These terms and conditions are between we, us or our (F HARROUK & S NAJMEDDINE t/a Rocket Readers ABN 12 537 434 771) and you, the person accepting these terms and conditions.

ACCEPTANCE AND SERVICES

We provide the tutoring services set out on our Site (Services) through our Personnel in accordance with these Terms and in consideration for your payment of the Price.
You accept these Terms by making a payment of the Price or by ticking a box online indicating your acceptance of these Terms.

BOOKINGS AND PAYMENT

The Site sets out in more detail the Services we offer, including the number of tutoring sessions (Sessions) in a term, the locations at which we provide the Services (Location), and the dates and times of each Session.
You agree to pay us the Price at the time of booking the Services, and doing so creates a Booking. All amounts are stated in Australian dollars and any applicable GST will be set out separately. We offer payment via our third party payment processor, Stripe. By making payment through a third party payment processor, you may be required to accept Stripe’s terms and conditions.
After you have made a Booking we will send you a welcome letter and a resource pack and we encourage you and your child to read through the materials to prepare for the first Session.

PHOTOGRAPHS

Unless you otherwise notify us in writing, you agree that we may take photographs of your child during the Sessions, and use those photographs on our website, social media platforms, and in other marketing material. You agree that all copyright in any photographs belongs to us.

YOUR OBLIGATIONS

Remote Learning:

While we endeavour to provide our Services face-to-face, you acknowledge and agree that, in certain circumstances, we may need to provide our Services online, and your child must have a suitable device (such as a tablet or computer) and a strong internet connection, so that they may attend and participate in the Sessions. We will aim to provide you with 24 hours’ notice where Sessions are held remotely.

Emergencies

We may be required to act if there is an emergency including, but not limited to, calling an ambulance. Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any costs that we may incur arising from or in connection with the emergency.

Start Time

Where the Session is taking place in-person, you agree that you will drop-off your child at the Location, at the start time of each Session. Where the Services are taking place online, you agree that your child will login to the Session (using the details we provide to you) at the start time of the Session.

Pick-up Time

Where the Session is taking place in-person, you agree that you (or an authorised person noted on your Booking or otherwise later communicated to us in writing and signed by you) will pick-up your child at the Location for the Session, promptly after the end of each Session. Anyone who is not you or an authorised person will not be permitted to pick-up your child. Your child will not be permitted to leave unattended.

Late Fees

You agree that if you are late to drop-off your child to a Session, or if your child does not attend a Session, you will not be entitled to a refund for any missed portion of the Session. Where you are late to pick-up your child at the end of a Session, we will be entitled to charge you and you agree to pay us an additional fee of $10 for each 15 minutes or part thereof after the pick-up time (Late Fee). We will invoice you for any Late Fee and you must make payment within 5 business days.

Illness

You agree that your child must attend a Session online if they are unwell, or suffering from a notifiable infectious or communicable disease as identified by the health department in Victoria. We may require that you provide a health certificate confirming that your child is not suffering from an infection or communicable disease. You agree that if we contact you to collect your unwell child, you or an authorised person will come as soon as possible to pick-up your child. If in our reasonable view, your child is unwell, or suffering from a notifiable infectious or communicable disease as identified by the health department in Victoria, we may not allow your child to attend the Session and we may cancel the Session for your child in accordance with these Terms (see under “Cancellation and Refunds”).

Accurate Information:

You agree that all information you provide to us is accurate, up-to-date and complete.

No Reliance

You represent, warrant, acknowledge and agree that you have not relied on any representations or warranties made by us in relation to the Services (including as to whether Services are or will be fit or suitable for your or your child’s particular purposes, or that your child will achieve any particular result from receiving the Services), unless expressly stipulated in these Terms.

Legal Guardian

If you are accepting these Terms as legal guardian for your child, you represent, warrant, acknowledge and agree that you are the child’s legal guardian, and are able to act on behalf of, and make decisions for, the child.

BEHAVIOUR POLICY

To ensure our Services are fun and enjoyable for everyone and that everyone is able to learn and engage in a safe, positive, and friendly environment, we expect your child follows our policies for standards of behaviour. For example, we do not accept bullying of any kind, your child disobeying instructions (especially safety instructions), inappropriate touching or inappropriate comments of any kind.

You understand that if your child does not meet those standards or otherwise demonstrates inappropriate behaviour, we have the right to warn your child, request you to pick up your child or cancel a Session or your entire Booking for your child. If we contact you to collect your child as a result of their behaviour, you agree to come immediately to pick-up your child. We will notify you of any behaviour that does not comply with our policies, and where appropriate provide warnings before any suspension or cancellation of a Session or your Booking (and terminate these Terms). A refund will not be provided if your child’s Session or Booking is suspended or cancelled due to your child’s behaviour.

You are fully responsible for the costs of replacing any damaged resources, tools or equipment where the damage was caused by your child.

CANCELLATIONS AND REFUNDS

Your Cancellation:

You may cancel your Booking by emailing us, identifying your Booking and requesting cancellation of your Booking in writing. Your Booking will not be cancelled until we provide confirmation of the cancellation of your Booking in writing.

Where you cancel your Booking:

  • more than 14 business days before the first Session in your Booking, we will refund you 100% of the Price for your Booking;
  • less than 14 business days before the first Session in your Booking, you will not be entitled to a refund of any part of the Price;
  • less than 7 business days before the first Session in your Booking with a medical reason and you provide a medical certificate for your child, we will, at our discretion, provide you with a credit note to reschedule the Booking. No refunds will be provided.

Where you cancel (or do not attend) a Session:

  • more than 24 hours before the start time of a Session, you may be offered a makeup-up Session, subject to availability and at our discretion;
  • less than 24 hours before the start time of a Session, the Session will be forfeited and you will not receive a refund for the Session;
  • less than 24 hours before the start time of a Session with a medical reason and you provide a medical certificate for your child, we will offer you a make-up Session, subject to availability and at our discretion.

No makeup Sessions are offered in any circumstances where the Session is a group Session.
You agree the above cancellation fees are a genuine pre-estimate of our loss.

Our Cancellation:

Due to unforeseen circumstances such as illness or a pandemic or government enforced lockdowns or shutdowns, you acknowledge that we may need to reschedule or postpone the Session dates. We may also need to reschedule Session dates if we do not receive a certain number of participants or for any other reason beyond our reasonable control. Where we need to reschedule one or more Sessions, we will notify you at our earliest convenience and we will reschedule within 6 months which you agree is within a reasonable time for re-scheduling. The Price paid for the original Booking will be used as a credit towards the new rescheduled booking. If we cannot reschedule within this period, we will cancel the Booking and we will refund the Price for the Booking. If you would like to cancel within the 6 month period where we need to reschedule, you may cancel by providing written notice and we will refund you the Price.

We reserve the right to terminate a Booking at any time where you have disclosed a medical, behavioural, and/or additional information to us which we determine, in our sole discretion, we are unable to safely manage. In such cases, we will cancel the Booking and we will refund the Price for the Booking or you may choose to reschedule the Booking within 6 months, provided that the medical, behavioural, and/or additional information you provide to us, is no longer valid and will no longer impact our ability to provide the Services. If you choose the option to reschedule the Booking, and you cannot reschedule the Booking within this 6 month period, we will cancel the Booking and we will refund the Price for your Booking after the 6 month period expires.

Termination Of These Terms:

Where a Booking is cancelled these Terms will also terminate. Your, or our, accrued rights, obligations and remedies are not affected by termination of these Terms.

COLLECTION NOTICE

We collect personal information from you or from third parties so that we can provide our services to you, answer any enquires you submit to us, deliver our website to you and for the purposes otherwise set out in our privacy policy, available on the Site. Please let us know if you have any questions regarding our privacy policy.

We may disclose this personal information to third parties, including Our Personnel that provide their services to us (including IT service providers, marketing and advertising providers and website analytics suppliers), if we are required to disclose personal information by law and as otherwise set out in our privacy policy. Where we disclose your personal information to third parties listed in our privacy policy, these third parties may store, transfer or access personal information outside of Australia. If you do not provide your personal information to us, you may not be able to use all of the features on our website and we may not be able to provide our services to you.

Our privacy policy describes further how we collect, store, use and disclose your personal information. It also describes how you can access and correct your personal information, how you can make a privacy-related complaint and our complaint-handling process.

By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our privacy policy.

YOUR STATUTORY RIGHTS

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

You agree that our Liability for the Services is governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Services) are provided to you without warranties, representations and guarantees of any kind.

LIABILITY

Exclusions:

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by (whether directly or indirectly): (1) any lost or stolen items unless due to our fraud or wilful default; (2) any information, documentation, instructions, specifications or directions given by you; (3) any event or circumstance beyond our reasonable control; and (5) any services, goods, work or materials that has not been provided by us.

Limitation Of Liability:

Despite anything to the contrary, to the maximum extent permitted by law (including subject to your rights under the ACL): (1) we will not be liable for any Consequential Loss; and (2) our maximum aggregate Liability in relation to the provision of the Services or these Terms will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the provision of the relevant Services to which the Liability relates.

GENERAL

Despite anything to the contrary, to the maximum extent permitted by law (including subject to your rights under the ACL): (1) we will not be liable for any Consequential Loss; and (2) our maximum aggregate Liability in relation to the provision of the Services or these Terms will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the provision of the relevant Services to which the Liability relates.

Term

These Terms will commence at the time you accept these Terms and will continue until the completion of the Booking, unless terminated earlier in accordance with the provisions of these Terms.

Disputes

Neither you, or us, may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with the other party to seek (in good faith) to resolve the Dispute.

Governing Law:

These Terms are governed by the laws of Victoria.  You, and we, irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

GST

If and when applicable, GST payable on the Price will be set out or our Site. You agree to pay the GST amount at the same time as you pay the Price, to the extent you are required to pay the Price under these Terms.

Severance

If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.

DEFINITIONS

In these Terms, unless the context otherwise requires, the following words mean:

Consequential Loss

includes any consequential, special or indirect loss, damage or expense including any real or anticipated loss of revenue, loss of profit, loss of use, loss of occupation, loss of benefit, loss of financial opportunity, or economic loss whether arising out of a breach of these Terms, at law, under any statute, in equity, or in tort (including negligence).

Liability

means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party, a party to these Terms or otherwise.

Our Personnel

means our employees, contractors and third party providers

Price

means the price set out on our Site for the provision of the Services and any resources we provide, and includes any payment processing fee.

Site

means our website where our Services are set out for the Booking.

Terms

means these terms and conditions.