials provided to you (together “Materials”) with any other person;
· You will not, via the Website or the Services:
o harass, abuse, or threaten any other person or to otherwise violate any other person's legal rights;
o violate any intellectual property rights of us or of any third party;
o commit any kind of fraud or unlawful act;
o unlawfully gather information about others;
o publish or distribute any material which is defamatory, in contempt of any legal or other proceedings, indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety, of a menacing character, discriminatory to any group of persons including groups defined by reference to colour, race, sex, origin, nationality or ethnic or national origins, offensive or denouncing of political or religious beliefs, or which incites violence, hatred or discrimination towards any person, group or community;
· We must receive your payment prior to you receiving and accessing our Services. If we do not receive your payment, we may suspend or terminate your enrolment and access to the Sessions and our Services.
STUDENT CODE OF CONDUCT
To ensure a positive and productive learning environment, it is essential that all Students adhere to our Code of Conduct during their tutoring Sessions. Families are responsible for ensuring that their Students understand this Code of Conduct and comply with it. Our Student Code of Conduct is set out below:
Respectful Behaviour: Students must always treat their tutor and fellow students with respect and courtesy.
Relations: Students are not permitted to contact tutors other than through official business communications; email domains ending in jtutoring.com.au and Joubert Tutoring’s WhatsApp business account.
Punctuality: Students should be ready to begin their Session on time. Consistent tardiness disrupts the learning environment and may result in reduced Session time.
Preparedness: Students should log in ready with all required materials and assignments, and be ready to actively participate in the Session.
Distraction-Free Environment: To optimise the learning experience, Students should engage in the Session from a quiet and distraction-free environment, with a good internet connection.
Appropriate Language and Behaviour: Offensive, disruptive, or inappropriate language and behaviours are not tolerated. This includes bullying, harassment, and any form of discrimination.
Feedback: Constructive feedback is welcomed, but it should be communicated in a respectful and positive manner.
Consequences for Breach of the Code of Conduct:
Immediate Session Termination: If a Student's behaviour is particularly disruptive or offensive, the tutor may choose to terminate the Session immediately. Families will be informed of the incident, and the Session will still be counted as completed for billing purposes.
Three-Strike Rule: After three documented instances of misbehaviour or breaches of the Code of Conduct, a formal warning will be issued to the Family. If the behaviour continues after this warning, the Student may be temporarily or permanently banned from attending future Sessions.
Communication with Families: After any significant breach of the Code of Conduct, the Family will be informed, and a meeting may be requested to discuss the Student's behaviour and potential solutions.
Right to Terminate Services: Continued breaches of this Code of Conduct, even after formal warnings, may result in the termination of tutoring services for the Student. This decision is at our sole discretion.
DELIVERY
You need to ensure that you have the appropriate technical software, hardware and internet connection to access our Services.
As we are an online business, our primary means of communication is via the email address you provide to us. We will not be responsible for any missed communication or delivery due to the email address being incorrect. Please ensure that you have provided your correct and accurate email address to receive our communications and Services.
If you cannot access our Services or receive our communications, or they appear to be delayed, please check your email address provided to ensure it is correct and also your spam folder in the event you have not added us to your address book. Otherwise please contact us at admin@jtutoring.com.au so we may try to assist.
RECORDING OF SESSIONS
We record and save all tutoring Sessions on the Zoom cloud storage platform. This is a safety and quality measure to ensure all online conduct is recorded.
Recordings cannot not be turned off by the host or participant.
By registering for a Session, the Student consents to having their Session recorded in accordance with this clause.
AUSTRALIAN TUTORING ASSOCIATION
We are a member of the Australian Tutoring Association Ltd (“ATA”), and we agree to be bound by the ATA’s Code of Conduct (“ATA Code”).
A copy of the ATA Code is available on request, or it may be viewed online at https://ata.edu.au/about-us/member-code-of-conduct/.
DISCLAIMER
The Family is solely responsible for the Student’s progress and completion of our Services. As progress and results vary from individual to individual, we cannot and do not guarantee any particular result, outcome or grades as a result of the Student’s enrolment in or completion of any Sessions or the Services.
All Content on our Website or provided to the Family in connection with any Sessions or the Services is for general information and educational purposes only.
Nothing contained in the Content is, or is intended to be, construed as advice. We are only providing the Family with facts, information, insights and educational material. The Family needs to decide what may work best and what may be suitable for the Student’s personal needs.
We do not have the Family’s personal information, needs or situation in mind when we provide our Content to the Family.
Our Content is obtained from sources believed to be reliable and is given in good faith but we do not warrant or make any representations regarding the use or the result of the use of any Content on our Website or provided to the Family in connection with any Sessions or the Services, including as to its completeness, correctness, suitability, accuracy, reliability, or otherwise. The Family should, before acting on or using any of the Content, consider the appropriateness of the information having regard to the Family’s and the Student’s own personal needs.
AVAILABILITY OF WEBSITE AND SERVICES
We make no warranty that our Website or Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure that the Website and Services are always available and virus-free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavour to notify you if the Website or Services become unavailable for any lengthy or unusual time period.
You agree and acknowledge that the Website may use third-party vendors and hosting partners to provide the necessary software, hardware, services and storage.
We may use cookies when you visit our Website as a part of our interaction with your internet browser. We use cookies to provide you with a better and more customised service and a more effective website. We do not collect personally identifiable information about you from cookies. You can choose if and how a cookie will be accepted by configuring your preferences in your browser.
LIABILITY AND INDEMNITY
Our liability to you is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:
· The supply of the Services or Session (as applicable) again; or
· A refund of the Fees paid for the Services or Session (as applicable).
You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Website or Services. This damage includes, but is not limited to any personal injury, death or property damage.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
You agree to indemnify us against all loss and/or damages whether direct or indirect resulting from your reliance on any Content including your breach of our Terms, any third-party claims resulting directly or indirectly from your use of our Website or Services, and any activity you may engage in through any use of our Website or Services.
LINKS TO OTHER WEBSITES
We may from time to time provide on our Website links to other websites, or advertisements and information provided by other websites or third parties. Such links, advertisements and information are provided for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or an arrangement between us and the owners of those websites or third parties. We take no responsibility for any of the content found on the linked websites or provided by third parties.
EXCLUSION OF COMPETITORS
If you are in the business of providing similar services to our Sessions or Services, for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of ours. We expressly exclude and do not permit you to use or access our Website, to download any Content from the Website or to obtain any such Content via our Services or through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our Website or Services in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
Our Content, such as instruction manuals and training exercises, is protected by copyright and may not be copied by you or any other person, without our express written permission.
In particular, you may not share, copy or redistribute the material in any medium or format at any time except for in the case of a Student sharing it with their Parent or a Parent sharing it with the Student for the purposes of helping with the Student’s personal study or participation in the Sessions.
The material is for your individual personal use only and may not be used for commercial purposes. You are not permitted to make any derivative material, including but not limited to copying, reproducing, transforming, sharing or building upon the material in whole or any part thereof. For any other use or distribution, you must have our express written permission.
All custom graphics, icons, logos and service names within the Website and Services are registered trademarks, copyright, trade or service marks of ours.
All other trademarks or service marks within the Website and Services are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our Website or Services.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Upon acceptance of these Terms and payment of the Fees, we hereby grant you a non-exclusive, non-transferable, limited license to access our Website and the enrolled Services for the period of the enrolment.
COMPLAINTS
If at any time any aspect of the Services is not reasonably acceptable to the Family, or the parties disagree for any reason in relation to the Services, the Family should immediately notify us of any concerns that the Family has by writing to us at admin@jtutoring.com.au or phoning us at +61 7 3613 6463.
The Family must give us a reasonable opportunity to respond and address the Family’s concerns. Feedback and discussion are important features of the Services and it is up to the Family to provide such feedback in order to give us an opportunity to resolve any issue quickly and effectively.
We will make every reasonable effort to fairly and quickly resolve any complaint made by a Family.
Where an oral complaint is made to us, the person receiving the complaint will:
· identify himself/herself, listen, record details and determine what the complainant wants;
· confirm the details received;
· explain the complaints resolution procedure, and advise of alternative courses of action;
· resolve the complaint immediately if possible or make a commitment to resolve the complaint within a given time frame; and
· follow up the complaint as appropriate e.g provide the complainant with feedback regarding the result of any action taken by to resolve the complaint.
Where a written complaint is made to us, we will:
· provide the complainant with written feedback within ten (10) days of receiving the complaint regarding the result of action we have taken to resolve the complaint; and
· if it is not possible to resolve the complaint within ten (10) days, provide written acknowledgement of receipt of the complaint within seven (7) days and specify the time frame within which the complainant will receive feedback regarding the result of action taken by us to resolve the complaint.
We will ensure that all staff are familiar with our complaints resolution policies.
Where a complaint cannot be resolved between us and a Family, the Family has the right to refer the complaint to the ATA. Either party can refer the complaint to the ATA.
JURISDICTION
These Terms and this Website are subject to the laws of Queensland and Australia. If there is a dispute between you and us that results in litigation then you must submit to the exclusive jurisdiction of the courts of Queensland and Australia.