Refund Policy and Procedure

1. Introduction

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/parents (‘You’ or ‘you’) to Cluey Learning Pty Ltd (‘Cluey’).

3. Background

Cluey offers two services:

  • One-to-one tutoring programs (‘Individual Learning’) and;
  • Small group tutoring programs (between two and four students) (‘Group Learning’)

If you are enrolled in Individual Learning:

  • You will be charged for your first tutoring session in advance. This fee is non-refundable. 
  • You will be charged for all subsequent scheduled tutoring sessions the day prior to the date of that session.
  • You may cancel or reschedule a scheduled tutoring session at any time up to 48 hours before the scheduled session at no charge.
  • If you cancel or reschedule a tutoring session on the day of, or the day before the tutoring session was scheduled, you will incur the full tutoring session fee.
  • If you fail to arrive for a scheduled tutoring session at the scheduled time, you will incur the full tutoring session fee.

If you are enrolled in Group Learning:

  • You are required to pay for your tutoring sessions in advance, subject to the relevant instalments that may be applicable to each learning program.
  • You may only cancel or reschedule your tutoring sessions provided you do so at least 48 hours prior to commencement of the learning program.
  • Post commencement of the learning program, you are not entitled to any refund should you wish to cancel or reschedule a tutoring session.

Requests for refunds outside of the above criteria will be considered by Cluey on a case by case basis.

4. Policy

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 the guarantee 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 provide the services that Cluey and you agreed to; and
  • delivered within a reasonable time frame of the scheduled session time/s.

Cluey is legally obliged to provide 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 you from buying it if they had known about it; or
  • is substantially unfit for its purposes and cannot easily be fixed with a reasonable time; or
  • does not meet the specific purpose that it was intended for and cannot easily be fixed within a reasonable time period.

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 tutoring session, or part of a tutoring session.

4.2 Procedures for refund request
You are required to raise a request for refund through the Cluey complaints process which triggers an “informal complaint” which is investigated by a separate Cluey team authorised to process a refund or provide other remedies.