The Australian Consumer Law sets out consumer rights that are called consumer guarantees. These include your rights to a repair, replacement or refund where a product or service you buy fails to meet our consumer guarantee.
2. PURPOSE AND SCOPE
This policy applies to the refund of tutoring session fees that have been paid by students of Cluey Learning Pty Ltd (‘Cluey’).
Cluey does not require payment of course or program session fees in advance, each scheduled session is charged the day prior to the date of the session. The student or parent can cancel or reschedule a scheduled tutoring session at any time up to 48 hours before the scheduled session for no charge. The day before the scheduled tutoring session, Cluey will confirm with the Tutor that the session will proceed and will charge the student / parent for the tutoring session fee. Cancellation or rescheduling of the scheduled session by the student or parent on the day of or the day before the scheduled tutoring session will incur the full tutoring session fee as the Tutor has been confirmed and will be paid for the session regardless. There will also be no refund where a student fails to turn up for an online session at the scheduled time.
Requests for refunds for a tutoring session that does not meet the quality requirements will be considered by Cluey on a case by case basis.
4.1 Cancellation where there is a failure in delivery of a session
Under the Australian Consumer Law, the tutoring sessions offered by Cluey come with guarantees that they will be:
- provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage
- fit for the purpose or give the results that Cluey and the student agreed to
- delivered within a reasonable time frame of the scheduled session time
Cluey is legally obliged to provide a student with a full refund if requested where there is a ‘major failure’ of one or more of the guarantees. A major failure occurs where the service:
- Has a problem that would have stopped the consumer from buying it if they had known about it
- Is substantially unfit for its purposes and cannot easily be fixed with a reasonable time;
- Does not meet the specific purpose that the student asked for and cannot easily be fixed within a reasonable time.
If the failure that has occurred is not a major failure but is still a failure on the part of Cluey, Cluey is required to rectify the failure. This might involve, but is not limited to, rescheduling a session, or part of a session.
4.2 Procedures for refund request
The customer must raise a request for refund through the complaints process which triggers an “informal complaint” which is investigated by separate team within Cluey authorised to process a refund and well as other remedies.