These terms and conditions apply to all services provided by the Learning Pod Group to the Client with respect to the Student set out in the Enrolment Form.
It is important that both you and the Student read and understand the terms of this Agreement and the rights and obligations of the Parties to this Agreement.
1. Commencement and Term
1.1. This Agreement shall commence at the acceptance of the enrolment form, found here: www.learningpod.snapforms.com.au/form/learning-pod-group—enrolment-form
1.2. Financial commitment by invoice or direct debit will commence after acceptance of the enrolment.
1.3. This Agreement shall continue in time until all Services have been delivered by Us to You unless terminated by a Party in accordance with this Agreement and/or once all financial commitments have been paid.
2. Educational Services
2.1. The term “Educational Services” refers to either the delivery of one to one educational sessions between the Educator and the Student including the delivery of an offsite (not at a site location of the Learning Pod Group) educational session by an Educator to a maximum of eight children includes but not limited to customised educational packages.
2.2. Sessions will be Delivered on the agreed day in each consecutive week subject to any right to reschedule or suspend as set out in this Agreement.
2.3. The Ongoing session rate for Educational Services is set out in the Enrolment Form with such Ongoing session rate being conditional upon You agreeing to the number of Minimum Session Commitment set out in the Enrolment Form totalling the Minimum Financial Commitment amount set out in the Enrolment Form.
2.4. Once the Minimum Session Commitment has been agreed, it cannot be varied without our written consent (which may be withheld for any reason).
2.5. If You terminate this Agreement at any time prior to the Minimum Session Commitment being Delivered to the Student, 2 weeks’ written notice is required, $50 exit fee will apply for Direct Debit set ups and any monies owing to Learning Pod Group will be invoiced to You. Any monies owing to you will be refunded within 14 business days.
3. Group Sessions
3.1. The term “Group Session” refers to either a 1 to 4 Session or a “Customised Group Session” of up to 8 students per session as per the current packages available:-
3.1.1. “1 to 4 Session” means a Session delivered at a site location of the Learning Pod Group by an Educator to up to 4 Students contemporaneously;
3.1.2. “Customised Group Session” means a Session delivered by an Educator to up to 8 Students contemporaneously as we determine from time to time
3.2. Group Sessions are booked on a per year via a Direct Debit setup or pay per school term basis, with the relevant school term adhering to the state government guidelines.
4. Fees and Payments
4.1. For Educational Services:-
4.1.1. Once a session time is agreed upon, an invoice will be created for the nominated amount for a minimum 12 month commitment.
18.104.22.168. This will be paid via Direct Debit.
22.214.171.124. The weekly cost is calculated on a 40 session (40 school weeks) basis and payment is spread over 52 weeks for a lower payment benefit.
126.96.36.199.1. Charged session prices are separate to your direct debit amount.
188.8.131.52. Should you give us 2 weeks’ notice to terminate services within these 52 weeks, the total sessions delivered will be calculated, an additional $50 cancellation fee will occur, sessions will be recalculated and any monies owing will be invoiced.
184.108.40.206. Your payment frequency amount is not deemed as the total cost per session.
220.127.116.11. Invoices will be automatically generated annually unless you advise you no longer require our services.
18.104.22.168. $25 administration fee is included annually.
22.214.171.124. As the paying client, it is your responsibility to ensure your regular payments are being made and to notify us if your payments have stopped.
126.96.36.199. It is the client’s responsibility to ensure the Student is attending the agreed to sessions.
4.1.2. If you do not wish to pay via Direct Debit, you may pay each term (10 weeks) up front.
4.1.3. The payment is not refundable in any circumstances other than:-
188.8.131.52. if we terminate this Agreement before Delivering the first Session; or
184.108.40.206. we are unable to give the Student your preferred Session time as indicated on your enrolment form; or
220.127.116.11. you terminate this Agreement at least 7 days before the first Session is due to commence.
4.2. We may vary our fees at any time by written notice to You provided that such variation cannot be retrospective and will only apply to Services that you engage us to perform after the date of notice.
4.3. Payment plans may be available on request, in our absolute discretion.
4.4. We charge 78c plus GST per km for travel of the Educator to an offsite location in addition to the Session Fee. Kilometres are measured from the closest independent Learning Pod Group site to the offsite location. There is no return travel fee.
4.5. You may not deduct or set off any amount we owe you from any amount you owe us.
4.6. NDIS clients may have their sessions invoiced at the end of each term or customised according to their plan. All other terms and conditions apply.
4.7. It is your responsibility to log in to your Tutor Cruncher account and update your Credit Card details as a back up option in case your invoice or direct debit payments fail.
5. Cancelled Sessions, Missed Sessions and Deemed Delivery
5.1. You must cancel a Session by email to Us. You may call and follow up with a written email. No verbal communication, social media avenues or text messages will be accepted as a form of cancellation.
5.1.1. More than two cancelled sessions in a row may result in losing your allocated time
5.2. Medical certificates or illness symptoms will not alter the fees as set out in 5.3.1 and 5.4.
5.2.1. For Educational Services:-
18.104.22.168. If a Session is cancelled at least 24 hours prior to the Session commencement time then a credit will be given for the cancelled Session which can be rebooked at a time agreed between the Parties;
22.214.171.124. If a Session is cancelled less than 24 hours before the Session commencement time, 50% of the Session Rate will be forfeited such that ½ of a Session shall be deemed to have been Delivered. If you wish to pick up work prepared in this time, 100% of the Session will be charged;
126.96.36.199. If a Session is cancelled less than 8 hours before the Session commencement time, 100% of the Session Rate will be forfeited such that 1 Session shall be deemed to have been Delivered. On cancellation, you may advise us whether you will be picking up the student’s work prepared in this time;
188.8.131.52. If a Student misses a Session or is a ‘no show’ and no cancellation has been received, 100% of the Session Rate will be forfeited such that 1 Session shall be deemed to have been Delivered. Your educator may attempt to call you in this time. It is your responsibility to specify whether and when you will be picking up work prepared in this time.
5.3. For Group Sessions:-
5.3.1. If a Session is cancelled with at least 12 hours’ notice of the Session, a credit will be given for the cancelled Session, provided that in any school term, only two credit will be given and all other cancelled Sessions regardless of the timing of cancellation shall be deemed to have been Delivered;
5.3.2. That credit will be rolled over to the following term;
5.3.3. If a Student misses a Session or is a ‘no show’ and no cancellation has been received, or no credit is available, then there will be no credit offered for the missed Session.
5.3.4. No work will be available for pick up for any cancelled group sessions.
5.4. School Holidays
5.4.1. Holiday sessions are not included in your yearly direct debit schedule. If you wish to attend sessions during the school holidays, this will need to be advised via email at least 7 days prior and to be paid for separately.
5.4.2. If your educational service falls on a Public Holiday then it is automatically cancelled and Sessions will resume as normal the following week.
184.108.40.206. If your Group Session falls on a Public Holiday within the term, the credit for this day will roll over to the following term
5.4.3. Our term dates adhere to the Department of Education State School Term dates for the valid year.
5.5. Cancellations or Changes by Us
5.5.1. A change of educator does not indicate a cancellation of a Session and unattendance will still incur fees as per section 5.2 and 5.3.
5.5.2. In circumstances where a change of educator or Session structure occurs, Learning Pod Group reserves the right to place the Student within another session. Should a Session rate change, your account balance will be altered by management.
5.5.3. We will endeavour to provide you as much notice of a cancelled Session.
5.5.4. If we cancel a Session you will be entitled to reschedule that Session at a time mutually convenient but if a mutually convenient time cannot be scheduled, you will not be charged for that Session.
5.5.5. Failure to receive automated session reminders is not a reason for cancellation and non-attendance will still be charged according to 5.2.1.
5.6. Late Arrivals or Collections
5.6.1. Each Session has a strict start and finish time. If the Student arrives late or leaves early, there shall be no adjustment of the Session Fee and that time is ‘lost’.
220.127.116.11. Conversations with the Educator must occur within the time allocated to the Session. Required discussions outside of this time must be requested via writing to management.
5.6.2. In the rare occurrence the Educator arrives late to a Session, your account may be credited to make up the difference in time.
5.6.3. To the maximum extent permitted by law, We will not be responsible for the care of any Student who is not collected promptly at the conclusion of a Session and we have no obligation to remain onsite with the Student awaiting their collection or keep the Student onsite if they wish to leave. If the persons responsible for collection of the Student arrives more than 30 minutes after the set Session finish time, and We have determined it appropriate to remain with the Student notwithstanding the foregoing, then a late collection fee of $50 is payable to Us.
6. Health, Medical and Safety Matters
6.1. You warrant that the Student is fit to undertake the Sessions.
6.2. You are solely responsible for ensuring that You have advised us of all of the Student’s health and medical issues (whether mental, physical, behavioural or learning related) on the enrolment form.
6.2.1. If your child has become unwell since filling in the enrolment form, it is your responsibility to tell the Educator and management onsite at handover and follow up by email.
6.3. You are solely responsible for ensuring that You have advised us of all of the Student’s allergies in the enrolment form.
6.4. It is your responsibility you and the student are adhering to all current state and federal government guidelines regarding health and safety as well as the health and safety guidelines of Learning Pod Group.
6.5. You acknowledge that not all Educators will be trained in First Aid. You consent to the administration of First Aid and CPR to the Student and acknowledge that neither Us nor the Educator will be liable to You, the Student or any other person for any injury or illness sustained by the Student as a result of any medical practitioners or any other person administering first aid. You agree to make payment of all expenses incurred by Us or the Educator in delivering or arranging the delivery of first aid including any medical treatment and ambulance fees. Further, You agree that neither Us nor the Educator will be liable to You, the Student or any other person on account of a failure of any person to administer first aid.
6.6. You acknowledge that other students educated by Us may not have received all of their immunisations at the times and in accordance with the Australian National Immunisation Program Schedule and that we may or may not be aware of the status of a student’s immunisation. All Students attend Sessions at the risk of the Student and Client jointly regardless of any knowledge we have, or ought to have had. You accept that we may not be permitted to disclose the medical information of other students.
6.7. We will not be liable to You, the Student or any other persons for any claim arising from or otherwise related to the health of the Student whatsoever and howsoever arising.
6.8. Under no circumstances will We or an Educator be responsible for supplying, dispensing or administering any medication to a Student other than in the course of first aid treatment pursuant to clause 6.4.
6.9. We and the Educators are not qualified to diagnose any learning difficulties. Whilst We or the Educator may advise You of any behavioural traits observed, it is Your responsibility to seek medical advice.
7. Suspension and Termination
7.1. If 4 direct debits have failed consecutively we may suspend the delivery of Sessions and your allocated Session time to the Student until such time as you have remedied the non-compliance.
7.2. In addition to the right to suspend Sessions, if an amount remains due and owing to Us, or You are in default of this Agreement, for more than 7 days, we may terminate this Agreement by notice in writing to You and in such circumstances all pre-paid monies shall be forfeited to Us.
7.3. Either Party may terminate this Agreement, by two weeks’ notice to the other Party. If-
7.3.1. We terminate pursuant to this clause 7.3, then we will refund to you any pre-paid monies for any Unused Sessions (after expiration of the two week notice period).
7.3.2. You terminate pursuant to this clause 7.3, then you forfeit any pre-paid monies for Sessions that would have fallen during the two week notice period plus the cancellation fee, but shall be entitled to a refund of any other pre-paid monies for Unused Sessions.
7.4. If after your minimum commitment you wish to terminate your sessions, 2 weeks’ written notice, the cancellation fee, and payment up to your last Session is required.
8. Educator and Non-Solicitation
8.1.1. All Educators have working with children and national police clearances or are in the process of obtaining as required by law.
8.1.2. We may substitute the nominated Educator at any time by notice to you. Such notice may be provided in advance or at the commencement of a Session.
8.1.3. Should you have any concerns about an Educator, or seek an Educator be substituted, you must advise us as soon as reasonably practicable and we will endeavour to resolve the matter promptly.
8.1.4. The Educator will not execute assignments or homework on behalf of Students.
8.1.5. The Educator will prepare and structure Sessions prior to arrival.
8.1.6. The Educator may terminate a Session and leave if the Student does any act, matter or thing that the Educator considers to be threatening or offensive. There will be no refund or rescheduling of any Session which the Educator leaves for this reason.
8.1.7. Learning Pod Group is not liable for advice provided by Educators. It is your responsibility to communicate with management any concerns or questions as they arise.
8.1.8. Learning Pod Group’s Educators’ qualifications and experience will vary. It is your responsibility to communicate with management any concerns or questions as they arise.
8.2.1. You must not solicit, entice, arrange, introduce, procure, hire, engage or contract the provision of any Services by the Educator to any Associated Person directly, or otherwise without our express written consent (“Offending Services”).
8.2.2. You must not communicate with the Educator via any means other than through Us. This includes being prohibited from communicating on social media or via the Educator’s private phone or email.
8.2.3. If You breach the foregoing subclause, then you will be liable to us, by way of liquidated damages, for a sum equal to the sum we would have been entitled to charge you had we been engaged to deliver the Offending Services.
9. Parental Supervision
9.1. For any Session commencing after 7.30pm You, or a person you have authorised with us by email, must remain at the Session location, inclusive of the carpark for your visibility of the session, for the entirety of the Session and must sign in and out via the portal.
9.2. If the Student has any medical or health condition, we may in our absolute discretion require You or a person or a person You have authorised with us by email remain at the Session location for the entirety of the Session and sign in and out via the portal.
9.3. You or another parent or guardian or the Student must sign the Student in and out of each Session. If this not complied with, then you are deemed to release us from any liability whatsoever or howsoever arising in relation to the attendance of the Student at the Session, their arrival and their departure from the Session.
9.4. You expressly authorise us to allow the Student to leave the Session unsupervised if you fail to attend to sign the Student in and out, or fail to authorise or send any other person to do so.
9.5. Without detracting from the obligation in clause 9.3, You are solely responsible for ensuring the Student arrives at and is collected from the Session safely. We are under no obligation to make enquiries, or contact you, in relation to any person who attends to drop off or collect a Student other than as reasonable in the circumstances. If you have authorised another person to drop off or collect the Student, we are entitled to take that person at face value on them providing their name and are not required to ask to see any form of identification.
10. Commitment to the Student’s Education
10.1. You and the Student must assist and co-operate with the Educator in identifying areas in which the Student requires or wishes to have specific tutoring and make the Educator aware of any issues or concerns that are known.
10.2. Educators may ask students what they wish to work on additional to the planned work. This will be included in the online reports.
10.3. It is your responsibility to communicate with the Educator whether you do not want school homework or specific topics worked on within the Sessions.
10.4. Sessions may be recorded (audio and or visual) in our absolute discretion and You consent to such recording. If recorded, a transcript will be available on request.
10.5. All mobile sessions may be recorded. A transcript may available on request.
10.6. The Student must commit to each Session and must not be a distraction to other Session participants.
10.7. For Group Sessions, the Student may be asked to leave the Session if they engage in threatening or offensive behaviour. There will be no refund or rescheduling of any Session of which the Student is asked to leave for this reason.
10.8. You and the Student must regularly view and take note of Tutor Cruncher to ensure that scheduled Sessions, reports, credit balances and contact details are correct. You must advise Us if you cannot access Tutor Cruncher.
10.9. It is your responsibility to raise questions or concerns about the Student’s education as they arise.
10.10. You warrant that you have legal authority as a parent or guardian of the Student.
10.11. For mobile Sessions, you must provide a room that is quiet and the doors on the room are to remain open at all times.
10.12. The Student should attend the Session with water and have eaten a healthy meal or snack prior to attending.
10.13. Any defamation by You or the student will be investigated and you will be liable for liquid damages caused.
10.14. Although we keep the Student’s work onsite, we are not required to provide this to you at any time or retain it onsite for any period of time. Should you wish to see or obtain any specific work, it is your responsibility to communicate this with us prior to your Session.
10.15. Assessment materials and any other intellectual property of Learning Pod Group cannot be provided to You.
11. Exclusion of Warranties and Liability
11.1. Whilst we are committed to improving, challenging and excelling all of our students with initial and on-going assessments and reports, we do not warrant or guarantee that any particular outcome will be achieved or that the Student’s performance will be improved as a result of the Services.
11.2. To the maximum extent permitted by law, we exclude all liability to You for any claim, proceeding or action whatsoever or howsoever arising in relation to:-
11.2.1. the Services and the delivery of the Services;
11.2.2. the acts or omissions of the Educator;
11.2.3. our acts or omissions.
11.3. To the extent we are found by a Court of competent jurisdiction to be liable to you, the maximum extent of our liability shall be a refund to you of all Fees paid to Us.
11.4. We may deduct or set off any monies You owe Us from any monies We owe You.
11.5. You acknowledge that we may disclose any information we hold or collect about the Student to You, the Student, any school the Student attends, law enforcers or any other person that the law requires us to disclose information to. We may charge you an additional fee if we are required to make disclosures to any person other than You or the Student.
12. General Provisions
12.1. The laws of Western Australia govern this Agreement and the Parties submit to the jurisdiction of the Courts of Western Australia and any Court exercising appellate jurisdiction.
12.2. We may assign our rights under this Agreement without your consent. You cannot assign your rights without our consent.
12.3. If any provision of this Agreement is unenforceable, illegal or void, that provision shall be severed and the remainder of the Agreement shall continue in full force and effect.
12.4. This Agreement contains the entire agreement and understanding of the Parties on everything connected with the subject matter of this Agreement and supersedes any prior agreement or understanding.
12.5. A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
12.6. A Party in default of this Agreement shall be liable to reimburse and indemnify the non-defaulting party for all costs incurred by the non-defaulting party (including legal costs on a solicitor-own client basis) arising from the default or incurred by the non-defaulting Party enforcing its rights hereunder.
13. Definitions and Interpretations
13.1. In this Agreement, the following terms have the following meaning:-
“Associated Persons” means You, the Student and any person related by blood or marriage or legal guardian to You or to the Student;
“Deposit” means the amount referred to in the enrolment form with respect to the Educational Sessions or Group Sessions (as applicable)
“Educator” means the tutor appointed to deliver the Services to the Student as set out in the enrolment form or such other person as nominated by us from time to time in accordance with this Agreement
“Parties” means the Client or LPG and “Party” means such one of them as the context requires
“Enrolment Form” means the sheet annexed to this Agreement setting out the details of the Parties and the Services to be provided
“Us” or “LPG” means Money Jar Investments Pty Ltd (ACN 611 046 925) trading as Learning Pod Group and our agents, assigns, employees, servants, contractors and consultants
“Unused Sessions” means the Minimum Session Commitment less the number of Sessions Delivered
“You” or “Client” means the parent or guardian of the Student who is entering this Agreement for Services
“Delivered” means a completed Session or a Session deemed to be delivered pursuant to a term of this Agreement;
“Session” means each 1 hour (or agreed time) session of Services provided by the Educator to the Student (whether as a Delivered Educational Session or Group Session that the Student attends) as deemed to have been provided by the Educator to the Student in accordance with the terms of this Agreement;
“Student” means the student who will be receiving the Services
“Services” means the educational or group services which we have agreed to deliver to You as detailed in the Enrolment form and such other services as agreed by the Parties from time to time
“this Agreement” means these terms and conditions.
13.2. One gender includes the others;
13.3. The singular includes the plural and the plural includes the singular;
13.4. Headings are for convenience only and do not form part of this agreement or affect its interpretation.
13.5. A provision of this agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the agreement or the inclusion of the provision in the agreement.
13.6. A “person” includes a body corporate or other entity.