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 fees that have been paid by students/parents (‘You’ or ‘you’) to Cluey Learning Pty Ltd (‘Cluey’).
3. Background
Cluey offers two payment methods to pay for tutoring fees:
- Pay as you go – payment for tutoring services is processed six days prior to the usual scheduled session.
- Pre-paid bundle – a package of weeks purchased upfront for a discount. Pre-paid bundles are not refundable other than under clause 4 of this Policy.
Cluey offers two services:
- One-to-one tutoring programs (‘Individual Learning’) and;
- Small group tutoring programs (between two and five students) (‘Group Learning’).
If you are enrolled in Individual Learning and pay-as-you-go:
- You will be charged for your first week at the time of enrolment.
- You will be charged for future tutoring services on a weekly basis (or multiples of weeks if requested) for any sessions booked in the upcoming week.
- The fees related to discounted sessions are non-refundable.
- If you cancel a scheduled tutoring session (other than the first two sessions):
- More than 2 days before the scheduled session, you can reschedule your session for a different time prior to your next session or request a full credit.
- The day before the scheduled session, you can reschedule for a different time before your next session, or you will lose AUD $40 of the fee.
- The same day as that session is scheduled, (excluding the hour before your session – see below), you may reschedule your session for another time prior to your next session to avoid losing the fee, and no credits apply.
- Less than 1 hour before the scheduled session or fail to appear for a session, you will not be entitled to reschedule that session, nor are you entitled to a credit.
- We'll refund any credits in your account should you decide to cancel your Cluey account.
If you are enrolled in Individual Learning and pay via a pre-paid bundle:
- If you cancel a scheduled tutoring session (other than the first two sessions):
- More than one hour before the scheduled session, you can reschedule your session for a different time prior to your next session. You are not entitled to a credit.
- Less than one hour before the scheduled session or fail to arrive for a session, you are not entitled to reschedule that session, nor are you entitled to a credit.
- Pre-paid bundles will be automatically renewed the week prior to your last paid week. You must provide seven days’ notice to move to pay as you go.
If you are enrolled in Group Learning and pay-as-you-go:
- You will be charged for your first week at the time of enrolment.
- You will be charged for future tutoring services on weekly basis (or multiples of week if requested) for any sessions booked in the upcoming week.
- The fees related to discounted sessions are non-refundable.
- More than 2 days before the scheduled session, you can request a full credit or request to change group times (subject to availability and scheduled group times).
- More than 1 day before the scheduled session, you can request a partial credit of AUD $10 or request to change group times (subject to availability and scheduled group times).
- If you miss a session or can’t make an upcoming session, no credit is available if less than 1 day’s notice is provided. You can still access recordings for any missed sessions.
- You may cancel a scheduled tutoring session up to seven days before the scheduled session at no charge (noting that where you have elected to pay via a pre-paid bundle, no credit is available).
- We'll refund any credits in your account should you decide to cancel your Cluey account.
If you are enrolled in Group Learning and pay via a pre-paid bundle:
- If you cancel a scheduled tutoring session (other than the first two sessions):
- More than 2 days before the scheduled session, you can request to change group times (subject to availability and scheduled group times). You are not entitled to a credit.
- If you miss a session or can’t make an upcoming session, no credit or option to move group times is available if less than 2 days' notice is provided. You can still access recordings for any missed sessions.
- Pre-paid bundles will be automatically renewed the week prior to your last paid week. You must provide seven days’ notice to move to pay as you go.
Requests for credits outside of the above criteria will only be considered by Cluey under exceptional circumstances and 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 credit or refund request
Should you wish to request a credit or refund, please contact Cluey Customer Support https://clueylearning.com.au/support/.