Terms and conditions.

By proceeding with payment for the Services and/or accepting this Agreement by clicking “I Agree” prior to making payment, you will be deemed to have read, understood, accepted and be bound by the terms and conditions contained in this Agreement, and that this version is the sole requirement for this Agreement to be binding on the parties. You acknowledge and agree that if you do not accept this Agreement and conditions, you must not proceed with the Services.

If you are under the age of 18 you must have a parent or guardian accept this Agreement.

Our goal is to assist the Student to achieve and maximise their academic potential. We will provide the Services to you as outlined in an Order Confirmation:

1. (a)
   in a professional and respectful manner;
2. (b)
   using reasonable care and skill; and
3. (c)
   reasonably comply with all relevant laws and regulations.

In order to obtain the best value and outcome from the Services, the Student will need to:

1. (a)
   attend all Classes in a punctual manner, no earlier than the time specified for the Classes;
2. (b)
   use best endeavours to complete both in-Class and any additional learning activities;
3. (c)
   engage with our Tutors and other students to explore and enrich their understanding of the Course;
4. (d)
   treat all persons at the Loyola Tutoring Centre with courtesy and respect;
5. (e)
   follow the reasonable directions of Tutors and our employees;
6. (f)
   not do anything to put themselves or others at risk;
7. (g)
   not do anything that is disruptive or damaging to others or the Loyola Tutoring facilities, property, environment and personnel;
8. (h)
   not say nor represent anything that is defamatory of another student or any other person nor do or say anything that is vulgar, obscene or profane, racist, homophobic, misogynistic, abusive, hateful, threatening, hostile, intimidating, bullying, harassing or constitutes an invasion of privacy;
9. (i)
   not promote nor engage in conduct that is unlawful, misleading, false, deceptive, insulting, derogatory or infringe any third party’s intellectual property rights (including copyright) or breach confidentiality; and
10. (j)
    not bring or permit third parties who are not enrolled into our Services for the purpose of using the Service.

If Loyola Tutoring becomes aware of any Student conduct that breaches the terms of this Agreement, we may terminate this Agreement, and/or terminate or suspend the Student’s enrolment in the Course or other access to Classes and our Services.

You must ensure that:

1. (a)
   the Student is dropped off at the Loyola Tutoring Centre before the commencement of a Class;
2. (b)
   a parent or guardian collects the Student from the Loyola Tutoring Centre no more than 20 minutes after a Class has ended. If there is any unreasonable delay in collecting the Student, we may charge you additional costs associated with having to keep the Loyola Tutoring Centre open and having staff supervise the Student;
3. (c)
   you comply with the terms of this Agreement, our website terms of use and our Website Forum Code of Conduct; and
4. (d)
   you do everything reasonably necessary to ensure that the Student complies with the obligations outlined in clause 3.1.

When you enrol the Student for a Course or a Class, you agree to pay the relevant Fees for that Course for the balance of the Term. Students are not permitted to attend a Course or a Class without prior payment.

If you do not make a payment of the Fees or any other payments payable under this Agreement by the date required, we may:

1. (a)
   charge interest on the outstanding amount at the rate of 2% per year above the base lending rate of Westpac Bank, accruing daily; and/or
2. (b)
   suspend or cancel any future Services to you.

If anything supplied under or in connection with this Agreement constitutes a taxable supply for the purposes of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (“GST Law”), the supplier may recover from the recipient an amount on account of GST (as defined in the GST Law).

The amount on account of GST is:

1. (a)
   equal to the value of the supply calculated in accordance with the GST Law multiplied by the prevailing GST rate; and
2. (b)
   payable at the same time and in the same manner as the recipient is required to pay or provide monetary consideration for the supply to which the additional amount relates.

While Loyola Tutoring aims to prepare the Student academically to the best of their ability, learning and progress depend on a range of factors including the efforts of the Student. You acknowledge and understand that:

1. (a)
   we cannot guarantee that our Services will lead to an improvement in academic performance;
2. (b)
   we do not represent or warrant that using the Services will lead to any particular study outcome or academic result and disclaim any warranty that the Service can be relied on;
3. (c)
   we are not liable nor do we accept any responsibility for the Student’s academic performance;
4. (d)
   the Services are not intended to replace regular school attendance, personal study or the Student’s own taking or generating of notes;
5. (e)
   the Services should be used in conjunction with and not as a substitute for a Student’s own study notes and directions from their regular teachers.

By purchasing the Services and agreeing to this Agreement, you agree to release us from any claim you might otherwise bring in relation to the performance of the Student.

Due to unforeseen circumstances, it may be necessary to reschedule a Class. We will:

1. (a)
   find another tutor to substitute for that Class; or
2. (b)
   take all reasonable efforts to accommodate the availability of all Students in the Class when rescheduling.

In the event that a Class cannot be rescheduled or an alternative Tutor provided, we will issue a refund for the cancelled Class.

No refunds or discounts are available for late arrival or failure to attend a Class. If the Student misses a Class, we will permit them to attend the same Class in another time slot where that is available. However, if there is no other Class timeslot we will not give a refund for that Class.

Loyola Tutoring reserves the right to refuse a refund for any completed Class attended by the Student.

During the Term, if you decide to terminate the Student’s enrolment, we may agree to refund to you the payment for the remaining Classes for the Term, less any applicable third-party fees and an administration fee, provided you:

1. (a)
   have complied with all your obligations under this Agreement; and
2. (b)
   comply with clause 9.3 below.

We will only agree to a refund if you return all Learning Materials that we have provided and cease accessing our website and online forum.

The Australian Consumer Law grants certain rights which, if applicable, cannot be excluded from our Services. These rights include a right to replacement or refund where there is a major defect. Nothing in this Agreement intends to exclude the Australian Consumer Law or any other relevant guarantees or warranties that cannot be excluded by law (“Consumer Guarantees”). If the Australian Consumer Law applies to this Agreement, our liability under a Consumer Guarantee is limited in the case of services, to any one of the following as determined by us:

1. (a)
   the supplying of the Services again; or
2. (b)
   the payment of the cost of having the Services supplied again.

In the case 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 Learning Materials that we have provided and cease accessing our website and online forum.

To the fullest extent permitted by law, in no circumstance will Loyola Tutoring be liable to you for any indirect, incidental, special and/or consequential loss or damage (including loss of profits, revenue, production, goodwill, data or opportunity including educational opportunity) of any nature arising through or as a result of your use of the Service or materials purchased or obtained through it.

You agree to fully indemnify and hold Loyola Tutoring (and our employees) harmless against any expenses, costs, loss or damage (including consequential loss) that Loyola Tutoring may suffer or incur as a result of or in connection with:

1. (a)
   your or the Student’s use of the Service;
2. (b)
   your or the Student’s breach of this Agreement; and
3. (c)
   any wilful or negligent act or omission by you or the Student.

The learning materials, materials accessed via our website and any other content, resources and information that we provide you or to the Student (“Learning Materials”) belong to Loyola Tutoring at all times. Copyright in all Learning Materials (including information and its arrangement) is owned by Loyola Tutoring.

Students may access the Learning Materials available on our Website during the term of their enrolment.

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 and the Student will not, at any time, distribute or make copies of the materials to give to third parties.

Except as permitted under applicable laws, you must not reproduce, copy, alter, adapt, translate, store, distribute, re-distribute, purport to sub-license, on-sell, print, display in public, perform, communicate to the public or create derivative works from the Learning Materials or the Services, or any substantial part thereof, or otherwise exploit for any commercial purpose. Such materials are licensed to you and the Student for personal, private, non-commercial use only.

You acknowledge and agree that we may publish the academic results of the Student and you provide your express consent to the publication of the academic results of the Student.

We will only use any personal information you provide for specific purposes related to providing the Services. For more information on how we treat your information please see our privacy policy. You acknowledge and agree that you have read and understood our privacy policy and agree to be bound by it.

To ensure that our Classrooms provide the safest possible environment for all students, we may install CCTV cameras. 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. By enrolling with Loyola Tutoring and accepting this Agreement, you acknowledge and consent to the CCTV surveillance either on your own behalf or on behalf of the Student (as appropriate).

Whilst we will take reasonable care to control what occurs in the Classroom, we are not responsible for any personal property that is brought into the Classroom. We accept no risk in respect of that personal property.

You agree that if the Student damages any part of a Loyola Tutoring Centre you will, on demand from us, pay the reasonable costs of repairing that damage.

You, the Student and any other parent or guardian who attends the Loyola Tutoring Centre must comply with our reasonable directions regarding work, health and safety.

Where you, a Student or any other parent or guardian repeatedly fail to comply with our reasonable directions, we can prohibit that person from entering the Loyola Tutoring Centre or 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 attempting to work with you and the Student to improve the Student’s conduct.

Except with our express, written consent, you agree that you will not solicit any tutors or employees of Loyola Tutoring to work for your own or any other personal or business ventures. You agree that during the period of contract and for a period of one (1) year immediately after termination of this Agreement with Loyola Tutoring, you will not, either directly or indirectly for yourself or the Student or for any other person, family or business, call upon, solicit, divert, or take away, or attempt to solicit, divert or take away any of the tutors, business, or partners of Loyola Tutoring with whom you have become acquainted as a result of the provision of the Services.

We may terminate this Agreement immediately by notice in writing if you breach any term of this Agreement and such breach is not remedied within 10 business days after we provide notice of the breach.

If notice is given to you pursuant to clause 18.1, we may at our sole discretion and in addition to terminating the Agreement:

1. (a)
   retain moneys paid;
2. (b)
   charge a reasonable sum for work performed for which no sum has previously been charged;
3. (c)
   be regarded as discharged from any future obligations under this Agreement; and
4. (d)
   pursue any additional or alternative remedies provided by law.

If this Agreement is terminated in accordance with 18.1:

1. (a)
   you will be charged a pro rata rate for any work and Services performed up to the date of the termination for which no payment has been received;
2. (b)
   you must return all Learning Materials that we have provided;
3. (c)
   we will terminate your access to our Website and online forum; and
4. (d)
   you acknowledge and agree that such termination will not affect your obligation to pay any Fees due and owing under this Agreement.

Any dispute arising out of or in connection with this Agreement shall follow the following procedure:

1. (a)
   the parties shall meet in good faith to attempt to resolve the dispute;
2. (b)
   should the parties fail to resolve the dispute within 28 days, either party may submit the dispute to mediation in accordance with, and subject to, the Institute of Arbitrators & Mediators Australia ‘Mediation and Conciliation Rules.’ The legal forum for the dispute shall be deemed to be the state of Western Australia; and
3. (c)
   if the dispute or difference is not settled within 30 days of the submission to mediation (unless such period is extended by Agreement of the parties), either party may proceed to litigate the matter in a court of competent jurisdiction within Western Australia.

Notwithstanding the existence of a dispute each party shall continue to perform its obligations under this Agreement.

The parties may execute this document through electronic or digital means, provided the electronic signature complies with the requirements of the Electronic Transactions Act 1999 (Cth) and any other applicable state or territory legislation, and is transmitted electronically. Such signature constitutes a duly authorised, irrevocable, actual, current delivery of this Agreement (or any amendment) with original ink signatures of each person and entity.

In the event that a party is prevented from performing an obligation of that party under this Agreement (other than an obligation to make a payment due under this Agreement), by reason of an Event of Force Majeure, the obligation is suspended so long as the Event of Force Majeure continues.

If any part of this Agreement is held to be invalid, illegal or unenforceable in any respect, under any applicable law, the remaining parts of the Agreement will remain in full force and effect.

This Agreement constitutes the entire Agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

The provisions of this Agreement cannot be varied except by Agreement in writing signed by the parties.

The covenants, conditions and provisions of this Agreement which are capable of having effect after the expiration of the Agreement shall remain in full force and effect following the expiration of the Agreement.

Any notice or other communication required to be given under this Agreement will be effective if delivered by email to us at loyolatutoring@gmail.com and to you at the email address you nominate.

This Agreement and the provision of the Services are subject to all applicable public health and related Australian State and Federal Government regulatory and legislative provisions and all mandatory orders, directions and restrictions (including those in relation to COVID-19 or any comparable pandemic) in force and effect in the State or Territory in which the Services are being provided at the relevant time.

In this Agreement some words have a specific meaning. Below are the words that have a specific meaning and the associated definition.

1. (a)
   “Agreement” means these terms and conditions and the Order Confirmation.
2. (b)
   “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
3. (c)
   “Class” and “Classes” means a group tutoring class or classes (as applicable) in a Course or offered as a standalone.
4. (d)
   “Classroom” means the Loyola Tutoring office where the Group Sessions are conducted.
5. (e)
   “Course” means a course of study over a Term for a particular subject.
6. (f)
   “Event of Force Majeure” means any event, circumstance or happening, or any series of events, circumstances or happenings, which:

   1. (i)
      either alone or in aggregate directly affects a party’s ability to perform this Agreement according to its terms; and
   2. (ii)
      is beyond that party’s reasonable control (including without limiting this, war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, other natural disaster, explosion, strikes or industrial action, lockouts, slowdowns, acts of state or governmental action, pandemic or epidemics, government restrictions), but does not include impecuniosity of that party, unless caused by such an event, circumstance or happening;
7. (g)
   “Fees” means the fees to be paid by you for the Services provided by us.
8. (h)
   “Loyola Tutoring Centre” means our office location where the Services are provided, as outlined in the Order Confirmation.
9. (i)
   “Order Confirmation” means the order document emailed to you outlining the details of your purchase and the Fees paid or payable, the Course or Class, the Term and any other information relevant to the Services.
10. (j)
    “Student” means the person who is enrolled in a Course at Loyola and who will receive the Services.
11. (k)
    “Services” means the services to be provided to you by us under this Agreement, as outlined in the Order Confirmation.
12. (l)
    “Term” means a school term.
13. (m)
    “Tutor” means a person engaged by us to provide academic assistance to Students through the provision of Courses and Classes.
14. (n)
    “We”, “we”, “Our”, “our”, “Us”, “us” and “Loyola Tutoring” means Loyola Tutoring Pty Ltd (ACN 634 246 245) as trustee for the Loyola Family Trust.
15. (o)
    “You”, “you”, “Your” or “your” means the Student (where the Student is over 18 years of age) or the Student’s parent or guardian named in the Order Confirmation, being a party to this Agreement who is purchasing and receiving the Services.