Terms & Conditions

Terms & Conditions Back to School 2020:

 

Learning Pod Group’s Standard Picking and Packing is a flat fee of $4.00 per school year list. There is no late fee charged. This covers picking, packing, packaging and processing of your orders.

 

$80,000 Free Glue Give away:

Learning Pod Group is giving away up to $80,000 RRP of 40gm UHU glue ($3.95 each) for all Back to School list orders handed over to the value over $60 excluding text books and school contributions, maximum of 8 glue sticks per school year booklist. Offer expires on 14th of January 2020 or if the total value is reached prior to this date.

The $80,000 value will be given in a way of dollar value taken away from the line value of the glue total on your back to school list. The prices of your glue on your back to school list is the price that will be deducted per list, prices per list may vary from school to school.

 

Substitutions:

Due to back to school time restraints, if a particular brand or product is not available at the time of packing, Learning Pod Group reserves the right to substitute any product with a product of equal quality at no extra cost to you. Our experienced team will substitute where necessary. All orders are covered with our Quality Product Guarantee. If you don’t wish for this substitution, please advise accordingly at the time of your initial order placement. At times Learning Pod Group may not be able to substantiate an item, there for a refund will be issued.

 

Delivery pick up & Back orders:

Should we be waiting on new stock, we reserve the right to hold the delivery of your order (with consideration for the start of school) until the new stock arrives. Any back order items will be advised on receiving your main order. Delivery will automatically be an authority to leave, with no signature required. If you need to arrange another delivery option please contact us as a further fee may apply.

Ensure you advise correctly of your delivery or pick up, failure of pick up before school will result in losing your deposit. Deposits are compulsory and will be lost if you change your mind or fail to pick up prior to first term.

For orders over 10kg, ensure you lift correctly to your known ability, bending at the knees with your chin up.

Any back orders not picked up from April 2020, will cancelled with not refund. Should you need an extension, please advise.

It is your responsibility to keep your receipt with your order number for proof of purchase. Learning Pod will text the nominate number when your order is available for pick up.

We can not guarantee all items will be available for pick up by the start of Term 1, if lists are dropped off after the new year.

 

Missing Items:

If you notice any missing, incorrect or damaged items, you have 14 days to contact Learning Pod Group directly to make a claim with proof of purchase. No claims will be accepted on missing items from March 2020. Please ensure to provide the original back to school list, picking slip and receipt.

Learning Pod Group employs humans and sometimes errors are made, never intentionally. If you see an error, please feel free to communicate with us we will have processes to assist you.

 

Refund Policy:

Standard ACCC refund laws apply; we do not refund any items if you change your mind or order the wrong items. Should a refund be considered, you will be provided store credit. We do hold a product guarantee.

 

$120 Voucher:

Our $120 voucher is limited to one per family. Families will receive this voucher when picking up their back to school order and may only be used once their supplies are paid for in full.

The voucher can either be used for $120 off one-to-one (including mobile) use of one per family per year or group tutoring, or a mixture of holiday activities, Science parties and in store credit, as specified on the voucher. The physical voucher must be presented at the time of booking and the full amount of the activity chosen must be paid at time of booking.

Should you have any further questions or concerns ensure you talk to our team directly.

$55 for 2 hours special – Learning Pod has 5 to offer families – this is to our Bonus Bundle – Port Kennedy ONLY

Expiry of vouchers expires 31.12.2021

If you have lost your voucher please feel free to contact us to reactivate.

Learning Pod

info@learningpod.com.au

1300123763

4/3 Fielden Way, Port Kennedy WA 6172

33 Council Avenue, Rockingham WA 6168

T&C

Tutoring and Activities.

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 Details Sheet.

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
    • This Agreement shall commence on the earlier of the execution of this Agreement by You, the payment of the Deposit or the commencement of the provisions of Services to the Student.
    • 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.

 

  1. Educational Services
    • 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.
    • 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.
    • The Ongoing session rate for Educational Services is set out in the Details Sheet with such Ongoing session rate being conditional upon You agreeing to the number of Minimum Session Commitment set out in the Details Sheet totalling the Minimum Financial Commitment amount set out in the Details Sheet.
    • Once the Minimum Session Commitment has been agreed, it cannot be varied without our written consent (which may be withheld for any reason).
    • If You do not agree to a Minimum Session Commitment then the Default Session Rate will apply to all Sessions.
    • If You terminate this Agreement at any time prior to the Minimum Session Commitment being Delivered (and excluding any Sessions deemed to be Delivered) to the Student, the Default Session Rate will apply to the balance of the Unused Sessions and we will issue an invoice calculated by multiplying the Unused Sessions by the Default Session Rate less any monies paid in advance by You.

 

  1. Group Sessions
    • The term “Group Session” refers to either a 1 to 4 Session or a “Standard Group Session” of up to 8 students per session as per the current packages available:-
      • “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;
      • “Standard Group Session” means a Session delivered by an Educator to up to 8 Students contemporaneously as we determine from time to time
    • Group Sessions are booked on a per school term basis, with the relevant school term being detailed in the Details Sheet.
    • The Group Session Fee (as detailed in the Details Sheet) is payable in advance prior to the first Session commencing.

 

  1. Fees and Payments
    • For Educational Services:-
      • A Deposit equivalent to two weeks’ worth of sessions or a minimum of $50 must be paid at the time of booking the Student’s first Session of a Minimum Session Commitment. The Deposit is not refundable in any circumstances other than if we terminate this Agreement before Delivering the Student’s first Session;
      • Sessions must be paid 2 weeks in advance via Tutor Cruncher account, in store, over the phone, or bank deposit.
      • On Delivery of the Student’s first Session the deposit will be applied against that Session and the Client is required to make payment of the next two Sessions in advance.
    • For Group Sessions:-
      • The full term’s payment, or remainder of the term is to be paid up front to secure the preferred Session time
      • The payment is not refundable in any circumstances other than:-
        • if we terminate this Agreement before Delivering the first Session; or
        • we are unable to give the Student your preferred Session time; or
        • you terminate this Agreement at least 7 days before the first Session is due to commence.
      • Other than as expressly stated above, all invoices issued by us shall be payable within 7 days. In addition to any other rights we have under this Agreement or at law, interest will be payable on any overdue monies at the rate of 10% per annum calculated daily from the date the payment fell due until the date payment is made in full.
      • Payment may be made via your Tutor Cruncher account, by telephone, at the counter with staff or via bank transfer.
      • 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.
      • Payment plans may be available on request, in our absolute discretion.
      • We charge 75c 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.
      • You may not deduct or set off any amount we owe you from any amount you owe us.

 

  1. Cancelled Sessions, Missed Sessions and Deemed Delivery
    • 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.
    • Medical certificates will not alter the fees as set out in 5.2.1 and 5.3.
      • For Educational Services:-
        • 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;
        • 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;
        • 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;
        • 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.
      • For Group Sessions:-
        • 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 one credit will be given and all other cancelled Sessions regardless of the timing of cancellation shall be deemed to have been Delivered;
        • That credit may be applied to allow the Student to attend one ‘make up’ Session in the next school holiday period to the same value or to be rolled over to the following term;
        • 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.
        • No work will be available for pick up for any cancelled group sessions.
      • School Holidays
        • Educational Service sessions continue to be delivered throughout the State school holiday periods. During the holiday periods You may elect whether or not the Student will attend such sessions. If you elect to not have the Student attend one or more sessions during the holiday period, then You must advise us by email at least 7 days prior to the gazetted date of the State school holiday period. If you do not advise us as required, then any missed Educational Services session during the holiday period will be deemed to have been Delivered.
        • If your educational service falls on a Public Holiday then it is automatically cancelled and Sessions will resume as normal the following week.
          • If your Group Session falls on a Public Holiday within the term, the credit will stay on your account to be used towards educational programs set out in the following holidays or roll over to the following term
        • Our term dates adhere to the Department of Education State School Term dates for the valid year.
      • Cancellations or Changes by Us
        • 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.
        • 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.
        • We will endeavour to provide you as much notice of a cancelled Session.
        • 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.
      • Late Arrivals or Collections
        • 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’.
          • 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.
        • If the Educator arrives late to a Session, your account may be credited to make up the difference in time.
        • 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.

 

  1. Health, Medical and Safety Matters
    • You warrant that the Student is fit to undertake the Sessions.
    • 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) in the Details Sheet provided via email.
      • If your child has become unwell since filling in the Details Sheet, it is your responsibility to tell the Educator and management onsite at handover and follow up by email.
    • You are solely responsible for ensuring that You have advised us of all of the Student’s allergies in the Details Sheet.
    • 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.
    • You must advise us if the Student has not received all of their immunisations at the times and in accordance with the Australian National Immunisation Program Schedule.
    • 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.
    • 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.
    • 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.
    • 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.

 

  1. Suspension and Termination
    • If your account is 4 weeks in arrears or 4 sessions are missed 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.
    • 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 circumstance’s all pre-paid monies shall be forfeited to Us.
    • Either Party may terminate this Agreement, without cause, by two weeks’ notice to the other Party. If-
      • 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).
      • 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, but shall be entitled to a refund of any other pre-paid monies for Unused Sessions.
    • If after your minimum commitment you wish to terminate your sessions, 2 weeks’ written notice and payment up to your last Session is required.

 

  1. Educator and Non-Solicitation
    • Educator
      • All Educators have working with children and national police clearances or are in the process of obtaining as required by law.
      • 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.
      • 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.
      • The Educator will not execute assignments or homework on behalf of Students.
      • The Educator will prepare and structure Sessions prior to arrival.
      • 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.
      • 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.
      • 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.
    • Non-Solicitation
      • 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”).
      • 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.
      • 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.

 

  1. Parental Supervision
    • 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.
    • 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.
    • You or another parent or guardian of the Student must sign the Student in and out of each Session. If you do not comply with this requirement, 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.
    • 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.
    • 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.
    • We strongly suggest students 16 years and under are signed in and out by an adult. It is your responsibility to ensure the Student is correctly supervised and signed in and out of the portal.

 

  1. Commitment to the Student’s Education
    • 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.
    • Educators may ask students what they wish to work on additional to the planned work. This will be included in the online reports.
    • It is your responsibility to communicate with the Educator whether you do not want school homework or specific topics worked on within the Sessions.
    • 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.
    • All mobile sessions may be recorded. A transcript may available on request.
    • The Student must commit to each Session and must not be a distraction to other Session participants.
    • 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.
    • 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.
    • It is your responsibility to raise questions or concerns about the Student’s education as they arise.
    • You warrant that you have legal authority as a parent or guardian of the Student.
    • For mobile Sessions, you must provide a room that is quiet and the doors on the room are to remain open at all times.
    • The Student should attend the Session with water and have eaten a healthy meal or snack prior to attending.
    • Any defamation by You or the student will be investigated and you will be liable for liquid damages caused.
    • 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.
    • Assessment materials and any other intellectual property of Learning Pod Group cannot be provided to You.

 

  1. Exclusion of Warranties and Liability
    • 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.
    • 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:-
      • the Services and the delivery of the Services;
      • the acts or omissions of the Educator;
      • our acts or omissions.
    • 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.
    • We may deduct or set off any monies You owe Us from any monies We owe You.
    • 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.

 

  1. General Provisions
    • 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.
    • We may assign our rights under this Agreement without your consent. You cannot assign your rights without our consent.
    • 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.
    • 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.
    • A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
    • 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.

 

  1. Definitions and Interpretations
    • 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 Details Page 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 Details Page 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

“Details Sheet” 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 Details Sheet and such other services as agreed by the Parties from time to time

“this Agreement” means these terms and conditions.

  • One gender includes the others;
  • The singular includes the plural and the plural includes the singular;
  • Headings are for convenience only and do not form part of this agreement or affect its interpretation.
  • 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.
  • A “person” includes a body corporate or other entity.

 

Last updated 6.9.2019