Refund Policy and Procedure
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’).
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.
4.1 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.