Terms & Conditions
Client’s (parents’/guardians’) use of our services is subject to legally binding terms and conditions as specified herein. Carefully read the following terms and conditions before accessing or using our website and service. The use of our services indicates the acceptance of the following terms and conditions and client’s agreement to be bound by them. These terms and conditions regulate the business relationship between you and us when you use the website https://www.smallscholars.com.au (Our Website). By using Our Website in any way, or by purchasing our Services, you agree to be bound by them.
No person under the age of 18 years may use our Website and Services or provide personal information to us. Persons under age 18 may only use our Website and Services with the involvement and consent of a parent or legal guardian.
The following terms and conditions form a binding agreement between Client and Small Scholars Pty Ltd. We may change these terms and conditions at any time without advance notice. Small Scholars Pty Ltd reserves the right to alter these terms and conditions. The continued use of our services after any change means the Client has accepted the changed terms and conditions.
Disclaimer
The information contained in this document (“Information”) has been prepared for general information and it is not intended that the Information be relied on by recipients. Small Scholars Pty Ltd does not give any warranty as to the accuracy, reliability, or completeness of the Information and accepts no responsibility for updating or correcting any part of the Information.
Small Scholars Pty Ltd and its employees, contractors and consultants do not accept any liability (whether arising in contract, or tort, or negligence or otherwise) for any error, omission or misrepresentation in relation to the Information or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) incurred by any person whatsoever arising out of or referable to the Information on this document.
By agreeing to use and pay for the service provided by Small Scholars Pty Ltd, you agree to these terms and conditions of service. If a breach of any of these terms is found, the Client’s service will be terminated.
We disclaim any warranty that any information, advice and material obtained while providing the service will be accurate, complete, reliable, current, useful or error-free. To the extent permissible at law, the Service is provided on an “as is” and “as available” basis, without warranties of any kind other than those prescribed under the Australian Consumer Law or other applicable law.
Small Scholars Pty Ltd does not make any representations or warranties that the Website, and/or Student access to the Service and/or the Centre will be uninterrupted or always available. Small Scholars Pty Ltd does not guarantee that any given appointment or other planned activity will always be available or performed as scheduled.
Small Scholars Pty Ltd does not provide, nor do we accept any responsibility or liability for a Student’s devices nor any other costs associated with their use of the Service, nor for the safety or security of any personal belongings used by the Student.
Small Scholars Pty Ltd does not represent or warrant that using the Service will lead to any particular study outcome or academic result and disclaim any warranty that the Service can be relied upon.
Privacy
Small Scholars Pty Ltd is the sole owner of all information collected on the website and this form. You acknowledge and consent that any Information provided to Small Scholars Pty Ltd in connection with the use of their service may be used by Small Scholars Pty Ltd for its own purposes, including but not limited to marketing purposes, planning, product development and research purposes. Your personal information will be kept absolutely confidential by Small Scholars Pty Ltd and will not be given to any other party except as agreed by you in the course of business terms and conditions, or if formally requested by law enforcement agencies.
If you disclose to Small Scholars Pty Ltd or we find out certain information about you that Small Scholars Pty Ltd believes could be harmful to you or to others, we may disclose this information to the relevant authorities, including parents, school, a health care professional or anyone else we deem necessary that will assist Small Scholars Pty Ltd with dealing with the situation.
By agreeing to our service, you also consent to any images/video/audio taken during lessons or out of Students time for any marketing purposes. If you do not wish to consent to images/video or audio taken during lessons then please confirm in writing via email to admin@smallscholars.com.au.
Services & Information
By agreeing to accept the service provided by Small Scholars Pty Ltd, the Client understands that our teachers are trained to help them excel in transitioning to school to the best of their ability. Small Scholars Pty Ltd performs our services in a manner to respect student confidentiality.
Upon enrolment and at other times during the course of providing the Service, we may collect information, including your and the Student’s names, address, dates of birth, email addresses, phone numbers and other relevant details.
You agree to provide accurate and complete information and to keep this information updated when interacting with us. You declare that the information provided to us for the purposes of enrolment and seeking and continuing enrolment will be complete and accurate.
Fees
Enrolment is conditional on us receiving the applicable Enrolment form and any other necessary initial forms. Small Scholars Pty Ltd takes bookings based on a full Term enrolment program and fees are structured this way and payable upfront in full prior to the commencement of the Term. Casual bookings may become available during a Term if places become available.
The applicable Fees are indicated and updated from time to time on our Website. All fees must be paid at the time of enrolment. A booking surcharge may be collected on payments to cover the cost of processing and adminstering your enrolment, such as card processing fees, administrative costs and 3rd party booking platform fees.
Fees are charged and payable in Australian dollars (AUD) and are inclusive of Goods and Services Tax (“GST”).
Payment
The billing process will be under the control of Small Scholars Pty Ltd. Fees are payable by method of electronic payment and/or direct debit. You warrant that there will be sufficient funds or credit facilities to cover the order amount. We reserve the right to obtain validation of your payment details before granting use of the Service.
Free Trial
We offer one Free Trial class for new Clients to provide an opportunity to experience the program before you commit to enrolling for the term. Confirmation of a Free Trial does not guarantee enrolment in a Client preferred class or Term and all enrolments are subject to availability.
If your child is unwell and cannot make their Free Trial class, we will attempt to reschedule to another class before the trial class is scheduled to run subject to availability.
Cancellation and NO REFUND Policy
By enrolling in our classes, you are committing to a service contract for a complete Term. We do not offer refunds for cancellations by Clients as a result of illness, holidays, change of mind or issues outside of our control, whether foreseen or unforeseen. We offer a free trial to ensure Clients are satisfied with our program prior to enrolling. As such, all fees are non-refundable.
In certain circumstances and at the discretion of Small Scholars Pty Ltd, a credit may be issued for future classes.
If a teacher needs to cancel a lesson, another teacher will substitute for the Client’s lesson. If a substitute teacher cannot complete the lesson, Small Scholars Pty Ltd will provide a make-up lesson at no charge to the Client. If the Client is unable to attend the make-up lesson or if Small Scholars Pty Ltd cannot offer a make-up lesson and needs to cancel a session, a full refund for that class will be issued to the Client.
Make-up class policy
If your child is unable to attend a class, Small Scholars Pty Ltd may (at its discretion) be able to offer a make-up class pending availability. We cannot guarantee there will be availability in preferred classes and/or within the same Term.
Illness Policy
Please do not bring your child to class if they are unwell or have COVID. This includes a runny nose, temperature, coughing, gastro symptoms or any other symptoms. If your child is unwell, teachers at Small Scholars Pty Ltd reserve the right to refuse to accept your child in the lesson and request they be taken home. This request can be made at any point during the lesson.
Student Conduct & Behaviour
In the course of attending lessons or otherwise using the Service, Students must not do anything that is unreasonably disruptive or damaging to others or the Small Scholars Pty Ltd facility, environment and personnel. If your child breaches this rule, teachers at Small Scholars Pty Ltd reserve the right to request that they are removed from the class. This request can be made at any point during the lesson.
If Small Scholars Pty Ltd determines a student’s conduct is unreasonably disruptive or damaging to others or the Small Scholars Pty Ltd facility, environment and personnel, we may terminate this Agreement and enrolment in other classes and services.
Limitation of Liability & Indemnity
In no event will Small Scholars Pty Ltd be liable for any direct or indirect damages arising out of access to or use of its tutoring services beyond its service fee received from clients. As a condition of use of this service, Client agrees to indemnify Small Scholars Pty Ltd from and against any and all liabilities, expenses (including legal fees) and damages arising out of or related to the carrying out of the tutoring by a Teacher introduced by Small Scholars Pty Ltd. You agree to fully indemnify and hold Small Scholars Pty Ltd (and our employees) harmless against any expenses, costs, loss or damage (including consequential loss) that Small Scholars Pty Ltd may suffer or incur as a result of or in connection with your or the Student’s use of the Service and any breach by you or the Student of this Agreement.
Authority to Enter Agreement
You warrant that you have full authority and entitlement to enter into this Agreement as the legal parent or guardian of a Student to whom the classes and Services will be provided.
No Warranties
Small Scholars Pty Ltd makes no promises or warranties with regards to a Client’s performance as a result of any tutoring provided. While we will prepare your child academically to the best of our ability, we are not liable, nor can we guarantee any performance increase within any learning task.
Modification & Amendments
Small Scholars Pty Ltd reserves the right to amend this Agreement when necessary. Amendments will be effective immediately upon publication on the Website and will apply to all transactions occurring and agreements entered following such publication. Your continued use of the Service following such notification will represent an agreement by you to be bound by this Agreement as amended.
Entire Agreement
This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged.
Severability
If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.
Additional Acknowledgements
Both parties acknowledge and agree that: (a) the parties are executing this Agreement voluntarily and without any duress or undue influence; (b) the parties have carefully read this Agreement and have asked any questions needed to understand the terms, consequences, and binding effect of this Agreement and fully understand them; and (c) the parties have sought the advice of an attorney of their respective choice if so desired prior to signing this Agreement.
Copyright, Trademarks & Intellectual Property
Copyright in all information and other materials used within (including information and its arrangement) are owned by Small Scholars Pty Ltd. All rights are reserved. Copyright in materials provided through the Service is either owned by Small Scholars Pty Ltd or licensed (whether explicitly or implicitly to us).
Except as permitted under applicable laws, no part of their services may be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purpose without the express written consent of Small Scholars Pty Ltd. You may imprint, copy, download or temporarily store extracts from their services for your personal information or when you use Small Scholars Pty Ltd products and services. You must not alter anything. In particular you may not use a part of this website on any other website, or link any other website to this website, without the express written consent of Small Scholars Pty Ltd.
Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised under such legislation by this Agreement, with Small Scholars Pty Ltd prior written permission or where you are the owner of copyright in the materials in question, you may not in any form or by any means reproduce, copy, 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 materials Small Scholars Pty Ltd provides or make available in the course of providing the Service, or any substantial part thereof. Such materials are licensed to you/the Student for personal, private, non-commercial use only.
Any resources given to the Client by an employee of Small Scholars Pty Ltd should not be shared with other students who do not attend lessons with Small Scholars Pty Ltd. Instead, they should be kept to the benefit of the Client.
The brands “Small Scholars Pty Ltd”, including any logo version of that trademark, belong to Small Scholars Pty Ltd and may not be used by you without Small Scholars Pty Ltd prior written consent.