Success Tutoring Membership Policy
Success Tutoring Membership Policy
Last updated on 7th of February 2022
By submitting your enrolment, You confirm that You have read and understand these Terms. Notwithstanding this, we again remind You of the following:
a. You understand and agree to the cooling off and cancellation policies as set out in clauses 5 and 12.1 respectively. Furthermore, You acknowledge that You may not cancel Your membership during any freeze period;
b. You agree to the payment of the Membership Fee to Success Tutoring, by way of direct debit from Your Billing Account, in the amount and frequency as set out in Your Membership Agreement;
c. You understand that Success Tutoring may restrict, suspend or terminate Your membership for any of the reasons set out in clause 12.4.
1.1 For the purposes of this Agreement, the following definitions have the corresponding meanings:
a. Application Form means the form signed, completed via phone or electronic means completed by or on behalf of the Member relating to the application for membership as contemplated by this Agreement which requires the Member to provide relevant details of themselves and their children to Success Tutoring (including the Member’s and child(s) personal information such as name, address, school, contact details and payment information);
b. Billing Account means the account nominated by You on the Application Form which Membership Fees will be debited.
c. Success Tutoring means Success Tutoring Australia Pty Ltd ACN 73 642 779 735 of 100 Barangaroo Ave Level 35, Tower One Barangaroo, International Towers, Barangaroo NSW 2000 and includes the Success Tutoring Franchisee either listed on your Application Form or in relation to the Success Tutoring Centre you visit, and includes their heirs, agents, representatives, officers, directors, shareholders, employees, contractors, heirs, successors and assignees;
d. Success Tutoring Franchisee means the franchisee who owns or operates the Success Tutoring Centre You access pursuant to this Agreement;
e. Success Tutoring Centre means any Success Tutoring Centre Your membership entitles You to visit;
f. Direct Debit Request means the document permitting the third party payment provider to provide the direct debit facility in respect of payment of the Membership Fee from Your Billing Account;
g. Home Centre means the Success Tutoring Centre where You joined as set out on Your Application Form;
h. Member means a member of any Success Tutoring Centre, and for the purposes of this Agreement, includes references to You and includes the parent or guardian of a Member if the Member is under 18 years of age;
i. Membership Fee means the amount/s payable pursuant to this Agreement as specified in the Application Form, which for the avoidance of doubt may increase or decrease by written notice to You, in Success Tutoring’s discretion acting reasonably;
l. Membership Freeze Fee means the amount of $5.00 per week.
j. Membership Freeze means a period of up to four (4) weeks to be taken in minimum one (1) week periods, during an annual period in respect of each Member, such annual period applying from the anniversary of the Member entering into this Agreement.
l. Terms means these terms and conditions.
m. You and Your means the person specified in the Application Form.
2. Application of Terms
2.1 These Terms together with the Application Form in which these Terms are attached or in which these Terms are referred and the Direct Debit Request together make up a legally binding agreement (“the Agreement”) between Success Tutoring, the Success Tutoring Franchisee and the Member. This Agreement is binding on the Member by signing and returning the Application Form to Success Tutoring or the Success Tutoring Franchisee or otherwise accepting these Terms by any other electronic means.
2.2 You agree that prior to submitting the Application Form, You have read and agreed to these Terms.
2.3 You acknowledge and agree that You have not relied on any representations made to You prior to or at the time of entering into this Agreement.
3.1 A Member’s membership commences on the date that the Member enters into this Agreement, or in the case where a Member signs up to a new Success Tutoring Centre that is not yet trading, on the date of opening of that new Success Tutoring Centre.
3.2 Members are not entitled to transfer their membership unless as otherwise set out in this Agreement.
3.3 To the extent permitted by law, Members acknowledge and agree that Membership Fees are non-refundable, including for the avoidance of doubt, instances of non-usage by the Member.
3.4 Members must ensure that their contact details, including Billing Accounts, are current at all times and must notify Success Tutoring of any change to Members’ details.
3.5 Members may at any time, on giving one (1) weeks’ notice, request a Membership Freeze, in which case the Membership Fee will reduce to the Membership Freeze Fee.
3.6 Members may not cancel their membership at any time during a Membership Freeze.
4. Membership Fee
4.1 By entering into this Agreement You agree to pay all Membership Fees for the respective period in advance.
4.2 You acknowledge and agree that Success Tutoring operates a cashless business, with payment of the Membership Fee to be made by way of direct debit from Your Billing Account. You further acknowledge and agree that Success Tutoring uses Stripe as a third party direct debit billing provider and You will be required to complete the Direct Debit Request to allow deductions from Your Billing Account when entering into this Agreement.
4.3 The Direct Debit Request will continue until Your membership is terminated or cancelled in accordance with the terms of this Agreement. For the avoidance of doubt the authorisation given under the Direct Debit Request will continue following any assignment or transfer of this Agreement from Your Home Centre to Success Tutoring or any other Success Tutoring Franchisee.
4.4 You consent to Success Tutoring providing Your personal information to Stripe. Furthermore, You also acknowledge and agree that Success Tutoring may change its third party payment provider during the term of this Agreement. In the event the payment provider changes, Success Tutoring or the current payment provider may assign or novate the Direct Debit Request to a new payment provider in which case You consent to Success Tutoring or the current payment provider providing Your personal information to the new payment provider.
4.5 Success Tutoring may recover from You any merchant or other fees Success Tutoring may incur as a result of any costs incurred by or charged to Success Tutoring as a result of any method of payment by You of the Membership Fee.
4.6 Success Tutoring reserves the right to charge You a reasonable processing fee being the reprocessing fee in the event of dishonour of Your direct debit or any failed payment. Furthermore, Members will not be permitted to book any classes at the Success Tutoring Centre unless and until all outstanding Membership Fees together with any fees incurred by Success Tutoring are paid up to date.
4.7 You must not do anything that will result in the closure or cancellation of the Billing Account without taking appropriate steps to update Your Billing Account with Success Tutoring. You will remain liable to Success Tutoring for any unpaid Membership Fees or any additional fees incurred by Success Tutoring in this regard.
5. Cooling Off Period
5.1 All new memberships are subject to a cooling off period of 10 days. For the avoidance of doubt, the cooling off period does not apply to any renewals or transfers of memberships.
5.2 A request for termination of membership during the cooling off period must be made in writing and issued to Success Tutoring.
5.3 For any membership terminated validly during the cooling off period, Success Tutoring will refund to You the total of all Membership Fees less any reasonable fees actually incurred by Success Tutoring and classes used by You during the cooling off period on a pro-rata basis.
7. Class Bookings and Cancellation
7.1 Class spaces are limited and must be pre-booked via phone or online to reserve a space.
7.2 Classes can be pre-booked in advance to the class and closes 15 minutes prior to a class commencing unless the class is cancelled.
7.3 If You pre-book a class and fail to cancel or attend without giving adequate notice to Success Tutoring to re-allocate the booking or otherwise provide sufficient reasons for failing to attend (in Success Tutoring’s discretion acting reasonably), You may be charged a “no-show fee”, which will be not more than the cost of a class, which You acknowledge is fair and reasonable.
7.4 Cancellations on pre-bookings can be done up to three (3) hours before an afternoon class or up to eight (8) hours for a morning class to avoid a no-show fee.
10. CCTV Surveillance
11.1 Success Tutoring is not liable to You for any property that is lost, damaged or stolen while in a Success Tutoring Centre, irrespective of whether such property was placed in any storage facilities that may be allocated.
11.2 In circumstances where You cause damage to the Success Tutoring Centre, You will be liable to Success Tutoring for the cost incurred for such repair or replacement.
12. Termination and Cancellation
12.1 You may terminate Your membership at any time on the provision of two (2) weeks’ notice in person to Success Tutoring (or by written notice in exceptional circumstances as determined by Success Tutoring acting reasonably) and You will no longer incur any financial obligations after the expiration of that period. You may continue to visit Success Tutoring Centres for any period that You have paid in advance but will cease to have access once that pre-paid period expires. You may be required to complete any forms reasonably required by Success Tutoring to confirm cancellation of your membership.
12.2 If Your request for termination is for reason of permanent sickness or physical incapacity, You may immediately terminate Your membership on written notice together with a medical certificate evidencing such permanent sickness or physical incapacity.
12.3 Any unused Membership Fees will be reimbursed to You in circumstances where You terminate Your membership pursuant to clause 12.2.
12.4 Success Tutoring reserves the right to immediately restrict, suspend or terminate Your membership upon verbal or written notice to You in circumstances where:
a. You have breached any provision of this Agreement
b. You have failed to make payment of any Membership Fees or any other fees payable under this Agreement;
e. Your Home Success Tutoring Centre closes and a suitable replacement Success Tutoring Centre is not available for the transfer of Your membership.
12.5 In the event that Your membership is terminated in accordance with clause 12.4, termination will be effective from the date notice is provided to You. You will remain liable for all financial obligations until that date.
12.6 Upon termination of Your membership, You will no longer be permitted to access any Success Tutoring Centre. Any monies outstanding remains immediately due and payable. You authorise Success Tutoring to deduct the amount outstanding from any refund which may otherwise be payable to You. If there is a shortfall, You must pay the balance of the amount owing immediately.
12.7 Termination or expiration of this Agreement is without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.
13. Release and Indemnity
13.1 Success Tutoring acknowledges that the Australian Consumer Law contains certain guarantees for the supply of goods or services that cannot be excluded, restricted or modified by this Agreement. Nothing in this Agreement is intended to exclude or restrict the application of such laws.
14. Applicable Law
14.1 The parties expressly agree that this Agreement will be governed by and interpreted in accordance with the laws of the State or Territory of Australia where the Member has their primary place of residence. The parties submit to the jurisdiction of the relevant State or Territory courts.
15. Privacy and Collection of Personal Information
15.1 Success Tutoring may collect and use Members’ personal information for the following purposes including without limitation:
a. to process and administer Your dealings as a Member;
b. to provide You with the Learning Material and assisting You with further relevant information; and
c. to administer the transactions contemplated by this Agreement, including but not limited to processing any direct debit requirements with any third party payment provider.
15.2 Success Tutoring will generally:
a. use personal information provided to it for the purposes relating to these Terms;
c. not sell, trade, give or pass on to any third party any personal information unless such a disclosure is contemplated by and directly related to the purpose outlined by these Terms, or the Member consents to such a disclosure or such disclosure is required by law.
15.3 You authorise Success Tutoring to disclose Your personal information to third party contractors and service providers that assist Success Tutoring to operate its business.
15.4 Success Tutoring relies on the Member to ensure that the personal information provided to Success Tutoring is current and accurate. Members may find out what personal information Success Tutoring holds about them and, where necessary, may correct any errors in this information (some restrictions and costs may apply).
15.5 You consent to Success Tutoring collecting, using and disclosing the personal information provided to the Success Tutoring on these Terms.
16.1 All amounts payable in relation to this Agreement are expressed to be inclusive of GST. If GST is payable on a taxable supply as defined in A New Tax System (Goods and Services Tax) Act 1999 then the amount payable by the Customer for that taxable supply will be the amount expressed plus GST.
17.1 Failure by Success Tutoring to enforce or delay in enforcing any right or provision of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed by Success Tutoring in writing.
18.1 Success Tutoring may at any time in its reasonable discretion assign this Agreement to any party as contemplated by this Agreement.
19. Variation of Terms and Conditions
19.1 Success Tutoring reserves the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting the membership, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements or any other reason determined by Success Tutoring acting reasonably.
20. Electronic Communications
20.1 In addition to delivery in person, the parties agree to communicate via email or other electronic communication. Success Tutoring accepts no liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of any electronic transmission, access to, or the use of the website or any information contained therein (including for the avoidance of doubt, any viruses, malicious computer code or other forms of interference which may damage Your computer system). You agree to take Your own precautions to ensure that submitting and receiving electronic communications does not expose You to risk and contains appropriate protection to prevent damage to Your computer system caused by viruses, malicious computer codes or other forms of interference.
21. Promotion and media
21.1 In consideration of Success Tutoring granting You a membership, You:
a. acknowledge and agree that photographs or audio or video recordings containing the image, voice or likeness (Recordings) of You or your children may be taken, captured or made by Success Tutoring or any officer, director, employee, agent, subcontractor or volunteer of Success Tutoring (Personnel);
b. give unconditional and irrevocable consent for Success Tutoring and its Personnel to use the Recordings of You or your children and any information previously provided by you to Success Tutoring (including any photographs or other content) (Content) in perpetuity without restriction as to changes or alterations, and to disclose any of your personal information that is contained in any Recording or Content, to any person (including via social media) and via any medium for the purpose of promoting Success Tutoring or any other purpose Success Tutoring reasonably requires;
c. acknowledge and agree that you are not entitled to any remuneration, royalties or any other payment from Success Tutoring in respect of the use of any Recordings or Content;
d. acknowledge and agree that as between yourself and Success Tutoring, Success Tutoring is the sole legal and beneficial owner of all intellectual property rights in and attaching to any Recordings and consent on an irrevocable, worldwide and perpetual basis, to the infringement of all moral rights you may have in and to any such Recordings; and
e. acknowledge and agree that Success Tutoring may assign or transfer the benefit of the consent given under this clause 21.1 to any person.
22.1 If any part of these Terms (including any provision, part, paragraph, phrase or word) is illegal, invalid or unenforceable it will be read down so far as necessary to give it a valid and enforceable operation or, if that is not possible, it will be severed from these Terms, but the remaining provisions will remain in full force and effect.
22.2 In these Terms, unless the contrary intention appears:
a. a person includes a corporation, unincorporated association, partnership, joint venture or public, statutory or governmental association or agency;
b. a statute or regulation includes an amendment, replacement or re-enactment of that statute or regulation;
c. a reference to dollars is to Australian Dollars;
d. the word “including” and similar expressions are not words of limitation;
e. a reference to conduct includes any omission and any statement or undertaking, whether or not in writing; and
f. where an act is to be performed on a day that is not a Business Day, the act will be required to be performed on the following Business Day.
22.3 Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by facsimile, post or email to the party to whom such notice is intended to be given, at the address, facsimile number or email address of that party in the Application Form or to such other address, facsimile number or email address as may from time to time be notified in writing to the other party.
22.4 These Terms contain the entire agreement of the parties with respect to its subject matter and may only be amended in writing.
22.5 These Terms do not create a relationship of agency, partnership, joint venture or employment between the parties. Neither party has any authority to act for or incur any liability or obligation on behalf of the other party in any manner.