Terms and Conditions
Terms and Conditions of Use
Last updated 09 December 2022
When you use our website, book a service or purchase access to a product, you agree to the use of cookies, our privacy policy and the following terms and conditions.
Booking a Service:
Terms of Booking:
1.1) All services must be booked with a minimum of 24 hours' notice to the tutor. Clients may request appointment times through the relevant service; however, this can be denied by the tutor at any time. All clients must book through the website to secure their appointment time, or they can request the tutor to book on their behalf. In this case, the client will receive an invoice to be paid in full at least 24 hours prior to the booked session time (note that clients with active pricing plan subscriptions will not receive individual invoices). Failure to pay the invoice on time may result in a cancellation of the booking. Note that bookings are not reserved until they have been paid in full. Clients are expected to account for any time differences of the bookings when they have requested a tutor to manually book on their behalf and arrive to sessions on time and with the relevant materials. If a session is cancelled by either party, the tutor will rebook the session at the next available appointment by default. The client may elect to modify the time of this appointment if it does not fit with their schedule; however appointments remain subjected to the tutor's availability and can be denied.
Being Unprepared:
1.2) Any students who come to class unprepared can still move forward with their session at their own detriment. Tutors will not make up any time lost for the client's lack of organisation or preparedness. Likewise, the tutor will not make up for any time missed in the session if the client arrives late to the meeting, for whatever reason. Clients should always read the details of their session in their email notification and arrive at the designated time (this includes misunderstandings of time zone differences).
Starting Classwork Early:
1.3) The client is strictly not to complete any classwork sent to them for their booked session ahead of time under any circumstances. Class materials are to be completed with the tutor. If the client fails to adhere to this, they forfeit their session without a refund (for a pricing plan, they forfeit the session entirely with no make-up session available) and the tutor will end the session immediately. This will strictly not be tolerated. You should only complete work before class (i.e. pre-readings) when explicitly specified by the tutor.
Refund Policy:
2.1) We do not offer refunds on access to digital products purchased from our shop, due to the nature of these products. Once access to a product has been purchased, you forfeit your right to obtaining a refund. We do offer refunds on some services, provided that you meet the relevant criteria. You may obtain a refund for any individually-booked session that you decide to cancel and do not wish to reschedule. To be eligible for a refund, the session must be cancelled with at least twenty-four hours' notice in advance of the session start time, as per our cancellation policy. If you fail to meet this criteria, you may only receive a partial refund at the discretion of the tutor. Likewise, if you have booked one of our services and are unresponsive to all communication from us on the lead-up to your session, we will consider this a cancellation and no refund will be initiated. Every effort will be made to contact you before this happens. If we have not received any reasonable communication from you at twenty-four hours before your booked appointment, it will be cancelled and you forfeit the right to any refund or makeup session. You will be notified of the cancellation at such a time and beyond this point are not eligible to receive a refund; even if you choose to contact us after this point in time.
Please continue reading through the following terms and conditions to learn more about refunds on specific services.
Cancellation Policy:
3.1) All appointments must be cancelled with a minimum of twenty-four hours' notice. Failure to cancel within this time period may result in an outstanding fee, which will be deducted from your refund. Clients booking through a prepaid pricing plan subscription who fail to provide the sufficient notice will have their session deducted from their overall plan and will not be awarded a makeup appointment.
Services become non-refundable once your appointment has commenced. This remains true even if you don't attend your appointment.
In the unlikely event that Australia Top Tuition must cancel or reschedule a meeting with you, we will always call, email or message with appropriate notice, alerting you to the change. At that time, we will also find a suitable alternative for both parties.
Pricing Plans:
Please read the terms and conditions stipulated here prior to purchasing your plan. You agree to these when purchasing your plan.
Cancelling a Plan/Change of Mind:
4.1) If you have a change of mind or wish to cancel once your plan has been purchased and/or sessions booked, you will need to cancel your plan with at least three days' notice prior to the commencement of your first booked session or within one week of purchasing your plan (whichever comes first). In this case, you will receive a full refund for your plan, minus the cost of a $50 administration processing fee.
If you fail to cancel your plan within three days of your first booked session or within a week of date of purchase, you will only be eligible for a partial refund as follows:
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Cancelling plan within 48 hours of booked first session = 60% refund minus cost of $50 administration processing fee
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Cancelling plan within 24 hours of booked first session = 40% refund minus cost of $50 administration processing fee
If you have not yet booked your first session and have simultaneously failed to cancel your plan within a week of purchase, you are subjected to the following conditions:
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Plan cancelled after two weeks from date of purchase = 50% refund minus cost of $50 administration processing fee
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Plan cancelled after three weeks from date of purchase = 40% refund minus cost of $50 administration processing fee
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Plan cancelled after four weeks from date of purchase = strictly no refund.
The notice you provide directly correlates to the amount refundable to you. If you wish to cancel your plan after starting your tutoring program/sessions, you may receive a limited refund at the discretion of the tutor. The refunded amount will not be representative of the number of remaining sessions in the plan, nor the value of the individual sessions and also depends on any additional benefits you received as part of your overall plan.
For example: If a client were to purchase the Diamond Plan, complete 3 tutoring sessions and then change their mind and request a refund, they are not entitled to receive a refund representative of the 15 sessions they have not yet completed. This is because the Diamond Plan comes with extra benefits and products which cannot be returned to Australia Top Tuition and will remain in the consumer's possession, and therefore the client will not be refunded for these.
Your tutor will refund you the correct amount specific to your plan, sessions completed and any relevant benefits. The offered refunds are non-negotiable.
In the unlikely event that Australia Top Tuition cancels your plan, regardless of the reason for doing so, they will reimburse the client the value of the remaining sessions left in the client's plan at the same rate of which the client originally purchased.
Diamond Plan Additional Conditions:
4.2) When booking a Diamond Plan, it is essential that the client recognises that the tutor's workable hours can only be extended so far. Please note that the client must have a reasonable availability and that in booking this plan they are not entitled to make a booking for any time or date. They may request a booking outside of hours within reason and at a time suitable to the tutor.
Failing to book in advance:
4.3) Bookings for all pricing plans should be made in advance to avoid missing out on the desired appointment time. If the client fails to book in their total amount of sessions before sitting their LANTITE exam and the tutor does not have the availability to meet with them in this time due to the client booking on late notice, clients will not be entitled to a refund under any circumstances. It is entirely the responsibility of the client, customer or consumer to book sessions well in advance and (if completing a Diamond Plan) at a reasonable hour suitable to the tutor. The tutor takes no responsibility for the client's limited availability and the client agrees to these terms and conditions upon booking. By purchasing any plan, clients agree that they have a degree of flexibility to their schedules and can commit to tutoring. If clients book their plan and their schedules change in a way that decreases their availability, and as a result the tutor is no longer able to meet with them, they forfeit their right to a refund. The tutor is not liable to changes in the client's schedule which affects the original standing agreement. Likewise, should the client choose to prolong the booking process in any way (e.g. booking remaining sessions in the month prior to sitting their LANTITE test) and cannot find any available appointments to meet with their tutor as a result, the tutor accepts no liability and no refund will be issued. Failure to acknowledge or adhere to the above is to the detriment of the client, customer or consumer and they forfeit any payments made.
If you are unresponsive:
4.4) If you have purchased a pricing plan and are unresponsive to all communication from us for at least two weeks (from date of purchase of your plan, excluding any periods where Australia Top Tuition is not operating their services), we will consider this an immediate cancellation, even if you choose to contact us after the two week period. The following conditions will then apply:
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The client must contact Australia Top Tuition to lodge a refund, should they want one. The client in question will have 7 days (one week) from the time of their immediate cancellation to contact Australia Top Tuition for a refund. If the client fails to request a refund within this 7 day period, the client forfeits their right to any refund whatsoever.
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If the client contacts Australia Top Tuition for a refund within this 7 day period, they will receive a 50% refund on their plan, minus the cost of a $50 administration processing fee.
Every effort will be made to contact you before the immediate cancellation is made effective.
Expiry Dates & Holiday Periods:
4.5) Pricing plan expiry dates are firm and will not be adjusted to cater for any personal circumstances, misunderstandings or other. Take note of your plan's expiry date and know that you are strictly not entitled to receive any benefits from your plan beyond this date, even if you have not completed all of the available sessions in your plan. It is entirely the responsibility of the customer, client or consumer to ensure that they have booked the correct dates and times in advance, arrive to sessions at these designated times, and follow the requirements of our cancellation policies.
Likewise, the client must take into consideration any holidays, closed periods or days where Australia Top Tuition is unavailable when purchasing their plan, as these closed periods do not entitle clients to an extended subscription under any circumstance. Clients are advised to read the website calendar to ensure that they can book their sessions within the times Australia Top Tuition has available.
Clients must also be aware that immediate cancellations, refunds and all other conditions specified in this section apply at ALL times, even over holidays and extended periods of time when Australia Top Tuition is closed or unavailable.
Prior to purchasing a plan:
4.6) Any students signing up for a pricing plan must purchase, complete and submit Initial Tests for assessment, and sign and agree to the Plan Agreement Form. These tasks are mandatory and tutoring cannot begin until they have been completed. It is recommended that clients wait to purchase their plan until after a consultation with the tutor and completion of their Initial Test. Any student who has purchased a plan prior to these tasks is still strictly subjected to all of the conditions as stipulated above.
Shop Products:
5.1) When checking out with a digital product in your cart, you are purchasing ACCESS to this product only (not the product itself). This means that you are unable to share, download or print the product. You may open and view the product online as many times as you like and you will have access to the product as long as Australia Top Tuition is operating and in business. Once you have made your purchase, you will be sent a link from our Google Drive account providing you access to the product. Please enter the email address at checkout from which you wish to receive this information from.
Before finalising a product purchase, you MUST provide an active and designated email address under "Add a Note" at checkout. Once your purchase is complete, you will be granted access to the secure Google Drive link via the email address you provide us with at checkout. You can access your product there. No refunds or exchanges will be given once you have purchased access to a digital product from our shop. If you have neglected to enter your email address at checkout, you will need to email a copy of your proof of purchase and include your contact details so we can verify your identity and grant you access to your product. You will need to share your:
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Name (first and last)
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Date of purchase
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Email address
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Proof of purchase (emailed receipt or screenshot of proof of purchase)
Failing to do this means that you will not be granted access to the product or be initiated a refund. Once a purchase is made and you follow the Google Drive link, you will not be able to download, print or make any edits to the products. Note that you purchase access to a product, not the product itself. You will have access as a viewer and may open/view the files with unlimited access. You accept these terms and conditions upon purchasing. Our products are copyrighted and remain our sole academic property, and upon purchasing, you agree that you will not share or reproduce, in any shape or form, the contents of any of our products.
Consultations:
6.1) Private consultations incur a $10 booking fee. This fee will be refunded back to you once you have attended your meeting with us. If you do not attend your meeting within the 5-minute window, as per our cancellation policy, your booking fee cannot be refunded. It is your responsibility to arrive at your appointment on time. Please arrive at the time you scheduled (you do not need to account for time differences, as this is automatically adjusted to suit the zones of both parties). You may choose to reschedule with us if you miss your appointment, in which case you will need to pay the booking fee again. Please note that you agree to these terms and conditions upon booking this service.
If you have booked a private consultation and fail to attend the meeting without informing your tutor, we have the right to ban you from booking and attending all future services. We take our clients' time very seriously, and ask that you provide us with the same level of respect.
Homework and Materials:
7.1) When you book a pricing plan or individual session with us, you agree to the terms and conditions stipulated here. You agree that while Australia Top Tuition may occasionally provide you with homework and materials to complete and practise outside of your paid sessions, this is not a guaranteed practice. Australia Top Tuition reserves the right to deny or provide homework. You are responsible for managing your own education and, as such, should continue to refine your study outside of sessions with us. Tutoring is supplementary and should be supported by your own efforts outside of class. The tutor is not responsible for offering you a fully-developed curriculum, though we do our best to share as much information as possible. This is ultimately your own responsibility. Likewise, any ACER queries (e.g. reasonable adjustments or special considerations) will need to be lodged to ACER. Australia Top Tuition is not a representative of the ACER Organisation and may not be able to provide support in these matters, though we will do our best to help you contact ACER with an enquiry if necessary.
All homework and materials are sent via our Google Drive account. The client must ensure they have a working Gmail account in order to receive these. Other email forms (e.g. hotmail, Yahoo, bigpond, etc.) may not be accepted. Please note that materials will only be shared to the primary email address you provide, and we cannot share any materials to a secondary email address. All materials shared to you are unable to be downloaded, edited, shared or other. These materials are open for viewing only, due to copyright law. If you need to complete homework, you will need to open a Word or Pages document on your computer, complete the homework, save this in PDF form, and make your submission. All homework submissions must be submitted as PDFs. Other file types are not supported.
7.2) Prior to attending your first session, you must have completed and submitted your Initial Test and Plan Agreement Form. Sessions cannot go ahead under any circumstances without these submissions. If we haven't received your completed test or signed form by the day of your first session, we will reschedule you to the next available appointment by default.
All mock exams not purchased individually by the client or customer will always be conducted in class. Exams included in pricing plans are not able to be completed independently. Exams conducted in class will be monitored by the tutor via share-screen.
Client-Tutor Relationship Agreement:
For the purposes of providing you with a clear understanding of these terms and conditions, we stipulate that the client-tutor relationship begins when you have booked your first session or consultation with us. You agree to the terms and conditions outlined here upon booking.
8.1) A working relationship is established once you have booked a consultation, are awaiting Initial Test feedback, have booked a plan or commenced your first session with us. It is important for you to note that while Australia Top Tuition is committed to providing you with the highest-quality tutoring possible, a contract between us (the service provider) and yourself (the client, customer or consumer) does not exist. We will always do our best to honour our commitments to you, but upon entering into a working relationship with you, we are not obligated to:
A) continue the relationship;
B) guarantee a specific mark, grade or result;
C) communicate with you outside of our published service hours.
When we have entered into a working relationship with you, the following conditions are expected to be fulfilled by both parties:
A) reserving all communication for business hours;
B) communicating reasonably, respectfully and in a civilised manner at all times;
C) arriving to meetings, appointments or sessions promptly and at their scheduled times, unless otherwise altered.
Ending the Working Relationship:
9.1) We reserve the right to cease and deny tutoring to you at any time. If we feel that you will no longer benefit from our services, or deem that the arrangement is no longer working for individual or both parties, we will terminate our working relationship with you. Although this rarely happens, and we take our commitment to you seriously, we must always prioritise the health, wellbeing and safety of our staff. No abusive, rude or antisocial behaviours will be tolerated, online or in-person. If you exhibit any of the direct behaviours outlined above, or behave in a way we deem disrespectful, we will take the appropriate actions in ending our relationship with you. We will always notify you at our earliest convenience when we no longer intend to continue the relationship, but reserve the right to cancel, deny and end sessions at any time. We will also terminate our working relationship with you, or refuse you service at any time, if we believe that we are not the right fit for your needs. This may mean that we deny tutoring during a consultation, before the working relationship begins, or during our relationship together at any point. Likewise, you are able to cancel the working relationship at any time. Please note that cancellation and refund policies still apply here.
Disclaimer:
10.1) By booking a service with us or purchasing a shop product, you agree to all of the above terms and conditions. You also agree that our service does not guarantee any academic success; rather, we work to the best of our ability to help improve your academic standing. If you undertake any tuition with us, regardless of the form (sessions or shop products), and do not pass an exam, assignment, test or other academic assessment, you will not be refunded for any assistance you may have acquired with Australia Top Tuition. We cannot guarantee a passing mark or certain grade for any subject or exam, and you agree to these terms and conditions when booking and purchasing with us. We will not be held responsible for any result you may or may not achieve. Any content given to you by Australia Top Tuition is protected under a strict copyright and cannot be shared with any third party. Those found to be sharing or circulating products or any other content will be banned from obtaining any future services and may have legal action taken against them.
Some of our terms and conditions may change in the future. If you have provided your email address with us, we will contact you to let you know what these changes are and when they will be implemented.